MATAGUAL‐MELROSE PROJECT GOES TO CITY COUNCIL

The new residential project of 34 homes, proposed by True Life Companies for 560 and 622 So.
Melrose, will be presented at the Vista City Council meeting on June 27 at 5:30 p.m. The agenda report for the project can be found at https://records.cityofvista.com/weblink/0/doc/2049185/Page1.aspx

NOTE FROM THE PRESIDENT —
Accessory Dwelling Units (ADUs) ‐ a Primer Part 1

What is an ADU?
An ADU is an accessory to a primary residence and has complete independent living facilities for one or more persons. They are also known as “granny flats” or “casitas.” ADUs come in different variations or types:

• Detached: the unit is separated from the primary structure
• Attached: the unit is attached to the primary structure

• Converted Existing Space: a master bedroom, attached garage, storage or similar use area, or an accessory structure on the lot of the primary residence that is converted into an independent living unit.
• Junior ADU (JADU): A specific type of conversion of existing space no more than 500 square feet that is contained entirely within an existing or proposed single family residence.

Advantages of ADUs

ADUs are significantly less expensive to build than new detached single-family homes and must be built on lots with existing or proposed housing, so purchasing new land or costly infrastructure are not required. ADUs are often built with cost-effective one- or two-story wood frames. Additionally, prefabricated ADUs (e.g., manufactured housing and factory-built housing) can be directly purchased and further reduce construction time and cost. ADUs can provide as much living space as apartments and condominiums and work well for couples, small families, friends, young people, and seniors.

ADUs give homeowners the flexibility to share independent living areas with family members and others, allowing seniors to age in place, even if they require more care. ADUs provide housing for family members, students, the elderly, in-home health care providers, individuals with disabilities, and others at below market prices within existing neighborhoods.

Accessory Dwelling Unit(s): A Primer

What is an ADU?

An ADU is an accessory to a primary residence and has complete independent living facilities for one or more persons. They are also known as “granny flats” or “casitas.” ADUs come in different variations or types:

• a) Detached: the unit is separated from the primary structure
• b) Attached: the unit is attached to the primary structure
• c) Converted Existing Space: a master bedroom, attached garage, storage or similar use area, or an accessory structure on the lot of the primary residence that is converted into an independent living unit.
• d) Junior ADU (JADU): A specific type of conversion of existing space no more than 500 square feet that is contained entirely within an existing or proposed single-family residence.

Advantages of ADUs

ADUs are significantly less expensive to build than new detached single-family homes and must. be built on lots with existing or proposed housing, so purchasing new land or costly infrastructure are not required. ADUs are often built with cost-effective one- or two-story wood frames. Additionally prefabricated ADUs (e.g., manufactured housing and factory-built housing)

can be directly purchased and further reduce construction time and cost. ADUs can provide as much living space as apartments and condominiums and work well for couples, small families, friends, young people, and seniors.

ADUs give homeowners the flexibility to share independent living areas with family members and others, allowing seniors to age in place, even if they require more care. ADUs provide housing for family members, students, the elderly, in-home health care providers, individuals with disabilities, and others at below market prices within existing neighborhoods.

Selected Highlights of Recent Changes to ADU Laws

Over the years, State ADU Law has been revised to improve its effectiveness at creating more housing units. Changes to State ADU Law effective January 1, 2021, further reduce barriers, streamline approval processes, and expand capacity to accommodate the development of ADUs and JADUs.

1. Accessory dwelling units (ADUs) are an essential component of California’s housing supply. ADU ordinances adopted by a local agency should be not so arbitrary, excessive, or burdensome that they unreasonably restrict the ability of homeowners to create.

ADUs in zones authorized by local ordinance.

2. ADUs must be permitted in any residential or mixed-use zone, broadly construed to mean any zone where residential uses are permitted by-right or by conditional use.

3. An ADU does not count toward the allowable density.

4. ADUs subject to State ADU Law must be considered, approved, and permitted ministerially, without discretionary action within 60 days from the date of completed application submission

5. ADUs are allowed within a historic district and on lots where the primary residence is subject to historic preservation. State ADU Law allows for a local agency to impose standards that prevent adverse impacts on any real property that is listed in the California Register of Historical Resources. This does not apply to a statewide exemption ADU (an ADU of up to 800 square feet, 16 feet in height, and with four-foot side and rear yard setbacks).

6. While local governments may impose certain development standards on ADUs, these shall not include minimum lot size requirements. A local government may establish minimum and maximum unit size requirements for ADUs; but must allow an ADU of at least 850 square feet, or 1,000 square feet if with more than one bedroom.

7. Local agencies may utilize a percentage (e.g., 50 percent) of the primary dwelling as a maximum unit size for attached ADUs, but only if it does not restrict an ADU’s size to less than the standard of at least 850 square feet (or at least 1,000 square feet for ADUs with more than one bedroom). Maximum unit sizes can exceed 1,200 square feet for ADUs through the adoption of a local ADU ordinance.

8. There is no height limit contained in State ADU Law, but local agencies may impose height limits provided that the limit is no less than 16 feet.

9. A limit on the number of bedrooms could be construed as a discriminatory practice and would be considered a constraint on the development of ADUs.

10. An ADU is exempt from incurring impact fees from local agencies, special districts, and water corporations if less than 750 square feet.

11. The updates to State ADU Law remove the owner-occupancy requirement for newly created ADUs effective January 1, 2020.

12. Local agencies may require the property be used for rentals on terms longer than 30 days.

13. JADUs are limited to one per residential lot with a single-family residence. They do not require an interior connection to the primary dwelling but may allow entry to bathroom.

facilities in the primary dwelling. The owner must reside in the primary residence or the newly created JADU.

14. A manufactured home qualifies as an ADU.

15. Sections of the Civil Code preclude common interest developments (HOAs) from prohibiting or unreasonably restricting the construction or use, including the renting or leasing of, an ADU on a lot zoned for single-family residential use.

16. Covenants, conditions, and restrictions that either effectively prohibit or unreasonably restrict the construction or use of an ADU or JADU on such lots are void and unenforceable or may be liable for actual damages and payment of a civil penalty.

17. Local governments may choose not to adopt an ADU ordinance. If so, any proposed ADU development would be subject only to standards set in State ADU Law. If a local agency adopts an ADU ordinance, it may impose zoning, development, design, and other standards in compliance with State ADU Law.

Source: California Department of Housing and Community Development – Accessory Dwelling Unit Handbook (Updated July 2022)

— Francis Dumler

SVC LEADERS ELECTED FOR NEW YEAR
South Vista Communities had to forego its Annual Meeting again this year, but we are pleased to report that the Board of Directors for 2023-2024 will be –
President Francis Dumler
Vice President Pia Romano
Secretary Kathy Bagwell
Treasurer Pia Romano
At large: Stephanie Jackel
Bill Martin
Tazheen Nizam

We hope to see you at a SVC community meeting soon!

Photos of Vista