Government

Editorial: Yes, California scrapped single-family zoning. But radical …

It’s been more than a year since California got rid of most single-family zoning — yet the radical change in policy has been decidedly unradical in practice. A new study found that Senate Bill 9, which allows up to four units on a single-family lot, has barely been used.

That’s not a surprise, despite the angst that preceded the law’s passage in 2021. Some homeowner groups and local elected officials vehemently opposed SB 9 and warned it would destroy single-family neighborhoods. But the law is more likely to gradually change communities by adding a little density and a few more homes over years, not months.

California can’t afford to have housing production move too gradually, though. The state desperately needs new homes built to ease the housing and homelessness crises, so it’s worth examining why more property owners haven’t embraced SB 9. The law permits a landowner to build a duplex on a single-family lot, or subdivide the property into two lots that can each accommodate two units, which could be sold separately.

The study from UC Berkeley’s Terner Center for Housing Innovation evaluated 13 cities where property owners seemed most likely to take advantage of SB 9 because of healthy real estate prices and a lot of backyard home construction. But in those cities, a total of 282 applications for SB 9 homes were submitted and only 53 approved.

For comparison, California cities permitted nearly 20,000 backyard homes, or accessory dwelling units, in 2021, according to state data. (2022 numbers are not yet available, though they are expected to be similar or higher.)

Los Angeles, which was one of the 13 cities analyzed, had the bulk of the SB 9 activity, with 211 applications for homes submitted and 38 approved through November. That is dwarfed by the 5,000 ADU permits approved by the city in 2021.

Why are ADUs booming but not SB 9 duplexes? They’re similar housing types in similar communities, but it’s easier to build an ADU now thanks to multiple state laws passed since 2016 that overruled local requirements for parking, setbacks and other criteria that made it difficult and expensive to build backyard homes. After SB 9 passed, some cities layered on the requirements — in some cases, to discourage duplexes. (Not Los Angeles, which is one reason the city had so many applications.) If lawmakers want to see more duplexes for sale or lease in single-family neighborhoods, they’ll have to pass more laws streamlining the process and overriding local regulations that make it unnecessarily expensive and complicated to build.

The slow progress so far doesn’t mean the law has failed. SB 9 was never going to be a magical solution to California’s housing crisis. It was (and is) an important step to lift restrictive zoning laws that have made it too hard to build enough homes to keep up with population growth.

Two-thirds of residential land in California had been restricted to single-family homes and had been off-limits to the development of backyard houses, duplexes and fourplexes that would be more affordable to middle-income and low-income renters and buyers. ADU laws and SB 9 removed those restrictions, opening up neighborhoods to more housing opportunities.

California’s housing shortage was created over decades. Reforming the housing laws that fueled the crisis will take time as well. It’s an essential culture shift for the future of the state that is not going to happen in just a year. Give SB 9 time to work.

It’s been more than a year since California got rid of most single-family zoning — yet the radical change in policy has been decidedly unradical in practice. A new study found that Senate Bill 9, which allows up to four units on a single-family lot, has barely been used.
That’s not a surprise, despite the angst that preceded the law’s passage in 2021. Some homeowner groups and local elected officials vehemently opposed SB 9 and warned it would destroy single-family neighborhoods. But the law is more likely to gradually change communities by adding a little density and a few more homes over years, not months.
California can’t afford to have housing production move too gradually, though. The state desperately needs new homes built to ease the housing and homelessness crises, so it’s worth examining why more property owners haven’t embraced SB 9. The law permits a landowner to build a duplex on a single-family lot, or subdivide the property into two lots that can each accommodate two units, which could be sold separately.

The study from UC Berkeley’s Terner Center for Housing Innovation evaluated 13 cities where property owners seemed most likely to take advantage of SB 9 because of healthy real estate prices and a lot of backyard home construction. But in those cities, a total of 282 applications for SB 9 homes were submitted and only 53 approved.
For comparison, California cities permitted nearly 20,000 backyard homes, or accessory dwelling units, in 2021, according to state data. (2022 numbers are not yet available, though they are expected to be similar or higher.)

Los Angeles, which was one of the 13 cities analyzed, had the bulk of the SB 9 activity, with 211 applications for homes submitted and 38 approved through November. That is dwarfed by the 5,000 ADU permits approved by the city in 2021.
Why are ADUs booming but not SB 9 duplexes? They’re similar housing types in similar communities, but it’s easier to build an ADU now thanks to multiple state laws passed since 2016 that overruled local requirements for parking, setbacks and other criteria that made it difficult and expensive to build backyard homes. After SB 9 passed, some cities layered on the requirements — in some cases, to discourage duplexes. (Not Los Angeles, which is one reason the city had so many applications.) If lawmakers want to see more duplexes for sale or lease in single-family neighborhoods, they’ll have to pass more laws streamlining the process and overriding local regulations that make it unnecessarily expensive and complicated to build.

The slow progress so far doesn’t mean the law has failed. SB 9 was never going to be a magical solution to California’s housing crisis. It was (and is) an important step to lift restrictive zoning laws that have made it too hard to build enough homes to keep up with population growth.
Two-thirds of residential land in California had been restricted to single-family homes and had been off-limits to the development of backyard houses, duplexes and fourplexes that would be more affordable to middle-income and low-income renters and buyers. ADU laws and SB 9 removed those restrictions, opening up neighborhoods to more housing opportunities.
California’s housing shortage was created over decades. Reforming the housing laws that fueled the crisis will take time as well. It’s an essential culture shift for the future of the state that is not going to happen in just a year. Give SB 9 time to work.
Editorial: Yes, California scrapped single-family zoning. But radical …  Los Angeles Times

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Sacramento makes permit-ready ‘granny flat’ building plans available for free

SACRAMENTO, Calif. (KTXL) — Sacramento released permit-ready building plans for accessory dwelling units, also known as “in-law units” and “granny flats,” as part of its effort to increase housing.

The plans for the detached units all meet the city’s 2022 residential building code requirements and are for all-electric housing.

-Video Above: Experts warn storm victims about home repair scammers

“The permit-ready plans are a helpful addition to streamline the process for customers and to produce more housing options in Sacramento,” said Garrett Norman, senior planner with the City.

There are three building plans available: studio, one-bedroom and two-bedroom permit-ready plans.

All the plans are under 750 square feet, which the city said means no impact fees. According to the city, the plans are affordable, and the material for them should be purchasable at local hardware stores.

Those who want to build a unit will need to submit a site plan to show the city where on the property the ADU will be built. There is a submittal guide to help with the process.

“Having permit-ready plans means that a property owner can go straight to applying for permits as the plans are already pre-approved,” Norman said.

Sacramento said the permit-ready plans can be used by any resident. However, no modifications to the plans are allowed to be made.

SACRAMENTO, Calif. (KTXL) — Sacramento released permit-ready building plans for accessory dwelling units, also known as “in-law units” and “granny flats,” as part of its effort to increase housing.

The plans for the detached units all meet the city’s 2022 residential building code requirements and are for all-electric housing.

-Video Above: Experts warn storm victims about home repair scammers

“The permit-ready plans are a helpful addition to streamline the process for customers and to produce more housing options in Sacramento,” said Garrett Norman, senior planner with the City.

