Mar 10, 2013

Housing vs Parking

"...the fundamental value judgement at stake here -- a choice between housing and parking -- was made by the Legislature in favor of housing. It decided the benefits of the additional housing outweigh the costs of exacerbating local parking problems."

Strauss article below contains further discussion of changes to California's state law mandating 2nd units in all cities and counties. Most notably it required that ADUs be allowed as of right (ministerial) and not be put through a (discretionary) conditional use permit process. Furthermore it stated, "It is the intent of the Legislature that any second-unit ordinances adopted by local agencies have the effect of providing for the creation of second units and that provisions in these ordinances relating to matters including unit size, parking, fees and other requirements are not so arbitrary, excessive, or burdensome so as to unreasonably restrict the ability of homeowners to create second units in zones in which they are authorized by local ordinance."

-Wilson v. City of Laguna Beach (1992) 6 Cal.App.4th 543, 546, as quoted in Betsy Strauss, "Association of Bay Area Governments Planning for Second Units Forum", dated March 28, 2003, http://www.transformca.org/ia/acssdwel/sup/Strauss_ABAGPlngForADUs.pdf Accessed Mar 10, 2013.