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Comment Letters

Santa Clarita City Council
May 13, 2025

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Comment Letters
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May 13, 2025
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Santa Clarita City Council
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Apr 22, 2025 City of Santa Clarita 23920 Valencia Blvd. Santa Clarita, CA 91355 By email: [email protected]; [email protected]; [email protected]; [email protected]; [email protected] Cc: [email protected]; [email protected]; [email protected]; [email protected] Re: Proposed Amendments to the City Parking Requirements to Implement AB 2097 Dear Santa Clarita City Council, The California Housing Defense Fund (“CalHDF”) submits this letter as a public comment concerning

item

2 on

the

agenda

for

the

Council

meeting

scheduled

for

April

22,

2025.

This

comment

specifically

concerns

the

amendments

to

the

City’s

parking

requirements

to

implement

AB

2097.

CalHDF

applauds

the

City

for

making

changes

to

its

municipal

code

to

keep

pace

with

changes

in

state

law.

However,

the

proposed

ordinance

fails

to

comply

with

state

law

,

and

the

City

should

address

these

problems

before

approving

the

ordinance.

Background Code section 17.51.060(N)(4)(a) requires that projects that take advantage of AB 2097 must provide

a

parking

demand

study

showing

that

“there

is

not

a

negative

impact

and

identify

the

amount

of

on-site

parking

required

to

prevent

a

negative

impact.

The

parking

demand

study

is

a

requirement

of

the

City’s

entitlement

submittal

checklists,

and

a

project

application

may

not

be

deemed

complete

until

a

satisfactory

parking

demand

study

is

submitted

to

and

approved

by

the

Director

of

Community

Development.”
Requiring a parking study to show that there is not a negative impact is tantamount to requiring

enough

off-street

parking

to

guarantee

that

there

will

be

no

impact.

This

subverts

the

intent

and

plain

language

of

AB

2097.

Government Code, section 65863.2, subdivision (i) (emphasis added): “The Legislature finds and

declares

that

the

imposition

of

mandatory

parking

minimums

can

increase

the

cost

of

housing,

limit

the

number

of

available

units,

lead

to

an

oversupply

of

parking

spaces,

and

increased

greenhouse

gas

emissions.

Therefore,

this

section

shall

be

interpreted

in

favor

of

360 Grand Ave #323, Oakland 94610 [email protected]

the prohibition of the imposition of mandatory parking minimums as outlined in this section.”

Required Exceptions While it is true that under certain circumstances the City may make findings in order to impose

parking

requirements

on

projects

otherwise

eligible

for

AB

2097.

(Gov.

Code,

§

65863.2,

subd.

(b)(3.)

However,

there

are

other

circumstances

under

which

the

City

is

absolutely

prohibited

from

imposing

any

offstreet

parking

requirements.

Government

Code,

section

65863.2,

subdivision

(c):

For a housing development project, subdivision (b) shall not apply if the housing development

project

satisfies

any

of

the

following:
(1) The development dedicates a minimum of 20 percent of the total number of housing

units

to

very

low,

low-,

or

moderate-income

households,

students,

the

elderly,

or

persons

with

disabilities.

(2)

The

development

contains

fewer

than

20 housing

units.

(3)

The

development

is

subject

to

parking

reductions

based

on

the

provisions

of

any

other

applicable

law.

The City may not subject such housing development projects to offstreet parking requirements,

regardless

of

what

the

required

parking

study

shows.

As an example, a project that takes advantage of the state Density Bonus Law (Gov. Code, § 65915;

“DBL”)

is

entitled

to

a

parking

reduction

(
Id
.

at

subd.

(p)).

This

means

that

the

City

may

not

impose

any

parking

requirement

on

DBL

projects

that

are

eligible

for

AB

2097,

regardless

of

whether

or

not

a

parking

study

demonstrates

negative

impacts.

⧫

⧫

⧫ CalHDF appreciates the City’s thorough effort to implement state law governing offstreet parking.

However,

the

City

should

amend

its

ordinance

to

ensure

that

it

complies

with

state

law.

