1. ACCESSORY DWELLING UNITS: CLEARING UP THE CONFUSION
Introduction: Mayor Greg Scharff
Sheri Furman - Chair Palo Alto Neighborhoods
Jonathan Lait , Assistant Director, Planning & Community Environment, City of Palo Alto

2. Meeting Purpose Not a discussion of the pros and cons of ADUs
New state regulations
Palo Alto’s additional regulations
What can be built for each type of ADU
Frequently asked questions and concerns
Provide resources for additional information
5/25/2017

3. BACKGROUND
In September 2016, Senate Bill 1069, Assembly Bill 2299 and Assembly Bill 2406
Intended to address the housing crisis
Palo Alto ordinance meets state requirements and goes further to promote ADUs
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4. What is an ADU?
Secondary dwelling unit with complete independent living facilities for one or more persons.
Attached
Detached
Junior
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5. Accessory Structure vs ADU
Accessory (non-dwelling) Structure
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6. What limits how much you can build?
Total Size of Structure(s) (aka FAR)
Footprint (aka Lot Coverage)
Setbacks
Height
Daylight Plane
Residential District
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7. Total Size / FAR
FAR = Floor Area Ratio Includes all floors of the house, plus covered parking and all accessory buildings greater than 120 square feet
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8. Footprint / Lot Coverage
Describes how much of the lot is covered by structures.
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9. Setbacks
Setbacks define the required yards surrounding the building area.
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10. Daylight Plane
A measurement that limits the impact of a building on neighboring properties.
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11. Daylight Plane (cont’d)
ENSURES THIS
INSTEAD OF THIS
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12. Residential Districts
Palo Alto has several residential zoning districts. R-1 Single-family R-2 Two-family RMD Two unit multiple-family RE Residential Estate – 1 acre minimum OS Open Space District – 10 acre minimum RM-15 Low density multiple-family RM-30 Medium density multiple-family RM-40 High density multiple-family S Single-story combining district
5/25/2017

13. New ADU Ordinance Approval & Design State Requirements
ADUs that conform to the zoning code must be permitted
Leaves development standards to local community, but the ministerial process precludes design review
New ADU Ordinance
Removes ADU architectural design and compatibility review
Requires street addresses for all accessory dwellings
Additional requirements for 2nd story ADUs to preserve the privacy of residents
Requires separate entryway
Staff to return to Council with potential Eichler design guidelines relating to ADUs
5/25/2017

14. New ADU Ordinance Occupancy State Requirements New ADU Ordinance
For a JADU, property owner must reside in the primary unit or JADU
Deed restriction - JADU cannot be sold separately
New ADU Ordinance
For any ADU, property owner must reside in the primary unit or ADU
Can rent ADU or principal residence, but not both unless to the same tenant (who cannot sublet either unit)
30-day minimum rental
Deed restriction to notify future owners of occupancy requirements, restrictions on short-term rentals and prohibition of separate sale of units
5/25/2017

15. New ADU Ordinance Lot Size / Coverage State Requirements
JADUs, and units constructed within existing buildings, must be allowed on any size lot [JADUs are optional. Cities can choose to allow them or not]
New ADU Ordinance
Permits ADUs in all residential districts, including all R-1, R-2, RE, RMD and OS. ADU conversions are permitted in all residential zones with an existing single family use
Minimum Lot Size of 5,000 sq ft (citywide) to be eligible for ADU and 10 acres in OS
Removes “35% greater” minimum lot size requirements (lot no longer has to be 135% of the minimum lot size for the district in order to add an ADU)
ADUs are subject to site lot coverage standards
5/25/2017

16. New ADU Ordinance FAR State Requirements New ADU Ordinance
Local government may establish rules
New ADU Ordinance
Must comply with the underlying zoning districts requirement for FAR
Allows those with properties at or near the allowable FAR to create an ADU
Adds 175 sq ft to maximum FAR for properties adding an attached or detached ADU
Adds 50 sq ft to maximum FAR if adding JADU
5/25/2017

17. New ADU Ordinance Setbacks State Requirements New ADU Ordinance
No setbacks required for existing garage converted to an ADU, but only if garage is not needed as required parking for principal dwelling
New ADU Ordinance
No more than 6-ft side and rear setbacks for ADUs
In RE and OS districts, a 2nd story ADU above a garage can be located 5 feet from the side or rear property lines
Eliminates the 12 feet separation between an existing single family home and a detached ADU
5/25/2017

