Exhibit D State ADU Law Areas of Local DiscretionState law gives jurisdictions limited authority to establish local standards for ADUs, including but not limited to unit size, parking, height, setbacks, landscape, architecture, and to prevent adverse impacts on property that is listed in the California Register of Historic Resources. The table below provides a summary of the level of discretion that a jurisdiction can apply to local land development standards on accessory dwelling units. Topic City Discretion Description Unit size Limited Local agencies may establish size limits for ADUs, provided the limits are within the range allowed by state law as shown below: Maximum: feet Minimum (Maximum): -bedroom: 850 square feet -Bedroom+: 1,000 square feet Parking Limited Local agencies may impose off-street parking standards on ADUs provided the parking rate does not exceed one space per unit or one space per bedroom, whichever is less. There are exceptions: A local agency cannot require parking if the ADU meets any one of the following: historic district accessory structure -street parking permits are required, but when the ADU occupant is not offered such a permit submitted with a permit application to create a new single-family dwelling or a new multifamily dwelling on the same lot, provided that the accessory dwelling unit or the parcel satisfies any other criteria listed in this paragraph. Additionally, a local agency cannot require replacement parking if a garage, carport or covered parking structure is converted into an ADU.
Height Limited Local agencies may impose a height limit for detached ADUs provided it is not less than 16 feet. Additional height is allowed for the following: Max 18 feet for a detached accessory dwelling unit that is within one-half mile walking distance of a major transit stop/corridor. An additional two feet in height is allowed (20 feet max.) to the primary dwelling unit. Max 18 feet for a detached accessory dwelling unit on a lot with an existing or proposed multifamily (two-family or multiple-family dwelling), multistory dwelling. Max 25 feet or the height limitation in the local zoning ordinance that applies to the primary dwelling, for an accessory dwelling unit that is attached to a primary dwelling but not to exceed two stories. Roof decks Full State law is silent on roof decks. Setbacks Limited Local agencies may impose side and rear yard setbacks provided they are consistent with the following: detached), a setback of no more than four feet from the side and rear lot lines can be required. rebuilding a structure in the same location and with the same dimensions as an existing structure, no setback can be required. -right) ADUs that are maximum 800 square feet and meet the four feet side and rear setback and all other required development standards- Front yard setback requirements cannot prevent the by-right ADU from being built. Local agencies may impose front yard setbacks and have limited discretion to impose additional setbacks for safety or compliance with other state laws such as required habitat buffers. Building separation Full State law is silent on building separation requirements between detached structures on the same lot. Landscape Full State law gives local agencies discretion on landscape requirements. Architecture Full Local agencies may impose architectural requirements provided that the standards can be imposed through a building permit application process (ministerial process). Standards to prevent adverse impacts to property listed in the California Register of Historic Resources Full Local agencies may establish standards that prevent impacts to historic resources.