HomeMy WebLinkAbout2/4/2020 Item 8, Priest
Wilbanks, Megan
From:Donnie Priest <
To:E-mail Council Website; Harmon, Heidi; agomez@sloclity.org;
Christianson, Carlyn; Pease, Andy; Stewart, Erica A
Subject:2-4-2020 meeting, agenda item 8, ADU zoning update
Dear members of the San Luis Obispo City Council,
In regards to the public comments on Action Item #8, Title 17 amendments, ADU
I have applied for a building permit for an ADU in the period where the local ordinance for the ADU is
null and void. I will be limiting some of my comments due to this.
When I applied for my permit, I disagreed with the legal analysis that was provided to the staff with
regards if the emergency order can be used to back-date zoning standards to a building permit that had
been applied for. I am not a lawyer, and do not plan to be one. I have no issues with staff and they are
impressive, qualified people. I have issues that my understanding is different than the legal analysis
provided.
Here is a cut and paste of some of what I found in Chapter 4, Buildings Chapter Code, 18938.5.
a) Only those building standards approved by the commission, and that are effective at the local level at
the time an application for a building permit is submitted, shall apply to the plans and specifications for,
and to the construction performed under, that building permit.
(b) (1) A local ordinance adding or modifying building standards for residential occupancies, which are
published in the California Building Standards Code, shall apply only to an application for a building
permit submitted after the effective date of the ordinance and to the plans and specifications for, and
the construction performed under, that permit.
There is an exception if A city or county that has been subject to an emergency proclaimed pursuant to
the California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2
of the Government Code).
I find it hard to believe that a state of emergency defined above would apply for the perceived potential
damages done by 4 state laws, each of which were approved by both bodies of the legislature, at a veto-
proof majority, with these 4 laws also being approved by the governor. Further, I am also having a hard
time figuring out how the ADUs building permits that have already been applied for reach this level of
emergency. If my plans create an issue such as this, or any other safety issue, please inform me, as I did
not intend to have my ADU create a level of issues that would create the need to have a state of
emergency proclaimed pursuant to the above referenced section. I thought my ADU design that I
submitted for a building permit is a very good design.
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Is it possible for the city to obtain a second legal opinion if it desires to use the emergency order to back-
date zoning standards to the ADU permits that have already been applied for?
Should the current legal opinion be incorrect, I have concerns that the actions of staff by informing the
public of the possibility any permit applied for could have the building standards changed after
submittal for a building permit would cause a delay by a city policy. If so, then I would think that this
would be in violation of the updated law created by SB 13, which states “No other local ordinance,
policy, or regulation shall be the basis for the delay or denial of a building permit or a use permit under
this subdivision.”
For corrections on your wording that impact my property,
With regard to 17.86.020(B)(2)(c), subdivision of property. I believe that the word “and” is incorrect and
request that you evaluate this to determine if a different word would be more appropriate.
For consideration of what was not in the report:
I would like the city council and staff to evaluate if the zoning standards also need to address the
building of an ADU on a property designated for affordable housing. I have no idea on how the deed
restrictions are worded, but it would seem improper to me that someone who purchased an affordable
house at below market rate is able to build an ADU on this property that can be rented at full market
value. It just does not seem fair. The same would apply to a company that rents an affordable house,
builds an ADU on this property, and rents the ADU at market rate.
Other:
I also have other concerns within the urgency order, supporting documents, and lack of public
opportunities to comment.
Donnie Priest
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