Zoning Code Text Amendment to the Accessory Dwelling Unit Regulations (Section 17.50.275 of the Zoning Code) City Council June 19, 2017

Overview January 2017, City Council adopted initial amendments to the City’s accessory dwelling unit regulations Requested Planning & Community Development Department staff to conduct a comprehensive review of existing accessory dwelling unit regulations and return by end of June 2017 with potential revisions The item before you is an amendment to the City’s existing ADU regulations (or ADU regulations). Back in January, Planning staff was directed by the CC to return by end of June 2017 with a comprehensive review of the City’s ADU regulations, including potential revisions. This presentation will go over the amended State Law regarding ADUs, the City’s existing ADU regulations, and the proposed amendments.

Overview Amended State Law (AB 2299 and SB 1069) Adopted to address the housing crisis (e.g. lack of supply in the rental market) Recognizes ADUs as an essential part of the rental housing stock Intended to encourage creation of ADUs and ensure local regulations do not unreasonably restrict ability of homeowners to create ADUs Cities must allow an ADU that is converted from an existing space in all single-family residential districts

Purpose of Proposed Amendments Ensure that our ordinance complies with intent of State Law Approaches such as restrictive overlays or limiting ADUs to larger lot sizes are contrary to the intent of the State Law Facilitate creation of accessory dwelling units to provide additional housing opportunities Provide appropriate standards and limitations as allowed by the State Law to maintain character of the single-family neighborhoods Focuses on changes to regulations related to ADUs that are created by adding new square footage (“Exterior ADUs) Based on the City Council direction and the community input, the proposed amendment aims to facilitate the creation of ADUs to provide additional housing opportunities as intended by the State Law, but also provides appropriate standards and limitations as allowed by the State Law to maintain the character of the single-family neighborhoods. The main provisions of the proposed changes related to significant changes related to the locational requirements for Exterior ADUs, which include min lot size and the LD. At this time, staff will go over the proposed amendments in detail.

Issues Considered Public safety Substandard road width Fire and natural disaster risk Impacts of construction Maintaining integrity of historic districts Importance of preserving integrity of the historic districts Existing review process (“Certificate of Appropriateness”) and its potential applicability for ADUs

Issues Considered Neighborhood Compatibility Minimum lot size Second-story ADUs Unit sizes Location of entry doors Minimum lot size Intent of the State Law – encourage creation of ADUs Does not specify a set number or percentage of properties where ADUs are supposed to be permitted Consideration of different lot sizes (i.e. 5,000, 7,200, 10,000, and 15,000 sq. ft.)

Amended State Law (AB 2299 and SB 1069) State Law regarding accessory dwelling units was recently amended (AB 2299 & SB 1069) to address the housing crisis Intended to ensure local regulations do not unreasonably restrict their creation Notable provisions of amended State Law: Accessory dwelling units created by converting existing space (“Interior ADUs”) must be allowed in all single-family zoning districts “Interior Accessory Dwelling Units” New ADU within existing space Existing The State Law related to ADUs was recently amended through passage of AB 2299 and SB 1069. These 2 bills were created and passed as a result of current housing crisis in the State, and was intended to make sure that local regulations do not unreasonably restrict creation of ADUs. The State Law became effective January 1, 2017. There are a number of notable provisions of the amended state law – the most notable one is related to ADUs that are created by converting existing space. The State Law requires that this types of ADU must be allowed in all single-family zoned districts, as long as there is an exterior door, and the side/rear yard setbacks are sufficient for fire safety. The diagram shows examples of this type of ADUs – we will call this type of ADUs a Interior ADU.

Amended State Law (AB 2299 and SB 1069) Parking Standards One parking space per unit can be required in any form with exceptions Based on the exemption for lots located within ½ mile of public transit stop, no parking can be required for ADUs in most areas of the City If a garage or carport is demolished to accommodate an ADU, the required replacement parking can be in any form (e.g. on the driveway) Development Standards A setback cannot be required for an existing garage that is converted into an ADU Rear and side setbacks of no more than five feet can be required for an ADU constructed above an existing garage Other important provisions include changes in provisions related to parking and setbacks: In terms of parking, Only 1 parking space per unit can be required, which can be in any form with exceptions; however, there are exceptions - and the exemption criteria related to location within ½ mile of public transit stop means that no parking can be required in most areas in Pasadena. Also, if existing covered parking is demolished to build an ADU, the replacement parking can also be in any form In terms of setbacks, No setbacks are required for ADUs created by converting existing garage, and only 5 feet side/rear yard setback can be required if ADU is constructed above an existing garage. Also, local ordinances are deemed null and void if the entire ordinance does not comply with the State Law provisions.

City’s Existing Accessory Dwelling Unit Regulations City’s existing accessory dwelling unit regulations (Section 17.50.275 of the Zoning Code) Adopted in 2004 Amended in January 2017 in a response to the recently amended State Law Different standards based on type of units Interior Accessory Dwelling Units (created by converting existing space) Exterior Accessory Dwelling Units (created by adding new square footage) In terms of the City’s existing ADU regulations- It was originally adopted in 2004, but it was recently amended in January 2017 with targeted changes in order to comply with the recently amended State Law. The current regulations include different standards based on the type of ADUs – first type is the Interior ADUs, which are the ones created by converting existing space, and the second type is ADUs created by adding new square footage, which will be referred to as Exterior ADUs.

City’s Existing Accessory Dwelling Unit Regulations New ADU within existing space Existing “Interior ADUs” Existing “Exterior ADUs” New ADU Explain the diagram – It should be noted that many provisions in the City’s regulations can’t be changed since these provisions are mandated by the State Law – these include parking requirements, certain setback requirements, and location where Interior ADUs are permitted. Staff will go over existing regulations for both types of the units.

