"The public has one month before the February 15 comment deadline on “phase 2” of the Code Refresh (new citywide zoning rules, and maps). Unfortunately, this is a daunting task for city residents. There are over 70,000 parcels being rezoned. There are hundreds of pages of detailed definitions and regulations. I’ve read both versions from cover to cover, been to dozens of hours of public meetings, and I’m still confused on many key provisions.
However, to make things a little easier, I am breaking down some of the issues into smaller, more digestible, segments. Here is the first one.
Code Refresh: Bait and Switch?
Back in the old days, car dealers used to advertise an incredibly good bargain on a popular car. However, when potential buyers went to the showroom, they found that nothing was available at the advertised price. In many cases, the bargain vehicle never existed. Customers would then get a hard sales pitch to buy a higher priced model. Consumer protection laws have reduced this practice. However, the city continues to use this tactic as part of their ongoing complete rewrite of the city’s zoning laws.The city planners recently got Council to approve a major change to the existing zoning regulations. It allowed accessory dwelling units (ADU) to be built on almost every single family residential lot in the city without needing city zoning approval. This was a removal of a major homeowner protection that has existed for decades. These changes have been bitterly contested in cities throughout the country. In order to gain public support for this radical initiative, the city promised three big safeguards:
1) The new dwelling unit would be of a reasonable size. Generally no more than 30% of the square footage of the main building on the property.
2) The ADU option would not be available for absentee landlords. The ADU could only be rented out by the property owner who lived on the property.
3) The use of the ADU for short term rental (Airbnb) would be well regulated. The STR would fall under the fairly stringent registration and monitoring requirements adopted by the city.
Flash forward a couple of years. The city is now proposing radical changes to the recently approved ADU guidelines. These remove the agreed upon constraints.
1) An ADU can be built and rented out even if the primary residence is a rental owned by an absent landlord or company.
2) An ADU can now occupy a larger portion of most properties. Instead of the universal 30% limit, there is a complicated/confusing set of rules about square footage and lot size coverage.
3) And, while not changed substantially in the new rules, the short term rental of an ADU is not as stringently monitored as initially promised. Reporting has shown that so far the regulation of STR‘s has not been effective. It is estimated only about 10% of over a thousand short term rentals are properly registered or monitored by the city.
I encourage all concerned residents to go to the ADU section of the draft
https://richmond.konveio.com/code-refresh-draft-two
Go to “Draft Use Provisions”. Then Section 3.5.2 (A) Accessory Dwelling Unit (page 3-33).
Leave comments there about your thoughts and concerns. My comment is 'the city should leave the current ADU definition and guidance unchanged. The new rules were recently adopted. No substantial changes should be made for several years to allow thoughtful evaluation. ADUs should remain at 30% of main building. No ADU should be rented by other than the resident of main dwelling.'"Editor's note: COMMENT on the 1. Draft Map -AND- 2. Draft Regulations but also 3. UPVOTE and DOWNVOTE existing comments and 4. tell your councilmember what you think!
