PLANNING DEPARTMENT TRANSMITTAL TO THE CITY CLERK S OFFICE

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1 PLANNING DEPARTMENT TRANSMITTAL TO THE CITY CLERK S OFFICE CITY PLANNING CASE: ENVIRONMENTAL DOCUMENT: COUNCIL DISTRICT: CPC CA ENV CE All PROJECT ADDRESS: Citywide APPLICANT TELEPHONE NUMBER: ADDRESS: City of Los Angeles Depatment of City Planning New/Changed APPLICANT S REPRESENTATIVE TELEPHONE NUMBER: ADDRESS: APPELLANT TELEPHONE NUMBER: ADDRESS: N/A APPELLANT S REPRESENTATIVE TELEPHONE NUMBER: ADDRESS: N/A PLANNER CONTACT INFORMATION: TELEPHONE NUMBER: ADDRESS: Matthew Glesne (213) matthew.glesne@lacity.og ENTITLEMENTS FOR CITY COUNCIL CONSIDERATION Accessoy Dwelling Unit (ADU) Odinance Tansmittal Rev 04/05/17 1

2 FINAL ENTITLEMENTS NOT ADVANCING: N/A ITEMS APPEALED: N/A ATTACHMENTS: REVISED: ENVIRONMENTAL CLEARANCE: REVISED: 7 Lette of Detemination 7 Findings of Fact 7 Staff Recommendation Repot Conditions of Appoval 7 Odinance Zone Change Map GPA Resolution Land Use Map Exhibit A - Site Plan 7 Mailing List Land Use Othe NOTES / INSTRUCTION(S): 7 Categoical Exemption Negative Declaation Mitigated Negative Declaation Envionmental Impact Repot Mitigation Monitoing Pogam Othe FISCAL IMPACT STATEMENT: Yes 7 No *If detemination states administative costs ae ecoveed though fees, indicate Yes. PLANNING COMMISSION: 7 City Planning Commission (CPC) Cultual Heitage Commission (CHC) Cental Aea Planning Commission T East LA Aea Planning Commission Habo Aea Planning Commission Noth Valley Aea Planning Commission South LAAea Planning Commission South Valley Aea Planning Commission T West LAAea Planning Commission Tansmittal Rev 04/05/17 2

3 PLANNING COMMISSION HEARING DATE: CO M M ISS I ON VOTE : Novembe 29, LAST DAY TO APPEAL: APPEALED: N/A N/A TRANSMITTED BY: TRANSMITTAL DATE: Commission Office Januay 3, 2019 Tansmittal Rev 04/05/17 3

4 Los Angeles City Planning Commission n \ 200 Noth Sping Steet, Room 272, Los Angeles, Califonia, , (213) As LETTER OF DETERMINATION MAILING DATE: JAN Case No. CPC CA CEQA: ENV CE Plan Aea: All Council Distict: All Poject Site: Citywide Applicant: City of Los Angeles At its meeting of Novembe 29, 2018, the Los Angeles City Planning Commission took the actions below in conjunction with the appoval of the following: An odinance amending Sections and and epealing potions of Section of Chapte 1 of the Los Angeles Municipal Code (LAMC) fo the pupose of egulating Accessoy Dwelling Units in accodance with State law Recommended that the City Council detemine, based on the whole of the administative ecod, that the poposed odinance is exempt fom the Califonia Envionmental Quality Act (CEQA) pusuant to Public Resouces Code and CEQA Guidelines Sections 15061(b)(3), 15301,15302 and 15303, and thee is no substantial evidence demonstating that an exception to a categoical exemption pusuant to CEQA Guidelines, Section applies; Appoved and ecommended that the City Council adopt, pusuant to Section of the Los Angeles Municipal Code, the poposed odinance, povided the City Attoney eviews the odinance fo fom and legality; Adopted the staff epot as the Commission s epot on the subject; and Adopted the attached findings. The vote poceeded as follows: Moved: Second: Ayes: Absent: Dake Wilson Khosand Mack, Mitchell, Millman, Pelman, Padilla-Campos Amboz, Choe Vote: 7-0 RocIqWiles Commission Office Manage

5 CPC Page 2 Fiscal Impact Statement: Thee is no Geneal Fund impact as administative costs ae ecoveed though fees. Effective Date/Appeals: The decision of the City Planning Commission is not appealable. Notice: An appeal of the CEQA cleaance fo the Poject pusuant to Public Resouces Code Section (c) is only available if the Detemination of the non-elected decision-making body (e.g., ZA, AA, APC, CPC) is not futhe appealable and the decision is final. If you seek judicial eview of any decision of the City pusuant to Califonia Code of Civil Pocedue Section , the petition fo wit of mandate pusuant to that section must be filed no late than the 90th day following the date on which the City's decision became final pusuant to Califonia Code of Civil Pocedue Section Thee may be othe time limits which also affect you ability to seek judicial eview. Attachments: Odinance, Findings c: Athi L. Vama, Pincipal City Planne Matthew Glesne, City Planne Cally Hady, City Planning Associate