City’s Existing Accessory Dwelling Unit Regulations: Interior ADUs Allowed on all single-family zoned properties (RS) Both attached and detached units are permitted New ADU within existing space Existing “Interior ADUs” Operational Standards One unit must be owner-occupied Cannot be sold separately from primary dwelling Units created after January 1, 2017 cannot be used for short-term rental Development Standards Must contain exterior door, and side and rear yard setbacks must be sufficient for fire safety Five-foot setback required if located above a garage So for Interior ADUs, which are ADUs created by converting existing space- These units MUST be allowed on all single-family zoned properties, which includes all RS zones in the City, and can be both attached or detached. These units must be owner occupied, cannot be sold separately from the primary dwelling, and the units created after January of this year cannot be used as short-term rental. In terms of development standards, Interior ADUs must contain an exterior door and the side and rear yard setback must be sufficient for fire safety. Also, if such unit is located above a garage, a min 5-foot setback is required. Other than these standards, no other development standards apply to Interior ADUs.

City’s Existing Accessory Dwelling Unit Regulations: Exterior ADUs Allowed on all single-family zoned properties (RS) that are at least 15,000 square feet in size Exception: Prohibited in Hillside and Landmark Overlay Districts Existing “Exterior ADUs” New ADU Both attached and detached units are permitted For Exterior ADUs, which are ADUs created by addition new square footage- Both attached and detached units are permitted, and the operational standards are same as Interior ADUs. (the owner-occupant requirement, prohibition in separate sale of the ADU and the short-term rental applies to exterior ADUs). However, there is a major difference in where Exterior ADUs are currently permitted compared to the Interior ADUs – Exterior ADUs are only allowed on a single-family zoned properties that are at least 15,000 sq. ft that are not located in Hillside or Landmark Overlay Districts.

City’s Existing Accessory Dwelling Unit Regulations: Exterior ADUs Development Standards Exterior ADUs are subject to the development standards applicable to the primary dwelling (e.g. floor area, lot coverage, setbacks, etc.), except: Standards Maximum Unit Size Attached: lesser of 800 sq. ft. or 50% of the primary dwelling Detached: 800 sq. ft. Number of stories Limited to one-story unless ADU is attached to existing two-story primary dwelling Building Separation 6 ft. or 10 ft. Entry Door Cannot be visible from the public right-of-way Parking One parking space per unit unless exempt (e.g. located within ½ mile of public transit stop) Setback for ADUs located above existing garage 5 ft. Also, Exterior ADUs are subject to a number of specific development standards. Generally, Exterior ADUs are subject to all development standards applicable to the primary dwelling including floor area, lot coverage, and setbacks, unless a separate standard is established. These include: -The size is generally limited to 800 sq. ft., and they are limited to 1 story unless the ADUs is attached to an existing 2-story primary dwelling, -If detached, 6 to 10 feet of separation is required, and the entry door of an Exterior ADUs cannot be visible from the public right-of-way. -In terms of parking, 1 parking space is required per unit, unless the property meets the criteria established by the State Law. -And a setback of 5 foot is required for ADUs that are located above an existing garage.

Community Meetings: April 4th & 6th, 2017 Summary of comments Majority of comments indicated support for less restrictive standards for “Exterior ADUs”: Lower minimum lot size requirement Allow such units in Hillside and Landmark Overlay Districts under certain conditions Increase the maximum unit size Allow second-story accessory dwelling units Allow in multi-family zoned properties developed with a single-family house Comments also received in opposition to less restrictive standards based on preservation of single-family neighborhood character Other concerns related to enforcement, Residential Impact Fee, and impacts of accessory dwelling units on housing supply and affordable housing So As part of the current work program to amend the ADU regulations, city staff held two community meetings to solicit public input, which was attended by approximately 80 people. Since the State Law significantly limits the local municipalities’ ability to regulate Interior ADUs, the main focus of the community meetings was to gather public input on potential changes related to development standards that currently apply to Exterior ADUs. The majority of the public comments received indicated support for adopting less restrictive standards for ADUs by -lowering the maximum lot size requirement, -allowing accessory dwelling units in Hillside and Landmark Overlay Districts, and multi-family zoning districts under certain conditions, -increasing the maximum unit size, -allowing second-story accessory dwelling units. However, there were also comments received in opposition to adopting less restrictive standards based on concerns related to the preservation of single-family neighborhoods. Lastly, there are other general comments that relate to ADUs, which included concerns related to enforcement of the required operational standards (e.g. owner-occupant requirement, short-term rental prohibition), the Residential Impact Fee, and the impact of accessory dwelling units on housing supply and affordable housing.

Proposed Amendments Significant changes to ADU ordinance relate to locational requirements for Exterior ADUs: Landmark Districts Minimum Lot Size Based on the City Council direction and the community input, the proposed amendment aims to facilitate the creation of ADUs to provide additional housing opportunities as intended by the State Law, but also provides appropriate standards and limitations as allowed by the State Law to maintain the character of the single-family neighborhoods. The main provisions of the proposed changes related to significant changes related to the locational requirements for Exterior ADUs, which include min lot size and the LD. At this time, staff will go over the proposed amendments in detail.

