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The Planning Commission put final touches Wednesday on a proposal to allow more in-law apartments in the city. 

The commission voted to lower the height limit it had previously proposed, to relax owner occupancy requirements and to allow more small-property owners to build secondary units, also referred to as accessory dwelling units. The revisions, hashed out at the commission meeting, will be added to the proposed amendments by planning staff, then sent to City Council for a final vote. 

A state law passed in 2002 requires cities to change their laws to make it easier for property owners to build accessory dwelling units. Under the planning department’s proposed amendments, developers would no longer be required to obtain a use permit to build secondary units in most residentially zoned areas. Instead, builders would simply have to obtain a zoning certificate—which certifies that the applicant has complied with a certain set of standards—and the necessary building permits. The proposed amendments eliminate public notification and public hearing requirements, essentially giving property owners the right to build secondary units that do not unduly impact neighboring units. 

The commissioners held a public hearing on the amendments at its May 11 meeting and asked staff to report back to them on the requirements related to owner occupancy requirements, rear and side setback space, building height, minimum unit size and parking.  

One of the more contentious issues was the owner occupancy requirement. The proposed amendment requires that a property owner who wishes to build an accessory unit occupy either the main unit or the secondary unit. Some commissioners said they feared such a requirement would be unenforceable. “There’s no good reason to pass a law that is unenforceable,” said Commissioner David Tabb. 

Other commissioners wondered what would happen to tenants if their owners decided to move off the property. 

“What are the eviction protections for these tenants?” said Commissioner Susan Wengraf. “Is there no way to craft an ordinance to protect the stability of the neighborhood? As it is now, it’s too rigid, too restrictive.” 

Wengraf also brought up the possibility of a property owner, such as a professor, who might vacate a unit temporarily to travel or go on sabbatical. 

The commission voted on and passed a motion proposed by Commissioner Gene Poschman to add a section to the owner occupancy provision that would allow property owners to live off the property for as many as three years. 

Only Commissioner David Stoloff voted against the time allowance. 

In response to public concerns that the proposed ordinance’s minimum size would prevent some small-property owners from building accessory units, the commission had asked staff to report back on how neighboring cities handle the size requirement. The report by senior planner Janet Homrighausen indicated that Oakland and El Cerrito, which have a minimum unit size of 220 and 275 square feet, are satisfied with their requirements.  

The commission voted to change the original proposal and to set the minimum at 25 percent of the floor area, or 300 square feet, whichever is larger. The previous draft had stated that an accessory unit had to meet both provisions, but the commission voted Wednesday to allow owners to satisfy at least one of the standards, which would allow owners with very small properties to build reasonably sized units. 

The commission will meet one last time to approve the remaining changes, after which it will go to City Council for a public hearing and vote in early July.