Agenda packet — East Palo Alto City Council, December 5, 2023 (part 2 of 2)

is “legally created”, Government Code section 65852.2, subdivision (d)(2), states that “The local agency shall not deny an application for a permit to create an accessory dwelling unit due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the accessory dwelling unit.” Therefore, the City must amend the Ordinance to comply with State ADU Law.
• Section 18.96.030 (C) – Unit Size – The Ordinance states that: “The maximum size of any Accessory Dwelling Unit living area, inclusive of a habitable basement and an attic, shall not exceed 1,000 square feet.” However, the Ordinance does not set a unit size requirement for detached ADUs. Government Code section 65852.2, subdivisions (c)(1) and (c)(2), establishes the maximum unit size requirements for both attached and detached ADUs. The City must amend and add detached ADUs to the unit size provision of the Ordinance. • Section 18.96.030 (E) – Open Space – The Ordinance states: “A minimum of fifty percent (50%) of the remaining rear yard or 750 square feet of open space, whichever is less restrictive, shall be provided and maintained as usable rear yard open space with no permanent hardscape for life of the project on the lot.” However, requiring a certain amount of open space may restrict ADU size. Government Code section 65852.2, subdivision (c)(2)(C), prohibits local agencies from establishing “Any other minimum or maximum size for an accessory dwelling unit, size based upon a percentage of the proposed or existing primary dwelling, or limits on lot coverage, floor area ratio, open space, and minimum lot size, for either attached or detached dwellings that does not permit at least an 800 square foot accessory dwelling unit that is at least 16 feet in height with four-foot side and rear yard setbacks to be constructed in compliance with all other local development standards.” Therefore, the City must remove this requirement or positively state that no open space requirement will preclude the development of an 800 square foot ADU.
• Section 18.96.030 (L) – Front Setback Requirements - The Ordinance states that “Accessory Dwelling Units shall be subject to the front yard setback requirements compliant with development standards of the underlying zoning district.” However, Government Code section 65852.2, subdivision (c)(2)(C), states that a local agency may not impose any limits on front setbacks for either attached or detached dwellings that does not permit at least an 800 square foot accessory dwelling unit with four-foot side and rear yard setbacks to be constructed in compliance with all other local development standards. The City must amend the Ordinance to comply with State ADU Law.
• Section 18.96.030(M); Section 18.96.040(C); and Section 18.96.050 (B)(2)(b) - ADU Height Limitations - The Ordinance provides for the maximum height allowances for ADUs. However, Government Code 65852.2 (c)(2)(D), amended by SB897 and effective January 1, 2023, provides the maximum height limitation of 171
Elena Lee, Department of Planning Manager

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up to 16, 18, 20 or 25 feet as provided in the subdivision. Therefore, the City must update the maximum height limitations to comply with State ADU Law. • Section 18.96.030 (N)(1) – Architectural Compatibilities – The Ordinance states that architectural review of ADUs will be limited to “The architectural features, window styles, roof slopes, exterior materials, colors, appearance, and design of the accessory unit shall be compatible with the existing single-family residence.” However, while Government Code section 65852.2, subdivision (a)(1)(B)(i), authorizes a local agency to impose objective standards on accessory dwelling units, Government Code section 65852.2, subdivision (j)(1), further defines objective standards to mean “standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal.” Also, Government Code section 65852.2, subdivision (a)(6), requires that jurisdictions “provide an approval process that includes only ministerial provisions for the approval of accessory dwelling units and shall not include any discretionary processes, provisions, or requirements for those units….” Therefore, the City must amend the Ordinance to provide objective standards and ensure that a ministerial approval process is followed.
• Section 18.96.050 (B)(2)(a) – Unit Combination – The Ordinance allows combination of a JADU and an ADU if “the Accessory Dwelling Unit is fully detached and is located a minimum of six (6) feet from the primary dwelling….” However, Government Code section 65852.2, subdivision (e)(1)(A), permits “One accessory dwelling unit and one junior accessory dwelling unit per lot with a proposed or existing single-family dwelling” and subdivision (e)(1)(A)(i) if either the ADU or JADU “is within the proposed space of a single-family dwelling or existing space of a single-family dwelling or accessory structure...” Therefore, the ADU and JADU combination may both be within the proposed or existing single-family dwelling. Additionally, Government Code section 65852.2, subdivision (e)(1), states that a local agency shall ministerially approve an application to create any of the following ADUs listed from subdivision (e)(1)(A) through (D). The City must amend its Ordinance to also allow for a combination of subdivision (e)(1)(A) (for ADUs created within an existing space) and (e)(1)(B) (for an 800 square foot detached ADU). This would allow for the possibility of up to two ADUs (one converted and one detached) and one JADU in a single-family residence.