CalHDF is a 501(c)(3) non-profit corporation whose mission includes advocating for increased

access

to

housing

for

Californians

at

all

income

levels,

including

low-income
households. You may learn more about CalHDF at www.calhdf.org. 2 of 3

Sincerely, Dylan Casey CalHDF Executive Director

James M. Lloyd CalHDF Director of Planning and Investigations 3 of 3

Apr 22, 2025 City of Santa Clarita 23920 Valencia Blvd. Santa Clarita, CA 91355 By email: [email protected]; [email protected]; [email protected]; [email protected]; [email protected] Cc: [email protected]; [email protected]; [email protected]; [email protected] Re: Proposed Amendments to the City’s Accessory Dwelling Unit and Junior Accessory Dwelling

Unit

Regulations
Dear Santa Clarita City Council, The California Housing Defense Fund (“CalHDF”) submits this letter as a public comment concerning

item

2 on

the

agenda

for

the

Council

meeting

scheduled

for

April

22,

2025.

This

comment

specifically

concerns

the

amendments

to

the

City’s

regulations

for

ADUs

and

JADUs.

CalHDF

applauds

the

City

for

making

changes

to

its

ADU

regulations

to

keep

pace

with

changes

in

state

law.

However,

the

proposed

ordinance

fails

to

comply

with

state

law

in

a

few

ways,

and

the

City

should

address

these

problems

before

approving

the

ordinance.

CalHDF notes that the California Department of Housing and Community Development brought up many of the below deficiencies in its letter dated March 24, 2023. Background The law gives local governments authority to enact zoning ordinances that implement a variety

of

development

standards

on

ADUs.

(Gov.

Code,

§

66314.)

The

standards

in

these

local

ordinances

are

limited

by

state

law

so

as

not

to

overly

restrict

ADU

development.

(See

id.)

Separately

from

local

ADU

ordinances,

Government

Code

section

66323

establishes

a

narrower

set

of

ADU

types

that

local

governments

have

a

ministerial

duty

to

approve.

“Notwithstanding

Sections

66314

to

66322

...

a

local

agency

shall

ministerially

approve”

these

types

of

ADUs.

(
Id
.

at

subd.

(a).)

This

means

that

ADUs

that

satisfy

the

minimal

requirements

of

section

66323

must

be

approved

regardless

of

any

contrary

provisions

of

the

local

ADU

ordinance.

(
Ibid
.)

Local

governments

may

not

impose

their

own

standards

on

such

ADUs.

(Gov.

Code,

§

66323,

subd.

(b)

[“A

local

agency

shall

not

impose

any

objective

development

or

360 Grand Ave #323, Oakland 94610 [email protected]

design standard that is not authorized by this section upon any accessory dwelling unit that meets

the

requirements

of

any

of

paragraphs

(1)

to

(4),

inclusive,

of

subdivision

(a).”].)
In addition, ADUs that qualify for the protections of Government Code section 66323, like other

ADUs,

must

be

processed

by

local

governments

within

60 days

of

a

complete

permit

application

submittal.

(Gov.

Code,

§

66317,

subd.

(a).)
State law also prohibits creating regulations on ADU development not explicitly allowed by state

law.

Government

Code

Section

66315

states,

“No

additional

standards,

other

than

those

provided

in

Section

66314,

shall

be

used

or

imposed,

including

an

owner-occupant

requirement,

except

that

a

local

agency

may

require

that

the

property

may

be

used

for

rentals

of

terms

30 days

or

longer.”
Impermissible Limitation on ADUs in High Fire Hazard Severity Zones Code section 17.57.040(L)(1)(b) limits impose additional standards on ADUs developed in high fire

hazard

severity

zones

as

defined

by

the

Los

Angeles

County

Fire

Department.

Specifically,

these

standards

require

two

distinct

means

of

vehicular

access

to

a

highway

and

each

access

road

must

be

24 feet

in

width.

However, this regulation is not permitted for ADUs that qualify for the provisions of Government

Code

section

66323

subdivision

(a)

(See

Gov.

Code,

§

66323,

subd.

(b)).

From
page 20 of the January 2025 HCD ADU Handbook: “A local agency may not impose development or design standards, including both local standards and standards found in State ADU Law, on 66323 Units that are not specifically listed in Government Code section 66323. (Gov. Code, § 66323, subds. (a), (b).) This includes, but is not limited to, parking, height, setbacks, or other zoning provisions (e.g., lot size, open space, floor area ratio, etc.).” Requirements regarding road width and access are undoubtedly development standards, and

the

City

therefore

may

not

impose

them

on

section

66323

ADUs.

