Agenda - Planning Commission - 03/04/1997

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APPROACHES TO ADU ZONING REGULATIONS · issues and Comments Approaches I. ADUs allowed in what zones? Communities tend to allow ADUs, if at --Permitting ADUs in any zone that allows single-family or all, in all residential zones. In some communities, however, they are nor multlfamily housing allowed in single-family zones. --Allowing ADUs in all but single-family zones --Authorizing all types of ADUs in any residential zone 1 --Permitting all tTpes of ADUs in any residential zone except tha 2. Types of ADUs allowed? This issue addresses what types of ADUs are detached accessory cottages must be on lots with a specified allowed in what types of zone. The most restrictive approach is to allow minimum size only accessory apartmeots and to prohibit accessory cottages, --Banning accessory cottages but allowing accessory apartments ir1 certain zones --Requiring applicants merely to file a~davit saying accessory apartment conforms to certain requirements; building inspectio. 3. What zoning approval processes are used for ADUs? Approval processes follows · with hearings are favored by neighbors but disliked by ADU applicants. --Issuing permit after finding that application complies with zonidl~ The approaches include those that have no hearings, those that mO, have code standards hearings, and special exceptions that ahvays include hearings. ADUs are often subject to ordinance standards even wheo the), are allowed by right in --Notifying adjacent landowners and holding hearing only if there! zoning districts, unresolvable neighbor objections 1 --Requiring approval of applications as special exceptions, with he.'t~g preceded by notice to public and neighbors 4. What application fees and information are required? A major 1 impediment to the creation of ADUs is burdensome fees and application --Limiting the information required of ADU applicants to that for information. UnfortunatelT, communities often require a higher fee and single-family homes and setting ADU application fees at a percentage more information for an ADU than for developing a single-family of the fees for a single-family borne residence. ADU proponents sa), the application requirements for ADUs --Requiring a higher application fee and more information of ADU should not be greater than those for single-family homes, applicants because of special exception procedure --Issuing permanent ADU permits but requiring owners to file perle 5. How can compliance with permits be monitored? Issuing only written statements of continuing compliance temporary permit and requiring periodic renewal and inspection can allay neighbors' concerns but make owners and bankers nervous about relying --Issuing permanent ADU permits but holding hearing to revoke on a unit's longevity. In addition to the monitoring methods listed here, permit if complaint is filed inspecrlons can be required periodically. Alternatively, the periodic --Issuing temporary ADU permits and suspending review if, during inspection can be required for renewal ora license ro have a rental unit in a time period, no complaint is received single-family or other zone. (See number 23 below.) --Issuing temporary ADU permits and requiring periodic renewal an inspection 6. Does lot have to be occupied by a dwelling unit? This issue addresses --Allowing ADUs to be built in, or concurrently with, either new or whether an ADU can be built simultaneously with a new residence, existing residence --Requiring lot to contain an existing dwelling unit 7. What is the minimum lot size? Sot'he communi6es discourage ADUs by --Permitting accessory apartments on lots that are only 90 percent of requiring greater thao the minimum lot size for the zone for lots with an the zone's minimum lot size ADU. The approaches range from requiring less ro requirln~ more than the --Requiring the minimum lot size for all types of ADUs zone's minimum lot size. (Communities do not usually impose additional --Confining detached cottages to lots larger than the zone's minimum~ lot setback and coverage requirements.) lot size legislation, and to legalize illegal ADUs that posed health and safety hazards to residents. Before launching its ADU program, city officials were worried that too many ADUs might cause nuisances, parking problems, and demands too great for existing community sen,ices. The city set some limits. Because small lots dominate the city's neighborhoods, only accessory apartments--no detached units--were allowed in residential zones. Lots with ADUs had to have four parking spaces on the premises, two of them for the principal unit. These could, however, be tandem Rodney Cobb is APA staff attornO, and editor of Land Use Law & Zoning Digest. He is currently the principal hwestigawr of an ongoingjoint project with the American Association of Retired Persons to develop model state and local AD U laws. 2 parking and be located in any yard (although two of the foui. spaces must be in nonyard areas such as the driveway or garage). Daly City also limited the maximum size ofaccesso, apartments to 25 percent of the living area of the principal dwelling unit. The city's key to preventing nuisances was its owner- occupancy requirement. Officials reasoned that owners on ti premises would not tolerate many nuisances that tenants mt'g otherwise create. Although realtors have tried to repeal this requirement, Daly City officials have made it clear that an owner's presence is a must. A cornerstone of Daly City's ADU program is Project [] Homesafe, which received an award from the California League of Cities as an innovative community development program. In 1992, the city initiated this project to rid neighborhoods of fire and structural risks posed by illegal [] 1