Staff: HCD says ADUs cannot be converted to primary dwellings without a building permit; fees unclear

Planning staff told commissioners the city attorney contacted the California Department of Housing and Community Development (HCD) about SB 9 and ADU rules and summarized HCD's response: an ADU is accessory to a primary dwelling and cannot be converted into a primary dwelling without obtaining the necessary building permits; HCD offered no explicit ruling on whether the city may collect development-impact fees in the conversion scenario.

Commissioners noted that requiring a building permit to effectuate a conversion would allow the city to collect fees at that time; staff confirmed there is a process to require code updates and building-permit review to address nonconforming ADU situations. The commission received the report and had no substantive action on the matter at this hearing.