18. New ADU Ordinance Rules
ADU Size
State Requirements
Limits JADUs to 500 sf
Limits attached ADUs to 450 sf or 50% of existing floor area, whichever is less
Limits detached ADUs to 1200 sf
New ADU Ordinance
Limits attached ADUs to 600 sf or 50% of existing floor area, whichever is less
Limits detached ADUs to 900 sf
5/25/2017

19. New ADU Ordinance Rules
ADU Height
State Requirements
Local government may establish rules
New ADU Ordinance
Maximum height limited to one story and 17 ft, including SSO neighborhoods and flood zones
In RE zones, attached ADUs may be 2-stories and 30-ft outside of setbacks
In OS zones, attached ADUs may be 2-stories and 25-ft outside of setbacks
Staff to consider design guidelines specific to Eichler neighborhoods as part of the Eichler Design Guidelines process
5/25/2017

20. New ADU Ordinance Rules
Parking
State Requirements
Not to exceed 1 per unit or per bedroom
No parking required under certain conditions
New ADU Ordinance
No parking required for an ADU or JADU
No covered parking replacement for the main dwelling required if the parking space is converted to an ADU or JADU
Previously approved ADUs not required to retain parking spaces that were previously required
Required parking for the main dwelling unit that is converted to an ADU (such as a garage conversion) must be replaced. The replacement parking space may be covered/uncovered; uncovered space permitted within the front setback on an existing driveway
5/25/2017

21. Requirements for All ADUs
City must approve within 120 days an application to create an ADU in a single family residential zone
Must have an existing home (or be building one) on the lot
Only one ADU or JADU is allowed per lot
ADU must have independent exterior access
ADU must have its own street address
No parking is required
Either the single-family residence or the ADU/JADU must be occupied by the owner of the residence, BUT both the primary residence and the ADU/JADU may be rented to a single tenant
ADU may be rented, but not for less than 30 days
Deed restrictions apply
No separate utility connections or fire sprinklers are required
5/25/2017

22. Junior ADU (JADU) 500 square foot max
Located within the existing walls of a primary dwelling
Must include conversion of an existing bedroom
Cannot be created by converting only non-bedroom spaces within the home or adding onto the structure
Separate entrance
Must include an efficiency kitchen
May share a bath or have its own
Can be in a basement IF at least part of the basement has already been converted to a bedroom
No parking requirements.
5/25/2017

23. Attached ADU
Attached to an existing dwelling or located within the living area of the existing dwelling
Consists of group of rooms for living, sleeping and eating, with full kitchen & bathroom
600 square foot maximum or 50% of the existing living area, whichever is less
Maximum height = one story and 17 feet except in RE and OS districts
Must have a separate, external entrance
A basement may be used as an ADU
No setback required for existing garage or accessory structure that is converted to an ADU
City cannot require new or separate utility connections
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24. Attached ADU Examples
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25. Detached ADU Separate building on the same lot as existing dwelling
Group of rooms for living, sleeping & eating
900 square foot maximum
Full kitchen and a full bathroom
Maximum height = one story and 17 feet
Can be a converted accessory structure (only in R-1/RE and structure existed prior to January 1, 2017)
Six foot minimum rear and side setbacks
No setback can be required from an existing garage converted to an ADU, except as required for fire safety
No portion of the building may encroach into a daylight plane
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26. Detached ADU Examples Converted Garage Converted Garage & Interior
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27. Detached ADU Examples
Converted Sheds
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28. Detached ADU Examples
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29. Process for Creating an ADU
Figure Out What You Need
Type of ADU
Size, lot coverage, FAR, setbacks
Consider Costs
Construction
Permits & fees
Utilities
Review the Residential Construction Guide
Requirements, restrictions (flood zone, historic district)
Draw Up Plans
Hire a design professional and/or contractor
Apply for a Building Permit
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30. Questions & Eichler Concerns
Still confused? Have a question we haven’t answered? Have a unique situation? Issues unique to Eichler homes?
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31. For More Information
Palo Alto Neighborhoods Accessory Dwelling Units (ADU) Regulations Update accessory_dwelling_units_regulations_update.asp
5/25/2017