6 ORDINANCE NO. An odinance amending Sections 12.03, and and epealing potions of Section of Chapte 1 of the Los Angeles Municipal Code (LAMC) fo the pupose of egulating Accessoy Dwelling Units in accodance with State law. THE PEOPLE OF THE CITY OF LOS ANGELES DO ORDAIN AS FOLLOWS: Sec. 1. Section of the Los Angeles Municipal Code is amended by adding definitions in pope alphabetical ode to ead: ACCESSORY DWELLING UNIT (ADU). An attached o a detached esidential dwelling unit which povides complete independent living facilities fo one o moe pesons. It shall include pemanent povisions fo living, sleeping, eating, cooking, and sanitation on the same pacel as the single-family dwelling is situated. ADUs include efficiency units, as defined in Section of the Health and Safety Code, and manufactued homes, as defined in Section of the Health and Safety Code and Movable Tiny Houses. MOVABLE TINY HOUSE. A stuctue intended fo the sepaate, independent living quates of one household fo yea-ound esidence that meets all of the following: (a) Is licensed and egisteed with the Califonia Depatment of Moto Vehicles; (b) Meets the Ameican National Standads Institute (ANSI) equiements, and cetified by a qualified thid paty inspecto fo ANSI compliance; (c) Cannot move unde its own powe; (d) Is no lage than allowed by Califonia State Law fo movement on public highways; and (e) Has not less than 150 and no moe than 430 squae feet of habitable living space, including bathooms and fixed countes. Sec. 2. Subsection A of Section of the Los Angeles Municipal Code is amended by adding a new Subdivision 32 to ead: 32. Accessoy Dwelling Units (ADU). (a) Pupose. The pupose of this Subdivision is to povide fo the ceation of ADUs in a manne consistent with Califonia Govenment Code Sections , as amended fom time to time. (b) Geneal Povisions. An ADU shall be appoved if in compliance with all of the following povisions: (1) All applicable objective povisions equied pusuant to Chapte 1 of this Code, including such povisions stated in the undelying applicable zoning and height

7 CPC CA O-2 distict, Specific Plan, Histoic Pesevation Ovelay Zone, Community Planning Implementation Ovelay and othe applicable zoning odinances, policies o othe documents established pusuant to Chapte 1, Aticle 3 of this Code. In instances whee thee is conflict, this section shall goven. An ADU that complies with this subdivision shall not equie a discetionay planning appoval. The poject shall be eviewed in a ministeial and administative manne limited in scope only consideing the poject s compliance with the applicable objective standads. (2) Except whee othewise pohibited by this section, an ADU is pemitted in all zones whee esidential uses ae pemitted by ight. (3) Except fo convesions meeting the equiements of subdivision (e), below, no ADU is pemitted on any lot located in a Hillside Constuction Regulation (HCR) Supplemental Use Distict pe Section of this Code. (4) Only one ADU is pemitted pe lot. (5) An ADU is pemitted only on a lot that contains an existing single-family dwelling unit o whee a new single-family dwelling unit is poposed. (6) In multiple family zones, an ADU will be counted towads the oveall numbe of dwelling units as pemitted by the zone. (7) ADUs may be ented but shall not be sold sepaate fom the existing o poposed single-family dwelling unit on the same lot. Movable Tiny Houses may be sold when emoved fom the lot. (8) No passageway fo the ADU, no space between buildings, as pe LAMC C.2, is equied in conjunction with the constuction of an ADU. Building Code sepaation equiements still apply. (9) No additional setbacks shall be equied fo a lawfully existing gaage o lawfully existing space above o abutting a gaage, conveted to an ADU o potion of an ADU. (10) Fo newly constucted ADUs attached to o located above any lawfully existing gaage, setbacks fom the side and ea lot lines shall be the lesse of such setbacks as equied by the Zoning Code, o five feet. (11) ADUs, except fo Movable Tiny Houses, ae equied to follow the same Building Code and Residential Code equiements as the existing o poposed single-family dwelling unit. (12) ADUs ae not equied to povide fie spinkles if they ae not equied fo the existing single-family dwelling unit. (13) Paking Requiements: (i) One paking space is equied pe ADU, except that no paking is equied fo an ADU: a. Located within one-half mile of a public tanspotation stop along a pescibed oute accoding to a fixed schedule; o b. Located within one block of a ca shae paking spot; o c. Located in an achitectually and histoically significant distict listed in o fomally detemined eligible fo listing in the National Registe of

