CC SR 20161220 04 - Urgency Ordinance Accessory Dwelling UnitsRANCHO PALOS VERDES CITY COUNCIL MEETING DATE: 12/20/2016
AGENDA REPORT AGENDA HEADING: Regular Business
AGENDA DESCRIPTION:
Consideration and possible action to adopt an urgency ordinance revising Chapters
17.10 and 17.96 of Title 17 of the Municipal Code, and to initiate a code amendment to
consider amending Chapters 17.10 and 17.96 of Title 17 of the Municipal Code,
updating the City's Second Unit Development standards (Case No. ZON2016-00579).
RECOMMENDED COUNCIL ACTION:
1) Initiate Code Amendment proceedings to consider amending Chapters 17.10 and
17.96 of Title 17, updating the City's Second Unit Development Standards; and
2) Adopt Urgency Ordinance No. _U; thereby amending Chapters 17.10 and 17.96
of Title 17 to comply with State law regarding Accessory Dwelling Units (formerly
known as "Second Units").
FISCAL IMPACT: None.
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Ara Mihranian, AICP, Director of Community Development.
REVIEWED BY: Gabriella Yap, Deputy City Manager O-,"
APPROVED BY: Doug Willmore, City ManagerVI
ATTACHED SUPPORTING DOCUMENTS:
A. Urgency Ordinance No. U (Page A-1)
B. Assembly Bill 2299 and Senate Bill 1069 (Page B-1)
BACKGROUND AND DISCUSSION:
On September 28, 2016, the Governor signed Assembly Bill 2299 and Senate Bill 1069,
thereby renaming second units as "Accessory Dwelling Units" and requiring cities to
update their development codes relating to Accessory Dwelling Units no later than
January 1, 2017. These bills amend Government Code Section 65852.2 to establish
detailed standards regulating Accessory Dwelling Units, and to provide that a city
ordinance that does not comply with these standards would be invalidated.
The intent of these new bills is to "support infill and affordable housing development."
The bills would "ease and streamline" current statewide regulations, encourage the
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building of accessory dwelling units, and create more housing options. The bills would
also "improve and incentivize the creation of accessory dwelling units as ways to create
more rental property and incomes for families to stay in their current homes." Overall,
the bills are intended to "ease barriers" to the construction and permitting of accessory
dwelling units by local governments.
Municipal Code Chapter 17.10 currently establishes the City's Second Unit
Development Standards. In order to comply with the new law, the following existing
standards will need to be revised:
Allow one Accessory Dwelling Unit within the existing space of each single-family
residence in single-family residential districts, subject to some exceptions;
Allow new parking options for Accessory Dwelling Units; and,
Change some floor area, setback, and pathway requirements.
Due to the confusion and concerns of many California cities about the new standards,
the California Department of Housing and Community Development will be issuing
technical guidance to cities in mid-December with their interpretation of the new
requirements. If this guidance is released prior to the December 20, 2016, meeting,
Staff will include this as Late Correspondence.
If the City does not amend its Municipal Code and a court finds that the City's Second
Unit Development Standards do not comply with the new State law, the City's standards
will be invalidated and Staff will be ordered to apply the standards set forth in the new
State law. Therefore, Staff recommends the City adopt an urgency ordinance that
immediately does the following to comply with the new State law (underline emphasis
added):
• Provides a definition for an Accessory Dwelling Unit.
• Clarifies that the total floor space for an attached Accessory Dwelling Unit shall
not exceed the lesser of either fifty percent of the primary residence's main
building floor area or 1,200 square feet.
• Clarifies that Accessory Dwelling Units shall not be considered new residential
uses for the purposes of calculating local agency connection fees or capacity
charges for utilities. Fees charged for the construction of Accessory Dwelling
Units shall be determined in accordance with Government Code Chapters 5 and
7.
• Provides that a minimum of one unenclosed parking space shall be provided for
the Accessory Dwelling Unit and shall meet the minimum dimensions stated in
Section 17.02.030(E)(5). Such parking area may be tandem to the parking areas
for the primary residence. Unenclosed off street parking shall be permitted in
setback areas in locations determined by the City or through tandem parking,
unless the Director determines that parking in setback areas or tandem parking is
not compatible with the character of the neighborhood based upon specific site or
topographical constraints, fire and life safety conditions, or that it is not permitted
anywhere else in the jurisdiction.
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Provides that no parking standards are imposed on an Accessory Dwelling Unit if
any of the following apply: (1) the Accessory Dwelling Unit is located within one-
half mile of public transit; (2) the Accessory Dwelling Unit is located within an
architecturally and historically significant historic district; (3) the Accessory
Dwelling Unit is part of the existing primary residence or an existing accessory
structure; (4) when on -street parking permits are required but not offered to the
occupant of the Accessory Dwelling Unit; or, (5) when there is a car -share
vehicle located within one block of the Accessory Dwelling Unit.
Provides that no passageway is required in conjunction with the construction of
an Accessory Dwelling Unit. For purposes of this chapter, a "passageway"
means a pathway that is unobstructed clear to the sky and extends from a street
to one entrance of the Accessory Dwelling Unit. This definition shall be
interpreted as consistent with the definition of "passageway" found in
Government Code section 65752.2.
Provides that no setback shall be required for an existing garage that is
converted to an Accessory Dwelling Unit within the same footprint as the existing
garage. When a garage, carport, or covered parking structure is demolished in
conjunction with the construction of an Accessory Dwelling Unit, and the City
requires that those off street parking spaces be replaced, the replacement
spaces may be located in any configuration on the same lot as the Accessory
Dwelling Unit, including, but not limited to, as covered spaces, uncovered
spaces, or tandem spaces, or by the use of mechanical automobile parking lifts.
Provides that when an Accessory Dwelling Unit is constructed above an existing
garage, a setback of no more than five feet from the side and rear lot lines shall
be required. As discussed in 17.10.020(E), an Accessory Dwelling Unit shall not
exceed sixteen feet in height unless a Height Variation Permit is granted
pursuant to Municipal Code Section 17.02.040 (View Preservation and
Restoration).
Provides that the City shall ministerially approve a minor Site Plan Review
application for a building permit to create one Accessory Dwelling unit per single-
family lot within a single-family residential zone, if the unit is contained within the
existing space of a single-family residence or accessory structure; has
independent exterior access from the existing residence; and the side and rear
setbacks are sufficient for fire safety. Accessory Dwelling Units shall not be
required to provide fire sprinklers if they are not required for the primary
residence. Furthermore: (A) the Accessory Dwelling Units governed by this
section shall not be required to install a new or separate utility connection directly
between the Accessory Dwelling Unit and the utility, or to pay a related
connection fee or capacity charge; and, (B) parking limitations described in
Municipal Code Section 17.10.020(1) do not apply to the Accessory Dwelling
Units described in this section.