Proposed Amendments Location Requirement for Exterior ADUs – Landmark Overlay Districts Re-evaluate Landmark Overlay Districts restrictions Approximately 2,941 properties (~14% of RS-zoned properties) New construction should only be permitted when they do not detract from integrity of the historic district In order to ensure new development does not detract from the historic integrity of a district, a “Certificate of Appropriateness” (COA) permit is required for certain construction COA required for any exterior work that is visible from a public right-of- way to ensure compatibility with the historic character Landmark Districts today permit the construction of new accessory structures, additions etc. without a COA if it is not visible from the public- right-of-way In terms of re-evaluating prohibition of Exterior ADUs in LD, LD are areas that were determined to be historically significant at the local level. There are a total of 21 Landmark Overlay Districts in residential districts, which consists of approximately 2,941 properties (of which 2,677 properties are 5,000 square feet or larger.) Given the historic signficance, new developments in LD should be allowed only if they are determined to be in line with the integrity of such district. Therefore, In LD, along with other State and national historic districts, a discretionary permit (“Certificate of Appropriateness”) is currently required for any exterior alterations, additions, and new construction that is visible from a public right-of-way to ensure that these proposed changes are compatible with the character of the individual property and/or historic district and that significant historic structures are preserved. In other words, developments that are not visible from the public right-of-way can be built today without a CofA. Also, please note that same permit is required for any type of alteration (includes interior renovations if the property is designated as a historic monument or Greene & Greene), addition, and new construction for individually designated properties.

Proposed Amendments Location Requirement for Exterior ADUs – Landmark Overlay Districts 21 Landmark Overlay Districts in residential zones Approximately 11% of the properties have two or more units ADUs should not detract from historic integrity of the district State Law: no discretionary review for ADUs Recommendation: Only allow Exterior ADUs in historic districts (Landmark, State and National Register Districts) when a Certificate of Appropriateness is not required: Not allowed in Exterior ADUs on individually designated properties So within the 21 existing Landmark Overlay Districts in residential districts, approximately 11% of the properties within LD overlay already consists of 2 or more units. Therefore, it may be appropriate to allow ADUs within historic districts since there are already a number of properties that has more than 2 units on a lot, but it should only be allowed if the compatilibity with the historic integrity of the districts can be ensured through the same COA process that is required of any other development. However, since the State Law does not allow discretionary review for ADUs, Certificate of Appropriateness, which is a discretionary permit, cannot be required for ADUs even if it’s to review historic compatibility. Therefore, it is proposed that the Exterior ADUs in historic districts be allowed only when a COA is not required. Please note that this means that exterior ADUs will not be allowed in individually designated properties.

Proposed Amendments: Location Requirement for Exterior ADUs - Hillside Overlay Districts Re-evaluate Hillside Overlay Districts Unique characteristics of hillside districts Significant slope variations Streets of substandard width Large amount of natural vegetation Higher fire and natural disaster risk Unique concerns related to construction (e.g. traffic congestion on narrow roads, unavailability of parking, grading) Hillside Development Permit required for any new house and additions of certain size to ensure compliance with intent of HD overlay In regards to re-evaluating prohibition of an Exterior ADU in HD, A number of public comments received supported allowing Exterior ADUs in HD, but also stated that the existing site conditions should be considered to ensure that there is no negative impacts to the area. There were also a number of comments that opposed allowing Exterior ADUs in HD based on the characteristics of HD. These comments are reflective of the unique characteristics of HD, which are often characterized by significant slope variations, substandard streets, large amount of natural vegetation, and higher fire and natural disaster risk. Also, there are unique concerns related to construction activity, which typically include Impacts of new construction potential traffic congestion on narrow roads, availability of parking, grading associated with new construction, and damage to roadways. In recognition of this, the City currently requires a discretionary permit approval (“Hillside Development Permit”) for any new houses and additions of certain size in HD. The purpose of this review process is to ensure that the proposed developments in the HD are compliant with the intent of the district, which is to preserve significant natural features and minimize developmental impacts to topography, prohibit features that would create or increase safety hazards such as fire, floods, and landslides, and avoid residential densities that would require extensive grading or generate extensive traffic, and maintain and protect natural resources.

Proposed Amendments: Location Requirement for Exterior ADUs - Hillside Overlay Districts Hillside Development Permit cannot be required for ADUs; discretionary permit No proper way to analyze potential impact without a discretionary permit process Recommendation: Continue to prohibit Exterior ADUs within Hillside Overlay Districts However, this permit cannot be required of accessory dwelling units, as all reviews must be ministerial, and there is no proper way to analyze the impact without a discretionary permit process. For these reasons, the existing regulation prohibiting new Exterior ADUs within the Hillside Overlay District is proposed to remain in place {based on potential public safety concerns associated with unique site conditions present on the majority of areas within the Hillside Overlay District as allowed by the State Law}

Proposed Amendments: Location Requirement for Exterior ADUs - Minimum Lot Size Re-evaluate Minimum Lot Size Requirements Analysis of minimum lot size requirements of other municipalities and property profiles of Pasadena In terms of the minimum lot size requirement. In order to establish a new min lot size requirement that is appropriate for the City and consistent with the intent of State Law, staff analyzed min lot size requirements of other municipalities, along with property profiles of Pasadena.

Proposed Amendments: Location Requirement for Exterior ADUs - Minimum Lot Size Existing 15,000 sq. ft. minimum lot size requirement is restrictive Majority of public comments supported lower minimum lot size, ranging from 5,000 square feet to 10,000 square feet Not consistent with the intent of the State Law the existing 15,000 sq. ft. min lot size requirement excludes ~ 86% of the RS properties from being eligible, since only about 2800 properties are 15,000 sq. ft. or larger. Also, this number is further reduced to about 1275 (~6%) when other location prohibitions are taken into consideration. Due to the restrictive nature of this requirement, the existing 15k minimum is not consistent with the intent of the state law. Also, A Majority of the public comments received at the community meeting supported establishing lower minimum lot size requirement, which generally ranged from 5,000 square feet to 10,000 square feet. (There was also few comments that mentioned using 12,000 square feet.)

