Restrictions loosened on second units
by C.A. Gilman

Gov. Gray Davis recently signed a bill that mandates that second units (aka granny flats) be classified ministerial rather than discretionary as of July 1, 2003. This law, which goes into effect on Jan. 1, also requires that local governments provide developers of low-income housing with incentives for their projects as long as they meet specified requirements.
Ojai now treats all second units as discretionary in order to limit their development. The new law takes that choice away from local government. City Manager Dan Singer said, "This takes away local discretion for approving or not approving granny flats which might even impact public notification and offering a public hearing so that neighbors can be involved."
According to Matthew Sewell, the legislation on affordable housing means that a low-income housing project that meets state guidelines must be allowed by the local government regardless of local policies. It also provides that developers can sue the local government if state-qualified projects are denied due to local considerations.
Bruce Smith, who manages the General Plan section for the city of Ventura's Planning Department, concurs with Sewall. Smith said, "The intent of the legislation is to require local government to be more responsible in offering affordable housing. However, the conundrum is that the law doesn't override local land use legislation. It is also very expensive to sue a city, and developers fear tainting their good relationships with city councils and planning commissions."
Ivor Benci-Woodard, president of the Citizens to Preserve the Ojai, said, "If the state requirements for affordable housing are such that they don't allow for environmental review of the community, then there will be collisions with the California Environmental Quality Act."
The complexity is further increased because of the traffic problems that hinge on what is done on Highway 33, which is a state road. The county general plan requires that Highway 33 be widened to four lanes before any new projects are built. Smith said, "Right now no housing development is allowed except for single family dwellings on pre-existing lots because of the level of service on highway 33. The new legislation will mean that second dwelling units will not be affected by an environmental impact report. The county has also asked us to look at exempting affordable housing from the current LOS to enable affordable housing to be built. Right now you have a catch 22: on the one hand, you have the need for affordable housing, and not building housing triples the occupancy of many homes, which increases traffic, etc."
As for how this will impact Ojai, Singer said, " It's not clear yet which of these legislations will affect us. We will be spending more time with counsel before it goes into effect on Jan. 1."

© 2002 The Ojai Valley News

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