Planning & Community Development
City Council
December 4, 2023
Accessory Dwelling Unit (ADU)
Ordinance Update
Planning & Community Development
ADU Ordinance Update
2 Background
Planning & Community Development
Background
• Ongoing Legislation:
> Since 2016, the State has passed a series of bills aimed to encourage the construction of ADUs. Collectively, they require cities to allow ADUs for single family and multi-family sites. • City Regulations:
> City last updated its ADU ordinance in 2018. Portions of the existing ordinance are inconsistent with state law. However, the City is still implementing all state laws.
• Targeted ADU Improvements:
> The City has been working on a number of areas to increase ADU production and improve the permitting process.
3 Planning & Community Development
ADU Ordinance Upda
4 Process Improvements
Planning & Community Development
5 ADU Process Improvements
• Completed:
> In 2022, the City worked with SCAG to
create an ADU handbook and an online
cost-estimator tool.
> Since March 2023, staff has been offering
virtual ADU consultations.
Planning & Community Development
6 ADU Process Improvements
• Items Currently Underway:
> Pre-approved Plans:
4 prototypes plans being completed by City
» Status: Estimate availability end of January 2024
7 prototypes plans being completed by architects
» Status: Currently in plan check
> Online Mapping Platform:
Online tool where people can explore different ADU designs for their property and layer in zoning code requirements
» Status: Estimate availability: Spring 2024
> ADU Fair
Event will occur on a Saturday in Spring/Summer of next year and provide ADU resources to the community
Planning & Community Development
Draft ADU Pre-Approved Plans
• PROTOTYPE A – Floor Plan:
> 1-Story, Studio, 1 Bath
> Floor Area: 374 sf.
> Covered Porch: 65 sf.
7 Planning & Community Development
Draft ADU Pre-Approved Plans
• PROTOTYPE B – Floor Plan:
> 1-Story, 1-Bed & 1 Bath
> Floor Area: 440 sf. Covered Porch: 110
sf.
8 Planning & Community Development
Draft ADU Pre-Approved Plans
• PROTOTYPE C – Floor Plan:
> 1-Story, 1-Bed & 1 Bath
> Floor Area: 540 sf. Covered Porch: 90 sf.
9 Planning & Community Development
Draft ADU Pre-Approved Plans
• PROTOTYPE D – Floor Plan:
> 1-Story, 2-Bed & 1 Bath
> Floor Area: 682 sf. Covered Porch: 72 sf.
10 Planning & Community Development
ADU Ordinance Upda
11 ADU Updates
Planning & Community Development
12 ADU Updates
• Updating Zoning Code Regulations:
> Proposed changes being presented to the City Council tonight. > Staff will return with an ordinance within 90 days.
• Reviewing Fees:
> This would require direction from the City Council or City Manager and a fee study.
> Staff would return at a future date with recommendations.
Planning & Community Development
ADU Ordinance Upda
13 Meetings
Planning & Community Development
Community Input
14 • March 22, 2023 Planning Commission Study Session:
> Planning Commission discussion: Overnight street parking permits, parking impacts, maximum height, processing times and impact fees.
> Public comments: ADUs in Hillside Overlay Districts (HODs) and providing pre-approved plans for ADU prototypes.
• June 15, 2023 Virtual Community Meeting: Comments included the following:
> Allowing detached ADUs with a height of 18 ft. throughout the City; > Removing the owner-occupancy requirement for ADUs indefinitely; > Lifting the restriction on overnight street parking permits; > Waiving or reducing permitting and impact fees; and
> Providing pre-approved plans.
Planning & Community Development
15 Planning Commission Recommendation
• October 11, 2023 Planning Commission Public Hearing:
Recommended that the City Council approve the Zoning Code Amendment as presented by staff with the following amendments:
1. In addition to the staff recommendation to allow a maximum height of 18 ft. for detached ADUs, allow an additional 2 ft. to match the roof pitch of the primary dwelling (except for ADUs visible from the street in Landmark and Historic Districts, and in Hillside Overlay Districts (HODs);
2. Allow upper story windows along the side and rear lot lines when they abut an alley with a minimum width of 20 ft.;
3. Require non-exempt, attached and detached ADUs to comply with lot coverage requirements; and
4. Continue to implement permitting improvements and study reducing fees for ADUs.
Planning & Community Development
ADU Ordinance Upda
16 ADU Types
Planning & Community Development
Single-family Sites: ADU Scenarios
17 Street
Attached ADU
Front Front
Detached
ADU
Attached
ADU
Existing or Proposed
Primary Dwelling
Junior
ADU
Attached ADU
Junior ADU
• Must be attached
& within the
existing primary
dwelling.