CONCLUSION:
Staff recommends that the City Council adopt Urgency Ordinance No. U, making the
code amendments regarding Accessory Dwelling Units effective immediately (i.e.,
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before the January 1, 2017 deadline); and initiate Code Amendment proceedings to
allow the Planning Commission to propose modified language for the City's Second Unit
Development standards for consideration by the City Council at a future, duly -noticed
public hearing.
ALTERNATIVES:
In addition to the Staff recommendations, the following alternatives are available for the
City Council's consideration:
1. Adopt a revised Urgency Ordinance.
2. Direct Staff to take no action at this time, thereby risking that the courts
may invalidate the City's current Second Dwelling Unit Standards.
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ORDINANCE NO. U
AN URGENCY ORDINANCE OF THE CITY OF RANCHO PALOS
VERDES, CALIFORNIA, AMENDING CHAPTER 17.10 (SECOND
UNIT DEVELOPMENT STANDARDS) AND 17.96 (DEFINITIONS)
OF TITLE 17 OF THE CITY'S MUNICIPAL CODE UPDATING THE
CITY'S SECOND UNIT DEVELOPMENT STANDARDS TO
COMPLY WITH NEW STATE LAWS REGARDING ACCESSORY
DWELLING UNITS.
WHEREAS, the City of Rancho Palos Verdes Municipal Code Chapter 17.10
regulates second unit development; and,
WHEREAS, the City of Rancho Palos Verdes Municipal Code Section 17.96.2160
defines second units; and,
WHEREAS, on September 28, 2016, the Governor of the State of California
approved Assembly Bill 2299 and Senate Bill 1069 (the "Bills"), remaining second units
as "Accessory Dwelling Units" and requiring cities to update their development codes
relating to Accessory Dwelling Units no later than January 1, 2017; and,
WHEREAS, the Bills establish detailed standards that must be enacted to regulate
Accessory Dwelling Units, among them, floor area size, pathway, and setback
requirements; and,
WHEREAS, the Bills also place limitations on the additional parking requirements
the City may require for the development of Accessory Dwelling Units, as well as requiring
that Accessory Dwelling Units be subject to non -discretionary approval processes; and,
WHEREAS, after reviewing its Second Unit Development Standards, the City
Council now wishes to amend Title 17, Development Code, to ensure that the City's
regulation of Accessory Dwelling Units is consistent with State law; and,
WHEREAS, the City Council now wishes to amend Chapters 17.10 and 17.96 to
comply with the Bills; and,
WHEREAS, the City Council of the City of Rancho Palos Verdes has the power,
under Government Code sections, 36934 and 36937, to adopt an ordinance that takes
effect immediately if it is an ordinance "[f]or the immediate preservation of the public
peace, health or safety, containing a declaration of the facts constituting the urgency, and
is passed by a four-fifths vote of the City Council"; and,
WHEREAS, the City Council finds that the regulation of Accessory Dwelling Units
is necessary to preserve neighborhood character and to regulate the flow of traffic in its
residential districts; and,
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WHEREAS, in order to maintain a valid regulation of Accessory Dwelling Units
when the Bills take effect, it is necessary for the City Council of the City of Rancho Palos
Verdes to adopt this Ordinance as such an urgency ordinance, pursuant to its powers
under Government Code sections 36934 and 36937, to amend its Code so that the
amended Code takes effect by January 1, 2017.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES, CALIFORNIA, DOES ORDAIN AS FOLLOWS:
SECTION 1. The City Council of the City of Rancho Palos Verdes hereby
makes the following findings:
A. The above recitals are true and correct and incorporated fully herein.
B. The City Council finds that the amendments to Chapters 17.10 and
17.96 of the Rancho Palos Verdes Municipal Code are consistent with the City's General
Plan and Coastal Specific Plan in that they uphold, and do not hinder, the goals and
policies of those plans.
C. The City Council finds that the amendments to Chapters 17.10 and
17.96 updating Accessory Dwelling Unit Standards are necessary to preserve the public
health, safety, and general welfare in the City's single-family residential zoning districts.
SECTION 2. Section 17.96.2160 of the Rancho Palos Verdes Municipal Code
is hereby deleted.
SECTION 3. Section 17.96.025 is hereby added to the Rancho Palos Verdes
Municipal Code to read, in its entirety, as follows:
"`Accessory dwelling unit' means an attached or a detached residential
dwelling unit which provides complete independent living facilities for one
or more persons. It shall include permanent provisions for living, sleeping,
eating, cooking, and sanitation on the same parcel as the single-family
dwelling is situated. This definition shall be interpreted as consistent with
the definition of accessory dwelling unit found in Government Code section
65852.2."
SECTION 4. The Rancho Palos Verdes Code is amended by deleting and
replacing the term "second unit" with, "accessory dwelling unit" in the following sections:
17.96.2150, 17.10.040, 17.96.880, 17.10.020, 17.10.030, 17.10.010, 17.02.020,
8.24.060, 17.04.040, and 17.02.030.
SECTION 5. Section 17.10.020(C) of the Rancho Palos Verdes Municipal
Code is amended to read, in its entirety, as follows:
"C. Except as otherwise required by this chapter, all accessory dwelling
units shall comply with all applicable building, housing, zoning, and site
development standards, codes and regulations of the base zoning district
Ordinance No. U
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in which it will be located. This shall include, but not be limited to, standards
regarding height, setbacks, and lot coverage, and in the case of accessory
dwelling units which require approval of a Height Variation permit, the
neighborhood character standards of Chapter 17.02 (Single -Family
Residential Districts). "
SECTION 6. Section 17.10.020(D) of the Rancho Palos Verdes Municipal
Code is amended to read, in its entirety, as follows:
"D. The total area of floor space for a detached accessory dwelling unit shall
not exceed 1,200 square feet. The total area of floor space for an attached
accessory dwelling unit not to exceed the lesser of fifty percent of the
primary residence's main building floor area or 1,200 square feet."
