HomeMy WebLinkAbout4/10/2018 Item 2, Codron
City of San Luis Obispo, Council Memorandum
April 10, 2018
TO: City Council
FROM: Michael Codron, Community Development Director
VIA: Derek Johnson, City Manager DJ
SUBJECT: Item #2: ADU Owner Occupancy Requirement
The Council has received a few pieces of correspondence regarding Accessory Dwelling Units.
The purpose of this memo is to provide the broad public policy background and how it will be
applied to pending building permits.
DU ordinance became null and void following the enactment of
two new pieces of State legislation, SB 229 (Wieckowski) and AB 494 (Bloom). During the period
of time between January 1, 2017 and July 5, 2017, the State law was in effect in the City of San
Luis Obispo and 77 applications were received during this period of time. Of those 77 applications,
40 permits have already been issued under the provisions of the State law.
This new legislation was intended to remove barriers, streamline approval and expand potential
capacity for ADUs. Cities are statutorily prohibited from precluding ADUs unless there is a clearly
identified health and safety risk.
in two key ways (1) the size limit (up to 1,200 square feet under State law, whereas 800 square
feet is the City maximum), and (2) owner occupancy (no requirement under State law, but the City
does require owner-occupancy).
Recently, the Community Development Department discussed the applicabili
ordinance to the 37 permits that have not yet been issued. After some research, staff has determined
applicant. If the applicant has not made a substantial investment in reliance on the permit (which
usually means that construction has already commenced), then the permit should only be issued if
it fully complies with the laws in effect at the time of permit issuance.
Based on this determination, staff is in the process of developing a communication to send to the
applicants for the remaining ADU permit applications under review to explain the requirements of
re plans to be modified. In other cases,
the applicant will not be able to move forward with the ADU construction because the property is
not intended to be owner-occupied.
Staff has also received correspondence regarding Tract #460 (there are ADU
applications pending on Patricia and Pasatiempo). Staff has reviewed a recorded document titled
ADU Owner Occupancy Requirement Page 2
detached ADU). However, this is not part of any City code and is a private agreement. The City
does not enforce these restrictions nor can it be used as an applicable standard of review for
purposes of permitting . As a result, this issue is largely understood by staff as a civil matter
between property owners within this subdivision, and the recorded document alone would not be
enough to prevent the City from issuing the permit
updated regulations.
able to respond to public testimony on
this matter and provide the City Council with an update on its evaluation of the barriers to ADU
construction in the City.