• Max. 500 sf.
Existing or Proposed
Primary Dwelling
Junior
ADU
Detached ADU
Junior ADU
• Must be attached
& within the
existing primary
dwelling.
• Max. 500 sf.
Planning & Community Development
18 Street
Attached ADU
Front
Junior
ADU
Detached ADUs
Conversions
Maximum of 2 total
for conversions
and/or new
construction.
Attached ADUs
Conversions only
• Shall be non-
habitable space
up to 25% of the
number of units in
each multi-family
structure, with a
minimum of 1.
• Numbers shall be
rounded down.
Detached ADUs
New Construction
Maximum of 2 total
for conversions
and/or new
construction.
Existing
Multi-family
Structure
e.g., 6 existing
units = 1 ADU
Existing Multi-family Structure
e.g. 12 existing units = 3 ADUs
Existing Detached Structure
Detached
ADU
Multi-family Sites: ADU Scenarios
Planning & Community Development
ADU Ordinance Upda
19 Exemption ADUs
Planning & Community Development
Exemption ADUs
20 • California Government Code:
> Per Section 65852.2 Subsection (e), all single-family and multi-family sites are entitled to ADUs in various configurations.
• Single-family Sites: Shall be allowed the following:
> Junior ADU: 1 within the existing primary dwelling or attached garage, with a maximum area of 500 sf.; AND
> New construction detached: 1 ADU with a maximum area of 800 sf.; OR > Attached or detached conversion ADU: 1 ADU within the existing or proposed dwelling, garage or accessory structure with a maximum addition of 150 sf. • Multi-family Sites: Shall be allowed the following:
> New construction detached ADUs: 2 with a maximum area of 850 sf. for a studio or 1-bedroom and 1,000 sf. for 2 or more bedrooms, each; OR > Detached conversion ADUs: 2 with a maximum area of 850 sf. for a studio or 1-bedroom and 1,000 sf. for 2 or more bedrooms, each; AND > Attached conversions: Non-habitable space up to 25% of the number of units for each multi-family structure.
Planning & Community Development
ADU Ordinance Upda
21 Specific ADU Topics
Planning & Community Development
ADUs and Overnight Street Parking
22 • Under current regulations in Title 10 of the PMC a resident can apply for:
> An annual overnight street parking permit for up to two cars (requires an application and review/approval by DOT staff along with a fee)
> A daily overnight street parking permit (issued online, or through a kiosk, or via the Passport Parking application with payment of a fee)
• Under the current regulations in Title 17 (Zoning Code) the following are ineligible from receiving annual overnight street parking permits:
> Single-family and multi-family properties developed with an ADU. > Residents of Transit Oriented Development (TOD) projects, mixed-use projects and urban housing projects
Planning & Community Development
ADUs and Overnight Street Parking
23 The proposed changes relate only to the specific regulations in the Zoning Code that apply to annual overnight parking permits related to ADUs and are not proposing any other changes to the City’s overnight parking program.
Recommendation:
> Single-family sites:
Treat a site with an ADU the same as other single-family sites Allow up to 2 annual overnight street parking permits per property, regardless of whether they include an ADU.
> Multi-family sites:
Multi-family sites in TODs, mixed-use projects and urban housing projects: Continue to prohibit, except for parking spaces converted to ADUs.
Other multi-family sites: No change- continue to allow regardless of whether the property is developed with ADUs.
Planning & Community Development
24 ADUs in Hillside Overlay Districts
• Current State Law: Allows cities to limit where an ADU may be located based on “the ADU’s impact on traffic flow and public safety.” > Cities must provide supporting documentation (California Department of Housing and Community Development (HCD) has a high standard).
