CITY COUNCIL REGULAR SUPPLEMENTAL MATERIAL

In addition, ADUs that qualify for the protections of Government Code section 66323, like other ADUs, must be processed by local governments within 60 days of a complete permit application submittal. (Gov. Code, § 66317, subd. (a).) State law also prohibits creating regulations on ADU development not explicitly allowed by state law. Government Code Section 66315 states, "No additional standards, other than those provided in Section 66314, shall be used or imposed, including an owner -occupant requirement, except that a local agency may require that the property may be used for rentals of terms 30 days or longer." Impermissible Underlying Standards City code section 18.106.020(F) applies underlying planned unit development and specific plan standards to ADUs that exceed 800 square feet, four foot side and rear setbacks, and 16-20 feet in height. Similarly, code section 18.106.045(D) applies underlying zoning standards to ADUs that exceed 800 square feet, four foot side and rear setbacks, and 16-20 feet in height. And code section 18.106.060(H) applies all other underlying residential zoning standards to ADUs. However, as discussed supra, Government Code section 66323 mandates that the City approve a specific class of ADUs subject only to specified height and setback requirements, notwithstanding any local code requirements to the contrary. This means, for example, that the City cannot impose landscaping regulations, open space requirements, floor area ratio regulations, parking requirements, front setbacks, etc. on ADUs that qualify for the protections of Government Code section 66323. While the carveouts contained in code sections 18.106.020(F) and 18.106.045(D) [regarding certain 800 square foot ADUs] would satisfy the requirements of Government Code section 66323, subdivision (a)(2), the City may not impose any underlying zoning, including but not limited to planned unit development and specific plan standards, on ADUs that meet the definitions contained in section 66323, subdivisions (a)(1), (a)(3), and (a)(4). And of course code section 18.106.060(H)'s general imposition of underlying zoning standards violates Government Code section 66323, subdivision (b): "M A local agency shall not impose any objective development or design standard that is not authorized by this section upon any accessory dwelling unit that meets the requirements of any of paragraphs (1) to (4), inclusive, of subdivision (a):' Similarly, code section 18.106.050(C) imposes underlying zoning requirements on the conversion of existing space within multifamily developments, except as modified by that chapter. As discussed, no such zoning requirements can be imposed on ADUs that qualify for the protections of Government Code section 66323, subdivision (a)(3). 2of7