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File Number: 17-123 <br />o Within one-half mile of public transit; <br />o In a historic district or the site of a listed historic resource; <br />o Entirely within the footprint of an existing home, with no increase in habitable square <br />footage resulting from creation of the ADU; <br />o In an area where on-street parking permits are required but not available to the <br />tenant; or <br />o Within one block of a designated parking area for car-share vehicles available to the <br />general public on a subscription basis. <br />Most of San Leandro’s single-family homes are within one-half mile of an AC Transit bus <br />stop, which effectively means that they are exempt from off-street parking requirements. <br />While the legislation does not define “public transit,” the guidelines developed by the State <br />Department of Housing and Community Development indicate that the intent is to include <br />local bus stops regardless of service frequency. The proposed definition used in Section <br />2-576 would exclude the LINKS shuttle and the Transbay buses, but would include BART <br />and local AC Transit lines. <br />·Where off-street parking is required, the proposed Code revisions allow for more flexibility <br />than the current Code. <br />·The new California Government Code requirements allow for garages to be demolished <br />and replaced by ADUs, provided that the parking requirements for the principal dwelling <br />and the ADU are replaced as off-street parking. In this instance, State regulation prevents <br />the City from requiring construction of a new garage if an existing garage is demolished. <br />The requirement of two covered parking spaces for a single family home would still apply <br />in the case of garage conversions. <br />·As required by the revised California Government Code, the revised 2-576 also stipulates <br />that if an existing garage is located in a setback area, it may still be converted to an ADU. <br />·The City cannot require the ADU to have a continuous pathway from the street to the front <br />door (referred to as a “passageway” by the new legislation) <br />·Section 2-576 (E) has been added, explicitly entitling the City to collect fees for permitting <br />and inspection of ADUs. However, as required by the revised California Government <br />Code, the City may not collect impact fees for an ADU that adds no habitable space, and it <br />cannot treat an ADU as a new residence for the purpose of determining fee amounts. <br />Impact fees must be proportional to the burden the ADU will place on City services. <br />Further discussion of the City’s impact fees is later in this report. <br />·Section 2-576 (F) prohibits the leasing of an ADU for a term shorter than 30 days. This is <br />to encourage the use of ADUs as permanent rental housing and discourage their use as <br />“hotel” type rentals. <br />Page 6 City of San Leandro Printed on 3/13/2017 <br />23