Furthermore, the building separation requirement of six (6) feet cannot preclude the ministerial approval of an 800 square foot detached ADU created pursuant to subdivision (e)(1)(B). Therefore, the City must amend the Ordinance to comply with State ADU Law.
• Section 18.96.050 (B)(2)(b) – Minimum ADU Size – The Ordinance states that a JADU may be allowed on the same lot with an ADU, provided that: “The Accessory Dwelling Unit shall not exceed a total floor area of more than 800 square feet and 172
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a maximum height of 16 feet in addition to the required elevation for floodproofing pursuant to Section 15. 52. 070(A) of the Municipal Code.” However, Government Code section 65852.2, subdivision (c)(2)(B), states that local agencies shall not establish a maximum square footage requirement for ADUs that is less than either 850 square feet, or 1,000 square feet for an ADU that provides more than one bedroom. Therefore, the City must modify its language to allow for ADU developments greater than 800 sq ft.
• Section 18.96.070 – Illegal Accessory Units – The Ordinance states that “The establishment or continuance of an accessory unit without a permit as required under this chapter is declared to be unlawful and shall constitute a misdemeanor violation of this chapter and a public nuisance. Any violation of this chapter shall be subject to the enforcement provisions and penalties as prescribed in Chapter

18.118. The enforcement of the code violation abatement shall be consistent with Government Code Section 17980.12.” Please note that Government Code section 65852.23, which became effective January 1, 2023, requires that a local agency shall not deny a permit for an unpermitted ADUs that was constructed before January 1, 2018. The City must amend the Ordinance to comply with recent changes in State ADU Law.

In response to the findings in this letter, and pursuant to Government Code section 65852.2, subdivision (h)(2)(B), the City must either amend the Ordinance to comply with State ADU Law or adopt the Ordinance without changes. Should the City choose to adopt the Ordinance without the changes specified by HCD, the City must include findings in its resolution that explain the reasons the City finds that the Ordinance complies with State ADU Law despite the findings made by HCD. Accordingly, the City’s response should provide a plan and timeline to bring the Ordinance into compliance.

Please note that, pursuant to Government Code section 65852.2, subdivision (h)(3)(A), if the City fails to take either course of action and bring the Ordinance into compliance with State ADU Law, HCD may notify the City and the California Office of the Attorney General that the City is in violation of State ADU Law.

HCD appreciates the City’s efforts provided in the preparation and adoption of the Ordinance and welcomes the opportunity to assist the City in fully complying with State ADU Law. Please feel free to contact Nicholas Green, of our staff, at (916) 841-6665 or at [email protected].

Sincerely,
Shannan West
Housing Accountability Unit Chief
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RESOLUTION NO.

A RESOLUTION OF THE PLANNING COMMISSION

OF THE CITY OF EAST PALO ALTO
RECOMMENDATION TO THE CITY COUNCIL TO ADOPT ZONING TEXT AMENDMENT (ZTA23-001) AMENDING VARIOUS CHAPTERS AND SECTIONS OF TITLE 18 (DEVELOPMENT CODE) OF THE EAST PALO ALTO MUNICIPAL CODE (EPAMC) WHEREAS, to encourage the construction of additional dwelling units and to provide more housing for California residents, the State of California enacted California Government Code Sections 65852.2 and 65852.22 (“ADU Statutes”) which require and authorize the City of East Palo Alto (“City”) to permit accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in compliance with state law provisions; and
WHEREAS, the State of California has subsequently amended the ADU Statutes to implement various changes; and WHEREAS, the City proposes to amend its ordinance to come into conformance with those changes made to the ADU Statutes; and
WHEREAS, the City Council held a duly noticed public hearing on December 6, 2022 to discuss ways of incentivizing the construction of ADUs and directed staff to develop a work program to amend the Development Code in order to bring it into conformance with state legislation and to pursue other clean up amendments aimed at facilitating the development of ADUs; and WHEREAS, the Planning Commission held a duly noticed public hearing on November 13, 2023 to consider the Zoning Text Amendment (ZTA23-001); and
WHEREAS, the Planning Commission finds the proposed ordinance amendment would repeal and replace Chapter 18.96 of Title 18 of the East Palo Alto Municipal Code regulating accessory dwelling units to be consistent with the Government Code 65852.2 and 65852.22 and add provisions to allow second driveways to corner lots for ADUs in single family residential zones and reduced useable open space requirement from 750 square feet to 500 square feet; and WHEREAS, the Planning Commission finds the proposed ordinance amendment would modify Title 18 of the East Palo Alto Municipal Code to amend Section 18.08.010 Definitions to update the definition of Accessory Dwelling Unit and add definitions for Major Transit Stop and High Quality Transit Corridor, amend Section 18.30.080 to allow second driveways to corner lots for single family homes, amend Section 18.10.030 Table 2-2 to reduce useable open space requirement from 750 square feet to 500 square feet, add Section 18.80.025 Streamlined Ministerial Review Actions, amend Section 18.82.020 Authority for Land Use and Zoning Decisions to add Preliminary Ministerial Review (PMR) Clearance to Table 7-1 Review Authority, add Chapter

