a report from Councillor Dennis J. Carlone and Councillor Craig A. Kelley, Co-Chairs of the Ordinance Committee, for a public hearing held on February 5, 2019 to discuss the petition filed by the City Council to amend the Zoning Ordinances in Section 4.22 to allow for a special permit for the alteration of a single, two-family or accessor structure in existence as of January 2019

ATTACHMENTA 6.8 City of Cambridge 0.8 IN CITY COUNCIL December 3, 2018 COUNCILLOR KELLEY COUNCILLOR CARLONE COUNCILLOR ZONDERVAN Recognizing the need to maximize opportunities for increasing residential units in WHEREAS: Cambridge, the Cambridge City Council recently changed its zoning to allow easier creation of accessory dwelling units; and WHEREAS: The creation of these new units is still not completely allowed in many cases per the City's existing zoning laws and may still require zoning relief to allow construction; now be it therefore •... .. :.. Packet Pg. 253

6.8 ORDERED: That the amendment to the zoning ordinance in section 4.22 be forwarded to the Planning Board and the Ordinance Committee for a hearing and report; said amendment to be viewed as a zoning solution to the challenges posed by current zoning constraints regarding accessory dwelling units; which reads as follows: 4.22.1 In all districts, the Board of Zoning Appeal may grant a Special Permit for alteration of a single family, two-family or accessory structure in existence as of 1 January, 2019 to provide one accessory apartment if the following conditions are met: 1. Only one accessory dwelling unit is allowed on any lot. 2. The dwelling has not been substantially enlarged since built. The addition in the aggregate of two hundred and fifty (250) square feet or more of gross floor area or six (6) inches of height shall be considered a substantial enlargement. 3. Prior to alteration, the principal dwelling contains at least one thousand eight hundred (1800) square feet of gross floor area. 4. Such accessory apartment shall not occupy more than nine hundred (900) square feet or thirty- five (35) percent of the gross floor area of the principal dwelling, whichever is less. 5. The owner(s) of the residence in conjunction with which the accessory dwelling unit is must continue to occupy at least one of the dwelling units as their primary residence. Prior.to. issuance of a building permit, the owner(s) must submit a notarized letter stating that the owner will occupy one of the dwelling units on the premises as the owner's primary residence. Subsequent changes in ownership does not remove the requirement for the owner(s) of the accessory dwelling unit to live in one of the dweiling units as their primary unit. 6. Any existing two-family home may be converted to a single-family home with an accessory unit by right, without need for a Special Permit. 7. Parking requirements are not applicable to accessory dwelling units. 8. The accessory apartment does not count towards determination of lot area per dwelling unit. 9. The Board will consider flooding concerns when reviewing basement accessory units. in granting a Special Permit, the Board may impose such conditions, including limitations on other accessory uses of the premises, as it may deem appropriate to avoid detriment to the neighborhood or to nearby persons or property. The Board of Zoning Appeal shall evaluate each Special Permit application which involves exterior changes with consideration of the appearance and character of the neighborhood and may require that there be no change or minimal change to any face of a building oriented toward a public way or visible from a public way. 4.22.12 Accessory Structure Apartment. An accessory apartment in an accessory structure on the same lot may be allowed by Special Permit if the following criteria are met: 1. The gross floor area of the apartment does not exceed one thousand (1000) square feet. 2. The Special Permit Granting Authority determines that the exterior appearance of the accessory structure is compatible with the principal dwelling on the same lot and with dwellings and accessory structures on adjoining lots Article 2.000 Definitions Accessory Apartment. An accessory use with one or more rooms with separate kitchen and bathroom facilities, constituting a dwelling unit, located with and under the same ownership as the primary dwelling per Section 4.22.1 and designated for the occupancy of a single family. Packet Pg. 254

