HomeMy WebLinkAbout3/3/2020 Item 09, CodronCity of San Luis Obispo, Council Memorandum City of San Luis Obispo, Council Memorandum
Council Agenda Correspondence
Date: March 3, 2020
TO: Mayor and Council
FROM: Michael Codron, Community Development Director
VIA: Derek Johnson, City Manager
SUBJECT: Item #9 – Accessory Dwelling Unit (ADU) and Junior Accessory Dwelling Unit
(JADU) Ordinance
This correspondence is in response to agenda correspondence received regarding amendments to
the ADU and JADU Ordinance and compliance with State law.
1. There is no new information in the correspondence received that would necessitate
additional language changes at this time. Staff evaluated many of these concerns during
the review of the Ordinance with the Planning Commission and was in communication
with the California Department of Housing and Community Development (HCD) over the
past several months to ensure the Ordinance is in compliance with state law to the best of
staff’s ability.
2. The City acknowledges that there are drafting ambiguities and inconsistencies in the state
law that likely will require clarification via subsequent amendments. However, is required
to send the Ordinance to HCD once adopted for a compliance determination. If found to
be out of compliance, HCD will provide the City with an opportunity to make
recommended changes.
3. The idea that the City can apply no otherwise applicable standards, i.e. front yard setbacks,
which are not expressly prohibited by state statute, is a novel interpretation that, to staff’s
knowledge, has not been adopted by HCD, was not surfaced during the legislative process,
and would be inconsistent with the approach that many jurisdictions have taken throughout
the state based on statutory language that suggests required the statutory standards
contemplate ADUs in relation only to back and side yards.