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A - Page 22 of 23 <br />21 Elements <br />8. 150 SF Additions <br />Q. Are these additions also exempt from lot coverage and floor area? Are these additions <br />subject to setback and declining height envelope (daylight plane) requirements? <br />These are intended to allow a stairway so people can leave the ADU. Similar to other special (e) <br />units, HCD's interpretation is that cities can negotiate about the exact details, but at the end of <br />the day the homeowners must be allowed to build the staircase. <br />9. Multifamily Properties <br />Q. State law states you can add up to two detached ADUs and are "subject to a height limit of <br />16 feet and four -foot rear yard and side setbacks". Does this mean that a minimum four -foot <br />side and rear setback is required? Can we require greater side and rear setbacks? <br />Cities can reduce the setbacks and increase the height, but they may not be more restrictive. <br />Q. Can a City limit the number of garages converted as part of a multifamily conversion? (Ex. <br />100 unit apartment w/200 parking spaces. Using the 25% multifamily rule, can you covert all <br />200 parking spaces to 25 ADUs?) <br />The property owner may be required to provide parking if the ADUs are not exempt (e.g. near <br />transit). <br />If a single family home converts a garage to an ADU, they do not need to make up the parking. <br />It is not clear if this applies to multifamily. Because the wording of the relevant section of the <br />law is singular (an ADU), there is an argument that it does not apply to multifamily ADUs. <br />When a garage, carport, or covered parking structure is demolished in conjunction with <br />the construction of an accessory dwelling unit or converted to an accessory dwelling <br />unit, the local agency shall not require that those offstreet parking spaces be replaced. <br />Q. Can cities choose to allow conversion of "livable space" for multifamily ADUs? <br />Yes <br />Q. How are fractions considered from the 25% multifamily rule? Are you required to round up <br />or down with fractional units? <br />No guidance is given. <br />0 <br />370 <br />