75A - PH ACCESSORY DWELLING UNITS

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Zoning Ordinance Amendment No. 2017-04 October 23, 2017 Page 4 space be provided for each bedroom in excess of one. To be compliant with state law (Section 65852.2(d) of the Government Code) parking for ADUs will not be required if they are within one-half mile of public transit (Exhibit 4), in an architecturally significant historic district, within one block of a car share vehicle, In an area where on -street parking permits are required but not offered to the occupant of the second dwelling unit, or if second dwelling unit involves the conversion of a portion of the existing primary residence or an accessory structure. As such, the proposed ordinance includes an exception for those units that qualify for a state mandated parking exception. Regulating Size and Scale of ADUs The size and -scale of ADUs is also a source of community concern. An out of scale ADU could negatively affect neighborhood character and the privacy of neighbors. State, law permits local jurisdictions to regulate the maximum size of newly constructed ADUs as long as they permit at least the minimum permitted by Building Code and do not permit units larger than 1,200 square feet. The proposed ordinance recognizes that size is often contextual. What is considered large in one area may be small in another. As such, the proposed ordinance regulates size and scale of ADUs by requiring that the ADU be no more than 50 percent of the total floor area of the primary home, excluding garages, up to a maximum of 750 square feet. As such, an ADU will always be smaller than the primary home unless the primary home is very small (less than 300 square feet). By adopting this standard, the proposed ordinance would ensure that size and scale of ADUs is regulated in a manner that is tailored, to the unique characteristics of individual residential neighborhoods. Reoulatin4 the Location of ADUs on a Lot The location of buildings on an individual parcel greatly influences the ability to develop an ADU and how it impacts neighboring properties. Zoning district standards and general provisions of the Zoning Code contain a set of development standards that determine how far back buildings must be set from property lines (called setbacks or yards), how far they must be distanced from each other, as well as several specific location requirements. These zoning standards will continue to be applicable to an ADU's location. These provisions also require a minimum 15 -foot separation between a detached ADU and primary home. The draft ordinance goes further and prevents a detached ADU from being located between the primary residence and the street adjoining the front yard, to maintain the appropriate relationship between accessory and primary structures on a lot. However, AB 2299 reduces allowable setback provisions across the state in the following cases: when existing garage buildings are converted (zero feet), and when any other existing square footage is converted to an ADU (as necessary to protect life -safety), 75A-10