Ord. No. 23-XX 2
permitted based on the adequacy of water and sewer services and the impact of ADUs on traffic flow and public safety, requires local agencies to ministerially approve ADUs on lots with multi-family residences and within existing garages, and removes the authority for local agencies to require that applicants for ADUs be owner occupants and removes the ability for cities to require owner occupancy for either the primary or the accessory dwelling unit; and WHEREAS, on September 28, 2020, Governor Newsom also signed Assembly Bill 3182 (Ting) into law, which allows associations to prohibit short term rentals of thirty days or less and limits associations ability to restrict rentals to twenty-five percent or less of the units in the association; and
WHEREAS, on June 22,2021, the City Council adopted Ordinance 21-2, repealing and replacing Concord Development Code Section 18.200.180, Accessory Dwelling Units, in compliance with the aforementioned state laws on ADUs; and
WHEREAS, on September 28, 2022, Governor Newsom also signed Senate Bill 897 (Wieckowski) and Assembly Bill 2221 (Quirk-Silva) into law, which clarifies and expands requirements for ADUs and JADUs such as setbacks and building height limitations; and WHEREAS, the City of Concord must amend Section 18.200.180 of the Development Code regulating ADUs to bring the regulations into alignment with Senate Bill 897 and Assembly Bills 2221 (hereafter collectively referred to as “State ADU Law”); and WHEREAS, to make the CMC consistent with state requirements, an amendment regulating ADUs in alignment with State ADU Law is proposed and attached hereto as Exhibit A to replace Section 18.200.180 in its entirety; and
WHEREAS, such text amendment is in the form of the proposed Development Code and Municipal Code Text Amendments attached hereto as Exhibit A and incorporated by reference, in order to ensure compliance, and consistency (the amendments as indicated in Exhibit A is collectively referred to as “ADU Amendments”); and
WHEREAS, the City has complied with the requirements of the Planning and Zoning Law (Government Code section 65100 et seq.), and the City’s applicable ordinances and resolutions with
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respect to approval of amendments to Title 18 of the Concord Municipal Code (“Development Code”); and
WHEREAS, on August 16, 2023, the Planning Commission held a duly noticed public hearing to consider the ADU Amendments, received the staff report and staff presentation, p comments from the public and interested parties, and after closing the public comments portion discussed the matter (the “Planning Commission Information”); and WHEREAS, following the August 16, 2023 public hearing, the Planning Commission adopted Resolution No. 23-15PC, recommending that the City Council adopt the ADU Amendments to the City of Concord Municipal Code Section 18.200.180 as contained in Exhibit A; and WHEREAS, the City Council, after giving all public notices required by state law and the Concord Municipal Code, held a duly noticed public hearing on September 12, 2023, on the proposed ADU Amendments; and
WHEREAS, at such public hearing, the City Council considered all oral and written information, testimony, and comments received during the public review process, including information received at the public hearing, the oral report from City staff, the written report from City staff dated September 12, 2023, materials, exhibits presented, pertinent maps, the Development Code, applicable Assembly Bills, Senate Bill and regulations, and all other information that constitutes the record of proceedings on which the City Council has based its decision are maintained at the City of Concord Clerk’s Office, 1950 Parkside Drive, Concord, CA 94519 (collectively, “City Council Information”), and declared their intent to approve and adopt the Ordinance; and THE CITY COUNCIL OF THE CITY OF CONCORD DOES ORDAIN AS FOLLOWS:
Section 1. All of the facts set forth in the Recitals are true and correct and are hereby incorporated and adopted as findings of the City Council as if fully set forth herein.
Section 2. The City Council has reviewed, considered, and evaluated all of the Planning Commission Information, City Council Information, all other pertinent plans, documents, and testimony prior to acting upon Ordinance.
Section 3. The documents and other materials that constitute the record of proceedings upon
Ord. No. 23-XX 4
which the City Council has based its decision are located in an may be obtained from the City of Concord Clerk’s Office, 1950 Parkside Drive, Concord, CA 94519.
Section 4. CEQA
Pursuant to the California Environmental Quality Act of 1970, Public Resources Code §21000, et seq., as amended and implementing State CEQA Guidelines, Title 14, Chapter 3 of the California Code of Regulations (collectively, “CEQA”), the Ordinance is statutorily exempt from CEQA review pursuant to Public Resources Code Section 21080.17: “(t)his division does not apply to the adoption of an ordinance by a city of county to implement the provisions of Sections 65852.1 and 65852.2 of the Government Code”), and CEQA Guidelines Section 15282(h) (“(t)he adoption of an ordinance regarding second units in a single-family or multifamily residential zone by a city or county to implement the provisions of Sections 65852.1 and 65852.2 of the Government Code” is statutory exempt). Accordingly, no further environmental review is required. This determination reflects the City’s independent judgment and analysis.
Section 5. Development Code Amendment Findings
1. The proposed amendment is consistent with the 2030 General Plan.
The ADU Amendments are consistent with the 2030 General Plan, and more specifically with the adopted 2023 – 2031 Housing Element which contains policies that: a) encourage a variety of housing types, including ADUs (Policy 1.2), b) encourage ADUs in new and existing residential developments (Policy 1.4), and c) Program 1.2 identifies amending the City’s ADU Ordinance to conform to state law (Policy H-1.4.3). The Ordinance is necessary to achieve conformance with state law and remove barriers to the creation of additional housing opportunities as identified in policies in the City’s Housing Element.
2. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare.
The ADU Amendments would not be detrimental to the public interest, health, safety, convenience, or welfare of the city because housing is a matter of statewide concern and this Ordinance will provide for additional housing opportunities in existing neighborhoods.
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ADUs are required to be constructed in conformance with building codes particularly for matters of health and safety; therefore, will not be detrimental.
3. Zoning map amendments shall also find that the affected site is physically suitable, including absence of physical constraints, access, compatibility with adjoining land uses, and provision of utilities, for the requested zoning designation and proposed or anticipated uses and/or development.
This amendment does not include any amendments to the zoning map.
Section 6. The City Council does hereby pass and adopt this Ordinance No. 23-XX.
Section 7. Concord Municipal Code, Title 18, Section 18.200.180 (Accessory Dwelling Units) is hereby amended as set forth in Exhibit A, attached hereto and made a part hereof.
Section 8. This Ordinance shall become effective thirty (30) days following passage and adoption. In the event a summary of said Ordinance is published in lieu of the entire Ordinance, a certified copy of the full text of this Ordinance shall be posted in the office of the City Clerk at least five (5) days prior to its adoption and within fifteen (15) days after its adoption, including the vote of the Councilmembers. Additionally, a summary prepared by the City Attorney’s Office shall be published once at least five (5) days prior to the date of adoption of this Ordinance and once within fifteen (15) days after its passage and adoption, including the vote of the Councilmembers, in the East Bay Times, a newspaper of general circulation in the City of Concord. ____________________________________
Laura M. Hoffmeister
Mayor
ATTEST:
______________________________________
Joelle Fockler, MMC
City Clerk
(Seal)
Ord. No. 23-XX 6
Ordinance No. 23-XX was duly and regularly introduced at a regular meeting of the City Council of the City of Concord held on September 12, 2023, and was thereafter duly and regularly passed and adopted at a regular meeting of the City Council held on September 26, 2023, by the following vote:
AYES: Councilmembers -
NOES: Councilmembers -
ABSTAIN: Councilmembers -
ABSENT: Councilmembers -
I HEREBY CERTIFY that the foregoing is a true and correct copy of an ordinance duly and regularly introduced, passed, and adopted by the City Council of the City of Concord, California.
Joelle Fockler, MMC
City Clerk
Attachments:
Exhibit A: Concord Municipal Code Section 18.200.180 Accessory Dwelling Units
Exhibit A to Attachment 1
18.200.180 Accessory dwelling units.
Where allowed by Division II of this title (Zoning Districts – Uses and Standards), accessory dwelling units shall comply with the requirements of this section.
A. Purpose. The purpose of this section is to comply with California Government Code Sections 65852.2 and 65852.22, which provide for local jurisdictions to set standards for development of accessory dwelling units and junior accessory dwelling units so as to increase the supply of smaller and affordable housing, while ensuring they remain compatible with the existing neighborhood.
B. Definitions. These definitions only apply to this section (Accessory dwelling units) and in the event there is a conflict between this section and other provisions of the Development Code or any provisions of the Concord Municipal Code, these definitions shall prevail. “Accessory dwelling unit” means an attached, interior or detached dwelling unit which shall provide complete independent living facilities for one or more persons, is located on the same lot with a proposed or existing single-family principal dwelling or multifamily principal dwelling, and includes permanent provisions for living, sleeping, eating, cooking, and sanitation. An accessory dwelling unit also includes an efficiency unit and a manufactured home, defined below.
“Architecturally and significant historic district” means one of the officially recognized historic landmarks or council-designated historic districts in the City. “Attached accessory dwelling unit” means an accessory dwelling unit that is physically connected to and shares at least a portion of one wall with an existing or proposed single-family principal dwelling or multifamily principal dwelling.
“Attic” means the unfinished space between the ceiling assembly and the roof assembly. “Basement” means a story that is not a story above grade plane. “Car share vehicle” means a motor vehicle available for short-term rental (less than 30 days), including an option for hourly rental.
“Conversion” means the act of modifying an existing legal building or a portion of an existing legal building from its existing use to an accessory dwelling unit. “Efficiency kitchen” includes a cooking facility with appliances, a food preparation counter, and storage cabinets, which are of reasonable size in relation to the size of the dwelling unit. “Efficiency unit” is a dwelling unit with a maximum floor area of 150 square feet and which shall include an efficiency kitchen and bathroom facilities, as specified pursuant to the California Health and Safety Code Section 17958.1.
“Exempt Accessory Dwelling Unit” is an attached or detached dwelling measuring up to 800 square feet with four-foot side and rear yard setbacks that is not subject to lot coverage, floor area ratio, open space, and other development standards if applying such standards prohibit its construction.
“Existing” means a single-family principal dwelling, accessory structure, or a multifamily principal dwelling structure that was lawfully constructed prior to the receipt of an application of an accessory dwelling unit or junior accessory dwelling unit. “Interior accessory dwelling unit” is an accessory dwelling unit developed within the interior of a proposed or existing single-family principal dwelling (including attached garages) or within an existing accessory structure.
“Junior accessory dwelling unit” is a type of dwelling unit which has a maximum floor area of 500 square feet in size, which shall include an efficiency kitchen (as defined in this subsection), and is contained within an existing or proposed single-family principal dwelling. A junior accessory dwelling unit may include separate sanitation facilities or share sanitation facilities with the existing or proposed single-family principal dwelling. Subject to subsection (D)(6) of this section, junior accessory dwelling units must be constructed entirely within the walls of an existing or proposed single-family principal dwelling or an attached garage. “Living area” means the interior habitable area of a dwelling unit, including basements and attics but not garages and/or any habitable accessory structure. “Manufactured home” means a structure that was constructed on or after June 15, 1976, is transportable in one or more sections, is eight body feet or more in width, or 40 body feet or more in length, in the traveling mode, or when erected on site is 320 or more square feet, is built on a permanent chassis and designed to be used as a single-family principal dwelling with or without a foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems. “Manufactured home” includes any structure that meets all the requirements of this paragraph except the size requirements and with respect to which the manufacturer voluntarily files a certification and complies with the standards established under the Manufactured Housing Construction and Safety Act of 1974. “Multifamily principal dwelling(s)” means the legal structure(s) consisting of two or more attached units, existing at the time an accessory dwelling unit application is received, that was established as the primary use and building(s) on a residential lot, to which the accessory dwelling unit may be established through and subordinate to. “Nonlivable space” means the interior spaces of existing multifamily principal dwelling structures that are not used for livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages.
“Owner” means any person with a legal interest in real property, as shown in the last equalized assessment roll for City taxes, accompanied with a right to occupy said property. For purposes of this section, “owner” shall not mean a tenant or lessee of the real property. “Preapproved accessory dwelling units” means a collection of architectural and building permit- ready plan sets (including structural calculations) for detached accessory dwelling units of varying unit types, architectural designs, and sizes approved and provided by the City and made free to the public.
“Public transit” means a location where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, including, but not limited to, a bus stop or train station.
“Setback, corner-side” means a side lot line of a corner lot that is adjacent to a street, between the front and rear lot lines, and the area between a property line and building or structure, which must be kept clear or open.
“Single-family principal dwelling” means the legal single-family residential dwelling unit that is established or will be established as the primary use and building on a residential lot, to which the accessory dwelling unit may be established through and subordinate to. “Story above grade plane” means any story having its finished floor surface entirely above grade plane, or in which the finished surface of the floor next above is either of the following: (1) more than six feet above grade plane; or (2) more than 12 feet above the finished ground level at any point.
C. General Requirements Applicable to Accessory Dwelling Units.
1. Building Permit Required. Accessory dwelling units and junior accessory dwelling units shall comply with the California Building Code as set forth in CMC Title 15 for dwellings. A building permit application for an accessory dwelling unit or a junior accessory dwelling unit shall be accompanied by the appropriate application fee. The building permit application shall be ministerially processed within 60 days of receipt of a complete application and shall be approved if the proposed unit conforms to the requirements of this section. An incomplete application will be returned with a complete explanation of the deficiencies and additional information that is required to remedy the application. The City shall grant a delay in processing if requested in writing by the applicant. Further, if the building permit application for an accessory dwelling unit or a junior accessory dwelling is submitted with a permit application to create a single-family principal dwelling or multifamily principal dwelling on the lot, the application for the junior accessory dwelling unit or accessory dwelling unit will not be acted upon until the application for the new single-family principal dwelling or multifamily principal dwelling is approved or denied, but thereafter shall be processed within 60 days after approval of the application for the new single-family principal dwelling and approved if it meets the requirements of this section. Occupancy of the junior accessory dwelling unit or accessory dwelling unit shall not be allowed until the city approves occupancy of the single-family principal dwelling.
2. Permanent Foundation. A permanent foundation system in accordance with the Uniform Building Code (UBC) shall be required for all accessory dwelling units.
3. Density. An accessory dwelling unit or junior accessory dwelling unit that conforms to the standards of this section shall not be considered to exceed the allowable density for the lot upon which it is located.
4. Subdivision.
a. No subdivision of land or air rights shall be allowed that would result in the accessory dwelling unit or junior accessory dwelling unit existing on a separate lot from the single-
family principal dwelling or multifamily principal dwelling. An accessory dwelling unit or junior accessory dwelling unit may not be sold independently of the single-family principal dwelling or multifamily principal dwelling but may be leased separately. b. An accessory dwelling unit and a single-family principal dwelling may be owned by multiple owners as tenants in common if the single-family principal dwelling and accessory dwelling unit were developed by a qualified nonprofit, as that term is defined in and pursuant to Government Code Section 65852.26 and the transaction meet the requirements of Government Code Section 65852.26.
5. Short-Term Rentals Prohibited. The accessory dwelling unit or junior accessory dwelling unit shall not be rented for a term of less than 30 days.
6. Zoning Conditions and Building Code Requirements. The City will not deny a building permit application for an accessory dwelling unit because of nonconforming zoning conditions, building code violations, or unpermitted structures on the property that do not present a threat to public health and safety and are not affected by the construction of the accessory dwelling unit.
7. Allowed Use. Accessory dwelling units are allowed in the following zoning districts that allow for single-family or multifamily principal dwelling residential uses.
Zoning District
R (Residential)
NTS (North Todos Santos)
CO (Community Office)
CMX (Commercial Mixed-Use)
NC (Neighborhood Commercial)
DP (Downtown Pedestrian)
DMX (Downtown Mixed-Use)
8. Size. The living area of an accessory dwelling unit shall be at least 150 square feet in size, and shall not exceed the lesser of 50 percent of the floor area of the principal dwelling or:
a. 1,000 square feet on lots with a net area of less than 12,000 square feet, excluding up to 230 total square feet for attached garages or carports. b. 1,200 square feet on lots with a net area of 12,000 square feet or greater, excluding up to 460 total square feet for attached garages or carports.
This limitation will be waived if it limits the size of the accessory dwelling unit to less than 800 square feet.
9. Zoning Development Standards. Accessory dwelling units shall meet all provisions of the zoning district in which they are located and all other applicable provisions of the development code, except where such provisions would conflict with this section 18.200.180.
10. Design. The following standards shall apply to accessory dwelling units except pre- approved accessory dwelling units:
a. Roof Pitch and Form, Colors and Materials. Colors and materials for any accessory dwelling unit shall be consistent with the existing and/or proposed principal dwelling, using at least two of the following three approaches:
i. A minimum of one (1) matching exterior color from the color palette of the principal dwelling
ii. A minimum of two (2) matching exterior materials from the material palette of the principal dwelling
iii. A matching roof slope to that of the dominant roof pitch or form of the principal dwelling.
Alternatively, if the planning division determines that the design does not meet two of the above approaches, a discretionary design and site review process is required. b. Exterior Entrances and Staircases. All attached accessory dwelling units, shall have a separate exterior entrance from the single family principal dwelling that is not located on the same side or facing in the same direction as the entrance for the principal dwelling, or an exterior staircase that is visible from the street or public right-of-way. This requirement shall not apply where the principal dwelling or the topography, fencing, or existing landscaping of the subject property effectively screens the accessory dwelling unit entrance from all street views.
c. Upper Story Windows. Avoid direct line of sight to existing neighboring units by staggering window and door placement.
d. Porches in Front and Corner Side Yard Setbacks. Attached accessory structures (i.e. porches) for exempt accessory dwelling units located in the front or corner side yard setback shall be no more than five percent of the size of the livable area of the exempt ADU up to 40 square feet.
e. Design and Site Review. Accessory dwelling units shall be exempt from design and site review requirements of Chapter 18.415 CDC, except as specified in this subsection (C)(10).
11. Parking. The parking required for an accessory dwelling unit is in addition to the required off-street parking for the single-family or multifamily principal dwelling. a. Parking for Accessory Dwelling Unit. Except as provided in subsection (b) below, one off-street parking space is required per accessory dwelling unit or per bedroom, whichever is less. Off-street parking spaces shall be provided as follows:
i. Parking spaces may be uncovered, tandem, and/or located in the front yard setback if contained within the space of an existing or proposed driveway, unless findings can
be made that such parking is not feasible based upon fire and life safety or topography conditions.
ii. An existing driveway may be widened to accommodate the required parking space(s), provided the expansion does not result in more than 50 percent of the required front setback or yard area (whichever is greater) being paved or covered with impervious surface.
iii. Parking for the accessory dwelling unit may not result in or include additional curb cuts unless specifically permitted pursuant to CDC 18.160.100(A). b. Parking Exemption. Parking for an accessory dwelling unit is not required in any of the following instances:
i. The accessory dwelling unit is located within one-half mile walking distance of public transit.
ii. The accessory dwelling unit is located within a designated architecturally and historically significant historic district.
iii. The accessory dwelling unit is part of the proposed or existing principal dwelling or conversion of an accessory structure.
iv. When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit.
v. When there is a car share vehicle site located within one block of the accessory dwelling unit.
c. Demolished Parking. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit or converted to an accessory dwelling unit, the demolished parking is not required to be replaced.
12. Hillside Development. The living areas of accessory dwelling units proposed on any hillside lot are exempt from the hillside development use permit requirements described in Chapter 18.300 CDC. Other attached or detached areas, buildings or structures proposed as part of an accessory dwelling unit including but not limited to detached or attached garages, sheds or playhouses are not exempt from the hillside development use permit process, when applicable.
13. Creek and Riparian Protection. Accessory dwelling units proposed within creek or riparian areas as defined in Chapter 18.305 CDC shall comply with the development standards in CDC 18.305.040 but are exempt from the design and site review application requirement.
14. Delay of Enforcement of Building Standards.
a. Prior to January 1, 2030, the owner of an accessory dwelling unit that was built before January 1, 2020, may submit an application to the building official requesting that
correction of any violation of building standards be delayed for five years. For purposes of this section, “building standards” refers to those standards enforced by permitting agencies under the authority of Section 17960 of the California Health and Safety Code. b. The building official shall grant the application if the building official determines that enforcement of the building standard is not necessary to protect health and safety. In making this determination, the building official shall consult with the fire marshal. c. No applications pursuant to this section shall be approved on or after January 1, 2030.
However, any delay that was approved by the city before January 1, 2030, shall be valid for the full term of the delay that was approved at the time of the approval of the application.
d. Until January 1, 2030, any notice to correct a violation of a building standard that is issued to the owner of an accessory dwelling unit built before January 1, 2020, shall include a statement that the owner has a right to request a delay in enforcement of the building standard for an accessory dwelling unit pursuant to this section. e. This subsection shall remain in effect until January 1, 2035, and as of that date is repealed.
15. Owner Occupancy.
a. Accessory Dwelling Unit. No owner occupancy is required for accessory dwelling units except for building permit applications received after December 31, 2024, whereby one of the dwellings on the lot must be the bona fide principal dwelling of at least one owner of the lot containing the accessory dwelling unit, as evidenced at the time of approval of the accessory dwelling unit by appropriate documents of title and residency. b. Junior Accessory Dwelling Unit. Unless the property is owned by a governmental agency, land trust, or housing organization, at least one of the dwellings on the lot with a junior accessory dwelling unit must be the bona fide principal residence of at least one owner of the lot, as evidenced at the time of approval of the junior accessory dwelling unit by appropriate documents of title and residency. If the property is owned by a non- living legal entity not identified above, meeting the above bona fide principal residence requirement shall require documentation proving the individual(s) residing in at least one of the dwellings on the lot own and therefore control more than 50 percent of the non- living legal entity.
16. Setbacks.
a. Interior Side and Rear Setbacks. Accessory dwelling units shall provide interior side and rear setbacks of at least four feet.
b. Front and Corner-Side Setbacks. Accessory dwelling units shall comply with the front and corner-side setbacks required for the principal dwelling. In cases where the principal dwelling encroaches into the setback, the accessory dwelling unit may encroach to the same extent as the principal dwelling.
17. Height.
a. Attached Accessory Dwelling Unit. The height of an attached accessory dwelling unit shall not exceed 25 feet or the height limitation that applies to the single-family principal dwelling or multifamily principal dwelling, whichever is lower. However, the accessory dwelling unit may not exceed two stories.
b. Detached Accessory Dwelling Unit. The height of a detached accessory dwelling unit shall not exceed:
i. 16 feet on a lot with an existing or proposed single-family principal dwelling or multifamily principal dwelling. Single-story accessory dwelling units may exceed 16 feet in height when the planning division determines additional height is necessary to provide greater compatibility with the roofline, pitch or architectural style of the principal dwelling, including, but not limited to, features such as gables, shed roofs, and towers; ii. 18 feet on a lot with an existing or proposed single-family principal dwelling or multifamily principal dwelling if the lot is within one-half of one mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in Public Resources Code Section 21155. An additional two feet in height may be permitted to accommodate a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the single-family or multifamily principal dwelling; or iii. 18 feet on a lot with an existing or proposed multifamily, multistory principal dwelling.
iv. No height limit shall apply to the conversion of an existing detached accessory structure to an accessory dwelling unit.
c. Accessory dwelling units located on the second story of an existing or proposed accessory structure may exceed 16 feet in height, provided they maintain interior and corner side setbacks of at least ten feet and meet the height and rear setback standards applicable to the principal dwelling.
18. Exemptions from Design and Development Standards.
a. Accessory dwelling units that meet the standards in subsection (D)(2) do not have to meet the additional development and design standards in the underlying zoning district or in this section 18.200.180 to be permitted.
b. Limits on size based on a percentage of the proposed or existing principal dwelling, lot coverage, floor area ratio, front set back, open space, and size must permit or shall be waived to allow a detached or attached accessory dwelling unit up to 800 square feet in size with four-foot side and rear yards, if the proposed accessory dwelling unit is in compliance with all other development standards.
D. Number and Types of Accessory Dwelling Units. The following types of accessory dwelling units shall be allowed in areas zoned to allow single-family or multifamily principal dwelling
uses or in circumstances with a lawfully constructed single-family or multifamily principal dwelling in other zoning districts, subject to the requirements and standards of this section:
1. Accessory Dwelling Units Subject to Development and Design Standards. One accessory dwelling unit that complies with the development and design standards in subsection (C) shall be permitted on a lot with an existing or proposed single-family or multifamily principal dwelling.
2. Exempt Accessory Dwelling Units. If an accessory dwelling unit does not exist or is not proposed on a lot pursuant to subsection (D)(1) above, the following shall be ministerially permitted on a lot:
a. One interior accessory dwelling unit and one junior accessory dwelling unit per lot with a proposed or existing single-family principal dwelling if all of the following apply:
i. The interior accessory dwelling unit has exterior access separate from the proposed or existing single-family principal dwelling.
ii. The side and rear setbacks of the interior accessory dwelling unit are sufficient for fire and safety.
iii. If developed within an accessory structure, the accessory structure may include an expansion of not more than 150 square feet beyond the same physical dimensions as the existing accessory structure to accommodate ingress and egress. iv. The junior accessory dwelling unit complies with the requirements of subsection (E) below.
b. One detached, new construction accessory dwelling unit and one junior accessory dwelling unit complying with the requirements of subsection (E) per lot with a proposed or existing single-family principal dwelling if the accessory dwelling unit has at least four-foot side and rear yard setbacks; does not exceed 800 square feet in floor area; and does not exceed the allowed height in subsection (C)(18). c. Up to two detached accessory dwelling units on a lot with a proposed or existing multifamily principal dwelling if the accessory dwelling units do not exceed the allowed height in subsection (C)(18) and have at least four-foot side and rear setbacks. d. A lot with an existing multifamily principal dwelling may contain accessory dwelling units converted from portions of the building that are not used as livable space. The number of accessory dwelling units permitted is equivalent to up to 25 percent of the number of existing, legally permitted units in the multifamily principal dwelling, or one, whichever is greater.