There are three building plans available: studio, one-bedroom and two-bedroom permit-ready plans.

All the plans are under 750 square feet, which the city said means no impact fees. According to the city, the plans are affordable, and the material for them should be purchasable at local hardware stores.

Those who want to build a unit will need to submit a site plan to show the city where on the property the ADU will be built. There is a submittal guide to help with the process.

“Having permit-ready plans means that a property owner can go straight to applying for permits as the plans are already pre-approved,” Norman said.

Sacramento said the permit-ready plans can be used by any resident. However, no modifications to the plans are allowed to be made.

Sacramento makes permit-ready ‘granny flat’ building plans available for free  KTXL FOX 40 Sacramento

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Homeowner assistance toolbox to help expand housing options in …

CHARLEVOIX — Charlevoix County is exploring accessory dwelling units as a pathway to expand housing options, and will offer homeowners a step-by-step guide to consider creating such units on their property.

Housing North, a nonprofit organization that serves northern Michigan communities, created the Accessory Dwelling Unit Toolbox with funding from the Charlevoix County Community Foundation. The guide includes information on economic benefits of creating ADUs, property eligibility and zoning maps where ADUs are permitted, as well as financing, permitting and construction information. 

ADUs are similar to smaller, detached homes and are sometimes referred to as cottages or granny flats. They are recognized as a viable source of additional housing stock because they can support a wide range of housing needs, such as for older adults seeking smaller living options, seniors on fixed incomes, lower and middle-income households and members of the local workforce. 

As well, ADUs in most cases are cheaper to develop than other forms of new housing units because they are built on land that has no additional acquisition costs. Neighborhoods in the cities of Charlevoix, Boyne City and East Jordan allow ADUs. 

“Accessory dwelling units are among many potential solutions needed in Charlevoix County,” Housing North Executive Director Yarrow Brown said in a statement. “Given their smaller size and lack of additional land costs, ADUs offer a more affordable housing option in neighborhoods where housing costs are out of reach for many people.”

Recent studies show more than 15,600 housing units are needed to meet existing housing demands in northwest Michigan. A 2019 Northwest Michigan Target Market Analysis studied the demand for housing through 2025. Based on the potential for demand from both current and new residents, it was found that Charlevoix County could support 1,192 additional housing units through 2025. LandUseUSA conducted the analysis on behalf of Housing North and Networks Northwest.

“The housing needs in Charlevoix County are so challenging,” Charlevoix County Community Foundation President Chip Hansen said in a statement. “Any effort we can support, no matter how large or small, can end up making a difference, and that’s what made the ADU program attractive to us — a small grant, with big potential.”

ADUs involve a variety of housing types, including apartments within a home, standalone structures on the same lot as existing homes, or new construction above an existing garage.

“The demand for this housing is strong and creates stability for owners of ADUs,” Brown said. “ADUs are a housing solution that is attainable for many in the local workforce at several income levels, and in neighborhoods that are near employment, shopping and important services.”

CHARLEVOIX — Charlevoix County is exploring accessory dwelling units as a pathway to expand housing options, and will offer homeowners a step-by-step guide to consider creating such units on their property.

Housing North, a nonprofit organization that serves northern Michigan communities, created the Accessory Dwelling Unit Toolbox with funding from the Charlevoix County Community Foundation. The guide includes information on economic benefits of creating ADUs, property eligibility and zoning maps where ADUs are permitted, as well as financing, permitting and construction information. 

ADUs are similar to smaller, detached homes and are sometimes referred to as cottages or granny flats. They are recognized as a viable source of additional housing stock because they can support a wide range of housing needs, such as for older adults seeking smaller living options, seniors on fixed incomes, lower and middle-income households and members of the local workforce. 

As well, ADUs in most cases are cheaper to develop than other forms of new housing units because they are built on land that has no additional acquisition costs. Neighborhoods in the cities of Charlevoix, Boyne City and East Jordan allow ADUs. 

“Accessory dwelling units are among many potential solutions needed in Charlevoix County,” Housing North Executive Director Yarrow Brown said in a statement. “Given their smaller size and lack of additional land costs, ADUs offer a more affordable housing option in neighborhoods where housing costs are out of reach for many people.”

Recent studies show more than 15,600 housing units are needed to meet existing housing demands in northwest Michigan. A 2019 Northwest Michigan Target Market Analysis studied the demand for housing through 2025. Based on the potential for demand from both current and new residents, it was found that Charlevoix County could support 1,192 additional housing units through 2025. LandUseUSA conducted the analysis on behalf of Housing North and Networks Northwest.

“The housing needs in Charlevoix County are so challenging,” Charlevoix County Community Foundation President Chip Hansen said in a statement. “Any effort we can support, no matter how large or small, can end up making a difference, and that’s what made the ADU program attractive to us — a small grant, with big potential.”

ADUs involve a variety of housing types, including apartments within a home, standalone structures on the same lot as existing homes, or new construction above an existing garage.

“The demand for this housing is strong and creates stability for owners of ADUs,” Brown said. “ADUs are a housing solution that is attainable for many in the local workforce at several income levels, and in neighborhoods that are near employment, shopping and important services.”
Homeowner assistance toolbox to help expand housing options in …  MiBiz: West Michigan Business News

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Facing mounting pressure, Atherton adds multifamily housing back …

Uploaded: Mon, Jan 16, 2023, 11:43 am

After hearing feedback from town consultants, local housing advocates, some residents and even a former council member, the Atherton City Council opted to add multifamily housing back into its state-mandated housing element plan, but some sites were left on the cutting room floor.

The council opted to include a swath of lots along El Camino Real and an empty lot on Oakwood Boulevard, which the owner plans to develop, during a Wednesday, Jan. 11, meeting. The revised plan is due to the state Housing and Community Development Department (HCD) on Jan. 31.

Bob Polito, who finished his council term last month, attended the meeting via Zoom to urge the City Council to ditch its mostly accessory dwelling unit (ADU) strategy to meet the state’s requirements to plan for 348 new units, across various income levels, in town over the next eight years. The state rejected this initial plan in a 16-page letter in October. He said he “begrudgingly” went along with the draft as a starting point for a housing plan when he was on the council.

He suggested lots along the El Camino Real corridor would be best for development. He said the current plan at best would get a “D” grade from HCD.

“A handful of well-planned, well-located and carefully controlled projects with multifamily will be much more impactful and will lead to an approved housing element from HCD,” he said. “Time is of the essence. … We need to be ready with a well-vetted plan before our housing element is denied and before litigation and a builder’s remedy have a chance to blossom.”

During the meeting, town consultants said the plan that was submitted to HCD over the summer will not get approved without adding multifamily housing.

“(Meeting) lower income housing (goals) with ADUs is not going to fly with the state,” said town consultant Diana Elrod.

Council member Rick DeGolia was more hesitant to add multifamily housing to the plan, as he’s previously said that because of the land value in Atherton (about $8 million per acre) there’s no way to build new affordable housing through townhouses. He has supported the ADU strategy.

“I personally don’t think HCD is going to approve anything that we submit,” he said.