Impermissible Maximum Unit Size Code section 17.57.040(L)(2)(a)(ii) limits ADUs to 850 square feet if they are up to one bedroom

and

1000

square

feet

if

they

are

up

to

two

bedrooms.

While the code may limit the size of new construction, detached ADUs in conjunction with a single

family

home

pursuant

to

Government

Code

section

66314,

the

City

may

not

impose

any

size

limitations

developed

on

multifamily

properties

and

eligible

for

the

protections

of

Government

Code

section

66323,

subdivision

(a)(4).

See pages 18-20 of the January 2025 HCD ADU Handbook for more information on section 66323 ADUs. 2 of 8

Impermissible Front Setback Requirement Code section 17.57.040(L)(2)(c) requires new detached ADUs to obey underlying front setback regulations

as

well

as

corner

and

reverse

corner

setbacks.

However, Government Code section 66323, subdivision (a) does not permit any imposition of front

setback

requirements

if

the

ADUs

qualify

for

the

protections

of

that

section

of

law.

There

are

many

policy

reasons

for

this.

For

instance,

a

homeowner

may

prefer

to

preserve

a

private

backyard

space

while

redeveloping

the

less

useful

front

yard.

While

children

may

play

in

the

backyard,

the

front

yard

is

closer

to

the

street

and

less

safe

for

a

variety

of

activities.

The

City

therefore

must

allow

front

yard

ADUs

that

comply

with

the

standards

in

Government

Code

section

66323,

subdivision

(a)

both

on

single

family

and

on

multifamily

properties.

HCD has issued guidance under its authority in Government Code section 66327 (that guidance is located in the January 2025 HCD ADU Handbook, page 18) affirming the duty of local agencies to allow ADUs protected by Government Code section 66323 in the front setback under all circumstances. This applies whether the property is a single family home or

a

multifamily

building. Impermissible Parking Requirements Code section 17.57.040(L)(2)(f) imposes parking requirements on all ADUs, less certain exceptions.

However,

as

discussed

supra,

the

City

cannot

require

parking

for

ADUs

that

conform

to

the

requirements

of

Government

Code

section

66323,

subdivision

(a),

as

section

66323,

subdivision

(b)

specifically

exempts

such

ADUs

from

all

local

requirements.

From page 20 of the January 2025 HCD ADU Handbook (emphasis added): A local agency may not impose development or design standards, including both local

standards

and

standards

found

in

State

ADU

Law,

on

66323

Units

that

are

not

specifically

listed

in

Government

Code

section

66323.

(Gov.

Code,

§

66323,

subds.

(a),

(b).)

This

includes,

but

is

not

limited

to,

parking
,

height,

setbacks,

or

other

zoning

provisions

(e.g.,

lot

size,

open

space,

floor

area

ratio,

etc.).

Separately, Code section 17.57.040(L)(3)(b)(ii) requires replacement of required parking on multifamily

buildings

if

the

parking

has

been

converted

to

an

ADU.

However,

Government

Code

section

66314,

subdivision

(d)(11)

plainly

states,

“When

a

garage,

carport,

covered

parking

structure,

or

uncovered

parking

space

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.”

the

City

therefore

may

not

require

replacement

of

this

parking.

3 of 8

Impermissible Design Regulations Code sections 17.57.040(L)(2)(g) and (i) imposes design requirements on ADUs, including color,

materials,

roof

incline,

the

City’s

design

guidelines,

and

construction

materials,

including

a

prohibition

on

metal

siding.

However,

the

City

may

not

impose

any

design

requirements

on

Section

66323

ADUs.

From page 20 of the January 2025 HCD ADU Handbook (emphasis added): A local agency may not impose development or design standards , including both local

standards

and

standards

found

in

State

ADU

Law,

on

66323

Units

that

are

not

specifically

listed

in

Government

Code

section

66323.

(Gov.

Code,

§

66323,

subds.

(a),

(b).)