ATTAIHMENTB CITY OF CAMBRIDGE Community Development Department To: Planning Board From: Jeff Roberts, Director of Zoning and Development IRAM FAROOQ Assistant City Manager for Date: January 14, 2019 Community Development Re: Accessory Apartments Zoning Amendment Petition SANDRA CLARKE Deputy Director Overview Chief of Administration The City Council has proposed amending the provisions of the Zoning Ordinance KHALIL MOGASSABI pertaining to accessory apartments (also referred to in the proposal as "accessory Deputy Director Chief of Planning dwelling units" or "accessory units"), contained in Article 4.000 (Use Regulations) and Article 2.000 (Definitions). The following is a summary of the proposed changes: • Added requirement that only one accessory dwelling unit is allowed on any lot. • Added provision that the addition of up to 6 inches of height constitutes a substantial enlargement to a building for the purpose of this section. • Removed requirement that only lots of 5,000 square feet or larger may have an accessory apartment. • Removed prohibition of accessory apartments in garages. • Added provision stating, "Subsequent changes in ownership does not remove the requirement for the owner(s) of the accessory dwelling unit to live in one of the dwelling units as their primary unit." (Currently, owners are required to reside within the principal or accessory unit on the lot.) • Added provision stating, "Parking requirements are not applicable to accessory dwelling units," and removed reference to "requirements for off-street parking" in Board of Zoning Appeal conditions. (Currently, parking is not required but the BZA may consider parking as a condition of a special permit.) • Added provision stating, "The accessory apartment does not count towards determination of lot area per dwelling unit." • Added provisions allowing an accessory apartment by special permit in a separate accessory structure on a lot, provided the gross floor area (GFA) of the apartment does not exceed 1,000 square feet and the special permit granting authority determines that the exterior appearance of the accessory structure is compatible with the principal dwelling on the same lot and with dwellings and accessory structures on adjoining lots. • Modifications to the definition of "Accessory Apartment" for consistency with the proposed new provisions. This memo provides background information and discussion on the proposed changes. 344 Broadway Cambridge, MA 02139 Voice: [phone removed] Fax: [phone removed] TTY: [phone removed] www.cambridgema.gov

Accessory Apartments Zoning Amendment Petition - Memo to Planning Board Background In land use planning, the concept of accessory apartments or accessory dwelling units ("ADUs") refers to residential units that are subordinate to the principal use on a lot, usually a single-family home. These are sometimes referred to as "in-law apartments" because they might be used by relatives of the homeowners, but could be rented to others as well. The exact definition and regulation of ADUs varies across communities, reflecting a particular community's land use patterns and character. For instance, ADUs might be allowed within a single-family dwelling and/or within a separate structure on the lot, and might or might not be limited to owner-occupied homes. In some instances, but not all, residents of ADUs must be related to residents of the principal residence. In recent years, ADUs have been discussed as a way for communities with more restrictive, predominantly single-family residential zoning to increase their housing stock. Advocates have noted that allowing ADUs can help add units without substantially altering the character of neighborhoods, while giving homeowners more choices and flexibility in how they use their property. On the other hand, it is unclear how many new units would result from allowing ADUs, and the ability to add market-rate rental units would add property value that could result in higher housing prices. The trend of some owners renting units on a short-term basis (less than 30 days), facilitated by online services like AirBnB, further complicates the issue. Accessory Apartments in Cambridge The Cambridge Zoning Ordinance has allowed accessory apartments by special permit from the BZA since 1981. Originally, accessory apartments were allowed in Residence A-1 and A-2 districts, the only districts that allow single-family but not two-family or multifamily dwellings, and only in existing large single-family structures built before 1940 where apartments could be incorporated without substantial exterior alterations. The intent of the original zoning was explained as follows: "Given contemporary life styles, housing needs and energy and maintenance costs, it is beneficial to the City to allow greater flexibility in the use of such [existing large single-family] dwellings without substantially altering the environmental quality of such residential districts." In 2016, the City Council adopted the Patrick Barrett, et al., Zoning Petition, which allowed accessory apartments by special permit in single-family or two-family homes in all districts of the city. Minimum requirements for lot area (5,000 square feet) and dwelling size (1,800 square feet of GFA) and maximum limitations on accessory apartment size (lesser of 900 square feet or 35% of the principal dwelling's GFA) were retained but made less restrictive than the prior zoning, and parking requirements were waived. Accessory apartments remained allowable only in existing structures, but the reference date was deleted so structures could be built at any time. An additional requirement was added that a lot with an accessory apartment must be owner-occupied; previously, it was only required that principal and accessory units remain under common ownership. Only a small number of special permits were granted for accessory apartments before adoption of the Barrett, et al., Petition. In the three years since, there have been around five applications for accessory apartments. In some cases, since there is no reference date for an "existing structure," new residential structures have been built in such a way that they could easily be converted to include an accessory apartment after the dwelling is built, provided they receive a special permit. Page 2 of 4 January 14, 2019

