HomeMy WebLinkAbout2/18/2020 Speaker SlipsCITY OF SRn LUIS OBISPO
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I
Dale Ginder
1614 Huckleberry Lane
San Luis Obispo, CA 93401
(805) 543-3818
dreidstudio@aol.com
February 13, 2020
Erica Stewart
Council Member
Office of the City Council
990 Palm St.
San Luis Obispo, CA 93401-3249
Re: ADU Ordinance No. 1679
Dear Erica Stewart:
This letter addresses issues regarding the upcoming council decision on ADU compliance measures.
I hope that the council will take more time to address the following issues being addressed by the public
and incorporate them into the ordinance. Specifically, I encourage:
1) The City allow ADU's to be built above garages, not only above those that are existing, but
for any new garage in order to provide additional parking on premises. My lot, like many,
has a creek setback that hampers my ability to easily develop it to its full potential.
2) The City follow the State's allowable square footage of 1,200 square feet, so that the
maximum allowed square footage fits additional configurations that one might need or
want in their development plans.
3) Maintain the standard 25' height limit.
Note: Although these differences may be addressed in a Ministerial procedure, it adds
another $800 to the expansive cost of a project. This isn't reasonable given the costs of
development today.
Additionally, items to ponder in related ordinances:
4) The City waive Wastewater flow offset in the 1/1 areas.
a. People need to be responsible for the cost of their own laterals. This idea to replace
another's is troublesome on many fronts .
b. Forcing a developer to install lateral lines on another's property creates a liability
exposing them to future lawsuits if that/those line(s) fail. Does this mean then, that
the developer has a case against the City, which itself forces this plan before any
development can proceed?
5) If the waiving of the offset is unpalatable, might the City consider a type of list that allows
developers to be on a first come, first serve basis to obtain their credits. Once an owner
Erica Stewart
February 13, 2020
Page 2
replaces their own line, by choice, by law, or by sale of their property, that credit can be
assigned to the developer on the wait list.
6) Provide the rebate to a property owner when a developer is involved. The developer can
then negotiate fairly with all parties to fast track his/her development. If a real estate
transaction is involved, then perhaps it can be split three ways; buyer, developer, seller . I
think this would fast track the City's intention to get all laterals replaced in a more timely
manner.
7) Or, simply demand compliance by all owners with a near-date completion.
I'm developing my property and wanting to provide needed housing for the downtown area by
providing 2 additional units on my property (1 ADU, and 1 additional back residence). The 2018 imposed
building impact fees and offset sewer lateral costs will alone add *$65,213.12 to my building costs (this
does not include any building permit or inspection fees). This added financial burden (the cost of a
luxury vehicle) is the reason I ask for the above to be considered when finalizing your decisions on the
upcoming ADU ordinance. Because of these added fees, I will have to pass the final costs onto the
tenants, of which I regret in having to do so being that rents are already unaffordable for most.
Thank you for considering the above and postponing the final ordinance until all matters can be
addressed aggressively so that all parties benefit.
Sincerely,
Dale Ginder
* Ends: Recent Impact Fees and Offset Lateral Costs specific to my property
Front Unit
Back Unit
ADU
Totals
R-2 Lot, Existing Main House (Front Unit), 1 ADU Unit and 1 Back Unit
Garden Street, Located in 1/1 Area
(2018 Imposed) 2019-2020 Impact Fees and
(Recently Imposed) Sewer Lateral Replacement Costs
Sewer Lateral Transportation Park Impact Police Fire Impact Water Wastewater Replacement Totals Impact Fees Impact Fees
Costs *
Impact Fees Fees Impact Fees Fees
--10,000.00 ----10,000.00
9,744.54 8,800 .00 10,000.00 9,168 .00 6,223.99 689 .38 587 .21 45,213.12
--10,000.00 ----10,000.00
9,744.54 8,800.00 30,000.00 9,168 .00 6,223.99 689 .38 587.21 65,213.12
y~ ~ It' IL ~~ ~~ IL IL ILIL -!,
48,544.54 + 16,668 .58 = 65,213.12
* This is an average cost, plumbers informing me that sewer lateral replacement can be $9 ,000 to $13,000 each
(2018 Imposed) 2019-2020 Impact Fees and (Recently Imposed) Sewer Lateral Replacement Costs 65,213 .12
School, Building and Inspection Fees: 44,800 .00
Total all Fees: 110,013 .12
., .