8 CPC CA O-3 (ii) (iii) (iv) Histoic Places o Califonia Registe of Histoical Resouces o located in any City Histoic Pesevation Ovelay Zone; o d. Which is pat of the poposed o existing pimay esidence o an existing accessoy stuctue. Paking is allowed in setback aeas, except in equied font yads when paking must be located on an existing diveway. Paking may be povided though tandem paking whee two o moe automobiles ae paked on a diveway o in any othe location on a lot, lined up behind one anothe. Diveway access aeas located in the equied font yad shall not be expanded to povide equied paking. Othe objective paking and diveway standads in the LAMC apply, including those found in A.5 and G. When a gaage, capot o coveed paking stuctue is demolished in conjunction with the constuction of an ADU o conveted to an ADU, any lost off steet paking spaces shall be eplaced. Replacement paking spaces may be located in any configuation on the same pacel as the ADU, including but not limited to coveed spaces, uncoveed spaces, tandem spaces, o by the use of mechanical automobile paking lifts. Section A.6(d) of this Code shall not apply to paking equied fo an ADU, o to eplacement paking spaces povided pusuant to Subsubpaagaph (iii). (c) Detached Accessoy Dwelling Unit Requiements. Detached ADUs must comply with the Section C.5 whee applicable, and all povisions in paagaph (b), and all of the following: (1) Detached ADUs ae allowed up to a maximum of 1,200 squae feet. (2) Detached ADUs shall not be geate than two stoies. (3) Limits on total Floo Aea (including Residential Floo Aea) on a lot apply sepaately and may futhe limit allowable Detached ADU squae footage. (4) Detached ADUs shall not be located between the poposed o existing singlefamily dwelling unit and the steet adjoining the font yad, except in the following cases: (i) Whee the building is on a Though Lot and complies with LAMC C.19 and C.5(k); o (ii) Whee the ADU is being added to a lawfully existing gaage o accessoy stuctue building. (5) In pacels whee equine keeping is allowed, as well as pacels abutting o adjacent to such pacels, in addition to existing sepaation equiements in the LAMC, all of the following povisions apply: (i) No pat of the ADU shall be located at a distance measued fom the ea lot line that is less than the distance measued between the closest pat of the ADU to the ea wall of the existing o poposed single-family dwelling unit;

9 CPC CA O-4 (ii) No pat of the ADU shall be moe than 50 feet fom the futhest point on the ea wall of the existing single-family dwelling unit; and (iii) Fo lots geate than 60 feet in width, side yad setbacks shall be at least 10 feet. (d) Attached Accessoy Dwelling Unit Requiements. Attached ADUs can be eithe attached to o completely contained within an existing o poposed single-family dwelling unit and must comply with all povisions in paagaph (b) and all of the following: (1) Attached ADUs may not esult in an incease in total floo aea exceeding 50% of existing o poposed living aea of the pimay stuctue up to a maximum of 1,200 squae feet. Fo this pupose, living aea means inteio habitable aea of a dwelling unit including basements and attics but does not include a gaage o any accessoy stuctue. (2) Limits on total Floo Aea (including Residential Floo Aea) on a lot apply sepaately and may futhe limit allowable Attached ADU squae footage. (3) Attached ADUs must comply with the Section C.5 whee applicable. (e) Convesions of Lawfully Pe-Existing Space Notwithstanding any of the above povisions of this subdivision to the contay, one ADU pe popety will be appoved if the unit complies with all of the following: (1) The ADU is fully contained within a lawfully existing single-family esidence o a lawfully existing accessoy stuctue. ADUs not meeting this citeia may still eligible as an attached o detached ADU. (2) The ADU has independent exteio access fom the existing esidence, is located on a pacel zoned fo one-family dwellings and the side and ea setbacks ae sufficient fo fie safety. (3) The ADU complies with o is upgaded to meet all applicable Building and Residential Codes fo the poposed use. (4) The ADU does not involve any addition o expansion of new floo aea to the stuctue. Existing floo space fo any peviously occupied use, which as a esult of the convesion becomes new Residential Floo Aea, is exempt fom the Residential Floo Aea equiements povided the pe-existing space is solely located within lawfully existing walls. (f) Requiements fo Movable Tiny Houses as Accessoy Dwelling Units. Movable Tiny Houses must comply with all equiements fo Detached ADUs and all of the following povisions: (1) Only one Movable Tiny House is allowed to be located on a pacel and no pacel may be appoved fo moe than one moveable tiny house in a twelve month peiod. (2) Movable Tiny Houses shall be located behind the pimay dwelling unit and shall not be located in any equied font yad.

10 CPC CA O-5 (3) When sited on a pacel, the undecaiage (wheels, axles, tongue and hitch) shall be hidden fom view. (4) If the wheels ae emoved so the unit may sit on a foundation, the foundation equiements fo a Movable Tiny House shall follow the State appoved equiements fo foundation systems fo manufactued housing. If the wheels ae not emoved, the wheels and leveling o suppot jacks must sit on a paving suface compliant with LAMC A.6(c), and the wheels and undecaiage must be hidden. (5) Mechanical equipment shall be incopoated into the stuctue and not located on the oof. (6) Movable Tiny Houses shall be connected to wate, sewe and electic utilities. (7) Moveable Tiny Houses ae not equied to have sepaate steet addesses fom the pimay unit. (8) Movable Tiny Houses ae not equied to have spinkles, but shall follow the ANSI standads elating to health, fie and life-safety. (9) Movable Tiny Houses shall have the following design elements: (i) Cladding and Tim - Mateials used on the exteio of a moveable tiny house shall exclude single piece composite, laminates, o intelocked metal sheathing; (ii) Windows - Windows shall be at least double pane glass and labelled fo building use, shall include exteio tim, and excludes windows and doos that have adius cones fo windows and doos; (iii) Roofing - Roofs shall have a minimum of a 12:2 pitch fo geate than 50% of the oof aea, and shall be in compliance with building code oofing mateial; and (iv) Living Aea Extensions - all exteio walls and oof of a moveable tiny houses used as ADUs shall be fixed with no slide-outs, tip-outs, no othe foms of mechanically aticulating oom aea extensions. (g) Dwelling Units Built Behind a Conveted ADU. A dwelling unit constucted between a legally established ADU that was ceated as a esult of a convesion of an entie main home and the ea lot line shall not exceed 1,200 squae feet. (h) Zoning Administato Authoity. It is the intent of the City to etain all potions of this Subdivision egading ADUs not in conflict with state law. The Zoning Administato shall have authoity to claify, amend o evoke any povision of this Subdivision as may be necessay to comply with any futue amendment to state law egading ADUs. Sec. 3. Subdivisions 43 and 44 of Subsection W of Section of the Los Angeles Municipal Code ae heeby epealed. Sec. 4. Section C.3(e) of the Los Angeles Municipal Code is amended to ead:

11 CPC CA O-6 SEC PARK FEES AND LAND DEDICATION C. Subject Popeties. All new esidential dwelling units and joint living and wok quates shall be equied to dedicate land, pay a fee o povide a combination of land dedication and fee payment fo the pupose of acquiing, expanding and impoving pak and eceational facilities fo new esidents. Fo the puposes of this Section, dwelling units, second dwelling units in a single family zone, Accessoy Dwelling Units, and joint living and wok quates shall be efeed to as "dwelling units" o "esidential dwelling units". fee: 3. Exemptions. The following types of development shall not be equied to pay a pak (e) Second dwelling units in single-family zones. Accessoy Dwelling Units. Sec. 5. SEVERABILITY. If any povision of this odinance is found to be unconstitutional o othewise invalid by any cout of competent juisdiction, that invalidity shall not affect the emaining povisions of this odinance, which can be implemented without the invalid povisions and, to this end, the povisions of this odinance ae declaed to be seveable. The City Council heeby declaes that it would have adopted each and evey povision and potion theeof not declaed invalid o unconstitutional, without egad to whethe any potion of the odinance would be subsequently declaed invalid o unconstitutional.

12 FINDINGS I. GENERAL PLAN/CHARTER FINDINGS City Chate Section 556 In accodance with Chate Section 556, the poposed odinance is in substantial confomance with the pupose, intent and povisions of the Geneal Plan in that it would futhe accomplish the following goals, objectives and policies of the Geneal Plan outlined below. Geneal Plan Famewok Element The poposed odinance will meet the intent and puposes of the Geneal Plan Famewok Element to encouage the ceation of housing oppotunities fo households of all types and income levels, while at the same time peseving the existing esidential neighbohood stability of single-family zoned neighbohoods and pomoting livable neighbohoods. Accessoy Dwelling Units, as a housing typology, futhes those goals as they incease capacity and availability of housing without significantly changing neighbohood chaacte. In paticula, the odinance would futhe the intent and pupose of the Famewok Element of the following elevant Goals and Objectives: Goal 3B - Pesevation of the City s stable single-family esidential neighbohoods. Objective Ensue that the chaacte and scale of stable single-family esidential neighbohoods is maintained, allowing fo infill development povided that it is compatible with and maintains the scale and chaacte of existing development. The poposed odinance is in substantial confomance with the intent to peseve the City s stable single-family neighbohoods as it would esult in elatively mino alteations to a small faction of single-family popeties each yea and those alteations would be compatible with existing egulations govening accessoy buildings. In othe wods, the odinance would not allow an accessoy building to be built that was not aleady allowed in the same location with the same size and scale. The use inside the building may be diffeent, but the scale and achitectual chaacte will not be alteed. The standads set foth in the poposed odinance equie that the lot be zoned fo esidential use and contain an existing o poposed single-family dwelling. No moe than one ADU would be pemitted pe lot. Futhemoe, the odinance would equie that any detached ADU o ADU addition to existing space be limited in size and not be located between the font of the pimay esidence and the steet. Theefoe, these units would eithe be built behind the main home, o attached to the ea of the existing o poposed home. In eithe case, the ADUs ae unlikely to be significantly diffeent in chaacte fom existing o poposed typical ea yad stuctues such as gaages o caiage houses. They ae also unlikely, in the majoity of cicumstances, to be significantly visible fom the public way. In addition, the poposed odinance would equie that the inceased floo aea of an attached second unit not exceed fifty pecent of the existing o poposed floo aea, up to a maximum of 1,200 squae feet. This limitation helps diffeentiate an attached ADU fom a taditional duplex whee the two units ae of simila size, which is not pemitted in single-family zones. Any new ADU must futhe comply with City s objective zoning

