Updated accessory dwelling unit (ADU) guidelines could affect construction after the Planning Commission approved an ordinance that will amend the current guidelines in a meeting on Aug. 22. The new regulations would allow more generous square footage for multifamily units and an extra unit on the properties of some single-family homes. Residents attended the meeting to object to the eligibility for an additional unit during public comment, but ultimately, it passed in a unanimous vote of approval from the commission.
During the meeting, Associate Planner Patrick Achis described the changes that will be made to the regulations. This discussion was a continuation of the study session on Aug. 8, where the commission fine-tuned a list of recommendations that was gathered from two ADU workshops in July. During the workshops, city planners took recommendations from the public, including local architects and contractors, to determine what changes the community was looking for. At the meeting on Aug. 22, Achis presented the final proposed amendments to the city’s ADU guidelines.
The changes are split into two categories: multifamily residences and single-family residences. For multifamily units, the new regulations will increase flexibility for construction and remove barriers to building ADUs above existing garages. To do this, the maximum allowed square footage for multifamily units would increase to 1,200 square feet, regardless of bedroom count. Under the current guidelines, the maximum square footage differs depending on the number of bedrooms in a unit, capping even two-bedroom units off at 1,000 square feet. The new regulations will also eliminate the requirement for side and rear setbacks along alleyways, keeping a side and rear setback of 4 feet along streets and between properties.
For single-family units, the new guidelines will allow an additional ADU on larger lots as an incentive for new construction to provide more housing. This applies to lots with a minimum of 13,000 square feet and will require the unit to be a deed-restricted rental.
Additionally, a new discretionary review process will be implemented for multifamily ADUs through the R-4 permit. This process will allow requests for deviations in setbacks, height and unit size, and will be under the review of the director of community development. Depending on the complexity of the case, requests may also be referred to the Planning Commission. Through this process, contractors cannot request rooftop decks, height beyond the limit for the primary unit, or deviation from building or life safety codes. Single-family ADUs will still utilize the Minor Accommodation permit that is already in place.
During public comment, Emily Hodgdon, an architect from Inchoate Architecture who offered feedback at the virtual ADU workshop on July 31, inquired about ongoing construction and how the adoption of new guidelines would affect it. “Until the ordinance is effective, you would have to comply with the current code provisions,” said Achis. “Designers should proceed accordingly.” Vice Chair Jeff Wolfe seconded Hodgdon’s concerns during the commission’s discussion. “We wouldn’t be able to issue a permit for a project that doesn’t comply with whatever rules are in place, so it is possible that the plan check could be set up in anticipation of the ordinance, and then once it is effective, they pull the permit,” said Achis. “However, it should be noted that there could be changes to the ordinance that could affect the design, so the designers should proceed with caution if they’re banking on an ordinance that’s not adopted.”
Also during public comment, residents of the Trousdale Estates contested these changes in their neighborhood and asked that an amendment to the guidelines be made to prohibit building ADUs on the slopes of the lots in the Trousdale Estates. As resident Karen Platt explained, she has spent half of her life fighting to preserve the “million-dollar view” from the estates. She argued that the additional ADU for lots of over 13,000 square feet should not apply to this neighborhood, or that they should not be allowed to obstruct another residence’s view. Currently, the guidelines restrict an ADU from impacting another residence’s light, air, or access, but have no restrictions on blocking views. However, as Assistant Director of Planning, Masa Alkire, explained, the city’s Housing Element does not allow for construction from other than level pads. This also applies to ADUs, meaning that they cannot be built on certain parts of the slopes.
After a review of the draft ordinance and a lengthy discussion, the commissioners voted unanimously in approval of the amendments to the ADU guidelines. The proposed changes will be presented at future City Council meetings for a first and second reading, after which, upon City Council’s approval, the changes will be adopted. Achis predicts that the ordinance will go into effect at the beginning of the year in 2025.