Ordinance No. (2020 Series) Page 5
i. Attached: The gross floor area of an attached accessory dwelling unit shall
be no less than 150 square feet and shall not exceed the lesser of the following:
50 percent of an ex isting primary unit's living area, or; 850 square feet for a
studio or one-bedroom unit, or: 1,000 square feet for a unit containing at least
two bedrooms.
ii. Detached: The gross floor area of a detached accessory dwelling unit shall
be no less than 150 square feet and shall not exceed 850 square feet for a studio
or one-bedroom unit, or 1,000 square feet for a unit containing at least two
bedrooms.
iii. An accessory dwelling uni t that is entirely within the proposed space of a
single-family dweJling or existing space of a single-family dwelling or
accessory structure shall be no less than 150 square feet. An expansion of not
more than 150 square feet beyond the same physical dimensions as the existing
structure may be included if the expansion beyond the physical dimensions of
the existing structure is limited to accommodating ingress and egress. This does
not apply to duplexes.
~ Limitation on Number . Only one accessory dwelling unit is permitted per lot.
4. Requirements on Lots with a Proposed or Existing Multifamily Structure Containing
Three or More Units.
a. Unit Types Allowed. An accessory dwelling unit on a lot with a multifamily
structure may be converted from existing square footage, or as new units detached
from the primary structure.
1 Converted Square Footage Units: Accessory dwelling units may be created
within the portions of existing multifamily structures that are not used as livable
space. including. but not limited to. storage rooms, boiler room s. passageways.
attics, basements. or garages. if compliant w ith state building standards for
dwellings.
ii. New Detached Units: Accessory dwelling units may be created on a lot that
has an existing or proposed multifamily structure and must be detached from
the primary structure.
b. Size o(Accessorv Dwelling Unit . The gro s floor area of an accessory dwelling
unit on a lot with a multifamily structure shall be no less than 150 square feet.
c. Limitation on Number. The number of accessory dwelling units shall be limited
to no more than 25 percent of the existing or proposed multifamily units but shall
not be less than the following per lot: 1) one unit that is converted from existing
square footage. or 2) two new detached units. No more than two detached units
shaJI be allowed per lot.
0 ---
Ordinance No. (2020 Series) Page 6
d. Lots with both a Multifamily Structure and Single-Familv Structure or Duplex.
Provisions for accessory dwelling units on lots with multifamily structures cannot
not be combined with provisions for lots with single-family structures or duplexes ,
or vice versa .
.;;. .i. Performance Standards and Compatibility.
a. Design Standards. Accessory dwelling units shall conform to all applicable
development standards of the underlying zone, including but not limited to height,
setback area, parking, and building coverage, unless otherwise stated in this section
or prohibited by state law.
1. Accessory dwelling units shall conform to all applicable building and
construction codes.
ii . No passageway, defined as a pathway that is unobstructed clear to the sky
and extends from a street to one entrance of the accessory dwelling unit
shall be required in conjunction with the construction of arr detached
accessory dwelling unit.
iii. No setback shall be required for an existing garage permitted structure that
is converted to an accessory dwelling unit, or for an accessory dwelling unit
that is constructed in replacement of an existing permitted structure,
provided it is in the same location and has the same dimensions. or to a
portion of a.n accessory dwelling 1:1Ri.t.
iv. A setback of no more than fi.¥e four feet from the side and rear lot lines shall
be required for an accessory dwelling unit.! that is eoestrneted above a
garage.
v. Accessory dwelling units that include the creation of new square footage
shall be limited to 16 feet in height, with an exception for accessory
dwellings units that are constructed above an existing garage, which shall
be limited to 25 feet in height. Up to 150 square feet of new square footage
may be exempted from this requirement in connection to a conversion of
existing upper floor square footage, but only as needed to accommodate
ingres and egress.
v1. Architectural style and form shall match the style and form of the primary
residential structure(s) on the property.
vii. The materials of the accessory dwelling unit shall match the materials of the
primary residential structure( ) on the property.
viii. Accessory dwelling units shall not be required to provide fire sprinklers if
fire sprinklers are not required for the primary residence.
0 ---
setback of no more than 4 feet for an accessory dwelling unit that is not converted from an existing structure or
a new structure constructed in the same location and to the same dimensions as an existing structure.
(4) Existing law provides that replacement offstreet parking spaces, required by a local agency when a garage,
carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling
unit or converted to an accessory dwelling unit, may be located in any configuration on the same lot as the
accessory dwelling unit, except as provided.