SECTION 7. Section 17.10.020(H) of the Rancho Palos Verdes Municipal
Code is amended to read, in its entirety, as follows:
"H. The accessory dwelling unit shall be located on a lot or parcel which is
served by a public sanitary sewer system. accessory dwelling units shall not
be considered new residential uses for the purposes of calculating local
agency connection fees or capacity charges for utilities. Fees charged for
the construction of accessory dwelling units shall be determined in
accordance with Government Code chapters 5 and 7."
SECTION 8. Section 17.10.020(1) of the Rancho Palos Verdes Municipal Code
is amended to read, in its entirety, as follows:
"I. A minimum of one unenclosed parking space shall be provided for the
accessory dwelling unit and shall meet the minimum dimensions stated in
Section 17.02.030 (E)(5). Such parking area may be tandem to the parking
areas for the primary residence. Unenclosed off street parking shall be
permitted in setback areas in locations determined by the City or through
tandem parking, unless the Director determines that parking in setback
areas or tandem parking is not compatible with the character of the
neighborhood based upon specific site or topographical constraints, fire and
life safety conditions, or that it is not permitted anywhere else in the
jurisdiction. No parking standards are imposed on an accessory dwelling
unit if any of the following apply:
The accessory dwelling unit is located within one-half mile of public
transit;
2. The accessory dwelling unit is located within an architecturally and
historically significant historic district;
3. The accessory dwelling unit is part of the existing primary residence
or an existing accessory structure;
Ordinance No. U
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4. When on -street parking permits are required but not offered to the
occupant of the accessory dwelling unit; or,
5. When there is a car share vehicle located within one block of the
accessory dwelling unit."
SECTION 9. Section 17.10.020(L) of the Rancho Palos Verdes Municipal
Code is amended to read, in its entirety, as follows:
"L. Either the primary unit or accessory dwelling unit shall be owner
occupied or be used for rentals of terms longer than 30 days, in order for
the second unit to qualify for and maintain the right to have an occupancy
certification."
SECTION 10. A new subsection, 17.10.020(M), is added to the City of Rancho
Palos Verdes Municipal Code to read, in its entirety, as follows:
"M. No passageway is required in conjunction with the construction of an
accessory dwelling unit. For purposes of this chapter, a passageway means
a pathway that is unobstructed clear to the sky and extends from a street to
one entrance of the accessory dwelling unit. This definition shall be
interpreted as consistent with the definition of passageway found in
Government Code section 65752.2."
SECTION 11. A new subsection, 17.10.020(N), is added to the City of Rancho
Palos Verdes Municipal Code to read, in its entirety, as follows:
"N. Notwithstanding any other provision in the Code, no setback shall be required
for an existing garage that is converted to an accessory dwelling unit within the
same footprint as the existing garage. When a garage, carport, or covered parking
structure is demolished in conjunction with the construction of an accessory
dwelling unit, and the city requires that those off street parking spaces be replaced,
the replacement spaces may be located in any configuration on the same lot as
the accessory dwelling unit, including, but not limited to, as covered spaces,
uncovered spaces, or tandem spaces, or by the use of mechanical automobile
parking lifts.
SECTION 12. A new subsection, 17.10.020(0), is added to the City of Rancho
Palos Verdes Municipal Code to read, in its entirety, as follows:
"0. When an accessory dwelling unit is constructed above an existing garage, a
setback of no more than five feet from the side and rear lot lines shall be required.
As discussed in 17.10.020(E), an accessory dwelling unit shall not exceed sixteen
feet in height unless a Height Variation permit is granted pursuant to Section
17.02.040 (View Preservation and Restoration)."
SECTION 13. A new Section, 17.10.025, is added to Rancho Palos Verdes
Municipal Code to read, in its entirety, as follows:
Ordinance No. U
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17.10.025 — Accessory Dwelling Unit Within Existing Space of a Single Family
Residence or Accessory Structure
Notwithstanding any other provisions of this Chapter, the City shall
ministerially approve a minor Site Plan Review application for a building
permit to create one accessory dwelling unit per single-family lot within a
single-family residential zone, if the unit is contained within the existing
space of a single-family residence or accessory structure, has independent
exterior access from the existing residence, and the side and rear setbacks
are sufficient for fire safety. Accessory Dwelling Units shall not be required
to provide fire sprinklers if they are not required for the primary residence.
A. The accessory dwelling units governed by this section shall not be
required to install a new or separate utility connection directly
between the accessory dwelling unit and the utility, or to pay a related
connection fee or capacity charge.
B. Parking limitations described in 17.10.020(1) do not apply to the
accessory dwelling units described in this section."
SECTION 14. A new Section, 17.10.050, is added to the City of Rancho Palos
Verdes Municipal Code to read, in its entirety, as follows:
17.10.050 —Approval Process
Except as required by 17.10.020 (E), an application to develop or
maintain an accessory dwelling unit pursuant to this chapter shall be
considered ministerially without discretionary review or a hearing,
notwithstanding Government Code section 65901 or 65906 or any
local ordinance regulating the issuance of variances or special use
permits, within 120 days after receiving the application."
SECTION 15. This ordinance is exempt from the California Environmental
Quality Act ("CEQA") pursuant to Section 15061(b)(3) because it consists only of minor
revisions and clarifications to an existing zoning code and will not have the effect of
deleting or substantially changing any regulatory standards or findings. The proposed
Ordinance is an action that does not have the potential to cause significant effects on the
environment, but rather will clarify prohibited uses of residential property in the City.
SECTION 16. If any section, subsection, sentence, clause, or phrase of this
ordinance is for any reason held to be invalid or unconstitutional by a decision of any court
of any competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this ordinance. The City Council hereby declares that it would have passed
this ordinance, and each and every section, subsection, sentence, clause and phrase
thereof not declared invalid or unconstitutional without regard to whether any portion of
the ordinance would be subsequently declared invalid or unconstitutional.
Ordinance No. U
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SECTION 17. The City Clerk shall certify to the passage and adoption of this
ordinance, and shall make a minute of the passage and adoption thereof in the records
of and the proceedings of the City Council at which the same is passed and adopted. This
Ordinance shall take effect immediately, pursuant to the authority conferred upon the City
Council by Government Code section 36937. The City Clerk shall cause a summary of
this ordinance to be published in accordance with Government Code section 36933 in a
newspaper of general circulation which is hereby designated for that purpose.
SECTION 18. This Urgency Ordinance shall go into effect and be in full force
and effect immediately upon its adoption by a four-fifths (4/5) vote of the City Council.
PASSED, APPROVED and ADOPTED this 201h day of December 2016.