Residents and council members described the planning process as a bit of a “whack-a-mole” as once a housing site is proposed in town whoever lives around that area objects to development there.

Others are concerned about the so-called builder’s remedy, which allows for residential projects to move forward even if they do not comply with local development standards, taking effect come Feb. 1. With the builder’s remedy, cities and towns could be required to approve any project that has 20% of its units designated for affordable or low-income households, or 100% moderate income households, even if the project exceeds the zoning and general plan density requirements.

Several residents wrote a Jan. 11 letter telling the town it can be part of the regional housing solution while maintaining its character as a family-oriented, residential community. They said they support strategies including reducing minimum lot sizes and dimensions, adding multifamily overlay zones, and allowing higher density at sites on Oakwood and Atherton Avenue, especially where owners are interested in developing denser or multifamily housing.

“We also support the idea of exploring multifamily housing on town property including a portion of Holbrook-Palmer Park,” wrote Ellen Jamason, Giacomo Marini and Serena Marini. “We believe that even if the state accepts our housing element in January without these features, it is likely that the town will need to identify additional housing units before the end of this 8-year cycle, and that the town should start preparing for that situation now. More importantly, we believe that we all benefit by welcoming neighbors of diverse income and cultural backgrounds, and that there is room for more here in Atherton.”

Not everyone was thrilled about the prospects of upzoning Atherton.

Toward the end of the meeting, one resident had an angry outburst against multifamily housing in town, and Mayor Bill Widmer urged the resident to settle down.

“There are five people up here who have to make this decision,” he told the resident. “Everybody has said ‘yeah I support it (multifamily), but anywhere but here.’ We’re not going to have any more public comment please.”

23 Oakwood Blvd.

The council’s biggest fear going into the meeting was the builder’s remedy applying to 23 Oakwood Blvd., a 1.52-acre property where the owner has expressed interest in building townhouses. There’s currently a 3-bedroom, 2-bath, 2,370-square-foot home on the property, according to Zillow.

The owner, David Arata, wants to upzone his land and is interested in moving the project forward. Although he doesn’t want to pursue a builder’s remedy, he’s well aware of state requirements of the town if the remedy is enacted, town staff said.

Arata, who inherited the land from his mother who died two and a half years ago, originally brought his plan to develop the site for townhouses, which he plans to sell, to the Planning Commission about two years ago. He said he knew that townhouses wouldn’t fly in Atherton, but plans also froze as the town begin figuring out how it would meet it state-mandated housing goals.

“It would be more a little village than a big apartment building,” he said. “‘Housing element’ when you mention that people snap; they think it’s going to be low income and it’s going to massive buildings stuck together.”

Initially the council voted 4-1 to rezone 23 Oakwood Blvd., which the council had designed for 16 units per acre in a previous draft of the element, to 20 units per acre (the number of units per acre that HCD deems necessary for affordable housing). With 20 units per acre, Arata could have built up to 30 units.

With DeGolia dissenting in the initial vote, the council voted again, 5-0, to zone it 10 units per acre instead. The town would require 20% of the units to be affordable. This means Arata could build up to 15 units.

“We would probably make it up by just making bigger units, which is OK,” Arata told The Almanac on Monday, Jan. 16. He said he understand the council is under a lot of pressure from residents not to allow multifamily housing in town.

Rodericks noted that 10 units per acre does show that the town is building multifamily housing and lets the town have more control of the space.

Neighbor Scott Wylie urged the council to not let the owner change the residential nature of the neighborhood. He also worries about the traffic impact on the neighborhood, which he described as “countrylike.”

El Camino Real corridor from Stockbridge Avenue to Cebalo Lane

The council voted 4-1, with DeGolia voting against, to rezone 17 lots along the western border of El Camino Real from Stockbridge Avenue to Cebalo Lane to allow up to 20 units per acre, and to start a program to encourage the consolidation of parcels.

The total acreage is roughly 6.7 acres, said Town Manager George Rodericks in an email. Development and aggregation would be up to the property owners.

One hiccup in the plan is that the lot sizes along El Camino Real are fairly small compared to others in town.

“Any site less than half an acre can not be included in affordable housing,” said town consultant Diana Elrod. The town would have to aggregate the sites in some way, they said. Most of the sites are under 1 acre, with several being about 0.3 acres.

“The town would encourage lot aggregation through policy programs such as waiver of fees, ministerial processing, etc.,” he said. “But development would be property owner dependent. A develop(er) could, of course, purchase property from willing sellers and move things forward that way; but absent that — it is up to the underlying owners.”

Polito said the town could buy property for an affordable debt level. It could be no more than an $8 million investment and an affordable housing group could lease the space, he said. If the town just purchased two parcels and helped develop housing, it could lead to “significant number” of affordable housing units, he said.

“This is all part of the vetting that needs to be done,” he said.

DeGolia doesn’t think the town has the funds to build property on the corridor. Widmer also had some hesitancy.

“How much liability are we taking on?” he said, noting that the town still has to pay off the costs of the Town Center and Atherton Channel.

The town sent a letter to residents on Jan. 12 explaining that upzoning, under consideration in multiple locations, does not “discontinue” current uses of a property, but opens the door for redevelopment under revised zoning requirements.

“Properties highlighted on the attached map are being considered by the City Council for inclusion in the housing element as properties that could be upzoned to allow for the development of multifamily affordable units,” the letter states. “As part of the process, the town would develop specific development standards for those properties to ensure harmony in surrounding land uses and protect the interests of adjacent properties.”

Housing at Menlo College

Both council members and housing advocates voiced concerns during the meeting that a good portion of the housing plan banks on 40 moderate- to low-income homes being built at Menlo College along El Camino Real, which hasn’t yet committed to building the units.

The four-year, private college’s president, Steve Weiner, expressed strong interest in building more housing on campus, but he has previously said that building the homes is dependent on if the school can land financing, an estimated $20 million.

DeGolia previously said that a letter from the college with an update on its commitment to housing could be expected this month, but no such letter has yet surfaced. DeGolia said the latest he’s heard is that the college has been offered funds for a schematic plan of new housing.

Elrod said that there could be a potential issue with fair housing if only people affiliated with the school could live in the units.

Housing advocates said HCD might have doubts the development will come to fruition since a similar housing project at the college was included in past housing element cycles and was not built.

Sites off the table:

Gilmore House

Hawkins-Manuelian again brought up building on the nearly 1 acre property where the Gilmore House currently stands near the exit of Holbrook-Palmer Park, which is town property. DeGolia warned that building housing in the park could put the town’s ownership of the park in jeopardy.

Again, the majority of council members pushed back against the idea and ultimately it was taken off the table.

Widmer said he’d be open to the idea if the housing were restricted to workforce housing.

Olive Holbrook Palmer deeded her family’s 22-acre Elmwood Estate to the town of Atherton after her death in 1959 on the condition that the town use it only for recreational purposes. If Atherton did not want the property, or if it ceased being used as a park, it would go to Stanford University, according to the deed. The deed specifies that the park should not be used for “commercial or housing” purposes.

“It hasn’t happened with the one house (Gilmore house),” he said “I don’t think our residents want to risk losing the park.”