> Various cities have unsuccessfully attempted to ban ADUs due to fire and emergency access concerns in areas designated as Very High Fire Hazard Severity Zones (VHFHSZ).
• Current Ordinance:
> Prohibits newly constructed detached ADUs in HODs because of concerns related to limited access for emergency vehicles (this does not comply with state law).
Planning & Community Development
ADUs in Hillside Overlay Districts
25 • Approx. 10% of the City’s single-family
properties (or 3,000) are in HODs.
• Unique characteristics and neighbor-
hoods in HODs:
> Streets are narrow with curves and
steep inclines, or no vehicle turn-
around areas.
> Streets may be without curbs,
sidewalks, guard rails and lighting.
> Many properties irregularly shaped
with steep slopes, dense vegetation
and wildlife.
HD
HD-SR
HD
Planning & Community Development
26 ADUs in Hillside Overlay Districts
Sufficient evidence to justify a size limit and prohibition of attached new construction ADUs consistent with State law for ADUs within certain areas of HODs based on unique and objective characteristics.
• Recommendation:
> Property served by a private or public street up to 26 ft. wide shall be allowed the minimum required by State Law:
Conversion of attached or detached space: No size limit. New construction detached ADU: Maximum of 800 sf.
> Other properties in HODs:
Conversion of attached or detached space: No size limit. New construction attached ADU: Maximum of 850 sf. for a studio or 1-bedroom, and 1,000 sf. for more than 1-bedroom.
New construction detached ADU: Maximum of 1,000 sf.
> Height: Max. 16 ft., unless located ½-mile walking distance of an MTS or HQTC, where the maximum height would be 18 ft. (instead of 18 ft. citywide).
Planning & Community Development
ADU Ordinance Upda
27 Proposed Amendments
Planning & Community Development
Proposed Amendments
28 Location and Definitions:
1. Update definitions and regulations related to where ADUs can be located.
Maximum Number and Size of Units:
2. Single-family sites (except for HODs) with a primary dwelling:
a. Junior ADU: 1 with a maximum area of 500 sf.; AND
b. 1 ADU of the following:
New construction detached ADU: 1 with a maximum area of 1,200 sf.; New construction attached ADU: 1 with a maximum area of 850 sf. for a studio or 1-bedroom and 1,000 sf. for 2 or more bedrooms. In addition, it shall not exceed 50% of the size of the existing primary dwelling;
Attached conversion ADU: 1 by converting a portion of the existing primary dwelling with no size limitation; OR
Detached conversion ADU: 1 with no size limitation.
Planning & Community Development
Proposed Amendments
3. Multi-family sites:
a. New construction detached ADUs: 2 with a maximum area of 850 sf. for a studio or 1-bedroom and 1,000 sf. for 2 or more bedrooms, each; OR b. Detached conversion ADUs: 2 with a maximum area of 850 sf. for a studio or 1- bedroom and 1,000 sf. for 2 or more bedrooms, each; AND c. Attached conversion ADUs: Shall be non-habitable space up to 25% of the number of units in each multi-family structure.
4. Exemption Units: Allow as permitted under state law.
Minimum Setbacks:
5. New construction:
a. Front lot line: Comply with the underlying zone (provided it does not prevent the construction of an attached or detached ADU).
b. Side and rear lot lines: 4 ft.
6. Conversions or when the structure is constructed in the same location and dimension as a previous structure: No setback required.
7. Upper floor roof decks and balconies shall have a minimum side and rear yard setback of 10 ft. Any proposed or required railings or wall enclosures shall be included in the maximum height of the Junior ADU or ADU. 29 Planning & Community Development
Proposed Amendments
30 Maximum Height:
8. Attached ADUs: Shall not exceed 25 ft. or the maximum permitted in the underlying zone, whichever is less.
9. Detached ADUs:
> Maximum height of 16 ft. when within the following (except when within ½-mile walking distance of an MTS or HQTC:
Landmark or Historic District when ADU is visible from the street; HODs; when located in the front-yard setback; and Exemption ADUs.
> Maximum height of 2 stories and 18 ft. in all other instances, plus an additional 2 ft. to match the roof pitch of the primary dwelling subject to the following:
Upper story windows shall be prohibited along the side and rear lot lines for setbacks less than 5 ft., unless the window is required by the Building Code (window design shall preserve privacy).
