Item 3.4 Additional Material posted 12-02-19City of Poway MEMORANDUM
ADDITIONAL MATERIAL
(Agenda Related Writings/Documents provided to City Council or Staff after distribution of the
Agenda Packet for the December 3, 2019 Council Meeting)
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
December 3, 2019
Honorable Mayor and Members of the City Council
Faviola Medina, City Clerk W
(858)668-4535 or fmedina@poway.org
Item 3.4 -Adoption of an Ordinance amending Title 17 of the Poway
Municipal Code (PMC) Amending Accessory Dwelling Unit Regulations;
Zoning Ordinance Amendment (ZOA) 19-003
Attached please find correspondence received on Tuesday, December 2, 2019, after the agenda
distribution deadline.
Reviewed/Approved By:
Wendy Kaserman
Assistant City Manager
Reviewed By:
Alan Fenstermacher
City Attorney
Approved By:
Ch�
City Manager
1 of 3 December 3, 2019, Item #3.4
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CALIFORNIANS FOR HOMEOWNERSHIP
November 27, 2019
VIA EMAIL AND U.S. MAIL
Mayor & City Council
City of Poway
13325 Civic Center Dtive Poway, CA 92064
Email: svaus@poway.org; dgrosch@poway.org; cfrank@poway.org; bleonard@poway.org; jmullin@poway.org
RE: December 3, 2019 City Council Meeting Agenda Item 3. 4.: Zoning Ordinance Amendment 19-003
To the Mayor & City Council:
IVIAI 1nr.wu'" .. '"1•-1 ---··---
MATT@CAf0RHOM£S,0RG
TEL: (213) 739-8206
Californians for Homeownership is a 50l(c)(3) non-profit organization devoted to using
legal tools to address Califomia'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 December 3 meeting, you will discuss amendments to the City's ADU ordinance
to address recent ADU bills, including SB 13 (Wieckowski), AB 68 (Ting), and AB 881 (Bloom). These bills broadly overhaul state ADU law, and they nullify any local ordinance that does not
strictly comply with their requirements.1 Section 1.5 of AB 881 provides the final version of the state ADU law, Government Code Section 65852.2, that will become operative on January 1, 2020.
Staff have prepared a draft ordinance that aims to bring the city into compliance with the
revised state ADU law. If the City adopts a compliant ordinance, it will become one of the first cities in California to align its law with the new state ADU law. In doing so, the City is demonstrating real leadership in this important area. Staff are to be commended for their work.
However, we have identified three specific concerns about the draft ordinance.
First, proposed P.M.C. Section 17.08.180(A)(2) must be adjusted to allow both a JADU
and an ADU on a single lot,as is required by Government Code Section 658:;2.2(e)(l)(B)2.
J• •. ii
A previous version of AB 68 provided that a conflicting local ordinance would be "nuil
and void to the extent of such conflict." That provision was struck from the final bill, which
provides for complete invalidation. � 2 Citations are to the law as amended.
525 s. Virgil Avenue
Los An.geles, CA 90020
2 of 3 December 3, 2019, Item #3.4
ADDITIONAL MATERIAL
November 27, 2019 Page2 Second, proposed P.M.C. Section l 7.08.180(A)(8) would limit all ADUs to "50 percent of the floor area co ntained in the main single-family residence/' However, this limit should only apply to attached ADUs, and the lang uage should also be adjusted to remove the reference to "single-family," as has been done elsewhere in the draft ordinance. See Gov. Code §65852.2(a)(l)(D)(iv).Third, proposed P.M.C. Section 17.08.180(A)(13) would require a one-year minimum lease te1m for AD Us that are not owner-occupied. This is an impennissible attempt at an end run around the limit on owner-occupancy mies. The law requires the City to use a 30-day minimum lease term (at most) for all ADUs: •For ADUs governed by Government Code Section 65852.2(e), the City may notapply any local development standards beyond those specifically enumerated in Section_65852.2(e). The one-year lease rule is not authorized in Section 65852.2(e) and must beremoved.•For ADUs governed by Government Code Section _65852.2(a), the City is alsoprohibited from imposing a one-year minimum lease. Section 65852.2(a)(3) provides that" [ n Jo additio nal standards, other than those provided in this subdivision, shall be used orimposed, including any owner-occupant requirement, except that a local agency mayrequire that the property be used for rentals of terms longer than 30 days." It is impossibleto read Section 65852.2(a)(3) to authorize a one-year lease requirement.We hope that the above information is helpful to you as you move forward with the City's ADU ordinance. We look forward to continuing to work with you on the City's ADU pol icies . ..-;
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,: Matthew Gelfand · cc: Robert Manis, Director of Development Services (by email to bmanis@poway.org) David De Vries, City Planner (by email to ddevries@poway.org) 525 S. Vlrgil Avenue Wendy Kaserman, Assistant City Manager (by email to wkasennan@poway.org) Chris Hazeltine, City Manager (by email to chazeltine@poway.org) _/Alan Fenstennacher, City Attorney (by email to afenstennacher@mtan.com) .r
Los. Angeles, CA 90020 CALIFORNIANS FOR HOMEOWNER�HIP
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