13 CPC CA F-2 equiements elating to height, setback, lot coveage, floo aea, achitectual eview, and othe applicable zoning equiements. Additional standads to potect the unique chaacte of aeas that allow fo equine (hose) keeping have also been included. In total, these standads ensue that the chaacte and scale of stable single-family esidential neighbohoods is maintained and offe significant potections against out-of-scale new development in single-family neighbohoods. The State Legislatue has detemined it is appopiate to povide fo accessoy dwelling units within single-family and multifamily zoned aeas absent specific advese impacts on the public health, safety, and welfae that could esult fom allowing accessoy units within single-family and multifamily zoned aeas (Gov. Code (c)). The City s Housing Element also povides fo second units within single-family and multifamily zoned aeas, as a matte of citywide policy. The poposed odinance will incease housing poduction and capacity in single-family and multifamily neighbohoods on lots designed to accommodate moe than one independent esidence within the existing home o as a sepaate stuctue, as pat of the City s oveall goal to incease housing poduction and capacity in the City oveall to accommodate the existing and expected inceases in population. Goal 4A - An equitable distibution of housing oppotunities by type and cost accessible to all esidents of the City. The odinance would also futhe a moe equitable distibution of housing oppotunities as it would pemit a geate divesity of dwelling units in aeas of the City that would othewise eceive little additional housing. This ceates additional oppotunities fo homeownes to puchase and stay in thei homes, as well as fo entes to live in aeas they might othewise be excluded fom. ADUs ae geneally smalle than the pimay home on the popety, adding to the divesity and type of housing available in the City. The odinance would facilitate the constuction and pesevation of a ange of diffeent housing types that addess the paticula needs of the city s households, including the eldely, disabled family membes, in-home health cae povides, and young adults. The poposed odinance theeby expands ental and homeowneship accessibility in single-family and multifamily neighbohoods fo all esidents of the City. Objective Reduce egulatoy and pocedual baies to incease housing poduction and capacity in appopiate locations. The odinance would educe the egulatoy and pocedual baies to the opeation and placement of accessoy dwelling units by poviding fo implementation of the ministeial development standads in Govenment Code Section (b)(1) in appoving accessoy dwelling units on a City wide basis. The odinance claifies egulations egading accessoy dwelling units by incopoating state law equiements into the City s zoning equiements. It would also expessly pemit ADUs on multifamily lots and allow fo a geate vaiety of ADUs to be built. Policy c. - Coodinate City opeations and development policies fo the potection and consevation of open space esouces, by peseving natual viewsheds, wheneve possible, in hillside and coastal aeas.

14 CPC CA F-3 The odinance would estict the constuction of ADUs in tageted Hillside aeas coveed by the City s Baseline Hillside Odinance (BHO), theeby contibuting to the pesevation of natual viewsheds in these aeas. Housing Element The ADU housing typology is specifically called out by the Housing Element as a way to facilitate the povision of additional ental housing types and help make homeowneship moe affodable. The Housing Element includes a specific Pogam (o implementation action) to alleviate baies to inceased constuction of ADUs (Pogam 68 in the cuent Housing Element). In addition, the poposed odinance is in substantial confomance with the pupose, intent and povisions of the Geneal Plan in that it would futhe accomplish the goals, objectives and policies of the Housing Element outlined below. Objective Reduce egulatoy and pocedual baies to the poduction and pesevation of housing at all income levels and needs. Policy Steamline the land use entitlement, envionmental eview, and building pemit pocesses, while maintaining incentives to ceate and peseve affodable housing. The poposed odinance would steamline the land use entitlement, envionmental eview, and building pemit pocesses fo the opeation and placement of accessoy dwelling units as it: (1) expessly pemits ADUs on multi-family lots; and (2) allows fo a geate vaiety of ADUs to be built. The odinance would also futhe a moe equitable distibution of housing oppotunities as it would pemit a geate divesity of dwelling units in aeas of the City that would othewise eceive little additional housing. Policy Encouage and incentivize the pesevation of affodable housing, including non-subsidized affodable units, to ensue that demolitions and convesions do not esult in the net loss of the City s stock of decent, safe, healthy o affodable housing. The poposed odinance encouages and incentivizes the pesevation of non-subsidized affodable units by making it moe likely they ae able to be legalized in the futue and theefoe will not have to be demolished. Objective Poduce an adequate supply of ental and owneship housing in ode to meet cuent and pojected needs. Policy Expand affodable homeowneship oppotunities and suppot cuent homeownes in etaining thei homeowne status. The poposed odinance expands the potential fo affodable homeowneship oppotunities and may suppot cuent homeownes as the supplemental ental income fom an ADU may allow households to affod homeowneship who othewise may be unable. Policy Expand affodable ental housing fo all income goups that need assistance.

15 CPC CA F-4 The poposed odinance expands the ceation of additional ental housing options by suppoting the ceation of additional ADU units, which adds to the oveall ental housing supply, which has the potential to esult in lowe ents by inceasing the oveall vacancy ate in the City. The poposed odinance futhe accomplishes this policy, in that ADUs may be moe affodable to ent than othe types of housing. Policy Facilitate new constuction and pesevation of a ange of diffeent housing types that addess the paticula needs of the city s households. The poposed odinance facilitates the constuction and pesevation of a ange of diffeent housing types that addess the paticula needs of the city s households, including but not limited to the eldely, disabled family membes, in-home health cae povides, and young adults. Policy Facilitate innovative models that educe the costs of housing poduction. By allowing fo Accessoy Dwelling Units and Movable Tiny Houses, the poposed odinance also facilitates innovative housing types that could educe the typical cost of new constuction, because the cost of land does not have to be factoed into the development costs. Finally, the odinance would suppot the intent and puposes of the Housing Element of the Geneal Plan egading ADUs in that it affims that the City should follow, as a matte of policy, state law standads fo appoving second units (2013 Housing Element, pages 2-11 though 2-12). City Chate Section 558(b)(2) In accodance with Chate Section 558(b)(2), the adoption of the poposed odinance would be in confomity with public necessity, convenience, geneal welfae and good zoning pactice fo the following easons: The poposed odinance is in confomity with public necessity because it: (1) bings the City s egulations into compliance with state law; (2) bings the City s egulations into compliance with the Housing Element of the Geneal Plan; and, (3) allows the continued pocessing of pemit applications fo ADUs. The poposed odinance is in confomity with public convenience and geneal welfae fo the same easons as stated above. The poposed odinance is additionally in confomity with public convenience and geneal welfae because it povides a locally-tailoed ADU policy that is in confomance with the intent of State law. The poposed odinance is in confomity with good zoning pactice fo easons (1), (2) and (3) as stated above.