18.85 Preliminary Ministerial Review, amend Chapter 18.90 Variances and Minor Variances to add fences up to eight feet to Table 7-3 Types of Minor Variances allowed; and
WHEREAS, the Planning Commission recognizes that more time is needed to study the modalities and implications of 1) reducing the required setbacks for detached accessory dwelling units (ADUs), possibly to 0-feet, and 2) separate sale /conveyance of primary dwelling units and ADUs through condominium subdivisions pursuant to the recently approved Assembly Bill (AB) 1033; and
WHEREAS, the Planning Commission determines that the proposal is consistent with General Plan because it supports Land Use Element Policy 3.1 & 5.6, which encourages second dwelling units in residential areas within the City; and WHEREAS, the proposed ordinance is statutorily exempt from the requirements of the California Environmental Quality Act (“CEQA”) pursuant to Section 21080.17 of the Public Resources Code, which provides that CEQA does not apply to adoption of an ordinance to implement the provisions of Sections 65852.2 and 65852.22 of the Government Code. The proposed ordinance is additionally categorically exempt under the common-sense exemption of CEQA Guidelines section 15061(b)(3) which provides that CEQA does not apply where it can be seen with certainty that the project will not cause any impacts to the environment because regardless of whether the City adopts the proposed ordinance, accessory dwelling units and junior accessory dwelling units must be allowed in accordance with standards set forth in ADU Statutes and other provisions of the proposed ordinance address processing of permit applications and approval authority for activities already allowed in the City’s Development Code.

NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION OF THE CITY OF EAST PALO ALTO HEREBY adopts a resolution recommending that the East Palo Alto City Council approve Zoning Text Amendment, ZTA23-001, as set forth in Exhibit A and incorporated by this reference, that:
1) Amends Title 18 of the East Palo Alto Municipal Code by repealing and replacing Chapter 18.96 regulating accessory dwelling units in conformance with Government Code 65852.2 and 65852.22 and add provisions for second driveways to corner lots for ADUs in single family residential zones and reduced useable open space requirement from 750 square feet to 500 square feet; and
2) Amends Title 18 of the East Palo Alto Municipal Code to amend Section 18.08.010 Definitions to update the definition of Accessory Dwelling Unit and add definitions for Major Transit Stop and High Quality Transit Corridor, amend Section

18.30.080 to allow second driveways to corner lots with single-family homes, amend Section 18.10.030 Table 2-2 to reduce useable open space requirement from 750 square feet to 500 square feet in the R-LD zoning district, add Section

18.80.025 Streamlined Ministerial Review Actions, amend Section 18.82.020 Authority for Land Use and Zoning Decisions to add Preliminary Ministerial Review (PMR) Clearance to Table 7-1 Review Authority, add Chapter 18.85 Preliminary Ministerial Review, amend Chapter 18.90 Variances and Minor Variances to add fences up to eight feet to Table 7-3 Types of Minor Variances allowed; and
3) Finds that the proposed Zoning Text Amendments to be exempt in accordance with Public Resources Code (PRC) Section 21080.17 and CEQA Guidelines Sections 15061(b)(3) and 15282(h)of the California Environmental Quality Act (CEQA) Guidelines;
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4) Additionally, the Planning Commission recommends that the City Council direct staff to study potentially1) reducing the required setbacks for detached accessory dwelling units (ADUs), possibly to 0-feet, and 2) separate sale /conveyance of primary dwelling units and ADUs through condominium subdivisions pursuant to the recently approved Assembly Bill (AB) 1033 and revert to the Planning Commission for further discussion and recommendation for City Council action by the end of 2024.

PASSED AND ADOPTED this 13th day of November 2023, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

SIGNED:

Michael Mashack
Chair
ATTEST: APPROVED AS TO FORM:

Matthew Ball
Interim Planning Secretary
John D. Lê
City Attorney
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Exhibit A – Draft Ordinance
Chapter 18.96 - Accessory Dwelling Unit

18.96.010 - Definitions
Accessory Dwelling Unit (ADU). ADU means an attached or detached residential dwelling unit providing complete independent living facilities for one or more persons containing permanent provisions for living, sleeping, eating, cooking, and sanitation facilities which are defined as a full bathroom (tub/shower, sink, and a toilet). An ADU also includes an efficiency unit, as defined in Health and Safety Code Section 17958.1 and a manufactured home, as defined in Health and Safety Code Section 18007.

Junior Accessory Dwelling Unit (JADU). A residential dwelling unit that is no more than 500 square feet in size, includes an efficiency kitchen including a cooking facility with appliances, food preparation counter and storage cabinets of reasonable size in relation to the size of the JADU and consistent with building code standards, is contained entirely within a single-family residence., including an attached garage, and may include separate sanitation facilities or may share sanitation facilities with the existing structure.

Public Transit. Public transit means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.

