Santa Clara lays down rules for mother-in-law apartments; hears from state legislators

SANTA CLARA — The Santa Clara City Council unanimously approved a new ordinance for accessory dwelling units, also known as “mother-in-law apartments,” in their Wednesday night meeting at Santa Clara Town Hall.

Stock image | Photo by irina88w/iStock/Getty Images Plus, St. George News

Cities are creating accessory dwelling housing ordinances in the wake of legislation passed by the state Legislature last March that required cities to permit and regulate dwelling units where a separate living unit is incorporated in a larger residence. This was seen as a way to expand affordable housing, and such units have also been used as short-term rentals for Airbnb or Vrbo.  

The new Santa Clara ordinance allows for what the city calls “internal accessory dwelling units” under certain conditions. The main restrictions include requiring that the unit be within the existing structure of the home and not a separate unit, as well as mandating that the unit include its own kitchen and bathroom. 

Santa Clara still allows for external guesthouses under a separate ordinance.

During the meeting, council member Ben Shakespeare gave praise to the new ordinance.

Council member Ben Shakespeare during the Santa Clara City Council meeting, Santa Clara, Utah, Oct. 28, 2021 | Photo by Chris Reed, St. George News

“We’re doing this the right way, and it will help with our housing,” Shakespeare said.

While not allowing for detached units on an owner’s property, Santa Clara is allowing for the conversion of a garage or carport. But any parking spaces displaced will require an off-street parking space added in return.  

Other requirements for accessory units include the following:

  • The owner of the residence must reside on the property.
  • Only one accessory unit is permitted.
  • An off-street parking space must be created for the unit. 
  • The unit would need a separate mailing address but cannot have separate power and water meters. 
  • The unit cannot be rented for less than 30 days.

Santa Clara City Planner Jim McNulty told the council the new ordinance will play a role in offering people affordable places to live in Santa Clara – especially those in the service industries. 

“It’s not going to solve all the problems, but it will help,” he said. 

Legislators pay a visit

State legislators Don Ipson and Lowry Snow came to the Santa Clara City Council meeting Wednesday night to provide a legislative update to the council.

State Sen. Don Ipson listens to Santa Clara Mayor Rick Rosenberg during the Santa Clara City Council meeting, Santa Clara, Utah, Oct. 28, 2021 | Photo by Chris Reed, St. George News

When it came time to address Santa Clara Mayor Rick Rosenberg, Ipson admits he choked up.

“We’ve just been friends a long time and I did choke up,” the state senator said. “He’s a good friend.”

Rosenberg filled in a few more pieces.

“The senator and I go way back to when we worked in a milk plant as teenagers,” Rosenberg said. 

While Ipson was in the Town Hall council chambers, Snow’s appeared via Zoom, as he said he was stuck at a conference in Utah County. Snow said he could see the irony that unlike Ipson, the former actually lives in Santa Clara. 

“You’re my City Council. … You’re my town,” Snow said. “Only those who serve in public service know the time we put in. I’m really proud of my community.”

Both legislators fielded questions from the council members ranging from COVID-19 vaccine and water mandates to housing. Ipson told St. George News the legislators like to get a feel for how the community stands by polling the council.

“Especially before the session,” Ipson said. “It gives us the issues that are important to the city. It gives us a chance to peek into that and make sure that we’re able to help them during the session, and it helps the communication.”

Council member Wendell Gubler expressed concern about mandates – both COVID-19 vaccine-related mandates from President Joe Biden and drought-related mandates from the state government.

Council member Wendell Gubler during the Santa Clara City Council meeting, Santa Clara, Utah, Oct. 28, 2021 | Photo by Chris Reed, St. George News

“I don’t like mandates whether they come from the federal government or the state government,” Gubler said. 

While saying there’s a “happy medium” to any drought restrictions, Ipson expressed solidarity with Gubler on any vaccine mandates, though he still supported the right of individual businesses to set up their own mandates. 

“It’s sad the Biden administration is blackmailing us a little bit. We’re saying as a Legislature we’re not going to have this stuffed down our throat,” Ipson said. “We have to do this in a way that pushes back on the executive branch and President Biden, but we can’t take away the right of business to determine their own policies.”

Regarding the name change for Dixie State University, council member Jarett Waite noted his opposition to the change, which is near final passage in the state legislature, and Ipson responding by saying, “This is why someone north sponsored the bill, because we won’t.”

Council member Leina Mathis brought up short-term housing and the concern that Salt Lake City may be coming up with more legislation that usurps municipal government.

“Sometimes, the cities get the brunt of that,” Mathis said. 

State House Rep. Lowry Snow projected on a screen in council chambers during the Santa Clara City Council meeting, Santa Clara, Utah, Oct. 28, 2021 | Photo by Chris Reed, St. George News

Snow said he stands on the side of Mathis but acknowledged that his colleagues may not agree. 

“We work overtime to try to leave local decisions to local government,” he said. “There is a group of legislators that might require corporations to help address housing shortage issue. Santa Clara has done a good job through zoning, and when a city does that well, we should honor local control.”

Along with the mayor and the council, Snow and Ipson heaped praise on Santa Clara-Ivins Police Chief Bob Flowers. 

“You don’t know how lucky you are to have Bob Flowers,” Ipson said. “He’s the one.” 

In other business, the council unanimously approved final plans for three separate subdivisions: at 1471 and 1483 Colbey Loop, two properties in the Blair Circle cul-de-sac, and at 3162 Bonneli Trail and 1177 Old Farm Road. Shakespeare recused himself in the vote for the latter, as his development firm was the applicant.

Editor’s note: This article has been updated for clarity regarding accessory dwellings and the current ordinance.

Copyright St. George News, SaintGeorgeUtah.com LLC, 2021, all rights reserved.

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