ATTEST:
Teresa Takaoka, Acting City Clerk
State of California )
County of Los Angeles ) SS
City of Rancho Palos Verdes )
Brian Campbell, Mayor
Ordinance No. U
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I, Teresa Takaoka, Acting City Clerk of the City of Rancho Palos Verdes,
California, do hereby certify that the foregoing Ordinance No. U was duly introduced
at a regular meeting of the City Council held on the 20th day of December 2016, and was
duly approved and adopted at a regular meeting of said Council held on the 20th day of
December 2016, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
City Clerk
Ordinance No. U
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Assembly Bill No. 2299
CHAPTER 735
An act to amend Section 65852.2 of the Government Code, relating to
land use.
[Approved by Governor September 27, 2016. Filed with
Secretary of State September 27, 2016.]
LEGISLATIVE COUNSEL'S DIGEST
AB 2299, Bloom. Land use: housing: 2nd units.
The Planning and Zoning Law authorizes the legislative body of a city
or county to regulate, among other things, the intensity of land use, and also
authorizes a local agency to provide by ordinance for the creation of 2nd
units in single-family and multifamily residential zones, as specified. Existing
law authorizes the ordinance to designate areas within the jurisdiction of
the local agency where 2nd units may be permitted, to impose specified
standards on 2nd units, and to provide that 2nd units do not exceed allowable
density and are a residential use, as specified.
This bill would replace the term "second unit" with "accessory dwelling
unit." The bill would, instead, require the ordinance to include the elements
described above and would also require the ordinance to require accessory
dwelling units to comply with specified conditions. This bill would require
ministerial, nondiscretionary approval of an accessory dwelling unit under
an existing ordinance. The bill would also specify that a local agency may
reduce or eliminate parking requirements for any accessory dwelling unit
located within its jurisdiction.
Existing law requires that parking requirements for 2nd units not exceed
one parking space per unit or per bedroom. Under existing law, additional
parking may be required provided that a finding is made that the additional
parking requirements are directly related to the use of the 2nd unit and are
consistent with existing neighborhood standards applicable to residential
dwellings.
This bill would delete the above-described authorization for additional
parking requirements.
By increasing the duties of local officials with respect to land use
regulations, this bill would impose a state -mandated local program.
This bill would incorporate additional changes in Section 65852.2 of the
Government Code proposed by SB 1069 that would become operative only
if SB 1069 and this bill are both chaptered and become effective on or before
January 1, 2017, and this bill is chaptered last.
The California Constitution requires the state to reimburse local agencies
and school districts for certain costs mandated by the state. Statutory
provisions establish procedures for making that reimbursement.
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Ch. 735 —2
This bill would provide that no reimbursement is required by this act for
a specified reason.
The people of the State of California do enact as follows:
SECTION 1. Section 65852.2 of the Government Code is amended to
read:
65852.2. (a) (1) A local agency may, by ordinance, provide for the
creation of accessory dwelling units in single-family and multifamily
residential zones. The ordinance shall do all of the following:
(A) Designate areas within the jurisdiction of the local agency where
accessory dwelling units may be permitted. The designation of areas may
be based on criteria, that may include, but are not limited to, the adequacy
of water and sewer services and the impact of accessory dwelling units on
traffic flow and public safety.
(B) Impose standards on accessory dwelling units that include, but are
not limited to, parking, height, setback, lot coverage, landscape, architectural
review, maximum size of a unit, and standards that prevent adverse impacts
on any real property that is listed in the California Register of Historic
Places.
(C) Notwithstanding subparagraph (B), a local agency may reduce or
eliminate parking requirements for any accessory dwelling unit located
within its jurisdiction.
(D) Provide that accessory dwelling units do not exceed the allowable
density for the lot upon which the accessory dwelling unit is located, and
that accessory dwelling units are a residential use that is consistent with the
existing general plan and zoning designation for the lot.
(E) Require the accessory dwelling units to comply with all of the
following:
(i) The unit is not intended for sale separate from the primary residence
and may be rented.
(ii) The lot is zoned for single-family or multifamily use.
(iii) The accessory dwelling unit is either attached to the existing dwelling
or located within the living area of the existing dwelling or detached from
the existing dwelling and located on the same lot as the existing dwelling.
(iv) The increased floor area of an attached accessory dwelling unit shall
not exceed 50 percent of the existing living area.
(v) The total area of floorspace for a detached accessory dwelling unit
shall not exceed 1,200 square feet.
(vi) No passageway shall be required in conjunction with the construction
of an accessory dwelling unit.
(vii) No setback shall be required for an existing garage that is converted
to a accessory dwelling unit, and a setback of no more than five feet from
the side and rear lot lines shall be required for an accessory dwelling unit
that is constructed above a garage.
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Ch. 735
(viii) Local building code requirements that apply to detached dwellings,
as appropriate.
(ix) Approval by the local health officer where a private sewage disposal
system is being used, if required.
(x) (I) Parking requirements for accessory dwelling units shall not exceed
one parking space per unit or per bedroom. These spaces may be provided
as tandem parking on an existing driveway.
(II) Offstreet parking shall be permitted in setback areas in locations
determined by the local agency or through tandem parking, unless specific
findings are made that parking in setback areas or tandem parking is not
feasible based upon specific site or regional topographical or fire and life
safety conditions, or that it is not permitted anywhere else in the jurisdiction.
(xi) When a garage, carport, or covered parking structure is demolished
in conjunction with the construction of an accessory dwelling unit, and the
local agency requires that those offstreet parking spaces be replaced, the
replacement spaces may be located in any configuration on the same lot as
the accessory dwelling unit, including, but not limited to, as covered spaces,
uncovered spaces, or tandem spaces, or by the use of mechanical automobile
parking lifts.
(2) The ordinance shall not be considered in the application of any local
ordinance, policy, or program to limit residential growth.
(3) When a local agency receives its first application on or after July 1,
2003, for a permit pursuant to this subdivision, the application shall be
considered ministerially without discretionary review or a hearing,
notwithstanding Section 65901 or 65906 or any local ordinance regulating
the issuance of variances or special use permits, within 120 days after
receiving the application. A local agency may charge a fee to reimburse it
for costs that it incurs as a result of amendments to this paragraph enacted
during the 2001-02 Regular Session of the Legislature, including the costs
of adopting or amending any ordinance that provides for the creation of
accessory dwelling units.