18.96.020 - Purpose and Intent
The purpose and intent of this chapter is:

A. To increase the supply of affordable housing by allowing accessory dwelling units (ADUs, also known as second units) in conformance with Government Code Section 65852.150 et seq. and consistent with the City’s General Plan, and to ensure sound standards of public health and safety;
B. To establish standards for the development and occupancy of accessory dwelling units in accordance with the provisions of California Government Code Sections 65852.2 and 65852.22, and ensure they are compatible with neighboring uses and structures, adequately equipped with public utility services, do not result in negative traffic or public safety impacts, and are safe for human occupancy; and C. To restrict accessory dwelling units which create unreasonable traffic, safety, privacy or other adverse impacts, and to prevent adverse impacts on any real property listed in the California Register of Historic Places.

18.96.030 – General Provisions
Except as otherwise provided in this chapter, an Accessory Dwelling Unit (ADU) or a Junior Accessory Dwelling Unit (JADU) that meets all of the following specified development standards shall be approved by the City:

A. Zoning. ADUs are allowed on parcels zoned to allow single-family dwellings or multiple-family dwellings, including mixed-use zones. JADUs are allowed on parcels zoned to allow single-family dwellings and are not permitted on a property with a multiple-family dwelling.

B. Density. An ADU or JADU unit conforming to the requirements of this chapter shall not be included in the calculation of residential density for the purpose of determining general plan and zoning conformance and is deemed to be a residential use consistent with the existing General Plan and zoning designations for the parcel.

C. Single-Family Dwellings. Any of the following may be permitted on a parcel with an existing or proposed single-family dwelling:

1. One JADU that meets the standards in Section 18.96.060 below. JADUs are only permitted on a parcel with no more than one existing or proposed single-family dwelling.

2. One new construction, attached or detached ADU that meets the standards in Section 18.96.050 below.

3. One accessory dwelling unit created from converted existing space within the walls of a proposed or existing single-family detached dwelling or within an existing accessory structure, including a detached garage, that meets the standards in Section 18.96.050. An existing single-family residence may be converted to an ADU in conjunction with the development of a new primary dwelling unit on the site and in conformity with the development standards in Section 18.96.050.

D. Multiple-family Dwellings. Multiple-family dwelling units as specified in Subsection 18.96.030.E below. For purposes of this Chapter 18.96 only, multiple-family dwelling units includes two family dwellings.

E. Statewide Exemption ADUs. Any of the following will be ministerially permitted on a parcel and are not required to meet the additional development and design standards in the underlying zoning district or in Section 18.96.050, unless specified:

1. One ADU and one JADU per parcel with a proposed or existing single-family dwelling if all of the following apply:
a. The ADU or JADU is within the proposed space of a single-family dwelling or existing space of a single-family dwelling or accessory structure and may include an expansion of not more than 150 square feet beyond the same physical dimensions as the existing structure. An expansion beyond the physical dimensions of the existing structure shall be limited to accommodating ingress and egress.
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b. The space has exterior access from the proposed or existing single-family dwelling. c. The side and rear setbacks are sufficient for fire and safety. d. The JADU complies with the requirements of Section 18.96.060 below.

2. One detached, new construction ADU that does not exceed four-foot side and rear yard setbacks for a lot with a proposed or existing single-family dwelling, does not exceed 800 square feet in floor area, and does not exceed the allowed height in Subsection 18.96.050.C, below. The ADU may be combined with a JADU that meets the standards as described in Section 18.96.060.

3. Multiple ADUs within the portions of a multiple-family building that are not used as livable space, including but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings. The number of ADUs permitted is equivalent to up to 25 percent of the number of existing, legally permitted units in the multiple-family dwelling, or one, whichever is greater.

4. Not more than two detached ADUs that are located on a lot that has an existing or proposed multiple-family dwelling. The ADUs must not exceed the allowed height in Subsection 18.96.050.C and must have a minimum rear and side setbacks of four feet. If the existing multifamily dwelling has a rear or side setback of less than four feet, the existing multifamily dwelling will not be required to be modified to meet this setback.

F. Sale and Rental of JADUs and ADUs.

1. Neither JADUs nor ADUs may be sold separately from the primary dwelling unit. However, an ADU may be owned by multiple owners as tenants in common if the single-family dwelling or ADU was developed by a qualified nonprofit, as that term is defined in and pursuant to Government Code Section 65852.26, the transaction meets the requirements of Government Code Section 65852.26, and an enforceable restriction on the use of the land that satisfies the requirements of Government Code Section 65852.26 is recorded against the property.

The qualified buyer, as that term is defined in Government Code Section 65852.26, must occupy the accessory dwelling unit or primary dwelling unit as their principal residence.

2. JADUs and ADUs may be rented independently of the primary dwelling unit. However, neither the JADU nor the ADU may be used for short-term residential rentals of less than 30 consecutive days.

3. Owner occupancy is required in the single-family residence in which a JADU is permitted. The owner may reside in either the remaining portion of the structure or the newly created JADU. Owner-occupancy is not required if the owner is another governmental agency, land trust, or housing organization.

G. Building Code Requirements. JADUs and ADUs shall comply with all applicable building, health and safety, and fire code requirements.

Notwithstanding this requirement:

1. No passageway (pathway unobstructed to the sky extending from a street to an entrance of the unit) shall be required in conjunction with the construction of an ADU.