If the side or rear lot lines abut an alley with a minimum width of 20 ft., windows may be allowed on the building façade facing the alley.
Planning & Community Development
Proposed Amendments
31 Minimum Parking:
10. Remove the Zoning Code Section that prohibits annual overnight street parking permits and allow up to two permits for single-family properties and allow in multi-family projects for tenants whose parking is converted to ADUs.
11. Replacement parking: Shall not be required.
12. Other parking requirements: 1 space per ADU (may be unenclosed and tandem), unless the property has any of the following:
a. Located ½-mile from a public transit stop;
b. Located in an historically significant district;
c. Located 1-block from a car-share vehicle pick-up/drop-off; or d. The ADU is within the primary dwelling or accessory structure.
Entrance and Exterior Staircases (for single-family sites):
13. Entrances: Shall not be visible for Junior ADUs or attached ADUs from the street, unless this prevents the creation of the unit.
14. Staircases: Shall not be visible for Junior ADUs or attached ADUs from the street, unless this prevents the creation of the unit.
Planning & Community Development
Proposed Amendments
32 Owner Occupancy and Operational Requirements:
15. Junior ADUs shall require owner-occupancy per State Law.
16. Eliminate owner-occupancy requirements for ADUs per State Law.
Operational Standards:
17. Allow ADUs to be sold separately if developed by a qualified nonprofit corporation and in accordance with California Government Code Section 65852.26. Prohibit in other instances.
Additional Regulations for Historic Properties:
18. Individually designated properties: New construction shall not be visible from the street, unless this prevents the creation of the unit.
19. Properties in Historic Districts: New construction shall not be visible from the street, unless this prevents the creation of the unit.
Planning & Community Development
Proposed Amendments
33 Additional Regulations for HODs:
20. Remove the prohibition of ADUs in HODs and permit as follows:
a. Property is served by a private or public street up to 26 ft. (as permitted under Exemption ADUs):
Attached and detached conversions: No size limitation. New construction attached ADU: Not permitted.
New construction detached ADU: Maximum area of 800 sf. b. Other properties in HODs:
Attached and detached conversions: As permitted in non-HODs. New construction attached ADU: As permitted in non-HODs. New construction detached ADU: Maximum area of 1,000 sf.
Additional Regulations:
21. ADUs shall comply with other applicable Zoning Code regulations, including lot coverage requirements.
Planning & Community Development
Recommendation
34 • Staff Recommends the City Council:
1. Find the proposed Amendments exempt from the
California Environmental Quality Act (CEQA);
2. Adopt Findings for the Amendments; and
3. Approve the recommended Amendments.
The final ordinance will then be forwarded to HCD for review.
Planning & Community Development
Accessory Dwelling Unit (ADU)
Ordinance Update
City Council
December 4, 2023
Planning & Community Development
Overnight Street-Parking
• Temporary Overnight Street Parking Exemption (TOPE)
> Can be purchased for $3 per night per vehicle at kiosks throughout the City, online (additional $3.50 service charge), and via the Passport Parking App.
• Annual Overnight Street Parking Permit
> Fee $54 applies for applications requiring a field inspection. A field inspection is required if the address has not applied for a permit in the past. The application fee will be deducted from permit fees for approved applications.
36 Planning & Community Development
Residential Impact Fee (RIF)
• Standard RIF: $22,362 - $41,393 (based on bedrooms)
• No RIF for ADUs smaller than 750 sq. ft.
• For ADUs >750 sq. ft., RIF is an amount proportionally related to the square footage of the primary dwelling unit.
• RIF reduced to $1,158 for affordable ADUs:
> Affordability Covenant, 7 year period.
The homeowner commits to rent the ADU to a household whose annual income does not exceed 120% of the Area Median Income at affordable rents (based on income and bedrooms).
> Landlord Agreement, 7 year period.
The homeowner commits the ADU to be used exclusively by either (1) a family member OR (2) to the City’s rental assistance clients.
Family member is defined as: the homeowner's spouse, parent, grandparent, child, grandchild, sister, sister-in-law, brother, brother-in-law, mother-in-law, father-in-law, aunt, uncle, niece, nephew, or first cousin.
