In a recent government meeting, officials discussed significant legislative changes regarding land use and housing in the city, focusing on the implications of new laws on commercial properties and accessory dwelling units (ADUs).

The conversation began with a clarification on the nature of CC&Rs (Covenants, Conditions, and Restrictions) as they pertain to commercial and mixed-use properties. Officials noted that while the current legislation does not explicitly address CC&Rs, the rights of private property owners to enforce these restrictions remain intact. This raises questions about how these rights will be upheld, particularly in cases where commercial properties may be converted to residential use without undergoing a general plan amendment or rezoning process.

Commissioner Kaminsky highlighted concerns about potential neglect of commercial properties, suggesting that some owners might intentionally allow their buildings to deteriorate to facilitate conversion to more lucrative residential uses. The city is currently analyzing land use to identify areas suitable for such conversions, ensuring that the process is proactive and prevents intentional neglect.

The discussion then shifted to the topic of ADUs, prompted by recent legislation that allows for the construction of multiple units on single-family residential properties. Under the new law, homeowners can build at least one attached and one detached ADU, with the possibility of an additional affordable unit. Importantly, the city cannot impose additional parking requirements or setback restrictions beyond five feet from property lines, nor can it mandate owner occupancy of these units.

The legislation also permits ADUs to be rented out separately, which could significantly increase the number of short-term rentals in the city. This has raised concerns among commissioners about the potential for a surge in vacation rentals, with estimates suggesting that the number could triple without adding substantial housing stock.

Commissioner Scarborough questioned how the new ADU regulations would interact with existing short-term rental policies, emphasizing the need for careful consideration of enforcement measures, particularly regarding property owners who may own multiple rental properties. The discussion underscored the challenges of balancing increased housing options with the potential for negative impacts on community character and infrastructure, especially in older neighborhoods with limited resources.

As the city moves forward with implementing these legislative changes, officials are tasked with drafting amendments to the general plan and zoning ordinances, with a focus on minimizing impacts on existing infrastructure and maintaining community standards. Public outreach is planned for the coming months, with recommendations expected to be presented to the city council later this year.