2. Fire sprinklers are not required in an ADU if they are not required for the primary dwelling unit. Fire sprinklers will not be required for an existing primary dwelling unit as a condition of the construction of an ADU; and

3. The new construction of an ADU shall not constitute a Group R occupancy change under the local building code, as described in Section 310 of the California Building Code (Title 24 of the California Code of Regulations), unless the building official or enforcement agency makes a written finding based on substantial evidence in the record that the construction of the ADU could have a specific, adverse impact on public health and safety or the ADU is converted from unhabitable or nonresidential space.

18.96.040 - Provisions Applicable to Junior Accessory Dwelling Units (JADUs) In addition to other provisions of this chapter, the following provisions apply to JADUs:

A. Covenant. Prior to issuance of a building permit for a JADU, the owner of the parcel shall record a covenant in a form prescribed by the city attorney, which shall run with the land and provide for the following:

1. A prohibition on the sale of the JADU separate from the sale of the single-family residence;

2. A restriction on the size and attributes of the JADU consistent with this section;

3. A restriction on renting the JADU for fewer than 30 consecutive calendar days; and

4. A requirement that either the single-family dwelling or the JADU be the owner’s bona fide principal residence, unless the owner is a governmental agency, land trust, or housing organization.

5. A copy of the recorded covenant shall be filed with the Community and Economic Development Department prior to issuance of a building permit.

18.96.050 – Development Standards – Accessory Dwelling Units (ADUs) A. The ADU shall comply with the requirements of the underlying zoning district unless:

1. The requirements are inconsistent with the provisions of this chapter, in which case the standards of this section shall apply;

2. The application is to legalize an unpermitted ADU that was constructed prior to January 1, 2018, even if the ADU is nonconforming with local zoning, Government Code Section 65852.2, and/or California and local building code requirements. However, the City may deny the application for an unpermitted accessory dwelling if the City makes a finding that correcting the violation is necessary to protect the health and safety of the public or occupants of the structure. The section shall not apply to a building that is deemed substandard pursuant to Health and Safety Code Section 17920.3; or
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3. Limits on size based on a percentage of the proposed or existing primary dwelling, lot coverage, floor area ratio, front set back, open space, and size shall permit, or shall be waived in order to allow, a detached or attached ADU up to 800 square feet in size with four-foot side and rear yards, if the proposed ADU is in compliance with all other development standards.

B. Unit size.

1. Maximum Size. The floor area of a new construction attached or detached ADU, inclusive of a habitable basement and an attic, may not exceed the lesser of 50 percent of the floor area of the primary dwelling or 1,000 square feet. The limitation based on size of the primary dwelling shall not apply if the ADU is 800 square feet or less.

2. Minimum Size. No ADU may be smaller than an efficiency unit pursuant to Health and Safety Code Section 17958.1.

C. Height.

1. ADUs may not exceed the heights in this section unless additional elevation is required for floodproofing pursuant to Section 15.52.070.A of the Municipal Code.

2. Attached ADU. The height of an attached ADU may not exceed 25 feet or the height limitation that applies to the single-family or multiplefamily dwelling, whichever is lower. However, the ADU may not exceed two stories.

3. Detached ADU. The height of a detached ADU may not exceed:
a. 17 feet on a parcel with an existing or proposed single-family dwelling or multiple-family dwelling; b. 18 feet on a parcel with an existing or proposed single-family dwelling or multiple-family dwelling if the parcel is within one-half of one mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in Public Resources Code Section 21155. An additional two feet in height may be permitted to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the single-family or multiple-family dwelling; D. Open Space. A minimum of fifty percent (50%) of the remaining rear yard or 500 square feet of open space, whichever is less restrictive, shall be provided and maintained as usable rear yard open space with no permanent hardscape for the life of the project on the lot provided at least an 800-square foot ADU is allowed.

E. Site Coverage and Floor Area Ratio. Construction of any ADU shall be subject to the site coverage and floor area ratio requirements of the underlying zoning district provided at least an 800-square foot ADU is allowed.

F. Parking.

1. Requirements: At least one (1) uncovered off-street parking space shall be required for the ADU in addition to the off-street parking spaces required for the primary dwelling. The parking space may be provided in an existing driveway or by tandem parking in compliance with Section 18.30.050, unless a specific finding is made that such parking is not feasible due to specific site, topographical or fire and life safety conditions. Covered parking is not required.

2. Exceptions to the Parking Requirements: No parking requirement shall be imposed for the construction of an ADU if:
a. The ADU is located within one-half mile walking distance of, and has a path of travel that is always publicly accessible to, public transit.
b. The ADU is located within an architecturally and historically significant historic district. c. The ADU is part of the existing primary residence or an existing accessory structure. d. When on-street parking permits are required but not offered to the occupant of the ADU. e. Where there is a car share vehicle located within one block of the ADU.

