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9.A. - Page 2 of 43 <br />ANALYSIS <br />Analysis for floor area, lot coverage, and short-term rentals is included in the November 23, 2020 City <br />Council staff report (link also provided at the end of the staff report) and summarized below. As noted, <br />there was general City Council consensus on these items during the November 23, 2020 public hearing. <br />Floor Area: <br />Lot Coverage: <br />- Planning Commission recommended to apply floor area to the extent possible <br />allowed by the State law. Staff recommended exempting all ADUs from floor area <br />ratio requirements. The staff recommendation differed from the Commission <br />recommendation. <br />- City Council approved exempting all ADUs from floor area requirements. <br />- Planning Commission recommended to exempt all ADUs from lot coverage <br />requirements. <br />- City Council approved exempting all ADUs from lot coverage requirements. <br />Short -Term Rentals: <br />- Planning Commission recommended to prohibit short-term rentals in all ADUs. <br />- City Council approved allowing all existing short-term rentals in ADUs constructed <br />prior to January 1, 2020 and removing the primary residency requirement for ADUs <br />and prohibiting any new short-term rentals in all other ADUs. <br />ADU Height <br />Local regulations related to ADUs have been the subject of extensive discussion and input over the last <br />two years as the City considered changes necessitated by evolving State law. Discussion and input <br />occurred at five City Council hearings, three Planning Commission hearings, and one joint study session <br />between the City Council and Planning Commission. These hearings considered the role of ADUs in <br />providing housing options in the community, interests of property owners and interests of neighbors <br />adjacent to ADUs. Allowable heights for ADUs have been particularly controversial. State law requires <br />cities to allow new ADUs of at least 16 ft. in height; however, cities may choose to allow taller ADUs. <br />The State Housing and Community Development Department (HCD) released an ADU Handbook in <br />September 2020, and updated in December 2020, summarizing the changes to State law and answering <br />frequently asked questions regarding interpretations of the State law. The HCD Handbook identifies that <br />local ADU ordinances existing prior to the new laws passed in 2020 are invalid only to the extent that they <br />conflict with State law. Cities may continue the compliant provisions of an ordinance and apply the state <br />standards where pertinent until the ordinance is amended or replaced to fully comply with ADU law. The <br />City is required to submit the finalized ADU ordinance to HCD to review for compliance with State law. <br />The HCD Handbook corrected previous interpretations by 21 Elements and others that if any portion of <br />the ADU Ordinance was not compliant with State law, then the entire ordinance would be invalid. <br />Page 2 of 7 <br />City of Redwood City 1017 Middlefield Road, Redwood City, CA. 94063 Tel: 650-780-7000 www.redwoodcity.org <br />66 <br />