Zoning overlays ditched

The town approved four sites for upzoning, with split votes, including the 23 Oakwood Blvd. site back in May, but these were ultimately scrapped from the plan.

The council previously designated an approximately 1.42-acre empty field at 97 Santiago Ave. for 6 units per acre. The site is located off Valparaiso Avenue and sold last month for $9.3 million, according to Redfin.

The property at 170 Atherton Ave., which was formerly part of the Gap founders’ Doris and Don Fisher’s estate in West Atherton, which is about 4 acres, was set at eight units per acre. The lot was listed for sale along with the 2-acre 154 Atherton Ave. and 2-acre 178 Atherton Ave. for $100 million in 2021, according to Trulia. The current property owner at this site expressed interest in developing high density housing, according to the town.

The property at 290 Polhemus Ave. near Alameda de Las Pulgas and Stockbridge Avenue, is approximately 5 acres, was set at eight units per acre. The overlay was approved unanimously. This site was removed because the owner isn’t interested in developing it.

The City Council will discuss revisions of the housing element during Wednesday, Jan. 18, at 6 p.m. The meeting takes place on Zoom and in Council Chambers, 80 Fair Oaks Lane.

Watch a video of the meeting here:

Uploaded: Mon, Jan 16, 2023, 11:43 am
After hearing feedback from town consultants, local housing advocates, some residents and even a former council member, the Atherton City Council opted to add multifamily housing back into its state-mandated housing element plan, but some sites were left on the cutting room floor.
The council opted to include a swath of lots along El Camino Real and an empty lot on Oakwood Boulevard, which the owner plans to develop, during a Wednesday, Jan. 11, meeting. The revised plan is due to the state Housing and Community Development Department (HCD) on Jan. 31.
Bob Polito, who finished his council term last month, attended the meeting via Zoom to urge the City Council to ditch its mostly accessory dwelling unit (ADU) strategy to meet the state’s requirements to plan for 348 new units, across various income levels, in town over the next eight years. The state rejected this initial plan in a 16-page letter in October. He said he “begrudgingly” went along with the draft as a starting point for a housing plan when he was on the council.
He suggested lots along the El Camino Real corridor would be best for development. He said the current plan at best would get a “D” grade from HCD.
“A handful of well-planned, well-located and carefully controlled projects with multifamily will be much more impactful and will lead to an approved housing element from HCD,” he said. “Time is of the essence. … We need to be ready with a well-vetted plan before our housing element is denied and before litigation and a builder’s remedy have a chance to blossom.”
During the meeting, town consultants said the plan that was submitted to HCD over the summer will not get approved without adding multifamily housing.
“(Meeting) lower income housing (goals) with ADUs is not going to fly with the state,” said town consultant Diana Elrod.
Council member Rick DeGolia was more hesitant to add multifamily housing to the plan, as he’s previously said that because of the land value in Atherton (about $8 million per acre) there’s no way to build new affordable housing through townhouses. He has supported the ADU strategy.
“I personally don’t think HCD is going to approve anything that we submit,” he said.
Residents and council members described the planning process as a bit of a “whack-a-mole” as once a housing site is proposed in town whoever lives around that area objects to development there.
Others are concerned about the so-called builder’s remedy, which allows for residential projects to move forward even if they do not comply with local development standards, taking effect come Feb. 1. With the builder’s remedy, cities and towns could be required to approve any project that has 20% of its units designated for affordable or low-income households, or 100% moderate income households, even if the project exceeds the zoning and general plan density requirements.
Several residents wrote a Jan. 11 letter telling the town it can be part of the regional housing solution while maintaining its character as a family-oriented, residential community. They said they support strategies including reducing minimum lot sizes and dimensions, adding multifamily overlay zones, and allowing higher density at sites on Oakwood and Atherton Avenue, especially where owners are interested in developing denser or multifamily housing.
“We also support the idea of exploring multifamily housing on town property including a portion of Holbrook-Palmer Park,” wrote Ellen Jamason, Giacomo Marini and Serena Marini. “We believe that even if the state accepts our housing element in January without these features, it is likely that the town will need to identify additional housing units before the end of this 8-year cycle, and that the town should start preparing for that situation now. More importantly, we believe that we all benefit by welcoming neighbors of diverse income and cultural backgrounds, and that there is room for more here in Atherton.”
Not everyone was thrilled about the prospects of upzoning Atherton.
Toward the end of the meeting, one resident had an angry outburst against multifamily housing in town, and Mayor Bill Widmer urged the resident to settle down.
“There are five people up here who have to make this decision,” he told the resident. “Everybody has said ‘yeah I support it (multifamily), but anywhere but here.’ We’re not going to have any more public comment please.”
23 Oakwood Blvd.
The council’s biggest fear going into the meeting was the builder’s remedy applying to 23 Oakwood Blvd., a 1.52-acre property where the owner has expressed interest in building townhouses. There’s currently a 3-bedroom, 2-bath, 2,370-square-foot home on the property, according to Zillow.
The owner, David Arata, wants to upzone his land and is interested in moving the project forward. Although he doesn’t want to pursue a builder’s remedy, he’s well aware of state requirements of the town if the remedy is enacted, town staff said.
Arata, who inherited the land from his mother who died two and a half years ago, originally brought his plan to develop the site for townhouses, which he plans to sell, to the Planning Commission about two years ago. He said he knew that townhouses wouldn’t fly in Atherton, but plans also froze as the town begin figuring out how it would meet it state-mandated housing goals.
“It would be more a little village than a big apartment building,” he said. “‘Housing element’ when you mention that people snap; they think it’s going to be low income and it’s going to massive buildings stuck together.”
Initially the council voted 4-1 to rezone 23 Oakwood Blvd., which the council had designed for 16 units per acre in a previous draft of the element, to 20 units per acre (the number of units per acre that HCD deems necessary for affordable housing). With 20 units per acre, Arata could have built up to 30 units.
With DeGolia dissenting in the initial vote, the council voted again, 5-0, to zone it 10 units per acre instead. The town would require 20% of the units to be affordable. This means Arata could build up to 15 units.
“We would probably make it up by just making bigger units, which is OK,” Arata told The Almanac on Monday, Jan. 16. He said he understand the council is under a lot of pressure from residents not to allow multifamily housing in town.
Rodericks noted that 10 units per acre does show that the town is building multifamily housing and lets the town have more control of the space.
Neighbor Scott Wylie urged the council to not let the owner change the residential nature of the neighborhood. He also worries about the traffic impact on the neighborhood, which he described as “countrylike.”
El Camino Real corridor from Stockbridge Avenue to Cebalo Lane
The council voted 4-1, with DeGolia voting against, to rezone 17 lots along the western border of El Camino Real from Stockbridge Avenue to Cebalo Lane to allow up to 20 units per acre, and to start a program to encourage the consolidation of parcels.
The total acreage is roughly 6.7 acres, said Town Manager George Rodericks in an email. Development and aggregation would be up to the property owners.
One hiccup in the plan is that the lot sizes along El Camino Real are fairly small compared to others in town.
“Any site less than half an acre can not be included in affordable housing,” said town consultant Diana Elrod. The town would have to aggregate the sites in some way, they said. Most of the sites are under 1 acre, with several being about 0.3 acres.
“The town would encourage lot aggregation through policy programs such as waiver of fees, ministerial processing, etc.,” he said. “But development would be property owner dependent. A develop(er) could, of course, purchase property from willing sellers and move things forward that way; but absent that — it is up to the underlying owners.”
Polito said the town could buy property for an affordable debt level. It could be no more than an $8 million investment and an affordable housing group could lease the space, he said. If the town just purchased two parcels and helped develop housing, it could lead to “significant number” of affordable housing units, he said.
“This is all part of the vetting that needs to be done,” he said.
DeGolia doesn’t think the town has the funds to build property on the corridor. Widmer also had some hesitancy.
“How much liability are we taking on?” he said, noting that the town still has to pay off the costs of the Town Center and Atherton Channel.
The town sent a letter to residents on Jan. 12 explaining that upzoning, under consideration in multiple locations, does not “discontinue” current uses of a property, but opens the door for redevelopment under revised zoning requirements.
“Properties highlighted on the attached map are being considered by the City Council for inclusion in the housing element as properties that could be upzoned to allow for the development of multifamily affordable units,” the letter states. “As part of the process, the town would develop specific development standards for those properties to ensure harmony in surrounding land uses and protect the interests of adjacent properties.”
Housing at Menlo College
Both council members and housing advocates voiced concerns during the meeting that a good portion of the housing plan banks on 40 moderate- to low-income homes being built at Menlo College along El Camino Real, which hasn’t yet committed to building the units.
The four-year, private college’s president, Steve Weiner, expressed strong interest in building more housing on campus, but he has previously said that building the homes is dependent on if the school can land financing, an estimated $20 million.
DeGolia previously said that a letter from the college with an update on its commitment to housing could be expected this month, but no such letter has yet surfaced. DeGolia said the latest he’s heard is that the college has been offered funds for a schematic plan of new housing.
Elrod said that there could be a potential issue with fair housing if only people affiliated with the school could live in the units.
Housing advocates said HCD might have doubts the development will come to fruition since a similar housing project at the college was included in past housing element cycles and was not built.
Sites off the table:
Gilmore House
Hawkins-Manuelian again brought up building on the nearly 1 acre property where the Gilmore House currently stands near the exit of Holbrook-Palmer Park, which is town property. DeGolia warned that building housing in the park could put the town’s ownership of the park in jeopardy.
Again, the majority of council members pushed back against the idea and ultimately it was taken off the table.
Widmer said he’d be open to the idea if the housing were restricted to workforce housing.
Olive Holbrook Palmer deeded her family’s 22-acre Elmwood Estate to the town of Atherton after her death in 1959 on the condition that the town use it only for recreational purposes. If Atherton did not want the property, or if it ceased being used as a park, it would go to Stanford University, according to the deed. The deed specifies that the park should not be used for “commercial or housing” purposes.
“It hasn’t happened with the one house (Gilmore house),” he said “I don’t think our residents want to risk losing the park.”
Zoning overlays ditched
The town approved four sites for upzoning, with split votes, including the 23 Oakwood Blvd. site back in May, but these were ultimately scrapped from the plan.
The council previously designated an approximately 1.42-acre empty field at 97 Santiago Ave. for 6 units per acre. The site is located off Valparaiso Avenue and sold last month for $9.3 million, according to Redfin.
The property at 170 Atherton Ave., which was formerly part of the Gap founders’ Doris and Don Fisher’s estate in West Atherton, which is about 4 acres, was set at eight units per acre. The lot was listed for sale along with the 2-acre 154 Atherton Ave. and 2-acre 178 Atherton Ave. for $100 million in 2021, according to Trulia. The current property owner at this site expressed interest in developing high density housing, according to the town.
The property at 290 Polhemus Ave. near Alameda de Las Pulgas and Stockbridge Avenue, is approximately 5 acres, was set at eight units per acre. The overlay was approved unanimously. This site was removed because the owner isn’t interested in developing it.
The City Council will discuss revisions of the housing element during Wednesday, Jan. 18, at 6 p.m. The meeting takes place on Zoom and in Council Chambers, 80 Fair Oaks Lane.
Watch a video of the meeting here:

Facing mounting pressure, Atherton adds multifamily housing back …  The Almanac Online

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Chicago ADU program hasn’t sparked granny flat, coach house wave

The Khamlins’ new home is one of three basement apartments that developer Gabe Horstick added to nine existing units in the 1930s brick building on Kedzie Boulevard after buying it in July 2021. Horstick’s firm, Base 3 Development, was able to add the three because of the city’s two-year-old ordinance allowing new additional dwelling units, or ADUs, including basement or attic apartments and detached coach houses, for the first time since they were banned in 1957.

The ordinance allowed Horstick to add three units if one met affordability requirements. He says it worked for him, “because I could turn a nine-unit building into a 12,” enhancing rental income.

And it worked for the Khamlins, who pay about $1,500 a month for the three-bedroom unit, a little more than half the monthly rent Horstick plans to charge for the other two ADUs.

In-demand Logan Square got a few new housing units, one of them within affordability guidelines, the landlord got to boost his profitability, and a struggling immigrant family found a comfortable spot.

Now, if that success can be replicated dozens or hundreds of times around the city, the ADU program will trigger a wave of new affordable housing in Chicago. So far, however, it’s more like a ripple confined to affluent North Side neighborhoods. Of 403 applications that have been approved, 84% are in the North and Northwest Side pilot zones, according to Department of Housing policy director Daniel Hertz.

The applications cover 454 units, 40 of them meeting the city’s affordability guidelines. The great majority are not yet built. As of late October, according to the Department of Housing, construction permits had been issued for 122 units, with permits pending for 78 more.

The ADU ordinance—approved in December 2020, with the first applications for permits available in May 2021—has not yet set off big changes in the city’s housing profile, although city officials and developers say some tweaks and expansions that are pending could speed it up. To be fair, it should be noted that the COVID-years supply-chain disruptions and increased construction costs contributed to the seemingly slow pace of new units getting built.

Even so, changes are needed. Two that are crucial, says city Housing Commissioner Marisa Novara, are adding a staffer to focus on getting ADU financing and expertise to property owners on the city’s South and West sides and opening the ADU ordinance to the entire city, not just the five pilot zones approved in 2020. 

Novara told Crain’s in late December that she’s been authorized to add a staff position whose brief will include ADU assistance that may bring more such units to places like Grand Crossing and Washington Park.

Expanding beyond the pilot zones is not yet scheduled but is a goal, Novara said. Limiting ADUs to pilot zones initially was a compromise made to get City Council approval.

One developer of ADUs says it dramatically undercut the rollout. “At least half the inquiries I get are from people who are outside the pilot zones,” says David Wallach, a longtime Chicago builder who heads the ADU-focused firm Chicago Granny Flats. “There’s demand from all over the city, if we were allowed to build all over the city.”

Wallach’s firm is building its fourth new coach house-style ADU. One is in Evanston, which also approved ADUs in 2020, and two of the city projects are for homeowners who told Crain’s they’re adding the space for home offices, but with bathrooms and kitchens so they can be lived in by family members or become rental tenants later if the need arises. That is, they’re essentially expanding their own living space thanks to an ordinance intended to create new housing units.