Proposed Amendments: Location Requirement for Exterior ADUs - Minimum Lot Size 15,000 square feet: Approximately 1,275 out of 20,331 RS- zoned properties eligible (~6%)

Proposed Amendments: Location Requirement for Exterior ADUs - Minimum Lot Size 10,000 square feet: Approximately 4,510 out of 20,331 RS- zoned properties eligible (~22%) A 10,000 square-foot min was analyzed, but it was determined that it would not be consistent with the intent of the State Law as only 22 percent of RS zoned properties would be eligible under this category.

Proposed Amendments: Location Requirement for Exterior ADUs - Minimum Lot Size 7,200 square feet Minimum lot size required for new lots in RS-6 zoning Includes approximately 14,682 properties (~73%) Consistent with the industry practice of utilizing the minimum lot size required of a typical single-family property Staff’s original recommendation to the Planning Commission So, Staff then considered 7,200 square feet, which is the min lot size required for new lots in RS-6 zoning district in the City, which is the most typical SF zoning district in the City. Based on the analysis, a min lot size requirement of 7,200 square feet provides sufficient opportunity to the community to create ADUs since it includes approximately 73% of all RS-zoned properties. Also, it is consistent with the practice of a number of other cities, as the min lot size requirements for ADUs in other cities if there is such standard, were generally consistent with the min lot size required of a typical SF zoning district in respective cities. For these reasons, staff originally recommended the minimum lot size requirement for Exterior Accessory Dwelling Units be lowered to 7,200 square feet.

Proposed Amendments: Location Requirement for Exterior ADUs - Minimum Lot Size 7,200 square feet: Approximately 10,775 out of 20,331 RS- zoned properties would be eligible (~53%)

Proposed Amendments: Location Requirement for Exterior ADUs - Minimum Lot Size Planning Commission questioned the number of lots between 7,200 sf and 5,000 sf Approximately 26% of all RS-zoned properties are under 7,200 sf. Concerns related to potential unfair geographical exclusion However, in May, the Planning Commission questioned the number of lots between 7.2k and 5k, mainly because there is a significant number of RS-zoned properties that are smaller than 7,200 sq. ft, which includes approximately 26% of RS-zoned properties of which approximately 21% are between 5k to 7.2k. Also, the PC was concerned that not allowing Exterior ADUs on properties smaller than 7.2k may create unfair geographical exclusion since many of these properties appear to be located in specific parts of the City.

RS zoned Properties between 5,000 and 7,200 sq. ft. (~1,169) (~4,204) Located on the northern side

Proposed Amendments: Location Requirement for Exterior ADUs - Minimum Lot Size Planning Commission voted to further reduce the minimum lot size to 5,000 sq. ft. Recommendation: Lower the maximum lot size from 15,000 to 5,000 square feet for Exterior ADUs So based on these reaons, the PC voted to further reduce the min lot size to 5k. Therefore, the minimum lot size requirement for Exterior Accessory Dwelling Units is proposed to be lowered from 15,000 square feet to 5,000 square feet, as recommended by the PC.

Proposed Amendments: Location Requirements for Exterior ADUs Existing Recommended Minimum Lot Size 15,000 sq. ft. 5,000 sq. ft. Zoning Districts Historic Districts (Landmark, state, national) Not permitted Only permitted when new Exterior ADU is not subject to a COA *not permitted on individually designated historic property Hillside Overlay District No change Base Any RS zoning districts Any RS or RM zoning districts that contains only one existing single-family house This chart summarizes the changes to the locational requirements for Exterior ADUs. Min lot size requirement for is proposed to be lowered from 15k to 5k, And the Exterior ADUs are proposed to permitted in historic districts (which includes landmark, state and national registered districts) as long as the new Exterior ADU is not visible from the public right-of-way. And the current prohibition in Hillside Overlay District is proposed to be maintained. Also, there is one more change proposed in regards to where Exterior ADUs are permitted - the Exterior ADUs are proposed to be permitted in both RS and RM zoning districts as long as the property contains only one existing single-family home.

Map of where Exterior ADUs are Currently Permitted # of properties RS zones ~1,275 RM zones Total Approximately 6% of RS zoned properties

Map of where Exterior ADUs are Proposed to be Permitted # of properties RS zones ~13,320 RM zones ~1,759 Total ~15,079 Approximately 66% of RS zoned properties