16 CPC CA F-5 II. STATE ACCESSORY DWELLING UNIT LAW FINDINGS Hillside Restiction The poposed odinance would estict the new constuction of ADUs in tageted Hillside Aeas that ae subject to the Hillside Constuction Regulation Supplemental Use Distict (HCR SUD). Convesion of most existing stuctues to ADUs will still be pemitted. State law pemits local juisdictions, by odinance, to designate aeas within the juisdiction of the local agency whee accessoy dwelling units may o may not be pemitted. The designation of aeas may be based on citeia that may include, but ae not limited to, the impact of accessoy dwelling units on taffic flow and public safety. Los Angeles is a unique city fo the amount of mountain teain and hillside aeas located within its boundaies. Given thei unique chaacteistics and development challenges, these aeas have long had distinct zoning and land use policies, including the development egulations contained in the Baseline Hillside Odinance (BHO) and the HCR SUD. City policies aim to peseve natual viewsheds, wheneve possible, in hillside and coastal aeas (Geneal Plan Famewok 6.1.2). The City s cuent second unit odinance in LAMC W.43 pecludes second unit development within defined Hillside Aea boundaies. The poposed odinance would continue this policy by poviding that second units that add any new squae footage not be allowed in Hillside aeas coveed by the HCR SUD. The HCR SUD applies to appoximately 614 singlefamily lots (6.5% of the City s total single-family popeties). State law equies that, egadless of egulations that apply boadly to ADUs, the convesion of existing space of a single-family esidence o existing accessoy stuctue to ADU shall be appoved if two conditions ae met (PCR (e)). Hillside aeas ae often chaacteized by lage amounts of natual vegetation and substandad steets. They ae typically not located nea public tansit, sevices o jobs. Impacts of new constuction can be multiplied in hillside neighbohoods, with ponounced impacts on wate and sewe sevices, congestion, paking availability and oadway degadation. Based on the above, the impacts of additional development, in Hillside Aeas, beyond what is aleady planned o allowed though existing zoning and vested popety inteests, needs to be caefully managed. ADUs, which do not equie discetionay eview and envionmental analysis unless equiing a discetionay pemit (like a haul oute pemit), pesent paticula issues elating to the likelihood of close poximate hillside development pojects that have the potential to ceate public safety impacts due to constuction vehicles and machiney that pak on and tavese often substandad hillside steets. Hillside Aeas coespond, in lage pat, with Vey High Fie Hazad Seveity Zones (VHFHSZ), which means thee has been detemined to be a significantly highe fie and natual disaste isk in those aeas. Dy bush, which is pevalent in Southen Califonia, is acutely pone to fies. Bush fies continue to be a majo theat to life and popety in VHFHSZ aeas due to unique fuel, teain, and climatic conditions. The hazad is especially geat when dy "Santa Ana winds aive, usually in the fall and winte seasons, as evidenced by the ecent 2017 wildfies efeed to as the "Skiball Fie in the Bel Ai neighbohood of the City of Los Angeles and the "Ceek Fie in the Sylma neighbohood of the City of Los Angeles. The "Skiball Fie affected appoximately 422

17 CPC CA F-6 aces in the Bel Ai neighbohood, destoying six stuctues and damaging twelve stuctues.1 The "Ceek Fie affected the aea fou miles east of Sylma in the San Gabiel Mountains, buning 15,619 aces, destoying 123 stuctues, and damaging 81 stuctues. 2 The HCR SUD applies to some of the City s most sensitive Hillside Aea neighbohoods. It was established in ode to povide a moe context-sensitive set of development egulations fo Hillside Aea neighbohoods that wee expeiencing paticulaly acute constuction-elated impacts of hillside development. The HCR SUD places futhe estictions on home size, maximum gading allowances, and hauling opeations standads and conditions in ode to lessen the impact of constuction of lage-scale and small-scale hillside developments on naow, substandad steets and windy, hillside standad steets. The HCR SUD was applied in these aeas to addess impacts to communities expeiencing fequent constuction activity. The HCR SUD is intended to povide futhe egulation to addess potions of the Hillside Aea that ae expeiencing the highest intensity of development. The development of ADUs poses paticula public safety and quality of life concens in hillside neighbohoods such as these, paticulaly elated to intensity of development, povision of paking, oadway access and emegency esponse. Fo these easons the daft odinance places a estiction on ADUs in tageted Hillside Aeas that ae subject to the Hillside Constuction Regulation Supplemental Use Distict (HCR SUD). 1 Los Angeles Fie Depatment, Skiball Fie Update, accessed Febuay 22, National Wildfie Coodinating Goup, InciWeb Incident Infomation System, Ceek Fie, accessed Febuay 22, 2018.

