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The City should amend its code so that no underlying zoning standards are applied to ADUs <br />eligible for the protections of Government Code section 66323. <br />For more information on the City's duty regarding Government Code section 66323 ADUs, <br />see the January 2025 HCD ADU Handbook, page 18 et seq. <br />Impermissible Front Setback Regulations <br />City code section 118.106.045(B) forbids new detached ADUs from being located in the front <br />yard setback, with an encroachment allowed only if an 800 square foot ADU is not otherwise <br />developable on the property. <br />However, Government Code section 66323, subdivision (a) does not permit any imposition of <br />front setback requirements, if the ADUs qualify for the protections of that section of law. <br />There are many policy reasons for this. For instance, a homeowner may prefer to preserve a <br />private backyard space while redeveloping the less useful front yard. While children may <br />play in the backyard, the front yard is closer to the street and less safe for a variety of <br />activities. The City therefore must allow front yard ADUs that comply with the standards in <br />Government Code section 66323, subdivision (a) both on single family and on multifamily <br />properties. <br />HCD has issued guidance under its authority in Government Code section 66327 (that <br />guidance is located in the January 2025 HCD ADU Handbook, page 18) affirming the duty of <br />local agencies to allow ADUs protected by Government Code section 66323 in the front <br />setback under all circumstances. <br />Impermissible Design Standards <br />City code sections 18.106.060(C)(1)-(6) impose a variety of design standards on ADUs. <br />However, as discussed supra, if the ADU qualifies for the protections of Government Code <br />section 66323, subdivision (a) then the city must approve it ministerially, via building permit <br />only, and cannot impose any such design regulations, as this section of state law only <br />permits specified height and setback regulations. <br />From page 20 of the January 2025 HCD ADU Handbook (emphasis added): "A local agency <br />may not impose development or design standards, including both local standards and <br />standards found in State ADU Law, on 66323 Units that are not specifically listed in <br />Government Code section 66323. (Gov. Code, § 66323, subds. (a), (b).) This includes, but is not <br />limited to, parking, height, setbacks, or other zoning provisions (e.g., lot size, open space, <br />floor area ratio, etc.)." <br />3of7 <br />