Item 11 March 5, 2014

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1 Item 11 March 5, 2014 Planning and Development Department Land Use Planning Division MEMORANDUM DATE: February 27, 2014 TO: FROM: SUBJECT: Members of the Planning Commission Jordan Harrison, Associate Planner Zoning Amendments: Accessory Dwelling Units (ADUs) Recommendation Consider the background and analysis in the attached December Staff Report and provide direction on the questions listed below pertaining to regulation of Accessory Dwelling Units (ADUs). Background On December 18, 2013, staff introduced the 10 items in the City Council (CC) referral to the Commission, provided background data, and identified issues needing Planning Commission (PC) direction. The staff report included the following tools to assist with the PC s consideration: Staff analysis of the CC referral, including staff suggestions pertaining to each referral item (Att. 2 of the 12/18/13 report); Map showing the relationship between lot size, transit, residential permit parking areas, and the Hillside Overlay (Att. 3 of 12/18/13 report); Illustration of required setbacks for new ADUs on a parcel (Att. 4 of 12/18/13 report); Relevant code sections (Att. 5 and 6 of 12/18/13 report); A UC Berkeley study on ADU feasibility in the East Bay (Att. 7 of 12/18/13 report). At the December meeting, the Commission discussed briefly each of the referral items and provided general ideas to consider in the draft language. The ideas are reflected in the questions below in order to get more firm direction from the Commission. Additionally, three letters from the public with specific suggestions on this topic have been submitted. They are attached to this packet and reflected in the questions Milvia Street, Berkeley, CA Tel: TDD: Fax: planning@ci.berkeley.ca.us

2 Accessory Dwelling Units Item 11 March 5, 2014 The Commission also asked for additional information regarding the number of ADUs built since the 2003 ADU legislation and lot size distribution data. Based on permit history, staff estimates three (3) to five (5) ADUs are approved per year, half by-right and half with an AUP. The table below provides a breakdown of the number of parcels within different lot size groupings. It shows an opportunity to capture a sizable chunk of lots within the 3,250 to 4,300 range. Lot Size Bin Parcel Frequency Less than More than The Commission also asked for information pertaining to existing lot coverage and illegal units. Unfortunately, data is not available on these topics. Discussion Based on the Commission s December discussion, the issues raised by staff in the December 18 th report, and letters received by members of the public, staff has summarized the questions pertaining to the proposed CC referral below. Staff will prepare draft zoning language based on Commission feedback on these questions. The questions are organized by CC referral item number (Att. 1 of 12/18/13 report). The CC referral items that do not have questions listed below are not considered issues. Staff has no questions for the PC on these items and plans to draft language as suggested by the CC. However, the PC is welcome to provide feedback on these items, as well. For background and suggestions pertaining to each item, see the Staff Analysis Table (Att. 2 of the 12/18/13 report). Questions regarding new ADU regulations: Item 2: Minimum Lot Size a) Should the minimum lot size be smaller than the CC proposed 4,200 s.f.? Item 3: ADU Height a) Should the height of by-right ADUs be limited to 12 feet (current regulation)? Page 2 of 3

3 Accessory Dwelling Units Item 11 March 5, 2014 b) Should the height of by-right ADUs be up to 12 feet within 4 feet of a property line and 14 feet when outside 4 feet of the property line but within the rear setback area? c) Should ADUs taller than 12 feet be allowed with an AUP (current regulation)? Item 1 and 4: ADU Location on Lot a) Allow ADUs within 4 feet of the rear or side property line by-right (not with an AUP as proposed by the CC)? Limit this to ADUs within existing, legal accessory buildings only? Item 5: On-site Parking Location a) Should the required two-foot landscape strip between the parking space and the side property line be waived for parking spaces associated with new ADUs? Item 6: Parking Space Waivers a) Should parking be waived for new ADUs within ¼ mile of transit? (See Map, Att. 3, 12/18/13 report) Should the parking waiver for new units only apply to units within a Residential Parking Permit (RPP) area? Note, this includes the northside, southside, downtown, and the blocks around North Berkeley BART only. b) Should parking be waived for new ADUs within ¼ mile of a bike boulevard? Item 7: ADU Size a) Should the maximum unit size be 640 square feet? b) Should larger units be allowed with an AUP? Up to a maximum? c) Should units smaller than 300 s.f. be allowed with an AUP? Item 10: ADUs in H-overlay a) Should ADUs require an AUP in the H-overlay? Conclusion Staff will prepare draft zoning language based on Commission feedback on these questions and the direction of the CC referral. Attachments: 1. December 18, 2013, PC Staff Report with Attachments (Att. 7 omitted) Page 3 of 3

4 Item 11 - Attachment 1 Planning Commission March 5, 2014 Item 11 December 18, 2013 Planning and Development Department Land Use Planning Division DATE: December 11, 2013 STAFF REPORT TO: FROM: SUBJECT: Members of the Planning Commission Jordan Harrison, Associate Planner Accessory Dwelling Unit City Council Referral Recommendation Consider and provide direction on the scope of zoning amendments to encourage construction of Accessory Dwelling Units recommended by the City Council. Introduction On April 30, 2013 the City Council referred to the Planning Commission a set of 10 recommendations intended to reduce barriers to the development of residential Accessory Dwelling Units (Attachment 1). At tonight s meeting, our goals are to: 1. Introduce the topics covered by the CC referral 2. Walk through the details of each recommendation and identify issues needing PC direction 3. Time permitting, gain feedback from the Commission on the referral recommendations Background The goal of the CC referral is to encourage construction of accessory dwelling units (ADUs), aka second units or in-law units, by reducing the regulatory barriers in our current ADU zoning language. ADUs are considered a way to provide new infill housing opportunities within a developed urban landscape, and are often more affordable than larger dwelling units and modern apartments. Increasingly ADUs are used as independent living options for elderly family members or homeowners. The University of California Center for Community Innovation recently prepared a study discussing the benefits of and obstacles to second units in the East Bay (Attachment 7) Milvia Street, Berkeley, CA Tel: TDD: Fax: planning@ci.berkeley.ca.us