While that may seem to evade the spirit of the ordinance, Wallach and the two city officials defended them as creating at least potential new living units. On top of that, Wallach says, building a coach house on a Chicago alley has the added benefit of putting eyes on that alley, potentially making it safer.

The Khamlins’ new home is one of three basement apartments that developer Gabe Horstick added to nine existing units in the 1930s brick building on Kedzie Boulevard after buying it in July 2021. Horstick’s firm, Base 3 Development, was able to add the three because of the city’s two-year-old ordinance allowing new additional dwelling units, or ADUs, including basement or attic apartments and detached coach houses, for the first time since they were banned in 1957.

The ordinance allowed Horstick to add three units if one met affordability requirements. He says it worked for him, “because I could turn a nine-unit building into a 12,” enhancing rental income.

And it worked for the Khamlins, who pay about $1,500 a month for the three-bedroom unit, a little more than half the monthly rent Horstick plans to charge for the other two ADUs.

In-demand Logan Square got a few new housing units, one of them within affordability guidelines, the landlord got to boost his profitability, and a struggling immigrant family found a comfortable spot.

Now, if that success can be replicated dozens or hundreds of times around the city, the ADU program will trigger a wave of new affordable housing in Chicago. So far, however, it’s more like a ripple confined to affluent North Side neighborhoods. Of 403 applications that have been approved, 84% are in the North and Northwest Side pilot zones, according to Department of Housing policy director Daniel Hertz.

The applications cover 454 units, 40 of them meeting the city’s affordability guidelines. The great majority are not yet built. As of late October, according to the Department of Housing, construction permits had been issued for 122 units, with permits pending for 78 more.

The ADU ordinance—approved in December 2020, with the first applications for permits available in May 2021—has not yet set off big changes in the city’s housing profile, although city officials and developers say some tweaks and expansions that are pending could speed it up. To be fair, it should be noted that the COVID-years supply-chain disruptions and increased construction costs contributed to the seemingly slow pace of new units getting built.

Even so, changes are needed. Two that are crucial, says city Housing Commissioner Marisa Novara, are adding a staffer to focus on getting ADU financing and expertise to property owners on the city’s South and West sides and opening the ADU ordinance to the entire city, not just the five pilot zones approved in 2020. 

Novara told Crain’s in late December that she’s been authorized to add a staff position whose brief will include ADU assistance that may bring more such units to places like Grand Crossing and Washington Park.

Expanding beyond the pilot zones is not yet scheduled but is a goal, Novara said. Limiting ADUs to pilot zones initially was a compromise made to get City Council approval.

One developer of ADUs says it dramatically undercut the rollout. “At least half the inquiries I get are from people who are outside the pilot zones,” says David Wallach, a longtime Chicago builder who heads the ADU-focused firm Chicago Granny Flats. “There’s demand from all over the city, if we were allowed to build all over the city.”

Wallach’s firm is building its fourth new coach house-style ADU. One is in Evanston, which also approved ADUs in 2020, and two of the city projects are for homeowners who told Crain’s they’re adding the space for home offices, but with bathrooms and kitchens so they can be lived in by family members or become rental tenants later if the need arises. That is, they’re essentially expanding their own living space thanks to an ordinance intended to create new housing units.

While that may seem to evade the spirit of the ordinance, Wallach and the two city officials defended them as creating at least potential new living units. On top of that, Wallach says, building a coach house on a Chicago alley has the added benefit of putting eyes on that alley, potentially making it safer.

Chicago ADU program hasn’t sparked granny flat, coach house wave  Crain’s Chicago Business

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State of the State: N.Y. Gov. Hochul proposes legalizing basement apartments in NYC

STATEN ISLAND, N.Y. — Gov. Kathy Hochul outlined her sweeping plans to expand access to New York housing, including a proposal that New York City be given the authority to legalize basement apartments, during her State of the State address on Tuesday.

During her speech, Hochul emphasized that the Empire State’s increasing job opportunities are outpacing development of new homes.

“Over the last 10 years, our state has created 1.2 million jobs — but only 400,000 new homes. Many forces led to this state of affairs,” she said. “But front and center are the local land use policies that are the most restrictive in the nation.”

The governor’s New York Housing Compact, which she described as a “groundbreaking strategy to catalyze the housing development we need for our communities to thrive,” includes various plans to mitigate “red tape” that is slowing down development and create 800,000 new homes over the next decade.

One such a plan in the “State of the State Book” would create a pathway to legalize basement dwellings that are currently barred by law in New York City and “bring these homes out of the shadows” into a regulated market.

The policy would allow the city to provide amnesty by local law for existing basement units — known as accessory dwelling units (ADU) — that meet health and safety standards set by the city. This builds on the $85 million capital program in the governor’s housing plan in fiscal year 2023 to assist New York homeowners with converting basements to safe residences.

Hochul initially proposed ADU expansion that involved changing statewide zoning laws for last year’s state budget, but pulled it after being met with bipartisan pushback.

Staten Island residents protested, arguing that the zoning changes would change their neighborhoods forever.

According to estimates from the New York City Comptroller’s office, Staten Island has some of the highest numbers of basement apartments alongside Queens and Brooklyn. Exact numbers are unknown, due to the secrecy of ADUs in an underground market.

City Comptroller Brad Lander released a report in August 2022 in which he proposed the creation of “Basement Resident Protection Law” to institute a board to regulate basement apartments with a particular interest in safety compliance.

Flooding during storms has brought concerns about the welfare of ADU residents to the forefront. Lander pointed to the devastation Hurricane Ida wrought in 2021 to illustrate the need to bring ADUs into a regulated market.

Of the 13 deaths recorded after the September storm, 11 died in illegal basement apartments located in Brooklyn and Queens. The city’s Buildings Department reported that five of the six basement apartments had been illegally converted.

RELATED STORIES

Regulating Staten Island’s basement apartments will make them safer | Our opinion

As Hochul walks back mother-daughter apartment plan, Staten Islanders continue push against housing changes

State of the State: New York Gov. Hochul announces new climate proposals

FOLLOW GIAVANNI ALVES ON FACEBOOK AND TWITTER.

STATEN ISLAND, N.Y. — Gov. Kathy Hochul outlined her sweeping plans to expand access to New York housing, including a proposal that New York City be given the authority to legalize basement apartments, during her State of the State address on Tuesday.

During her speech, Hochul emphasized that the Empire State’s increasing job opportunities are outpacing development of new homes.

“Over the last 10 years, our state has created 1.2 million jobs — but only 400,000 new homes. Many forces led to this state of affairs,” she said. “But front and center are the local land use policies that are the most restrictive in the nation.”

The governor’s New York Housing Compact, which she described as a “groundbreaking strategy to catalyze the housing development we need for our communities to thrive,” includes various plans to mitigate “red tape” that is slowing down development and create 800,000 new homes over the next decade.

One such a plan in the “State of the State Book” would create a pathway to legalize basement dwellings that are currently barred by law in New York City and “bring these homes out of the shadows” into a regulated market.