(4) Any existing ordinance governing the creation of accessory dwelling
units by a local agency or any such ordinance adopted by a local agency
subsequent to the effective date of the act adding this paragraph shall provide
an approval process that includes only ministerial provisions for the approval
of accessory dwelling units and shall not include any discretionary processes,
provisions, or requirements for those units except as otherwise provided in
this subdivision. In the event that a local agency has an existing accessory
dwelling unit ordinance that fails to meet the requirements of this
subdivision, that ordinance shall be null and void upon the effective date
of the act adding this paragraph and that agency shall thereafter apply the
standards established in this subdivision for the approval of accessory
dwelling units, unless and until the agency adopts an ordinance that complies
with this section.
(5) No other local ordinance, policy, or regulation shall be the basis for
the denial of a building permit or a use permit under this subdivision.
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Ch. 735 —4
(6) This subdivision establishes the maximum standards that local
agencies shall use to evaluate proposed accessory dwelling units on lots
zoned for residential use that contain an existing single-family dwelling.
No additional standards, other than those provided in this subdivision, shall
be utilized or imposed, except that a local agency may require an applicant
for a permit issued pursuant to this subdivision to be an owner -occupant.
(7) A local agency may amend its zoning ordinance or general plan to
incorporate the policies, procedures, or other provisions applicable to the
creation of accessory dwelling units if these provisions are consistent with
the limitations of this subdivision.
(8) An accessory dwelling unit that conforms to this subdivision shall
be deemed to be an accessory use or an accessory building and shall not be
considered to exceed the allowable density for the lot upon which it is
located, and shall be deemed to be a residential use that is consistent with
the existing general plan and zoning designations for the lot. The accessory
dwelling units shall not be considered in the application of any local
ordinance, policy, or program to limit residential growth.
(b) When a local agency that has not adopted an ordinance governing
accessory dwelling units in accordance with subdivision (a) receives its first
application on or after July 1, 1983, for a permit pursuant to this subdivision,
the local agency shall accept the application and approve or disapprove the
application ministerially without discretionary review pursuant to subdivision
(a) within 120 days after receiving the application.
(c) A local agency may establish minimum and maximum unit size
requirements for both attached and detached accessory dwelling units. No
minimum or maximum size for a accessory dwelling unit, or size based
upon a percentage of the existing dwelling, shall be established by ordinance
for either attached or detached dwellings that does not permit at least an
efficiency unit to be constructed in compliance with local development
standards.
(d) Fees charged for the construction of accessory dwelling units shall
be determined in accordance with Chapter 5 (commencing with Section
66000).
(e) This section does not limit the authority of local agencies to adopt
less restrictive requirements for the creation of accessory dwelling units,
provided those requirements comply with subdivision (a).
(f) Local agencies shall submit a copy of the ordinances adopted pursuant
to subdivision (a) to the Department of Housing and Community
Development within 60 days after adoption.
(g) As used in this section, the following terms mean:
(1) "Living area" means the interior habitable area of a dwelling unit
including basements and attics but does not include a garage or any accessory
structure.
(2) "Local agency" means a city, county, or city and county, whether
general law or chartered.
(3) For purposes of this section, "neighborhood" has the same meaning
as set forth in Section 65589.5.
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(4) "Accessory dwelling unit" means an attached or a detached residential
dwelling unit which provides complete independent living facilities for one
or more persons. It shall include permanent provisions for living, sleeping,
eating, cooking, and sanitation on the same parcel as the single-family
dwelling is situated. An accessory dwelling unit also includes the following:
(A) An efficiency unit, as defined in Section 17958.1 of Health and Safety
Code.
(B) A manufactured home, as defined in Section 18007 of the Health
and Safety Code.
(C) "Passageway" means a pathway that is unobstructed clear to the sky
and extends from a street to one entrance of the accessory dwelling unit.
(h) Nothing in this section shall be construed to supersede or in any way
alter or lessen the effect or application of the California Coastal Act (Division
20 (commencing with Section 30000) of the Public Resources Code), except
that the local government shall not be required to hold public hearings for
coastal development permit applications for accessory dwelling units.
SEC. 1.5. Section 65852.2 of the Government Code is amended to read:
65852.2. (a) (1) A local agency may, by ordinance, provide for the
creation of accessory dwelling units in single-family and multifamily
residential zones. The ordinance shall do all of the following:
(A) Designate areas within the jurisdiction of the local agency where
accessory dwelling units may be permitted. The designation of areas may
be based on criteria, that may include, but are not limited to, the adequacy
of water and sewer services and the impact of accessory dwelling units on
traffic flow and public safety.
(B) (i) Impose standards on accessory dwelling units that include, but
are not limited to, parking, height, setback, lot coverage, landscape,
architectural review, maximum size of a unit, and standards that prevent
adverse impacts on any real property that is listed in the California Register
of Historic Places.
(ii) Notwithstanding clause (i), a local agency may reduce or eliminate
parking requirements for any accessory dwelling unit located within its
jurisdiction.
(C) Provide that accessory dwelling units do not exceed the allowable
density for the lot upon which the accessory dwelling unit is located, and
that accessory dwelling units are a residential use that is consistent with the
existing general plan and zoning designation for the lot.
(D) Require the accessory dwelling units to comply with all of the
following:
(i) The unit is not intended for sale separate from the primary residence
and may be rented.
(ii) The lot is zoned for single-family or multifamily use and contains
an existing, single-family dwelling.
(iii) The accessory dwelling unit is either attached to the existing dwelling
or located within the living area of the existing dwelling or detached from
the existing dwelling and located on the same lot as the existing dwelling.
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(iv) The increased floor area of an attached accessory dwelling unit shall
not exceed 50 percent of the existing living area, with a maximum increase
in floor area of 1,200 square feet.
(v) The total area of floorspace for a detached accessory dwelling unit
shall not exceed 1,200 square feet.
(vi) No passageway shall be required in conjunction with the construction
of an accessory dwelling unit.
(vii) No setback shall be required for an existing garage that is converted
to a accessory dwelling unit, and a setback of no more than five feet from
the side and rear lot lines shall be required for an accessory dwelling unit
that is constructed above a garage.
(viii) Local building code requirements that apply to detached dwellings,
as appropriate.
(ix) Approval by the local health officer where a private sewage disposal
system is being used, if required.
(x) (I) Parking requirements for accessory dwelling units shall not exceed
one parking space per unit or per bedroom. These spaces may be provided
as tandem parking on an existing driveway.
