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HomeMy WebLinkAboutItem No. 16 Supplmental Item Candice Alvarez From: Jason Simpson Sent: Tuesday, March 9, 2021 8:49 AM To: Candice Alvarez Cc: Justin Kirk Subject: RE: [External]Comments on proposed ADU ordinance (Item #tV Follow Up Flag: Follow up Flag Status: Flagged Thank you, Leonard. Jason Simpson City Manager City of Lake Elsinore PH:(951) 674-3124, 204 We are in this together, and we will get through this, LE. Please find our latest COVID-19 updates at www.lake- elsinore.org/coronavirus. From: leichnitz Sent: Monday, March 8, 20218:11 PM To:Candice Alvarez<calvarez@Lake-Elsinore.org> Cc:Jason Simpson<jsimpson@Lake-Elsinore.org>;Justin Kirk<jkirk@Lake-Elsinore.org> Subject: [External]Comments on proposed ADU ordinance (Item# Message Brom external sender. Use Caution. Dear City Council: Thanks to Staff for getting this ordinance updated. However, as one of the developers that have actually pulled permits and built ADUs in the City under the new State law, we have an interest in ensuring that the ordinance the City adopts is in full compliance with the new State law. Accordingly, we have a few comments. 1. At Section C(4)(b),the ordinance provides that a detached ADU can be no more than 800SF. This is directly contradicted by Section D(3), which states that "a Detached ADU shall not exceed 1,200 square feet." This 800SF standard also contradicts state law, which provides for larger minimum units. We suggest that the size reference at Section C(4)(b) be deleted, since size is address in Section D of the ordinance. 2. At Section C(4)(d), the ordinance states that "The accessory dwelling unit must be contained within the walls of the single family dwelling." Section (e) refers to all ADUs -that is,to build either an attached or detached ADU, there must be either an existing residence or a proposed residence to be developed. Staff s reference to "contained within the walls" appears to apply to all ADUs as written, but should only apply to attached ADUs. We suggest that this ambiguity be remedied by limiting the sentence to "Attached ADUs". 1 L . 3. At Section D(1), the ordinance states that "no more than one [ADU] is permitted on any lot." This is incorrect and should be deleted as it conflicts with numerous other provisions of the ordinance (eg, section C(4) makes clear that numerous ADUs can be located on one lot in various circumstances). 4. At Section D(2), there is a two-bedroom limit on ADUs. Per the HUD handbook attached to your Staff report, "State ADU law does not allow for the limitation on the number of bedrooms of an ADU." (HUD booklet,page 13-14) The new State law is quite complex and Staff overall did a good job making the City ordinance comply with the new laws. I consider the points above merely typographical in nature. But if they could be corrected, the development community and Staff will both have clear and unambiguous guidance about what the City expects for ADU development now and in the future. I regret I likely will not be able to attend the City Council session on this matter, and hope you find these notes useful. Thank you for your time. Leonard Leichnitz President, Lumos Communities LLC 2618 San Miguel#503 Newport Beach, CA 92660 z