3. Corner lots. Only one driveway shall be provided for each single-family zoned parcel, except for corner lots where a second driveway may be allowed as long as it is proposed at least 25 feet away from the point of intersection of the two property lines fronting the parcel and from any other driveway. Second driveways shall incorporate permeable pavers that minimize runoff.

G. Replacement Parking: Replacement parking shall not be required when a garage or covered parking structure is demolished in conjunction with the construction of an ADU, or conversion of that parking structure into an ADU.

H. Common Entrance. If the ADU is attached to the primary dwelling, both the ADU and the primary dwelling unit must be served by a common entrance or a separate entrance to the ADU must be located on the side or at the rear of the primary dwelling, whenever feasible.

I. Setbacks.

1. Converted Structures. No setback is required for an existing living area or an existing accessory structure converted to an ADU, or for a new ADU constructed in the same location and built to the same dimensions as an existing structure.

2. New Construction. Provided an 800-square foot ADU is not prohibited, a minimum of four (4)-foot side and rear setbacks must be maintained for construction of any ADUs. ADUs shall be subject to the front yard setback requirements compliant with development standards of the underlying zoning district.

3. When a property has recorded easement(s) or setback(s), the creation of the ADU shall conform to the recorded restrictions.

4. A detached ADU shall be located a minimum of six (6) feet from the primary dwelling unit, provided an 800-square foot ADU is not prohibited.

J. Architectural Compatibilities. New construction attached or detached ADUs shall meet the following design standards unless the requirement would prevent the creation of the ADU. Architectural review of an ADU will be limited to the following standards:

1. The ADU shall utilize the same architectural style, exterior materials, and colors as the existing or proposed primary dwelling unit, and the quality of the materials shall be the same or exceed that of the primary dwelling unit. 178

2. The ADU shall match the roof pitch and roof form of the primary dwelling unit in order to blend with the architecture of the primary dwelling.

K. Window Placement.

1. Regulations and standards pertaining to the placement and sizing of windows for ADUs and JADUs that are converted from existing spaces within an existing or proposed primary dwelling shall be the same as for the primary dwelling unit.

2. Regulations and standards pertaining to the placement and sizing of windows for attached ADUs that maintain the minimum required setbacks for the applicable zone shall be the same as for the primary dwelling unit.

3. Windows for all detached ADUs and attached ADUs that encroach into the minimum required setbacks for the primary structure in the applicable zone shall comply with the following requirements:
a. Windows shall face towards the interior of the site. b. Windows shall not face towards the rear and closest side property lines, unless the following standards are met:

1. For first story windows, the head of the window frame shall not be higher than 80 inches above finished floor, as long as the finished floor is not higher than 18 inches above grade.

2. Second story windows may be clerestory windows with the sill of the window frame not lower than six feet or 72 inches above finished floor.

3. Second story windows which are not clerestory windows must utilize opaque glazing up to a height of six feed or 72 inches above finished floor.

L. Skylights. Skylights, whether operable or not, may be used to supplement interior lighting for all types of ADUs and JADUs.

M. Decks and balconies. Second story doors, balconies, and decks shall not face adjacent property lines. Second story decks and balconies shall utilize screening barriers to prevent views towards an adjacent interior property line. These barriers shall be a minimum of six feet or 72 inches in height, from the floor level of the deck or balcony and shall not include perforations of any kind that would allow visibility onto adjacent properties.

N. Historic Sites and Properties. An ADU located within a historic site shall be consistent with the Secretary of the Interior’s Standards for the Treatment of Historic Properties.

18.96.060 – Development Standards for Junior Accessory Dwelling Units (JADUs) A. The JADU shall comply with the requirements of this Section 18.96.060.

B. Size and Kitchen. A JADU may not exceed 500 square feet in size and shall contain at least an efficiency kitchen which includes cooking appliances, a food preparation counter, and storage cabinets that are of reasonable size in relation to the JADU.

C. Entrance. A JADU shall have a separate entrance from the single-family dwelling.

D. Sanitation Facilities. The JADU may, but is not required to, include separate sanitation facilities. If separate sanitation facilities are not provided, the JADU shall share sanitation facilities with the single-family dwelling. If the sanitation facilities are provided as part of the single-family dwelling, the JADU shall have direct access to the main living area of the single-family dwelling so as to not need to go outside to access the sanitation facilities.

E. No additional parking shall be required unless the JADU is created in an attached garage, in which instance the applicant shall replace the offstreet parking for the single-family dwelling.

18.96.070 - Applications and Processing for ADU
A. An application for a Preliminary Ministerial Review (PMR) is required for ADUs and JADUs prior to building permit application submittal.

Applications to create or serve a JADU or an ADU shall be ministerially processed and either approved or denied without discretionary review or a hearing within 60 days of receipt of a complete application. If the application is denied, the City will provide, within the 60-day review period, a complete list of the application's deficiencies and describe how the applicant can remedy the application.

1. Contents of application. A PMR application for an ADU or JADU permit shall be filed with the Director on such form as the Director shall prescribe. The application shall be accompanied by information required by the Director.