This bill would instead prohibit a local agency from requiring the replacement of offstreet parking spaces when a
garage, carport, or covered parking structure is demolished or converted, as described above.
(5) Existing law requires a local agency to ministerially approve or deny a permit application for the creation of
an accessory dwelling unit or a junior accessory dwelling unit within 120 days of receiving the application.
This bill would instead require a local agency to ministerially approve or deny a permit application for the
creation of an accessory dwelling unit or junior accessory dwelling unit within 60 days from the date the local
agency receives a completed application if there is an existing single-family or multifamily dwelling on the lot.
The bill would authorize the permitting agency to delay acting on the permit application if the permit application
is submitted with a permit application to create a new single-family or multifamily dwelling on the lot, as
specified.
(6) Existing law prohibits a local agency from utilizing standards to evaluate a proposed accessory dwelling unit
on a lot that is zoned for residential use that includes a proposed or existing single-family dwelling other than the
criteria described above, except, among one other exception, a local agency may require an applicant for a
permit to be an owner-occupant of either the primary or accessory dwelling unit as a condition of issuing a
permit.
This bill, until January 1, 2025, would prohibit a local agency from imposing an owner-occupant requirement, as
described above.
(7) Existing law authorizes a local agency to establish minimum and maximum unit size limitations on accessory
dwelling units, provided that the ordinance permits an efficiency unit to be constructed in compliance with local
development standards.
This bill would prohibit a local agency from establishing a minimum square footage requirement for either an
attached or detached accessory dwelling unit that prohibits an efficiency unit, as defined. The bill would also
prohibit a local agency from establishing a maximum square footage requirement for either an attached or
detached accessory dwelling unit that is less than 850 square feet, and 1,000 square feet if the accessory
dwelling unit contains more than one bedroom. The bill would also instead prohibit a local agency from
establishing any other minimum or maximum size for an accessory dwelling unit, size based upon a percentage
of the proposed or existing primary dwelling, or limits on lot coverage, floor area ratio, open space, and
minimum lot size for either attached or detached dwelling units that prohibits at least an 800 square foot
accessory dwelling unit that is at least 16 feet in height and with a 4-foot side and rear yard setbacks.
(8) Existing law prohibits a local agency from imposing parking standards for an accessory dwelling unit if,
among other conditions, the accessory dwelling unit is located within 1/2 mile of public transit.
This bill would make that prohibition applicable if the accessory dwelling unit is located within 1/2 mite walking
distance of public transit, and would define public transit for those purposes.
(9) Existing law requires a local agency to ministerially approve an application for a building permit to create
within a zone for single-family use one accessory dwelling unit per single family lot of the unit that is contained
within the existing space of a single-family residence or accessory structure when specified conditions are met,
including that the side and rear setbacks are sufficient for fire safety.
This bill would instead require ministerial approval of an application for a building permit within a residential or
mixed-use zone to create the following: (1) one accessory dwelling unit and one junior accessory dwelling unit
per lot with a proposed or existing single-family dwelling if certain requirements are met; (2) a detached, new
construction accessory dwelling unit that meets certain requirements and would authorize a local agency to
impose specified conditions relating to floor area and height on that unit; (3) multiple accessory dwelling units
within the portions of an existing multifamily dwelling structure provided those units meet certain requirements;
or (4) not more than 2 accessory dwelling units that are located on a lot that has an existing multifamily
(d) Notwithstanding any other law, a local agency, whether or not it has adopted an ordinance governing
accessory dwelling units in accordance with subdivision (a), shall not impose parking standards for an accessory
dwelling unit in any of the following instances:
(1) The accessory dwelling unit is located within one-half mile walking distance of public transit.
(2) The accessory dwelling unit is located within an architecturally and historically significant historic district.
(3) The accessory dwelling unit is part of the proposed or existing primary residence or an accessory structure .
(4) When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit.
(5) When there is a car share vehicle located within one block of the accessory dwelling unit.
(e) (1) Notwithstanding subdivisions (a) to (d), inclusive, a local agency shall ministerially approve an application
for a building permit within a residential or mixed-use zone to create any of the following:
(A) 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:
(i) The accessory dwelling unit or junior accessory dwelling 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.
(ii) The space has exterior access from the proposed or existing single-family dwelling.
(iii) The side and rear setbacks are sufficient for fire and safety.
(iv) The junior accessory dwelling unit complies with the requirements of Section 65852.22.