E. Junior Accessory Dwelling Unit Development Regulations. a. One junior accessory dwelling units is allowed on lots zoned to allow single-family principal dwellings and is not permitted on a property with a multifamily principal dwelling. A junior accessory dwelling unit shall have a separate exterior entrance from the proposed or existing single-family principal dwelling unit.
b. The junior accessory dwelling unit may, but is not required to, include separate sanitation facilities. Access to a bathroom is required, which may be part of the junior accessory dwelling unit or located in the existing or proposed single-family principal dwelling. If provided as part of the single-family principal dwelling, the junior accessory dwelling unit shall have internal access to the single-family principal dwelling. c. No additional parking is required for junior accessory dwelling units. d. Prior to issuance of a certificate of occupancy for a junior accessory dwelling unit, the owner shall record a covenant in a form prescribed by the city attorney, which shall run with the land and provide for the following:
i. A prohibition on the sale of the junior accessory dwelling unit separate from the sale of the single-family principal dwelling;
ii. A restriction on the size and attributes of the junior accessory dwelling unit consistent with this section;
iii. A prohibition against renting the property for fewer than 30 consecutive calendar days; and
iv. A requirement that either the principal dwelling or the junior accessory dwelling unit be the owner’s bona fide principal residence, unless the owner is a governmental agency, land trust, or housing organization.
A copy of the recorded covenant shall be filed with the community development department prior to issuance of a certificate of occupancy.
G. Appeals. No appeals are permitted. All permits for accessory dwelling units are based on a ministerial review process and evaluation for conformance with this section. All approval or denial determinations are final.
H. Environmental Review. As a ministerial project, an application for an accessory dwelling unit or junior accessory dwelling unit is exempt from environmental review under the California Environmental Quality Act (CEQA).
I. Severability and Savings. If any subsection, sentence, clause, phrase, or portion of this section is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this section, and each subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more subsections, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. In the event that the State Legislature amends any provision of the Planning and Zoning Law or other provision of state law respecting accessory dwelling units or junior accessory dwelling units so as to give rise to a conflict between state law and any provision or provisions of this section, such amendment shall prevail and apply in place of the conflicting provision or provisions hereof, and shall be deemed incorporated herein by this reference as though fully set forth.
Concord Municipal Code
Chapter 18.200.180 ACCESSORY DWELLING UNITS
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18.200.180 Accessory dwelling units.
Where allowed by Division II of this title (Zoning Districts – Uses and Standards), accessory dwelling units shall comply with the requirements of this section.
A. Purpose. The purpose of this section is to comply with California Government Code Sections 65852.2 and 65852.22, which provide for local jurisdictions to set standards for development of accessory dwelling units and junior accessory dwelling units so as to increase the supply of smaller and affordable housing, while ensuring they remain compatible with the existing neighborhood.
B. Definitions. These definitions only apply to this section (Accessory dwelling units) and in the event there is a conflict between this section and other provisions of the Development Code or any provisions of the Concord Municipal Code, these definitions shall prevail. “Accessory dwelling unit” means an attached, interior or detached dwelling unit which shall provide complete independent living facilities for one or more persons, is located on the same lot with a proposed or existing single-family principal dwelling or multifamily principal dwelling, and includes permanent provisions for living, sleeping, eating, cooking, and sanitation. An accessory dwelling unit also includes an efficiency unit and a manufactured home, defined below.
“Architecturally and significant historic district” means one of the officially recognized historic landmarks or council-designated historic districts in the city. “Attached accessory dwelling unit” means an accessory dwelling unit that is physically connected to and shares at least a portion of one wall with an existing or proposed single-family principal dwelling or multifamily principal dwelling.
“Attic” means the unfinished space between the ceiling assembly and the roof assembly. “Basement” means a story that is not a story above grade plane. “Car share vehicle” means a motor vehicle available for short-term rental (less than 30 days), including an option for hourly rental.
“Conversion” means the act of modifying an existing legal building or a portion of an existing legal building from its existing use to an accessory dwelling unit.
Attachment 2
Concord Municipal Code
Chapter 18.200.180 ACCESSORY DWELLING UNITS
“Efficiency kitchen” includes a cooking facility with appliances, a food preparation counter, and storage cabinets, which are of reasonable size in relation to the size of the dwelling unit. “Efficiency unit” is a dwelling unit with a maximum floor area of 150 square feet and which shall include an efficiency kitchen and bathroom facilities, as specified pursuant to the California Health and Safety Code Section 17958.1.
“Exempt Accessory Dwelling Unit” is an attached or detached dwelling measuring up to 800 square feet with four-foot side and rear yard setbacks that is not subject to lot coverage, floor area ratio, open space, and other development standards if applying such standards prohibit its construction.
“Existing” means a single-family principal dwelling, accessory structure, or a multifamily principal dwelling structure that was lawfully constructed prior to the receipt of an application of an accessory dwelling unit or junior accessory dwelling unit. “Interior accessory dwelling unit” is an accessory dwelling unit developed within the interior of a proposed or existing single-family principal dwelling (including attached garages) or within an existing accessory structure.
“Junior accessory dwelling unit” is a type of dwelling unit which has a maximum floor area of 500 square feet in size, which shall include an efficiency kitchen (as defined in this subsection), and is contained within an existing or proposed single-family principal dwelling. A junior accessory dwelling unit may include separate sanitation facilities or share sanitation facilities with the existing or proposed single-family principal dwelling. Subject to subsection (F)(D)(6) of this section, junior accessory dwelling units must be constructed entirely within the walls of thean existing or proposed single-family principal dwelling or an attached garage. “Living area” means the interior habitable area of a dwelling unit, including basements and attics but not garages and/or any habitable accessory structure. “Manufactured home” means a structure that was constructed on or after June 15, 1976, is transportable in one or more sections, is eight body feet or more in width, or 40 body feet or more in length, in the traveling mode, or when erected on site is 320 or more square feet, is built on a permanent chassis and designed to be used as a single-family principal dwelling with or without a foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems. “Manufactured home” includes any structure that meets all the requirements of this paragraph except the size requirements and with respect to which the manufacturer voluntarily files a certification and complies with the standards established under the Manufactured Housing Construction and Safety Act of 1974. “Multifamily principal dwelling(s)” means the legal structure(s) consisting of two or more attached units, existing at the time an accessory dwelling unit application is received, that was established as the primary use and building(s) on a residential lot, to which the accessory dwelling unit may be established through and subordinate to.
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Chapter 18.200.180 ACCESSORY DWELLING UNITS
“Nonlivable space” means the interior spaces of existing multifamily principal dwelling structures that are not used for livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages.
“Owner” means any person with a legal interest in real property, as shown in the last equalized assessment roll for cCity taxes, accompanied with a right to occupy said property. For purposes of this section, “owner” shall not mean a tenant or lessee of the real property. “Preapproved accessory dwelling units” means a collection of architectural and building permit- ready plan sets (including structural calculations) for detached accessory dwelling units of varying unit types, architectural designs, and sizes approved and provided by the cCity and made free to the public.
“Public transit” means a location where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, including, but not limited to, a bus stop or train station.
“Setback, corner-side” means a side lot line of a corner lot that is adjacent to a street, between the front and rear lot lines, and the area between a property line and building or structure, which must be kept clear or open.
“Single-family principal dwelling” means the legal single-family residential dwelling unit that is established or will be established as the primary use and building on a residential lot, to which the accessory dwelling unit may be established through and subordinate to. “Story above grade plane” means any story having its finished floor surface entirely above grade plane, or in which the finished surface of the floor next above is either of the following: (1) more than six feet above grade plane; or (2) more than 12 feet above the finished ground level at any point.
C. General Requirements Applicable to Accessory Dwelling Units.Number and Types of Accessory Dwelling Units. The following types of accessory dwelling units shall be allowed in areas zoned to allow single-family or multifamily dwelling use or in circumstances with a lawfully constructed single-family or multifamily principal dwelling in other zoning districts, subject to the requirements and standards of this section:
1. Building Permit Required. Accessory dwelling units and junior accessory dwelling units shall comply with the California Building Code as set forth in CMC Title 15 for dwellings.
A building permit application for an accessory dwelling unit or a junior accessory dwelling unit shall be accompanied by the appropriate application fee. The building permit application shall be ministerially processed within 60 days of receipt of a complete application and shall be approved if the proposed unit conforms to the requirements of this section. An incomplete application will be returned with an complete explanation of the deficiencies and additional information that is required to remedy the application. The cCity shall grant a delay in processing if requested in writing by the applicant. New Single-Family Principal Dwellings.
Notwithstanding subsection (D)(1) of this section, Further, if athe building permit
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Chapter 18.200.180 ACCESSORY DWELLING UNITS
application is submitted for an junior accessory dwelling unit or a junior accessory dwelling unit in conjunction with a building is submitted with a permit application to create a new single-family principal dwelling or multifamily principal dwelling on the same lot, the application for the junior accessory dwelling unit or accessory dwelling unit shallwill not be acted upon until the application for the new single-family principal dwelling or multifamily principal dwelling is approved or denied, but thereafter shall be processed within 60 days after approval of the application for the new single-family principal dwelling and approved if it meets the requirements of this section. Occupancy of the junior accessory dwelling unit or accessory dwelling unit shall not be allowed until the city approves occupancy of the single- family principal dwelling.Single-Family Principal Dwelling. a. One accessory dwelling unit may be developed per lot. i. A new construction accessory dwelling unit may be attached to or detached from the single-family principal dwelling; or
ii. An accessory dwelling unit may be constructed within the interior of a proposed or existing single-family principal dwelling (including attached garages) or within an existing accessory structure may be developed, if all the following apply:
(A) The unit has exterior access separate from the proposed or existing single- family principal dwelling.
(B) The side and rear setbacks are sufficient for fire and safety. (C) The expansion of the accessory structure for ingress and egress is not more than 150 square feet.
b. One junior accessory dwelling unit in conformance with subsection (F) of this section and one accessory dwelling unit may be developed per lot if:
i. The accessory dwelling unit meets the standards of subsection (C)(a)(ii) of this section; or
ii. The accessory dwelling unit is detached, new construction, and no more than 800 square feet in area, up to 16 feet in height, and with at least four-foot side and rear setbacks.
2. Permanent Foundation. A permanent foundation system in accordance with the Uniform Building Code (UBC) shall be required for all accessory dwelling units.Multifamily Principal Dwelling.
a. Proposed Multifamily Dwelling Structure. At least one accessory dwelling unit that is detached, attached or a conversion of existing space may be permitted on a site with a proposed multifamily principal dwelling.
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Chapter 18.200.180 ACCESSORY DWELLING UNITS
b. Existing Multifamily Dwelling Structure. Accessory dwelling units that meet the following standards may be permitted on a site with an existing multifamily principal dwelling:
i. Accessory dwelling units within the nonlivable spaces of an existing multifamily dwelling structure; provided, that each accessory dwelling unit complies with state building standards for dwellings. At least one accessory dwelling unit shall be allowed within the nonlivable space within an existing multifamily dwelling structure and up to 25 percent of the number of existing multifamily dwelling units within a structure; or
ii. Up to two detached accessory dwelling units per lot that has an existing multifamily dwelling; provided, that the height of the accessory dwelling units does not exceed 16 feet and that four-foot side and rear yard setbacks are maintained.
Where the conversion of the footprint of an existing accessory structure to an accessory dwelling unit is proposed, said height and setback requirements shall not apply as long as the setbacks are sufficient for fire and safety; or iii. One attached accessory dwelling unit; provided, that the height of the accessory dwelling units does not exceed 16 feet and that four-foot side and rear yard setbacks are maintained.
3. Density. An accessory dwelling unit or junior accessory dwelling unit that conforms to the standards of this section shall not be considered to exceed the allowable density for the lot upon which it is located.Accessory Dwelling Units Exempt from Additional Design and Development Regulations.
a. Single-Family Principal Dwelling. An accessory dwelling unit permitted on a lot with a proposed or existing single-family principal dwelling pursuant to subsection (C)(1) of this section is exempt from subsection (E) of this section unless one of the following is true:
i. The new construction accessory dwelling unit is attached to the single-family principal dwelling; or
ii. The detached, new construction accessory dwelling unit is larger than 800 square feet in living area, or taller than 16 feet in height, or with side and rear setbacks less than four feet.
b. Multifamily Principal Dwelling. Accessory dwelling units permitted on a lot with an existing multifamily principal dwelling pursuant to subsections (C)(2)(b)(i) and (ii) of this section are exempt from subsection (E) of this section.
4. Subdivision.
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Chapter 18.200.180 ACCESSORY DWELLING UNITS
a. No subdivision of land or air rights shall be allowed that would result in the accessory dwelling unit or junior accessory dwelling unit existing on a separate lot from the single- family principal dwelling or multifamily principal dwelling. An accessory dwelling unit or junior accessory dwelling unit may not be sold independently of the single-family principal dwelling or multifamily principal dwelling but may be leased separately. b. An accessory dwelling unit and a single-family principal dwelling may be owned by multiple owners as tenants in common if the single-family principal dwelling and accessory dwelling unit were developed by a qualified nonprofit, as that term is defined in and pursuant to Government Code Section 65852.26 and the transaction meet the requirements of Government Code Section 65852.26.
5. Short-Term Rentals Prohibited. The accessory dwelling unit or junior accessory dwelling unit shall not be rented for a term of less than 30 days.
6. Zoning Conditions and Building Code Requirements. The cCity shallwill not deny a building permit application for an accessory dwelling unit because require the correction of nonconforming zoning conditions, building code violations, or unpermitted structures on the property that do not present a threat to public health and safety and are not affected by the construction of the accessory dwelling unit as a condition for ministerial approval.
7. Allowed Use. Accessory dwelling units are allowed in allthe following zoning districts that allow for single-family or multifamily principal dwelling residential uses.
Zoning District
R (Residential)
NTS (North Todos Santos)
CO (Community Office)
CMX (Commercial Mixed-Use)
NC (Neighborhood Commercial)
DP (Downtown Pedestrian)
DMX (Downtown Mixed-Use)
8. Size. The living area of Aan accessory dwelling unit shall be at least 150 square feet in size, and shall not exceed the following lesser of 50 percent of the floor area of the principal dwelling or:
a. One thousand two hundred 1,000 square feet on lots with a net area of lessat or greater than 12,000 square feet in net area, excluding attached garages or carports up to 230460 total square feet for attached garages or carports.
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b. One thousand 1,200 square feet on lots with a net area of less than 12,000 square feet or greater in net area, excluding attached garages or carports up to 460230 total square feet for attached garages or carports.
This limitation will be waived if it limits the size of the accessory dwelling unit to less than 800 square feet.c. No size limitations shall apply if the footprint of an existing accessory structure is converted to an accessory dwelling unit.
9. Zoning Development Standards. The aAccessory dwelling units shall meet all provisions of the zoning district in which it is they are located, including setbacks, height, and parking requirements and all other applicable provisions of the development code, except where such provisions would conflict with as allowed by this section 18.200.180.
10. Design. The following standards shall apply to accessory dwelling units except pre- approved accessory dwelling units:
a. Roof Pitch and Form, Colors and Materials. Colors The exterior appearance of the accessory dwelling unit shall be comparable to the single-family principal dwelling in roof pitch and form, and siding materials for any and colors. Alternatively, if the accessory dwelling shall be consistent with the existing and/or proposed unit exterior appearance is not comparable to the principal dwelling, an administrative design and site review process is required. using at least two of the following three approaches:
i. A minimum of one (1) matching exterior color from the color palette of the principal dwelling
ii. A minimum of two (2) matching exterior materials from the material palette of the principal dwelling
iii. A matching roof slope to that of the dominant roof pitch or form of the principal dwelling.
Alternatively, if the planning division determines that the design does not meet two of the above approaches, a discretionary design and site review process is required. b. Exterior Entrances and Staircases. All attached accessory dwelling units, shall have a separate exterior entrance attached to or within the interior of a from the single-family principal dwelling shall have a separate entrance that is not located on the same side or facing in the same direction as the entrance for the single-family principal dwelling, or an exterior staircase that is visible from the street or public right-of-way. This requirement shall not apply where the principal dwelling or the topography, fencing, or existing landscaping of the subject property effectively screens the accessory dwelling unit entrance from all street views.
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c. Upper Story Second-Story Windows. When an attached second- or third-story accessory dwelling unit in excess of 16 feet is proposed within 10 feet of an interior side or rear property line for the single-family principal dwelling, no new second-story windows shall be placed on the elevation facing that property line unless the accessory dwelling unit is designed with techniques to aAvoid direct line of sight into adjacent properties, including but not limited to a minimum existing neighboring units by staggering window sill height of six feet or opaque glass, unless it can be demonstrated there will be no privacy issues due to the location of the accessory dwelling unit and door placement.
d. Porches in Front and Corner Side Yard Setbacks. Attached accessory structures (i.e. porches) for exempt accessory dwelling units located in the front or corner side yard setback shall be no more than five percent of the size of the livable area of the exempt ADU up to 40 square feet.
de. Design and Site Review. Accessory dwelling units shall be exempt from design and site review requirements as described in of Chapter 18.415 CDC. Accessory dwelling units or structures proposed as part of an accessory dwelling unit including, but not limited to, detached or attached garages, sheds, or playhouses, that do not match the development and design standards in this subsection (E) and do not qualify as an exempt accessory dwelling unit pursuant to subsection (C)(3) of this section are subject to design and site review requirements as described in Chapter 18.415 CDC, except as specified in this subsection (C)(10).
11. Parking. The parking required for an accessory dwelling unit is in addition to the required off-street parking for the single-family or multifamily principal dwelling. a. Parking for Accessory Dwelling Unit. Except as provided in subsection (b) below, Oone off-street parking space is required per accessory dwelling unit or per bedroom, whichever is less. The oOff-street parking spaces shall be provided as follows:
i. The pParking space(s) may be uncovered, may be a tandem space(s), and/or may be located in the front yard setback if contained within the space of an existing or proposed driveway, unless findings can be made that such parking in setback areas or tandem parking is not feasible based upon fire and life safety or topography conditions.
ii. The An existing driveway may be widened to accommodate the required parking space(s), provided the expansion does not result in more than 50 percent of the required front setback or yard area (whichever is greater) being paved or covered with impervious surface.
iii. Parking for the accessory dwelling unit may not result in or include additional curb cuts unless specifically permitted pursuant to CDC 18.160.100(A).
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b. Parking Exemption. Parking for an accessory dwelling unit is not required in any of the following instances:
i. The accessory dwelling unit is located within one-half mile walking distance of public transit.
ii. The accessory dwelling unit is located within a designated architecturally and historically significant historic district.
iii. The accessory dwelling unit is part of the proposed or existing principal dwelling or conversion of an accessory structure.
iv. When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit.
v. When there is a car share vehicle site located within one block of the accessory dwelling unit.
c. Demolished Parking. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit or converted to an accessory dwelling unit, the demolished parking is not required to be replaced.
12. Hillside Development. The living areas of accessory dwelling units proposed on any hillside lot are exempt from the hillside development use permit requirements described in Chapter 18.300 CDC. Other attached or detached areas, buildings or structures proposed as part of an accessory dwelling unit including but not limited to detached or attached garages, sheds or playhouses are not exempt from the hillside development use permit process, when applicable.
13. Creek and Riparian Protection. Accessory dwelling units proposed within creek or riparian areas as defined in Chapter 18.305 CDC shall comply with the development standards in CDC 18.305.040 but are exempt from the design and site review application requirement.
14. Delay of Enforcement of Building Standards.
1a. Prior to January 1, 202530, the owner of an accessory dwelling unit that was built before January 1, 2020, may submit an application to the building official requesting that correction of any violation of building standards be delayed for five years. For purposes of this section, “building standards” refers to those standards enforced by local permitting agencies under the authority of Section 17960 of the California Health and Safety Code. 2b. The building official shall grant the application if the building official determines that enforcement of the building standard is not necessary to protect health and safety. In making this determination, the building official shall consult with the fire marshal.
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Chapter 18.200.180 ACCESSORY DWELLING UNITS
3c. No applications pursuant to this section shall be approved on or after January 1, 202530.
However, any delay that was approved by the city before January 1, 202530, shall be valid for the full term of the delay that was approved at the time of the approval of the application. 4d. Until January 1, 202530, any notice to correct a violation of a building standard that is issued to the owner of an accessory dwelling unit built before January 1, 2020, shall include a statement that the owner has a right to request a delay in enforcement of the building standard for an accessory dwelling unit pursuant to this section. 5e. This subsection shall remain in effect until January 1, 20235, and as of that date is repealed.
15. Owner Occupancy.
a. Accessory Dwelling Unit. No owner occupancy is required for accessory dwelling units except for building permit applications received after December 31, 2024, whereby one of the dwellings on the lot must be the bona fide principal dwelling of at least one owner of the lot containing the accessory dwelling unit, as evidenced at the time of approval of the accessory dwelling unit by appropriate documents of title and residency. b. Junior Accessory Dwelling Unit. Unless the property is owned by a governmental agency, land trust, or housing organization, at least one of the dwellings on the lot with a junior accessory dwelling unit must be the bona fide principal residence of at least one owner of the lot, as evidenced at the time of approval of the junior accessory dwelling unit by appropriate documents of title and residency. If the property is owned by a non-living legal entity not identified above, meeting the above bona fide principal residence requirement shall require documentation proving the individual(s) residing in at least one of the dwellings on the lot own and therefore control more than 50 percent of the non-living legal entity.
16. Setbacks.
a. Setback Requirements by Type of Accessory Dwelling UnitInterior Side and Rear Setbacks. Accessory dwelling units shall provide interior side and rear setbacks of at least four feet.
b. Front and Corner-Side Setbacks. Accessory dwelling units shall comply with the minimum required front and corner-side setbacks required for the single-family principal dwelling, except as modified by this section. In cases where the single-family principal dwelling encroaches into exceeds the minimum required front yard and/or corner-side setback(s), the accessory dwelling unit may encroach to the same extent as the principal dwelling shall not project beyond the front and/or corner-side building plane. An attached or detached accessory dwelling unit with up to 800 square feet of living area, up to 16 feet in height, and with a minimum of four-foot side and rear yard setbacks may be constructed within the front and corner-side setbacks, if an accessory dwelling unit cannot feasibly be constructed elsewhere on the lot.
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Chapter 18.200.180 ACCESSORY DWELLING UNITS
17. Height.
a. Detached Attached Accessory Dwelling Unit. The height of Aan attached accessory dwelling unit associated with a shall not exceed 25 feet or the height limitation that applies to the single-family principal dwelling or multifamily principal dwelling, whichever is lower. However, the accessory dwelling unit may not exceed two stories. shall be no taller than 16 feet in height except in the following circumstances:
i. A single-story detached accessory dwelling unit can exceed the maximum height of 16 feet to match the roofline, style, or pitch of the single-family principal dwelling or multifamily principal dwelling (e.g., gables, shed roofs, towers) to enhance design compatibility.
ii. No height limitations shall apply if the footprint of an existing accessory structure is converted to an accessory dwelling unit.
b. Attached Detached Accessory Dwelling Unit. The height of a detached accessory dwelling unit shall not exceed:
i. An accessory dwelling unit attached to a single-family principal dwelling may occupy any story. The attached accessory dwelling unit cannot exceed 16 feet in height except in the following circumstance:16 feet on a lot with an existing or proposed single-family principal dwelling or multifamily principal dwelling.
Single-story accessory dwelling units may exceed 16 feet in height when the planning division determines additional height is necessary to provide greater compatibility with the roofline, pitch or architectural style of the principal dwelling, including, but not limited to, features such as gables, shed roofs, and towers; (A) If an accessory dwelling unit is attached as a second or third story to the single-family principal dwelling in excess of 16 feet in height, it shall comply with the height and setback standards established for the single-family principal dwelling in the zoning district in which it is located. (B) A single-story accessory dwelling unit can exceed 16 feet in height to match the roofline, style, or pitch of the existing or proposed single-family principal dwelling to enhance design compatibility.
ii. An accessory dwelling unit proposed as a second- or third-story addition with an overall height in excess of 16 feet to an existing or proposed detached accessory structure (e.g., garage) shall be set back at least 10 feet from the side and corner-side property lines, and shall maintain a rear yard setback that is the same as the standards established for the single-family principal dwelling in the zoning district in which it is located.18 feet on a lot with an existing or proposed single-family principal dwelling or multifamily principal dwelling if the lot is within one-half of one mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in Public Resources Code Section 21155. An additional two feet in height
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may be permitted to accommodate a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the single-family or multifamily principal dwelling; or iii. 18 feet on a lot with an existing or proposed multifamily, multistory principal dwelling.
iv. No height limit shall apply to the conversion of an existing detached accessory structure to an accessory dwelling unit.
c. Accessory dwelling units located on the second story of an existing or proposed accessory structure may exceed 16 feet in height, provided they maintain interior and corner side setbacks of at least ten feet and meet the height and rear setback standards applicable to the principal dwelling.