Accessory Apartments Zoning Amendment Petition - Memo to Planning Board Some property owners have continued to encounter regulatory impediments, not always related to zoning. For example, owners proposing to add an accessory apartment to a two-family dwelling, resulting in a total of three units in the building, are required to comply with building code requirements for a multifamily structure regardless of how the units are defined in zoning. In 2017, the City Council adopted a zoning ordinance regulating short-term rental of dwelling units. Under that ordinance, an accessory apartment could potentially be offered as an "owner-adjacent short- term rental," if it is properly registered with the City and subject to standards and limitations set forth in Section 4.60 of the Zoning Ordinance. Proposed Zoning The proposed amendments would relax some current limitations by eliminating minimum lot sizes and excluding accessory apartments from lot area per dwelling unit calculations. These limitations might be impediments for many owners, and removing them would aliow nearly any single-family or two-family home with at least 1,800 square feet of GA to add an accessory apartment if it does not involve significant exterior alterations to the structure. Parking requirements may already be waived under current zoning, but the proposed change suggests that the BZA would not consider requiring parking as a special permit condition. The provisions related to the number of accessory units on a lot and continuing owner-occupancy if a property is sold are clarifications consistent with current zoning; however, enforcement of continuing owner-occupancy could still present a challenge. The reintroduction of a reference date for existing structures (January 1, 2019) would discourage new structures from being built with the expectation of adding an accessory apartment. The other substantial change is the introduction of the "accessory apartment structure" concept, which would allow detached structures such as garages to be converted to stand-alone apartments (sometimes referred to as "carriage house units"). The proposed zoning might also allow new detached accessory apartment structures to be built, although that it is not an explicitly stated intention. If so, many issues would need to be clarified because the Zoning Ordinance contains other regulations for "accessory buildings," inclüding the following in Section 4.21: g. The area occupied by accessory uses shall be subject to the following limitations: (1) The total area of uses accessory to the principal use may not occupy more than twenty-five (25) percent of the gross floor area of the building in which the principal use is located or twenty- five (25) percent of the area of the dwelling unit when the accessory use is located in a residence. (2) The total area of uses or buildings accessory to the principal use except for parking facilities and driveways may not occupy more than fifteen (15) percent of the area of the lot. (3) The area limitations of this poragraph 4.21 g shall be applicable in all zoning districts except the Cambridge Center MD District; however, if explicitly stated elsewhere in this Ordinance certain accessory uses in specified districts may exceed the foregoing area limitation. h. in Residence A, B, C, and C-1 Districts an accessory building shall not be located nearer than ten (10) feet to the principal building or nearer than five (5) feet to any side or rear lot line or nearer to the front lot line than the minimum setback in the zoning district. Page 3 of 4 January 14, 2019

Accessory Apartments Zoning Amendment Petition - Memo to Planning Board i. In a Residence District an accessory use shall not involve the maintenance of a stock in trade or the use of signs, illumination, show windows or displays either exterior or interior, except such signs as are permitted by Article 7.000. j. No accessory building shall be used as a dwelling except in an Industrial District for the accommodation of a night watchman or janitor. K. An accessory building in Residence A, B, C, C-1, and Office-1 districts shall not exceed fifteen (15) feet in height above the ground level. 1. No accessory building may be converted to a residential use unless it conforms with the district dimensional regulations specified in Section 5.30. It is also not clear if the petition language intends to allow accessory apartment structures on lots other than single-family or two-family dwellings. A lot with a multifamily residential use, or a non-residential use, could also contain an accessory structure that might be converted to accommodate an accessory apartment. The potential effects of allowing detached accessory apartment structures are a challenge to assess. It is not entirely ciear how the language above might be applied to an accessory apartment structure, and it is difficult to determine how many lots might have an existing accessory structure or lot space that would accommodate such a unit. If there is a desire to create more opportunities for accessory apartments, the ability to do so within a separate structure could be an attractive option for some homeowners that do not have adequate space within their existing houses, However, experience also suggests that the creation of additional detached dwellings on a lot can raise concerns from neighboring residents due to impacts on privacy and reduction of yard space, particularly in residential neighborhoods where homes are already close to each other. January 14, 2019 Page 4 of 4

