CITY COUNCIL REGULAR SUPPLEMENTAL MATERIAL

The square footage of the primary residence and accessory dwelling unit(s) combined cannot exceed the maximum floor area ratio requirement for the lot, except that the maximum floor area ratio may not reduce the square footage of an accessory dwelling unit to less than 800 square feet if the accessory dwelling unit is 16 feet or less in height and located at least four feet from side and rear property lines. This section of code is unlawful for several reasons. 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 FAR regulations. 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.)" The carveout for 800 square foot ADUs with 16 foot heights does not save this section of code. First of all, Government Code section 66321, subdivision (b)(4) allows for ADUs up to 20 feet in height in certain circumstances, and section 66323, subdivisions (a)(2) and (a)(4) allow statewide exemption ADUs to take advantage of the height limits found in section 66321, subdivision (b)(4). Second, Government Code section 66323, subdivision (a)(1)(A) allows accessory structures to be expanded by 150 square feet to facilitate ingress/egress when being converted into an ADU. Such 150 square foot expansion cannot be subject to such FAR limits. Thirdly, Government Code section 66323, subdivision (a)(4) allows for detached, new construction ADUs on multifamily properties, with two detached ADUs allowed for proposed multifamily buildings and eight ADUs allowed for existing multifamily buildings. The City may not use this FAR limit to prevent the construction of such ADUs, nor may it use FAR to limit the size of these ADUs. Impermissible Open Space Requirement City code section 18.106.060(C)(9) requires 80 square feet of open space per ADU, subject to the same proviso that this may not reduce the size of an 800 square foot ADU that is not more than 16 feet in height. However, as discussed supra, Government Code section 66323 mandates that the City approve a specific class of ADUs subject only to specified height and 5of7