18. Exemptions from Design and Development Standards.
a. Accessory dwelling units that meet the standards in subsection (D)(2) do not have to meet the additional development and design standards in the underlying zoning district or in this section 18.200.180 to be permitted.
b. Limits on size based on a percentage of the proposed or existing principal dwelling, lot coverage, floor area ratio, front set back, open space, and size must permit or shall be waived to allow a detached or attached accessory dwelling unit up to 800 square feet in size with four-foot side and rear yards, if the proposed accessory dwelling unit is in compliance with all other development standards.
D. General Requirements.Number and Types of Accessory Dwelling Units. The following types of accessory dwelling units shall be allowed in areas zoned to allow single-family or multifamily principal dwelling uses or in circumstances with a lawfully constructed single-family or multifamily principal dwelling in other zoning districts, subject to the requirements and standards of this section:
1. Building Permit Required. Accessory dwelling units and junior accessory dwelling units shall comply with the California Building Code as set forth in CMC Title 15 for dwellings. A building permit application for an accessory dwelling unit or a junior accessory dwelling unit shall be accompanied by the appropriate application fee. The building permit application shall be ministerially processed within 60 days of receipt of a complete application and shall be approved if the proposed unit conforms to the requirements of this section. An incomplete application will be returned with an explanation of the additional information that is required. The city shall grant a delay in processing if requested in writing by the applicant. Accessory Dwelling Units Subject to Development and Design Standards. One accessory dwelling unit that complies with the development and design standards in subsection (C) shall be permitted on a lot with an existing or proposed single-family or multifamily principal dwelling.
2. New Single-Family Principal Dwellings. Notwithstanding subsection (D)(1) of this section, if a building permit application is submitted for a junior accessory dwelling unit or accessory
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dwelling unit in conjunction with a building permit application to create a new single-family principal dwelling on the same lot, the application for the junior accessory dwelling unit or accessory dwelling unit shall not be acted upon until the application for the new single-family principal dwelling is approved, but thereafter shall be processed within 60 days after approval of the application for the new single-family principal dwelling and approved if it meets the requirements of this section. Occupancy of the junior accessory dwelling unit or accessory dwelling unit shall not be allowed until the city approves occupancy of the single-family principal dwelling.Exempt Accessory Dwelling Units. If an accessory dwelling unit does not exist or is not proposed on a lot pursuant to subsection (D)(1) above, the following shall be ministerially permitted on a lot:
a. One interior accessory dwelling unit and one junior accessory dwelling unit per lot with a proposed or existing single-family principal dwelling if all of the following apply:
i. The interior accessory dwelling unit has exterior access separate from the proposed or existing single-family principal dwelling.
ii. The side and rear setbacks of the interior accessory dwelling unit are sufficient for fire and safety.
iii. If developed within an accessory structure, the accessory structure may include an expansion of not more than 150 square feet beyond the same physical dimensions as the existing accessory structure to accommodate ingress and egress. iv. The junior accessory dwelling unit complies with the requirements of subsection (E) below.
b. One detached, new construction accessory dwelling unit and one junior accessory dwelling unit complying with the requirements of subsection (E) per lot with a proposed or existing single-family principal dwelling if the accessory dwelling unit has at least four-foot side and rear yard setbacks; does not exceed 800 square feet in floor area; and does not exceed the allowed height in subsection (C)(18). c. Up to two detached accessory dwelling units on a lot with a proposed or existing multifamily principal dwelling if the accessory dwelling units do not exceed the allowed height in subsection (C)(18) and have at least four-foot side and rear setbacks. d. A lot with an existing multifamily principal dwelling may contain accessory dwelling units converted from portions of the building that are not used as livable space. The number of accessory dwelling units permitted is equivalent to up to 25 percent of the number of existing, legally permitted units in the multifamily principal dwelling, or one, whichever is greater.
3. Permanent Foundation. A permanent foundation system in accordance with the Uniform Building Code (UBC) shall be required for all accessory dwelling units.
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4. Density. An accessory dwelling unit or junior accessory dwelling unit that conforms to the standards of this section shall not be considered to exceed the allowable density for the lot upon which it is located.
5. Subdivision. No subdivision of land or air rights shall be allowed that would result in the accessory dwelling unit or junior accessory dwelling unit existing on a separate lot from the single-family principal dwelling or multifamily principal dwelling. An accessory dwelling unit or junior accessory dwelling unit may not be sold independently of the single-family principal dwelling or multifamily principal dwelling but may be leased separately.
6. Owner Occupancy.
a. Accessory Dwelling Unit. No owner occupancy is required for accessory dwelling units except for building permit applications received after December 31, 2024, whereby one of the dwellings on the lot must be the bona fide principal dwelling of at least one owner of the lot containing the accessory dwelling unit, as evidenced at the time of approval of the accessory dwelling unit by appropriate documents of title and residency. b. Junior Accessory Dwelling Unit. Unless the property is owned by a governmental agency, land trust, or housing organization, one of the dwellings on the lot with a junior accessory dwelling unit must be the bona fide principal residence of at least one owner of the lot, as evidenced at the time of approval of the junior accessory dwelling unit by appropriate documents of title and residency.
7. Short-Term Rentals Prohibited. The accessory dwelling unit or junior accessory dwelling unit shall not be rented for a term of less than 30 days.
8. Zoning Conditions. The city shall not require the correction of nonconforming zoning conditions as a condition for ministerial approval.
E. Accessory Dwelling Unit Development Regulations.
1. Allowed Use. Accessory dwelling units are allowed in all zoning districts that allow for single-family or multifamily dwelling residential uses.
Zoning District
R (Residential)
NTS (North Todos Santos)
CO (Community Office)
CMX (Commercial Mixed-Use)
NC (Neighborhood Commercial)
DP (Downtown Pedestrian)
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DMX (Downtown Mixed-Use)
2. Size. An accessory dwelling unit shall be at least 150 square feet in size, and shall not exceed the following:
a. One thousand two hundred square feet on lots at or greater than 12,000 square feet in net area, excluding attached garages or carports up to 460 square feet. b. One thousand square feet on lots less than 12,000 square feet in net area, excluding attached garages or carports up to 230 square feet.
c. No size limitations shall apply if the footprint of an existing accessory structure is converted to an accessory dwelling unit.
3. Zoning Development Standards. The accessory dwelling unit shall meet all provisions of the zoning district in which it is located, including setbacks, height, and parking requirements and other applicable provisions of the development code, except as allowed by this section.
4. Setbacks.
a. Setback Requirements by Type of Accessory Dwelling Unit.
Type of accessory dwelling unit Required setback
Conversion of existing space within a single-family
principal dwelling or nonlivable space within a
multifamily principal dwelling
No additional setback, but distance must
be sufficient for fire and safety.
Conversion of existing accessory structure or garage
(single-family or multifamily principal dwelling)
No additional setback, but distance must
be sufficient for fire and safety.
New addition to an existing single-family principal
dwelling
Four-foot interior side and rear setback.
Conversion of existing nonlivable space (multifamily
principal dwelling)
No additional setback, but distance must
be sufficient for fire and safety.
New detached building (single-family or multifamily
principal dwelling)
Four-foot interior side and rear setback.
b. Front and Corner-Side Setbacks. Accessory dwelling units shall comply with the minimum required front and corner-side setbacks required for the single-family principal dwelling, except as modified by this section. In cases where the single-family principal dwelling exceeds the minimum required front yard and/or corner-side setback(s), the accessory dwelling unit shall not project beyond the front and/or corner-side building plane. An attached or detached accessory dwelling unit with up to 800 square feet of
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living area, up to 16 feet in height, and with a minimum of four-foot side and rear yard setbacks may be constructed within the front and corner-side setbacks, if an accessory dwelling unit cannot feasibly be constructed elsewhere on the lot.
5. Lot Coverage. Accessory dwelling units shall meet the lot coverage requirement of the zoning district in which they are locate; provided, that no limit on lot coverage, floor area ratio, open space, or size shall prevent the construction of an attached or detached accessory dwelling unit with up to 800 square feet of living area, up to 16 feet in height, and with a minimum of four-foot side and rear yard setbacks. In cases where lot coverage has been maximized or exceeded by the construction of an accessory dwelling unit, an additional accessory structure or an accessory structure associated with an accessory dwelling shall meet the lot coverage requirements of the zoning district.
6. Height.
a. Detached Accessory Dwelling Unit. An accessory dwelling unit associated with a single-family or multifamily principal dwelling shall be no taller than 16 feet in height except in the following circumstances:
i. A single-story detached accessory dwelling unit can exceed the maximum height of 16 feet to match the roofline, style, or pitch of the single-family principal dwelling or multifamily principal dwelling (e.g., gables, shed roofs, towers) to enhance design compatibility.
ii. No height limitations shall apply if the footprint of an existing accessory structure is converted to an accessory dwelling unit.
b. Attached Accessory Dwelling Unit.
i. An accessory dwelling unit attached to a single-family principal dwelling may occupy any story. The attached accessory dwelling unit cannot exceed 16 feet in height except in the following circumstance:
(A) If an accessory dwelling unit is attached as a second or third story to the single-family principal dwelling in excess of 16 feet in height, it shall comply with the height and setback standards established for the single-family principal dwelling in the zoning district in which it is located. (B) A single-story accessory dwelling unit can exceed 16 feet in height to match the roofline, style, or pitch of the existing or proposed single-family principal dwelling to enhance design compatibility.
ii. An accessory dwelling unit proposed as a second- or third-story addition with an overall height in excess of 16 feet to an existing or proposed detached accessory structure (e.g., garage) shall be set back at least 10 feet from the side and corner-side property lines, and shall maintain a rear yard setback that is the same as the standards
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Chapter 18.200.180 ACCESSORY DWELLING UNITS
established for the single-family principal dwelling in the zoning district in which it is located.
7. Access. An accessory dwelling unit shall have a separate entrance from the single-family principal dwelling and from the multifamily principal dwellings.
8. Design. The following standards shall apply to accessory dwelling units except pre- approved accessory dwelling units:
a. Colors and Materials. The exterior appearance of the accessory dwelling unit shall be comparable to the single-family principal dwelling in roof pitch and form, and siding materials and colors. Alternatively, if the accessory dwelling unit exterior appearance is not comparable to the principal dwelling, an administrative design and site review process is required.
b. Entrance. All accessory dwelling units attached to or within the interior of a single- family principal dwelling shall have a separate entrance that is not located on the same side or facing in the same direction as the entrance for the single-family principal dwelling or an exterior staircase that is visible from the street or public right-of-way.
This requirement shall not apply where the principal dwelling or the topography, fencing, or landscaping of the subject property effectively screens the accessory dwelling unit entrance from all street views.
c. Second-Story Windows. When an attached second- or third-story accessory dwelling unit in excess of 16 feet is proposed within 10 feet of an interior side or rear property line for the single-family principal dwelling, no new second-story windows shall be placed on the elevation facing that property line unless the accessory dwelling unit is designed with techniques to avoid direct line of sight into adjacent properties, including but not limited to a minimum window sill height of six feet or opaque glass, unless it can be demonstrated there will be no privacy issues due to the location of the accessory dwelling unit.
d. Design and Site Review. Accessory dwelling units shall be exempt from design and site review requirements as described in Chapter 18.415 CDC. Accessory dwelling units or structures proposed as part of an accessory dwelling unit including, but not limited to, detached or attached garages, sheds, or playhouses, that do not match the development and design standards in this subsection (E) and do not qualify as an exempt accessory dwelling unit pursuant to subsection (C)(3) of this section are subject to design and site review requirements as described in Chapter 18.415 CDC.
9. Parking. The parking required for an accessory dwelling unit is in addition to the required off-street parking for the single-family or multifamily principal dwelling. a. Parking for Accessory Dwelling Unit. One off-street parking space is required per accessory dwelling unit or per bedroom, whichever is less. The off-street parking space shall be provided as follows:
Concord Municipal Code
Chapter 18.200.180 ACCESSORY DWELLING UNITS
i. The parking space(s) may be uncovered, may be a tandem space(s), and may be located in the front yard setback if contained within the space of an existing or proposed driveway, unless findings can be made that parking in setback areas or tandem parking is not feasible based upon fire and life safety or topography conditions.
ii. The existing driveway may be widened to accommodate the required parking space(s), provided the expansion does not result in more than 50 percent of the required front setback or yard area (whichever is greater) being paved or covered with impervious surface.
iii. Parking for the accessory dwelling unit may not result in or include additional curb cuts unless specifically permitted pursuant to CDC 18.160.100(A). b. Parking Exemption. Parking for an accessory dwelling unit is not required in any of the following instances:
i. The accessory dwelling unit is located within one-half mile walking distance of public transit.
ii. The accessory dwelling unit is located within a designated architecturally and historically significant historic district.
iii. The accessory dwelling unit is part of the proposed or existing primary residence or an accessory structure.
iv. When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit.
v. When there is a car share vehicle site located within one block of the accessory dwelling unit.
c. Demolished Parking. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit or converted to an accessory dwelling unit, the demolished parking is not required to be replaced.
F. Junior Accessory Dwelling Unit Development Regulations.
1. A junior accessory dwelling unit shall have a separate exterior entrance from the proposed or existing single-family principal dwelling unit.
2. The junior accessory dwelling unit may, but is not required to, include separate sanitation facilities. Access to a bathroom is required, which may be part of the junior accessory dwelling unit or located in the existing or proposed single-family principal dwelling. If provided as part of the single-family principal dwelling, the junior accessory dwelling unit shall have internal access to the single-family principal dwelling.
Concord Municipal Code
Chapter 18.200.180 ACCESSORY DWELLING UNITS
3. No additional parking is required for junior accessory dwelling units.
4. Prior to issuance of a certificate of occupancy for a junior accessory dwelling unit, the owner shall record a covenant in a form prescribed by the city attorney, which shall run with the land and provide for the following:
a. A prohibition on the sale of the junior accessory dwelling unit separate from the sale of the single-family principal dwelling; One junior accessory dwelling units is allowed on lots zoned to allow single-family principal dwellings and is not permitted on a property with a multifamily principal dwelling. A junior accessory dwelling unit shall have a separate exterior entrance from the proposed or existing single-family principal dwelling unit. b. A restriction on the size and attributes of the junior accessory dwelling unit consistent with this section; The junior accessory dwelling unit may, but is not required to, include separate sanitation facilities. Access to a bathroom is required, which may be part of the junior accessory dwelling unit or located in the existing or proposed single-family principal dwelling. If provided as part of the single-family principal dwelling, the junior accessory dwelling unit shall have internal access to the single-family principal dwelling. c. A prohibition against renting the property for fewer than 30 consecutive calendar days; and No additional parking is required for junior accessory dwelling units. d. A requirement that either the primary residence or the junior accessory dwelling unit be the owner’s bona fide principal residence, unless the owner is a governmental agency, land trust, or housing organization. Prior to issuance of a certificate of occupancy for a junior accessory dwelling unit, the owner shall record a covenant in a form prescribed by the city attorney, which shall run with the land and provide for the following:
i. A prohibition on the sale of the junior accessory dwelling unit separate from the sale of the single-family principal dwelling;
ii. A restriction on the size and attributes of the junior accessory dwelling unit consistent with this section;
iii. A prohibition against renting the property for fewer than 30 consecutive calendar days; and
iv. A requirement that either the principal dwelling or the junior accessory dwelling unit be the owner’s bona fide principal residence, unless the owner is a governmental agency, land trust, or housing organization.
A copy of the recorded covenant shall be filed with the community development department prior to issuance of a certificate of occupancy.
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Chapter 18.200.180 ACCESSORY DWELLING UNITS
G. Miscellaneous. Appeals. No appeals are permitted. All permits for accessory dwelling units are based on a ministerial review process and evaluation for conformance with this section. All approval or denial determinations are final.
1. Hillside Development. The living areas of accessory dwelling units proposed on any hillside lot are exempt from the hillside development use permit requirements described in Chapter 18.300 CDC. Other attached or detached areas, buildings or structures proposed as part of an accessory dwelling unit including but not limited to detached or attached garages, sheds or playhouses are not exempt from the hillside development use permit process, when applicable.
2. Environmental Review. As a ministerial project, an application for an accessory dwelling unit is exempt from environmental review under the California Environmental Quality Act (CEQA).
3. Creek and Riparian Protection. Accessory dwelling units proposed within creek or riparian areas as defined in Chapter 18.305 CDC shall comply with the development standards in CDC 18.305.040 but are exempt from the design and site review application requirement.
H. Delay of Enforcement of Building Standards. Environmental Review. As a ministerial project, an application for an accessory dwelling unit or junior accessory dwelling unit is exempt from environmental review under the California Environmental Quality Act (CEQA).
1. Prior to January 1, 2025, the owner of an accessory dwelling unit that was built before January 1, 2020, may submit an application to the building official requesting that correction of any violation of building standards be delayed for five years. For purposes of this section, “building standards” refers to those standards enforced by local agencies under the authority of Section 17960 of the California Health and Safety Code.
2. The building official shall grant the application if the building official determines that enforcement of the building standard is not necessary to protect health and safety. In making this determination, the building official shall consult with the fire marshal.
3. No applications pursuant to this section shall be approved on or after January 1, 2025.
However, any delay that was approved by the city before January 1, 2025, shall be valid for the full term of the delay that was approved at the time of the approval of the application.
4. Until January 1, 2025, any notice to correct a violation of a building standard that is issued to the owner of an accessory dwelling unit built before January 1, 2020, shall include a statement that the owner has a right to request a delay in enforcement of the building standard for an accessory dwelling unit pursuant to this section.
5. This subsection shall remain in effect until January 1, 2025, and as of that date is repealed.
I. Appeals. No appeals are permitted. All permits for accessory dwelling units are based on a ministerial review process and evaluation for conformance with this section. All approval or
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Chapter 18.200.180 ACCESSORY DWELLING UNITS
denial determinations are final.J. Severability and Savings. If any subsection, sentence, clause, phrase, or portion of this section is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this section, and each subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more subsections, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. In the event that the State Legislature amends any provision of the Planning and Zoning Law or other provision of state law respecting accessory dwelling units or junior accessory dwelling units so as to give rise to a conflict between state law and any provision or provisions of this section, such amendment shall prevail and apply in place of the conflicting provision or provisions hereof, and shall be deemed incorporated herein by this reference as though fully set forth. [Ord. 21-2 § 5 (Exh. A); Ord. 18-1 § 1 (Exh. C); Ord. 17-2 § 2 (Exh. A)].
California-2021-SB897-Amended
file:///L/...ivision/Planning/Resolutions/2023/Planning%20Commission/23-12PC%20ADU%20Ordinance%20Update%20-%20Att%20B.html[7/25/2023 2:21:19 PM] SENATE BILL NO. 897
AMENDED IN ASSEMBLY JUNE 30, 2022
AMENDED IN ASSEMBLY JUNE 20, 2022
AMENDED IN ASSEMBLY JUNE 16, 2022
AMENDED IN SENATE MAY 19, 2022
AMENDED IN SENATE APRIL 18, 2022
AMENDED IN SENATE MARCH 14, 2022
CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION
Introduced by Senator Wieckowski
February 01, 2022
An act to amend Section 65852.22 of, to add Section 65852.23 to, and to repeal and amend Section 65852.2 of, the Government Code, and to amend Section 17980.12 of the Health and Safety Code, relating to land use.
LEGISLATIVE COUNSEL'S DIGEST
SB 897, as amended, Wieckowski. Accessory dwelling units: junior accessory dwelling units. (1) Existing law, the Planning and Zoning Law, authorizes a local agency, by ordinance or ministerial approval, to provide for the creation of accessory dwelling units in areas zoned for residential use, as specified. Existing law authorizes a local agency to impose standards on accessory dwelling units that include, but are not limited to, parking, height, setback, landscape, architectural review, and maximum size of a unit.
This bill would require that the standards imposed on accessory dwelling units be objective. For purposes of this requirement, the bill would define “objective standard” as a standard that involves no personal or subjective judgment by a public official and is uniformly verifiable, as specified. The bill would also prohibit a local agency from denying an application for a permit to create an
accessory dwelling unit due to
the correction of nonconforming zoning conditions
conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the accessory dwelling unit.
This bill would require a local agency to review and issue a demolition permit for a detached garage that is to be replaced by an accessory dwelling unit at the same time as it reviews and issues the permit for the accessory dwelling unit. The bill would prohibit an applicant from being required to provide written notice or post a placard for the demolition of a detached garage that is to be replaced
by an accessory dwelling unit, as specified.
Existing law provides that an accessory dwelling unit may either be an attached or detached residential dwelling unit,
and prescribes the minimum and maximum unit size requirements, height limitations, and setback requirements that a local agency may establish, including a 16-foot height limitation and a 4-foot side and rear setback requirement.
This bill would increase the maximum height limitation that may be imposed by a local agency on an accessory dwelling unit to 25
18 feet if the accessory dwelling unit is within 1/2 mile walking distance of a major transit stop or a high-quality transit corridor, as those terms
are defined, or if the accessory dwelling unit is attached to a primary ATTACHMENT 3
California-2021-SB897-Amended
file:///L/...ivision/Planning/Resolutions/2023/Planning%20Commission/23-12PC%20ADU%20Ordinance%20Update%20-%20Att%20B.html[7/25/2023 2:21:19 PM] dwelling, as specified. detached and on a lot that has an existing multifamily, multistory dwelling, as specified. The bill would increase the maximum height limitation that may be imposed by a local agency on an accessory dwelling unit to 25 feet if the accessory dwelling unit is attached to a primary dwelling.
Existing law requires an ordinance that provides for the creation of an accessory dwelling unit to require accessory dwelling units to comply with local building code requirements that apply to detached dwellings, as appropriate.
Existing law also prohibits an ordinance from requiring an accessory dwelling unit to provide fire sprinklers if they are not required for
the primary residence.
This
bill would provide that the construction of an accessory dwelling unit does not constitute a Group R occupancy change under the local building code, except as specified. The bill would also prohibit the construction of an accessory dwelling unit from triggering a requirement that fire sprinklers be installed in the proposed or existing primary dwelling.
Existing law provides that a local agency shall ministerially approve an application for a building permit within a residential or mixed-use zone to create not more than 2 accessory dwelling units that are located on a lot that has an existing multifamily dwelling, but are
detached
from that multifamily dwelling and are subject to a height limitation of 16 feet and a 4-foot side and rear setback requirement.
This bill would change the height limitation applicable to an accessory dwelling unit subject to ministerial approval to 25 18 feet if the accessory dwelling unit is within 1/2 mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined, or if the accessory dwelling unit is attached to a primary dwelling, detached and on a lot
that has an existing multifamily, multistory dwelling, as specified. The bill would change the height limitation applicable to an accessory dwelling unit subject to ministerial approval to 25 feet if the accessory dwelling unit is attached to a primary dwelling. The bill, if the existing multifamily dwelling exceeds applicable height requirements or has a rear or side setback of less than 4 feet, would prohibit a local agency from requiring any modification to the existing multifamily dwelling to satisfy these requirements. The bill would prohibit a local agency from rejecting an application for an accessory dwelling unit because the existing multifamily dwelling exceeds applicable height requirements or has a rear or side setback of less than 4 feet.
Existing law prohibits a local agency from imposing
parking standards on certain accessory dwelling units, including those that are located within 1/2-mile walking distance of public transit.
This bill would require a local agency, when a permit application for an accessory dwelling unit is submitted with a permit application to create new multifamily dwelling units, to reduce the number of required parking spaces for the multifamily dwelling by 2 parking spaces for each accessory dwelling unit located on the lot. also prohibit a local agency from imposing any parking standards on an accessory dwelling unit that is included in an application to create a new single-family dwelling unit or a new multifamily dwelling on the same lot, provided that the accessory
dwelling
unit meets other specified requirements.
(2)
Existing law also provides for the creation of junior accessory dwelling units by local ordinance, or, if a local agency has not adopted an ordinance, by ministerial approval, in accordance with specified standards and conditions. Existing law requires an ordinance that provides for the creation of a junior accessory dwelling unit to, among other things, (A) require that the unit be constructed within the walls of the proposed or existing single-family residence, (B) require that the unit include a separate entrance from the main entrance to the proposed or existing single-family residence, and (C) require owner-occupancy in the single-family residence in which the junior accessory dwelling unit is permitted.
This bill would specify that enclosed uses within the proposed or existing single-family residence, such as
attached
garages, are considered a part of the proposed or existing single-family residence. The bill would require a junior accessory dwelling unit that does not include a separate bathroom to include a separate entrance from the main entrance to the structure, with an interior entry to the main living area. The bill would also prohibit a local agency from denying an application for a permit to create a junior accessory dwelling unit due to the correction of nonconforming zoning conditions
conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and
are not affected by the construction of the junior accessory dwelling unit.