ATTACWMENT Existing language on ADUs 4.22 Accessory Apartments. The purpose of this Subsection 4.22 is to allow for the creation of accessory apartments in all districts. Many large single and two-family homes are underutilized. Alteration of these homes to provide additional dwelling units would be prohibited in most cases due to the existing floor area ratio and/or lot area per dwelling unit requirements of Subsection 5.31. Given contemporary life styles, housing needs and energy and maintenance costs, it is beneficial to the City to allow greater flexibility in the use of such dwellings without substantially altering the environmental quality of such residential districts. This Subsection 4.22 gives the Board of Zoning appeal authority to relax such requirements in certain instances as enumerated below. 4.22.1 In all districts the Board of Zoning Appeal may grant a special permit for alteration of a single family or two-family, detached dwelling to provide one accessory apartment if the following conditions are met: 1. The dwelling has not been substantially enlarged since built. The addition in the aggregate of two hundred and fifty (250) square feet or more of gross floor area shall be considered a substantial enlargement. 2. Prior to alteration the dwelling contains at least one thousand eight hundred (1,800) square feet of gross floor area. 3. The lot on which such accessory apartment is located contains at least five thousand (5,000) square feet of lot. 4. Such accessory apartment shall not occupy more than nine hundred (900) square feet or thirty-five (35) percent of the gross floor area of the principal dwelling, whichever is less, and shall not be located in a garage. 5. The owner(s) of the residence in which the accessory dwelling unit is created must continue to occupy at least one of the dwelling units as their primary residence. Prior to issuance of a building permit, the owner(s) must submit a notarized letter stating that the owner will occupy one of the dwelling units on the premises as the owner's primary residence. 6. Any existing two-family home may be converted to a single family home with accessory unit by right, without need for a Special Permit. In granting a special permit the Board may impose such conditions, including requirements for off street parking and limitations on other accessory uses of the premises, as it may deem appropriate to avoid detriment to the neighborhood or to nearby persons or property. The Board of Zoning Appeal shall evaluate each special permit application which involves exterior changes with the appearance of and character of the neighborhood and may require that there be no change or minimal change to any face of a building oriented toward a public way or visible from a public way. 4.22.2 The requirement for an off street parking space specified in Article 6.000 shall not apply for the addition of one accessory apartment in a single family or two-family, detached dwelling in all districts..

ATTACHMENT O ADU AMENDMENT BY SUBSTITUTION: Amendment by substitution for section 4.22 of our zoning ordinance Accessory Apartment. An accessory use with one or more rooms with separate kitchen and bathroom facilities, constituting a dwelling unit, located with and under the same ownership as the primary dwelling per Section 4.22.1 and designated for the residential occupancy. 4.22.1 In all districts the Board of Zoning Appeal may grant a special permit for alteration of any single-family, two- family, or an accessory structure in existence as of Feb 1, 2019 to provide one accessory apartment if the following conditions are met: 1. Prior to alteration the dwelling contains at least one thousand eight hundred (1,800) square feet of gross floor area. 2: An Accessory Apartment shall not occupy more than nine hundred (900) square feet or thirty-five (35) percent of the gross floor area of the principal dwelling, whichever is less. 3. Any existing two-family home may be converted to a single-family home with accessory unit by right, without need for a Special Permit. In granting a special permit the Board may impose such conditions, including limitations on other accessory uses of the premises, as it may deem appropriate to avoid detriment to the neighborhood or to nearby persons or property. The Board of Zoning Appeal shall evaluate each special permit application which involves exterior changes with the appearance of and character of the neighborhood and may require that there be no change or minimal change to any face of a building oriented toward a public way or visible from a public way. 4.22.12 Accessory Structure Apartment. An accessory structure apartient is accessory apartment built within an existing accessory structure on the same lot as a single- or two-family home. The Special Perit Granting Authority must make a determination that the exterior appearance of the accessory structure apartment is compatible with the principle dwelling on the same lot and with dwellings and accessory structures on adjoining lots. An Accessory Structure Apartment may not exceed nine hundred (900) square feet. 4.22.2 Additional Regulations for Accessory and Accessory Structure Apartments 1) The requirement for an off-street parking space specified in Article 6.000 shall not apply for the addition of one accessory apartment in a single family, two-family, or accessory structure in all districts. 2) The lot per dwelling unit calculation does not apply to accessory apartments or accessory structure apartments. 3) Accessory apartments are exempt from FAR calculations to determine allowable gross floor area of a lot. 4) Any Accessory Apartment or basement egress or stairwell may extend beyond the minimum yard regulations within the meaning of Section 5.24.2 in all districts.