5 Accessory Dwelling Unit Council Referral Item 11 December 18, 2013 ADUs can be within the main house or in a detached accessory building. They can be created within the existing floor area of the main dwelling unit, within an addition to the main unit, or in an existing accessory building or new accessory building. By making the ADU regulations more flexible, existing illegal units may be legalized making the units safer. State ADU Law California AB 1866 (2002) required all California cities to adopt zoning that allows second units as-of-right in single family residential districts. Berkeley complied with this law in 2003 by allowing ADUs as-of-right on single family lots subject to specific development standards. By allowing ADUs on single family lots in all residential districts, rather than just R-1, Berkeley went beyond what AB 1866 required. GP/HE Consistency Housing Element Policy H-13, Second Units, and Disaster Preparedness and Safety Element Policy S-16 both discuss second units. Policy H-13 Second Units Encourage and facilitate addition of second and small in-law units on properties with single-family homes, but not in areas with limited parking and vehicular access or that are especially vulnerable to natural disaster. (Also see Disaster Preparedness and Safety Policy S-16). Actions: A. Evaluate the accessory dwelling unit (ADU) regulations to identify and remove possible constraints to new ADUs. B. Consider adjusting zoning to allow for more ADUs and second units. Policy S-16 Residential Density in the Hills Consider changes to the existing residential zoning in high-risk, residential areas, such as the Hill Hazardous Fire Area, to reduce the vulnerability of these areas to future disasters. (See the Hill Hazardous Fire Area map on page S-10.) Actions: A. Consider zoning amendments to prevent future development, including the prohibition of new second units, in these areas or sites in these areas that are particularly vulnerable to natural disaster. (Also see Housing Policy H-17.) B. Consider fire safety, evacuation, and emergency vehicle access when reviewing secondary unit or other proposals to add residential units in these areas. The Hill Hazardous Fire Area is the Hillside Overlay (H-overlay) area on the official zoning map. It includes the Environmental Safety-Residential District (ESR; aka Panoramic Hill). The CC referral is consistent with Policy H-13 in that it proposes to remove possible constraints to new ADUs. The referral is inconsistent with Policy S-16 because it proposes to allow ADUs in the ESR District, where they are currently prohibited, and the H-overlay. Page 2 of 4

6 Accessory Dwelling Unit Council Referral Item 11 December 18, 2013 Discussion Overview of Referral The CC referral makes specific components of the ADU development standards more flexible or permissive (with one exception) in order to allow more opportunity for ADUs to be built. The four major changes introduced by the referral are: Proposed: Allow separate structure ADUs on all small lots with an Administrative Use Permit (AUP). Now: Under the current ordinance if a lot does not meet the minimum lot size (4,500 s.f.) an ADU cannot be built except when carved out of the existing house floor area. Proposed: Require an AUP for ADUs located within the H-overlay. Now: Under the current ordinance if an ADU in the H-overlay will meet the development standards it is permitted as-of-right. (Note, this referral proposal is less permissive than the current ordinance). Proposed: Allow much greater flexibility locating the ADU in rear and side yard setbacks. Now: Under the current ordinance an ADU cannot be located within four feet of the side or rear of the lot. Proposed: Facilitate as-of-right ADUs by (a) waiving the parking requirement when located near major transit and within a Residential Permit Parking (RPP) area, and (b) allowing tandem parking as-of-right. Now: Under the current ordinance one parking space per unit is required unless an AUP is obtained for tandem parking or a waiver of parking. Transit and RPP area are not currently criteria for parking waivers. Issues There are a couple of recommendations that are unclear or appear to be at odds with the goal of creating more ADUs. Some of the main issues relate to lot size, hillside overlay, and proximity to transit. Staff has prepared the following tools to help the Commission understand and differentiate the issues: Chart discussing each referral point (Attachment 2). The chart compares each recommendation to existing regulations, references the other attachments that relate to each recommendation, and identifies areas where the referral intent is unclear with highlighted rows. Map that illustrates relationships of lot size, Hillside Overlay, and proximity to transit (Attachment 3). Illustration of Before and After setback requirements for stand-alone (i.e. separate building) ADUs (Attachment 4). Zoning ordinance chapter for the R-1 (SFR) district with the sections applicable to ADUs highlighted (Attachment 5) Zoning ordinance chapter for stand-alone accessory buildings (Attachment 6). Staff will walk through each of these attachments to further describe the referral at the meeting. Staff asks that the Commission: Page 3 of 4

7 Accessory Dwelling Unit Council Referral Item 11 December 18, 2013 Consider the referral recommendations Identify any concerns with the proposed changes to current practice Provide direction on the referral recommendations, specifically the highlighted rows in the table in Attachment 2. Conclusion and Next Steps Staff anticipates three Planning Commission meetings for this topic. PC Mtg. 1 Overview of referral issues (tonight) PC Mtg. 2 Feedback on referral recommendations; set hearing (Feb 5) PC Mtg. 3 Public hearing and recommendation to CC (March) CC Mtg. 1 Adoption (Spring, 2014) Attachments: 1. City Council Referral 2. Table: Analysis of City Council Recommendations 3. Map of lot size, hillside overlay, and transit 4. Illustration of setbacks on typical lot, Before and After 5. Chapter 23D.16 with ADU-related text highlighted 6. Chapter 23D.08, standards for detached accessory buildings 7. YIMBY report see 12/18/13 report and online Page 4 of 4

