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A - Page 18 of 23 <br />21 Elements <br />Someone has an existing 1,200 SF primary dwelling. They would like to create a new 1,000 SF <br />ADU, which consists of converting 400 SF of the existing house and adding 600 SF to the rear <br />of the house. In this case, would the proposed ADU exceed 50% of the existing house (1,000 <br />SF > 50% of existing FAR)? Or are we only counting the 400 SF of the existing house being <br />converted as not "exceeding 50% of the existing primary dwelling". <br />Attached ADUs are limited to 800 sf or 50% of the existing house, whichever is greater, unless <br />cities want to allow more. In this case, the attached ADU would be limited to 800 sf. <br />2. Special (e) <br />Q - Does Govt Code require approval of garage conversions when the ADU/JADU could have <br />been constructed to its fullest size allowance in existing unconditioned space? <br />It is the homeowner's choice which unconditioned space or garage to convert to an ADU. <br />Q- Can cities impose front yard setbacks for streamlined ADUs approved under subsection (e). <br />Cities have received letters from non-governmental organizations stating otherwise. <br />There is a minority interpretation that concludes special (e) units are exempt from all zoning <br />rules and can be built in the front yard. The majority interpretation is that cities are free to <br />apply additional standards as long as they do not prevent the development of special (e) ADUs. <br />Q. Building separation for detached ADUs. Some cities have been applying fairly large <br />building separation requirements. These zoning ordinances are related to usable open space, <br />and not safety. May such separation requirements be applied to special (e) ADUs? What <br />prevents cities from all adopting large building separation requirements? <br />Cities may apply building separation standards as long as they do not preclude an 800 sf ADU. <br />3. Owner Occupancy <br />Q - Does Govt Code restrict the City's ability to require owner occupancy in primary <br />residence, ADU, or JADU; or in any combinations thereof? <br />Cities may not impose owner occupancy rules for ADUs built between 2020-2025. The main <br />house and the ADU may each be rented separately. Units with JADUs must be owner occupied <br />unless owned by a governmental agency, land trust, or housing organization (which is not <br />defined). <br />366 <br />