Council reviews conditional-use request for accessory apartment at 219 South 16th Avenue; staff recommends conditions

The council reviewed a conditional-use permit request to convert an accessory structure into an accessory apartment at 219 South 16th Avenue (Parcel 0240890). The applicant, Esteban Perez, is seeking approval to rehabilitate the primary house and the rear accessory building and to use the accessory building as an accessory dwelling unit (ADU).

City staff (Mr. Ward) said the property is zoned R-2 and that accessory dwelling units are allowed with a conditional-use permit. He noted the ordinance’s occupant restrictions and parking requirement: “The occupant of the accessory dwelling must be related, must be a related family member to the occupant of the primary structure,” and the ADU must have sufficient off-street parking.

Planning staff recommended approval subject to conditions: the ADU occupant must be a related family member (age 55 or older or handicapped as defined in the ordinance), an asphalt or concrete driveway serving both structures must be installed, foundation plans must be submitted, and the rehab must be in substantial conformance with the submitted plans. Planning Commission recommended approval 3-0 and added a condition that the ADU remain unoccupied until post-rehab certificate of occupancy is issued.

Councilors asked about preventing subletting. Mr. Ward said a no-sublet condition could be added; one councilor specifically asked staff to include a sublet prohibition because of proximity to public housing and concerns about enforcement. No final action was taken; the item will return at a public hearing with recommended conditions.

Staff noted the ordinance requires annual verification of occupant eligibility; the permit would lapse if the qualifying family member vacates and is not replaced by another qualifying relative.