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Home My WebLink AboutStaff Report 8068 City of Palo Alto (ID # 8068) City Council Staff Report Report Type: Informational Report Meeting Date: 10/23/2017 City of Palo Alto Page 1 Summary Title: Accessory Dwelling Unit Quarterly Report Title: Quarterly Report to City Council on Accessory Dwelling Units and Junior Accessory Dwelling Units From: City Manager Lead Department: Planning and Community Environment Executive Summary This is a quarterly report to the City Council on the implementation of Ordinance No. 5412, the City’s updated Accessory Dwelling Unit (ADU) regulations. The new regulations, amending Title 18, became effective as of June 8, 2017 and were aimed at bringing the City into compliance with State laws intended to encourage the construction of accessory dwelling units. The City Council directed that staff provide quarterly reports on permits filed for the construction of accessory dwelling units following the implementation of the ordinance. There have been a total of ten ADU applications filed with the City between January 1 and September 8, 2017, and an additional three applications received in 2016 have been processed in accordance with the new ordinance. (The new ordinance applies to applications regardless of application filing dates if building permits have not been issued.) The City has so far issued nine building permits for ADUs in 2017. Six of the building permits issued involved applications filed in 2017, and three involved applications filed in 2016. There are currently four ADU applications pending. Background The City Council adopted Ordinance No. 5412 on May 8, 2017, which amended Title 18 (Zoning) of the Palo Alto Municipal Code to implement new State requirements related to ADUs and to encourage the construction of accessory dwelling units. The ordinance can be found at: http://www.cityofpaloalto.org/civicax/filebank/documents/57945. Some of the changes established by Ordinance 5412 are summarized in Attachment A. Importantly:  ADUs are permitted on more parcels than they were previously, subject to revised development standards, City of Palo Alto Page 2  only one ADU or Junior Accessory Dwelling Unit (JADU) is permitted per lot,  ADUs may not be used for short term (less than 30 day) rentals, and  the primary residence and ADU must be under single ownership. The purpose of this quarterly report is to provide the City Council with the number of ADU applications that have been received and processed from January 1, 2017 (after the implementation of new State regulations) and since the adoption of the City of Palo Alto’s ADU Ordinance No 5412. This first report includes information on the types of ADUs proposed (attached/detached), and whether the ADU is new construction or conversion of existing living space or garage conversion. The City has been tracking the number of permitted ADUs (previously known as Second Dwelling Units) for the last fifteen years. Historic data shows that Palo Alto averaged construction of approximately four accessory dwelling units per year prior to the adoption of the new ordinance. ADU Applications January 1 - September 8, 2017 This report focuses on the thirteen building permit applications that were submitted or active between January 1 and September 8, 2017. Ten building permit applications for ADUs were filed in 2017 and there were three pending applications from 2016 for ADUs at the start of this year. Seven of the new applications filed in 2017 were filed before the ordinance went into effect in June, while three were filed between the effective date and September 8, 2017. The City has issued nine building permits for ADUs in 2017; seven were issued before June 8 and two after the effective date of the City’s ordinance. Three of the nine building permits issued involved applications which were filed in 2016. (As noted earlier, the new ordinance applies to building permit applications regardless of application filing dates if building permits have not been issued before June 8, 2017.) There are currently four ADU applications pending applicant resubmittals for which building permits have not been issued. Eight of the proposed thirteen ADUs applications are for new detached units, while the rest are for garage, accessory structure or other conversions. All except one of the applications is for a one bedroom unit. The three proposed projects filed after June 8, 2017 are for new detached one bedroom ADUs. No applications were filed for Junior Accessory Dwelling Units. Observations & Next Steps There has been a lot of interest expressed by the community on the changes brought about by the new ADU regulations, however, the regulations have only been in effect for a short time, and it is probably too early to draw conclusions about the effectiveness of the ordinance or any resulting issues. Also, while the City has certainly received and processed more applications (about ten) than in past years (our average was four), the number of applications received is still relatively small. This may have to do with the cost of construction and the fact that City of Palo Alto Page 3 architects and contractors are extremely busy at the moment, and it may be because people are still becoming familiar with the requirements of the new ordinance. Staff hopes to be able to draw more conclusions in early 2018, and will also be comparing notes with staff of other nearby jurisdictions to learn about their experiences implementing the new State law. On December 13, 2017, staff has scheduled a study session with the Planning and Transportation Commission (PTC) to discuss the new regulations as directed by the City Council. Staff will provide an overview of the ordinance and its implementation thus far, public input received to date, and request PTC feedback if any changes are warranted. The PTC will have an opportunity to discuss several site-specific issues and questions that have come up during the implementation of the ordinance, including questions about parking within a street side setback, setbacks required for a through lot, and maximum lot coverage of all structures within the rear setback. Staff will return to the City Council with the PTC recommendations if any adjustments are proposed to the ordinance. Attachments: Attachment A: Summary of ADU Ordinance (PDF) Photo courtesy of Henry Wood Lot Coverage: An attached or detached ADU does not count toward lot coverage in