HomeMy WebLinkAbout2019/11/05 Item 5 - Additional Information - Pacific Southwest Assoc of Realtors PACIFIC SOUTHWEST
ASSOCIATION OF REALTORS"' Additional Information
116
November 5,2019 Item #
Honorable Mary Salas
City of Chula Vista
276 Fourth Avenue
Chula Vista,CA 91910
Agenda Item 5—Support Removal of ADU&JADU Homeowner Occupancy Requirement
Dear Mayor Salas and Chula Vista City Councilmembers:
The Pacific Southwest Association of REALTORS®(PSAR)strongly supports the City of Chula Vista's removal of the
city's Accessory Dwelling Unit(ADU)and Junior Accessory Dwelling Unit(JADU)Homeowner Occupancy
requirements and the proposed reduction of Permit Processing and Development Impact Fees(DIFs).
PSAR supports the Staff report recommendation to remove the ADU&JADU Homeowner Occupancy requirement and
release other ADU&JADU owners from prior deed restrictions.
We encourage you to support the Staff report's recommendation to remove the ADU/JADU Homeowner Occupancy
requirement and look forward to the final staff proposal regarding the reduction and financing of ADU&JADU DIFs.
PSAR understands that your staff will return with the remaining changes in your ADU ordinance that will implement the
rest of the SB 13 ADU/JADU requirements.
The California Association of REALTORS®is monitoring municipal regulations that would reduce the production of
new housing units.Local housing regulations are being reviewed by Californians for Homeownership(CFH)to ensure
local regulations are not stifling the production of new housing.A guide that was produced by CFH regarding mandatory
changes that will be required by SB 13 is attached to this letter.
PSAR urges you to come back at the beginning of the year with the recommended changes to the ADU and Junior ADU
that meet the changes mandated by SB 13.
Thank you for your consideration of our recommendations and your support of expanding housing opportunities in the
City of Chula Vista.
Sincerely,
1 oAnt eAffo" ReAnt a #ffiJ6
Robert Calloway,2019 President Robert Cromer,2020 President
Pacific Southwest Association of REALTORS® Pacific Southwest Association of REALTORS®
East County Service Center• 1150 Broadway, Ste 100•El Cajon,CA 92021 •619.579.0333
South County Service Center• 880 Canarios Court, Ste 100•Chula Vista,CA 91910-619.421.7811
Center City Service Center•4340 Genesee, Ste 203,San Diego,CA 92117
I r
REALTOR` EQUAL HOUSING
OPPORTUNITY
On January 1, 2020, it will become easier to build Accessory Dwelling Units in California,thanks
to a package of new bills. These bills invalidate local ADU ordinances across the state and
replace them with state-mandated rules. Here are some highlights of California's new ADU law:
• Cities must approve ADU applications within 60 days, without a hearing or discretionary review.
• For ADUs permitted by 2025, cities cannot require the owner to live at the property.
" • Cities cannot charge any impact fees for ADUs under 750 sqft;fees for larger ADUs are limited.
• Homeowners associations must allow the construction of ADUs. t
• ADUs can be developed at the same time as a primary unit, under most of the same rules.
• A city must delay code enforcement against an existing unlawful ADU to allow it to be legalized.
ADUs Subject to Automatic Approval — No Local Limits
Cities must permit certain categories of ADU without applying any local development standards
(e.g., limits on lot size, unit size, parking,height,setbacks, landscaping,or aesthetics), if proposed on
a lot developed with one single-family home. ADUs eligible for this automatic approval include:
• An ADU converted from existing space in the home or another structure(e.g.,a garage), so
long as the ADU can be accessed from the exterior and has setbacks sufficient for fire safety.
• A new detached ADU that is no larger than 800 sqft, has a maximum height of 16 feet, and
has rear and side setbacks of 4 feet.
• Both of the above options (creating two ADUs), if the converted ADU is smaller than 500 sqft.
ADUs Subject to Ministerial Approval — Minimal Local Limits
Even if not subject to automatic approval, a city generally must approve any attached or detached
ADU under 1,200 sqft unless the city adopts a new ADU ordinance setting local development
standards for ADUs. If a city adopts such an ordinance, it must abide by the following restrictions:
• No minimum lot size requirements.
• No maximum unit size limit under 850 sqft (or 1,000 sqft for a two-bedroom ADU).
• No required replacement parking when a parking garage is converted into an ADU.
• No required parking for an ADU created through the conversion of existing space or located
within a half-mile walking distance of a bus stop or transit station.
• If the city imposes a floor area ratio limitation or similar rule,the limit must be designed to
allow the development of at least one 800 sqft attached or detached ADU on every lot.
Adding Units to Multifamily properties
For the first time,the new laws allow units to be added to multifamily buildings. Cities must permit
these types of units in multifamily buildings without applying any local development standards:
• New units within the existing non-living space of a building(e.g., storage rooms, basements,
or garages).At least one unit and up to X of the existing unit count may be created this way.
• Two new homes on the same lot as the multifamily building but detached from it, with 4-foot
side and rear setbacks and a 16-foot maximum height.
contact@caforhomes.org 1 (213)739-8206
525 S.Virgil Avenue I Los Angeles,CA 90020 CALIFORNIANS FOR HOMEOWNERSHIP