California-2021-SB897-Amended
file:///L/...ivision/Planning/Resolutions/2023/Planning%20Commission/23-12PC%20ADU%20Ordinance%20Update%20-%20Att%20B.html[7/25/2023 2:21:19 PM] (3) Existing law requires a local agency, in enforcing building standards applicable to accessory dwelling units, to delay enforcement for up to 5 years upon the owner submitting an application requesting the delay on the basis that correcting the violation is not necessary to protect health and safety.
This bill would extend that delay in enforcement to the building standards applicable to the primary dwelling of the accessory dwelling unit, provided that correcting the violation is not necessary to protect health and safety.
This bill would prohibit a local agency from denying a permit for an unpermitted accessory dwelling unit that was constructed
before January 1, 2018, because,
among other things, the unit is in violation of building standards or state or local standards applicable to accessory dwelling units, unless the local agency makes a finding that correcting the violation is necessary to protect the health and safety of the public or occupants of the structure. This bill would specify that this prohibition does not apply to a building that is deemed substandard under specified provisions of law. (4)
Existing law requires the Department of Housing and Community Development to administer various programs intended to promote the development of housing, including the Multifamily Housing Program, pursuant to which the department provides financial assistance in the form of deferred payment loans to pay for the eligible costs of development for specified activities.
This bill would state the intent of the Legislature that accessory dwelling unit grant programs provide funding for
predevelopment costs and facilitate accountability and oversight, as specified. (5)
By imposing new duties on local governments with respect to the approval of accessory dwelling units and junior accessory dwelling units, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Digest Key
Vote: majority Appropriation: no Fiscal Committee: yes Local Program: yes Bill Text
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS
FOLLOWS:
SECTION 1. It is the intent of the Legislature to ensure that grant programs that fund the construction and maintenance of accessory dwelling units undertake both of the following:
(a)
Provide funding for predevelopment costs, such as development of plans and permitting of accessory dwelling units. (b)
Facilitate accountability and oversight, including annual reporting on outcomes to the Legislature.
SEC. 2. Section 65852.2 of the Government Code, as amended by Section 1 of Chapter 343 of the Statutes of 2021, is amended to read:
65852.2. (a) (1) A local agency may, by ordinance, provide for the creation of accessory dwelling units in areas zoned to allow single-family or multifamily dwelling residential use. The ordinance shall do all of the following:
California-2021-SB897-Amended
file:///L/...ivision/Planning/Resolutions/2023/Planning%20Commission/23-12PC%20ADU%20Ordinance%20Update%20-%20Att%20B.html[7/25/2023 2:21:19 PM] (A) Designate areas within the jurisdiction of the local agency where accessory dwelling units may be permitted.
The designation of areas may be based on the adequacy
of water and sewer services and the impact of accessory dwelling units on traffic flow and public safety. A local agency that does not provide water or sewer services shall consult with the local water or sewer service provider regarding the adequacy of water and sewer services before designating
an area where accessory dwelling units may be permitted. (B)
(i)
Impose objective standards on accessory dwelling units that include, but are not limited to, parking, height, setback, landscape, architectural review, maximum size of a unit, and standards that prevent adverse impacts on any real property that is listed in the California Register of Historical Resources. These standards shall not include requirements on minimum lot size.
(ii)
Notwithstanding clause (i), a local agency may reduce or eliminate parking requirements for any accessory dwelling unit located within its jurisdiction.
(C)
Provide that accessory dwelling units do not exceed the allowable density for the lot upon which the accessory dwelling unit is located, and that accessory dwelling units are a residential use that is consistent with the existing general plan and zoning designation for the lot. (D)
Require the accessory dwelling units to comply with all of the following:
(i)
Except as provided in Section 65852.26, the accessory dwelling unit may be rented separate from the primary residence, but may not be sold or otherwise conveyed separate from the primary residence. (ii)
The lot is zoned to allow single-family or multifamily dwelling residential use and includes a proposed or existing dwelling.
(iii)
The
accessory dwelling unit is either attached to, or located within, the proposed or existing
primary
dwelling, including attached garages, storage areas or similar uses, or an accessory structure or detached from the proposed or existing primary dwelling and located on the same lot as the proposed or existing primary dwelling.
(iv)
If there is an existing primary dwelling, the total floor area of an attached accessory dwelling unit shall not exceed 50 percent of the existing primary dwelling. (v)
The total floor area for a detached accessory dwelling unit shall not exceed 1,200 square feet. (vi)
No passageway shall be required in conjunction with the construction of an accessory dwelling unit. (vii)
No setback shall be required for an existing living area or accessory structure or a structure constructed in the same location and to the same dimensions as an existing structure that is converted to an accessory dwelling unit or to a portion of an accessory dwelling unit, and a setback of no more than four feet from the side and rear lot lines shall be required for an accessory
dwelling unit that is not converted from an existing
structure or a new structure constructed in the same location and to the same dimensions as an existing structure.
(viii)
Local building code requirements that apply to detached dwellings, except that the construction of an accessory dwelling unit shall not constitute a Group R occupancy change under the local building code, as described in Section 310 of the California Building Code (Title 24 of the California Code of Regulations).
Nothing in this clause shall be interpreted to prevent a local agency from changing the occupancy code of a space that was only permitted for nonresidential use and was subsequently converted into a residential use pursuant to this section.
(ix)
Approval by the local health officer where a private sewage disposal system is being used, if required. (x)
(I)
Parking
requirements for accessory dwelling units shall not exceed one parking space per accessoryPage 48 of 67 California-2021-SB897-Amended
file:///L/...ivision/Planning/Resolutions/2023/Planning%20Commission/23-12PC%20ADU%20Ordinance%20Update%20-%20Att%20B.html[7/25/2023 2:21:19 PM] dwelling unit or per bedroom, whichever is less. These spaces may be provided as tandem parking on a driveway.
(II)
Off
street parking shall be permitted in setback areas in locations determined by the local agency or through tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions. (III)
This clause shall not apply to an accessory dwelling unit that is described in subdivision (d).
(xi)
When
a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit or converted to an accessory dwelling unit, the local agency shall not require that those offstreet parking spaces be replaced.
(xii)
Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary residence. The construction of an accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in the proposed or existing primary dwelling. (2)
The ordinance shall not be considered in the application of
any local ordinance, policy, or program to limit
residential growth.
(3)
A permit application for an accessory dwelling unit or a junior accessory dwelling unit shall be considered and approved ministerially without discretionary review or a hearing, notwithstanding Section 65901 or 65906 or any local ordinance regulating the issuance of variances or special use permits. The permitting agency shall either approve or deny the application to create an accessory dwelling unit or a junior accessory dwelling unit within 60 days from the date the local agency receives a completed application if there is an existing single-family or multifamily dwelling on the lot. If the permit application to create an accessory dwelling unit or a junior accessory dwelling unit is submitted with a permit application to create a new single-family or
multifamily dwelling on the lot, the permitting
agency may delay approving or denying the permit application for the accessory dwelling unit or the junior accessory dwelling unit until the permitting agency approves or denies on the permit application to create the new single-family dwelling, but the application to create the accessory dwelling unit or junior accessory dwelling unit shall be considered without discretionary review or hearing. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay. If the local agency has not approved or denied the completed application within 60 days, the application shall be deemed approved. A local agency may charge a fee to reimburse it for costs incurred to implement this paragraph, including the costs of adopting or amending any ordinance that provides for the creation of an accessory dwelling unit.
(4)
The ordinance shall require that a demolition permit for a detached garage that is to be replaced with an accessory dwelling unit be reviewed with the application for the accessory dwelling unit and issued at the same time. (5)
The ordinance shall not require, and the applicant shall not be otherwise required, to provide written notice or post a placard for the demolition of a detached garage that is to be replaced with an accessory dwelling unit, unless the property is located within an architecturally and historically significant historic district. (6)
An existing ordinance governing the creation of an accessory dwelling unit by a local agency or an accessory dwelling ordinance adopted by a local agency shall provide an
approval process that includes only ministerial
provisions for the approval of accessory dwelling units and shall not include any discretionary processes, provisions, or requirements for those units, except as otherwise provided in this subdivision. If a local agency has an existing accessory dwelling unit ordinance that fails to meet the requirements of this subdivision, that ordinance shall be null and void and that agency shall thereafter apply the standards established in this subdivision for the approval of accessory dwelling units, unless and until the agency adopts an ordinance that complies with this section. (7)
No other local ordinance, policy, or regulation shall be the basis for the delay or denial of a building permit or a use permit under this subdivision.
(8)
(A)
This subdivision establishes the maximum standards that local agencies shall use to evaluate a proposedPage 49 of 67 California-2021-SB897-Amended
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(i)
Notwithstanding
subparagraph (A), a local agency shall not impose an owner-occupant requirement on an accessory dwelling unit before January 1, 2025.
(ii)
Notwithstanding subparagraph (A), a local agency shall not impose an owner-occupant requirement on an accessory dwelling unit that was permitted between January 1, 2020, and January 1, 2025. (C)
Notwithstanding subparagraphs (A) and (B), a local agency may require that an accessory dwelling unit be used for rentals of terms longer than 30 days.
(9)
A
local agency may amend its zoning ordinance or general plan to incorporate the policies, procedures, or other provisions applicable to the creation of an accessory dwelling unit if these provisions are consistent with the limitations of this subdivision.
(10)
An accessory dwelling unit that conforms to this subdivision shall be deemed to be an accessory use or an accessory building and shall not be considered to exceed the allowable density for the lot upon which it is located, and shall be deemed to be a residential use that is consistent with the existing general plan and zoning designations for the lot. The accessory dwelling unit shall not be considered in the application of any local ordinance, policy, or program to limit residential growth.
(b)
When a local agency that has not
adopted an ordinance governing accessory dwelling units in accordance with subdivision (a) receives an application for a permit to create an accessory dwelling unit pursuant to this subdivision, the local agency shall approve or disapprove the application ministerially without discretionary review pursuant to subdivision (a). The permitting agency shall either approve or deny the application to create an accessory dwelling unit or a junior accessory dwelling unit within 60 days from the date the local agency receives a completed application if there is an existing single-family or multifamily dwelling on the lot. If the permit application to create an accessory dwelling unit or a junior accessory dwelling unit is submitted with a permit application to create a new single-family or multifamily dwelling on the lot, the permitting agency may delay approving or denying the permit application for the accessory dwelling unit or the junior accessory dwelling unit until the permitting agency approves or denies the permit application to create the new single-family dwelling, but the application to create the accessory dwelling unit or junior accessory dwelling unit shall still be considered ministerially without discretionary review or a hearing. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay. If the local agency has not approved or denied the completed application within 60 days, the application shall be deemed approved. (c)
(1)
Subject to paragraph (2), a local agency may establish minimum and maximum unit size requirements for both attached and detached accessory dwelling units.
(2)
Notwithstanding
paragraph (1), a local agency shall not establish by ordinance any of the following:
(A)
A minimum square footage requirement for either an attached or detached accessory dwelling unit that prohibits an efficiency unit.
(B)
A maximum square footage requirement for either an attached or detached accessory dwelling unit that is less than either of the following:
(i)
850 square feet.
(ii)
1,000 square feet for an accessory dwelling unit that provides more than one bedroom. (C)
Any requirement for a zoning clearance or separate zoning review or any other minimum or maximum size for an accessory dwelling unit, size based upon a percentage of the proposed or existing primary dwelling, or
California-2021-SB897-Amended
file:///L/...ivision/Planning/Resolutions/2023/Planning%20Commission/23-12PC%20ADU%20Ordinance%20Update%20-%20Att%20B.html[7/25/2023 2:21:19 PM] limits on lot coverage, floor area ratio, open space, and minimum lot size, for either attached or detached dwellings that does not permit at least an 800 square foot accessory dwelling unit that is lower than the applicable height limitation in clause (ii) of subparagraph (B) of paragraph (1) of subdivision (e) with four-foot side and rear yard setbacks to be constructed in compliance with all other local development standards. (d)
Notwithstanding any other law, and whether or not the local agency has adopted an ordinance governing accessory dwelling units in accordance with subdivision (a), all of the following shall apply:
(1)
The local agency shall not impose any parking standards for an
accessory dwelling unit in any of the following
instances:
(A)
Where the accessory dwelling unit is located within one-half mile walking distance of public transit. (B)
Where the accessory dwelling unit is located within an architecturally and historically significant historic district.
(C)
Where the accessory dwelling unit is part of the proposed or existing primary residence or an accessory structure.
(D)
When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit. (E)
When there is a car share vehicle located within one block of the accessory dwelling unit. (F)When a permit application for an accessory dwelling unit is submitted with a permit application to create a new single-family dwelling on the same lot.
(2)When a permit application for an accessory dwelling unit is submitted with a permit application to create new multifamily dwelling units, the local agency shall reduce the number of required parking spaces for the multifamily dwelling by 2 parking spaces for each proposed detached accessory dwelling unit on the same lot. (F) (1) When a permit application for an accessory dwelling unit is submitted with a permit application to create a new single-family
dwelling or a new multifamily dwelling on the same lot, provided that the accessory dwelling unit or the parcel satisfies any other criteria listed in this paragraph. (3)
(2) The local agency shall not deny an application for a permit to create an accessory dwelling unit due to the correction of nonconforming zoning conditions conditions, building code violations, or unpermitted structures that do not present a threat to public healt
h and safety and are not affected by the construction of the accessory dwelling unit.
(e)
(1)
Notwithstanding subdivisions (a) to (d), inclusive, a local agency shall ministerially approve an application for a building permit within a residential or mixed-use zone to create any of the following:
(A)
One accessory dwelling unit and one junior accessory dwelling unit per lot with a proposed or existing single- family dwelling if all of the following apply:
(i)
The accessory
dwelling unit or junior accessory dwelling unit is within the proposed space of a single- family dwelling or existing space of a single-family dwelling or accessory structure and may include an expansion of not more than 150 square feet beyond the same physical dimensions as the existing accessory structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress.
(ii)
The space has exterior access from the proposed or existing single-family dwelling. (iii) The side and rear setbacks are sufficient for fire and safety. Page 51 of 67 California-2021-SB897-Amended
file:///L/...ivision/Planning/Resolutions/2023/Planning%20Commission/23-12PC%20ADU%20Ordinance%20Update%20-%20Att%20B.html[7/25/2023 2:21:19 PM] (iv) The junior accessory dwelling unit complies with the requirements of Section 65852.22. (B)
One detached, new construction, accessory dwelling unit that does not exceed four-foot side and rear yard setbacks for a lot with a proposed or existing single-family dwelling. The accessory dwelling unit may be combined with a junior accessory dwelling unit described in subparagraph (A). A local agency may impose the following conditions on the accessory dwelling unit:
(i)
A total floor area limitation of not more than 800 square feet. (ii)
A height limitation of 16 feet, except as follows:
(I)
The local agency may impose a height limitation of not less than 25 18 feet on a detached accessory dwelling unit, if the accessory dwelling unit is within one-half mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code. A local agency shall allow an additional 2 feet in height to accommodate a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the primary dwelling unit. (II)
A local agency may impose a height limitation of not less than 18 feet on a detached accessory dwelling unit if the accessory dwelling unit is on a lot that has an existing multifamily, multistory dwelling.
(II)
(III) The local agency may impose a height limitation of not less than 25 feet or the height limitation in the local
zoning ordinance that applies to the primary dwelling, whichever is lower, if the accessory dwelling units unit is attached to a primary dwelling.
(C)
(i)
Multiple
accessory
dwelling
units within the portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings. (ii)
A local
agency shall allow at least one accessory dwelling unit within an existing multifamily dwelling and shall allow up to 25 percent of the existing multifamily dwelling units. (D)
(i)
Not more
than two accessory dwelling units that are located on a lot that has an existing or proposed multifamily dwelling, but are detached from that multifamily dwelling and are subject to the applicable height limitation in clause (ii) of subparagraph (B) and rear yard and side setbacks of no more than 4 feet.
(ii)
If the existing multifamily dwelling exceeds the applicable height limitation in clause (ii) of subparagraph (B) or has a rear or side setback of less than 4 feet, the local agency shall not require any modification of the existing multifamily dwelling to satisfy the requirements of this subparagraph. as a condition of approving the
application to construct an accessory dwelling unit that satisfies the requirements of this subparagraph. (iii)A local agency shall not reject an application to construct an accessory dwelling unit authorized under this subparagraph on the basis that the existing multifamily dwelling exceeds the applicable height limitation in clause (ii) of subparagraph (B) or has a rear or side setback of less than 4 feet. (2) A local agency shall not require, as a condition for ministerial approval of a permit application for the creation of an accessory dwelling unit or a junior accessory dwelling unit, the correction of nonconforming zoning conditions. (3)
The installation of fire sprinklers shall not be required in an accessory dwelling unit if sprinklers are not required for the primary residence. The construction of an accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in the proposed or the existing multifamily dwelling. (4)
A local agency may require owner-occupancy for either the primary dwelling or the accessory dwelling unit on a
California-2021-SB897-Amended
file:///L/...ivision/Planning/Resolutions/2023/Planning%20Commission/23-12PC%20ADU%20Ordinance%20Update%20-%20Att%20B.html[7/25/2023 2:21:19 PM] single-family lot, subject to the requirements of paragraph (8) of subdivision (a). (5) A local agency shall require that a rental of the accessory dwelling unit created pursuant to this subdivision be for a term longer than 30 days.
(6)
A local agency may require, as part of the application for a permit to create an accessory dwelling unit connected to an onsite wastewater treatment system, a percolation test completed within the last five years, or, if the percolation test has been recertified, within the last 10 years.
(7)
Notwithstanding subdivision (c) and paragraph (1) a local agency that has adopted an ordinance by July 1, 2018, providing for the approval of accessory dwelling units in multifamily dwelling
structures shall ministerially consider
a permit application to construct an accessory dwelling unit that is described in paragraph (1), and may impose objective standards including, but not limited to, design, development, and historic standards on said accessory dwelling units. These standards shall not include requirements on minimum lot size. (f)
(1)
Fees charged for the construction of accessory dwelling units shall be determined in accordance with Chapter 5 (commencing with Section 66000) and Chapter 7 (commencing with Section 66012). (2)
An accessory dwelling unit shall not be considered by a local agency, special district, or water corporation to be a new residential use for purposes of calculating connection fees or capacity charges for utilities,
including water and
sewer service, unless the accessory dwelling unit was constructed with a new single-family dwelling. (3)
(A)
A local agency, special district, or water corporation shall not impose any impact fee upon the development of an accessory dwelling unit less than 750 square feet. Any impact fees charged for an accessory dwelling unit of 750 square feet or more shall be charged proportionately in relation to the square footage of the primary dwelling unit. (B)
For purposes of this paragraph, “impact fee” has the same meaning as the term “fee” is defined in subdivision (b) of Section 66000, except that it also includes fees specified in Section 66477. “Impact fee” does not include any connection fee or capacity charge charged
by a local agency, special district, or water corporation. (4)
For an accessory dwelling unit described in subparagraph (A) of paragraph (1) of subdivision (e), a local agency, special district, or water corporation shall not require the applicant to install a new or separate utility connection directly between the accessory dwelling unit and the utility or impose a related connection fee or capacity charge, unless the accessory dwelling unit was constructed with a new single-family dwelling. (5)
For an accessory dwelling unit that is not described in subparagraph (A) of paragraph (1) of subdivision (e), a local agency, special district, or water corporation may require a new or separate utility connection directly between the accessory dwelling unit and the utility. Consistent
with Section 66013, the connection may be subject to a
connection fee or capacity charge that shall be proportionate to the burden of the proposed accessory dwelling unit, based upon either its square feet or the number of its drainage fixture unit (DFU) values, as defined in the Uniform Plumbing Code adopted and published by the International Association of Plumbing and Mechanical Officials, upon the water or sewer system. This fee or charge shall not exceed the reasonable cost of providing this service. (g)
This section does not limit the authority of local agencies to adopt less restrictive requirements for the creation of an accessory dwelling unit.
(h)
(1)
A local agency shall submit a copy of the ordinance adopted pursuant to subdivision (a) to the Department
of
Housing and Community Development within 60 days after adoption. After adoption of an ordinance, the department may submit written findings to the local agency as to whether the ordinance complies with this section. (2)
(A)
If the department finds that the local agency’s ordinance does not comply with this section, the department shall notify the local agency and shall provide the local agency with a reasonable time, no longer than 30 days, to respond to the findings before taking any other action authorized by this section. (B)
The
local agency shall consider the findings made by the department pursuant to subparagraph (A) and shall
California-2021-SB897-Amended
file:///L/...ivision/Planning/Resolutions/2023/Planning%20Commission/23-12PC%20ADU%20Ordinance%20Update%20-%20Att%20B.html[7/25/2023 2:21:19 PM] do one of the following:
(i) Amend the ordinance to comply with this section.
(ii)
Adopt the ordinance without changes. The local agency shall include findings in its resolution adopting the ordinance that explain the reasons the local agency believes that the ordinance complies with this section despite the findings of the department.
(3)
(A)
If the local agency does not amend its ordinance in response to the department’s findings or does not adopt a resolution with findings explaining the reason the ordinance complies with this section and addressing the department’s findings, the department shall notify the local agency and may notify the Attorney General that the local agency is in violation of state law.
(B)
Before notifying the Attorney General that
the local agency is in violation of state law, the department may consider whether a local agency adopted an ordinance in compliance with this section between January 1, 2017, and January 1, 2020.
(i)
The department may review, adopt, amend, or repeal guidelines to implement uniform standards or criteria that supplement or clarify the terms, references, and standards set forth in this section. The guidelines adopted pursuant to this subdivision are not subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2. (j)
As used in this section, the following terms mean:
(1)
“Accessory dwelling unit” means an attached or a detached residential dwelling unit that provides complete independent
living
facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. An accessory dwelling unit also includes the following:
(A)
An efficiency unit.
(B)
A manufactured home, as defined in Section 18007 of the Health and Safety Code. (2)
“Accessory structure” means a structure that is accessory and incidental to a dwelling located on the same lot. (3)
“Efficiency unit” has the same meaning as defined in Section 17958.1 of the Health and Safety Code.
(4)
“Living area” means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.
(5)
“Local agency” means a city, county, or city and county, whether general law or chartered. (6)
“Nonconforming zoning condition” means a physical improvement on a property that does not conform with current zoning standards.
(7)
“Objective standards” means standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development
applicant or proponent and the public official prior to submittal. (8)
“Passageway” means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit.
(9)
“Proposed dwelling” means a dwelling that is the subject of a permit application and that meets the requirements for permitting.
(10) “Public transit” means a location, including, but not limited to, a bus stop or train station, where the public mayPage 54 of 67 California-2021-SB897-Amended
file:///L/...ivision/Planning/Resolutions/2023/Planning%20Commission/23-12PC%20ADU%20Ordinance%20Update%20-%20Att%20B.html[7/25/2023 2:21:19 PM] access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.
(11)
“Tandem parking” means that two or more automobiles are
parked on a driveway or in any other location on a
lot, lined up behind one another.
(k)
A local agency shall not issue a certificate of occupancy for an accessory dwelling unit before the local agency issues a certificate of occupancy for the primary dwelling. (l)
Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code), except that the local government shall not be required to hold public hearings for coastal development permit applications for accessory dwelling units.
(m)
A local agency may count an accessory dwelling unit for purposes of identifying adequate sites for housing, as
specified
in subdivision (a) of Section 65583.1, subject to authorization by the department and compliance with this division.
(n)
In enforcing building standards pursuant to Article 1 (commencing with Section 17960) of Chapter 5 of Part 1.5 of Division 13 of the Health and Safety Code for an accessory dwelling unit described in paragraph (1) or (2) below or the primary dwelling for one of those units, (2), a local agency, upon request of an owner of an accessory dwelling unit for a delay in enforcement, shall delay enforcement of a building standard, subject to compliance with Section 17980.12 of the Health and Safety Code:
(1)
The accessory dwelling unit was built before January 1, 2020. (2)
The accessory dwelling unit was built on or after January 1, 2020, in a local jurisdiction that, at the time the accessory dwelling unit was built, had a noncompliant accessory dwelling unit ordinance, but the ordinance is compliant at the time the request is made.
SEC. 3. Section 65852.2 of the Government Code, as amended by Section 2 of Chapter 343 of the Statutes of 2021, is repealed.
SEC. 4. Section 65852.22 of the Government Code is amended to read:
65852.22. (a) Notwithstanding Section 65852.2, a local agency may, by ordinance, provide for the creation of junior accessory dwelling units in single-family residential zones. The ordinance may require a permit to be obtained for the creation of a junior accessory dwelling unit, and shall do all of the following:
(1)
Limit
the number of junior accessory dwelling units to one per residential lot zoned for single-family residences with a single-family residence built, or proposed to be built, on the lot. (2)
Require owner-occupancy in the single family residence in which the junior accessory dwelling unit will be permitted. The owner
may reside in either the remaining portion of the structure or the newly created junior accessory
dwelling unit. Owner-occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization.
