Heads Up: ADU Code Changes to PAMC

[Sheri Furman]

My personal opinion, representing no one but me, is that these changes are basically changing an ADU (touted as a "granny unit") into a full-fledged second house on a property.  Basements are a particular concern, increasing construction time and impeding water flow.  Will 2-story basements be allowed?

I've attached the agenda item.  Items below are from it, not me.

The PTC, on Wednesday, Feb 24, will be reviewing proposed changes to the municipal code for ADUs, including:

Topics Staff Proposes for Regulatory Change

Basements

By allowing basements under accessory units—no matter where they are located on the property—units could have greater variety of configurations and accommodate a range of property-specific layouts. Currently, accessory units may only include basements when located within the property’s buildable area.

Noise Producing Equipment Location Standards

Regulatory Change Topics Proposed by Design Professionals (less staff support)

Parking Provided for an ADU

Privacy

Increasing the Exemption for Development Impact Fees

Staff does not support increasing the size exemption beyond 750 square feet for impact fees. Such fee reductions would reduce revenue for the City’s programs that would serve the new ADU tenants.

Refunding Development Impact Fees

The updated 2020 state law eliminated development impact fees for any unit less than 750 square feet. The architect group indicated a desire for Council to refund all development impact fees assessed for the units developed prior to the state law changes.

To refund all development impact fees that were paid for units less than 750 square feet before 2020, City Council would need to fill the gap refunds would create in the General Fund.

According to Planning’s Accela database, this would be approximately $1 million. Effectively, this would mean the fees for these units would be paid by Palo Alto taxpayers.  Staff do not support this recommendation.

Allowing Doorways Between Units

Staff and the PTC noted discomfort with connections between the primary and secondary units.  The concern expressed previously is that the units will be treated as an addition to the house, rather than as a separate housing unit. Given that the City does not have a program or the staffing capability in place to confirm how these units are used, staff does not recommend modifying this Code Section.

Topics Requiring Additional Analysis

Street-side Setback on Corner Lots

   o  Removing Requirement for Garages/Carports to be “Existing” Structures for Conversion on Corner Lots

   o  Additional Bonus Floor Area and/or Reduced Setbacks for Unit Development

   o  Allowing the Main House to Encroach into a 10 Foot Setback to Create an ADU/JADU

Retracting Prior Deed Restrictions

Flood Zone Height Exceptions