The policy would allow the city to provide amnesty by local law for existing basement units — known as accessory dwelling units (ADU) — that meet health and safety standards set by the city. This builds on the $85 million capital program in the governor’s housing plan in fiscal year 2023 to assist New York homeowners with converting basements to safe residences.

Hochul initially proposed ADU expansion that involved changing statewide zoning laws for last year’s state budget, but pulled it after being met with bipartisan pushback.

Staten Island residents protested, arguing that the zoning changes would change their neighborhoods forever.

According to estimates from the New York City Comptroller’s office, Staten Island has some of the highest numbers of basement apartments alongside Queens and Brooklyn. Exact numbers are unknown, due to the secrecy of ADUs in an underground market.

City Comptroller Brad Lander released a report in August 2022 in which he proposed the creation of “Basement Resident Protection Law” to institute a board to regulate basement apartments with a particular interest in safety compliance.

Flooding during storms has brought concerns about the welfare of ADU residents to the forefront. Lander pointed to the devastation Hurricane Ida wrought in 2021 to illustrate the need to bring ADUs into a regulated market.

Of the 13 deaths recorded after the September storm, 11 died in illegal basement apartments located in Brooklyn and Queens. The city’s Buildings Department reported that five of the six basement apartments had been illegally converted.

RELATED STORIES

Regulating Staten Island’s basement apartments will make them safer | Our opinion

As Hochul walks back mother-daughter apartment plan, Staten Islanders continue push against housing changes

State of the State: New York Gov. Hochul announces new climate proposals

FOLLOW GIAVANNI ALVES ON FACEBOOK AND TWITTER.

State of the State: N.Y. Gov. Hochul proposes legalizing basement apartments in NYC  SILive.com

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St. Helena lifts restrictions on accessory dwelling units

The city of St. Helena is rushing to comply with a new state law removing local restrictions on accessory dwelling units.

Support local news coverage and the people who report it by subscribing to the Napa Valley Register. 

The City Council adopted an urgency ordinance on Tuesday amending its ADU policies. The new regulations make it easier for property owners to apply for and build the structures, also known as second units or granny units.

ADUs can now be taller — up to 18-25 feet, depending on their location — and are no longer subject to front setback requirements under some circumstances.

The city must approve or deny an ADU application within 60 days. A denial must be justified with detailed comments explaining how to remedy the application’s deficiencies.

Attorney Anne Branham, who is advising St. Helena and other jurisdictions on ADU policies, said the urgency ordinance will allow the city to maintain “the small amount of local control the state has left you.”

Senate Bill 897, which took effect Jan. 1, is part of a wave of California legislation that limits the ability of local governments to regulate housing. Other limits on local control will be reflected in the city’s new zoning code.

In San Francisco, homeless people and their advocates are asking a federal judge to issue an emergency order to stop the city from destroying tent encampments.


You can reach Jesse Duarte at (707) 967-6803 or jduarte@sthelenastar.com.

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The city of St. Helena is rushing to comply with a new state law removing local restrictions on accessory dwelling units.

Support local news coverage and the people who report it by subscribing to the Napa Valley Register. 

The City Council adopted an urgency ordinance on Tuesday amending its ADU policies. The new regulations make it easier for property owners to apply for and build the structures, also known as second units or granny units.
ADUs can now be taller — up to 18-25 feet, depending on their location — and are no longer subject to front setback requirements under some circumstances.
The city must approve or deny an ADU application within 60 days. A denial must be justified with detailed comments explaining how to remedy the application’s deficiencies.
Attorney Anne Branham, who is advising St. Helena and other jurisdictions on ADU policies, said the urgency ordinance will allow the city to maintain “the small amount of local control the state has left you.”

Senate Bill 897, which took effect Jan. 1, is part of a wave of California legislation that limits the ability of local governments to regulate housing. Other limits on local control will be reflected in the city’s new zoning code.

In San Francisco, homeless people and their advocates are asking a federal judge to issue an emergency order to stop the city from destroying tent encampments.

Photos: Accessory dwellings get another look in tight housing market

In this example of an Accessory Dwelling Unit, a small home is separate from a main house. Proponents say ADUs are a low-impact, energy-efficient way to create more living space.

Tripp Smith Photography for Bigger Than Tiny, Smaller Than Average via AP

Accessory Dwelling Units, or ADUs, are also know as granny flats, in-law units or backyard bungalows.

Eric Staudenmaier Photography for Bigger Than Tiny, Smaller Than Average via AP

Mark Woods Photography for Bigger Than Tiny, Smaller Than Average via AP

Mark Woods Photography for Bigger Than Tiny, Smaller Than Average via AP

Eric Staudenmaier Photography for Bigger Than Tiny, Smaller Than Average via AP

Mark Woods Photography for Bigger Than Tiny, Smaller Than Average via AP

You can reach Jesse Duarte at (707) 967-6803 or jduarte@sthelenastar.com.

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Get local news delivered to your inbox!

St. Helena lifts restrictions on accessory dwelling units  Napa Valley Register

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What To Do With The ADUs?

They are called Accessory Dwelling Units, or ADUs for short, and it was this subject that consumed the best part of a two-hour Marysville City Council meeting Monday.

ADUs are just as described, additional housing units – which can be either attached or detached from a single-family home – inside the city limits. While there are a number of ADUs in use in the city right now, the Marysville City Council is seeking to codify their existence. New ADUs will have to meet certain standards to include matching architectural styles, living space minimums and maximums, height requirements and so on. As of now, the City of Marysville has no standard code for the use of ADUs and two ordinances that were before Council Monday for second readings and public hearings would regulate their construction and use. ADUs that are already in use will be grandfathered in; the legislation will mostly affect only new construction.

After the measure was first introduced to the Marysville City Council at its last regular meeting in December, a number of questions were raised, again concerning the architectural styles, minimum space requirements and zoning changes which would codify their use. The ordinances would not allow for a recreational vehicle, for instance, to be used as an ADU, but would allow a garage conversion into living space or an addition – again either attached or detached to the original structure – on a single-family lot. Often called “In-Law” homes or “Grandma” homes, these small units are often used for just that, a place for elderly relatives to live with their families, yet retain a certain amount of independence as the ADUs have their own kitchenettes and water/sewer lines.

Several members of the public addressed – both for and against – the codification of the ADUs at Monday’s meeting. As many sections of the city have Homeowners Associations, where ADUs are not permitted under the HOA’s rules, Donald Boerger, who represents the city’s 4th Ward, noted that the 4th Ward would most likely be the areas that ADUs are to be utilized and expressed his dissatisfaction for the measures, fearing that an expansion of ADUs would harm the historical and architectural significance of his ward, leading to a spike in rental units, which he said are often neglected and in disrepair, which in turn leads to falling property values where the ADUs are to be located.

But the real debate of the subject Monday concerned matters of semantics and governmental intervention. That ADUs exist and will likely be codified is a matter of fact, it’s the manner on how future ADUs will be regulated that is at the heart of this ongoing debate.

A number of changes were made to the original ordinances that were given during their first readings at the last Marysville City Council meeting which include the size limits as noted above (ADUs may not be larger than the existing structure in term of square footage, nor may they be taller than the existing structure or over 30 feet in height), architectural integrity by using with the same materials, colors and styles of the existing building, and paved or concrete driveways. These updates were welcomed as a whole, but the bone of contention remains as it has been since the ordinances introduction: Which city board or commission will have the final say on the matter?