(B) One detached, new construction, accessory dwelling unit that does not exceed four-foot side and rear yard
setbacks for a lot with a proposed or existing single-family dwelling. The accessory dwelling unit may be
combined with a junior accessory dwelling unit described in subparagraph (A). A local agency may impose the
following conditions on the accessory dwelling unit:
(i) A total floor area limitation of not more than 800 square feet.
(ii) A height limitation of 16 feet.
(C) (i) Multiple accessory dwelling units 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.
(ii) A local agency shall allow at least one accessory dwelling unit within an existing multifamily dwelling and
shall allow up to 25 percent of the existing multifamily dwelling units.
(D) Not more than two accessory dwelling units 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.
(2) A local agency shall not require, as a condition for ministerial approval of a permit application for the creation
of an accessory dwelling unit or a junior accessory dwelling unit, the correction of nonconforming zoning
conditions.
(3) The installation of fire sprinklers shall not be required in an accessory dwelling unit if sprinklers are not
required for the primary residence.
( 4) A local agency shall require that a rental of the accessory dwelling unit created pursuant to this subdivision
be for a term longer than 30 days.
(5) A local agency may require, as part of the application for a permit to create an accessory dwelling unit
connected to an onsite water treatment system, a percolation test completed within the last five years, or, if the
percolation test has been recertified, within the last 10 years .
CITY OF SRn LUIS OBISPO
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Council. However, this form will assist the Mayor in facilitating public comments, the City Clerk's office in
ensuring the correct spelling of names in the minutes (addresses are not included in the minutes), and
enable staff to follow up with speakers, as appropriate.
Municipal Advocate/Lobbying: If you are paid by any other person or organization to communicate
with any officer, employee, or commission of the City of San Luis Obispo for the purpose of influencing
local legislative or discretionary action, you may qualify as a municipal advocate or lobbyist. If you are
not already registered, please fill out a Municipal Advocate registration form (available in the foyer).
(SLOMC Section 2.64)
PLEASE GIVE THIS CARD TO THE CITY CLERK,
seated at the center staff table below the City Council
CITY OF SJin LUIS OBISPO
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Meeting Date: }-__Ir% I;}...() Phone . (optional): SO:) ---rl--J ~--01 18 . . . -=-------·---=---
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Note: Completion of this card is voluntary. All citizens may attend meetings and address the City
Council. However, this form will assist the Mayor in facilitating pub lic comments, the City Clerk's office in
ensuring the correct spelling of names in the minutes (addresses are not included in the minutes), and
enable staff to follow up with speakers, as appropriate.
Municipal Advocate/Lobbying: If you are paid by any other person or organization to communicate
with any officer, employee, or commission of the City of San Luis Obispo for the purpose of influencing
local legislative or discretionary action, you may qualify as a municipal advocate or lobbyist. If you are
not already registered, please fill out a Municipal Advocate registration form (available in the foyer).
(SLOMC Section 2.64)
PLEASE GIVE THIS CARD TO THE CITY CLERK,
seated at the center staff table below the City Council
CITY OF SRn LUIS OBISPO
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Council. However, this form will assist the Mayor in facilitating public comments, the City Clerk's office in
ensuring the correct spelling of names in the minutes (addresses are not included in the minutes), and
enable staff to follow up with speakers, as appropriate.
Municipal Advocate/Lobbying: If you are paid by any other person or organization to communicate
with any officer, employee, or commission of the City of San Luis Obispo for the purpose of influencing
local legislative or discretionary action, you may qualify as a municipal advocate or lobbyist. If you are
not already registered, please fill out a Municipal Advocate registration form (available in the foyer).
(SLOMC Section 2.64)
PLEASE GIVE THIS CARD TO THE CITY CLERK,
seated at the center staff table below the City Council
CITY OF SHil LUIS OBISPO
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Note: Completion of this card is voluntary. All citizens may attend meetings and address the City
Council. However, this form will assist the Mayor in facilitating public comments, the City Clerk's office in
ensuring the correct spelling of names in the minutes (addresses are not included in the minutes), and
enable staff to follow up with speakers, as appropriate.
Municipal Advocate/Lobbying: If you are paid by any other person or organization to communicate
with any officer, employee, or commission of the City of San Luis Obispo for the purpose of influencing
local legislative or discretionary action, you may qualify as a municipal advocate or lobbyist. If you are
not already registered, please fill out a Municipal Advocate registration form (available in the foyer).
(SLOMC Section 2.64)
PLEASE GIVE THIS CARD TO THE CITY CLERK,
seated at the center staff table below the City Council