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HomeMy WebLinkAbout2020-01-22 Supplementals - PC-HPC (2)0:':CALIFORNIANS FOR HOMEOWNERSHIP January 22, 2020 VIA EMAIL Planning Commission of Rancho Cucamonga 10500 Civic Center Dr. Rancho Cucamonga, CA 91730 Email: c/o Rancho Cucamonga City Clerk's Office (city.clerk@cityofrc.us) MATTHEW GELFAND, COUNSEL MATT@CAFORHOMES.ORG TEL: (213) 739-8206 RE: January 22, 2020 Planning Commission Meeting, Agenda Item D5. To the Planning Commission: Californians for Homeownership is a 501(c)(3) non-profit organization devoted to using legal tools to address California's housing crisis. I am writing as part of our work monitoring local compliance with California's laws regarding accessory dwelling units (ADUs). At your January 22 meeting, you will discuss an ordinance intended to address recent changes to state ADU law. These changes broadly overhaul the rules regarding ADUs, and they nullify any local ordinance that does not strictly comply with their requirements.' If the City adopts a compliant ordinance, it will be able to maintain certain controls on ADU development. Unfortunately, we have some concerns about the draft ordinance, including: Lt Although the ordinance has generally been modified to allow standard ADUs (i.e., ADUs do not qualify under Government Code Section 65852.2(e)(1)) on lots zoned to allow multifamily use, it still has several references limiting those ADUs to lots with an existing single- family dwelling. This is unlawful. Standard ADUs are allowed on lots with existing multifamily structures. See Gov. Code § 65852.2(a)(1)(D)(ii) (prior language that allowed an ADU on a lot that "includes a proposed or existing single-family dwelling" has been replaced with language allowing an ADU on a lot that "includes a proposed or existing dwelling"). • The draft ordinance limits attached ADUs to the height of the main dwelling. The City must allow at least a 16-foot ADU regardless of the size of the main dwelling. Gov. Code § 65852.2(c)(2)(C). • The draft ordinance applies unlawful setbacks to ADUs that are not located in the rear yard. For all ADUs, the maximum side setbacks are four feet. Gov. Code § 65852.2(a)(1)(D)(vii). ' A previous version of AB 68 provided that a conflicting local ordinance would be "null and void to the extent of such conflict." That provision was struck from the final bill, which provides for complete invalidation. 525 S. Virgil Avenue Los Angeles, CA 90020 January 22, 2020 Page 2 • The draft ordinance does not provide that ADU parking may be located in setback areas or as tandem parking, as is required by Government Code Section 65852.2(a)(1)(D)(x). Unless this would otherwise be allowed by the City's parking regulations, it should be made explicit in the ADU ordinance. • The draft ordinance's requirements that ADUs "maintain the scale and appearance of a single-family dwelling" and that some ADUs "incorporate features to match the scale ... of the main dwelling unit" are concerning, because they could be interpreted to create unlawful size restrictions on ADUs. These requirements should be deleted. • The draft ordinance purports to apply the City's normal historic review processes to ADUs. Unless this review is a totally ministerial process, based on objective standards, with no hearing or discretionary review, that can be completed within 60 days, this is not allowed. Gov. Code § 65852.2(a)(3). This language should be clarified to exempt ADUs from any standards that do not fall within these limits. • Proposed Municipal Code Section 17.100.090 properly accounts for the special process applicable to the categories of ADUs listed in Government Code Section 65852.2(e)(1). Because the failure to account for these procedures has been a leading reason that other localities have received non-compliance letters from the Department of Housing and Community Development, the City's inclusion of this provision will serve it well. However, the draft ordinance improperly excludes animal -keeping buildings from this treatment. Because the draft ordinance separately handles unenclosed structures, we assume this is intended to refer to fully -enclosed barns, stables, and similar structures. Because these structures qualify as "accessory structures" under Government Code Section 65852.20)(2), their conversion must be allowed under Government Code Section 65852.2(e)(1)(A) if it can be accomplished under the relevant building, fire, and life safety standards. • The draft ordinance sets a maximum of two bedrooms per ADU. We understand that HCD's interpretation is that the law does not allow bedroom count limitations. Staff should revisit the draft ordinance and bring back a compliant ordinance for the Commission's consideration at a later meeting. We request that you include us on the notice list for all future public meetings regarding the City's ADU policies, and we request that this letter be included in the correspondence file for those meetings. Sincerely, Matthew Gelfand cc: Anne McIntosh, Planning Director (by email to anne.mcintosh@cityofrc.us) Jennifer Nakamura, Management Analyst (by email to jennifer.nakamura@cityofrc.us) City of Rancho Cucamonga Planning Department (by email to planning@cityofrc.us) 525 S. Virgil Avenue Los Angeles, CA 90020 CALIFORNIANS FOR HOMEOWNERSHIP