8 L INDA M AIO Councilmember District 1 To: From: Subject: Honorable Mayor and Member s of the City Council Councilmember Linda Maio CONSENT CALENDAR April 30, 2013 Reducing Barriers to the Development of Residential Accessory Dwelling Units RECOMMENDATION Request that the Planning Commission and Transportation Commission investigate the feasibility of reducing barriers to the development of residential accessory dwelling units (ADUs) and consider allowing them by right if they meet certain preconditions which may include: 1) ADU would be allowed in rear of parcel. ADU allowed in front or side of parcel with AUP. 2) The subject lot shall have an area not less than 4,200 square feet. Lot size can be less than 4,200 square feet with an AUP. 3) ADU cannot exceed 12 in average height (single story). 4) ADU shall have a minimum of 4' setbacks from the rear and side property lines. ADU setbacks may be less than 4 from rear and side property lines with AUP. 5) One off-street parking space shall be dedicated to the ADU. Tandem parking may be used to fulfill this requirement. 6) Eliminate parking requirements for an ADU consistent with the following a) ADU is within 1/4 mile of a major transit line, transit hub or BART station, b) ADU is within a Residential Parking Permit zone and c) ADU would be prohibited from receiving Residential Parking Permits 7) ADU shall have a maximum floor area of 640 square feet. Remove requirement that ADUs can be no greater than 25% of main dwelling unit. 8) ADU can exceed 40% lot coverage (to a maximum of 55%) with an AUP Milvia Street, Berkeley, CA Tel: TDD: Fax: lmaio@ci.berkeley.ca.us

9 9) Allow for expediting of building permits or over the counter permits if applicant chooses to pay for the expedited service. 10) AUP required for ADUs in H and ESR zones. In all cases AUP criteria would be developed. BACKGROUND ADUs (i.e., backyard cottages or second units) enable communities to grow internally as opposed to externally, providing more housing and a diversity of housing options without consuming any additional green space. Second units can help limit suburban sprawl, accommodate the demand for new homes (including much needed senior housing and those caring for current senior residents) and bring financial and environmental sustainability to families. ADUs provide an affordable opportunity to families of several generations to live close to one another. Currently, aspects of Berkeley s Municipal Code may be creating barriers to more widespread adoption of ADUs within city limits. Reasonable modification to city code may be able to eliminate these barriers and improve permitting times to allow for more ADUs to be built where they are needed in Berkeley. By supporting second units, the City of Berkeley can become a national example for this sustainable housing type. FINANCIAL IMPLICATIONS Unknown CONTACT PERSON Linda Maio, District 1 (510)

10 Table: Analysis of City Council Recommendations Council Recommendation 1) "ADU would be allowed in rear of parcel. ADU allowed in front or side of parcel with AUP." * See also recommendation #4. 2) "The subject lot shall have an area not less than 4,200 square feet. Lot size can be less than 4,200 square feet with an AUP." 3) "ADU cannot exceed 12 in average height (single story)." Comparison to Current Regulations References Questions/Considerations Rear - More Flexible: Currently AUP required for an ADU located within the 20' rear setback. Recommendation allows ADU in rear setback area by-right. Side - More Flexible: Minimum 4' side setback cannot currently be reduced. Referral allows reduced side yard with AUP. Front - No Change: Currently an ADU within a detached accessory building (i.e. stand-alone) is allowed in the front half of the lot with an AUP, consistent with the recommendation. More Flexible. Currently ADUs are not allowed on lots smaller than 4,500 s.f. unless located entirely within the existing main building (not in an addition or new detached accessory building). Recommendation lowers the minimum lot size for by-right ADUs and allows ALL lots, regardless of lot size, to propose an ADU with an AUP. Less Flexible/No change. Currently ADUs are limited to 12 feet which can be exceeded with an AUP. Recommendation eliminates AUP option. 23D E.3 23D (Setback requirements for accessory buildings) Illustration 23D C, D & E Map 23D E.2 23D (Use table allows height to be exceeded with AUP) 4) "ADU shall have a minimum of More flexible. Currently ADUs 23D E.3 (same as #1) Attachment 2 By allowing an ADU in a detached Accessory Building to be within the 4' side yard setback and/or within 4' of the rear property line with an AUP, existing garages and other accessory buildings will be eligible for conversion to ADUs assuming the other standards are met. By lowering the minimum lot size to 4,200 s.f., an additional 952 lots are eligible for a by-right ADU. By allowing all lots, regardless of size, to propose an ADU through the AUP process, the recommendation increases the potential for new ADUs (with an AUP) by 5,426. The CC recommendation does not state an AUP may be used to allow an ADU taller than 12', as is currently the case. Staff recommends keeping the current regulations allowing for taller ADUs, up to 24' per 23D C, with an AUP. 1

