CITY COUNCIL REGULAR SUPPLEMENTAL MATERIAL

setback requirements, notwithstanding any local code requirements to the contrary. This means that the City cannot subject such ADUs to open space 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 Historic Standards Code section 18.106.060(G) prohibits an ADU from creating adverse impacts on any property that is listed in the California Register of Historical Resources. As discussed supra, the City may not impose any development standards on ADUs that qualify for the protections of Government Code 66323, subdivision (a). See pages 18-20 of the HCD's January 2025 ADU Handbook for further information on section 66323 ADUs. For instance, from page 20 of the Handbook: "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 Deed Restriction Requirement Code section 18.106.060(I) requires a restrictive covenant to be placed on the property prior to issuance of a building permit for an ADU. This is a clear violation of Government Code section 66323, which prohibits any standards not explicitly authorized in that section. Deed restrictions are also not permitted by Government Code section 66315, which forbids standards not listed in section 66314, and it is unclear why the City would want applicants to go through the trouble of filing such a deed restriction, other than to discourage ADU development by increasing development cost. The California Department of Housing and Community Development ("HCD") has communicated that such deed restrictions are unlawful. The January 2025 HCD ADU Handbook specifically forbids deed restrictions as a condition of ADU development (see page 22). Additionally, such deed restrictions imposed on ADUs (or on other accessory structures) are unenforceable. This is due to the absence of horizontal privity between the Town and the applicant. In other words, since the Town does not own the applicant's property at the time of the application, and does not own a neighboring property to whose benefit the proposed 6of7