EXPLANATION NEW LANGUAGE EXISTING LANGUAGE Line by Line Comparison of New and Existing Language with Explanations for Each Change

2/5/2019 ATTACHMENTE ACCESSORY DWELLING UNITS 5 February, 2019 The Basic Regulatory Program Already Exists The Council already passed the foundational ADU amendment that allows for Accessory Dwelling Units. Under certain conditions, we want people to be able to create these units. circumstances truststances, for example if hey do ned have sailey are sorte meet minimum lot size requirements for an additional unit. I don't think the Council wanted the creation of ADUs to have to jump these hurdles. 1

2/5/2019 Intent Of These Proposed Amendments • To allow people to create accessory dwelling units in existing, largely unmodified 1 and 2 family structures without variances or additional zoning relief (other code requirements like the building and sanitary codes must still be met) • To aliow existing and mostly unmodified free-standing structures like garages to be used for accessory units • To get rid of parking requirements as they would impact an ADU • To get rid lot size requirements as they would impact an ADU Concerns • Would raise value of property • 1 hope so! Virtually anything we allow people to do to their property, from our 'infill' allowances for Res B (heard tonight) to renovating a kitchen to putting in better insulation raises the value of property. This is not a reason to say 'no! • May allow new detached structures like garages to be built and then used as AUDs • This is not an intent. Language should be changed to clarify if this is an issue. • Difficult to enforce • We can say this of most of our zoning and other ordinances (and our resie. Alin, exempeason. to say nud be, as they are, largely complant 2

2/5/2019 Concerns • May be used for non-single/two-family homes • Absolutely, If a 6-family building has a suitable free-standing structure for an ADU (to include limited modifications) and the main structure is lived by the owner, then it would be fine! • Detached ADUs may negatively impact neighbors' privacy, etc. • Less likely with (mostly) ground-floor structures like garages but still an issue that could be handled via Special Permit: "In granting a Special Permit, the Board may impose such conditions, including limitations on other accessory uses of the premises, as it may deem appropriate to avoid detriment to the neighborhood or to nearby persons or property."

ATTACHMENT F From: Lee Farris Lee% 1eefamus.net Subject: Cambridge Residents Alliance letter to Council re ADU changes Date: February 5, 2019 at 2:51 PM To: cour:cle camtridgema gov Bcc: Exec presa-ec ?yooglogroups.com 2-5-19 Mayor and Councilors, I am writing for the Cambridge Residents Alliance to comment on the proposed changes to the Accessory Dwelling We share the concerns raised in the CDD memo, that the greater ability to add market-rate rental units would increase property value that could result in higher housing prices. We are also concerned that some owners will construct ADUs in order to rent them on a short-term basis. We also note CDD's concerns that " ... might also allow new detached accessory apartment structures to be built"; present a challenge"; the changes "" enforcement of [the] continuing owner-occupancy [requirement] could still and might "...allow accessory apartment structures on lots other than single-family or two-family dwellings." We ask that the the language be changed to clearly restrict ADUs to 1 and 2 family structures. We ask that the Planning Board not recommend passage of the ordinance without that change. Without that change, we oppose passage of the ADU changes. We would also like the other issues to be addressed Sincerely, Lee Farris Cambridge Residents Alliance, VP 269 Norfolk St. 02139