The Avalon Planning Com–mission last week voted unanimously to recommend the approval of changing how the city code regulates so-called accessory dwelling units. That means the issue will return to the City Council, which last December sent a draft of the ordinance back to the Planning Commission.
An additional dwelling unit (ADU) is basically a small place for someone to live in that is on the same property as a larger residence.
The recommendation came with the advice of the Planning Commission that deed restrictions be removed from the ordinance (unless the deed restrictions are required by state law) and with direction that the council address concerns about parking.
The reason this is necessary: New state laws “require the city to enact a new ordinance, as any local ADU ordinance that does not comply with the new statutory requirements becomes null and void on January 1, 2020,” according to the staff report submitted by Planning Director Amanda Cook and Isaac Rosen of the City Attorney’s Office. (City Attorney Scott Campbell was not available for the meeting, so Rosen served in his place.)
While the vote was unanimous, various planners expressed concern about various issues and the limited options available to local governments. For example, Planning Commission Paula Patterson pointed out that under the state-mandated provisions, if a parking garage is made into an ADU, the city can’t require the replacement of the parking spaces.
She also raised concerns about the height limits.
Rosen said the 16-foot height limit was a state standard.
Rosen said the city was trying to fit the uniqueness of Avalon into state standards.
He also explained that cities could not restrict properties with ADUs to owner occupancy from 2020 to 2025.
He said the ordinance was written so that as soon as the city had an opportunity to mandate owner-occupancy of the properties, the city would mandate owner-occupancy.
Rosen said there would be regulatory and court challenges to the state law.
“I’m going to say that we’re going to have to work really hard on parking,” Patterson said.
Commissioner Bob Kennedy said: “We have a number of properties on the Island that were originally built with a parking requirement.” Now, basically, the state was going to dictate what Avalon can and cannot do about parking, according to Kennedy.
He asked if other communities had challenged the new rules. Rosen was not aware of any such challenges.
It was Kennedy who question the need for the provision that would put deed restrictions on properties that have accessory dwelling units.
Patterson repeated her observation that you have to have parking with an ADU, but when you take away parking (by converting a garage) you don’t have to have parking. “It just doesn’t make sense,” she said.
Another concern was the state-mandate that no parking is required when a unit is within 1/2 mile of public transportation. Rosen explained that public transit could be a bus stop or train station.
Planning Director Cook could take the position that Avalon’s subsidized taxi service is a public transportation service “and they come to your front door.”
As to the possibility of restricting autoettes (golf carts) to year-round residents, Cook said that City Attorney Campbell had said Avalon would have to address that in the vehicle code.
In response to a question from Kennedy, Rosen said that the city doesn’t have an obligation to submit the ADU ordinance from the state. He explained that an ordinance that was not in compliance with state mandates would not be enforceable.
Rosen said he could not advise approving an ordinance that was contrary to state restrictions.
“It seems like our hands are tied right now,” said Planning Chairwoman Yolanda Montano.
Rosen said the commissions options were to recommend approval or to not make a recommendation.
Montano, apparently speaking from memory, said she believed the city required the deed restrictions. She said she wanted more information.
Kennedy made a motion to recommend the council approve the new ordinance, with the covenant that the commission is concerned about parking.
