HomeMy WebLinkAbout5/2/2017 Item 11, CodronCouncil Memorandum
DATE: April 27, 2017
TO. City Council
COUNCIL MEETING._!S O Z 2 t
ITEM NO.:,,�_�y,
2=7
FROM: Michael Codron, Community Development Director
Jenny Wiseman, Acting Housing Programs Manager
VIA: Katie Lichtig, City Manager
SUBJECT: Accessory Dwelling Unit Ordinance (5/2/17 Item 11) Clarification of Covenant
Agreement for Owner Occupancy Requirements
The purpose of this agenda correspondence is to provide clarification to the Covenant Agreement
language and provide the legislative draft of the agreement. The Covenant Agreement is
recorded on the property's title when an Accessory Dwelling Unit is approved, and confirms that
the owner of the property is to maintain their primary residence in either the single family home
or the accessory dwelling unit on the site.
During review by the Planning Commission on February 22nd, Commissioners questioned the
need for the inspection language in the Covenant Agreement, and recommended removal of the
following language from the draft Ordinance:
"The covenant agreement also may contain authorization for annual inspections, and to allow
the City upon reasonable time and notice, to inspect the premises for compliance with the
agreement and to verify continued compliance with requirements of this section and health and
safety codes. "
Staff informed the Commission that this language was already slated to be removed from the
Ordinance prior to the hearing as is reflected on page 129 for the City Council meeting agenda
packet. In addition, the City's existing Covenant Agreement never included inspection language
and the inspection process is not used or necessary to enforce the owner occupancy requirement.
The City's Covenant Agreement will be updated if the Accessory Dwelling Unit Ordinance is
approved and a legislative draft can be found in Attachment 1 of this memo. This draft also
contains no language regarding inspections.
Please contact Jenny Wiseman at 781-7010 or iwiseman(ri}slacity.org with any questions.
Attachment 1
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City of San Luis Obispo
Community Development Department
919 Palm Street
San Luis Obispo, CA 93401-3218
AGREEMENT CONDITIONS OF USE
FOR S-EGON-DAR-Y-ACCESSORY DWELLING UNIT
Address
APN
This agreement, made and entered into this day of 20 ,
by and between (hereinafter called "Owner") and
the CITY OF SAN LUIS OBISPO, A MUNICIPAL CORPORATION, (hereinafter called
"City").
WITNESSETH
WHEREAS, Owner is the owner of that certain real property located in the City of
San Luis Obispo, County of San Luis Obispo, State of California, described as Lot
of Tract as shown on map filed in Book of Maps at Pages to
in the Office of the County Recorder of said County (the "Property"); and
WHEREAS, Owner has made application with City for approval of a-secendaWan
accessory dwelling unit as provided in Section 17.21 of the Municipal Code; and
WHEREAS, approval of said sesoadapy--accessory dwewe liiig unit by City entitled
Owner to modify or to construct an addition to an existing structure or to build a new
structure (described and delineated on Building Permit No. ), on the Property.
NOW, THEREFORE, in consideration of the above recitals and mutual covenants,
terms, conditions and restrictions contained herein, Owner hereby declares that the Property shall
be held, transferred, encumbered, used, sold, conveyed, leased, and occupied subject to this
Agreement (and incorporating the above recitals herein by this reference) which shall run with
the land and shall be binding upon Owner's heirs, successors in interest, legal representatives,
administrators, grantees, assigns, lessees, or any other occupiers and users of the Property, or any
portion of it, as follows:
The parties hereto agree that execution of this agreement by Owner and City
entitles Owner to proceed to modify or construct the structure described on Building
Permit No.as appFaved-by-fie dafelliAg Hait Perm+t
�tB. RDI i
2. Owner agrees that:
a. The primary unit or the secondary unit shall be occupied by the owner.
e the
independentstrUGture GaR RE) ionger be used as an
c-onveFsionS^commurlity
an
b. If owner occupancv ceases. the Citv must be notified immediatelv in writin
The Community Development Director may waive the requirement for a
period of up to one (1) year based on showing of hardship. A hardship shall
include. but not be limited to. inheritance of property with an accessory
dwelling unit.
C. The seseRdapt-accessory_dwelling units can only be established when the
primary use on the site is a single-family dwelling; and
C. TaTThe required number of parking spaces shall be maintained for the
primary residence and one parkiRg spare OR the oafpof-t-as showed on
building plans.; and
d. Owner shall reimburse the City for costs of all necessary enforcement
actions concerning the seGon ap^ accessory dwelling unit on subject
property_; .nd
IN WITNESS WHEREOF, the parties hereto have executed this agreement on the
day and year first written above.
Date
ALL SIGNATURES MUST BE NOTARIZED
Owner
Date
Date
Owner
City of San Luis Obispo
Community Development Director
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document
to which this certificate is attached and not the truthfulness, accuracy, or validity of that document.
State of California }
County of San Luis Obispo }
On , before me,
Date
personally appeared,
Name and Title of the Officer
Name of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose
name(s) is/are subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
Signature of Notary Public Place Notary Seal Above
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document
to which this certificate is attached and not the truthfulness, accuracy, or validity of that document.
State of California }
County of San Luis Obispo }
On , before me,
Date
personally appeared,
Name and Title of the Officer
Name of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose
name(s) is/are subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document
to which this certificate is attached and not the truthfulness, accuracy, or validity of that document.
State of California }
County of San Luis Obispo }
On , before me,
Date
personally appeared,
Name and Title of the Officer
Name of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose
name(s) is/are subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
Signature of Notary Public Place Notary Seal Above