(II) Offstreet parking shall be permitted in setback areas in locations
determined by the local agency or through tandem parking, unless specific
findings are made that parking in setback areas or tandem parking is not
feasible based upon specific site or regional topographical or fire and life
safety conditions, or that it is not permitted anywhere else in the jurisdiction.
(III) This clause shall not apply to a unit that is described in subdivision
(d).
(xi) When a garage, carport, or covered parking structure is demolished
in conjunction with the construction of an accessory dwelling unit, and the
local agency requires that those offstreet parking spaces be replaced, the
replacement spaces may be located in any configuration on the same lot as
the accessory dwelling unit, including, but not limited to, as covered spaces,
uncovered spaces, or tandem spaces, or by the use of mechanical automobile
parking lifts. This clause shall not apply to a unit that is described in
subdivision (d).
(2) The ordinance shall not be considered in the application of any local
ordinance, policy, or program to limit residential growth.
(3) When a local agency receives its first application on or after July 1,
2003, for a permit pursuant to this subdivision, the application shall be
considered ministerially without discretionary review or a hearing,
notwithstanding Section 65901 or 65906 or any local ordinance regulating
the issuance of variances or special use permits, within 120 days after
receiving the application. A local agency may charge a fee to reimburse it
for costs that it incurs as a result of amendments to this paragraph enacted
during the 2001-02 Regular Session of the Legislature, including the costs
of adopting or amending any ordinance that provides for the creation of an
accessory dwelling unit.
(4) An existing ordinance governing the creation of an accessory dwelling
unit by a local agency or an accessory dwelling ordinance adopted by a
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local agency subsequent to the effective date of the act adding this paragraph
shall provide an approval process that includes only ministerial provisions
for the approval of accessory dwelling units and shall not include any
discretionary processes, provisions, or requirements for those units, except
as otherwise provided in this subdivision. In the event that a local agency
has an existing accessory dwelling unit ordinance that fails to meet the
requirements of this subdivision, that ordinance shall be null and void upon
the effective date of the act adding this paragraph and that agency shall
thereafter apply the standards established in this subdivision for the approval
of accessory dwelling units, unless and until the agency adopts an ordinance
that complies with this section.
(5) No other local ordinance, policy, or regulation shall be the basis for
the denial of a building permit or a use permit under this subdivision.
(6) This subdivision establishes the maximum standards that local
agencies shall use to evaluate a proposed accessory dwelling unit on a lot
zoned for residential use that contains an existing single-family dwelling.
No additional standards, other than those provided in this subdivision, shall
be utilized or imposed, except that a local agency may require an applicant
for a permit issued pursuant to this subdivision to be an owner -occupant or
that the property be used for rentals of terms longer than 30 days.
(7) A local agency may amend its zoning ordinance or general plan to
incorporate the policies, procedures, or other provisions applicable to the
creation of an accessory dwelling unit if these provisions are consistent with
the limitations of this subdivision.
(8) An accessory dwelling unit that conforms to this subdivision shall
be deemed to be an accessory use or an accessory building and shall not be
considered to exceed the allowable density for the lot upon which it is
located, and shall be deemed to be a residential use that is consistent with
the existing general plan and zoning designations for the lot. The accessory
dwelling unit shall not be considered in the application of any local
ordinance, policy, or program to limit residential growth.
(b) When a local agency that has not adopted an ordinance governing
accessory dwelling units in accordance with subdivision (a) receives its first
application on or after July 1, 1983, for a permit to create an accessory
dwelling unit pursuant to this subdivision, the local agency shall accept the
application and approve or disapprove the application ministerially without
discretionary review pursuant to subdivision (a) within 120 days after
receiving the application.
(c) A local agency may establish minimum and maximum unit size
requirements for both attached and detached accessory dwelling units. No
minimum or maximum size for an accessory dwelling unit, or size based
upon a percentage of the existing dwelling, shall be established by ordinance
for either attached or detached dwellings that does not permit at least an
efficiency unit to be constructed in compliance with local development
standards. Accessory dwelling units shall not be required to provide fire
sprinklers if they are not required for the primary residence.
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Ch. 735 —8
(d) Notwithstanding any other law, a local agency, whether or not it has
adopted an ordinance governing accessory dwelling units in accordance
with subdivision (a), shall not impose parking standards for an accessory
dwelling unit in any of the following instances:
(1) The accessory dwelling unit is located within one-half mile of public
transit.
(2) The accessory dwelling unit is located within an architecturally and
historically significant historic district.
(3) The accessory dwelling unit is part of the existing primary residence
or an existing accessory structure.
(4) When on -street parking permits are required but not offered to the
occupant of the accessory dwelling unit.
(5) When there is a car share vehicle located within one block of the
accessory dwelling unit.
(e) Notwithstanding subdivisions (a) to (d), inclusive, a local agency
shall ministerially approve an application for a building permit to create
within a single-family residential zone one accessory dwelling unit per
single-family lot if the unit is contained within the existing space of a
single-family residence or accessory structure, has independent exterior
access from the existing residence, and the side and rear setbacks are
sufficient for fire safety. Accessory dwelling units shall not be required to
provide fire sprinklers if they are not required for the primary residence.
(f) (1) Fees charged for the construction of accessory dwelling units
shall be determined in accordance with Chapter 5 (commencing with Section
66000) and Chapter 7 (commencing with Section 66012).
(2) Accessory dwelling units shall not be considered new residential uses
for the purposes of calculating local agency connection fees or capacity
charges for utilities, including water and sewer service.
(A) For an accessory dwelling unit described in subdivision (e), a local
agency shall not require the applicant to install a new or separate utility
connection directly between the accessory dwelling unit and the utility or
impose a related connection fee or capacity charge.
(B) For an accessory dwelling unit that is not described in subdivision
(e), a local agency may require a new or separate utility connection directly
between the accessory dwelling unit and the utility. Consistent with Section
66013, the connection may be subject to a connection fee or capacity charge
that shall be proportionate to the burden of the proposed accessory dwelling
unit, based upon either its size or the number of its plumbing fixtures, upon
the water or sewer system. This fee or charge shall not exceed the reasonable
cost of providing this service.
(g) This section does not limit the authority of local agencies to adopt
less restrictive requirements for the creation of an accessory dwelling unit.
(h) Local agencies shall submit a copy of the ordinance adopted pursuant
to subdivision (a) to the Department of Housing and Community
Development within 60 days after adoption.
(i) As used in this section, the following terms mean:
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9— Ch. 735
(1) "Living area" means the interior habitable area of a dwelling unit
including basements and attics but does not include a garage or any accessory
structure.