11 Council Recommendation 4' setbacks from the rear and side property lines. ADU setbacks may be less than 4 from rear and side property lines with AUP." 5) "One off-street parking space shall be dedicated to the ADU. Tandem parking may be used to fulfill this requirement." 6) "Eliminate parking requirements for an ADU consistent with the following a) ADU is within 1/4 mile of a major transit line, transit hub or BART station, b) ADU is within a Residential Parking Permit zone and c) ADU would be prohibited from receiving Residential Parking Permits" 7) "ADU shall have a maximum floor area of 640 square feet. Remove requirement that ADUs Comparison to Current Regulations References Questions/Considerations are allowed by-right if 20' from the front, 20' from the rear and 4' from the side property line; with an AUP, the 20' rear setback can be reduced to 4'. Recommendation allows a less than 4' setback on the side or rear with an AUP. More Flexible. Currently tandem parking may be used to fulfill the parking requirement with AUP. Recommendation allows tandem parking to fulfill ADU parking requirement by-right. More Flexible. Currently parking waiver is possible with AUP. The AUP must find that "additional or new on-site parking would be detrimental, and that the existing parking supply in the immediate neighborhood is adequate, or that other mitigating conditions are present and apply to the property." Recommendation waives parking automatically if conditions are met. More Flexible. Currently the absolute maximum size allowable ADU size is 25% of the main 23D D Illustration 23D (Use table allows tandem parking with AUP) 23D (Asterisk in table allows waiver with AUP) 23D C Map 23D B.1 & 2 A legal parking space must be outside of the front yard setback and have a 2' landscape strip between the parking space and the lot line. Many existing lots do not meet these standards; therefore, it will not be possible to establish tandem parking for the ADU. Staff recommends the PC consider allowing front yard parking and/or waiving the 2' landscape strip for ADUs. This will create more flexibility in the placement of required parking spaces on residential lots and enable more ADUs. Staff recommends that location in the Residential Parking Permit (RPP) area not be required because the RPP area only includes the south campus, downtown, and north campus areas and excludes the western half of the city. Staff recommends keeping the prohibition on new ADUs receiving a parking permit. In addition to the new by-right waiver for lots near transit and with RPP restrictions, staff recommends keeping the current regulations allowing waiver of parking with an AUP. CC recommendation allows larger ADUs with smaller main dwelling units relative to the current regulations. Most main dwelling units are smaller

12 Council Recommendation can be no greater than 25% of main dwelling unit." 8) "ADU can exceed 40% lot coverage (to a maximum of 55%) with an AUP." 9) "Allow for expediting of building permits or over the counter permits if applicant chooses to pay for the expedited service." 10) "AUP required for ADUs in H and ESR zones." Comparison to Current Regulations References Questions/Considerations dwelling unit or 640 square feet, whichever is less. The minimum size (for main dwellings units smaller than 1,200) is 300 square feet. Recommendation retains the 640 s.f. absolute maximum, but eliminates the limitation that the ADU be no larger than 25% of the main dwelling unit floor area. More Flexible. Currently if the maximum lot coverage is met or exceeded on a lot no new floor area may be added. This prevents an ADU located within a new detached accessory structure or addition to the main unit. Recommendation allows additions of floor area to lots that are over for lot coverage only for ADUs. No Change. Expedited permitting for building permits is currently available. Over-thecounter review is not feasible because the building code and zoning regulations are so complex. Hillside-overlay - Less Flexible: Currently ADUs are allowed byright in H- overlay, no different from other residential districts, if they meet the setback, parking, and height standards. The CC than 2,560 s.f. (640s.f.x4); therefore most ADUs are currently limited to 25% of the main unit floor area. This is often a very small unit. With the change, most ADUs will be closer to 640 square feet and be more livable. Staff also recommends allowing a smaller than 300 s.f. ADU with an AUP in order to increase flexibility. 23D E Currently maximum lot coverage varies from 40-50% depending on district, number of stores, and lot orientation (corner vs. through lot). Staff assumes the referral only allows new floor area that will be used for a new ADU to increase the lot coverage over the applicable maximum, up to 55%, with an AUP. For lots that do not yet exceed their coverage limit, any floor area over the limit must be used for the new ADU. For lots that already exceed the coverage limit, any new floor area must be used for the ADU. Table 23D Map GP Policy S-16, Residential Density in the Hills, states: "Consider zoning amendments to prevent future development, including the prohibition of new second units, in [the Hill Hazardous Fire Area] or sites in these areas that are particularly vulnerable to natural disaster." The Hill

13 Council Recommendation Comparison to Current Regulations References Questions/Considerations recommendation would require an AUP for all H-overlay ADUs (5,841 parcels). ESR district - More Flexible: Current ES-R zoning prohibits any new dwelling units, including ADUs, until a specific plan addressing safety issues is prepared. The General Plan includes language opposing new units in the ES-R. The CC recommendation would allow ADUs in the ES-R with an AUP, in conflict with the GP policies. Hazardous Fire Area includes both the H-overlay and the ES-R district. Staff does not recommend that ADUs be allowed in the ESR district with an AUP because of the safety concerns in the area. Staff recommends they continue to be prohibited. Staff asks for Commission input on whether an AUP be required for new ADUs in the H-overlay. Requiring an AUP will reduce the potential for byright ADUs by 5,841 parcels. Additionally, requiring an AUP may be in conflict with AB1866, which requires ADUs be allowed by-right in all districts zoned single family residential, because the majority of the H-overlay is zoned single family.