Proposed Amendments: Other Standards Existing Recommended Interior Side & Rear Yard Setbacks for Detached Exterior ADUs Interior side: 10% of the lot width or 5 ft., whichever is greater Rear: 25 ft. (Same as the base zoning district)   Exception: side and rear setback for attached exterior ADUs constructed over the existing garage is 5 ft. Allow detached Exterior ADUs to utilize the existing setback rules applicable to regular detached accessory structures, which allows the structures to be as close as two feet from rear and side property lines under certain circumstances Windows and doors for Interior ADUs within Historic Districts No regulation Windows and doors that are original to the structure are generally required to be retained, unless this requirement prevents creation of the ADU There are also several changes proposed regarding development standards for ADUs. First, is related to the setback requirement for the detached Exterior ADUs. Currently, Exterior ADUs are required to comply with most of the development standards that apply to the primary residence, which includes rear yard setback requirement of 25 feet. While this requirement is reasonable for Exterior ADUs that are attached to the primary residence, it may hinder the ability to construct an Exterior ADUs that is detached from the primary residence. Also, the existing ZC allows an alternative side and rear yard setbacks that are much less restrictive for detached accessory structures like pool houses and detached garages, if the structures is either more than 100 ft from the front property line or in the rear 25 feet of the site. Therefore, it is proposed that this alternative setback requirement applicable to detached accessory structures be applied to detached Exterior Accessory Dwelling Units. The next change is related to windows and doors for interior ADUs within historic district, Since modification of original windows and doors may have impacts on historic districts, it is proposed that the original windows and doors (including openings and garage doors) on contributing properties to Landmark and other historic districts that are visible from the public right-of-way be retained, unless this requirement prevents the creation of such units. Also, for individually designated properties, this requirement will apply to all original windows and doors regardless of their location. This requirement will also apply to non-original windows that previously replaced original windows and doors with approval of a CofA. It should be noted that such standard is not necessary for Exterior Accessory Dwelling Units since such units are permitted in historic districts only if they are not visible from the public right-of-way, and are not permitted on individually designated properties.

Proposed Amendments: Other Standards Existing Recommended Minimum Unit Size for Exterior ADUs None 150 sq. ft. (consistent with the State Law) Maximum Unit Size for Exterior ADUs 800 sq. ft. No change except: Detached accessory dwelling units cannot be larger than the primary dwelling unit Location of the Entry Door Entry doors to an ADU cannot be visible from the public right-of-way Entry door to attached ADUs cannot be on the same façade as the entry door to the main dwelling For the minimum unit size, Since the existing regulations do not specify a minimum unit size for an ADU, it is proposed a minimum unit size of an accessory dwelling unit be established in compliance with the State Law, which is 150 square feet, which is same as the size defined for efficiency unit. And for the maximum unit size, the existing 800 square feet is proposed to be maintained, but an additional requirement is proposed to be added so in no case the ADUs can be larger than the primary dwelling. in regards to the location of an entry door – Currently, the entry door of an ADU is not permitted to be visible from the public right-of-way. Similar provisions exist in other local municipalities in an effort to maintain the single-family neighborhood character, as two separate entry doors being visible from a street is a traditional characteristic of a duplex. However, concerns raised at community meetings expressed that this is an unnecessary requirement that may hinder the ability to construct an accessary dwelling unit depending on the site conditions. In considering this matter, it was determined that the visual impact of an entry door to a detached ADUs is relatively low since these units are typically set back significantly from the front property line as they are located in the rear of a property. However, since attached ADUs may be located closer to the street, so the visual impact of an entry door of these units could potentially be more significant in altering the single family character of the neighborhood. Therefore, it is proposed that this provision be modified so the entry door to an attached Exterior ADU is not on the same façade as the entry door to the primary dwelling. In addition, the same standard will apply to attached Interior ADU, to the extent that this requirement would not prohibit creation of such units.

Proposed Amendments: Other Standards Existing Recommended Building Separation 6 to 10 feet from any structure, eave to eave, depending on whether there is a door or not 6 feet from any structure, eave-to-eave 2nd Story Exterior ADUs Attached: Only allowed if the existing house is two stories Detached: Not allowed No change Height of detached Exterior ADUs 12 feet to the top plate, 17 feet to the highest ridgeline In regards to the building separation requirement- Currently, the minimum required distance between a detached Exterior ADU and the primary residence is six feet, measured eave to eave, except that ten feet, also eave to eave, is required when the entry door of the unit faces the wall of another structure on the property. Staff proposes to simplify this requirement by maintaining the six foot minimum separation in all cases, regardless of the location of the entry door. This standard is consistent with the distance separation requirements for all other accessory structures (e.g. detached garages, gazebos, etc.) Please note this standard does not apply to Interior ADUs. Lastly, in regards to the 2nd story Exterior ADUs and height of the detached exterior ADUs, there was a number of public comments received at the community meeting regarding allowing 2nd story Exterior ADUs since current regulations do not permit 2nd story Exterior ADUs unless the unit is attached to the existing two-story primary dwelling. However, allowing two-story Exterior Accessory Dwelling Units has a number of potential obstruction and privacy issues related to 2-story Exterior ADUs for several reasons. State Law prohibits local cities from requiring a side and rear setback of more than five feet for accessory dwelling units constructed over a garage – so if an Exterior ADU is permitted to be constructed over a detached structure, it could have negative impacts related to privacy of adjacent properties since detached structures are typically located close to the side and rear property lines. This issue is already recognized in the City’s existing Zoning Code since the ZC limits the height of all detached accessory structures to one story. Also, allowing an attached Exterior ADUs on a property with a single-story primary dwelling may not conform to the idea of it being “subordinate” to the main house. Lastly, the current height limit applicable to detached Exterior ADU is already higher than what is allowed for detached accessory structures. Therefore, in order to preserve traditional single-family neighborhood characteristics, staff does not recommend permitting second-story accessory dwelling units above non-habitable detached accessory structures, nor above an existing one-story house. Also, staff would like to note that many of the existing regulations, such as requiring detached ADUs to be behind the building line of the primary dwelling and the prohibition of issuance of overnight parking permit for properties with ADUs will remain.