(3)
Require the recordation of a deed restriction, which shall run with the land, shall be filed with the permitting agency, and shall include both of the following:
(A)
A prohibition on the sale of the junior accessory dwelling unit separate from the sale of the single-family residence, including a statement that the deed restriction may be enforced against future purchasers. (B)
A restriction on the size and attributes of the junior accessory dwelling unit that conforms with this section.
California-2021-SB897-Amended
file:///L/...ivision/Planning/Resolutions/2023/Planning%20Commission/23-12PC%20ADU%20Ordinance%20Update%20-%20Att%20B.html[7/25/2023 2:21:19 PM] (4) Require a permitted junior accessory dwelling unit to be constructed within the walls of the proposed or existing single-family residence or attached to a detached accessory dwelling unit. residence. For purposes of this paragraph, enclosed uses within the residence, such as attached garages, are considered a part of the proposed or existing single- family residence.
(5)
(A)
Require a permitted junior accessory dwelling unit to include a separate entrance from the main entrance to the proposed or existing single-family residence or attached to a detached accessory dwelling unit. (B)
If a permitted junior accessory dwelling unit does not include a
separate bathroom, the permitted junior
accessory dwelling unit shall include a separate entrance from the main entrance to the structure, with an interior entry to the main living area.
(6)
Require the permitted junior accessory dwelling unit to include an efficiency kitchen, which shall include all of the following:
(A)
A cooking facility with appliances.
(B)
A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.
(b)
(1)
An ordinance shall not require additional parking as a condition to grant a permit. (2)
This subdivision shall not be interpreted to prohibit the
requirement of an inspection, including the imposition of a fee for that inspection, to determine if the junior accessory dwelling unit complies with applicable building standards. (c)
An application for a permit pursuant to this section shall, notwithstanding Section 65901 or 65906 or any local ordinance regulating the issuance of variances or special use permits, be considered ministerially, without discretionary review or a hearing. The permitting agency shall either approve or deny the application to create a junior accessory dwelling unit within 60 days from the date the local agency receives a completed application if there is an existing single-family dwelling on the lot. If the permit application to create a junior accessory dwelling unit is submitted with a permit application to create a new single-family dwelling on the lot,
the permitting agency may delay approving or
denying the permit application for the junior accessory dwelling unit until the permitting agency approves or denies the permit application to create the new single-family dwelling, but the application to create the junior accessory dwelling unit shall still be considered ministerially without discretionary review or a hearing. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay. A local agency may charge a fee to reimburse the local agency for costs incurred in connection with the issuance of a permit pursuant to this section. (d)
A local agency shall not deny an application for a permit to create a junior accessory dwelling unit pursuant to this section due to the correction of nonconforming zoning conditions conditions, building code violations, or unpermitted structures
that do not present a threat to public health and safety and that are not affected by the construction of the junior accessory dwelling unit.
(e)
For purposes of any fire or life protection ordinance or regulation, a junior accessory dwelling unit shall not be considered a separate or new dwelling unit. This section shall not be construed to prohibit a city, county, city and county, or other local public entity from adopting an ordinance or regulation relating to fire and life protection requirements within a single-family residence that contains a junior accessory dwelling unit so long as the ordinance or regulation applies uniformly to all
single-family
residences within the zone regardless of whether the single-family residence includes a junior accessory dwelling unit or not. (f)
For purposes of providing service for water, sewer, or power, including a connection fee, a junior accessory dwelling unit shall not be considered a separate or new dwelling unit. (g)
This section shall not be construed to prohibit a local agency from adopting an ordinance or regulation related to a service or a connection fee for water, sewer, or power, that applies to a single-family residence that contains a junior accessory dwelling unit, so long as that ordinance or regulation applies uniformly to all single-family residencesPage 56 of 67 California-2021-SB897-Amended
file:///L/...ivision/Planning/Resolutions/2023/Planning%20Commission/23-12PC%20ADU%20Ordinance%20Update%20-%20Att%20B.html[7/25/2023 2:21:19 PM] regardless of whether the single-family residence includes a junior accessory dwelling unit. (h) If a local agency has not adopted a local ordinance pursuant to this section, the local agency shall ministerially approve a permit
to construct a junior accessory dwelling unit that satisfies the requirements set forth in subparagraph (A) of paragraph (1) of subdivision (e) of Section 65852.2 and the requirements of this section. (i)
For purposes of this section, the following terms have the following meanings:
(1)
“Junior accessory dwelling unit” means a unit that is no more than 500 square feet in size and contained entirely within a single-family residence. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure. (2)
“Local agency” means a city, county, or city and county, whether general law or chartered.
SEC. 5. Section 65852.23 is added to the Government Code, to read:
65852.23. (a) Notwithstanding any other law, and except as otherwise provided in subdivision (b), a local agency shall not deny
a permit for an unpermitted accessory dwelling unit that was constructed before January 1, 2018, due to either of the following:
(1)
The accessory dwelling unit is in violation of building standards pursuant to Article 1 (commencing with Section 17960) of Chapter 5 of Part 1.5 of Division 13 of the Health and Safety Code. (2)
The accessory dwelling unit does not comply with Section 65852.2 or any local ordinance regulating accessory dwelling units.
(b)
Notwithstanding subdivision (a), a local agency may deny a permit for an accessory dwelling unit subject to subdivision (a) if the local agency makes a finding that correcting the violation is necessary to protect the health and safety of the public or occupants of the structure.
(c)
The section shall not apply to a building that is deem substandard pursuant to Section 17920.3 of the Health and Safety Code.
SEC. 6. Section 17980.12 of the Health and Safety Code is amended to read:
17980.12. (a) (1) An enforcement agency, until January 1, 2030, that issues to an owner of an accessory dwelling unit described in subparagraph (A)
or (B) below, a notice to correct a violation of any provision of any building standard pursuant to this part shall include in that notice a statement that the owner of the unit has a right to request a delay in enforcement pursuant to this subdivision:
(A)
The accessory dwelling unit was built before January 1, 2020. (B)
The accessory dwelling unit was built on or after January 1, 2020, in a local jurisdiction that, at the time the accessory dwelling unit
was built, had a noncompliant accessory dwelling unit ordinance, but the ordinance is compliant at the time the request is made.
(2)
The owner of an accessory dwelling unit that receives a notice to correct violations or abate nuisances as described in paragraph (1) may, in the form and manner prescribed by the enforcement agency, submit an application to the enforcement agency requesting that enforcement of the violation be delayed for five years on the basis that correcting the violation is not necessary to protect health and safety. (3)
A delay in enforcement granted for an accessory dwelling unit, as described in paragraph (2), shall also apply to a violation of any provision of any building standard that applies to the primary dwelling of the accessory dwelling unit, provided that correcting the violation is not necessary to protect health and safety.
California-2021-SB897-Amended
file:///L/...ivision/Planning/Resolutions/2023/Planning%20Commission/23-12PC%20ADU%20Ordinance%20Update%20-%20Att%20B.html[7/25/2023 2:21:19 PM] (3) A local agency shall not require, as a condition for ministerial approval of a permit application for the creation of an accessory dwelling unit or a junior accessory dwelling unit, the correction of a violation on the primary dwelling unit, provided that correcting the violation is not necessary to protect health and safety. (4)
The enforcement agency shall grant an application described in paragraph (2) if the enforcement agency determines that correcting the violation is not necessary to protect health and safety. In making this determination, the enforcement agency shall consult with the entity responsible for enforcement of building
standards and other
regulations of the State Fire Marshal pursuant to Section 13146. (5)
The enforcement agency shall not approve any applications pursuant to this section on or after January 1, 2030.
However, any delay that was approved by the enforcement agency before January 1, 2030, shall be valid for the full term of the delay that was approved at the time of the initial approval of the application pursuant to paragraph (4). (b)
For purposes of this section, “accessory dwelling unit” has the same meaning as defined in Section 65852.2. (c)
This section shall remain in effect only until January 1, 2035, and as of that date is repealed.
SEC. 7. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because
a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.
Concord Municipal Code Page 1/9
The Concord Municipal Code is current through Ordinance 22-13, passed December 6, 2022.
18.200.180 Accessory dwelling units.
Where allowed by Division II of this title (Zoning Districts – Uses and Standards), accessory dwelling units shall comply with the requirements of this section.
A. Purpose. The purpose of this section is to comply with California Government Code Sections 65852.2 and 65852.22, which provide for local jurisdictions to set standards for development of accessory dwelling units and junior accessory dwelling units so as to increase the supply of smaller and affordable housing, while ensuring they remain compatible with the existing neighborhood.
B. Definitions. These definitions only apply to this section (Accessory dwelling units) and in the event there is a conflict between this section and other provisions of the Development Code or any provisions of the Concord Municipal Code, these definitions shall prevail.
“Accessory dwelling unit” means an attached, interior or detached dwelling unit which shall provide complete independent living facilities for one or more persons, is located on the same lot with a proposed or existing single-family principal dwelling or multifamily principal dwelling, and includes permanent provisions for living, sleeping, eating, cooking, and sanitation. An accessory dwelling unit also includes an efficiency unit and a manufactured home, defined below.
“Architecturally and significant historic district” means one of the officially recognized historic landmarks or council-designated historic districts in the city.
“Attic” means the unfinished space between the ceiling assembly and the roof assembly. “Basement” means a story that is not a story above grade plane. “Car share vehicle” means a motor vehicle available for short-term rental (less than 30 days), including an option for hourly rental.
“Conversion” means the act of modifying an existing legal building or a portion of an existing legal building from its existing use to an accessory dwelling unit.
“Efficiency kitchen” includes a cooking facility with appliances, a food preparation counter, and storage cabinets, which are of reasonable size in relation to the size of the dwelling unit. “Efficiency unit” is a dwelling unit with a maximum floor area of 150 square feet and which shall include an efficiency kitchen and bathroom facilities, as specified pursuant to the California Health and Safety Code Section 17958.1.
“Existing” means a single-family principal dwelling, accessory structure, or a multifamily principal dwelling structure that was lawfully constructed prior to the receipt of an application of an accessory dwelling unit or junior accessory dwelling unit.
“Junior accessory dwelling unit” is a type of dwelling unit which has a maximum floor area of 500 square feet in size, which shall include an efficiency kitchen (as defined in this subsection), and is contained within an existing or proposed single-family principal dwelling. A junior accessory dwelling unit may include separate sanitation facilities or share sanitation facilities with the existing or proposed single-family principal dwelling. Subject to subsection (F) of this section, junior accessory dwelling units must be constructed entirely within walls of the existing or proposed single-family principal dwelling or attached garage. “Living area” means the interior habitable area of a dwelling unit, including basements and attics but not garages and/or any habitable accessory structure.
“Manufactured home” means a structure that was constructed on or after June 15, 1976, is transportable in one or more sections, is eight body feet or more in width, or 40 body feet or more in length, in the traveling mode, or when erected on site is 320 or more square feet, is built on a permanent chassis and designed to be used as a single -family dwelling with or without a foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems. “Manufactured home” includes any structure that meets all the requirements ATTACHMENT 4
Concord Municipal Code
The Concord Municipal Code is current through Ordinance 22-13, passed December 6, 2022. of this paragraph except the size requirements and with respect to which the manufacturer voluntarily files a certification and complies with the standards established under the Manufactured Housing Construction and Safety Act of 1974.
“Multifamily principal dwelling(s)” means the legal structure(s) consisting of two or more attached units, existing at the time an accessory dwelling unit application is received, that was established as the primary use and building(s) on a residential lot, to which the accessory dwelling unit may be established through and subordinate to. “Nonlivable space” means the interior spaces of existing multifamily dwelling structures that are not used for livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages. “Owner” means any person with a legal interest in real property, as shown in the last equalized assessment roll for city taxes, accompanied with a right to occupy said property. For purposes of this section, “owner” shall not mean a tenant or lessee of the real property.
“Preapproved accessory dwelling units” means a collection of architectural and building permit -ready plan sets (including structural calculations) for detached accessory dwelling units of varying unit types, architectural designs, and sizes approved and provided by the city and made free to the public. “Public transit” means a location where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, including, but not limited to, a bus stop or train station. “Setback, corner-side” means a side lot line of a corner lot that is adjacent to a street, between the front and rear lot lines, and the area between a property line and building or structure, which must be kept clear or open. “Single-family principal dwelling” means the legal single-family residential dwelling unit that is established or will be established as the primary use and building on a residential lot, to which the accessory dwelling unit may be established through and subordinate to.
“Story above grade plane” means any story having its finished floor surface entirely above grade plan e, or in which the finished surface of the floor next above is either of the following: (1) more than six feet above grade plane; or (2) more than 12 feet above the finished ground level at any point.
C. Number and Types of Accessory Dwelling Units. The following types of accessory dwelling units shall be allowed in areas zoned to allow single-family or multifamily dwelling use or in circumstances with a lawfully constructed single-family or multifamily principal dwelling in other zoning districts, subject to the requirements and standards of this section:
1. Single-Family Principal Dwelling.
a. One accessory dwelling unit may be developed per lot. i. A new construction accessory dwelling unit may be attached to or detached from the single -family principal dwelling; or
ii. An accessory dwelling unit may be constructed within the interior of a proposed or existing single-family principal dwelling (including attached garages) or within an existing accessory structure may be developed, if all the following apply:
(A) The unit has exterior access separate from the proposed or existing single-family principal dwelling.
(B) The side and rear setbacks are sufficient for fire and safety. (C) The expansion of the accessory structure for ingress and egress is not more than 150 square feet.
Concord Municipal Code
The Concord Municipal Code is current through Ordinance 22-13, passed December 6, 2022. b. One junior accessory dwelling unit in conformance with subsection (F) of this section and one accessory dwelling unit may be developed per lot if:
i. The accessory dwelling unit meets the standards of subsection (C)(a)(ii) of this section; or ii. The accessory dwelling unit is detached, new construction, and no more than 800 square feet in area, up to 16 feet in height, and with at least four-foot side and rear setbacks.
2. Multifamily Principal Dwelling.
a. Proposed Multifamily Dwelling Structure. At least one accessory dwelling unit that is detached, attached or a conversion of existing space may be permitted on a site with a proposed multifamily principal dwelling.
b. Existing Multifamily Dwelling Structure. Accessory dwelling units that meet the following standards may be permitted on a site with an existing multifamily principal dwelling:
i. Accessory dwelling units within the nonlivable spaces of an existing multifamily dwelling structure; provided, that each accessory dwelling unit complies with state building standards for dwellings. At least one accessory dwelling unit shall be allowed within the nonlivable space withi n an existing multifamily dwelling structure and up to 25 percent of the number of existing multifamily dwelling units within a structure; or
ii. Up to two detached accessory dwelling units per lot that has an existing multifamily dwelling; provided, that the height of the accessory dwelling units does not exceed 16 feet and that four -foot side and rear yard setbacks are maintained. Where the conversion of the footprint of an existing accessory structure to an accessory dwelling unit is proposed, said height and setback requirements shall not apply as long as the setbacks are sufficient for fire and safety; or iii. One attached accessory dwelling unit; provided, that the height of the accessory dwelling units does not exceed 16 feet and that four-foot side and rear yard setbacks are maintained.
3. Accessory Dwelling Units Exempt from Additional Design and Development Regulations. a. Single-Family Principal Dwelling. An accessory dwelling unit permitted on a lot with a proposed or existing single-family principal dwelling pursuant to subsection (C)(1) of this section is exempt from subsection (E) of this section unless one of the following is true:
i. The new construction accessory dwelling unit is attached to the single-family principal dwelling; or ii. The detached, new construction accessory dwelling unit is larger than 800 square feet in living area, or taller than 16 feet in height, or with side and rear setbacks less than four feet. b. Multifamily Principal Dwelling. Accessory dwelling units permitted on a lot with an existing multifamily principal dwelling pursuant to subsections (C)(2)(b)(i) and (ii) of this section are exempt from subsection (E) of this section.
D. General Requirements.
1. Building Permit Required. Accessory dwelling units and junior accessory dwelling units shall comply with the California Building Code as set forth in CMC Title 15 for dwellings. A building permit application for an accessory dwelling unit or a junior accessory dwelling unit shall be accompanied by t he appropriate application fee. The building permit application shall be ministerially processed within 60 days of receipt of a complete application and shall be approved if the proposed unit conforms to the requirements of this section. An incomplete application will be returned with an explanation of the additional information that is required. The city shall grant a delay in processing if requested in writing by the applicant.
Concord Municipal Code
The Concord Municipal Code is current through Ordinance 22-13, passed December 6, 2022.
2. New Single-Family Principal Dwellings. Notwithstanding subsection (D)(1) of this section, if a building permit application is submitted for a junior accessory dwelling unit or accessory dwelling unit in conjunction with a building permit application to create a new single-family principal dwelling on the same lot, the application for the junior accessory dwelling unit or accessory dwelling unit shall not be acted upon until the application for the new single-family principal dwelling is approved, but thereafter shall be processed within 60 days after approval of the application for the new single-family principal dwelling and approved if it meets the requirements of this section. Occupancy of the junior accessory dwelling unit or accessory dwelling unit shall not be allowed until the city approves occupancy of the single-family principal dwelling.
3. Permanent Foundation. A permanent foundation system in accordance with the Uniform Building Code (UBC) shall be required for all accessory dwelling units.
4. Density. An accessory dwelling unit or junior accessory dwelling unit that con forms to the standards of this section shall not be considered to exceed the allowable density for the lot upon which it is located.
5. Subdivision. No subdivision of land or air rights shall be allowed that would result in the accessory dwelling unit or junior accessory dwelling unit existing on a separate lot from the single-family principal dwelling or multifamily principal dwelling. An accessory dwelling unit or junior accessory dwelling unit may not be sold independently of the single-family principal dwelling or multifamily principal dwelling but may be leased separately.
6. Owner Occupancy.
a. Accessory Dwelling Unit. No owner occupancy is required for accessory dwelling units except for building permit applications received after December 31, 2024, whereby one of the dwellings on the lot must be the bona fide principal dwelling of at least one owner of the lot containing the accessory dwelling unit, as evidenced at the time of approval of the accessory dwelling unit by appropriate documents of title and residency.
b. Junior Accessory Dwelling Unit. Unless the property is owned by a governmental agency, land trust, or housing organization, one of the dwellings on the lot with a junior accessory dwelling unit must be the bona fide principal residence of at least one owner of the lot, as evidenced at the time of approval of the junior accessory dwelling unit by appropriate documents of title and residency.
7. Short-Term Rentals Prohibited. The accessory dwelling unit or junior accessory dwelling unit shall not be rented for a term of less than 30 days.
8. Zoning Conditions. The city shall not require the correction of nonconforming zoning conditions as a condition for ministerial approval.
E. Accessory Dwelling Unit Development Regulations.
1. Allowed Use. Accessory dwelling units are allowed in all zoning districts that allow for single-family or multifamily dwelling residential uses.
Zoning District
R (Residential)
NTS (North Todos Santos)
CO (Community Office)
CMX (Commercial Mixed-Use)
NC (Neighborhood Commercial)
DP (Downtown Pedestrian)
Concord Municipal Code
The Concord Municipal Code is current through Ordinance 22-13, passed December 6, 2022.
DMX (Downtown Mixed-Use)
2. Size. An accessory dwelling unit shall be at least 150 square feet in size, and shall not exceed the following:
a. One thousand two hundred square feet on lots at or greater than 12,000 square feet in net area, excluding attached garages or carports up to 460 square feet. b. One thousand square feet on lots less than 12,000 square feet in net area, excluding attached garages or carports up to 230 square feet.
c. No size limitations shall apply if the footprint of an existing accessory structure is converted to an accessory dwelling unit.
3. Zoning Development Standards. The accessory dwelling unit shall meet all provisions of the zoning district in which it is located, including setbacks, height, and parking requirements and other applicable provisions of the development code, except as allowed by this section.
4. Setbacks.
a. Setback Requirements by Type of Accessory Dwelling Unit.
Type of accessory dwelling unit Required setback
Conversion of existing space within a single-family principal dwelling or nonlivable space within a multifamily principal dwelling No additional setback, but distance must be sufficient for fire and safety.
Conversion of existing accessory structure or garage (single-family or multifamily principal dwelling)
No additional setback, but distance must be sufficient for fire and safety.
New addition to an existing single-family principal dwelling Four-foot interior side and rear setback.
Conversion of existing nonlivable space (multifamily principal dwelling) No additional setback, but distance must be sufficient for fire and safety.
New detached building (single-family or multifamily principal dwelling) Four-foot interior side and rear setback.
b. Front and Corner-Side Setbacks. Accessory dwelling units shall comply with the minimum required front and corner-side setbacks required for the single-family principal dwelling, except as modified by this section. In cases where the single-family principal dwelling exceeds the minimum required front yard and/or corner-side setback(s), the accessory dwelling unit shall not project beyond the front and/or corner-side building plane. An attached or detached accessory dwelling unit with up to 800 square feet of living area, up to 16 feet in height, and with a minimum of four-foot side and rear yard setbacks may be constructed within the front and corner-side setbacks, if an accessory dwelling unit cannot feasibly be constructed elsewhere on the lot.
5. Lot Coverage. Accessory dwelling units shall meet the lot coverage requirement of the zoning district in which they are locate; provided, that no limit on lot coverage, floor area ratio, open space, or size shall prevent the construction of an attached or detached accessory dwelling unit with up to 800 square feet of living area, up to 16 feet in height, and with a minimum of four-foot side and rear yard setbacks. In cases where lot coverage has been maximized or exceeded by the construction of an accessory dwelling unit, an additional accessory structure or an accessory structure associated with an accessory dwelling shall meet the lot coverage requirements of the zoning district.
6. Height.
a. Detached Accessory Dwelling Unit. An accessory dwelling unit associated with a single -family or multifamily principal dwelling shall be no taller than 16 feet in height except in the following circumstances:
Concord Municipal Code
The Concord Municipal Code is current through Ordinance 22-13, passed December 6, 2022. i. A single-story detached accessory dwelling unit can exceed the maximum height of 16 feet to match the roofline, style, or pitch of the single-family principal dwelling or multifamily principal dwelling (e.g., gables, shed roofs, towers) to enhance design compatibility. ii. No height limitations shall apply if the footprint of an existing accessory structure is converted to an accessory dwelling unit.
b. Attached Accessory Dwelling Unit.
i. An accessory dwelling unit attached to a single-family principal dwelling may occupy any story. The attached accessory dwelling unit cannot exceed 16 feet in height except in the following circumstance:
(A) If an accessory dwelling unit is attached as a second or third story to the single-family principal dwelling in excess of 16 feet in height, it shall comply with the height and setback standards established for the single-family principal dwelling in the zoning district in which it is located.
(B) A single-story accessory dwelling unit can exceed 16 feet in height to match the roofline, style, or pitch of the existing or proposed single-family principal dwelling to enhance design compatibility.
ii. An accessory dwelling unit proposed as a second- or third-story addition with an overall height in excess of 16 feet to an existing or proposed detached accessory structure (e.g., garage) shall be set back at least 10 feet from the side and corner-side property lines, and shall maintain a rear yard setback that is the same as the standards established for the single-family principal dwelling in the zoning district in which it is located.
7. Access. An accessory dwelling unit shall have a separate entrance from the single-fa mily principal dwelling and from the multifamily principal dwellings.
8. Design. The following standards shall apply to accessory dwelling units except pre -approved accessory dwelling units:
a. Colors and Materials. The exterior appearance of the accessory dwelling unit shall be comparable to the single-family principal dwelling in roof pitch and form, and siding materials and colors. Alternatively, if the accessory dwelling unit exterior appearance is not comparable to the principal dwelling, an administrative design and site review process is required. b. Entrance. All accessory dwelling units attached to or within the interior of a single -family principal dwelling shall have a separate entrance that is not located on the same side or facing in the same di rection as the entrance for the single-family principal dwelling or an exterior staircase that is visible from the street or public right-of-way. This requirement shall not apply where the principal dwelling or the topography, fencing, or landscaping of the subject property effectively screens the accessory dwelling unit entrance from all street views.
c. Second-Story Windows. When an attached second- or third-story accessory dwelling unit in excess of 16 feet is proposed within 10 feet of an interior side or rear property line for the single -family principal dwelling, no new second-story windows shall be placed on the elevation facing that property line unless the accessory dwelling unit is designed with techniques to avoid direct line of sight into adjacen t properties, including but not limited to a minimum window sill height of six feet or opaque glass, unless it can be demonstrated there will be no privacy issues due to the location of the accessory dwelling unit. d. Design and Site Review. Accessory dwelling units shall be exempt from design and site review requirements as described in Chapter 18.415 CDC. Accessory dwelling units or structures proposed as part of an accessory dwelling unit including, but not limited to, detached or attached garages, sheds , or playhouses, that do not match the development and design standards in this subsection (E) and do not
Concord Municipal Code
The Concord Municipal Code is current through Ordinance 22-13, passed December 6, 2022. qualify as an exempt accessory dwelling unit pursuant to subsection (C)(3) of this section are subject to design and site review requirements as described in Chapter 18.415 CDC.
