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A - Page 15 of 23 21 Elements developing in an area required to remain as `Natural State'; if a property has maxed out the "developable area "? Areas where ADUs are allowed can only be limited due to public safety, traffic flow, or the availability of water and sewer. If slope is so steep that it present a threat to public safety, ADUs can be prohibited. Jurisdictions may limit building in environmentally sensitive areas but somewhere on the lot, the person has to be able to build a special (e) ADU. ADUs must also conform with any Local Coastal Plan, wetland laws, etc. • Can a local jurisdiction prohibit an AD U from being accessed from a secondary driveway, requiring an ADU to be accessedfrom theprimary driveway? Many jurisdictions may not run into access issues, but on very large properties Fire Departments will usually require some type of emergency vehicle access, which could deny an ADU if they cannotprovide access off the primary driveway. Generally, cities are free to additional standards as long as they do not prevent the development of special (e) ADUs. 8. Lot Size and FAR • Can a local jurisdiction require a minimum lot side for detached AD Us, while still allowing attached ADUs on any lot si.Ze; Lot size cannot be a criteria. • If a site is already maxed out on floor area, does the jurisdiction still have to allow an ADU? Regardless of FAR, any homeowner can build a special (e) ADU. • Ifyes, would we apply this `free" SF to all lots, or only those that are maxed out on floor area? Meaning is someone already had an ADU, they would notget the `free" SF to add somewhere else, giving maxed out properties a distinct advantage to develop additional SF. That is a policy decision. It's true that some property owners will get more FAR than others, but some jurisdictions might be ok with this. • If a jurisdiction allows 2 ADUs on many properties, , would theyget the `free" SF for a 2nd ADU since the jurisdiction allows 2 AD Us someone already has one AD U and are maxed out on floor area? Single family homeowners are only entitled to trump local standards for the first ADU, and only for an ADU up to 800 square feet, no more than 16 feet high, with 4 -foot side and rear setbacks. 9. Maximum size • Can a height limitation of less than 76 ft be imposed on ADUs? For ADUs over 800 sf, you could have lower height limits. For existing buildings being converted or 800 or less sf new buildings, -you must allow 16 feet. HCD reports that they believe the minimum height should be 16 feet. • W>hat is the absolute maximum size an ADU may be for attached and detached ADUs? Although state ADU law provides that the maximum ADU size is 1200 sf for a detached ADU and 50% of the main house for an attached ADU, agencies are also allowed to be more permissive rules than the state law specifies. 10. jADUs • Whatis the definition of jAD U? 4 363