With this backdrop, it is fascinating to see that LA City Planning Dept. is now claiming orally and in writing that the City is required to “codify standards to come into compliance” with AB 1866.  Further, that the “previous departmental policy of letting it only be an option for lots 7,500 sq. ft. in size was not legally substantiated and is part of the reason the City Attorney is directing a permanent ordinance.”

This is news to the City Attorney.  According to what he told the Plan Check attendees this morning, he first heard about this from his staff people at 5 pm on Friday, November 13th.  Moreover, he knows of no law that compels what City Planning is saying is legally required.  In fact, he invited Ms. Juarez to call his office to discuss this and has promised to take the call personally.

In the audience listening to Mr. Trutanich was Tom Rothman, Ms. Juarez’s superior.  At no time during Mr. Trutanich’s remarks at the Plan Check meeting did he voice any objection or make any public comments to what the city attorney was saying. Yet, after the City Attorney departed,  Mr. Rothman passed out a sheet on City Planning Letterhead  that categorically states the city CANNOT:

-- Restrict ADUs based on residential density requirements.

-- Require more than one parking space per unit or bedroom; parking shall be allowed in setbacks or in tandem (one behind the other) uncovered.

Additionally, Mr. Rothman stated that state law does not allow the city to impose “onerous” restrictions on the permitting of ADUs. Mr. Rothman spoke again of having been challenged legally, which has lead to the department point of view. According to Mr. Trutanich, no one from City Planning has spoken to the City Attorney’s office about any of this nor is there anything in state law that requires what Mr. Rothman asserts.

Mr. Trutanich, in his remarks, made the salient point that he is not a policy maker and that that is a role that is reserved to the City Council. Yet, where the third most powerful elected city official fears to tread, the City Planning Department seems to feel no such reluctance. Nor do they seem to feel constrained by what state law requires nor the need to seek legal opinion in this matter from the City Attorney. They seek public input while telling the public that certain things are mandated by state law, whether or not the same state law requires it.  Most interesting, is that they use the identical language from the very state law (AB 2702) that was vetoed by the Governor.

After the public comment period for this matter closes on December 15^th, I imagine that City Planning  will report that the citizenry has no issue with ADUs allowed anywhere in R1 zones. The idea that City Planning has taken on the role of policy maker and is attempting to manipulate the citizenry with false information is very uncomfortable to contemplate.

****

In addition to getting the word out, I think it is CRITICAL that we narrow the requirements for the ADUs.  In short, ADUs have been a fact of life since 2003.  That IS state law BUT we do not have to adopt the state regulations as written and, can like Pasadena, Culver City and Santa Monica, narrow the requirements such as:

-- Limit the lot size

2. In -- Insist that the Primary Dwelling Unit be owner occupied

3.      -- Require one additional parking space per occupant.

4.       And we need to mobilize the public to flood City Planning with our point of view.  First, I think we need to compile what the cities in LA County are requiring for their ADUs.  Secondly, we are running out of time as comments need to be in by December 15^th.

****        

[City prepared handout]                   

Greetings all

Today's program will include a discussion about the development of a City Ordinance regulating ADUs (Accessory Dwelling Units). We will have the opportunity to discuss what is being considered and what it means for your community with a representative of the City Planning Department. This is an active issue that will establish the "by-right" regulations for ADUs.

The City is in the process of responding to the provisions of AS 1866, Government Code §65852.150 et seq., which mandates ministerial processes for Accessory Dwelling Units (ADUs) in single family zones. That is the City Ordinance will provide the direction for implementing a State requirement. An Accessory Dwelling Unit, also called a granny flat, secondary dwelling unit, elder cottage housing opportunity (ECHO), or mother-daughter residence, is an apartment that can be located within the walls of a single-family home, an addition to an existing home, or a free-standing structure on the same lot.

In case you were not able to attend the workshops on this issue, two handouts that may help understand this issue are attached. The Workshop flyer, FAQs, Departmental Guidelines and the State Regulations are posted on the Planning-Department Web site. In addition, below is an email with further clarification.

****

From: Gabriela Juarez [mailto: This e-mail address is being protected from spambots. You need JavaScript enabled to view it ] Sent: Wednesday, November 04, 2009 10: 19 AM

Subject: Re: Accessory Dwelling Unit (ADU) Information

Please note that the State regulations mandate that all residentially zoned properties allow the ADU's to be an option for the property owner. The previous departmental policy of letting it only be an option for lots 7,500 sq. ft. in size was not legally substantiated and is part of the reason the City Attorney is directing a permanent ordinance.

Additionally, staff is not stating that parking be in the front yards. Parking in the front yards is currently not allowed by the Code and this ordinance does not intend to have that changed. The parking that is allowed in the setbacks, per State regulations, is only in the rear and side yard setbacks.

Lastly, I'd like to reiterate that we are conducting outreach to our communities because the State regulations feel to be more generous than what we need for our neighborhoods in order to preserve their character and scale.

I hope this helps clarify some of the information. Please feel free to contact me with further questions and comments. Your comments are always appreciated.

Best, Gabriela

Gabriela Juarez

Department of City Planning Code Studies Section

200 N Spring St, Room #763 Los Angeles, CA 90012 Mailstop: 395

Ph: (213) 978-1337 Fax: (213) 978-1334

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