9. Parking. The parking required for an accessory dwelling unit is in addition to the required off -street parking for the single-family or multifamily principal dwelling. a. Parking for Accessory Dwelling Unit. One off-street parking space is required per accessory dwelling unit or per bedroom, whichever is less. The off-street parking space shall be provided as follows:
i. The parking space(s) may be uncovered, may be a tandem space(s), and may be located in the front yard setback if contained within the space of an existing or proposed driveway, unless findings can be made that parking in setback areas or tandem parking is not feasible based upon fire and life safety or topography conditions.
ii. The existing driveway may be widened to accommodate the required parking space(s), provided the expansion does not result in more than 50 percent of the required front setback or yard area (whichever is greater) being paved or covered with impervious surface. iii. Parking for the accessory dwelling unit may not result in or include additional curb cuts unless specifically permitted pursuant to CDC 18.160.100(A).
b. Parking Exemption. Parking for an accessory dwelling unit is not required in any of the following instances:
i. The accessory dwelling unit is located within one-half mile walking distance of public transit. ii. The accessory dwelling unit is located within a designated architecturally and historically significant historic district.
iii. The accessory dwelling unit is part of the proposed or existing primary residence or an accessory structure.
iv. When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit.
v. When there is a car share vehicle site located within one block of the accessory dwelling unit. c. Demolished Parking. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit or converted to an accessory d welling unit, the demolished parking is not required to be replaced.
F. Junior Accessory Dwelling Unit Development Regulations.
1. A junior accessory dwelling unit shall have a separate exterior entrance from the proposed or existing single-family principal dwelling unit.
2. The junior accessory dwelling unit may, but is not required to, include separate sanitation facilities. Access to a bathroom is required, which may be part of the junior accessory dwelling unit or located in the existing or proposed single-family principal dwelling. If provided as part of the single-family principal dwelling, the junior accessory dwelling unit shall have internal access to the single-family principal dwelling.
3. No additional parking is required for junior accessory dwelling units.
4. Prior to issuance of a certificate of occupancy for a junior accessory dwelling unit, the owner shall record a covenant in a form prescribed by the city attorney, which shall run with the land and provide for the following:
a. A prohibition on the sale of the junior accessory dwelling unit separate from the sale of the single-family principal dwelling;
Concord Municipal Code
The Concord Municipal Code is current through Ordinance 22-13, passed December 6, 2022. b. A restriction on the size and attributes of the junior accessory dwelling unit consistent with this section; c. A prohibition against renting the property for fewer than 30 consecutive calendar days; and d. A requirement that either the primary residence or the junior accessory dwelling unit be the owner’s bona fide principal residence, unless the owner is a governmental agency, land trust, or housing organization.
A copy of the recorded covenant shall be filed with the community development department prior to issuance of a certificate of occupancy.
G. Miscellaneous.
1. Hillside Development. The living areas of accessory dwelling units propo sed on any hillside lot are exempt from the hillside development use permit requirements described in Chapter 18.300 CDC. Other attached or detached areas, buildings or structures proposed as part of an accessory dwelling unit including but not limited to detached or attached garages, sheds or playhouses are not exempt from the hillside development use permit process, when applicable.
2. Environmental Review. As a ministerial project, an application for an accessory dwelling unit is exempt from environmental review under the California Environmental Quality Act (CEQA).
3. Creek and Riparian Protection. Accessory dwelling units proposed within creek or riparian areas as defined in Chapter 18.305 CDC shall comply with the development standards in CDC 18.305.04 0 but are exempt from the design and site review application requirement.
H. Delay of Enforcement of Building Standards.
1. Prior to January 1, 2025, the owner of an accessory dwelling unit that was built before January 1, 2020, may submit an application to the building official requesting that correction of any violation of building standards be delayed for five years. For purposes of this section, “building standards” refers to those standards enforced by local agencies under the authority of Section 17960 of the California Health and Safety Code.
2. The building official shall grant the application if the building official determines that enforcement of the building standard is not necessary to protect health and safety. In making this determination, the building official shall consult with the fire marshal.
3. No applications pursuant to this section shall be approved on or after January 1, 2025. However, any delay that was approved by the city before January 1, 2025, shall be valid for the full term of the delay that was approved at the time of the approval of the application.
4. Until January 1, 2025, any notice to correct a violation of a building standard that is issued to the owner of an accessory dwelling unit built before January 1, 2020, shall include a statement that the owner has a right to request a delay in enforcement of the building standard for an accessory dwelling unit pursuant to this section.
5. This subsection shall remain in effect until January 1, 2025, and as of that date is repealed.
I. Appeals. No appeals are permitted. All permits for accessory dwelling units are based on a ministerial review process and evaluation for conformance with this section. All approval or denial determinations are final.
J. Severability and Savings. If any subsection, sentence, clause, phrase, or portion of th is section is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this section, and each subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more subsections, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. In the event that the State Legislature amends any provision of the Planning and Zoning Law or other provision of state law respecting accessory dwelling units or junior accessory dwelling units so as to give rise to a conflict between state law and any provision or provisions of this section, such amendment shall
Concord Municipal Code
The Concord Municipal Code is current through Ordinance 22-13, passed December 6, 2022. prevail and apply in place of the conflicting provision or provisions hereof, and shall be deemed incorporated herein by this reference as though fully set forth. [Ord. 21-2 § 5 (Exh. A); Ord. 18-1 § 1 (Exh. C); Ord. 17-2 § 2 (Exh. A)].
MEMORANDUM
September 12, 2023
TO: Concord City Council
FROM: Valerie Barone, City Manager
WRITTEN BY: Sophia Huckabay, Housing Manager
SUBJECT: Residential Rent Stabilization and Just Cause for Eviction Workshop: Consider information provided by staff, receive public comment, and provide feedback on elements to be
incorporated into a Residential Rent Stabilization Ordinance and Amendments to the Just Cause for Eviction Component of the City’s Residential Tenant Protection Ordinance. (Continued from September 5, 2023)
On September 5, 2023, the City Council continued Agenda Item No. 4.a to the September 12, 2023, City Council meeting. On September 5, after hearing from 67 members of the public, and receiving approximately five hours of public testimony, the Public Comment period associated with Agenda Item 4.a was closed. The September 5 City Council meeting agenda packet can be found here. The City Council will deliberate on this matter on September 12.
In advance of the deliberations on September 12, City Council has requested additional information, attached to this memorandum as Attachments 1 – 3.
Attachment 1: A listing of Low-Income Housing Tax Credit (LIHTC) properties in Concord
Attachment 2: A chart that compares Regional Maximum Income Rent Limits, LIHTC Rents, and the Regional Consumer Price Index (CPI) Attachment 3: Policy questions for Council direction.
The policy questions outlined in Attachment 3 are the focus of the September 12 meeting.
Also included as Attachment 4 is correspondence received between September 6 and 7, 2023.
4.a4.a4.a4.a4.a4.a4.a
Hidden Creek Apts
Vintage Brook
Senior Apts
Clayton
Crossing
Lakeside
Apartments
Windsor Park
Apartments
La Vista
Apartments
Virginia Lane
Apartments
Carena Scattered Site
Renovation (Site A -
Camara Circle)
Carena Scattered
Site Renovation
(Site B - Riley Court)
Sunridge
Apartments
Clayton Villa
Apartments
Blue Oak
Square
(Formally The
Argent)-2400
Willow Pass
Project Address
1032 Mohr Lane,
Concord, CA 94518
4672 Melody
Drive, Concord,
CA 94521
2751
Monument
Blvd., Concord,
CA 94521
1897 Oakmead
Drive, Concord,
CA 94520
1531 Adalaide
and 1601 Pine
Street,
Concord, CA
94520
3838 Clayton
Road, Concord,
CA 94521
1121 Virginia
Lane, Concord,
CA 94520
2501 Camara Circle,
Concord, CA 94520
2050 Riley Court,
Concord, CA 94520
1265 Monument
Blvd, Concord, CA
94520
4450 Melody
Drive, Concord,
CA 94521
2789 Somis
Road Somis CA,
93066
Housing Type Non Targeted Senior Large Family Non Targeted Non Targeted Large Family Non Targeted Non Targeted Non Targeted Non Targeted At Risk Large Family Owner or Developer
Mohr Green
Associates, L.P.
Vintage Brook
Senior
Apartments LP
Concord Family
Apartments,
L.P.
Resources for
Community
Development
Windsor
Concord, LLC
AIMCO Equity
Services, Inc.
Eden Housing,
Inc.
Resources for
Community
Development
Resources for
Community
Development
Community
HousingWorks
Highland
Property
Development
LLC
Meta
Development,
LLC
Construction Type Rehabilitation New
Construction
Acquisition/
Rehab
Acquisition/
Rehab
Acquisition/
Rehab
Acquisition/
Rehab
Acquisition/
Rehab
Acquisition/
Rehab
Acquisition/
Rehab
Acquisition/
Rehab
Acquisition/
Rehab
New
Construction
Year Built 1968 2000 1973 1961 1960 1983 1965 1960 1960 1965 1979 Under Construction
Affordability Expiration
Date
2028 2056 2030 2060 2037 2062 2071 2074 2074 2029 2033 2080 Total Units 130 148 296 124 139 75 91 51 48 198 80 181
Low Income Units 128 147 296 122 137 74 89 50 47 196 79 179 Studios 0 0 0 0 0 0 0 0 0 0 0 0
1 bedroom 0 120 144 59 29 30 32 0 41 86 80 80
2 bedroom 54 28 112 53 109 30 59 51 7 99 0 46
3 bedroom 76 0 40 12 1 15 0 0 0 13 0 40
4 bedroom 0 0 0 0 0 0 0 0 0 0 0 15
5 bedroom 0 0 0 0 0 0 0 0 0 0 0 0
6 bedroom 0 0 0 0 0 0 0 0 0 0 0 0
Units @ 20% AMI 0 0 0 0 0 0 0 0 0 0 0 0
Units @ 30% AMI 0 15 0 10 0 0 10 0 0 0 8 22
Units @ 35% AMI 0 15 0 0 0 0 0 0 0 0 0 0
Units @ 40% AMI 0 15 0 0 0 0 3 0 0 0 0 0
Units @ 45% AMI 0 15 0 0 0 0 0 0 0 0 0 0
Units @ 50% AMI 0 15 0 27 0 0 64 48 0 20 0 36
Units @ 55% AMI 0 0 0 0 0 0 12 0 0 0 0 0
Units @ 60% AMI 128 72 296 85 137 74 0 2 47 176 79 19
Units @ 70% AMI 0 0 0 0 0 0 0 0 0 0 0 102
Units @ 80% AMI 0 0 0 0 0 0 0 0 0 0 0 0
Low Income Housing Tax Credit Units in Concord as of September 2023 Low-Income Housing Tax Credit (LIHTC)
The LIHTC program reduces the federal tax liability of a qualified housing development in exchange for the acquisition, rehabilitation, or construction of affordable rental housing units that will remain income and rent restricted for a period of no less than 55 years in California. The amount of tax credit allocated is based on the number of qualified low-income units where rents do not exceed an average of 60% of the Area Median Income (AMI). The LIHTC is the largest and most utilized source of affordable housing financing.
Currently, out of the total 24 affordable housing complexes in Concord, there are 11 existing properties, and one development that is under construction, that utilize LIHTC as a mechanism to ensure the long-term affordability of their properties. The existing complexes all provide rents that affordable to households earning 60% AMI or below.
Attachment 1
2019 2020 2021 2022 2023 Notes
CPI-U, All Items 4.00% 1.10% 3.80% 5.00% 4.20% San Francisco-Oakland-Hayward, April 12-month AB 1482 Limit 9.00% 6.10% 8.80% 10.00% 9.20% CPI + 5.00% (or 10%, whichever is lower) Low Income 2-Bedroom Rent Limit, Contra Costa County
TCAC 1,674$ 1,762$ 1,849$ 1,929$ 1,998$ 60% AMI Limit % Change 6.69% 5.26% 4.94% 4.33% 3.58% LIHTC Projects placed in service prior to 12/31/2008 HCD 1,508$ 1,610$ 1,696$ 1,928$ 1,997$ Equals 30% of 60% of AMI for a 3-person household % Change 7.03% 6.76% 5.34% 13.68% 3.55% HCD and former redevelopment agency projects Area Median Income, 4-Person Household, Contra Costa County HCD 111,700$ 119,200$ 125,600$ 142,800$ 147,900$ % Change 6.99% 6.71% 5.37% 13.69% 3.57%
Note: The percent change in affordable rent has been higher than the percent change in the regional CPI in the above period. The
dollar amount of the HCD rents were the same or lower
than those of the TCAC rents, both of which are lower than market rate rents during this same period (market-rate rents are not shown. The average market-rate rent for a two-bedroom
apartment in Concord in 2022 was $2,
401.)
Sources: Bureau of Labor Statistics, TCAC, HCD , CoStar Definitions
CPI: Consumer Price Index
AMI: Area Median Income
TCAC: Tax Credit Allocation Committee
LIHTC: Low Income Housing Tax Credit
HCD: California Department of Housing and Community Development AB (Assembly Bill) 1482: Tenant Protection Act of 2019
Consumer Price Index (CPI) vs. County Affordable Rent Limits
0.0 0%
2.0 0%
4.0 0%
6.0 0%
8.0 0%
10 .00%
12 .00%
14 .00%
16 .00%
2019 2020 2021 2022 2023
Change in CPI vs. Affordable Rent Limits
CPI TCAC (LIHTC) HC D
Attachment 2
Rent Stabilization Policy Direction Requested
1 Covered Units • Buildings with 4+ units (e.g. City’s Multi -Family Inspection and Residential Rent Registry Programs)
• Buildings with 2+ units (e.g. AB 1482, Alameda, Antioch, and Richmond)
o Can include rented single-family homes with rented Accessory Dwelling Units (treated as a duplex)
Rent Increase
Limits
• CPI plus 5%, Max 10% (e.g. AB 1482)
• 70% of CPI, Max 5%, Min 1%, include bundled fees (e.g. Alameda) • 60% of CPI, Max 3% (e.g. Antioch/Richmond)
Attachment 3
2 Petition
Types
Allowed
• Tenant petition – for property owner violations
• Capital Improvement
• Fair return petition will be included to meet State Law Capital
Improvement
Passthroughs
• Allow property owners to pass all/ a portion of costs to tenants • Annual limit – 3% over the allowable rent increase (Alameda, Richmond)
Rent Stabilization Policy Direction Requested
Just Cause Eviction Policy Direction Requested
3 Covered Units
• All units
• Consistent with AB 1482
• A subset of units that is more than AB 1482 but less than all units
Optional Additional
Requirements
• Establish a minimum cost of repairs for substantial
renovations
• Right of return for tenants displaced for repairs
Relocation assistance for
no-fault evictions
• Stick with current: 2-months rent or $5,000, whichever is greater
• Increase
• Decrease
• Increased assistance for for vulnerable populations
Effective Period • Stick with AB 1482
• Sooner than AB 1482 Page 6 of 82
General Ordinance Policy Direction Requested
4 Enforcement
Mechanism
• Hearing Officer & Civil Court (e.g. Richmond, Alameda, Antioch) • Rent Board & Civil Court (e.g. Richmond)
• Mediation and Civil Court
Effective Date of
Ordinances
(Retroactivity)
• Standard: 30-days after second reading
• Approximately two (2) months prior to adoption (Antioch ) • January 12, 2023
Petition Costs • No fee for Tenants & Owners (both included in rent registry costs) • No fee for Tenant Petitions but Owners pay for Fair Return and Capital Improvement petitions
• Or partial fee upon filing for either
From: CalproManager <[email protected]>
Sent: Wednesday, September 6, 2023 2:04 PM
To: City Clerk <[email protected]>
Subject: Rent Control
Dear Mayor Hoffmeister and City Council,
I am a local housing provider and I oppose the direction you are taking to adopt rent control and just cause in Concord.
This proposal contradicts the city’s commitment to removing obstacles to housing in Concord.
These policies affect both new housing and existing housing.
Worse, the city still does not have evidence to justify adopting policies stricter than those in the statewide Tenant Protection Act, AB 1482. Your own rent registry reports show that rent increases, on the average, fall below the statewide cap and that tenancy terminations initiated by housing providers decreased. This means the statewide law is working effectively.
Out of the 50 owner-initiated tenancy terminations in 2022, 44 were due to non-payment of rent.
This suggests that Concord renters need rental assistance, not new laws like rent control and just cause eviction. Please vote against the proposal and redirect your efforts to true solutions that help renters afford housing in Concord.
Sincerely,
Calpro Management
Attachment 4
From: Monica Fraga <[email protected]>
Sent: Wednesday, September 6, 2023 2:36 PM
To: City Clerk <[email protected]>
Subject: Vote no on rent control
I am highly DISCOURGAGING you to turn down the ordinance before you this evening. We are responsible landlords and have 6 happy tenants that have always been treated well.
We as property owners believe that the state mandate is enough to provide the necessary protections for the tenants and still make it a viable market for us to make necessary upkeep on our properties. The state rent control in place protects the tenants and landlords. You do not want Concord to turn into the next Oakland or the next Antioch. Landlords will see no reason to hold on to the properties and will take the value of the multifamily units when we all want to pull out. You will be left with big corporations that are less likely to follow even the state mandates. Mom and Pop properties make happy tenants with affordable housing.
Please turn down this measure and give us a reason to stay! Monica Fraga
Monica Fraga
Property owner of multi family units
Monica Fraga
Travel to Go, Inc.
President
925-672-9842 (Direct)
925-672-9840 (Main office)
Disclaimer:
Please note that the links/info related to covid protocol and entry requirements for the countries you are traveling to (and your return to the US) are provided as a convenience. Because requirements may change at any time, it is ultimately the traveler’s responsibility to ensure compliance. Travel To Go and its agents cannot be held accountable/liable for decisions made based on the information provided.
From: Raji Saini <[email protected]>
Sent: Thursday, September 7, 2023 1:56 PM
To: City Clerk <[email protected]>
Subject: OPPOSITION TO RENT CONTROL IN CONCORD
Dear Sir/Madam,
I oppose any and all measures pertaining to the rent control that the city of Concord is discussing and deliberating. Please make no changes to the current law or rules. Please include these comments in your consideration. Thank you.
Warm Regards,
Raji Saini
510-299-0382
From: William Clark <[email protected]>
Sent: Thursday, September 7, 2023 3:07 PM
To: City Clerk <[email protected]>
Subject: Rent Control and just cause eviction
Dear City Council members:
I am disappointed that the City Council is even considering these EXTREME rent control measures for the City of Concord when there is no empirical data that exists showing such measures are needed. It is unfortunate that people in authority somewhat blindly bend to tenant activists without seeking the facts. The City's own rent registry data shows that there are NO EXCESSIVE EVICTIONS (the few that happen were mostly for non payment of rent).
Also shown is that housing providers are NOT RAISING RENTS EXCESSIVELY but keeping within the State rent control laws. I personally have not raised my rent for nearly 4 years! Please VOTE NO to subjecting Concord housing providers to additional rent control and just cause eviction regulations that only serve to discourage additional housing.
Thank you.
Bill Clark
--
Bill Clark
510-409-0973
From: WARREN WEN <[email protected]>
Sent: Thursday, September 7, 2023 3:09 PM
To: City Clerk <[email protected]>
Subject: Housing provider
Dear City Clerk:
We understand that you trying to make housing affordable. Using supply and demand model would be better for affordable housing. Reasons:
1. Rent control isn’t investable for investor because of restriction on return on investment.
2. Owner will not invest more due to unrecoverable expenses.
3. Make less sense to buy into the city due to low return.
4. Less likely to bring high end remodel due to restriction of market rent.
5. Let market dictate the price. If is over built, rent will decrease. If is short in housing, prices will invite more investment into housing stock
6. If an owner did not price at market price, or forgot to price accordingly, he is punished by restrictions of rent control due to low starting point. This isn’t fair because the price of labor and material has increased significantly like 30%
7. It is detrimental when CPI is more than the increase. Or restricted to 60% of CPI. That means 40% is taken away from keeping up the cost by the rent control.
8. We already have statewide rent control of 5% for those forgot to keep up the market.
9. If you like to help the renter , have government provide more voucher like section 8
10. We are have lots expenses: property tax, insurance, maintenance, vacancy, utilities, inspection fees. Eviction fees. Is a burden to property owner.
Warren Wen
From: Gary Aulakh <[email protected]>
Sent: Thursday, September 7, 2023 3:32 PM
To: City Clerk <[email protected]>
Subject: No On ANY Further Rent Control!
Dear Mayor Hoffmeister and City Council,
I am a local housing provider and I oppose the direction you are taking to adopt rent control and just cause in Concord.
This proposal contradicts the city’s commitment to removing obstacles to housing in Concord. These policies affect both new housing and existing housing.
Worse, the city still does not have evidence to justify adopting policies stricter than those in the statewide Tenant Protection Act, AB 1482. Your own rent registry reports show that rent increases, on the average, fall below the statewide cap and that tenancy terminations initiated by housing providers decreased. This means the statewide law is working effectively.
Out of the 50 owner-initiated tenancy terminations in 2022, 44 were due to non-payment of rent. This suggests that Concord renters need rental assistance, not new laws like rent control and just cause eviction. Please vote against the proposal and redirect your efforts to true solutions that help renters afford housing in Concord.
Sincerely,
Gary Aulakh
From: Corporate Offices <[email protected]>
Sent: Thursday, September 7, 2023 3:59 PM
To: City Clerk <[email protected]>
Subject: STOP RENT CONTROL
Dear Mayor Hoffmeister and City Council,
I work for a local housing provider and I oppose the direction you are taking to adopt rent control and just cause in Concord.
This proposal contradicts the city’s commitment to removing obstacles to housing in Concord.
These policies affect both new housing and existing housing.
Worse, the city still does not have evidence to justify adopting policies stricter than those in the statewide Tenant Protection Act, AB 1482. Your own rent registry reports show that rent increases, on average, fall below the statewide cap and that tenancy terminations initiated by housing providers decreased. This means the statewide law is working effectively.
Out of the 50 owner-initiated tenancy terminations in 2022, 44 were due to non-payment of rent.
This suggests that Concord renters need rental assistance, not new laws like rent control, and just cause eviction. Please vote against the proposal and redirect your efforts to true solutions that help renters afford housing in Concord.
Sincerely,
2004 GROUP LLC
Lydia Moore
Director of Operations
CORPORATE OFFICES
Tel: 925.452.2208
Cell: 925.519.1713
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From: Sean Allaband <[email protected]>
Sent: Saturday, September 9, 2023 9:17 PM
To: Concord City Council Email <[email protected]>; City Clerk <[email protected]>
Subject: Opposition to Proposed Rent Control Measures
Hello City of Concord representatives,
I am writing to formally oppose the proposed rent control measures as they are being considered due to the severity of the financial hardship it places on small building owners like me.
Renovating my units was an already expensive endeavor that forced me to raise rents to cover my costs, but ended up giving my tenants a more habitable place to live, free of the mold, rats, and decay left by the old owners. Despite the increased rent, my tenants greatly benefited from those improvements, and other landlords should not be punished for making similar renovations.
The 3% rent increase is too low to accommodate these dramatic housing improvements, and penalizing renovations will leave tenants in disgusting and barely inhabitable units. Although these measures should be rejected outright, any measures that do get passed should be vastly more favorable to landlords if the goal is to improve the Concord housing stock.
Best regards,
Sean
--
Sean Allaband, CPA
Founder and President
Office: (510)706-2877
Cell: (510)265-4705
Fax: (415)534-9053
www.CodeAccounting.com
facebook.com/codeaccounting
@codeaccounting
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Benched Correspondence
Agenda Item No. 4.a
September 12, 2023
From: Emerald Properties <[email protected]>
Sent: Sunday, September 10, 2023 11:51 AM
To: City Clerk <[email protected]>; Hoffmeister, Laura <[email protected]>
Cc: Rhovy Lyn Antonio <[email protected]>
Subject: City of Concord Rent Control Hearing
September 10, 2023
Dear Mayor Hoffmeister and City Council,
Here are some important facts:
1) AB 1482, As recent as 2019, our State, after much input from all sides, enacted this AB 1482 law. Effectively regulating rent increases.
2) City of Concord research finds that Rental Rates in our City are considered to be accessible to low and moderate-income households and generally accessible to working families. 3) Our Concord Apartment Rental Maintenance Ordinance gives our tenants an extra level of protections but at a huge annual cost to us Property Owners. The suggestion that a new expense of $250 per unit would be added, is self-defeating. We all know that these “Tenant Protection” ordinances continue to increase. The tenants ultimately are burdened by these costs, as a business expense to the Housing Provider.
4) The examples of operating older properties like ours, are prohibitive today with increasing labor costs, material costs, maintenance, etc. Curtailing our income will force us, and many other Housing Providers, to cut back on our maintenance and modernizing polices to the detriment of our community.
Bottom Line: We and all Housing Providers, big time, are suffering from the loss of unpaid Rent associated with Covid-19. Dozens of tenants still owe tens of thousands of dollars. This certainly is not the time to saddle us with Rent Control. Concord Tenants are getting a very fair bang for the buck. Make decisions based on statistics and facts.
Please vote NO on this Rent Control Measure.
