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Amendments proposed to Accessory Dwelling Unit Ordinance

The Zoning and Planning (ZAP) Committee voted to set a public hearing on proposed amendments to the Accessory Dwelling Unit Ordinance — specifically on whether to allow detached Accessory Dwelling Units (ADUs) by-right, and to make changes in allowable setback requirements, in order to encourage more participation to increase housing.

An ADU is a separate residential apartment, usually located within an existing home or in an accessory building on a property. Only one ADU is allowed per property, and the property owner must live on the property. Currently, most detached ADUs require a special permit. ADUs were originally permitted in the City in 1987, but the ordinance was revised in 2017 to allow ADUs by-right if they are internal to an existing single- or two-family house. According to this Planning Department Memo, before the 2017 amendments, only up to 3 ADUs were approved each year, and after that, about 10 ADUs have been permitted per year. Straw votes were taken at the ZAP meeting in July to help guide the Planning Department to develop proposed amendments, which were discussed at ZAP’s meeting on Monday, August 8. The proposed amendments include:

  • Eliminating the 4-year look-back period,
  • Allowing small detached ADUs by right,
  • Relaxing setback requirements,
  • Amending the owner occupancy provision to clarify terms of occupancy by indirect owners, and
  • Updating the language of the ordinance regarding by-right use of Accessory Dwelling Units to clarify that FAR calculations must include the gross floor area of the ADU.

NOTE: The Planning Department’s memo clarifies that the Housing Choice legislation allows for these changes to be voted by a simple majority of the City Council.

Concern was raised regarding FAR (Floor Area Ratio) and setbacks for existing and new construction, as well as a request to clarify language in the ordinance regarding fencing and screening. The Committee voted 7 – 0 – 1 to schedule a public hearing in September.

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