(2) "Local agency" means a city, county, or city and county, whether
general law or chartered.
(3) For purposes of this section, "neighborhood" has the same meaning
as set forth in Section 65589.5.
(4) "Accessory dwelling unit" means an attached or a detached residential
dwelling unit which provides complete independent living facilities for one
or more persons. It shall include permanent provisions for living, sleeping,
eating, cooking, and sanitation on the same parcel as the single-family
dwelling is situated. An accessory dwelling unit also includes the following:
(A) An efficiency unit, as defined in Section 17958.1 of Health and Safety
Code.
(B) A manufactured home, as defined in Section 18007 of the Health
and Safety Code.
(5) "Passageway" means a pathway that is unobstructed clear to the sky
and extends from a street to one entrance of the accessory dwelling unit.
0) Nothing in this section shall be construed to supersede or in any way
alter or lessen the effect or application of the California Coastal Act (Division
20 (commencing with Section 30000) of the Public Resources Code), except
that the local government shall not be required to hold public hearings for
coastal development permit applications for accessory dwelling units.
SEC. 2. Section 1.5 of this bill incorporates amendments to Section
65852.2 of the Government Code proposed by both this bill and Senate Bill
1069. It shall only become operative if (1) both bills are enacted and become
effective on or before January 1, 2017, (2) each bill amends Section 65852.2
of the Government Code, and (3) this bill is enacted after Senate Bill 1069,
in which case Section 1 of this bill shall not become operative.
SEC. 3. No reimbursement is required by this act pursuant to Section 6
of Article XIII B of the California Constitution because a local agency or
school district has the authority to levy service charges, fees, or assessments
sufficient to pay for the program or level of service mandated by this act,
within the meaning of Section 17556 of the Government Code.
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Senate Bill No. 1069
CHAPTER 720
An act to amend Sections 65582.1, 65583.1, 65589.4, 65852.150, 65852.2,
and 66412.2 of the Government Code, relating to land use.
[Approved by Governor September 27, 2016. Filed with
Secretary of State September 27, 2016.]
LEGISLATIVE COUNSEL'S DIGEST
SB 1069, Wieckowski. Land use: zoning.
The Planning and Zoning Law authorizes the legislative body of a city
or county to regulate, among other things, the intensity of land use, and also
authorizes a local agency to provide by ordinance for the creation of 2nd
units in single-family and multifamily residential zones, as specified. That
law makes findings and declarations with respect to the value of 2nd units
to California's housing supply.
This bill would replace the term "second unit" with "accessory dwelling
unit" throughout the law. The bill would additionally find and declare that,
among other things, allowing accessory dwelling units in single-family or
multifamily residential zones provides additional rental housing stock, and
these units are an essential component of housing supply in California.
The Planning and Zoning Law authorizes the ordinance for the creation
of 2nd units in single-family and multifamily residential zones to include
specified provisions regarding areas where accessory dwelling units may
be located, standards, including the imposition of parking standards, and
lot density. Existing law, when a local agency has not adopted an ordinance
governing 2nd units as so described, requires the local agency to approve
or disapprove the application ministerially, as provided.
This bill would instead require the ordinance for the creation of accessory
dwelling units to include the provisions described above. The bill would
prohibit the imposition of parking standards under specified circumstances.
The bill would revise requirements for the approval or disapproval of an
accessory dwelling unit application when a local agency has not adopted
an ordinance. The bill would also require the ministerial approval of an
application for a building permit to create one accessory dwelling unit within
the existing space of a single-family residence or accessory structure, as
specified. The bill would prohibit a local agency from requiring an applicant
for this permit to install a new or separate utility connection directly between
the unit and the utility or imposing a related connection fee or capacity
charge. The bill would authorize a local agency to impose this requirement
for other accessory dwelling units.
This bill would incorporate additional changes in Section 65852.2 of the
Government Code proposed by AB 2299 that would become operative only
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Ch. 720 —2
if AB 2299 and this bill are both chaptered and become effective on or
before January 1, 2017, and this bill is chaptered last.
By increasing the duties of local officials, this bill would impose a
state -mandated local program.
The California Constitution requires the state to reimburse local agencies
and school districts for certain costs mandated by the state. Statutory
provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for
a specified reason.
The people of the State of California do enact as follows:
SECTION 1. Section 65582.1 of the Government Code is amended to
read:
65582.1. The Legislature finds and declares that it has provided reforms
and incentives to facilitate and expedite the construction of affordable
housing. Those reforms and incentives can be found in the following
provisions:
(a) Housing element law (Article 10.6 (commencing with Section 65580)
of Chapter 3).
(b) Extension of statute of limitations in actions challenging the housing
element and brought in support of affordable housing (subdivision (d) of
Section 65009).
(c) Restrictions on disapproval of housing developments (Section
65589.5).
(d) Priority for affordable housing in the allocation of water and sewer
hookups (Section 65589.7).
(e) Least cost zoning law (Section 65913.1).
(f) Density bonus law (Section 65915).
(g) Accessory dwelling units (Sections 65852.150 and 65852.2).
(h) By -right housing, in which certain multifamily housing are designated
a permitted use (Section 65589.4).
(i) No -net -loss -in zoning density law limiting downzonings and density
reductions (Section 65863).
0) Requiring persons who sue to halt affordable housing to pay attorney
fees (Section 65914) or post a bond (Section 529.2 of the Code of Civil
Procedure).
(k) Reduced time for action on affordable housing applications under
the approval of development permits process (Article 5 (commencing with
Section 65950) of Chapter 4.5).
(l) Limiting moratoriums on multifamily housing (Section 65858).
(m) Prohibiting discrimination against affordable housing (Section
65008).
(n) California Fair Employment and Housing Act (Part 2.8 (commencing
with Section 12900) of Division 3).
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(o) Community redevelopment law (Part 1 (commencing with Section
33000) of Division 24 of the Health and Safety Code, and in particular
Sections 33334.2 and 33413).
SEC. 2. Section 65583.1 of the Government Code is amended to read:
65583.1. (a) The Department of Housing and Community Development,
in evaluating a proposed or adopted housing element for substantial
compliance with this article, may allow a city or county to identify adequate
sites, as required pursuant to Section 65583, by a variety of methods,
including, but not limited to, redesignation of property to a more intense
land use category and increasing the density allowed within one or more
categories. The department may also allow a city or county to identify sites
for accessory dwelling units based on the number of accessory dwelling
units developed in the prior housing element planning period whether or
not the units are permitted by right, the need for these units in the
community, the resources or incentives available for their development, and
any other relevant factors, as determined by the department. Nothing in this
section reduces the responsibility of a city or county to identify, by income
category, the total number of sites for residential development as required
by this article.
