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HomeMy WebLinkAbout1/8/2020 Item 5, Gelfand Wilbanks, Megan From:Matthew Gelfand <admin@caforhomes.org> on behalf of Matthew Gelfand < Sent:Wednesday, To:Advisory Bodies Cc:Van Leeuwen, Kyle; Corey, Tyler Subject:Correspondence from Californians for Homeownership Attachments:2020-1-8 - Californians Letter to Planning Commission.pdf To the Planning Commission: Please see the attached correspondence regarding Agenda Item 5 being considered at your upcoming meeting. Sincerely, Matthew Gelfand -- Matthew Gelfand Counsel, Californians for Homeownership 525 S. Virgil Avenue Los Angeles, CA 90020 matt@caforhomes.org Tel: (213) 739-8206 Californians for Homeownership is a 501(c)(3) non-profit organization that works to address California’s housing crisis through impact litigation and other legal tools. 1 MATTHEW GELFAND, COUNSEL MATT@CAFORHOMES.ORG TEL: (213) 739-8206 January 8, 2020 VIA EMAIL Planning Commission City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401 Email: advisorybodies@slocity.org RE: January 8, 2020 Planning Commission Meeting, Agenda Item 5 To the Planning Commission: Californians for Homeownership is a 501(c)(3) non-profit organization devoted to using legal tools to address California’s housing crisis. I am writing as part of our work monitoring local compliance with California’s laws regarding accessory dwelling units (ADUs). At your January 8 meeting, you will discuss an ordinance intended to address recent changes to state ADU law. These changes broadly overhaul the rules regarding ADUs, and they nullify any local ordinance that does not strictly comply with their requirements.1 If the City adopts a compliant ordinance, it will be able to maintain certain controls on ADU development. Although the City’s draft ordinance is generally good, we have some concerns:  The draft ordinance appears to apply the 25%-of-unit-count limitation to both converted and new detached ADUs accessory to multifamily structures. This language should be modified to make it clear that a multifamily property owner can develop two new detached units regardless of the existing unit count. Compare Gov. Code § 65852.2(e)(1)(C) with (D).  The draft ordinance purports to apply the City’s normal historic review processes to ADUs. Unless this review is a totally ministerial process, based on objective standards, with no hearing or discretionary review, that can be completed within 60 days, this is not allowed. Gov. Code § 65852.2(a)(3). This language should be clarified, if necessary, to exempt ADUs from any standards that do not fall within these limits.  The draft JADU provisions in the ordinance purport to require JADUs to “conform to all applicable development standards of the underlying zone, including but not limited to height, setback area, parking, and building coverage.” These provisions are meaningless and should be 1 A previous version of AB 68 provided that a conflicting local ordinance would be “null and void to the extent of such conflict.” That provision was struck from the final bill, which provides for complete invalidation. January 8, 2020 Page 2 removed to avoid confusion. JADUs are built within the existing space of a residence, and a City cannot prevent the conversion of space based on other requirements.  The draft JADU provisions also prohibit the conversion of garages into JADUs. This language should be deleted, leaving only the language from state law, which allows a JADU “within the walls of the proposed or existing single-family residence.” Most garages will remain ineligible, but garages that are enclosed within the single-family residence will be eligible for conversion, which is what is required under state law. Under Government Code Section 65852.2(e)(1)(A), a locality must allow the development of a JADU that meets the requirements of Government Code Section 65852.22, not a more restrictive local definition.  The draft JADU provisions also include a requirement for maintaining interior access to the main home, which derives from the prior version of Government Code Section 65852.22. This requirement has been eliminated from state law and must be removed.  The draft ordinance does not provide the required special treatment for the categories of ADUs listed in Government Code Section 65852.2(e)(1). These ADUs must be ministerially permitted “notwithstanding” the provisions allowing cities to pass local ADU ordinances, meaning that these ADUs must be approved without applying any local development standards. According to guidance from the Department of Housing and Community Development regarding the prior version of Section 65852.2(e), these ADUs “do[] not necessitate a zoning clearance and must not be limited to certain zones or areas or subject to height, lot size, lot coverage, unit size, architectural review, landscape or parking requirements,” and the Department has issued non-compliance letters to cities that have improperly applied local development standards to these ADUs. To assist the City in crafting appropriate language, we are providing (below) example language based on language drafted by staff for adoption in other cities.  The draft ordinance defines “attached accessory dwelling unit” to include conversions of existing space, and then sets a maximum unit size for attached ADUs. Because a conversion ADU must be allowed under Section 65852.2(e)(1)(A) regardless of size, this language is confusing and should be modified. We hope that the above information is helpful to you as you move forward with the City’s ADU ordinance. We would like to be active participants in that process. To that end, we request that you include us on the notice list for any public meeting regarding the City’s ADU policies, and we request that this letter be included in the correspondence file for those meetings. Sincerely, Matthew Gelfand cc: Kyle Van Leeuwen, Assistant Planner (by email to kvanleeu@slocity.org) Tyler Corey, Principal Planner (by email to tcorey@slocity.org) January 8, 2020 Page 3 Sample Language Units Subject to Limited Standards. Notwithstanding [the other sections of the local ADU ordinance], accessory dwelling unit and junior accessory dwelling unit permits shall be issued based solely on the standards set forth in this section and all applicable Building Code standards, as follows: (a) Internal ADUs. One accessory dwelling unit or junior accessory dwelling unit per lot with a proposed or existing single-family dwelling if all of the following apply: (1) The ADU or JADU unit is within the proposed space of a single-family dwelling or existing space of a single-family dwelling or accessory structure and may include an expansion of not more than 150 square feet beyond the same physical dimensions as the existing accessory structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress. (2) The space has exterior access from the proposed or existing single-family dwelling. (3) The side and rear setbacks are sufficient for fire and safety. (4) The JADU complies with the requirements of Section 65852.22. (b) Detached ADUs. One detached, new construction, ADU that does not exceed four-foot side and rear yard setbacks for a lot with a proposed or existing single-family dwelling. The ADU may be combined with a JADU described in subsection (a)(1) of this section. A local agency may impose the following conditions on the accessory dwelling unit: (1) A total floor area limitation of not more than 800 square feet. (2) A height limitation of 16 feet. (c) Multifamily Dwelling ADUs (1) Multiple ADUs within the portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings. (2) A local agency shall allow at least one ADU within an existing multifamily dwelling and shall allow up to 25 percent of the existing multifamily dwelling units. (d) Not more than two ADUs that are located on a lot that has an existing multifamily dwelling but are detached from that multifamily dwelling and are subject to a height limit of 16 feet and four-foot rear yard and side setbacks. (e) Rentals of ADU and JADU permitted pursuant to this section shall be for a term longer than 30 days. (f) Installation of fire sprinklers are not required in an ADU or JADU if sprinklers are not required for the primary residence. (g) ADUs and JADUs permitted under this section shall not be required to install a new or separate utility connection directly between the ADU and the utility nor shall a related connection fee or capacity be charged unless the ADU or JADU is proposed to be constructed with a new single-family home.