HomeMy WebLinkAbout3/3/2020 Item 09, Gelfand MATTHEW GELFAND,COUNSEL
CALIF04iNIANS F(JR MATI'@CAFORHOMES.ORG
HOMECIWN�R�WIF� TEL:(213)739-8206
Februaiy 26, 2020
VIA EMAIL AND U.S. MAIL
Mayor& City Cauncil
City of San Luis Obispo
990 Palm St.
San Luis Obispo, CA 93401
Email: emailcouncil@slocity.org
RE: March 3, 2020 City Council Meeting, Agenda Item 9.
To the Mayor& City Council:
Californians for Homeownership is a 501(c)(3) non-profit organization devoted to using
legal tools to address California's housing crisis.
At your March 3 meeting,yau will hear the second reading of City's draft ADU ordinance.
This letter follows up on my January 8letter to the Planning Commissian,which provided detailed
feedbacic on the draft ordinance. We were pleased to see that the City addressed nearly all of the
comments in our letter through amendments to the ordinance that is before you now.
Unfortunately, in the course of malcing these improvements to the ordinance, the City has
intraduced a very serious defect. The draft ardinance treats duplexes as single-family homes far
the purpose of determining the number and types of ADUs that may be developed. But duplexes
are multi-family structures. Government Code Section 65852.2 does not permit the City to
arbitrarily decide to treat duplexes as single-family homes. The draft ordinance must be amended
to treat duplexes lilce other multi-family st�•uctures.
Additionally, the draft ordinance appears to limit ADUs developed under Government
Code Section 65852.2(e)(1)(D)—which allows twa detached ADUs on multi-family lots—to new
construction. This is not allowed. Unlike Government Code Section 65852.2(e)(1)(B), which
covers certain single-family detached AI7Us and does require "new construction," Section
65852.2(e)(1)(D) allows ADUs to be created through conversion of existing structures.
Finally, and mare generally, the draft ordinance still does not pravide the required special
treatment for the categories of ADUs listed in Government Code Section 65852.2(e)(1). These
ADUs must be ministerially pe�mitted "notwithstanding" the provisions allowing cities ta pass
local ADU ordinances, meaning that these ADUs must be approved without applying a� local
develapment standards, such as front yard setbacics. According to guidance from the Department
of Housing and Community�7evelopment regarding the prior version of Section 65852.2(e),these
525 S.Virgil Avenue
Los Angeles, CA 90020
ADUs "do[] not necessitate a zoning clearance and must not be limited to certain zones ar areas
or subject to height, lat 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. We provided example langua�e that properly
addresses subdivision (e)(1) ADUs with our letter to the Planning Commission.
As drafted, the City's ardinance will be null and void, in its entirety, and City staff will be
legally required to apply permissive state law standards for ADUs until the City adopts a compliant
ardinance. We urge yau to introduce a modified ordinance that meets the City's legal obligatians.
Sincerely,
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Matthew Gelfand
cc; City of San Luis Obispo
Michael Codron, Camm. Dev. Director (by email to mcodron@slacity.org)
Kyle Van Leeuwen, Associate Planner (by email to kleeuwen c7slocity.arg)
Derelc J. Johnson, City Manager (by email to djohnson@slocity.org)
J. Christine Dietricic, Esq., City Attorney (by email to cdietricic�slocity.org)
California Department of Housing and Community Development
Greg Nickless, Housing Policy Analyst(by email to greg.nicicless@hcd.ca.gov)