Agenda - Planning Commission - 03/04/1997

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APPROACHES TO ADU ZONING REGULATIONS (CONTINUED) Issues and Comments Approaches I I I I I I I I I I I I 8. Must the owner reside on the premises? Requiring the owner to live on the premises is a key way to assure better property maintenance and political acceptance of ADUs. Only recently has a court addressed and upheld the owner occupancy n:quirement in the context of ADUs (Sounhein v. City of San Dimas, 55 Cal. Rptr. 290 [Cal. App. 1996]). 9. Can the owner llve in either the ADU or the principal unit? Since one common purpose of ADU regulations is to gain rental income for homeowners, it is not unusual for communities to permit owners to live in either unit. Often rental income from the principal unit will be higher than that from the ADU. 10. What persons are eligible as ADU occupants? Allowing only certain types of persons to occupy ADUs is common but involves more legal and economic risks. Such provisions may violate the federal Fair Housing Act (42 U.S.C.A. 93601 ) if they exclude families with children under 18 years of age or other protected persons. 11. How many persons may occupy the ADU? Out of concern over the impacts of ADUs, some communities limit the number of occupants. In addition, some communities require occupants to be of the same family. 12. Does principal unit have to be a certain age? To prevent new homes from being designed and marketed as containing ADUs, communities occasionally set a minimum age on the principal unit. (Note that communities using ADUs to rehab older neighborhoods allow ADUs to be built only on lots with homes built before a certain date.) 13. What is the minimum term of the applicant's ownership of the principal unit? To prevent speculators from buying existing homes for installing ADUs, some communities require a minimum term of ownership of principal units. 14. What types of structures may be used as ADUs? Note that chis is an issue only if the community allows attached and detached accessory cottages. Mobile homes are rarely allowed as ADUs. 15. Does the ADU have to be subordinate to the principal unit? Traditionally, accessory uses are subordinate to principal uses. ADU ordinances rarely define "subordinate" but, when they do, express it as requiring ADUs to be smaller or less conspicuous from the street than principal units. (See also items 16, 17, and 19.) --Requiring owner to live on premises containing an ADU (may live in ADU) --Requiring the principal unit to be occupied by owner --Permitting owner to live in either the accessory or principal unit ---~lowing owner to live in either type of unit if limits are not exceeded (maximum number of persons or ratios of persons to bedrooms or living area) --Requiring owner to live in the principal unit --Limiting occupancy for initial term (three years, e.g.) to persons related to owner, handicapped, or elderly --Limiting occupancy to persons who are related to owner, handicapped, or elderly --Restricting number of occupants to specific number, commonly fewer than three or five --Restricting number of occupants to a family of fewer than three or five --Limiting eligibility for ADU permits to owners of principal units that were built two to five years ago or before a certain date --Limiting eligibility for ADU permits to owners of a minimum length of ownership (minimum term of ownership is similar to minimum age of principal unit--two to five years) --Requiring ADU structure to have the appearance of a single-family dwelling unit --Requiring the ADU structure type to be allowed in zone and to have appearance of a single-family unit --Last approach plus requiring ADU to be architecturally consistent with principal unit --~lowing only site-built accessory cottages that are architecturally consistent with principal unit --Requiring the ADU to be subordinate to the principal unit in dimensional ways such as: · ADU must cover 20 percent less of lot than principal unit; · ADU's maximum size can be only 30-50 percent of the living space of the principal unit; or · ADUs are allowed only within "original" envelope of principal unit. I I I I I ADUs that do not conform to building and electrical codes. Out of an estimated 5,000 illegal units, 1,055 have been legalized. In addition to legalizing existing ADUs, the city's efforts have led to the creation of 288 new legal units. Early in its program, the city sowed the seeds of success in fostering new units by minimizing the applicants' fees and red tape. It subsidizes ADU application fees by setting them ar $100, less than the fee needed to add a bedroom to a house. To cut red tape, the city designed a process in which an applicant can describe the Supporting. the ADU Zoning · 'Conduct5 a h0using's6rVey. · Adopt an ADU plan policy. · Adopt a ~tatement of purpose in zoning regtdadons. ~, Incorporate study findings'on the benefits of ADUs in the ordinance, · Train staff to assist applicants for ADUsl · Streamline the ADU application process. · Puisue other promotional efforts. · Offer grants or low-interest loans. · Lobby for adoption of a state ADU law. particulars and get a preliminary answer about the feasibility of getting a permit in about 20 minutes without a hearing. Permits are granted permanently with the conditions being recorded in the owner's chain of property tide. Also, the city promotes new ADUs with a low-interest loan program for low- income owners who agree to install ADUs and lease the units only to other low-income persons for a period of at least five years. The finest advantages of Daly City's ADU program are at the human level. Many senior citizens,