18 CPC CA F-7 III. CEQA FINDINGS Statutoy Exemption - PRC Section Pusuant to Section of the Califonia Public Resouces Code, the adoption of the poposed odinance is statutoily exempt fom the Califonia Envionmental Quality Act (CEQA). Unde PRC Section , CEQA does not apply to the adoption of an odinance by a city o county to implement the povisions of Section of the Govenment Code (the state ADU law). The poposed odinance, if adopted, implements Govenment Code Section within the City of Los Angeles in a manne that is consistent with the equiements of state law. As such, the adoption of the poposed odinance is exempt fom CEQA. As poposed, the City s odinance would adopt the state s ADU mandates, as well as place additional estictions on ADUs consistent with the povisions in the state ADU law. The state ADU unit law expessly authoizes local agencies to adopt additional estictions so long as the additional estictions do not conflict with o invalidate the egulations established in the state law. The poposed odinance includes the following additional povisions to implement state ADU law in the City: A estiction on constuction of new ADUs in Hillside aeas coveed by the City s Hillside Constuction Regulation Supplemental Use Distict (HCR SUD) pe LAMC Section (this estiction does not apply to convesions of legally existing floo aea to ADUs) A pohibition on siting ADUs between the font of the pimay esidence and the steet Mandate that paking fo an ADU may only be located in equied font yad setback if located on an existing diveway. Distancing equiements on ADUs that ae eithe, (1) located on lots whee equine keeping uses ae allowed by the undelying zone, o (2) on a lot that is adjacent to anothe lot whee equine keeping uses ae allowed, to ensue that equine keeping is not pecluded by an ADU. This includes the following distancing equiements: o ADU must be located close to the main home than the ea lot line o ADU must always be within 50 feet of the main home o Fo lots wide than 60 feet, ADUs must adhee to 10 foot side yad setbacks An allowance fo movable tiny homes of no moe than 430 squae feet in size to be consideed an ADU, povided they comply with cetain esidential design standads Categoical Exemptions - CEQA Guidelines Sections 15301, 15302, In addition to the statutoy exemption, this Poject is categoically exempt fom CEQA as discussed below. Class 1 Exemption To the extent that the poposed odinance allows the convesion of existing accessoy stuctues to ADUs, the odinance additionally qualifies fo the Class 1 Categoical Exemption. A poject qualifies fo a Class 1 Categoical Exemption if it involves negligible o no expansion of an existing use, including small additions to existing stuctues. Any convesion o legalization of an existing

19 CPC CA F-8 ADU which may occu as a esult of this odinance would be subject to this exemption. Legalization of an existing dwelling unit would also be subject to a common sense exemption as it would not change the baseline conditions. CEQA Guidelines Section 15061(b)(3). Class 2 Exemption To the extent that the poposed odinance would also allow fo the eplacement o econstuction of existing stuctues that would not othewise occu, the odinance additionally qualifies fo the Class 2 Categoical Exemption. A poject qualifies fo a Class 2 Categoical Exemption if it involves the eplacement o econstuction of existing stuctues and facilities whee the new stuctue would be located on the same site and have substantially the same pupose and capacity as the peexisting stuctue. Class 3 Exemption Class 3 exempts the development of accessoy dwelling units. CEQA Guidelines Section 15303(a). Exceptions Thee is no evidence in the ecod which demonstates that any of the six (6) Exceptions fom CEQA Guidelines Section apply to the poposed odinance: (a) Location; (b) Cumulative Impacts; (c) Significant Effect; (d) Scenic Highways; (e) Hazadous Waste Sites; and (f) Histoical Resouces. (a) Location. While it is possible that an ADU may be located within a "sensitive envionment (such as a Liquefaction Zone, Fault Zone, Methane Zone) as a esult of the poposed odinance, specific Regulatoy Compliance Measues (RCMs) in the City of Los Angeles egulate the gading and constuction of pojects in these paticula types of locations and will educe and potential impacts to less than significant. These RCMs have histoically poven to wok to the satisfaction of the City Enginee and State Building Code standads to educe any impacts fom the specific envionment a poject may be located in. Thus, the poposed odinance will not esult in a significant impact based on the potential location of an ADU. (b) (c) Cumulative; and Unusual Cicumstance-Significant Impact ADUs ae limited to one pe lot. Based on histoical ADU development, it is not foeseeable that the poposed odinance would esult in a succession of pojects of the same type and in the same place. As discussed, the odinance esticts ADUs to aeas zoned and designated fo such development, and places futhe estictions on the allowable size and scale to ensue that any ADU is consistent with suounding development. ADUs in the City ae not unusual and the poposed egulations will ensue that futue development of ADUs will not be built in location, size o scope that will esult in unusual cicumstances. The City s standads ae intended to offe