37 Planning & Community Development
Examples of ADUs
38 Planning & Community Development
Examples of ADUs
39 Planning & Community Development
Examples of ADUs
40 Planning & Community Development
41 Citywide
(Except HODs)
HODs
(Streets <26’)
HODs
(Streets ≥26’)
Current ADU State
Law
Maximum
Unit Size
1,200 s.f. 800 s.f. Current State
ADU law
As low as 850 s.f. if
studio or 1-bdrm,
or 1,000 s.f. if more
than 1 bdrm.
Detached ADU Size Limits
Planning & Community Development
42 Existing City ADU Regulations Current ADU State Law
Location
Requirement
Shall meet all of the following:
• Property is legally established and contains a
proposed or existing dwelling.
• Converted ADUs: Any property zoned RS or RM.
• New construction ADUs:
o Property is zoned RS: Shall have a min. area of
7,200 sf., shall not be located in HODs nor
include an individually designated historic
resource. If the property is located in an historic
district, the ADU shall not be visible from the
public ROW.*
o Any property zoned RM.
• Property is zoned to allow single-family or
multifamily dwelling residential uses and
includes a proposed or existing dwelling.
Number
of ADUs
per Lot
• 1 ADU (attached or detached).*
Single-family sites:
• 1 Junior ADU and 1 ADU in addition to the
primary dwelling.
Multi-family sites:
• Up to 2 detached ADUs (converted or new
construction); and
Conversion of non-habitable space to 25% of the
number of units for each multifamily structure.
*Inconsistent with state law
City Regulations vs. State Law
Planning & Community Development
43 Existing City ADU Regulations Current ADU State Law
Maximum
Unit Size
• Converted ADUs: No max.
• New construction: For parcels <10,000 sf.: the
lesser of 800 sf. or 50% of the proposed or
existing primary dwelling unit.*
• New construction: For parcels ≥10,000 sf.: the
lesser of 1,200 sf. or 50% of the proposed or
existing primary dwelling unit.*
• Converted ADUs: No max.
• Junior ADUs: Shall not exceed 500 sf.
• Other ADUs:
o An attached ADU shall not exceed 50% of the
existing primary dwelling.
o A detached ADU shall not exceed 1,200 sf.
o Cities may set a max. size of at least 850 sf. for
studio and 1-bedroom ADUs and 1,000 sf. for
ADUs that provide more than 1 bedroom.
Minimum
Setbacks
• The minimum required setbacks shall comply
with the underlying zoning district, except that
the minimum rear yard setback shall be no
less than 10 ft.*
• A minimum setback of 5 ft. from the side and
rear property lines shall be required for an
attached accessory dwelling unit that is
constructed above an attached garage.*
• No setback shall be required for conversions or when
the new structure is constructed in the same location
and dimensions as a previous structure.
• A setback of no more than 4 ft. from the side and rear lot lines shall be required for all other ADUs.
• Front-yard setback requirements may not prevent the
construction of an 800 sf. attached or detached ADU,
as long as the ADU complies with height and side
yard setbacks.
*Inconsistent with state law
City Regulations vs. State Law
Planning & Community Development
4444
Existing City ADU Regulations Current ADU State Law
Maximum
Height
• 1-story, not to exceed 12 ft. to the top plate
and 17 ft. to the highest ridgeline.*
• Attached ADUs: 25 ft. for attached ADUs or the max.
permitted in the zone, whichever is less.
• Detached ADUs: 16 ft. for detached ADUs. This shall
be increased to 18 ft. if any of the following apply:
o The property is ½-mile walking distance of an MTS
or HQTC, plus an additional 2 ft. for a roof pitch to
align with the primary dwelling.
o The property contains a multifamily, multistory
structure.
Minimum
Parking
• Replacement parking shall be required when
an existing garage or carport is demolished to
construct an ADU.*
• 1 space shall be required per ADU, unless the
property has any of the following:
o Located ½-mile of a transit stop;
o Located in an historically significant
district; or
o Located 1-bock from a car-share vehicle
pick-up/drop-off.
