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8.A. - Page 27 of 32 <br />Diana O'Dell, AICD, Acting Planning Manager <br />Page 2 <br />With respect to not allowing ADUs above garages and maximum unit sizes, a local <br />government cannot preclude an ADU above a garage if the ADU is converting existing <br />space and cannot apply development standards such as heights and maximum unit <br />sizes. At the same time, while a local government, generally, may create development <br />and design standards, including heights and maximum unit sizes that could impact or <br />regulate the development of new ADU space above a garage, HCD offers the following <br />comments for consideration: <br />• Development standards cannot be excessively burdensome so as to <br />unreasonably restrict the ability of homeowners to create ADUs. <br />Maximum unit sizes under 500 square feet are generally considered burdensome <br />depending on circumstances. <br />• The cumulative impact of all development standards should be evaluated when <br />considering potentially burdensome standards such as one story heights. <br />Barring setback provisions pursuant to Gov. Code Section 65852.2(a)(D)(vii), <br />other standards and design standards may also be imposed to address the city's <br />concerns with potential issues related to height. <br />• Actions and decision making related to the ADU ordinance should be consistent <br />with the housing element, including policies and programs (e.g., Goal H-3, Goal <br />H-4 and related policies and program). <br />Specifically, not allowing ADUs over garages may be inconsistent with Program <br />H-12. HCD has authority to review actions or inactions inconsistent with the <br />housing element pursuant to Gov. Code Section 65585. <br />HCD encourages the city to think creatively to address potential concerns while <br />achieving housing goals and successfully implementing its housing element. HCD <br />appreciates the city's efforts in the preparation of the proposed ordinance and <br />welcomes the opportunity to assist the city in the drafting and implementation of its ADU <br />ordinance. Please feel free to contact Greg Nickless, of our staff, at (916) 274-6244. <br />Sincerely, <br />260 <br />