the R1, RE, RMD, or OS Zoning Districts under the following conditions: •The site is already developed with an existing single family residence •The property is substandard by no more than 10% of the minimum lot size requirement, or larger •The site would exceed the permitted lot coverage with the addition of the proposed ADU Floor Area: An attached or detached ADU may exceed site floor area requirements up to 175 square feet subject to the following conditions: •The site is already developed with an existing single family residence •The site would exceed the maximum floor area with the addition of the proposed ADU •The proposed ADU is one story EXCEPTIONS For All ADUs & JADUs • May not rent for periods less than 30 days • May not be sold separately from the primary residence • Only one ADU or JADU may be located on a lot that also has a single-family dwelling unit • The property owner shall occupy the ADU/JADU or main residence, unless both units are rented to the same tenant; sub-leasing is prohibited • Fire sprinklers are only required when it is also required for the main residence • Street addresses are required • A Deed Restriction recorded with the County will be required prior to permit issuance • ADU/JADUs are not considered a new residential use when calculating utility connection fees • Basement used in the guide is a defined term and subject to specific standards • For property located in the DHS district - refer to the SOFA Coordinated Area Plan Phase I • Minimum ADU and JADU unit size is 150 square feet City of Palo Alto Summary Guide to ADUs and Junior ADUs . New ADUs on properties that are listed in the city’s historic inventory, the California Register or National Register of Historic Places shall comply with Secretary of the Interior’s Standards for the Treatment of Historic Properties; for more information visit: http://www.cityofpaloalto.org/gov/depts/pln/preservation.asp Protected trees may not be removed to accommodate an ADU; for more information visit: http://www.cityofpaloalto.org/gov/ depts/pwd/trees/regulated.asp * Junior ADUs may include separate bathroom, or may share a bathroom with the existing structure, and must have an efficiency kitchen with the following: • Sink w/maximum 1.5-inch waste line diameter • Cooking facility with appliances that do not require more than 120 volts, natural, or propane gas • Food preparation counter and storage cabinets Prepared by the Planning and Community Environment Department This document is a summary of the new ADU/JADU regulations and not a substitute for the specific regulations available in Palo Alto Municipal Code Section 18.42.040. The New ADU/JADU regulations become effective on June 8, 2017. For more information, call 650-617-3117, or visit: http://www.cityofpaloalto.org/gov/depts/pln/advance/accessory_dwelling_units_regulations_update.asp version date: 5/24/17 Guide to Accessory Dwelling Units Standard Attached ADU Detached ADU Conversion of Floor Area Existing and Permitted as of January 1, 2017 Junior ADU* Permitted Zoning Districts R1 | R2 | RE | RMD | OS RM 15/30/40 when property is used for a single-family dwelling R1 | R2 | RE | RMD | OS RM 15/30/40 when property is used for a single-family dwelling R1 | RE (conversions in other districts subject to attached or detached ADUs standards) R1 | RE | RMD | R2 | OS RM 15/30/40 when property is used for a single-family dwelling Minimum Lot Area 5,000 square feet (10 Acres in OS) 5,000 square feet (10 Acres in OS) None None Maximum ADU Size (Area) Lesser of 600 square feet, or 50% of existing living area 900 square feet None, must be located within existing residence or structure 500 square feet, must include the conversion of existing bedroom Maximum ADU Height 1-Story / 17 Feet 2-Stories / 30 feet in the RE District 2-Stories / 25 feet in the OS District 1-Story / 17 feet None, must be located within existing residence or structure None, must be located within existing residence Daylight Plane (height limitation that defines a building envelope) Same as residence (underlying base district) Begins at a height of 8 feet at the property line and extends upward at a 45-degree angle None, must be located within existing residence or structure None, must be located within existing residence Minimum ADU Setbacks Same as main residence (underlying base district) 5 feet min from side/rear property lines when located above garage in the RE/OS 6 feet from interior side/rear property line 16 feet from street side yard Not permitted in the front yard setback None, except as required for fire safety None Lot Coverage (ADU) Same as residence (underlying district) See Exceptions on back page Same as residence (underlying district) See Exceptions on back page None, must be located within existing residence or structure Same as residence (underlying district) Floor Area (ADU) Counts toward site floor area requirements / house size Basement area may be exempt in some districts, but included in Maximum ADU Size (Area) See Exceptions on back page Counts toward site floor area requirements Basement area may be exempt in some districts, but included in Maximum ADU Size (Area) See Exceptions on back page None, must be located within existing residence or structure Same as residence (underlying base district) Main residence may exceed maximum floor area by 50 square feet to accommodate Junior ADU Parking None required, some standards apply if ADU parking proposed Any required parking displaced by an ADU must be restored on site None required, some standards apply if ADU parking proposed Any required parking displaced by an ADU must be restored on site None required, some standards apply if ADU parking proposed Any required parking displaced by an ADU must be restored on site None required, some standards apply if JADU parking proposed Any required parking displaced by an ADU must be restored on site Privacy 2-Story ADUs in RE / OS, use techniques to lessen views on neighbors, such as, landscaping, obscure glazing, and windows above eye level None 2-Story ADUs in all permitted districts, use techniques to lessen views on neighbors, such as, landscaping, obscure glazing, and windows above eye level None Entryways Independent exterior access Except for corner lots, must face different property line than main residence or located on rear half of lot Independent exterior access Independent exterior access Independent exterior access Interior entry to the main living area