“What design, zoning, or other local standards can be imposed on 66323 Units? 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.).
This means that the City must exempt section 66323 ADUs from all local standards not explicitly listed in Government Code section 66323. The City cannot decide to selectively apply some local standards to section 66323 ADUs - rather, the City may not apply any local standards.
Beyond the fact that Government Code section 66323, subdivision (b) does not permit the City to apply local standards to section 66323 ADUs, City code section 11.30.030 is also not objective. State law only allows local agencies to impose objective standards on ADUs. (Gov.
Code, § 66314, subd. (b)(1).) HCD’s ADU Handbook (see pages 13, 35, and 45) confirms that, pursuant to state law, only objective standards may be imposed on ADUs. The language of code section 11.30.030 is unclear as to which local regulations will be relaxed or what it 2 of 6
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means to relax a standard “only to the degree needed to allow the development.” (City code §
11.30.030(B).) This seems to allow city staff total discretion to decide which standards should be applied to section 66323 ADUs, and which should be waived.
Because of the specific phrasing of this code section, a number of other code sections fail to comply with state law, as discussed infra.
Impermissible Parking Requirements
City code section 11.30.060(H) imposes off-street parking requirements on ADUs, less certain exceptions. Because of the phrasing of code section 11.30.030(B), this means that code section 11.30.060(H) applies parking requirements to Government Code section 66323 ADUs.
However, as discussed supra, the City may not impose any development standards on ADUs eligible for the protections of Government Code section 66323, subdivision (a) beyond the height and setback requirements specified by state law. (Gov. Code, § 66323, subd. (b).) This means that the City may not impose any off-street parking requirements on such ADUs.
“What design, zoning, or other local standards can be imposed on 66323 Units? 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 City should amend the code to eliminate this off-street parking requirement, as it is clearly forbidden by state law.
Impermissible Location Requirement For ADUs
City code section 11.30.060(I) requires that ADUs be located to the rear of the primary dwelling unit. Because of the phrasing of code section 11.30.030(B), this means that code section 11.30.060(I) applies this location requirement to Government Code section 66323 ADUs.
However, as discussed supra, the City may not impose any development standards on ADUs eligible for the protections of Government Code section 66323, subdivision (a) beyond the height and setback requirements specified by state law. (Gov. Code, § 66323, subd. (b).) This means that the City may not impose any location requirements on such ADUs. 3 of 6
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“What design, zoning, or other local standards can be imposed on 66323 Units? 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 City should amend the code to eliminate this location requirement, as it is clearly forbidden by state law.
Impermissible Design Standards
City code sections 11.30.070(A)(2) and (A)(3) impose door location requirements on ADUs.
City code section 11.30.070(B) requires stairwells to be enclosed. City code section
11.30.070(C) regulates balconies, decks, and roof decks developed in conjunction with ADUs.
City code section 11.30.070(D)(1) requires a detached ADU to match the design characteristics of the primary dwelling unit. City code section 11.30.070(E) imposes historic preservation regulations on detached and conversion ADUs. Because of the phrasing of code section
11.30.030(B), all these various code requirements are applicable to section 66323 ADUs.
However, as discussed supra, the City may not impose any design development standards on ADUs eligible for the protections of Government Code section 66323, subdivision (a) beyond the height and setback requirements specified by state law. (Gov. Code, § 66323, subd. (b).) This means that the City may not impose any of the above listed requirements on such ADUs.
Government Code section 66323, subdivision (b) is very clear on this point: “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).”
“What design, zoning, or other local standards can be imposed on 66323 Units? 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.). 4 of 6
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The City should amend the code to specify that none of these provisions are applicable to section 66323 ADUs.
Impermissible Foundation Requirement
City code section 11.30.110(B) mandates that “Pre-manufactured [sic] ADUs must be anchored to a continuous foundation as prescribed by the building code or anchored to a continuous foundation designed by a CA registered engineer.” Because of the phrasing of code section 11.30.030(B), this means that code section 11.30.110(B) applies this foundation requirement to Government Code section 66323 ADUs.
As the City must be aware, manufactured housing is regulated by the federal HUD code, not by state building code. Government Code section 66313, subdivision (a)(2) allows a manufactured home, as defined by section 18007 of the Health and Safety Code, to serve as an ADU. Section 18007 of the Health and Safety Code states that a manufactured home is “designed to be used as a single-family dwelling with or without a foundation when connected to the required utilities …”
As discussed supra, the City may not impose any development standards on ADUs eligible for the protections of Government Code section 66323, subdivision (a) beyond the height and setback requirements specified by state law. (Gov. Code, § 66323, subd. (b).) This means that the City may not impose this foundation requirement on section 66323 ADUs.
Government Code section 66323, subdivision (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).”
“What design, zoning, or other local standards can be imposed on 66323 Units? 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 City should amend the code to specify that the foundation requirement does not apply to section 66323 ADUs.
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Impermissible Restriction on Utilities Connections
City code section 11.30.110(C) forbids separate utility connections, including water, sewer, and power, to an ADU. Because of the phrasing of code section 11.30.030(B), this means that code section 11.30.110(C) applies this regulation to Government Code section 66323 ADUs.
As discussed supra, the City may not impose any development standards on ADUs eligible for the protections of Government Code section 66323, subdivision (a) beyond the height and setback requirements specified by state law. (Gov. Code, § 66323, subd. (b).) This means that the City may not forbid separate utility connections for such ADUs.
It is also unclear why the City would wish to forbid these connections. Separate connections are clearly contemplated by Government Code section 66324, subdivision (d), which forbids a city from mandating them unless the ADU is developed with a new single family home or if the ADU is to be sold separately.
The public purpose of this prohibition is unclear, unless the City is attempting to institute a backdoor prohibition of all separate ADU sales, in spite of the fact that they are explicitly authorized by Government Code section 66341.
⧫ ⧫ ⧫
CalHDF appreciates the City’s effort to implement state law governing ADU construction.
However, the City should amend its ordinance to ensure that it complies with state law.
CalHDF is a 501(c)(3) non-profit corporation whose mission includes advocating for increased access to housing for Californians at all income levels, including low-income households. You may learn more about CalHDF at www.calhdf.org.
Sincerely,
Dylan Casey
CalHDF Executive Director
James M. Lloyd
CalHDF Director of Planning and Investigations
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