Thank you,
John Sullivan
510-538-9496
From: Anne Shafizadeh <[email protected]>
Sent: Friday, September 8, 2023 1:58 PM
To: Spilman, Grant <[email protected]>
Subject: Re: 9/12 Concord City Council Meeting - Affordable Housing Ordinance Amendments
I should add that many studies have been on the impact of rent control and none have been positive for the community oir for the renter. Yes, there are benefits to those in possession but not to those entering the community. So a few benefit at the expense of the remaining citizens. Further, in our housing offerings, we did not raise rents annually before. but now, with annual limits, we cannot afford to bypass an increase because of the exponential effect that has on our entire business. you seem to forget that housing is a business. Interfering with market forces has never benefitted all concerned. A few benefit but it is an overall downer.
your chg per unit of $250 TRANSLATES into a $21/mo rent increase. You have adopted the rental p;olicies of Richmond--a city where we had rental units and escaped by selling them to owner-occupied buyers. So these are no longer rental units and escape your punitive controls. the units we have are lovely. The current occupants s=as =k if we want to sell so they can buy and our answer so far has been no yet. Perhaps if your continued interference with market forces progresses, we will be relocating to better governed cities which surround Concord. Martinez is attractive relative to N Concord. Concord's governance does not understand the long term consequences of rent control which result in decline. Just look at the glowing example of Oakland, SF, NY.
---------- Forwarded message ---------
From: Anne Shafizadeh <[email protected]>
Date: Fri, Sep 8, 2023 at 1:44 PM
Subject: Re: 9/12 Concord City Council Meeting - Affordable Housing Ordinance Amendments To: Spilman, Grant <[email protected]>
PLEASE ENTER THIS APPEAL INTO THE CITY RECORDS AS OPPOSING RENT CONTROL AND JUST CAUSE EVICTIONS.
When one looks at Concord, especially north Concord, one sees a very poor community. By poor, I mean a place where care, concern, and interest is lacking. Let us start with the schools. Their rating is deplorable. They flunk. Your teachers dumb-down the curriculum, and good teachers move to better districts and living conditions.. and Just west of this area in Martinez, life is better, schools are good, quality of life is good and appreciated. why the difference--government interference especially ion the housing sector. Why are the prosperous surrounding cities doing so much better than Concord? When I look at buy a property, I look at the school quality first. Families want good education for their kids because education
is the road to prosperity and life quality. Concord schools flunk which drives families elsewhere.
On Fri, Sep 8, 2023 at 12:20 PM Spilman, Grant <[email protected]> wrote:
Good afternoon.
The Affordable Housing Ordinance Amendments, scheduled to be heard at the September 12th Concord City Council meeting, has been continued to December 12, 2023. A hearing notice and the agenda link will be sent when it becomes available.
View Meeting - OnBase Agenda Online (concord.ca.us)
Thanks.
Grant Spilman | Administrative Coordinator
Community Development Department | Planning Division
(925) 671-3451 | [email protected]
City of Concord | Website: www.cityofconcord.org
1950 Parkside Drive, M/S 53, Concord, CA 94519-2578
How are we doing? Your feedback is important to us.
Please following this link for a quick survey.
https://www.surveymonkey.com/r/planningdivision
Thank you in advance for your time!
www.cityofconcord.org | www.concordfirst.com
From: reed robertson <[email protected]>
Sent: Monday, September 11, 2023 12:04 PM
To: Concord City Council Email <[email protected]>; e [email protected] Subject: Re: Sept 5th rent ordinance meeting.
The
the City Council and Staff,
I heard a small nod from the city acknowledging that people will likely build no ADUs in the city if they become controlled. No other questions were covered in the staff report and RSG.
About midway through public comments there was a lady in a green shirt speaking about how she was evicted 7 years ago and been looking for a "Permanent" place in the city for 5 years. Why would anyone rent to someone long term when they can only increase rents 3% when other costs are dramatically higher. Answer they will not, exactly why she has looked for 5 years with nothing and will likely never live in the city again. Untold amounts of people have suffered, and continue to suffer the same effect.
There is a long list of failures of price controls, and this is probably the saddest one, it promotes discrimination against the very people it's supposed to protect. It is exactly what I spoke about when I went 3rd.
Reed
District 2
On Sun, Sep 3, 2023 at 7:23 PM reed robertson <[email protected]> wrote:
Hi, To the Concord City Council and Staff.
Some questions
1. Any real estate affected by this ordinance will no longer be worth what it was. How does the city plan to make up the shortfall on tax revenue going forward? What city services do you plan to cut or taxes do you plan to levy on the residents and business? Some combination of the two?
2. Do you have a plan to encourage investment in new apts in the city? With increased taxes and decreased services, plus price controls of unknown variety on multi-family apts why would anyone build into that?
3. And looking at the City council our city(Like California voters) historically has voted against price controls on real estate. Can you talk about why we may to have wait longer for an ambulance if we are choking at christmas dinner? If our home is being invaded how long will the police take to get there? Or pay more real estate or sales tax for something that we don't want and didnt vote for?
Thank you for your time.
Reed Robertson
District 2
Concord
From: Srini Konakalla <[email protected]>
Sent: Monday, September 11, 2023 2:40 PM
To: City Clerk <[email protected]>
Subject: Opposition to Concord Rent Control Measures
Hello, I'm the owner of an 8-unit building in Concord. I am reaching out to express my opposition to the proposed rent control measures in Concord.
1. Limiting rent increases to 3% or 60% of CPI (Consumer Price Index).
2. Charging you up to $250 per unit to fund the city’s rent control program.
3. Penalizing you for an owner-move in or renovating your unit at minimum of $10,000 per tenant.
4. Narrowing the allowable reasons for reclaiming possession of your property from a renter.
5. Mandating that you roll rents back to January 2023 or earlier.
We strongly feel that these new measures will create more friction between the owners and the tenants. Concord already has annual inspections and a rent registry program which are already burdensome for small operators. With interest rates hovering at 7%+, high cost of every repair, annual increases of Concord Water & Garbage, it is becoming financially infeasible to operate older buildings in Concord.
I hope the city council creates a conducive environment for the small operators to be in Concord.
Regards, Srini
From: Kevin Panahi <[email protected]>
Sent: Friday, September 8, 2023 3:03 PM
To: Concord City Council Email <[email protected]>; McAuley, Wendy <[email protected]>; Aliano, Dominic
<[email protected]>; Obringer, Carlyn
<[email protected]>; Nakamura, Laura
<[email protected]>
Subject: New Rent Control Ordinance
Dear City Council:
I represent a few landlords who own and manage multifamily units in the City of Concord. They are very concerned about this unprecedented new rent control law that is currently being debated.
Do you have time sometime next week, ideally before your final decision on the 12th, to meet with me and allow me to give you their perspective on the challenges of the proposed ordinance and the financial burden that will impact them as a result? As I am sure you are well aware this new ordinance has many landlords concerned about the future of the industry with rent caps that are below CPI and the long term impacts that exist.
Thank you,
Kevin Panahi
Kevin Panahi
Panahi Law Group
9465 Oak Ave.
Orangevale, CA 95662
phone: 916.692.2111
fax: 408.659.8337
From: William Kubasek <[email protected]>
Sent: Monday, September 11, 2023 3:19 PM
To: Concord City Council Email <[email protected]> Subject: Rent stabilization discussion
Dear Concord City Council,
I would like to express my perspectives and concerns about the rent control discussion. As a rental co-owner I would like to urge you to implement a fair and just level of oversight. The 6 units we have on 3rd street are family owned (my father built them in the 50s) and we have made every effort to be understanding of the current (and ongoing) pressures on all people. However, we find it ever more difficult to justify our family’s investment. For example, one of our tenants did not pay rent from March of 2020 until January of 2023 starting with Covid and continuing on simply because he didn’t want to pay the rent. As another example, the city of Concord required us to replace a driveway for our 6 unit apartment complex and it cost $26K. I am fine with this but I would say that I would have not replaced this driveway for my own home given the condition that it was in.
As family owners, we are under the same inflation pressures and life challenges as our tenants. At this point, if we are required to limit any increase to 3% of 60% of CPI regardless of the inflation conditions, it would make investments like these rentals impractical. I think in the long run this would have a negative impact on the tCity of Concord as well as all of the tenants.
Again, I understand and appreciate the issues and concerns. I just urge you to be balanced and fair in order to make it a workable situation for all
Best, regards,
Bill Kubasek
From: David Kirk <[email protected]>
Sent: Monday, September 11, 2023 4:27 PM
To: City Clerk <[email protected]>
Subject: Rent Control Debate
“EXTERNAL EMAIL: This email originated from outside of the organization. Do not follow guidance, click links, or open attachments unless you recognize the sender and know the content is safe.”
Hello,
My name is David Kirk and I live in Orinda, CA and have been a multi-unit property owner for over 30 years. I currently own 48 units in Oakland, CA. My properties have been located in the rent control communities of Oakland and San Francisco, CA.
I would very much like to add my thoughts and to ask for you to reject rent control in Contra Costa:
1) Rent control will over time make it less likely that people will move as their rents become "under market" and this will ultimately DECREASE housing stock, make empty apartments (assuming not subject to rent control) more expensive for people who are moving, and make it more likely that owners of under market units, as their expenses increase over time, will not make the investments into their properties for upkeep.
2) Rent control and the administration of the program in Oakland is so burdensome for property owners as to make me seriously consider selling everything after so many years.
Example: I had a resident 3 years ago who attacked another resident in the hallway, flashed a knife at his girlfriend and said he would kill her, tore all the ligaments in the other residents knee that required extensive hospitalization and was ultimately arrested and spent the night in jail. Once I tried to evict him, he retained a free lawyer and during the settlement conference I ended up having to pay him $10,000 to leave or else, his attorney warned us. he would defend it so that my attorney bills would far exceed the $10,000, so ultimately I paid it.
Please reject price controls that every economist warns will exacerbate inequities and not accomplish the goals of stabilizing housing for renters.
Thank you,
David Kirk
30 Meadow View Rd
Orinda, CA 94563
(415) 533-5475
From: Greg Brumley <[email protected]>
Sent: Monday, September 11, 2023 5:42 PM
To: City Clerk <[email protected]>
Cc: Carlyn Obringer <[email protected]>; Birsan, Edi <[email protected]>; Aliano, Dominic <[email protected]>; Hoffmeister, Laura <[email protected]>; Nakamura, Laura <[email protected]>; Cindy Brumley <[email protected]>; Tammy Brumley <[email protected]>
Subject: Rent control ordinance to be discussed 9-12-23
Hello City Clerk,
Please submit this attached letter for consideration by the Concord City Council as part of the public comment.
Thank you,
Greg Brumley
925-250-1425
[email protected]
Greg Brumley, Brumley Properties LLC 9/11/23
[email protected]
1519 Davis Ave
Concord CA 94519
Dear Concord City Council Members and Mayor,
I am in the business of providing housing in the City of Concord. My family owns two apartment properties consisting of a total of (28) units. We have owned and managed the properties for over 60 years. We have a great group of tenants that make their home at our properties and appreciate the atmosphere, the sense of security, and the well-maintained improvements.
I am writing to express my opposition to the proposals being considered for Rent Control and Just Cause Eviction. I urge you to use caution and restraint. The proposals are said to mirror Antioch and Richmond ordinances? Both of those cities have serious “quality of life” problems that their citizens must endure, and they should not be held as an example for Concord to emulate! Concord is the Hub of central Contra Costa and shares more with Pleasant Hill, Martinez, and Walnut Creek. We should not be attempting to model our city after communities with neighborhood blight, crime, civic disfunction, and other problems on display daily in Richmond & Antioch.
An annual rental increase limit of 3% is arbitrary, unfair, and FOOLISH. Any annual limit should be created to balance the needs of both owners and tenants, making allowances for the Bay Area inflation rate. Insurance rates are skyrocketing in California. Utility costs are rising. Maintenance costs are rising.
Interest rates are rising. Most apartment owners are forced to finance their buildings with adjustable interest rate loans. When interest rates rise, their payments increase. An arbitrary annual rental increase limit of 3% is not fair and will deprive the property owner of the ability to offset the annual increased costs of operating their business.
Any increased fees needed to support the bureaucracy of a new housing ordinance should be shared by all. Annual rental ordinance fees should be split between tenants and property owners. When disputes arise, the fees associated with mediation should be shared by the parties.
The data compiled by your own staff research demonstrates that rent control and more stringent “Just Cause” eviction protections are not needed in Concord. Of 18,000 rental units only (50) evictions, and forty-four of those were for non-payment? What is the problem you are attempting to solve? Please use restraint and avoid creating a rental housing crisis in Concord. The free market is working and should not be manipulated for political gain or favor. Concord property owners are not gouging or taking advantage of tenants. Thank you for your thoughtful consideration.
Regards,
Greg Brumley
From: Jas <[email protected]>
Sent: Monday, September 11, 2023 7:26 PM
To: City Clerk <[email protected]>
Subject: Rent Control
Dear City Council members:
I don’t own units in Concord so I am relatively impartial on this issue but I can tell you what a big mistake this was in Richmond.
I have been a landlord in Richmond since 1998. Like most landlords I have had a few issues over the years but have have been fair with rents and given many people a second chance.
I can tell you that this has all changed after rent control. I was put into a situation where I could no longer give someone a second chance. If they do not meet all the criteria I decline the application. I cannot take a chance as removing a bad apple is too difficult now. Unfortunately this hurts exactly the people that these laws are supposed to help.
Also I now have tenants who could easily move stay long after they would normally have moved. This is not a particular problem for me but it is for the next tenant who needs the space. Some of my units are what I would consider first or second homes. So the next starting family does not have a place because the existing family never leaves as they are locked in forever. For instance I have a family of six crowded in to a 1 bedroom unit. I know that I can remove them as this is not considered habitable but in reality trying to prove this would be next to impossible as they would deny that they all live in the apartment.
I realize that large and corporate landlords are to blame for many of the problems but there is no way to target them without hurting everyone else. Running property well and effectively is difficult and expensive. There is a reason why just about every city in the country has abandoned the idea of government housing.
Please consider my real life experiences while you debate this issue.
Sincerely,
Jas Sikand
From: Barbara Simpson <[email protected]>
Sent: Monday, September 11, 2023 9:35 PM
To: City Clerk <[email protected]>
Subject: Rent Control & Eviction
Our family property (over 50 years) is against regulations proposed.
I will use one example of for the necessity of an eviction, which eventually caused over $20,000 in expenses, loss rent, damaged within the apartment and the unfortunate discomfort of tenants living around him.
During Covid and 23 & 24 we increase rents only by5%. Our rents are substantially under market rate.
We certainly do our share of being more than fair to our tenants and albelong to Multi-Housing inspections and 2 units in Section 8.
Sincerely, B. Simpson,for Sasha Stiles-Simpson Anchor Apartments, 2024 Sierra Rd.
Concord, CA
Mailing Address: 3000F Danville Blvd, #123, Alamo, CA 94507
From: Alex Werth <[email protected]>
Sent: Tuesday, September 12, 2023 7:31 AM
To: Hoffmeister, Laura <[email protected]>; Obringer, Carlyn <[email protected]>; Aliano, Dominic <[email protected]>; Birsan, Edi <[email protected]>; Nakamura, Laura <[email protected]>; City Clerk <[email protected]>; Huckabay, Sophia <[email protected]> Subject: Important New Data on Corporate Landlords in Concord
Dear Members of the City Council,
At last week's meeting, members of the California Apartment Association and other rental property interests repeatedly claimed that tenant protection policies hurt "mom and pop" landlords. This is a campaign of deliberate misinformation that is designed to protect a small number of large, non-local corporate landlords who control the vast majority of rental housing in our community. Thankfully, there's new research th
at provides a first -of-its-kind analysis of the
true owners of residential rental property in Concord. Please see the attached letter for an in- depth discussion of the findings.
H
ere is a quick summary of the top-line statistics:
• 66% of multi-family apartments in Concord are owned by just 10% of owners. That means that over 16,700 residents live in homes that are controlled by just 50 companies. • The largest landlord in Concord is Campbell-based Vasona Management, which owns 14 properties and 569 units in the city. Vasona Management owns apartments in 18 cities around the Bay Area and recently admitted to violating state and federal civil rights laws by prohibiting children from playing outside at its complexes. • 86% of all multi-family apartments, and 78% of all rental homes, are owned by investors from outside of Concord. Of the ten largest multi-family apartment owners, only two are based in Concord.
• Around 8,800 single-family homes and condos in Concord are treated as rental assets. Of these, 67% and 81%, respectively, are owned by non-local investors.
In January 2023, the City Council recognized that--in light of the overwhelming evidence that economic displacement of renters is undermining fair housing in Concord, as documented in the Housing Element Update--the community needs rent stabilization and just cause eviction policies. At tonight's meeting, please do not allow the conversation about how to create meaningful tenant protections to be steered off-course by misleading claims about "mom and pop" landlords. Rent stabilization and just cause are not "burdens" for the "little guy." They are common sense consumer protections needed to regulate a market that is increasingly dominated by a small number of large-scale, non-local speculators.
Thank you for your consideration and action,
Alex Werth
Policy and Research Advisor
East Bay Alliance for a Sustainable Economy
September 12th, 2023
Re: Residential Rental Property Ownership in Concord
Dear Members of the Concord City Council,
The question of tenant protections is commonly characterized as a debate between tenants and landlords. This is a partial view. When Concord ensures that all of its residents have access to a safe, stable, and affordable home, the entire community wins. Tenant protection policies benefit schools, who know that their students succeed when there is stability at home; employers, who know that their workers will be able to remain in the community; small businesses, who know that their customers will keep coming back, with more money in their pockets; and homeowners and city governments, with fewer impacts of homelessness on city streets and services.
Still, the identities and experiences of tenants and landlords are relevant to these policies. The recent Housing Element Update process provided a wealth of relevant and detailed information about tenants in Concord and their experiences of housing affordability and insecurity. 1 Here are
some highlights:
● Over 40% of households are renters, amounting to approximately 51,000 residents. ● 60% of renter households are low-income. 25% are extremely-low-income. ● 65% of Black households and 56% of Latine households are renters, as opposed to 34% of White ones.
● 27% of renter households are forced to spend more than 30% of their income on housing.
Another 27% are forced to spend more than 50%. Combined, 54% of renter households are cost-burdened.
● 57% of Black and 47% of Latine households are cost-burdened, as opposed to 35% of White ones.
● 71% of low-income households and 87% of extremely-low-income households are cost- burdened.
● 60% of householders between the ages of 15 and 44 are renters. ● 28% of seniors are renters. Among seniors who rent, 58% are very- or extremely-low- income, amounting to approximately 2,000 households.
1 City of Concord. July 2023. Draft Housing Element (2023-2031).
In sum, we know that there are tens of thousands of community members who rent their homes.
We know that they are much more likely to be low-income, immigrant, Black, and Latine. And we know that most of our young families and many of our seniors, especially those on fixed incomes, are renters. Finally, we know that far too many of these community members are forced to pay too much for housing, making them vulnerable to displacement and homelessness.
But what do we know about property owners in our community? Until now, the answer has been very little. Most landlords purchase properties using shell companies (LLCs or LPs), which are designed to make it difficult to identify the individual, corporation, or investor that truly owns those properties. In this information vacuum, the California Apartment Association (CAA) and its members continue to argue that Concord landlords are “mom and pops”–meaning local residents with few properties, limited means, and small margins. At times, these lobbyists have gone so far as to suggest that it is landlords–not tenants–who are socio-economically marginalized. Indeed, several property owners made such claims at the City Council meeting on September 5th, 2023.
The debate over tenant protections in Concord should not fall victim to this deliberate misinformation. Thankfully, the Anti-Eviction Mapping Project (AEMP) recently produced a realistic estimate of residential rental property ownership in Concord. 2 AEMP is the first research
organization to develop a method to accurately identify when multiple properties that are owned by different shell companies are, in fact, owned by the same corporation. In other words, AEMP’s report–which is based on data from Regrid, a nationwide parcel ownership database–peels back the corporate veil to reveal important information about the true patterns of property ownership in our community.
Here is a summary of their top-line findings:
1. The vast majority of multi-family rental units are owned by a small cohort of corporate landlords. AEMP found that just 20% of property owners control over 80% of the rental units in Concord. Even more concerning, 66% of all multi-family units are controlled by just 10% of landlords. This means that over 16,700 residents live in apartments that are owned by just 50 companies.3 This represents a remarkable level of corporate consolidation, even by national standards. Across the U.S., corporations own an estimated 45% of the nation’s rental units.4 This means that Concord is on the leading edge of a national trend towards the concentration of rental homes in the hands of a smaller and smaller number of multi-million and multi-billion dollar companies. The CAA may claim that tenants’ rights will hurt “mom and pops.” But this is a myth designed to hide the fact that rent stabilization and just cause policies are needed to
2 Anti-Eviction Mapping Project. September 11, 2023. Property Ownership and Consolidation in Concord. 3 AEMP conducted this analysis by determining the total number of landlords and then dividing them into ten equally sized groups, or “deciles.” Each decile consists of 50 property owners. AEMP then sorted the complete list of property owners in terms of the number of units that they own. The top decile represents the 50 owners with the largest portfolios of rental units in the community. 4 Drew Desilver. August 2, 2021. “As National Eviction Ban Expires, a Look at Who Rents and Who Owns in the U.S.” Pew Research Center.
regulate large, non-local corporations–who, according to the United States Congress, use unfair rent hikes, evictions, and tenant harassment as an integral part of their profit model.5
In one specific case, the largest corporate ownership network in Concord–which includes 14 properties and 569 units–is controlled by Vasona Management. Based in Campbell, Vasona owns properties in 18 cities around the Bay Area. Earlier this year, the company reached a settlement with the California Department of Civil Rights over their practice of prohibiting children from playing outside at their properties–even evicting families over infractions–in violation of state and federal laws that bar discrimination against families with children.6
2. Runaway rents convert the earnings of hard-working Concord residents into profits for non-local investors. AEMP found that a shocking 78% of rental units in Concord are owned by investors who are based outside of the city. This trend is most extreme among multi-family rentals, 86% of which are owned by non-local investors. Of the top ten multi-family landlords, only two are based in Concord. By cross-referencing the owners of multi-family complexes in Concord with similar databases in Oakland and San Francisco, AEMP further uncovered that some of Concord’s “small landlords” are actually part of much larger ownership networks. For instance, a San Leandro-based investor Michael Marr owns just eight rentals in Concord, but he controls nearly 300 in San Francisco and Oakland. According to a 2016 report by the East Bay Express, Marr amassed a massive portfolio of 1,300 rental units around the region–worth some $300 million–by aggressively purchasing distressed properties during the foreclosure crisis. By 2016, he was the largest non-governmental landlord in Oakland.7 But this was not just a matter of entrepreneurial skill or acumen. In 2017, Marr was convicted of conspiring to rig bids at foreclosure auctions in Alameda and Contra Costa Counties in a suit brought by the U.S. Department of Justice.8
5 Matthew Goldstein. July 29, 2022. “Large Landlords Aggressively Moved Against Renters in the Pandemic, a Report Says.” New York Times.
6 Bob Egelko. February 14, 2023. “Bay Area Apartment Owners Who State Say Barred Children from Playing Outside Will Pay Families.” San Francisco Chronicle. 7 Darwin BondGraham. May 11, 2016. “Oakland’s Biggest Landlord Is Fighting for His Life in Federal Court.” East Bay Express.
8 U.S. Department of Justice. June 2, 2017. “Three Northern California Real Estate Investors Convicted of Rigging Bids at Public Foreclosure Auctions.”
3. Outside investors are scooping up single-family homes. AEMP identified around 6,100 investor-owned single-family rentals in Concord. Note: this number is almost identical to the number of single-family rentals identified in the City of Concord’s 2019 Rental Housing Data Book, which found that single-family homes and townhomes made up 33.5% of local rentals.9 Of these, two thirds are owned by non-local investors. These include massive corporations like the Wall Street giant Invitation Homes, which, with 13 single-family rentals, is the second largest single-family landlord in the city. AEMP also found that almost 2,700 condos–45% of total–are owned by investors who treat them as rental assets. Of these, 81% are owned by non-local investors. One family in Zephyr Cove, NV owns 31 condos in Concord. Real estate speculators have taken a strong interest in single-family and condo rentals in California cities in part because they are exempted from local rent stabilization measures per Costa-Hawkins.
Corporate consolidation of single-family properties in Concord mirrors a national trend toward the conversion of single-family homes from asset-building opportunities for working families to commodities for large-scale speculators.10
In sum, AEMP’s study conclusively shows that the CAA’s standard talking points about “mom and pop” landlords in Concord are designed to obscure the fact that the vast majority of rental homes in the community, including single-family homes, are owned by a small number of large, non-local corporations. Meanwhile, vulnerable residents of Concord–people of color, immigrants, workers, school children, seniors–are exposed to the harms of displacement and homelessness, putting the City at risk of falling further behind on its legal mandate to affirmatively further fair housing.11 As elected leaders, you now have an opportunity–and responsibility–to make Concord’s laws and rental housing stock work for its people, not speculators, by passing robust rent stabilization and just cause ordinances that are guided by the experience and expertise of impacted tenants rather than corporate lobbyists.