14 Attachment 3 ³ E L C E R R I TO M AV 2 I L AM E BART stations Major transit lines per GP Figure 7 DA ALBANY 1/4 mile of major transit line or BART station * SPRUCE ST RO S E ST ST M AN RPP area ST 4TH RPP area within 1/4 mile of transit RS ITY AV Parcels under 4,200 sf 2 I DW B A N CR O FT W Parcels 4,200-4,499 sf. Y Parcels over 4,500 sf Y IG H T W Hillside Overlay AL CAT EM E RYV IL L E AV TA V CL ASH BY *Per City Council referral, ADUs both a) within 1/4 mile of major transit line or BART station; and b) within RPP zone would receive parking waiver. AR EM ON LINE A DE CO LLEG E AV ST H AV TO ST SHATTU CK AV AV J WY THER KIN G LO PAB SACRAM EN SAN UN IVE MARTIN LU 2 I TELEGRAP GIL IN T HE A SO LA NO AV AR Accessory Dwelling Units: Lot Size, Hillside, and Transit Factors 2 I NOTE: Residentially zoned parcels with one residential unit eligible for ADU. V RA Z A This map is for reference purposes only. OAKLAND Care was taken in the creation of this map, but it is provided "AS IS". Please contact the City of Berkeley to verify map information or to report any errors. December 11, ,000 2,000 4,000 Feet CITY OF BERKELEY Information Technology 2180 Milvia Street Berkeley CA 94704

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16 Attachment 4 Illustration of Setbacks for ADUs in Detached Accessory Buildings CC Referral Recommendations Current ADU Regulations ADUs in detached accessory buildings: Prohibited A.U.P. Z.C. (by-right) (Before) (After)

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18 Attachment 5 Berkeley Municipal Code Chapter 23D.16 R-1 Single Family Residential District Provisions Page 1/7 Chapter 23D.16 R-1 Single Family Residential District Provisions Sections: 23D Applicability of Regulations 23D Purposes 23D Uses Permitted 23D Special Provisions: Development Standards for Accessory Dwelling Units 23D Special Provisions: Addition of Bedrooms to Parcels 23D Reserved 23D Development Standards 23D Parking -- Number of Spaces 23D Findings 23D Applicability of Regulations The regulations in this Chapter shall apply in all R-1 Districts. In addition, the general provisions contained in Sub-title 23C shall apply. Where the H District overlays a property so as to be classified R-1(H), the Hillside District provisions of Chapter 23E.96 shall also apply. (Ord NS 4 (part), 1999) 23D Purposes The purposes of the Single Family Residential (R-1) Districts are to: A. Recognize and protect the existing pattern of development in the low density, single family residential areas of the City in accordance with the Master Plan; B. Make available housing for persons who desire detached housing accommodations and a relatively large amount of Usable Open Space; C. Protect adjacent properties from unreasonable obstruction of light and air; and D. Permit the construction of community facilities such as places for religious assembly, Schools, parks and libraries which are designed to serve the local population when such will not be detrimental to the immediate neighborhood. (Ord NS 4 (part), 1999) 23D Uses Permitted The following table sets forth the Permits required for each listed item. Each Use or structure shall be subject to either a Zoning Certificate (ZC), an Administrative Use Permit (AUP), a Use Permit approved after a public hearing (UP(PH)) or is Prohibited. Table 23D Use and Required Permits Use Classification Special Requirements (if any) Uses Permitted Child Care Centers Clubs, Lodges UP(PH) UP(PH) The Berkeley Municipal Code is current through Ordinance 7311-NS, passed October 29, 2013.

19 Berkeley Municipal Code Chapter 23D.16 R-1 Single Family Residential District Provisions Page 2/7 Table 23D Use and Required Permits Use Classification Special Requirements (if any) Community Care Facilities/Homes Changes of Use New Construction Community Centers ZC UP(PH) UP(PH) Subject to parking requirements. See Section 23D A Dwelling Units, Single-family, subject to R-1 Standards Residential Additions (up to 15% of lot area or 600 square feet, whichever is more restrictive) UP(PH) ZC See Section 23D for restrictions. Major Residential Additions AUP See definition in Sub-title F. Denial subject to Section 23D B. Libraries UP(PH) Subject to parking requirements. See Section 23D A Parks and Playgrounds Parking Lots UP(PH) Subject to Section 23D ZC Public Safety and Emergency Services Religious Assembly Uses Schools, Public or Private Addition of bedrooms to parcels Accessory Uses and Structures UP(PH) UP(PH) UP(PH) AUP UP(PH) Subject to Section 23D Accessory Buildings or Structures ZC Must satisfy the requirements of Chapter 23D.08 If has either habitable space and/or exceeds the requirements under Chapter 23D.08 When located on a vacant lot without a Main Building Accessory Dwelling Units in compliance with applicable standards Accessory Dwelling Unit which does not comply with requirements under Section 23D Accessory Dwelling Unit which involves a Major Residential Addition (500 sq. ft. or more) Accessory Dwelling Unit which involves meeting the on-site parking requirement with tandem parking (See Section 23D F) Accessory Dwelling Unit in a detached Accessory Building which does not conform to the setbacks in 23D Accessory Dwelling Unit in a detached Accessory Building which does not AUP AUP ZC AUP AUP AUP AUP AUP Subject to Section 23D Subject to making applicable findings in Section 23D Denial subject to Section 23D B Subject to making applicable findings in Section 23D D In no case shall side or rear setbacks be allowed to be less than four feet, or the front setback to be less than 20 feet. Subject to making the finding in Section 23D A Subject to making applicable findings in Section 23D The Berkeley Municipal Code is current through Ordinance 7311-NS, passed October 29, 2013.