Residential Impact Fee Established in 1988 to provide funds for City parks and park facilities Applies to all new residential development in the City, including accessory dwelling units Calculated based on the number of bedrooms per unit Affordable units receive a significant reduction   Regular Residential Units (per unit) Studio $17,984.98 1 bedroom $18,979.88 2 bedrooms $21,079.46 3 bedrooms $24,240.51 4 bedrooms $29,453.05 5+ bedrooms $33,290.96 Affordable Housing $932.03 In addition to the items mentioned in the presentation, there was a community concern that was raised regarding the Residential Impact Fee. RIF was established in 1988 to provide funding for City parks and related facilities, and all new residential developments in the City, including ADUs, are required to pay this fee. RIF is based on the number of bedrooms in a residential unit, and the current rate ranges from approximately $18k to $33k. It should be noted that affordable units receive a significant reduction in this fee.

Residential Impact Fee Concerns were raised at community meetings regarding the Residential Impact Fee and its potential in deterring homeowners from constructing an accessory dwelling unit Options that have been determined to be appropriate: Reducing the fee to the amount charged for affordable housing Waiving the fee entirely Another reduction as appropriate Staff recommends that this issue be agendized at a future City Council meeting for further discussion Because of its relatively high amount, there was concerns raised at the community meeting regarding this fee and its potential as a disincentive to construct ADUs. In order to address this concern, three options have been determined to be appropriate, which include reducing the fee to the amount charged for affordable housing, applying a different reduction as deemed appropriate, or waiving the fee completely. At this time, staff recommends that this issue be agendized at a future council meeting for further discussion.

Required Findings Consistent with the goals and policies of the General Plan Land Use Element Policy 2.1 (Housing Choices) Policy 7.1 (Compatibility) Policy 8.1 (Identify and Protect Historic Resources) Policy 8.5 (Scale and Character of New Construction in a Designated Landmark and Historic Districts) Policy 21.1 (Adequate and Affordable Housing) Policy 21.3 (Neighborhood Character) Policy 21.5 (Housing Character and Design) Policy 22.1 (Appropriate Scale and Massing) Policy 22.2 (Garages and Accessory Structures) Finally, in order to amend a zoning code, there are 2 findings related to GP goals and policies and general welfare of the City. Since the proposed amendments include changes to the Zoning Code in order to facilitate creation of accessory dwelling units while maintaining the character of the existing single-family neighborhoods, all within the confines of the recently amended State Law, which recognized accessory dwelling units as an essential component of the State’s housing supply. Therefore, it is consistent with GP Land Use Element policies listed on this slide which is related to housing choices, compatibility, historic resources, adequate and affordable housing, neighborhood character, housing character and design, appropriate scale and massing, and accessory structures.

Required Findings Consistent with the goals and policies of the General Plan Housing Element Policy 1-1 (Neighborhood Character) Policy 2-1 (Housing Diversity) Implementation Program 13.2 Not detrimental to the public interest, health, safety, convenience, or general welfare of the City Also, the proposed amendments are consistent with the Housing Element policies related to neighborhood character and housing diversity, and proposed amendment implements the Housing Element implementation program 13.2, which calls for a review and potential changes to the City’s ADU regulations. Lastly, the proposed amendments are not detrimental to the public interest, health, safety, convenience or general welfare of the City for the same reason.

Recommendation Acknowledge that the proposed amendments are exempt from CEQA Adopt the findings of consistency Approve the proposed text amendment to the Zoning Code Direct the City Attorney to prepare an Ordinance

Zoning Code Text Amendment to the Accessory Dwelling Unit Regulations (Section 17.50.275 of the Zoning Code) City Council June 19, 2017

Examples – 5,000 sq. ft. Lot Maximum Floor Area: 2,000 sq. ft. Street Existing House 2-Car Garage 50 ft. 100 ft. NEW ADU Maximum Floor Area: 2,000 sq. ft. Maximum Lot Coverage: N/A Existing house: 1,200 sq. ft. Existing garage: 400 sq. ft. Total: 1,600 sq. ft. New Exterior ADU: 400 sq. ft. New Total: 2,000 sq. ft. Existing House Alternative setback allowed for detached structures (under certain circumstances) Required setback for primary dwelling

Examples – 5,000 sq. ft. Lot Street Existing House 2-Car Garage 50 ft. 100 ft. NEW ADU Maximum Floor Area: 2,000 sq. ft. Maximum Lot Coverage: N/A Existing house: 1,200 sq. ft. Existing garage: 400 sq. ft. Total: 1,600 sq. ft. New Exterior ADU: 400 sq. ft. New Total: 1,780 sq. ft. Existing House (180 sq. ft. new + 220 sq. ft. conversion) Alternative setback allowed for detached structures (under certain circumstances) Required setback for primary dwelling

Examples – 7,200 sq. ft. Lot (2,520 to 2,880 sq. ft.) Existing 2-Car Garage NEW ADU House Maximum Floor Area: 2,660 sq. ft. Maximum Lot Coverage: 35% to 40% Existing house: 1,600 sq. ft. Existing garage: 400 sq. ft. Total: 2,000 sq. ft. New Exterior ADU: 600 sq. ft. New Total: 2,600 sq. ft. Existing House (2,520 to 2,880 sq. ft.) 120 ft. Alternative setback allowed for detached structures (under certain circumstances) Required setback for primary dwelling Street

Examples – 7,200 sq. ft. Lot (2,520 to 2,880 sq. ft.) Existing 2-Car Garage NEW ADU House Maximum Floor Area: 2,660 sq. ft. Maximum Lot Coverage: 35% to 40% Existing house: 1,600 sq. ft. Existing garage: 400 sq. ft. Total: 2,000 sq. ft. New Exterior ADU: 600 sq. ft. New Total: 2,600 sq. ft. Existing House (2,520 to 2,880 sq. ft.) 120 ft. Alternative setback allowed for detached structures (under certain circumstances) Required setback for primary dwelling Street