This

includes,

but

is

not

limited

to,

parking,

height,

setbacks,

or

other

zoning

provisions

(e.g.,

lot

size,

open

space,

floor

area

ratio,

etc.).

Impermissible Rear Yard Coverage Regulation Code section 17.57.040(L)(2)(h) imposes rear yard coverage regulations on ADUs. However, the

City

may

not

impose

any

such

lot

coverage

requirements

on

Section

66323

ADUs.

From page 20 of the January 2025 HCD ADU Handbook (emphasis added): A local agency may not impose development or design standards, including both local

standards

and

standards

found

in

State

ADU

Law,

on

66323

Units

that

are

not

specifically

listed

in

Government

Code

section

66323.

(Gov.

Code,

§

66323,

subds.

(a),

(b).)

This

includes,

but

is

not

limited

to,

parking,

height,

setbacks,

or

other

zoning

provisions

(e.g.,

lot

size,

open

space,

floor

area

ratio,

etc.).

Impermissible Distance Between Structures Requirements Code section 17.57.040(L)(2)(k) a six foot distance between structures regulation on ADUs.

While

the

City

may

regulate

building

to

building

separation

for

ADUs

subject

only

to

its

local

standards

pursuant

to

Government

Code

section

66314,

it

may

not

regulate

building

to

building

separation

for

ADUs

eligible

for

the

protections

of

Government

Code

section

66323,

as

discussed

supra
.

Impermissible Owner Occupancy Requirement Code section 17.57.040(L)(2)(n)(i) requires owner occupancy as a condition of ADU development

for

ADUs

developed

after

Janaury

1,

2025.

This requirement is plainly unlawful. As discussed supra , Government Code section 66315 states (emphasis added), “No additional standards, other than those provided in Section 4 of 8

66314, shall be used or imposed, including an owner-occupant requiremen t, except that a local agency may require that the property may be used for rentals of terms 30 days or longer.”
The fact that owner-occupancy requirements are prohibited by state law is discussed on pages 16, 22, 34, and 48 of the January 2025 ADU Handbook. From page 34 of the handbook: “Can local agencies require owner-occupancy for an ADU? No. A local agency cannot impose an owner-occupancy requirement on any ADU (Gov.

Code,

§

66315).”
Impermissible Open Space Requirement Code section 17.57.040(L)(2)(o) imposes open space replacement regulations on ADUs.

However,

the

City

may

not

impose

any

such

requirements

on

Section

66323

ADUs.

From page 20 of the January 2025 HCD ADU Handbook (emphasis added): A local agency may not impose development or design standards, including both local

standards

and

standards

found

in

State

ADU

Law,

on

66323

Units

that

are

not

specifically

listed

in

Government

Code

section

66323.

(Gov.

Code,

§

66323,

subds.

(a),

(b).)

This

includes,

but

is

not

limited

to,

parking,

height,

setbacks,

or

other

zoning

provisions

(e.g.,

lot

size,

open

space
,

floor

area

ratio,

etc.).

Impermissible Tree Preservation Requirement Code section 17.57.040(L)(2)(p) imposes oak tree preservation requirements on ADUs.

However,

the

City

may

not

impose

any

such

requirements

on

Section

66323

ADUs.

From page 20 of the January 2025 HCD ADU Handbook (emphasis added): A local agency may not impose development or design standards , including both local

standards

and

standards

found

in

State

ADU

Law,

on

66323

Units

that

are

not

specifically

listed

in

Government

Code

section

66323.

(Gov.

Code,

§

66323,

subds.

(a),

(b).)

This

includes,

but

is

not

limited

to,

parking,

height,

setbacks,

or

other

zoning

provisions

(e.g.,

lot

size,

open

space,

floor

area

ratio,

etc.).

Impermissible Ecological Area Regulation Code section 17.57.040(L)(2)(q) imposes the requirements of the significant ecological area overlay

zone

on

ADUs.

However,

the

City

may

not

impose

any

such

requirements

on

Section

66323

ADUs.

5 of 8

From page 20 of the January 2025 HCD ADU Handbook (emphasis added): A local agency may not impose development or design standards , including both local

standards

and

standards

found

in

State

ADU

Law,

on

66323

Units

that

are

not

specifically

listed

in

Government

Code

section

66323.