20 Berkeley Municipal Code Chapter 23D.16 R-1 Single Family Residential District Provisions Page 3/7 Table 23D Use and Required Permits Use Classification Special Requirements (if any) conform to the height limit in Section 23D E.2 Child Care; Family Day Care Small Family Day Care Homes: of eight or fewer children Large Family Day Care Homes: of nine to 14 children ZC AUP Fences If six ft. or less in height ZC Exceed six ft. in height AUP In required setbacks Home Occupations Low Impact ZC If the requirements of Section 23C are met Moderate Impact, teaching-related AUP Subject to the requirements of Section 23C A Moderate Impact UP(PH) Subject to the requirements of Section 23C B Hot Tubs, Jacuzzis, Spas AUP See Section 23D C Stables for Horses AUP Miscellaneous Uses Cemeteries, Crematories, Mausoleums Prohibited Columbaria AUP Allowed with a ZC if incidental to a Community and Institutional Use, limited to 400 niches, and no more than 5% of the subject property area. When located outside of the main building columbaria structures are subject to Chapter 23D.08. Commercial Excavation UP(PH) Including earth, gravel, minerals, or other building materials including drilling for, or removal of, oil or natural gas Public Utility Substations, Tanks Wireless Telecommunications Facilities UP(PH) Microcell Facilities AUP Subject to the requirements and findings of Section 23C All Other Telecommunication Facilities Legend: ZC -- Zoning Certificate AUP -- Administrative Use Permit UP UP(PH) -- Use Permit, public hearing required Prohibited -- Use not permitted Subject to the requirements and findings of Section 23C (Ord NS 1, 2013; Ord NS 1, 2010; Ord NS 2, 2010; Ord NS 2 (part), 2006: Ord NS 2 (part), 2006: Ord NS 3 (part), 2005: Ord NS 4 (part), 2003: Ord NS 6, 2001: Ord NS 1, 2001: Ord NS 4 (part), 1999) The Berkeley Municipal Code is current through Ordinance 7311-NS, passed October 29, 2013.

21 Berkeley Municipal Code Chapter 23D.16 R-1 Single Family Residential District Provisions Page 4/7 23D Special Provisions: Development Standards for Accessory Dwelling Units A. The Zoning Officer shall issue a Zoning Certificate to establish an Accessory Dwelling Unit in compliance with this section if all requirements of the R-1 District and other applicable requirements are met. The Zoning Officer may approve an AUP for cases not in compliance as set forth in Section 23D B. Accessory Dwelling Units shall conform to the following standards in all cases: 1. The gross floor area of an Accessory Dwelling Unit shall contain no more than 25% of the gross floor area of the main dwelling in existence prior to the construction of the Accessory Dwelling Unit, except that if the house is less than 1,200 sq. ft., an Accessory Dwelling Unit of 300 sq. ft. will be allowed. 2. The gross floor area of an Accessory Dwelling Unit shall be no less than 300 square feet but no greater than 640 square feet. 3. No subdivision of land, air rights or condominium is allowed so as to enable the sale or transfer of the Accessory Dwelling Unit independently of the main Dwelling Unit or other portions of the property. 4. Each application shall be on a lot with access from a roadway that meets the fire apparatus access road requirements of the California Fire Code Section (as it may be amended or renumbered from time to time), to be determined prior to either issuance of a Zoning Certificate or approval of an AUP. 5. Prior to issuance of a Building Permit, all owners of record of the subject property shall sign and file a Declaration of Restrictions with the County Recorder, in a form satisfactory to the Zoning Officer, which makes any transfer of the property specifically subject to the restrictions contained in this section, and requires that either the primary Dwelling Unit or the Accessory Dwelling Unit be occupied by the owner of the subject property. Non-occupancy of an owner for periods of up to three years are allowed before the property will be found to be in non-compliance with this requirement. C. An Accessory Dwelling Unit may be converted from a portion of the floor area of a pre-existing main Dwelling Unit subject to the following: 1. There shall be a separate entrance for the Accessory Dwelling Unit, but it shall not be located on the front of the existing building. D. An Accessory Dwelling Unit may be created through a building addition to an existing main dwelling subject to the following: 1. There shall be a separate entrance for the Accessory Dwelling Unit, but it shall not be located on the front of the existing building. 2. The subject lot shall have an area not less than 4,500 square feet. E. An Accessory Dwelling Unit may be created in a new or existing detached Accessory Building subject to the following: 1. The subject lot shall have an area not less than 4,500 square feet. 2. An Accessory Dwelling Unit located in an Accessory Building shall not exceed 12 feet in average height. 3. The detached accessory building shall conform to the setbacks in Section 23D D to be allowed by right. Any reduction from the setbacks is subject to review and approval of an Administrative Use Permit, but in no case shall the setbacks be reduced below four feet on the side or 20 feet on the front setback. The Berkeley Municipal Code is current through Ordinance 7311-NS, passed October 29, 2013.

22 Berkeley Municipal Code Chapter 23D.16 R-1 Single Family Residential District Provisions Page 5/7 F. Where off-street parking in conformance with Section 23D would cause detriment to the property due to reduction of open space on the lot, the Zoning Officer may approve an AUP to allow tandem parking. (Ord NS 5 (part), 2003: Ord NS 4 (part), 1999) 23D Special Provisions: Addition of Bedrooms to Parcels A. For the addition of a fifth bedroom to a parcel, an Administrative Use Permit (AUP) shall be required. For the addition of any bedroom beyond the fifth, a Use Permit with Public Hearing (UPPH) shall be required. 1. Serial/Cumulative Addition of Bedrooms: Serial addition of bedrooms to a parcel over time shall be considered cumulative and subject to these regulations. 2. The definition of "Bedroom" for the Special Provisions: Addition of Bedrooms to Parcels is from City of Berkeley Municipal Code Section B "Operating Standards for Mini-Dorms". (Ord NS 2, 2013) 23D Reserved 23D Development Standards A. No lot of less than 5,000 square feet may be created. B. No Dwelling Unit may be established on a lot with an area of less than 5,000 square feet, except that Accessory Dwelling Units may be created in a detached accessory building, or in an addition to an existing Main Building, on lots which have an area of no less than 4,500 square feet. C. Each Main Building shall be limited in height as follows: Height limit average (ft.) Stories limit (number) Main Building 28* 3 All Residential Additions 14** Not applicable * The Zoning Officer may issue an Administrative Use Permit to allow Main Buildings to exceed 28 feet in average height, up to 35 feet in average height ** The Zoning Officer may issue an Administrative Use Permit to allow residential additions to exceed 14 feet in average height, up to the district limit. D. The Main Building shall be set back from the respective lot lines as follows: The Berkeley Municipal Code is current through Ordinance 7311-NS, passed October 29, 2013.

