Planning Commission Supplemental Material 82725 (1)

In addition, ADUs that qualify for the protections of Government Code section 66323, like other ADUs, must be processed by local governments within 60 days of a complete permit application submittal. (Gov. Code, § 66317, subd. (a).) State law also prohibits creating regulations on ADU development not explicitly allowed by state law. Government Code Section 66315 states, “No additional standards, other than those provided in Section 66314, shall be used or imposed, including an owner-occupant requirement, except that a local agency may require that the property may be used for rentals of terms 30 days or longer.” Impermissible Size Limits on Detached ADUs on Multifamily Parcels Code section 18.106.050(C) limits detached ADUs to 850 or 1000 square feet, depending on the number of bedrooms. [Code section 18.106.045(B) allows attached ADUs created from existing space to exceed these size limits.] However, the City should be aware that size restrictions are not permitted for new construction, detached ADUs on multifamily parcels. Government Code section 66323 subdivision (a)(4) allows up to eight detached ADUs on multifamily parcels without size restrictions. Additionally, such size restrictions are not permitted for conversions of detached accessory buildings into ADUs pursuant to Government Code section 66323, subdivision (a)(1). Size restrictions are plainly forbidden by Government Code, section 66323, subdivision (b), which explicitly exempts statewide exemption ADUs from all local standards: “(b) A local agency shall not impose any objective development or design standard that is not authorized by this section upon any accessory dwelling unit that meets the requirements of any of paragraphs (1) to (4), inclusive, of subdivision (a).” Government Code section 66323 subdivision (a) does not contain size limits for new construction, detached ADUs on multifamily parcels, nor does it contain size restrictions for conversions of accessory buildings into ADUs on single family parcels. Because this section of law does not contain such size limits, the City may not impose such size limits. HCD reaffirms this requirement of state law on 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), 2 of 3