(Gov.

Code,

§

66323,

subds.

(a),

(b).)

This

includes,

but

is

not

limited

to,

parking,

height,

setbacks,

or

other

zoning

provisions

(e.g.,

lot

size,

open

space,

floor

area

ratio,

etc.).

Impermissible Ban on Separate Conveyance Code section 17.57.040(L)(2)(r) imposes a blanket ban on all separate conveyance of ADUs.

However,

Government

Code

section

66341

allows

for

such

separate

conveyance

under

certain

circumstances,

and

the

City

must

allow

such

conveyance

under

those

circumstances.

Impermissible Deed Restriction Requirement Code section 17.57.040(L)(2)(s) requires a deed restriction to be placed on the property as a condition

of

developing

an

ADU.

This

is

a

clear

violation

of

Government

Code

section

66323,

which

prohibits

any

standards

not

explicitly

authorized

in

that

section.

Deed restrictions are also not permitted by Government Code section 66315, which forbids standards not listed in section 66314. The California Department of Housing and Community Development (“HCD”) has communicated that such deed restrictions are unlawful. The January 2025 HCD ADU Handbook specifically forbids deed restrictions as a condition of ADU development (see page 22). Additionally, such deed restrictions imposed on ADUs (or on other accessory structures) are unenforceable. This is due to the absence of horizontal privity between the City and the applicant. In other words, since the City does not own the applicant’s property at the time of the application, and does not own a neighboring property to whose benefit the proposed restriction(s) redound, black letter property law bars the restrictions from binding future property owners. (See, e.g., Scaringe v. J. C. C. Enters (1988) 205 Cal.App.3d 1536 [describing the types of privity relationship between covenanting parties that allow enforcement of a deed restriction]; see also Civ. Code, §§ 1460 et seq.) The City should therefore amend the proposed ordinance to remove the deed restriction Requirement. 6 of 8

Impermissible Restrictions on Multifamily ADUs Code section 17.57.040(L)(3)(b) imposes impressible restrictions on ADUs developed on multifamily

parcels.

First, the code restricts new construction ADUs to 16 feet in height. However, Government Code

section

66323,

subdivision

(a)(4)(i)

plainly

allows

ADUs

to

take

advantage

of

the

“height

limitation

in

subparagraph

(A),

(B),

or

(C)

of

paragraph

(4)

of

subdivision

(b)

of

Section

66321,

as

applicable

…”

This

means

that

such

ADUs

could

be

up

to

20 feet

in

height

in

some

circumstances.

Second, code section 17.57.040(L)(3)(b) only allows a multifamily property to have either conversion

ADUs

or

multifamily

ADUs,

not

both.

This

disregards

the

plan

language

of

Government

Code

section

66323,

subdivision

(a)

(emphasis

added):

“Notwithstanding

Sections

66314

to

66322,

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

…”
And from the January 2025 HCD ADU Handbook, page 19: “The local agency must allow the four categories of ADUs [referencing the four types of section 66323 ADUs] listed above to be combined

as

allowed

by

the

site

and

lot

conditions.”
The City must amend its code to allow a multifamily development to have both conversion ADUs

and

new

construction

ADUs

pursuant

to

Government

Code

section

66323,

subdivision

(a).

Duty to Exempt Certain ADUs from Impact Fees Code section 17.57.040(L)(5) states that impact fees shall be levied on ADUs as established by City

Council

resolution.

However,

Government

Code

section

66324,

subdivision

(c)(1)

obligates

the

City

to

not

charge

impact

fees

on

ADUs

smaller

than

750

square

feet

in

size.

⧫

⧫

⧫ CalHDF appreciates the City’s thorough effort to implement state law governing ADU construction.

However,

the

City

should

amend

its

ordinance

to

ensure

that

it

complies

with

state

law.

CalHDF is a 501(c)(3) non-profit corporation whose mission includes advocating for increased

access

to

housing

for

Californians

at

all

income

levels,

including

low-income
households. You may learn more about CalHDF at www.calhdf.org. 7 of 8

Sincerely, Dylan Casey CalHDF Executive Director

James M. Lloyd CalHDF Director of Planning and Investigations 8 of 8

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