20 CPC CA F-9 significant potections against out-of-scale new development in equine keeping disticts and the City s envionmentally-sensitive HCR SUD aeas. As such, the effect of the poposed povisions would be to povide futhe envionmental potections and would not have a significant effect on the envionment. Geneally, a Univesity of Califonia, Bekeley study suggests that ADUs would have a lowe envionmental impact than othe esidential typologies. ADU esidents may have fewe cas and utilize public tanspotation moe often than the geneal population. In communities aleady seved by tansit, ADUs can povide new homes without the potential of adding significant new taffic. Any potential fo new ADU constuction that would esult fom the passage of the poposed odinance would have insignificant impact. Additionally, the City s analysis shows that these additional povisions ae not anticipated to significantly alte the numbe o location of new ADUs. Hillside Constuction Regulation Supplemental Use Distict (HCR SUD) Restiction The povisions that impose a estiction on constuction of new ADUs in tageted Hillside Aeas that ae subject to the Hillside Constuction Regulation Supplemental Use Distict (HCR SUD) ae not anticipated to have a significant effect on the envionment. The poposed odinance would povide that accessoy dwelling units, unless contained within the existing space of a single-family esidence o existing accessoy stuctue, not be allowed in Hillside aeas coveed by the HCR SUD. The HCR SUD applies to appoximately 614 singlefamily lots (6.5% of the City s total). Based on pio histoy of ADU development, thee is no evidence to conclude that a estiction on ADUs in the HCR SUD would esult in an incease in ADU development in othe locations. ADUs ae geneally constucted by individual homeownes, ae limited to one pe lot. If a homeowne was pevented fom constucting a new ADU as a esult of the egulation, they would have the option of ceating an ADU fom existing space o not ceate an ADU. In eithe event, this would not be expected to esult in an incease in development elsewhee. In the time since the City has begun implementing the new State standads povided in Govenment Code Section on Januay 1,2017, a small faction of new ADUs have been pemitted in aeas coveed by the HCR SUD, despite a maked incease in the total numbe of ADU pemits issued unde the State laws. A total of 2,342 pemits wee issued fo ADUs in 2017, of which appoximately 22 wee located in the HCR SUD. This epesents less than one pecent of the total ADU pemits issued in the City, despite the fact that 6.5 pecent of all single-family pacels ae located in the HCR SUD. The lowe amount of ADU constuction in the HCR SUD likely eflects the difficult topogaphy and unique constuction egulations that aleady exist in these aeas (including the Baseline Hillside Odinance, in addition to the HCR SUD estictions). The vast majoity of 2017 ADUs pemitted in the HCR SUD (68 pecent) wee convesions of existing space which, consistent with state law, would not be pohibited unde the HCR SUD povision that is unde consideation. Appoximately 2 ADUs in the HCR SUD wee new constuction, while appoximately 5 wee additions. This is a significantly lowe pecentage of new constuction and additions than the City as a whole, indicating that ADUs in the HCR SUD ae

21 CPC CA F-10 much less likely to involve new constuction of a standalone stuctue. Fo these easons, futhe esticting the constuction of ADUs in the HCR SUD is theefoe not expected to esult in substantial development of othe housing elsewhee. Movable Tiny Homes The povisions that allow fo movable tiny homes of no moe than 430 squae feet in size to be consideed an ADU ae not anticipated to have a significant effect on the envionment. Movable tiny homes ae an altenate type of housing stuctue that fall unde the State definition of an accessoy dwelling unit, defined as "an attached o detached esidential dwelling unit which povides complete independent living facilities fo one o moe pesons. It shall include pemanent povisions fo living, sleeping, eating, cooking, and sanitation on the same pacel as the singlefamily dwelling is situated (Gov. Code Section (i)(4)). The inclusion of movable tiny homes into the poposed odinance would not foeseeably esult in new development that would esult in potential cumulative impacts. While movable tiny homes povide a lowe-cost option when building an ADU, thee is no evidence to suggest that thee would be a significant incease in the numbe of ADUs in the City as a esult of this povision, and theefoe it is not anticipated that it would esult in any potential impacts. The City of Fesno was the fist city in the County to adopt simila povisions allowing movable tiny homes to be used as accessoy dwelling units. In the time since the City began implementing the new egulations on Januay 1, 2018, zeo movable tiny homes have been appoved in the City of Fesno. Siting Requiements in Equine Keeping Aeas The povisions that establish siting equiements fo ADUs located in equine keeping aeas ae not anticipated to have a significant effect on the envionment. As descibed, the poposed odinance would place siting equiements fo ADUs located on lots whee equine keeping is a pemitted use, in ode to locate the ADU in close poximity to the main home on a lot and ensue that the ADU does not peclude futue equine keeping on neighboing lots. Cuent egulations in LAMC C.5(a) equie that new equine enclosues ae located at least 75 feet fom the habitable ooms of a neighbo s dwelling unit in ode to potect the health and safety of the esidents. Thee is no evidence to conclude that additional estictions on the siting of ADUs on lots in equine keeping aeas would esult in an incease in ADU development in othe locations. The pimay effect of this povision would be to influence the siting location of an ADU on an individual lot, which would not meaningfully have any impact on the ability to constuct an ADU o influence individual decisions to build an ADU. ADUs ae constucted by individual homeownes, and ae limited to one pe lot. (d) State Scenic Highway. Accoding to Appendix B of the City of Los Angeles Mobility Plan, thee ae no designated state scenic highways located within the City of Los Angeles.

22 CPC CA F-11 (e) Hazadous Waste. It is not foeseeable that an ADU would be located in a Hazadous Waste Site, as the odinance equies that the site aleady contain a single-family esidence o would allow a new single-family esidence to be constucted simultaneously and this condition would have been veified upon constuction of the home. (f) Histoical Resouces. Any ADU constucted on a poject site identified as a histoic esouce o eligible fo listing in the National Registe of Histoic Places, Califonia Registe of Histoical Resouces, the Los Angeles Histoic-Cultual Monuments Registe, and/o any local egiste would be futhe subject to histoic eview and appoval by the Los Angeles Office of Histoic Resouces pusuant City equiements on cultual monuments and HPOZs.