HomeMy WebLinkAboutStatutory Conflicts within SLO Wastewater Offs
1/13/2021
Christine Dietrick
San Luis Obispo City Attorney’s Office
990 Palm Street
San Luis Obispo, CA 93401
attorney@slocity.org;
Via Email
Re: San Luis Obispo Wastewater Offset Program and its Application to Accessory Dwelling
Units
City Attorney Dietrick,
YIMBY Law submits this letter to inform you that the city of San Luis Obispo has an obligation
to abide by all relevant state housing laws when evaluating the fees and charges applied to new
Accessory Dwelling Units.We believe that the current requirements for sewer lateral
replacement for new ADUs in portions of the city violates state law in several respects and
subjects the city to significant litigation risk.
Different types of ADUs are treated differently under state law when it comes to fees and
charges that can be applied for utility connections.Notably,applicants building an ADU within
the existing building envelope may not be charged an additional connection fee.This type of
ADU is described in the statute as follows.
65852.2 (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 one 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.
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1260 Mission St
San Francisco, CA 94103
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(iii) The side and rear setbacks are sufficient for fire and safety.
This type of ADU includes those built within the existing space of a single family dwelling as
well as those constructed within an accessory structure like a garage or workshop.This type of
ADU is singled out in the statute as being exempt from connection fees.
65852.2 (f)...(4)For an accessory dwelling unit described in subparagraph (A)of paragraph
(1)of subdivision (e),a local agency,special district,or water corporation shall not require
the applicant to install a new or separate utility connection directly between the accessory
dwelling unit and the utility or impose a related connection fee or capacity charge,unless the
accessory dwelling unit was constructed with a new single-family home.
Any connection fees applied to ADUs covered by 65852.2(e)(1)(A)are entirely unlawful,except
in the case of the construction of an entirely new primary dwelling.For the purposes of
calculating fees and charges this type of ADU is not considered an additional or distinct
residential use.We do not believe that this type of ADU would trigger the city’s lateral
replacement requirement in most cases,however without more information on how the lateral
replacement provision interacts with accessory structures we cannot know for sure.
The city is allowed to charge connection fees for Multi-family ADUs and ADUs not built within
the existing envelope of a Single Family Home.However,these fees may not be calculated as if
the ADU is a new residential use and fees must be proportionate to the burden of the ADU.
65852.2 (f)...(5)For an accessory dwelling unit that is not described in subparagraph (A)of
paragraph (1)of subdivision (e),a local agency,special district,or water corporation may
require a new or separate utility connection directly between the accessory dwelling unit and
the utility.Consistent with Section 66013,the connection may be subject to a connection fee
or capacity charge that shall be proportionate to the burden of the proposed accessory
dwelling unit,based upon either its square feet or the number of its drainage fixture unit
(DFU)values,as defined in the Uniform Plumbing Code adopted and published by the
International Association of Plumbing and Mechanical Officials,upon the water or sewer
system. This fee or charge shall not exceed the reasonable cost of providing this service.
The effect of this statute is relatively simple.ADUs cannot be treated the same as a new
residential use,such as a new multifamily dwelling or single family dwelling.Instead fees need
to be assessed based on the proportional utility burden of the proposed ADU.The city can
choose to assess this fee based on square footage or on drainage fixture unit values but either
way the fee needs to correlate to impact.
Currently,the city treats all new residential development beyond a particular square footage
equally.This violates both parts of the statute as it levies the same burden on ADUs as entirely
new residential uses and fails to distinguish between ADUs relative to their proportional
burden on the utility system.
We encourage the District to change this policy to better facilitate the creation of ADUs and
also to relieve litigation risk.A proportional drainage fixture unit value based system would
more accurately charge applicants in proportion to the additional load generated on the
YIMBY Law, 1260 Mission St, San Francisco, CA 94103
sewage system.If the city is more comfortable with a square footage model,as the current
program already uses certain similar metrics, that could also be a good solution.
Yimby Law is a 501(c)3 non-profit corporation,whose mission is to increase the accessibility
and affordability of housing in California.
I am signing this letter both in my capacity as the Executive Director of YIMBY Law,and as a
resident of California who is affected by the shortage of housing in our state.
Sincerely,
Sonja Trauss
Executive Director
YIMBY Law
YIMBY Law, 1260 Mission St, San Francisco, CA 94103