Examples – 10,000 sq. ft. Lot (3,500 to 4,000 sq. ft.) Existing House 2-Car Garage 64 ft. 155 ft. Street NEW ADU Maximum Floor Area: 3,500 sq. ft. Maximum Lot Coverage: 35% to 40% Existing house: 2,200 sq. ft. Existing garage: 400 sq. ft. Total: 2,600 sq. ft. New Exterior ADU: 800 sq. ft. New Total: 3,400 sq. ft. Existing House (3,500 to 4,000 sq. ft.) Alternative setback allowed for detached structures (under certain circumstances) Required setback for primary dwelling

Examples – 10,000 sq. ft. Lot (3,500 to 4,000 sq. ft.) Existing House 2-Car Garage 64 ft. 155 ft. Street NEW ADU Maximum Floor Area: 3,500 sq. ft. Maximum Lot Coverage: 35% to 40% Existing house: 2,200 sq. ft. Existing garage: 400 sq. ft. Total: 2,600 sq. ft. New Exterior ADU: 800 sq. ft. New Total: 3,400 sq. ft. Existing House (3,500 to 4,000 sq. ft.) Alternative setback allowed for detached structures (under certain circumstances) Required setback for primary dwelling

Existing Accessory Dwelling Units Between 2004 and 2016: Two building permit applications were approved and units constructed After January 1, 2017 (effective date of the amended State Law): Two building permit applications are currently under review So in terms of existing ADUs in the City – Between 2004 and 2016, 2 new ADUs were built in the City. After January 1 of this year, which is the date that the State Law became effective, 4 building permit applications for a new ADU was submitted, 2 of which are currently under review and the other 2 were withdrawn.

Existing Accessory Dwelling Units Existing RS-zoned properties with two residential units Approximately 740 properties (Los Angeles County Assessor data) It is likely that many of these properties are developed with legally non-conforming duplexes Unpermitted Accessory Dwelling Units No reliable database available to estimate the number of unpermitted accessory dwelling units 25 active Code Compliance cases involving illegal conversion of existing space into a dwelling unit (May 26) In addition, There are existing RS zoned properties that already consists of 2 residential units on site. According to the Los Angeles County Assessor data, there are approximately 740 RS zoned properties with 2 units. But it should be noted that not all of these 740 properties are developed with a legally non-conforming accessory dwelling unit. It is likely that many of these properties are developed with a legally non-conforming duplex since a number of the existing single-family zoned properties were down-zoned from a multi-family zoning district in the past. In addition, there may be other legally non-conforming accessory dwelling units or duplexes that are not captured in this estimate. Also, There are likely a number of additional properties that have an unpermitted accessory dwelling unit – but since these units are created without an approval from the City and are not reported to the Los Angeles County Assessor’s Office, there is no reliable database that can be utilized to estimate the total number of such units. According the City’s Code Compliance Division, there are 25 active code compliance cases involving unpermitted conversion of existing space into a dwelling unit as of April 30, 2017.

Map of where Interior ADUs are Currently Permitted # of properties RS zones ~20,331 RM zones Total

Map of where Exterior ADUs are Currently Permitted # of properties RS zones ~1,275 RM zones Total Approximately 6% of RS zoned properties

All Single-Family Zoned Properties (~20,331)

Single-Family Zoned Properties with 2 units (~20,0331) (~740)

Areas Where Parking can be Required (Exterior ADUs) Properties where parking can be required for a new Exterior ADUs (~236)

RS zoned Properties Larger than 10,000 sq. ft. (~6,858)

Map of where Exterior ADUs Could be Permitted - 7,200 sq. ft Map of where Exterior ADUs Could be Permitted - 7,200 sq. ft. and larger # of properties RS zones ~9,901 RM zones ~1,178 Total ~11,079 Approximately 49% of RS zoned properties

Map of Historic Districts Individually Designated Properties

Map of Open Space

Public Transit and Car Share Public Transit: Any public transit stop that is accessible from the public right-of-way Gold Line stations Bus stops Pasadena Transit (10, 20, 31, 32, 40, 51, 51s, 52, 6), Commuter Express (549), Foothill Transit Lines (690, 187), Metro Bus (177, 180, 181, 256, 260, 264, 266, 267, 268, 485, 487, 686, 687, 762, 762s, 780), Glendale Bee (3), Montebello Bus (20) Approximately 600 public transit stops in the City Car Share: Any commercial car share vehicle drop-off point (e.g. Zip Car, eRideShare) Approximately 25 drop-off points in the City

CEQA Exemption Under California Public Resources Code (CPRC) Section 21080.17, California Environmental Quality Act (CEQA) does not apply to the adoption of an ordinance by a city or county implement the provisions of Section 65852.2 of the Government Code, which is State accessory dwelling unit law. Therefore, the proposed Zoning Code text amendments to the City’s accessory dwelling unit regulations are statutorily exempt from the CEQA in that the proposed amendments consists of provisions that further implements the state accessory dwelling unit law.

Development Impact Fees New Residential Impact Fees Based on number of bedrooms Ranges from $17,984.98 to $33,290.96 Traffic Reduction and Transportation Improvement Fee $2,747.20 per unit S.M.I.P. Tax $0.00013 of project valuation Construction Tax 1.92% of valuation PUSD Construction Fee (School District fee) $2.24 per sq. ft.