Sincerely,
Alex Werth
Policy and Research Advisor
East Bay Alliance for a Sustainable Economy (EBASE)
9 City of Concord. 2019. Rental Housing Data Book, p. 4. 10 Carlos Waters. February 21, 2023. “How Wall Street Has Purchased Hundreds of Thousands of Single- Family Homes Since the Great Recession.” CNBC.
11 California Department of Housing and Community Development. April 2021. Affirmatively Furthering Fair Housing: Guidance for All Public Entities and for Housing Elements.
From: Holly Chen <[email protected]>
Sent: Tuesday, September 12, 2023 11:23 AM
To: City Clerk <[email protected]>
Subject: Strongly oppose rental control in Concord
Hello City council members
I Strongly oppose rental control in Concord.Please vote NO. Thank you!
1) RC (rent control) never works out in the United states. The more strict Rental control,the rents are also the highest; Like SF and New York. Rents should be adjusted by the market instead of control by the people
2) RC will kill the rental market at Concord
RC will force landlords to get out of this area, same as Builders. This will dramatically reduce the rental house supply. This will trigger the rental price increase because of reduced supply.
3) Now Inflation is really high, and landlords need to raise rents to cover various expenses to keep the rental property from selling it.
4) Renal control violates the Constitution and take private property without compensation; Housing is expensive, The question is, who should be responsible for supporting the low income tenants.
According to the US constitution, if the governments take private properties for public use, they should give property owners compensation. But Rent control takes private properties for public use without compensation.
5) Landlords want to do the rental business smoothly. They will not evict the tenants without fault. If the landlord does eviction, the loss for the landlord is huge.
Usually Landlords don’t want to change tenants as replacing tenants has no rental income and lots of repairs to get it ready for the next tenant. .
Regards,
Holly Chen
408-887-7323
Realtor | MSCS | BBA
C
alBRE# 02002483 | NMLS# 1647786
[email protected]
From: christine coleman <[email protected]>
Sent: Tuesday, September 12, 2023 12:42 PM
To: Concord City Council Email <[email protected]> Subject: Just Cause Ordinance
Importance: High
I am absolutely appalled at the provisions of the Just Cause provisions that are under review by the Concord City Council. They are incredibly restrictive and incredibly unfair to small mom-and-pop landlords such as myself.
I saved money for decades and became a landlord in East Oakland. I used my legal training to be fair, ethical and law-abiding--all while trying to pay my mortgage loans. As a reward, my tenants used a lot of dirty tricks to delay or avoid paying their rent, create nuisances and damage my rental units. My tenant files were thick with Three Day Notices and upset neighbors. I was so tired of the excuses, lies and frustration, I attempted to hire a Property Management company to deal with the situation. No company would take on these East Oakland tenants, so I ended up self-managing for a decade.
Evictions for non-payment were difficult-
to-impossible to carry out in tenant-friendly court rooms and usually resulted in large payouts known as “cash for keys.” The rental units were often left in dire condition whether the tenant left voluntarily or not. The damage deposits never came close to covering the repairs and despite the deplorable condition, my tenants would routinely demand their full deposit returned. When I refused and provided a second copy of pictures (of the damage) and the receipts (of the repair work), they would try to sue me in Small Claims court. I lost money on every property I owned. I eventually removed ALL units from the rental market and sold them.
Now, much like Oakland, Concord is also considering passing Just Cause legislation. Oakland’s legislation was very difficult to navigate and resulted in nothing but landlord headaches and lost earnings. Concord’s proposed laws are even more tenant-friendly and terribly restrictive for the landlord.
I work hard to save the money to buy the property that I fix up to put on the market as a rental unit. I have a substantial amount of money and time invested in each unit and I expect to make a profit—it’s a business. I have no problem with fair, ethical laws that offers tenants reasonable protections, but landlords’ investments and right to do business need to be protected against abuse as well.
It seems to me that Concord wants to enact legislation to make it very difficult for landlords to do business in the city with the ultimate goal of putting landlords permanently out of business.
The City of Concord’s pre-emptive message has been received. I will not create or put any rental units on the market in the City of Concord.
Thanks for the heads-up,
Christine Coleman
From: rgfabra <[email protected]>
Sent: Tuesday, September 12, 2023 12:29 PM
To: City Clerk <[email protected]>
Subject: City of Concord proposals for rent control, fees, and property owners rights
Attn: Concord City Council
As an investor and landlord, I am against the City of Concord approving rent control, fees and limiting owners from controlling their properties. All the initiatives that the city of Concord adopts, creating barriers in the supply of housing, will force investors and homebuilders to choose other cities.
The City of Concord already has regulations in place to protect tenants. At your next meeting, vote no to additional housing regulations that will impede the good development and well-being of the future citizens of Concord.
Ricardo Gomez
[email protected]
From: Juan Li <[email protected]>
Sent: Tuesday, September 12, 2023 1:12 PM
To: City Clerk <[email protected]>
Subject: No rental control in Concord
Hello City council members
I Strongly oppose rental control in Concord.Please vote NO. Thank you!
1) RC (rent control) never works out in the United states. The more strict Rental control,the rents are also the highest; Like SF and New York. Rents should be adjusted by the market instead of control by the people
2) RC will kill the rental market at Concord
RC will force landlords to get out of this area, same as Builders. This will dramatically reduce the rental house supply. This will trigger the rental price increase because of reduced supply.
3) Now Inflation is really high, and landlords need to raise rents to cover various expenses to keep the rental property from selling it.
4) Renal control violates the Constitution and take private property without compensation; Housing is expensive, The question is, who should be responsible for supporting the low income tenants.
According to the US constitution, if the governments take private properties for public use, they should give property owners compensation. But Rent control takes private properties for public use without compensation.
5) Landlords want to do the rental business smoothly. They will not evict the tenants without fault. If the landlord does eviction, the loss for the landlord is huge.
Usually Landlords don’t want to change tenants as replacing tenants has no rental income and lots of repairs to get it ready for the next tenants.
From: Alex Hurren <[email protected]>
Sent: Tuesday, September 12, 2023 1:38 PM
To: City Clerk <[email protected]>
Cc: Ivana Duarte <[email protected]>
Subject: Concord City Counsel Rent Control Policy/Law: Concerns from Overlooked Military Families
Dear Concord City Council,
I am writing to voice my concerns regarding the rent control and "just cause" eviction proposals in Concord. In 2020 my wife and I became homeowners in Concord. In 2021, I received involuntary military orders, forcing me back on active duty for the Marine Corps, and requiring our family to temporarily relocate out of state for the next several years.
As we are not financially able to afford both our Concord mortgage and rent at the new duty station, we were forced to rent out our Concord property at a loss in order to avoid selling our dream home. We saved for years in order to purchase a home in Concord as we love the community and it's close to our family.
We have no issue with fair rent stabilization, we rented for many years and understand that people deserve stable and fair rents. We haven’t raised the rent on our tenants and take a loss every month.
Ideally, we’d break-even but that’s not realistic with this National economy and the California housing market.
We loved living in Concord and plan to return upon completion of my military orders. Our concern is the "just cause" clause, which would potentially require us to pay $10-30 thousand dollars to get our current renters to leave the property at the end of their lease, when we return to our home in Concord.
This incredibly expensive clause will literally bankrupt our family, we don’t know how anyone could afford that. We are unable to pay that. Please do not treat single family home owners as slum lords that are making a profit hand over fist. It would be an undue burden and impossible for our family to pay $30,000 to our tenants once we are finally able to move back into our own home and upon completion of their year lease. This new proposal will prohibit our family from being able to move back into our own home.
As the deputy Mayor alluded to during the hearing on September 5, 2023, there need to be separations and provisions not grouping individual and small homeowners with giant LLCs that own dozens of unjustly managed multi-family properties.
We hope you take our concerns into consideration when making your decision on the "just cause" eviction proposal. Please contact me if you have any questions or concerns,
Respectfully,
Alex Hurren and Ivana Duarte-Hurren
Concord Residents
[email protected]
[email protected]
781-608-3741
From: Guadalupe Tolento <[email protected]>
Sent: Tuesday, September 12, 2023 2:47 PM
To: Aliano, Dominic <[email protected]>
Cc: Birsan, Edi <[email protected]>; Nakamura, Laura <[email protected]>; Obringer, Carlyn <[email protected]>; Hoffmeister, Laura <[email protected]>; City Clerk <[email protected]> Subject:
Estimado Alcalde y Miembros del Consejo
Me dirijo a ustedes con anticipación a sus debates de esta noche sobre la estabilización de los alquileres y la justa causa para urgirles a que escuchen a los miles de inquilinos de Concord que están realmente necesitados de protecciones para los inquilinos. Mis vecinos y yo hablamos la semana pasada sobre un aumento de renta de más del 9% que comienza en noviembre. Esto es una fuente de estrés y dificultades para mí y mi familia, y para todos los que viven aquí. No sé cómo podremos asumir esto. Tenemos verdaderos temores de tener que mudarnos, pero sin un lugar adonde ir.
Como pudieron eschuchar la semana pasada, por todas las personas en que dieron comentario publico, esto lleva ocurriendo demasiado tiempo, y demasiados residentes están sufriendo. Esperamos que ustedes, como nuestros dirigentes electos, aporten un verdadero alivio. Hemos hablado con casi mil personas que les urge que se apruebe una ordenanza que limite el alquiler al 60% del IPC con un tope del 3%.
Compartimos con ustedes una muestra de los que han firmado peticiones, con los nombres de 295 residentes de Concord que figuran aquí.
Esperamos poder contar con usted para que nos escuche y apruebe una ordenanza que realmente pueda marcar la diferencia en nuestras vidas.
Que Dios les bendiga a todos,
Guadalupe Tolento
925-262-
6908
Dear Mayor and Council Members,
I am reaching out to you in advance of your discussions tonight about rent stabilization and just cause to urge you to listen to the thousands of Concord tenants who are in real need of tenant protections. Me and my neighbors spoke up last week about receiving over a 9% rent increase that begins in November. This is such a source of stress and hardship for me and my family, and all those who live here. I don't know how we can absorb this. We have real fears of having to move out, but with no place to go.
As you heard from so many speakers last week, this has been happening for far too long, and too many r
esidents are suffering. We are looking to you as our elected leaders to bring real relief. We have spoken to almost a
thousand people wh o are urging you to pass an ordinance that limits rent to 60% of CPI with a 3% cap. We are sharing a sample of those who have signed petitions --with the names of 295 Concord residents listed here.
W
e hope we can count on you to listen to us, and pass an ordinance that can truly make a difference in our lives.
May God bless you all,
Guadalupe Tolento
925-262-6908
From: Wali Fedaie <[email protected]>
Sent: Tuesday, September 12, 2023 2:47 PM
To: City Clerk <[email protected]>
Subject: Concord considers rent control and ‘just cause Item 4 A.
Dear Mayor Hoffmeister and City Council,
I am a local housing provider and I oppose the direction you are taking to adopt rent control and just cause in Concord.
This proposal contradicts the city’s commitment to removing obstacles to housing in Concord. These policies affect both new housing and existing housing.
Worse, the city still does not have evidence to justify adopting policies stricter than those in the statewide Tenant Protection Act, AB 1482. Your own rent registry reports show that rent increases, on the average, fall below the statewide cap and that tenancy terminations initiated by housing providers decreased. This means the statewide law is working effectively.
Out of the 50 owner-initiated tenancy terminations in 2022, 44 were due to non-payment of rent. This suggests that Concord renters need rental assistance, not new laws like rent control and just cause eviction. Please vote against the proposal and redirect your efforts to true solutions that help renters afford housing in Concord.
Sincerely,
Wali Fedaie
From: Charlito Bergante <[email protected]>
Sent: Tuesday, September 12, 2023 2:51 PM
To: City Clerk <[email protected]>
Subject: Concord considers rent control and ‘just cause Item 4 A.
Dear Mayor Hoffmeister and City Council,
I am a local housing provider and I oppose the direction you are taking to adopt rent control and just cause in Concord.
This proposal contradicts the city’s commitment to removing obstacles to housing in Concord. These policies affect both new housing and existing housing.
Worse, the city still does not have evidence to justify adopting policies stricter than those in the statewide Tenant Protection Act, AB 1482. Your own rent registry reports show that rent increases, on the average, fall below the statewide cap and that tenancy terminations initiated by housing providers decreased. This means the statewide law is working effectively.
Out of the 50 owner-initiated tenancy terminations in 2022, 44 were due to non-payment of rent. This suggests that Concord renters need rental assistance, not new laws like rent control and just cause eviction. Please vote against the proposal and redirect your efforts to true solutions that help renters afford housing in Concord. For Christ's sake use your own research as opposed to being bullied by the so called rental advocates and their bad actors.
Sincerely,
Charlie
From: Rahila Fedaie <[email protected]>
Sent: Tuesday, September 12, 2023 2:54 PM
To: City Clerk <[email protected]>
Subject: Concord considers rent control and ‘just cause Item 4 A.
Dear Mayor Hoffmeister and City Council,
I am a local housing provider and I oppose the direction you are taking to adopt rent control and just cause in Concord.
This proposal contradicts the city’s commitment to removing obstacles to housing in Concord. These policies affect both new housing and existing housing.
Worse, the city still does not have evidence to justify adopting policies stricter than those in the statewide Tenant Protection Act, AB 1482. Your own rent registry reports show that rent increases, on the average, fall below the statewide cap and that tenancy terminations initiated by housing providers decreased. This means the statewide law is working effectively.
Out of the 50 owner-initiated tenancy terminations in 2022, 44 were due to non-payment of rent. This suggests that Concord renters need rental assistance, not new laws like rent control and just cause eviction. Please vote against the proposal and redirect your efforts to true solutions that help renters afford housing in Concord.
Sincerely,
Ra
hila
From: Janet Fedaie <[email protected]>
Sent: Tuesday, September 12, 2023 2:56 PM
To: City Clerk <[email protected]>
Subject: Concord considers rent control and ‘just cause Item 4 A.
Dear Mayor Hoffmeister and City Council,
I am a local housing provider and I oppose the direction you are taking to adopt rent control and just cause in Concord.
This proposal contradicts the city’s commitment to removing obstacles to housing in Concord. These policies affect both new housing and existing housing.
Worse, the city still does not have evidence to justify adopting policies stricter than those in the statewide Tenant Protection Act, AB 1482. Your own rent registry reports show that rent increases, on the average, fall below the statewide cap and that tenancy terminations initiated by housing providers decreased. This means the statewide law is working effectively.
Out of the 50 owner-initiated tenancy terminations in 2022, 44 were due to non-payment of rent. This suggests that Concord renters need rental assistance, not new laws like rent control and just cause eviction. Please vote against the proposal and redirect your efforts to true solutions that help renters afford housing in Concord.
Sincerely,
Janet Fedaie
From: Anthony Freddie <[email protected]>
Sent: Tuesday, September 12, 2023 2:58 PM
To: City Clerk <[email protected]>
Subject: Concord considers rent control and ‘just cause Item 4 A.
Dear Mayor Hoffmeister and City Council,
I am a local housing provider and I oppose the direction you are taking to adopt rent control and just cause in Concord.
This proposal contradicts the city’s commitment to removing obstacles to housing in Concord. These policies affect both new housing and existing housing.
Worse, the city still does not have evidence to justify adopting policies stricter than those in the statewide Tenant Protection Act, AB 1482. Your own rent registry reports show that rent increases, on the average, fall below the statewide cap and that tenancy terminations initiated by housing providers decreased. This means the statewide law is working effectively.
Out of the 50 owner-initiated tenancy terminations in 2022, 44 were due to non-payment of rent. This suggests that Concord renters need rental assistance, not new laws like rent control and just cause eviction. Please vote against the proposal and redirect your efforts to true solutions that help renters afford housing in Concord.
Sincerely,
Wallace Freddie
From: Janet Kreutzinger <[email protected]>
Sent: Tuesday, September 12, 2023 12:00 PM
To: City Clerk <[email protected]>; Obringer, Carlyn <[email protected]> Subject: Sept 12 rent meeting
To all city council members.
1) Limiting rent increases:
Keep AB1482 or lower rent increases to a flat 5% once a year on yearly anniversary date. CPI raises and lowers every year.
2) Do not charge more that $30 per unit on the rent registration. 3) DO NOT CHARGE the Mom and Pop landlords $10,000 per tenant as a relocation fee. 3 months rent would cover 1st month, last month and security fee. Don’t turn this into a way to gouge small Mom and Pop property owners.
4) Allowable reasons for landlords to reclaim their property: Keep and follow AB 1482. 5) Do not mandate rent rollback to January 2023. Governor Newsom stops rent increases when there are fires, (almost every fire), floods, Covid. It is not easy being a Mom and Pop landlord. Plumbing, garbage, water, PG&E also gets increased on rental property landlords as it does for tenants . But tenants are not paying for plumbing bills, replacing appliances when they break, insurance, there are a lot of bills involved in owning a residential rental.
Please consider the difficulties being a Mom and Pop landlord and trying to keep a nice place in Concord.
Regards,
Janet Kreutzinger
From: Joel Fedaie <[email protected]>
Sent: Tuesday, September 12, 2023 3:00 PM
To: City Clerk <[email protected]>
Subject: Concord considers rent control and ‘just cause Item 4 A.
Dear Mayor Hoffmeister and City Council,
I am a local housing provider and I oppose the direction you are taking to adopt rent control and just cause in Concord.
This proposal contradicts the city’s commitment to removing obstacles to housing in Concord. These policies affect both new housing and existing housing.
Worse, the city still does not have evidence to justify adopting policies stricter than those in the statewide Tenant Protection Act, AB 1482. Your own rent registry reports show that rent increases, on the average, fall below the statewide cap and that tenancy terminations initiated by housing providers decreased. This means the statewide law is working effectively.
Out of the 50 owner-initiated tenancy terminations in 2022, 44 were due to non-payment of rent. This suggests that Concord renters need rental assistance, not new laws like rent control and just cause eviction. Please vote against the proposal and redirect your efforts to true solutions that help renters afford housing in Concord.
Sincerely,
Joel
From: Huckabay, Sophia <[email protected]> Sent: Tuesday, September 12, 2023 1:56 PM
To: City Clerk <[email protected]>; Robinson, Monique <[email protected]>
Subject: Phone Call on Rent Stabilization
Hi Monique,
A Concord property owner, Jim Mogadam, called Housing staff today to voice his concerns around rent stabilization. He expressed that with rising costs such as increases in property insurance, labor, maintenance, vacancy costs, it would be impossible to break even on a property with a cap of 3%. It would also be difficult to meet his current debt obligations on his properties.
He wanted City Council to be aware that a 3% cap would be difficult for many property owners such as himself to continue to operate in Concord. When it comes to selling his properties, he mentioned how the increase in property interest rates and a looming Concord rent stabilization ordinance is resulting in a lack of qualified buyers. He fears being in debt and being unable to sell his properties at the same time.
Thank You,
Sophia Huckabay (She/Her/Hers)
Housing Manager
City of Concord | Website: www.cityofconcord.org
(925) 671-3387 | [email protected]
1950 Parkside Drive, MS/10A, Concord, CA 94519
ahoyq
September 5,2023
Dear Mayor Hoffmeister and City Council,
stP06
@
I am a Concord housing provider, and I oppose the direction you are taking to adopt rent control and just cause in Concord.
This proposal contradicts the city's commitment to removing obstacles to housing in Concord. These policies affect both new housing and existing housing.
Worse, the city still does not have evidence to justify adopting policies stricter than those in the statewide Tenant Protection Act, AB L482. Yout own rent registry reports show that rent increases, on the average, fall below the statewide cap and that tenancy terminations initiated by housing providers decreased. This means the statewide law is working effectively.
Of the 50 owner-initiated tenancy terminations in 2022,44 were due to non-payment of rent. This suggests that Concord renters need rental assistance, not new laws like rent control and just cause eviction. Please vote against the proposal and redirect efforts to true solutions that help renters afford Concord housing.
Anna Pavelka Lodato, Concord Property Owner
2204 Ridgepointe Ct.
Walnut Creek, CA 94596
mon boots@ aol.com
Rent Stabilization and Just
Cause for Eviction
Ordinances
CONCORD CITY COUNCIL WORKSHOP
SEPTEMBER 12 , 2023
1
Questions from City Council on 9/5/23
• Number of affordable housing complexes in Concord that include Low-Income Housing Tax Credit Financing
• 12 LIHTC properties out of the 24 total affordable housing complexes in Concord
• Affordable Rents versus Consumer Price Index (CPI)
• 2019-2023: percent change in affordable rent (LIHTC and HCD regional rent) higher than the percent change in the regional CPI.
2
State Law Limits City Options
Rent Stabilization
•City Cannot:
• Regulate rents on any units built after 1995
• Regulate rents on single family homes or condominiums that can be sold separately from any other unit
• Impose vacancy control
3
State Law Limits City Options
Just Cause for Eviction
•City Can, if More Protective than AB 1482:
Impose just cause on all units- including single family homes Impose additional relocation assistance for no-fault
Further restrict just causes
Impose additional requirements for no-fault evictions such as issuance of permits before substantial rehab or demolition evictions Require additional relocation payments for Ellis Act evictions Restrict when no-fault notices may be issued, e.g. during the school year 4
State Law Limits City Options
Just Cause for Eviction
•City Cannot:
Extend state law noticing time periods, including for Ellis Act evictions Require City approval, petitions, mediation, or other administrative process prior to a tenancy termination
5
Rent Stabilization Policy Direction
Requested
6
Rent Stabilization Policy Direction
Requested
7
Just Cause Eviction Policy Direction
Requested
8
General Ordinance Policy Direction
Requested
9
Thank You!
10
Staff Report
Date: September 12, 2023
To: City Council
From: Valerie J. Barone, City Manager
Prepared by: Justin Ezell, Assistant City Manager
[email protected]
(925) 671-3155
Subject: Announcing the Mayors appointment of two Councilmembers to serve on a Council Ad Hoc Committee to advise the City Manager regarding planning efforts around Diablo Creek Golf Course; the ad-hoc will exist until final committee
recommendations are made to the full Council or until
September 12, 2024, whichever is sooner.
CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c),
15061(b)(3), 15262, and/or 15378.
Report in Brief
Diablo Creek Golf Course, the City’s 18-hole municipal golf course that is located off Port Chicago Highway, has served the community since 1963. The golf course sits partially on land owned by the City and partially on land owned by the Department of the Navy. The City leases the 80 acres of land that is owned by the Navy.
Several golf course related issues are beginning to converge that require planning and coordination, and eventually Council direction. These items include, but are not limited to:
a. Renewal of the agreement for food and beverage concessions (currently in a month-to-month status)
b. Renewal of the agreement for golf course operations (expires March 2024) c. Renewal of the agreement for golf course maintenance (expires December 2025) d. Replacement and/or rehabilitation of aging facilities and golf course infrastructure
City Council Agenda Report
Agenda Item No. 7.a
September 12, 2023
e. Transfer of land from Department of the Navy to the City f. Redesign of the golf course to facilitate extension of Evora Road as part of the Naval Weapons Station development
A Council Ad Hoc Committee will issues above with the City Manager and key staff, and meet as necessary. Any recommendations for actions will be brought before the City Council for direction.
Recommended Action
That the Mayor appoint two Councilmembers to serve on a Council Ad Hoc Committee to advise the City Manager regarding planning efforts around Diablo Creek Golf Course; the ad-hoc will exist until recommendations are made to the full Council or until September 12, 2024, whichever is sooner.
Background
Ad Hoc Committees
Pursuant to City of Concord – City Council Meeting Procedures Section 4.53.d, the Mayor may, from time to time, announce appointments to ad hoc advisory committees composed solely of less than a majority of the members of the City Council; the announcement of such appointments shall appear on the posted agenda, but shall not require approval from a majority of the City Council.
The use of Ad Hoc committees is permitted under the Brown Act so long as they:
Serve a limited or single purpose that is not perpetual; Are comprised solely of less than a quorum of the City Council (for a five member Council as in Concord, that means two Councilmembers.); Have a defined purpose and timeframe to accomplish that purpose; Dissolve once the specific task is complete or the time has expired; and Are advisory.
An Ad Hoc committee is not subject to notice and posting requirements, nor to holding public meetings, if the above requirements are followed.
Analysis
The proposed Ad Hoc committee meets all the requirements of City Council meeting procedures Section 4.53.d.
The Council Ad Hoc Committee will discuss planning efforts around Diablo Creek Golf Course and meet as necessary to advise the City Manager on next steps. Any action recommendations will be brought back before the full Council for direction.
City Council Agenda Report
Agenda Item No. 7.a
September 12, 2023
Financial Impact
Creation of the Ad Hoc Committee has no financial impact; however, matters discussed may result in City Manager actions or recommendations to the City Council that have a monetary effect.
Environmental Determination
Pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c), 15061(b)(3), 15262), and/or 15378, City Council action on this item is not subject to environmental review under the California Environmental Quality Act (CEQA) of 1970, as amended, because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, and falls within the “common sense” exemption set forth in CEQA Guidelines Section 15061(b)(3), excluding projects where “it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.”
Public Contact
The City Council Agenda was posted.