23 Berkeley Municipal Code Chapter 23D.16 R-1 Single Family Residential District Provisions Page 6/7 Yard location Stories (number) Front Rear* Side** *See Section 23D D.1 **See Sections 23D D.2 and D ft. 20 ft. 4 ft. 1. When the depth of any lot is less than 100 feet, the Rear Yard may be reduced to 20% of the lot depth. 2. When the width of any lot is less than 40 feet, the width of each Side Yard may be reduced to 10% of the lot width, but in no case to less than three feet. 3. The side yards on a corner lot shall be as follows: a. On a corner lot, where there is a key lot to the rear thereof, the street side yard of the corner lot shall be not less than one-half the Front Yard required or existent on the key lot, whichever is smaller. This regulation shall not be applied so as to reduce the buildable area of the lot to a width of less than 20 feet, or to require the side yard to be in excess of ten feet. b. Where a rear yard of not less than 50 feet in depth is maintained on a corner lot, adjacent to a key lot, the side yard may be reduced to four feet. E. Maximum lot coverage may not exceed 40% of the lot area. F. Each lot shall contain minimum usable open space area for each Dwelling Unit, including Accessory Dwelling Units: 400 square feet. (Ord NS 3 (part), 2006: Ord NS 4 (part), 1999) 23D Parking -- Number of Spaces A. A lot shall contain the following minimum number of Off-street Parking Spaces: Table 23D Parking Required Use Dwellings* Employees Libraries Rental of Rooms Number of spaces One per unit One per two non-resident employees for a Community Care Facility** One per 500 sq. ft. of floor area that is publicly accessible One per each two roomers or boarders * This also shall include Accessory Dwelling Units. An application for an Accessory Dwelling Unit that does not meet this standard may apply for an AUP to waive this requirement subject to a special finding under Section 23D C. **This requirement does not apply to those Community Care Facilities which under state law must be treated in the same manner as a single family residence B. Other Uses requiring Use Permits, including, but not limited to, Child Care Centers, Clubs, Lodges, and community centers, shall provide the number of Off-street Parking Spaces determined by the Board, based on the amount of traffic generated by the particular Use and comparable with specified standards for other Uses. C. Schools having a total gross floor area exceeding 10,000 square feet, shall provide off-street loading spaces at the rates of: The Berkeley Municipal Code is current through Ordinance 7311-NS, passed October 29, 2013.

24 Berkeley Municipal Code Chapter 23D.16 R-1 Single Family Residential District Provisions Page 7/7 1. One space for the first 10,000 square feet of gross floor area; and 2. One additional space for each additional 40,000 square feet of gross floor area. (Ord NS 4 (part), 2005: Ord NS 6 (part), 2003: Ord NS 4 (part), 1999) 23D Findings A. In order to approve any Permit under this chapter, the Zoning Officer or Board must make the finding required by Section 23B The Zoning Officer or Board must also make the findings required by the following paragraphs of this section to the extent applicable: B. To deny a Use Permit for a major residential addition or residential addition subject to 23D the Zoning Officer or Board must find that although the proposed residential addition satisfies all other standards of this Ordinance, the addition would unreasonably obstruct sunlight, air or views. C. To approve a parking waiver the Zoning Officer or Board must find that additional or new on-site parking would be detrimental, and that the existing parking supply in the immediate neighborhood is adequate, or that other mitigating conditions are present and apply to the property. D. To approve tandem parking for an Accessory Dwelling Unit, the Zoning Officer or Board must find that additional or new on-site parking consistent with applicable standards would be detrimental due to reduction of open space on the lot, and that the oversight over the parking which will be provided by the resident owner, which is guaranteed by the requirement of owner-occupancy, will mitigate any potential detrimental effects of the tandem parking. (Ord NS 1 (part), 2007: Ord NS 7 (part), 2003: Ord NS 4 (part), 1999) The Berkeley Municipal Code is current through Ordinance 7311-NS, passed October 29, 2013.

25 Attachment 6 Berkeley Chapter 23D.08 ACCESSORY BUILDINGS AND STRUCTURES Page 1 of 4 Chapter 23D.08 ACCESSORY BUILDINGS AND STRUCTURES Sections: 23D Accessory Buildings & Structures May Exceed Limit with Use Permit 23D Height Limits for Accessory Buildings or Structures 23D Setback Requirements for Accessory Building or Structures 23D Special Rebuilding/Replacement Provisions 23D Maximum Building Length 23D Fences and Other Accessory Structures Note: A. An accessory building constructed or altered so as to contain an accessory dwelling unit which satisfies the requirements of this code and the requirements of the zoning district where it is located, including adherence to development standards applicable to the main building, is permitted by right. Other than an accessory dwelling unit as described above, no accessory building shall be constructed or altered so as to contain habitable space except as authorized by an AUP. No such accessory building may be rented, contain cooking facilities or be used as a dwelling unit or accessory dwelling unit, except as authorized by a Use Permit and all other requirements applicable to a dwelling unit in the District in which it is located are satisfied. B. An Accessory Structure shall include those detached structures, other than an Accessory Building, in which non-habitable uses or activities other than the principal use of the property are conducted. Residential Accessory Structures include, but are not limited to, enclosed structures such as garages, carports, garden or tool sheds, and non-enclosed structures such as, but not limited to, fences, gazebos, ground-mounted satellite dishes, skateboard ramps and wheelchair ramps. Non-residential Accessory Structures may include, but are not limited to, storage buildings, garages, sheds and other outbuildings. (Ord NS 2 (part), 2003: Ord NS 4 (part), 1999) 23D Accessory Buildings & Structures May Exceed Limit with Use Permit A. An accessory structure which satisfies the requirements of this Ordinance is permitted by right. B. The Zoning Officer may issue an AUP for an accessory structure or accessory building which does not comply with the height limits, minimum setback distances, site location and/or maximum length requirements of this chapter, except for the height limit in Section 23D C, subject to a finding that the proposed accessory building or enclosed accessory structure will not be detrimental to the light, air, privacy and view of adjacent properties. (Ord NS 2 (part), 2005: Ord NS 4 (part), 1999) The Berkeley Municipal Code is current through Ordinance 7311-NS, passed October 29, 2013.