• No overnight parking permit shall be issued
for a property that has an ADU.*
• Replacement parking may be required for Junior ADUs
converted from an attached garage or carport.
• Replacement parking shall not be required when a
garage or carport is demolished to construct an ADU.
• 1 space may be required per ADU (may be
unenclosed and tandem in a driveway), unless the
property has any of the following:
o Located ½-mile of a public transit stop;
o Located in an historically significant district;
o Located 1-block from a car-share vehicle pick-
up/drop-off; or
o The ADU is within the primary dwelling or
accessory structure.
*Inconsistent with state law
City Regulations vs. State Law
Planning & Community Development
45 Existing City ADU Regulations Current ADU State Law
Owner
Occupancy
• The property owner must reside on the
property.*
• Cities cannot impose owner-occupancy requirements
for ADUs approved between January 1, 2020 and
January 1, 2025.
• Proposed legislation (currently on the governor’s desk for signature) would indefinitely prohibit cities from
imposing owner-occupancy requirements.
Operational
Standards
• New ADUs created after January 1, 2017
shall not be used as short-term rentals.
• ADUs cannot be sold separately.*
• ADUs may be used as short-term rentals, if permitted
by local ordinance.
• Allow ADUs to be sold separately if developed by a
qualified nonprofit corporation. In other cases, it may be sold separately, if permitted by local ordinance.
Exemption
ADUs
• Not currently referenced.* • Will include references to allow Exemption ADUs per state law.
*Inconsistent with state law
City Regulations vs. State Law
Planning & Community Development
Detached ADUs and Height
46 • Current State Law: Allow a maximum height of 16 ft., except for the following:
> 18 ft. maximum if the property is within ½-mile walking distance from a major transit stop (MTS) or high-quality transit corridor (HQTC), plus an additional 2 ft. for a roof pitch to align with the primary dwelling.
> 18 ft. maximum if the property contains a multifamily, multistory structure.
> The A-Line Stations and most of Colorado Boulevard are MTSs and HQTCs.
Planning & Community Development
Detached ADUs and Height
47 • Staff Recommendation: Allow 2-stories and height 18 ft. citywide (except for Exemption ADUs and those in HODs), subject to the following:
> Upper story windows shall be prohibited along the side and rear lot lines for setbacks less than 5 ft., unless the window is required by the Building Code (windows shall be designed to preserve privacy); and
> Upper floor roof decks and balconies shall have a minimum side and rear yard setback of 10 ft.
• Planning Commission Recommendation: In addition to staff recommendations:
> Maintain a maximum height of 16 ft. for detached ADUs in Landmark and Historic Districts when visible from the street;
> Allow an additional 2 ft. to match the roof pitch of the primary dwelling (except for ADUs visible from the street in Landmark and Historic Districts, and in HODs); and
> Allow upper story windows along the side and rear lot lines when they abut an alley with a minimum width of 20 ft.
Planning & Community Development
Single-Family Zones
48 Planning & Community Development
Hillside Overlay Districts
49 Planning & Community Development
50 0-26 ft. wide
>26 ft. wide
Street Width Map
Unique and Objective Characteristics
1. Narrow Street Width:
> The Pasadena Fire Code states that fire
access shall have an unobstructed width
of not less than 20 ft., exclusive of
shoulders.
> Even streets up to 26 ft. wide are
extremely narrow, as most allow parking
on one or both sides, making the
unobstructed width less than 20 ft.
> Limiting ADUs to such properties will
only affect around 7.8% of the City’s
single-family properties (or 1,600).
2. Fire Hazard Zones:
> All private and public streets up to 26 ft.
wide in HODs are also in VHFHSZs.
ADUs in Hillside Overlay Districts
Planning & Community Development
ADUs in Hillside Overlay Districts
51 Planning & Community Development
ADUs in Hillside Overlay Districts
52 Planning & Community Development
ADUs in Hillside Overlay Districts
53 Planning & Community Development
ADUs in Hillside Overlay Districts
54 Planning & Community Development
55 3. Evacuation Routes:
> Fires in urban-wildland areas are generally fast-moving. Therefore, access for emergency personnel and evacuation routes are both important.
> The number of wildfire threats annually are increasing, and ‘catastrophic’ fires are becoming the new normal.
