REPORT TO PLANNING COMMISSION
SUBJECT
Title
Consent: Responses to Questions from the January 29, 2020 Housing Presentation
Report
EXECUTIVE SUMMARY
At the January 29, 2020 Planning Commission meeting, Assistant City Attorney Alexander Abbe gave a presentation to the Commission on 2019 housing legislation. This report responds to the specific questions raised by the Commissioners at the January 29 meeting. This memorandum is not intended to be a complete summary of all of the legislation discussed.
Topic
Commissioner
Question
Short Answer
ADUs
Jain
Can the City still limit ADU size based on the size of the main house?
Yes, but only if it is still possible to build an ADU = 800 sf
ADUs
Ikezi
Can HOAs prohibit ADUs?
In single-family zones, no.
In multi-family zones, yes.
SB 330 Streamlining
Cherukuru
Does SB 330 apply to all housing developments, or just affordable housing?
With a few minor exceptions, SB 330 applies to all housing developments
SB 330 Streamlining
Jain
Can the City still create ECR "activity zones," given SB 330's prohibition on down-zoning of residential land?
Yes, the City can still down-zone a site if it concurrently up-zones another site by the same amount.
Density Bonuses
Jain
For student housing density bonuses, what qualifies as "student" housing?
All housing units must be used exclusively by full-time university students. An operating agreement or lease with a university is required.
Supportive Housing & Low Barrier Nav. Centers
Jain
Would the legislation on supportive housing & LBNCs allow for "tiny homes" by right?
Yes, potentially; especially for LBNCs. For supportive housing, some City Code revisions may be necessary
Surplus Lands Act
Ikezi
Under the Surplus Lands Act, can the City ever sell surplus land for non-residential development?
Only in limited cases. The City must first negotiate in good faith with housing developers.
Rent Limits, AB 1482 & 1110
Biagini
Could a landlord avoid the rent limits of AB 1482 by changing a l...
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