HomeMy WebLinkAbout2/12/2025 Item 4a, Amini - Staff Agenda CorrespondenceCity of San Luis Obispo, Council Memorandum
City of San Luis Obispo
Planning Commission Agenda Correspondence
DATE: February 12, 2025
TO: Chair and Commissioners
FROM: David Amini, Housing Coordinator
VIA: Tyler Corey, Deputy Community Development Director
SUBJECT: ITEM 4A - TITLE 16, 17 AMENDMENTS (CODE-0031-2025)
Question regarding conversion of space for ADUs: Staff received questions regarding
the below Section 17.86.020.B.4.c of the Zoning Regulations Update, regarding the
conversion of new or existing space into ADUs. The Draft Planning Commission
Resolution includes the following language:
Building permit applications involving the construction of new space or the
alteration of existing space within an existing residential structure may be
designed in such a manner as to facilitate the conversion to an accessory
dwelling unit or junior accessory dwelling unit. Said new construction or
alterations to the existing structure(s) shall be consistent with the City’s
objective design standards and any applicable zoning regulations. An
accessory dwelling unit or junior accessory dwelling unit created through
such a building permit application cannot be combined with the provisions
of California Government Code Section 66323.
After further evaluation for consistency with state law requirements and clarity, staff
recommends revisions to the proposed language in Section 17.86.020.B.4.c to read as
follows:
Building permit applications that propose the expansion or alteration of an
existing single-family or multifamily dwelling, or the conversion of existing
space within a single-family or multifamily dwelling, for the purpose of
creating an accessory dwelling unit or a junior accessory dwelling unit, are
permissible under this Chapter. Said expansion or alteration to an existing
single-family or multifamily dwelling shall be consistent with the City’s
objective design standards and any applicable zoning regulations. The
number of ADUs within the existing or proposed converted space of a
multifamily dwelling shall not exceed 25 percent of the existing number of
multifamily dwelling units. The provisions of this section do not apply to
new construction multifamily dwellings.
Item 4a. Title 16, 17 Amendments (CODE-0031-2025) Page 2
As written above, this section is now compliant with state law, and with the intent to
remove an identified barrier to the provision of certain ADUs by streamlining a two-step
building permit process when expanding or altering a single-family or multifamily dwelling
that will ultimately be converted to an ADU, as long as the addition/expansion otherwise
complies with the zoning regulations of the City (currently, an applicant must propose an
addition/expansion, permit and construct the addition/expansion, then receive a
subsequent building permit to convert the existing space to an ADU).
Staff has received feedback regarding the applicability of this section to new construction
of multifamily dwellings. If this section were expanded to new construction dwellings, it
would allow developers to include more housing units than what is allowed in the
underlying zone by adding ADU’s in an amount of up to 25 percent of the proposed
amount of units.
Staff recommends that this section be reserved only for existing multifamily dwellings as
there are existing incentives in the City’s Zoning Regulations that allow new multifamily
projects to secure a higher density than what is allowed, such as a density bonus, which
provides additional density in exchange for providing below market rate deed restricted
units. This existing incentive has been used on many existing multifamily projects in the
City and allows for both increased density and meeting the City’s goals of adding critical
Below Market Rate housing stock.
Question 2: Miscellaneous Revisions: After agenda publication, some proposed
amendments were identified through public comment or by staff that require further
clarifications or correction.
Miscellaneous Revision 1: As proposed, Section 17.86.020(C)(5) reads:
“Except as required by state law, the owner of the property shall occupy
either the primary residence or the junior accessory dwelling unit.”
After further evaluation by staff, it was determined the following revision (emphasis
added) is required so that the language may read more clearly. Staff recommends that
Section 17.86.020(C)(5) be revised as follows:
“Except as provided by state law, the owner of the property shall occupy
either the primary residence or the junior accessory dwelling unit.”
The reference made to state law in this section is intended to refer to several exceptions
to the owner occupancy requirement under state JADU law.
Item 4a. Title 16, 17 Amendments (CODE-0031-2025) Page 3
Miscellaneous Revision 2: As proposed, Section 17.86.020(C)(6) reads:
“Except as required by state law, prior to the issuance of building permits
for a junior accessory dwelling unit...”
After further evaluation by staff, it was determined the following revision (emphasis
added) is required so that the language may read more clearly. Staff recommends that
Section 17.86.020(C)(6) be revised as follows:
“Except as provided by state law, prior to the issuance of building permits
for a junior accessory dwelling unit...”
The reference made to state law in this section is intended to refer to any future changes
to state JADU law that may require exceptions to this covenant agreement requirement.
Miscellaneous Revision 3: As proposed, Section 16.15.025(D)(2) reads:
“There is a car share vehicle, as defined in Section 16.26.061, located
within one block...”
After further evaluation by staff, it was determined the following revision (emphasis
added) is required to reference the correct Section number. Staff recommends that
Section 16.26.061 be revised as follows:
“There is a car share vehicle, as defined in Section 16.26.065, located
within one block...”