Accessory Dwelling Units (ADUs)
Background: Under amendments to State law effective January 1, 2020, the City is mandated to administer the approval of ADU’s and Junior ADUs sought by residents. Under new State laws (click here for more details), the City’s existing ADU regulations are null and void until a new compliant code is adopted, which would then be subject to review and approval (or denial) by the State Department of Housing and Community Development (HCD).
The City has reviewed several iterations of a new ADU ordinance throughout the past three years. On April 14, 2020, City Council adopted a temporary ordinance to regulate ADUs while Council reviews iterations of a permanent ordinance for the City. This temporary ordinance remains in effect either until a permanent ordinance goes into effect or April 13, 2021, whichever occurs first.
Residents have expressed concern about the possible consequences of this new State law and the City’s response to compliance. In particular, the ordinance (and the recently passed state law) are in conflict with the underlying CC&Rs from the 1920s; these are contracts which all homeowners are obligated to follow. Some residents are concerned that this may create a precedent that the State could leverage to force eventual conversion of parklands into low income housing notwithstanding the fact that the underlying deed restrictions explicitly forbid the sale of parkland for any purpose except public recreation.
Question: What is your view of this new State law? What ideas do you have for balancing the concerns of the residents while achieving compliance with State law on this matter? What steps should the City take to allay residents’ concerns?