This is the very heart of the matter, deciding whether or not the ADUs should be considered incidental use or conditional use and whether or not both the Planning Commission and the Design Review Board will have a say in the matter as applications for ADUs are made.  There are those who argued that an application and approval by the DRB should be enough, while others insist that ADU applications must go before both the DRB and the Planning Commission and receive approval from both.

Again, it appears likely that the Marysville City Council will eventually recognize and codify the use of ADUs in the city – numerous cities in Ohio and throughout the country have already done so – with the added stipulations, but how the city plans to advance the matter remains up in the air. Both ordinances dealing with the ADUs will be up for a third reading and final vote at the next Marysville City Council meeting.

In other action, the Marysville City Council passed a resolution allowing the city manager to apply for transportation alternative funds from the Ohio Department of Transportation for the State Route 31 widening project. The project is expected to be started in 2024 and will add turn lanes, sidewalks and traffic lights on Maple St/SR 31 from Elwood Ave to the U.S. Route 33 interchange. The city already has $2,000,000 earmarked in the budget for the project and will be asking the state to kick in a similar amount for its completion. President of Council Henk Berbee looks forward to the project, noting that the Maple St./Elwood Ave. intersection has been a “nightmare” for years and estimated that by the time ground is broken on the project, costs are expected to be north of $4.5M.

Also passed on the third reading and final vote was an ordinance amending the city code in regard to connection of city utilities to properties that border the city limits. The measure passed without a dissenting vote.

Prior to the council meeting, the Public Safety/Service Committee had its monthly meeting where City Engineer Kyle Hoyng outlined the acceptance of public dedicated infrastructure which includes Chestnut Crossing Phase 1 (street/water/storm/sanitary), Warner Rd (water & sanitary only), Village of Timberlakes Phase 5 Section 1 (water & sanitary only), Village Neighborhood 3 (water only), Residence at Bethel Woods (water & sanitary only), Eversole Run Neighborhood 2 (sanitary only), Marysville Flats (water only),Woodside Phase 1 (water/storm/sanitary) and Keystone Crossing Section 3 (street/water/storm/sanitary). No official action was taken by the PSSC on Mr. Hoyng’s report Monday.

The Marysville City Council is scheduled to meet again Monday, January 23 at 7 p.m.

They are called Accessory Dwelling Units, or ADUs for short, and it was this subject that consumed the best part of a two-hour Marysville City Council meeting Monday.

ADUs are just as described, additional housing units – which can be either attached or detached from a single-family home – inside the city limits. While there are a number of ADUs in use in the city right now, the Marysville City Council is seeking to codify their existence. New ADUs will have to meet certain standards to include matching architectural styles, living space minimums and maximums, height requirements and so on. As of now, the City of Marysville has no standard code for the use of ADUs and two ordinances that were before Council Monday for second readings and public hearings would regulate their construction and use. ADUs that are already in use will be grandfathered in; the legislation will mostly affect only new construction.

After the measure was first introduced to the Marysville City Council at its last regular meeting in December, a number of questions were raised, again concerning the architectural styles, minimum space requirements and zoning changes which would codify their use. The ordinances would not allow for a recreational vehicle, for instance, to be used as an ADU, but would allow a garage conversion into living space or an addition – again either attached or detached to the original structure – on a single-family lot. Often called “In-Law” homes or “Grandma” homes, these small units are often used for just that, a place for elderly relatives to live with their families, yet retain a certain amount of independence as the ADUs have their own kitchenettes and water/sewer lines.

Several members of the public addressed – both for and against – the codification of the ADUs at Monday’s meeting. As many sections of the city have Homeowners Associations, where ADUs are not permitted under the HOA’s rules, Donald Boerger, who represents the city’s 4th Ward, noted that the 4th Ward would most likely be the areas that ADUs are to be utilized and expressed his dissatisfaction for the measures, fearing that an expansion of ADUs would harm the historical and architectural significance of his ward, leading to a spike in rental units, which he said are often neglected and in disrepair, which in turn leads to falling property values where the ADUs are to be located.

But the real debate of the subject Monday concerned matters of semantics and governmental intervention. That ADUs exist and will likely be codified is a matter of fact, it’s the manner on how future ADUs will be regulated that is at the heart of this ongoing debate.

A number of changes were made to the original ordinances that were given during their first readings at the last Marysville City Council meeting which include the size limits as noted above (ADUs may not be larger than the existing structure in term of square footage, nor may they be taller than the existing structure or over 30 feet in height), architectural integrity by using with the same materials, colors and styles of the existing building, and paved or concrete driveways. These updates were welcomed as a whole, but the bone of contention remains as it has been since the ordinances introduction: Which city board or commission will have the final say on the matter?

This is the very heart of the matter, deciding whether or not the ADUs should be considered incidental use or conditional use and whether or not both the Planning Commission and the Design Review Board will have a say in the matter as applications for ADUs are made.  There are those who argued that an application and approval by the DRB should be enough, while others insist that ADU applications must go before both the DRB and the Planning Commission and receive approval from both.

Again, it appears likely that the Marysville City Council will eventually recognize and codify the use of ADUs in the city – numerous cities in Ohio and throughout the country have already done so – with the added stipulations, but how the city plans to advance the matter remains up in the air. Both ordinances dealing with the ADUs will be up for a third reading and final vote at the next Marysville City Council meeting.

In other action, the Marysville City Council passed a resolution allowing the city manager to apply for transportation alternative funds from the Ohio Department of Transportation for the State Route 31 widening project. The project is expected to be started in 2024 and will add turn lanes, sidewalks and traffic lights on Maple St/SR 31 from Elwood Ave to the U.S. Route 33 interchange. The city already has $2,000,000 earmarked in the budget for the project and will be asking the state to kick in a similar amount for its completion. President of Council Henk Berbee looks forward to the project, noting that the Maple St./Elwood Ave. intersection has been a “nightmare” for years and estimated that by the time ground is broken on the project, costs are expected to be north of $4.5M.

Also passed on the third reading and final vote was an ordinance amending the city code in regard to connection of city utilities to properties that border the city limits. The measure passed without a dissenting vote.

Prior to the council meeting, the Public Safety/Service Committee had its monthly meeting where City Engineer Kyle Hoyng outlined the acceptance of public dedicated infrastructure which includes Chestnut Crossing Phase 1 (street/water/storm/sanitary), Warner Rd (water & sanitary only), Village of Timberlakes Phase 5 Section 1 (water & sanitary only), Village Neighborhood 3 (water only), Residence at Bethel Woods (water & sanitary only), Eversole Run Neighborhood 2 (sanitary only), Marysville Flats (water only),Woodside Phase 1 (water/storm/sanitary) and Keystone Crossing Section 3 (street/water/storm/sanitary). No official action was taken by the PSSC on Mr. Hoyng’s report Monday.

The Marysville City Council is scheduled to meet again Monday, January 23 at 7 p.m.

What To Do With The ADUs?  Union County Daily Digital

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