Accessory Structures: Existing Development Standards Limitation on Location May not occupy a required front or corner side setback May not be located in a required side or rear setback; provided it is more than 100 feet from the front property line or in the rear 25 feet of the site. A lot abutting on the front 100 feet of a key lot shall maintain a minimum four-foot rear setback Length of structure walls  The maximum horizontal length of a structure that can be located less than five feet from Any portion of the structure that exceeds 22 feet in length and is less than five feet from the property line, shall be required to be set back a minimum of five feet from the property line

Accessory Structures: Existing Development Standards Height and Setback Requirements Height limits Cannot exceed nine feet in height if the structure is located two feet from a property line If located more than two feet from a property line: 9-foot top plate limit Must comply with Encroachment Plane requirements 15-foot overall height limit

Accessory Structures: Existing Development Standards Length of structure walls  Any portion of the structure that exceeds 22 feet in length and is less than five feet from the property line, shall be required to be set back a minimum of five feet from the property line

Definition of “Lot” (or parcel) “Lot” is defined in the Zoning Code as “a legally established lot of land under one ownership with frontage upon a street” Types of lots include the following: Corner Lot, Double Frontage Lot, Flag or Corridor Lot, Interior lot, Key Lot, Reversed Corner Lot, Substandard Lot  A legally non-conforming substandard lot (i.e. a lot that is smaller than the required minimum lot size for the applicable zoning district) is not an illegal lot

Council Requested Items As part of the motion adopted on January 30, 2017, the City Council directed staff to: Review the existing two-car covered parking requirement; Explore creation of a pre-approved set of accessory dwelling unit plans; and Provide guidelines on how to address unpermitted existing units As part of the motion adopted on January 30, 2017 related to the comprehensive review of the accessory dwelling unit regulations, the City Council directed staff to: 1) review the existing two-car covered parking requirement; 2) explore creation of a pre-approved set of accessory dwelling unit plans; and 3) provide guidelines on how to address unpermitted existing units.

Council Requested Items Two-Car Covered Parking Requirement The Zoning Code currently requires two-car covered parking spaces per unit for single-family residential developments Potential concern – unfair impact on properties of smaller size No significant impact on potential development of ADUs Sufficient flexibility provided by the State Law The City’s Zoning Code currently requires all new single-family developments to provide two-car covered parking spaces per unit and the existing single-family developments without two-car covered parking spaces are required to comply with this requirement if an addition of more than 150 square feet is proposed. At the January 30, 2017 meeting, there was a concern raised by a member of public regarding this requirement, stating that such a requirement has an unfair impact on properties of smaller size because it limits the development capacity of such properties and therefore is discriminatory.   Since the proposed amendments are associated with the City’s accessory dwelling unit regulations, staff reviewed the potential impact of the two-car covered parking requirement on development of accessory dwelling units. The review of the existing State mandate shows that there is sufficient flexibility needed to construct such units since at most only one uncovered parking space can be required of an accessory dwelling unit, which can also easily be exempted. In most parts of the City, no parking is required for new accessory dwelling units per the established exemption criteria. In addition, even though the City’s existing regulations require existing on-site parking spaces be replaced if they are eliminated to construct an accessory dwelling unit, the State requires local municipalities to allow the replacement parking spaces to be in any form. For these reasons, it is determined that the existing two-car covered parking requirement for single-family residential properties do not have a significant impact on potential development of accessory dwelling units.

Council Requested Items Pre-Approved ADU plans Planning & Community Development Department is currently in process of developing a list of potential consultants Procurement will be finalized after the proposed amendments are approved The Planning & Community Development Department is currently in the process of developing a list of potential consultants that could aid the City to design pre-approved accessory dwelling unit construction plans. It is anticipated that the procurement of needed consultant services for this work effort will be finalized after the proposed amendments to the accessory dwelling unit regulations are approved.

Council Requested Items Guidelines for Unpermitted Units Unpermitted ADUs may be made a legal unit by complying with the applicable regulations Compliance is checked through the plan check process Planning & Community Development Department will develop a comprehensive informational handout once the proposed amendments are approved Currently, an unpermitted accessory dwelling unit may be made a legal unit by complying with the applicable regulations. Persons who desire to legalize such units must submit all required plans for a plan check process, at which time all respective City departments will review the submitted plans for compliance with all applicable regulations (i.e. Building Code, Fire Code, and Zoning Code). Detailed information of the plan check process and various informational handouts can be obtained at the Permit Center or on the City’s website (www.cityofpasadena.net/PermitCenter/Permit_Information/).   In order to provide additional information to the public, it is the intent of the Planning & Community Development Department to develop a comprehensive informational handout related to development of accessory dwelling units, including the pre-approved accessory dwelling unit plans mentioned above and guidelines to legalize unpermitted units. It is anticipated that preparation of such document will be finalized after the proposed amendments to the accessory dwelling unit regulations are approved.

Tree Protection Ordinance (PMC 8.52)

Tree Protection Ordinance (PMC 8.52) Findings for Removal: There is a public benefit as defined in Section 8.52.024(R), or a public health, safety or welfare benefit, to the injury or removal that outweighs the protection of the specific tree; or The present condition of the tree is such that it is not reasonably likely to survive; or Tree is an objective feature of the tree that makes the tree not suitable for the protections of this chapter; or There would be a substantial hardship to a private property owner in the enjoyment and use of real property if the injury or removal is not permitted; or

Tree Protection Ordinance (PMC 8.52) Findings for Removal: To not permit injury to or removal of a tree would constitute a taking of the underlying real property; or The project, as defined in Section 17.12.020, includes a landscape design plan that emphasizes a tree canopy that is sustainable over the long term by adhering to the replacement matrix adopted by resolution of the city council and included in the associated administrative guidelines. Shall not apply to permits or approvals seeking removal of a landmark tree and landmark-eligible trees.