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2020-01-21 CC Agenda - Public Communication related to Item #14 - ADUV 6 �z. 1 T E', r•1 --tk 1 1-4 Shilling, Mona From: McClain, Gregg Sent: Tuesday, January 21, 2020 12:44 PM To: *ALL CITY CLERKS Subject: FW: Correspondence from Californians for Homeownership Attachments: 2020-1-20 - Californians Letter to City Council.pdf Not sure if you saw this. About ADUs. From: Matthew Gelfand [mailto:admin@caforhomes.org] On Behalf Of Matthew Gelfand Sent: Monday, January 20, 2020 11:56 PM To: Boyles,Drew (Mayor); Pirsztuk, Carol (Mayor pro tem); Brann, Don (Council Member); Nicol, Scot (Council Member); Pimentel, Chris (Council member) Cc: Lee, Sam; McClain, Gregg; Mitnick, Scott; Hensley, Mark (City Attorney); King, David Subject: Correspondence from Californians for Homeownership To the City Council: Please see the attached correspondence regarding Agenda Item 14 being considered at your upcoming meeting. Sincerely, Matthew Gelfand Matthew Gelfand Counsel, Californians for Homeownership 525 S. Virgil Avenue Los Angeles, CA 90020 mattwca forhoines.or° Tel: (213) 739-8206 Californians for Homeownership is a 501(c)(3) non-profit organization that works to address California's housing crisis through impact litigation and other legal tools. 0:W:CALIFORNIANS FOR HOMEOWNERSHIP January 20, 2020 VIA EMAIL MATTHEW GELFAND, COUNSEL MATT@CAFORHOMES.ORG TEL: (213) 739-8206 City Council City of EI Segundo 350 Main Street EI Segundo, CA 90245 Email: dboyles a elsegiindo.org; cpirsztuk@elsegundo.org; dbrann@elsegundo.org; Sri icot @elsegundo.org; cpimentel@elsegundo.org RE: January 21, 2020 City Council Meeting, Agenda item 14 To the City Council: Californians for Homeownership is a 501(c)(3) non-profit organization devoted to using legal tools to address California's housing crisis. i am writing as part of our work monitoring local compliance with California's laws regarding accessory dwelling units (ADUs). This letter follows up on our December 12, 2019 letter to the Planning Commission commenting on the City's draft ADU ordinance. First, we want to commend staff for working to address the concerns raised in our prior letter. The draft being presented for your consideration is a major improvement. We also want to acknowledge the City's important recognition of its obligation to permit certain ADUs under Government Code Section 65852.2(e), as is detailed in the staff report before you. Second, we wanted to raise two remaining concerns, both relatively minor: ■ Proposed Municipal Code Section 15 -4E -3(B)(3) could be read to limit the setback exception to conversions that do not involve replacement of the existing structure with a new structure. The exception required by state includes "a structure constructed in the same location and to the same dimensions as an existing structure ...." Gov. Code § 65852.2(a)(1)(D)(vii). For clarity, this language should be integrated into the City's ordinance. • The parking requirement exception in proposed Municipal Code Section 15 -4E -3(F) includes only one of the five categories mandated by Government Code Section 65852.2(d). Among other things, the draft ordinance omits the exception for parking requirements if "[t]he accessory dwelling unit is part of the proposed or existing primary residence or an accessory structure." Perhaps the draft language was intended as an acknowledgment that all of the City's residential lots fall within the exception for public transit; if so, the ordinance should simply say 525 S. Virgil Avenue Los Angeles, CA 90020 Is January 20, 2020 Page 2 that parking is not required for the ADU. Otherwise. it should be revised to contain verbatim the complete language of Section 65852.2(d). We hope the information above is helpful to you as you move forward with the City's ADU ordinance. Sincerely, ';���c 1-- Matthew Gelfand cc: Sam Lee, Director of Planning & Building Safety (by email to slee@elsegundo.org) Gregg McClain, Planning Manager (by email to gmcclain a elsegundo.org) Scott Mitnick, City Manager (by email to smitnick@elsegundo.org) Mark D. Hensley, City Attorney (by email to mhensley@hensleylawgroup.com) David H. King, Assistant City Attorney (by email to dking@hensleylawgroup.com) 525 S. Virgil Avenue Los Angeles, CA 90020 CALIFORNIANS FOR HOMEOWNERSHIP