AgdaPkt 2020-02-10 Joint SA PFA - Laserfiche WebLink

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A - Page 13 of 23 Ir 21 Elements b. What is the absolute maximum size an ADU may be for attached and detached ADUs? 10. jADUs a. What is the definition of jADU? 1. Setback rules • Do 4 feet side and rear setbacks apply to attached and detached? Yes. Homeowners can also convert existing structures if they have smaller setbacks. If a homeowner demolished a garage that was built in the setback, they could build an ADU in the setback, with the same footprint, but if they wanted to extend the ADU, the extension would have to follow setback rules. • Does side refer to only interior side or are exterior sides next to the street subject to this setback as well? Assuming this question is about corner lots. There is no definition of side setback so it -one interpretation is that it would apply to any setback that a city defines as a side setback. HCD takes a more conservative approach and says to treat both sides of the house as sides for setbacks. • What happens when an existing nonconforming building is in the setback and the properly owner wants to build an ADU by expanding the footprint of the building? Cities must allow existing building in setbacks to be converted to ADUs. Cities also must allow new ADUs with four foot setbacks. These two principals can be combined. Take for example the case of an existing legal non conforming building (ELNCB) that has a 2 foot setback and the owner wants to build on that same footprint and then expand. The jurisdiction must permit the homeowner to build on that 2 foot setback tracing the ELCNB's footprint and then jog out to the 4 foot setback for the rest of the new construction. • If city allows 2 stories, can upper floors have greater setbacks? There are no exceptions mentioned for the setback rules. If a jurisdiction allows two story ADUs, you have to follow the setback rules. Cities could potentially loosen the rules around duplexes to allow two story buildings with greater setbacks. 2. Multifamily • Are duplexes considered multi family for the purposes of assessing total allowable AD Us on a single lot? Yes, likely. The ADU law does not define "multifamily. The ADU law divides the world into single family and multifamily, so the consensus opinion is that duplexes are multifamily. 3. Over Garages • Please confirm that state law no longer requires jurisdictions to allow AD Us over detached garages. Homeowners likely have the right to convert existing space above a garage to an ADU. The reference to ADUs above garages has been removed from the law, so cities likely do not need to allow homeowners to add a new building on top of a garage if nothing exists there currently. 4. Definition of Accessory Structure 2 361