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In addition, ADUs that qualify for the protections of Government Code section 66323, like <br />other ADUs, must be processed by local governments within 60 days of a complete permit <br />application submittal. (Gov. Code, § 66317, subd. (a).) <br />State law also prohibits creating regulations on ADU development not explicitly allowed by <br />state law. Government Code Section 66315 states, "No additional standards, other than those <br />provided in Section 66314, shall be used or imposed, including an owner -occupant <br />requirement, except that a local agency may require that the property may be used for <br />rentals of terms 30 days or longer." <br />Impermissible Size Limits on Detached ADUs on Multifamily Parcels <br />Code section 18.106.050(C) limits detached ADUs to 850 or 1000 square feet, depending on <br />the number of bedrooms. [Code section 18.106.045(B) allows attached ADUs created from <br />existing space to exceed these size limits.] <br />However, the City should be aware that size restrictions are not permitted for new <br />construction, detached ADUs on multifamily parcels. Government Code section 66323 <br />subdivision (a)(4) allows up to eight detached ADUs on multifamily parcels without size <br />restrictions. <br />Additionally, such size restrictions are not permitted for conversions of detached accessory <br />buildings into ADUs pursuant to Government Code section 66323, subdivision (a)(1). <br />Size restrictions are plainly forbidden by Government Code, section 66323, subdivision (b), <br />which explicitly exempts statewide exemption ADUs from all local standards: "M A local <br />agency shall not impose any objective development or design standard that is not <br />authorized by this section upon any accessory dwelling unit that meets the requirements of <br />any of paragraphs (1) to (4), inclusive, of subdivision (a)" Government Code section 66323 <br />subdivision (a) does not contain size limits for new construction, detached ADUs on <br />multifamily parcels, nor does it contain size restrictions for conversions of accessory <br />buildings into ADUs on single family parcels. Because this section of law does not contain <br />such size limits, the City may not impose such size limits. <br />HCD reaffirms this requirement of state law on page 20 of the January 2025 HCD ADU <br />Handbook (emphasis added): <br />A local agency may not impose development or design standards, including both <br />local standards and standards found in State ADU Law, on 66323 Units that are not <br />specifically listed in Government Code section 66323. (Gov. Code, § 66323, subds. (a), <br />2of3 <br />