2. Processing fee. A processing fee established by resolution of the Council shall be paid to the City at the time of filing the PMR application for an ADU or JADU permit.

3. Appeals. PMR for ADUs is ministerial and there is no appeal process.

B. Notwithstanding subdivision (A) above, if the permit application is submitted with a permit application to create a single-family dwelling or multiple-family dwelling on the parcel, the application for the JADU or ADU shall not be acted upon until the application for the new single-family dwelling or multiple-family dwelling is approved or denied. Occupancy of the JADU or ADU shall not be allowed until the City approves occupancy of the primary dwelling unit.

C. The City shall grant a delay in processing if requested by the applicant, in which case the 60-day period is tolled for the period of the requested delay.

D. If the applicant applies for a demolition permit to demolish a detached garage and a building permit to construct a detached ADU, the demolition permit and building permit for the detached ADU will be issued at the same time. – 179

18.96.080 - Utilities and Impact Fees
A. Utilities.

1. No ADU shall be permitted if it is determined that there is not adequate water or sewer service to the property.

2. ADUs, not created within the existing dwelling unit or existing accessory structure, may be required to have a new or separate utility connection directly between the ADU and the utility.

3. The connection may be subject to a connection fee or capacity charge. Any fee or charge shall be proportionate to the burden upon the water or sewer system of the proposed unit, based on unit size or the number of plumbing fixtures. The fee or charge shall not exceed the reasonable cost of providing the service.

4. Junior accessory dwelling units and accessory dwelling units that meet the requirements of Subsection 18.96.030.C.3 above are exempt from any requirement to install a new or separate utility connection and to pay any associated connection or capacity fees or charges.

B. Impact Fees.

1. No impact fees may be imposed on an ADU that is less than 750 square feet in size. For purposes of this section, "impact fees" include the fees specified in Sections 66000 and 66477 of the Government Code, but do not include utility connection fees or capacity charges.

2. For ADUs that have a floor area of 750 square feet or greater, impact fees shall be charged proportionately in relation to the square footage of the primary dwelling unit, consistent with EPAMC Chapter 13.28.

18.96.090 - Non-Permitted ADUs
The establishment or continuance of an ADU without a permit as required under this chapter is declared to be unlawful and shall constitute a misdemeanor violation of this chapter and a public nuisance. ADUs constructed prior to January 1, 2018 shall be issued a permit in accordance with Section 18.96.050. Any violation of this chapter shall be subject to the enforcement provisions and penalties as prescribed in Chapter

18.118. The enforcement of the code violation abatement shall be consistent with Health & Safety Code Section 17980.12.

18.96.100 Interpretation.

If any portion of this chapter conflicts with California Government Code sections relating to accessory dwelling units and junior accessory dwelling units or other applicable state law, state law shall supersede the sections of this chapter that conflict with state law. Any ambiguities in this chapter shall be interpreted to be consistent with state law. Statutory references in this ordinance include successor provisions. 180
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7/24/23, 11:35 PM East Palo Alto, CA Code of Ordinances Chapter 18.96 - Accessory Dwelling Unit
Footnotes:
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Editor's note— Ord. No. 08-2020, § 4, adopted Nov. 17, 2020, amended Ch. 18.96 in its entirety to read as herein set out. Former Ch. 18.96, §§ 18.96.010—18.96.170, pertained to similar subject matter, and derived from the 2018 Development Code provisions.

18.96.010 - Purpose and Intent Definitions
The purpose and intent of this chapter is:

To increase the supply of affordable housing by allowing accessory dwelling units (also known as second units) in conformance with Government Code Section 65852.1 et seq. to be established in areas zoned to allow single-family or multiplefamily residential use; B.

To establish standards for the development and occupancy of accessory dwelling units to ensure they are compatible with neighboring uses and structures, adequately equipped with public utility services, do not result in negative traffic or public safety impacts, and are safe for human occupancy; and C.

To restrict accessory dwelling units which create unreasonable traffic, safety, privacy or other adverse impacts, and to prevent adverse impacts on any real property listed in the California Register of Historic Places (Ord. No. 08-2020, § 4, 11-17-2020)

18.96.020 - Definition
Accessory Dwelling Unit (ADU). As used in this chapter ADU means a separate an attached or detached residential dwelling unit providing complete independent living facilities for one or more persons containing permanent provisions for living, sleeping, kitchen eating, cooking, and sanitation facilities which are defined as a full bathroom (tub/shower, sink , and , a toilet). An existing single family residence may be converted to accessory dwelling unit(s) in conjunction with the development of a new main dwelling unit on the site and in conformity with the development standards for a new accessory unit as set forth in this chapter. Subject to the restrictions contained in this chapter, an accessory dwelling unit may be either attached to, or detached from or incorporated into the main dwelling unit. An Accessory Dwelling Unit a toilet). An ADU also includes an efficiency unit, as defined 181
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in Health and Safety Code Section 17958.1 and a manufactured home, as defined in Health and Safety Code Section 18007.