26 Berkeley Chapter 23D.08 ACCESSORY BUILDINGS AND STRUCTURES Page 2 of 4 23D Height Limits for Accessory Buildings or Structures A. No accessory building or enclosed accessory structure may exceed ten feet in average height when any portion of the building or structure is within four feet of a lot line. B. No accessory building or enclosed accessory structure may exceed 12 feet in average height when any portion of the building or structure is between four and ten feet of a lot line. C. No accessory building or enclosed accessory structure may exceed 24 feet in average height, unless a Variance is obtained. (Ord NS 4 (part), 1999) 23D Setback Requirements for Accessory Building or Structures A. No accessory building or enclosed accessory structure located on an interior lot may be erected or expanded in a manner which encroaches upon the front half of the lot depth. B. No accessory building or enclosed accessory structure located on a through lot shall be erected or expanded so as to encroach upon that 25% of the lot portion that is nearest to either abutting street. C. No accessory building or enclosed accessory structure on a corner lot may be erected or expanded so as to project into the existing or required front yard to a greater extent than the setback existing or required on the adjacent lot, whichever is smaller; nor may it be located closer to either street line than the main building constructed on the subject lot. D. No accessory building or enclosed accessory structure that is within 75 feet of the front lot line may be erected or expanded so as to encroach closer than four feet to the side lot line, when abutting another lot. Any such building or structure which is located in excess of 75 feet from the front lot line such a building or structure may encroach closer than four feet to the side lot line subject to the fire isolation requirements, including setbacks and/or fire resistance wall requirements, of the Berkeley Building Code. E. No detached accessory building or enclosed accessory structure may be erected or expanded to be within five feet of an alley. (Ord NS 4 (part), 1999) 23D Special Rebuilding/Replacement Provisions A. Notwithstanding the setback requirements set forth in this Chapter and the coverage area limitations set forth in each R-District, an accessory building or enclosed accessory structure may be constructed to replace a pre-existing lawful accessory building or enclosed accessory structure, if the replacement building or structure is in the same location and has the same or smaller footprint as the previous structure. However, any such replacement structure must have the same average height as the previous building or structure; otherwise an AUP is required. B. Such replacement structures are permitted as of right only if an application for a building permit for their construction is submitted at the same time as an application for a building permit for the demolition The Berkeley Municipal Code is current through Ordinance 7311-NS, passed October 29, 2013.

27 Berkeley Chapter 23D.08 ACCESSORY BUILDINGS AND STRUCTURES Page 3 of 4 of the pre-existing accessory structure. C. The demolition of any accessory building proposed for replacement under the provisions of the Section is subject to the Landmark Preservation Ordinance regulations, under BMC Chapter 3.24, as applicable. (Ord NS 4 (part), 1999) 23D Maximum Building Length No accessory building or enclosed accessory structure may be longer than 24 feet running generally parallel with the side lot line. (Ord NS 4 (part), 1999) 23D Fences and Other Accessory Structures A. Any fence, hedge, gate, pergola, trellis, arbor or retaining wall is subject to the following restrictions when located on a lot in, or on the zoning boundary line of, any residential District. 1. No fence, or portion of a fence, shall contain strands of barbed or razor wire, nor shall sharp or jagged glass, metal such as, but not limited to razor-spikes, or similar materials be attached to a fence when located on a lot in, or on the zoning boundary line of, any residential District. a. No features of this type in an existing fence shall be expanded or repaired. b. All existing non-conforming fence features of this type, with an adjusted market value of $1500 or less, shall be removed within one year from the effective date of this section or within one year from the date such feature became non-conforming, whichever date is earlier. c. All existing non-conforming fence features of this type, with an adjusted market value of more than $1500, shall be removed within two years from the effective date of this section or within two years from the date such use became non-conforming, whichever date is earlier. d. For purposes of this ordinance, the adjusted market value of the existing non-conforming fence feature shall be calculated as follows: i. The "original cost" of the fence feature shall be calculated by reference to the likely cost of substantially similar fence features at the time the fence feature was initially installed plus the likely costs of installation at that time. ii. The "original cost" shall be reduced by 10% for each year since the fence feature was installed, until the year that this ordinance becomes effective. This reduced cost shall be considered the "adjusted market value." e. Where the property owner demonstrates that the period of time established in subsections b and c would be unreasonable as applied to a particular fence feature, the City may extend the period within which removal of such feature would be required, after weighing The Berkeley Municipal Code is current through Ordinance 7311-NS, passed October 29, 2013.