> It is important to take necessary steps to limit ADUs on properties along private and public streets up to 26 ft. wide in HODs.
4. Vehicle Ownership and Safe Pedestrian Access to Transit:
> The Linda Vista area is only directly served by Pasadena Transit Route 51/52 and the San Rafael area is only directly served by Metro Route 256.
> Many private and public streets up to 26 ft. wide also have extremely poor pedestrian access to transit.
ADUs in Hillside Overlay Districts
Planning & Community Development
VHFHSZ
56 Very High Fire Hazard Severity Zones (as recommended by Cal Fire)
Planning & Community Development
Major Transit Stops & Corridors
57 ½ Mile Walking Distance
HQTC – Metro 180
HQTC – Foothill Transit 187
MTS – A Line Stops
Planning & Community Development
TOAs in Landmark Districts
58 Planning & Community Development
TODs
59 Planning & Community Development
6060
Bus Lines: Hillside Overlay Districts
Linda Vista
Area
51/52
51/52
51/52
Planning & Community Development
61 Bus Lines: Hillside Overlay Districts
San Rafael
Area81
180
256
256/180
180
Planning & Community Development
Legalization of Unpermitted ADUs
• Per state law, an unpermitted ADU constructed prior to 2018 cannot be denied due to violations of building standards or non- compliance with ADU laws, unless the correction is necessary to protect health and safety, or the building is deemed substandard under state housing law.
• Staff believes there are numerous unpermitted ADUs throughout the City; however, since these units were created without permits, there is no database to estimate the total number.
• From 2016 through 2021:
> 20 applications were submitted to legalize unpermitted ADUs > 14 of the applications were for converted garages
> The average size of the conversions was 469 square ft. 62 Planning & Community Development
Permitting Trends of ADUs
• Early ADU Trends: Between 2004 and 2016, only 2 ADUs (then known as second dwelling units) were approved and constructed.
• Recent ADU Trends: The number of ADU applications since 2017 submitted has increased substantially:
• Additional ADU Metrics: For 854 ADU applications submitted from June 2020 through July 2023:
> 51.9% have been constructed or are currently under construction; > 7.4% are ready for permit issuance;
> 19.3% are currently under plan check review; and
> 21.4% have expired or have been withdrawn.
63 ADU Application Submittals in Pasadena
Year 2017 2018 2019 2020 2021 2022 2023* Total
Submittals 4 18 53 89 299 338 252 1,053
* Through Dec. 4, 2023
Planning & Community Development
64 Residential Impact Fees (RIFs)
• Standard RIF: $22,362 to $41,393 per unit (based on bedrooms). • No RIF for ADUs smaller than 750 sf.
• For ADUs >750 sf., RIF is an amount proportionally related to the square footage of the primary dwelling unit.
• RIF reduced to $1,158 for affordable ADUs:
> Affordability Covenant, 7-year period:
The homeowner commits to rent the ADU to a household whose annual income does not exceed 120% of the Area Median Income at affordable rents (based on income and bedrooms).
> Landlord Agreement, 7-year period:
The homeowner commits the ADU to be used exclusively by either (1) a family member OR (2) to the City’s rental assistance clients. Family member is defined as: the homeowner's spouse, parent, grandparent, child, grandchild, sister, sister-in-law, brother, brother-in- law, mother-in-law, father-in-law, aunt, uncle, niece, nephew, or first cousin.
Planning & Community Development
Detached ADUs and Height
65 • 2-Story Detached ADUs: While the Planning Commission agreed with staff that upper story windows along the side and rear lot lines on a 2-story detached ADU should be prohibited when the ADU is located closer than 5 ft. to a side/rear property line:
> The Commission did not feel this limitation was necessary when the property line abuts an alley with a minimum width of 20 ft.
• ADUs in Landmark & Historic Districts: The Commission also expressed concern about ADUs located behind the main structure but taller as this could detract from the character of the district, and also expressed the need to ensure building footprints do not occupy the bulk of the site.
> The Commission recommended detached ADUs in Landmark and Historic Districts be limited to a maximum height of 16 ft. when visible from the street > Also recommended that attached and detached ADUs comply with lot coverage requirements that currently exist in the Zoning Code.