Junior Accessory Dwelling Unit. A (JADU). A residential dwelling unit that is no more than 500 square feet in size and , includes an efficiency kitchen including a cooking facility with appliances, food preparation counter and storage cabinets of reasonable size in relation to the size of the JADU and consistent with building code standards, is contained entirely within a single-family residence., including an attached garage, and may include separate sanitation facilities or may share sanitation facilities with the existing structure.

Primary Dwelling Unit. The single-family dwelling or multiple-family dwelling but does not include an accessory dwelling unit (ADU) or junior accessory dwelling unit (JADU). An attached garage is considered part of the primary dwelling unit.
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7/24/23, 11:35 PM East Palo Alto, CA Code of Ordinances Public Transit. Public transit means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public. (Ord. No. 08-2020, § 4, 11-17-2020)

18.96.030 - Development Standards—Lot with Single-Family Dwelling

18.96.020 - Purpose and Intent
The purpose and intent of this chapter is:

A. To increase the supply of affordable housing by allowing accessory dwelling units (ADUs, also known as second units) in conformance with Government Code Section 65852.150 et seq. and consistent with the City’s General Plan, and to ensure sound standards of public health and safety;
B. To establish standards for the development and occupancy of accessory dwelling units in accordance with the provisions of California Government Code Sections 65852.2 and 65852.22, and ensure they are compatible with neighboring uses and structures, adequately equipped with public utility services, do not result in negative traffic or public safety impacts, and are safe for human occupancy; and
C. To restrict accessory dwelling units which create unreasonable traffic, safety, privacy or other adverse impacts, and to prevent adverse impacts on any real property listed in the California 182
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Register of Historic Places.

18.96.030 – General Provisions
Except as otherwise provided in this chapter, an Accessory Dwelling Unit (ADU) or a Junior Accessory Dwelling unit Unit (JADU) that meets all of the following specified development standards shall be approved by the City:

Zoning. The lot is within a residential or mixed-use zoning district and includes one proposed or legally created dwelling.

B. Density. The Accessory Dwelling Unit or Junior Accessory Dwelling Unit An ADU or JADU unit conforming to the requirements of this chapter shall not be included in the calculation of residential density for the purpose of determining general plan and zoning conformance . and is deemed to be a residential use consistent with the existing General Plan and zoning designations for the parcel.

C. Single-Family Dwellings. Any of the following may be permitted on a parcel with an existing or proposed single-family dwelling:

1. One JADU that meets the standards in Section 18.96.060 below. JADUs are only permitted on a parcel with no more than one existing or proposed single-family dwelling.

2. One new construction, attached or detached ADU that meets the standards in Section

18.96.050 below.

An existing single-family residence may be converted to an ADU in conjunction with the development of a new primary dwelling unit on the site and in conformity with the development standards in Section 18.96.050.

1. One ADU and one JADU per parcel with a proposed or existing single-family dwelling if all of the following apply:
a. The ADU or JADU is within the proposed space of a single-family dwelling or existing space of a single-family dwelling or accessory structure and may include an expansion of not more than 150 square feet beyond the same physical dimensions as the existing structure. An expansion beyond the physical dimensions of the existing structure shall be limited to accommodating ingress and egress.
b. The space has exterior access from the proposed or existing single-family dwelling.
c. The side and rear setbacks are sufficient for fire and safety. d. The JADU complies with the requirements of Section 18.96.060 below.

18.96.050.C, below. The ADU may be combined with a JADU that meets the standards as described in Section 18.96.060.

1. Neither JADUs nor ADUs may be sold separately from the primary dwelling unit.

However, an ADU may be owned by multiple owners as tenants in common if the singlefamily dwelling or ADU was developed by a qualified nonprofit, as that term is defined in and pursuant to Government Code Section 65852.26, the transaction meets the requirements of Government Code Section 65852.26, and an enforceable restriction on the use of the land that satisfies the requirements of Government Code Section 65852.26 is recorded against the property. The qualified buyer, as that term is defined in Government Code Section 65852.26, must occupy the accessory dwelling unit or primary dwelling unit as their principal residence.

2. JADUs and ADUs may be rented independently of the primary dwelling unit. However, neither the JADU nor the ADU may be used for short-term residential rentals of less than 30 consecutive days.

Unit size. The maximum size of any Accessory Dwelling Unit living area, inclusive of a habitable basement and an attic, shall not exceed 1,000 square feet. If there is an existing single-family dwelling, the total floor area of an attached accessory unit shall not exceed fifty percent (50%) of the existing primary dwelling, provided an 800-square foot attached accessory unit is not prohibited, up to a maximum of 1,000 square feet.

G. Building CodesCode Requirements. An accessory unit JADUs and ADUs shall comply with all applicable building, health and safety , and fire codescode requirements. Notwithstanding this requirement:

1. No passageway (pathway unobstructed to the sky extending from a street to an entrance of the unit) shall be required in conjunction with the construction of an accessory unitADU. Accessory units shall not be required to provide fire sprinklers if fire sprinklers are not required for the primary residence.

E.
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