CITY COUNCIL REGULAR SUPPLEMENTAL MATERIAL

Additionally, this section contains non-objective standards (emphasis added): • "Architecture of an accessory dwelling unit shall match the existing architectural style of the primary residence" (City code § 17.70.040(C)(1)(a).) • "Use of same trim material and trim style" (City code § 17.70.040(C)(1)(a)(ii).) • "Use of same roof form, roofing material and roof slope to the maximum extent feasible" (City code § 17.70.040(C)(1)(a)(iii).) • "To the maximum extent feasible, mechanical equipment and plumbing, conduit, or cabling for utilities is not permitted on the exterior walls of the accessory dwelling unit." (City code § 17.70.040(C)(1)(d).) These are not objective standards, as it is impossible for an applicant to know, ex ante, what a reviewing official will consider to be of the same "style" as the existing home or what is the "maximum extent feasible:' Government Code section 66314, subdivision(b)(1) permits the imposition of objective standards, and Government Code section 66315 prohibits the imposition of standards beyond what is provided for in section 66314. The City may therefore not impose these non-objective standards on any ADUs. HCD's guidelines, promulgated under its statutory authority in Government Code section 66327, confirm this. The January 2025 HCD ADU Handbook states: • State law"[dequires local agencies to only impose objective standards on ADUs" (pg. 13). • A requirement that ADUs "maintain a similar architectural style" is an example of a non-objective standard and thus "may not be imposed on ADU development" (pg. 35). Impermissible Parking Requirements City code section 18.106.060(C)(7) requires parking for each new ADU, less certain exceptions. 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 that the City cannot subject such ADUs to parking requirements. From page 20 of the January 2025 HCD ADU Handbook (emphasis added): "A local agency may not impose development or design standards, including both local standards and standards found in State ADU Law, on 66323 Units that are not specifically listed in Government Code section 66323. (Gov. Code, § 66323, subds. (a), (b).) This includes, but is not limited to, parking, height, setbacks, or other zoning provisions (e.g., lot size, open space, floor area ratio, etc.)." Impermissible FAR Limitation City code section 18.106.060(C)(8) applies underlying floor area ratio ("FAR") limits (defined in section 18.08.190 of the City zoning code as "Floor area, basic)" to ADUs as follows: 4of7