(b) Sites that contain permanent housing units located on a military base
undergoing closure or conversion as a result of action pursuant to the Defense
Authorization Amendments and Base Closure and Realignment Act (Public
Law 100-526), the Defense Base Closure and Realignment Act of 1990
(Public Law 101-510), or any subsequent act requiring the closure or
conversion of a military base may be identified as an adequate site if the
housing element demonstrates that the housing units will be available for
occupancy by households within the planning period of the element. No
sites containing housing units scheduled or planned for demolition or
conversion to nonresidential uses shall qualify as an adequate site.
Any city, city and county, or county using this subdivision shall address
the progress in meeting this section in the reports provided pursuant to
paragraph (1) of subdivision (b) of Section 65400.
(c) (1) The Department of Housing and Community Development may
allow a city or county to substitute the provision of units for up to 25 percent
of the community's obligation to identify adequate sites for any income
category in its housing element pursuant to paragraph (1) of subdivision (c)
of Section 65583 where the community includes in its housing element a
program committing the local government to provide units in that income
category within the city or county that will be made available through the
provision of committed assistance during the planning period covered by
the element to low- and very low income households at affordable housing
costs or affordable rents, as defined in Sections 50052.5 and 50053 of the
Health and Safety Code, and which meet the requirements of paragraph (2).
Except as otherwise provided in this subdivision, the community may
substitute one dwelling unit for one dwelling unit site in the applicable
income category. The program shall do all of the following:
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Ch. 720 —4
(A) Identify the specific, existing sources of committed assistance and
dedicate a specific portion of the funds from those sources to the provision
of housing pursuant to this subdivision.
(B) Indicate the number of units that will be provided to both low- and
very low income households and demonstrate that the amount of dedicated
funds is sufficient to develop the units at affordable housing costs or
affordable rents.
(C) Demonstrate that the units meet the requirements of paragraph (2).
(2) Only units that comply with subparagraph (A), (B), or (C) qualify
for inclusion in the housing element program described in paragraph (1),
as follows:
(A) Units that are to be substantially rehabilitated with committed
assistance from the city or county and constitute a net increase in the
community's stock of housing affordable to low- and very low income
households. For purposes of this subparagraph, a unit is not eligible to be
"substantially rehabilitated" unless all of the following requirements are
met:
(i) At the time the unit is identified for substantial rehabilitation, (1) the
local government has determined that the unit is at imminent risk of loss to
the housing stock, (11) the local government has committed to provide
relocation assistance pursuant to Chapter 16 (commencing with Section
7260) of Division 7 of Title 1 to any occupants temporarily or permanently
displaced by the rehabilitation or code enforcement activity, or the relocation
is otherwise provided prior to displacement either as a condition of
receivership, or provided by the property owner or the local government
pursuant to Article 2.5 (commencing with Section 17975) of Chapter 5 of
Part 1.5 of Division 13 of the Health and Safety Code, or as otherwise
provided by local ordinance; provided the assistance includes not less than
the equivalent of four months' rent and moving expenses and comparable
replacement housing consistent with the moving expenses and comparable
replacement housing required pursuant to Section 7260, (III) the local
government requires that any displaced occupants will have the right to
reoccupy the rehabilitated units, and (IV) the unit has been found by the
local government or a court to be unfit for human habitation due to the
existence of at least four violations of the conditions listed in subdivisions
(a) to (g), inclusive, of Section 17995.3 of the Health and Safety Code.
(ii) The rehabilitated unit will have long-term affordability covenants
and restrictions that require the unit to be available to, and occupied by,
persons or families of low- or very low income at affordable housing costs
for at least 20 years or the time period required by any applicable federal
or state law or regulation.
(iii) Prior to initial occupancy after rehabilitation, the local code
enforcement agency shall issue a certificate of occupancy indicating
compliance with all applicable state and local building code and health and
safety code requirements.
(B) Units that are located either on foreclosed property or in a multifamily
rental or ownership housing complex of three or more units, are converted
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with committed assistance from the city or county from nonaffordable to
affordable by acquisition of the unit or the purchase of affordability
covenants and restrictions for the unit, are not acquired by eminent domain,
and constitute a net increase in the community's stock of housing affordable
to low- and very low income households. For purposes of this subparagraph,
a unit is not converted by acquisition or the purchase of affordability
covenants unless all of the following occur:
(i) The unit is made available for rent at a cost affordable to low- or very
low income households.
(ii) At the time the unit is identified for acquisition, the unit is not
available at an affordable housing cost to either of the following:
(I) Low-income households, if the unit will be made affordable to
low-income households.
(II) Very low income households, if the unit will be made affordable to
very low income households.
(iii) At the time the unit is identified for acquisition the unit is not
occupied by low- or very low income households or if the acquired unit is
occupied, the local government has committed to provide relocation
assistance prior to displacement, if any, pursuant to Chapter 16 (commencing
with Section 7260) of Division 7 of Title 1 to any occupants displaced by
the conversion, or the relocation is otherwise provided prior to displacement;
provided the assistance includes not less than the equivalent of four months'
rent and moving expenses and comparable replacement housing consistent
with the moving expenses and comparable replacement housing required
pursuant to Section 7260.
(iv) The unit is in decent, safe, and sanitary condition at the time of
occupancy.
(v) The unit has long-term affordability covenants and restrictions that
require the unit to be affordable to persons of low- or very low income for
not less than 55 years.
(vi) For units located in multifamily ownership housing complexes with
three or more units, or on or after January 1, 2015, on foreclosed properties,
at least an equal number of new -construction multifamily rental units
affordable to lower income households have been constructed in the city or
county within the same planning period as the number of ownership units
to be converted.
(C) Units that will be preserved at affordable housing costs to persons
or families of low- or very low incomes with committed assistance from
the city or county by acquisition of the unit or the purchase of affordability
covenants for the unit. For purposes of this subparagraph, a unit shall not
be deemed preserved unless all of the following occur:
(i) The unit has long-term affordability covenants and restrictions that
require the unit to be affordable to, and reserved for occupancy by, persons
of the same or lower income group as the current occupants for a period of
at least 40 years.
(ii) The unit is within an "assisted housing development," as defined in
paragraph (3) of subdivision (a) of Section 65863.10.
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(iii) The city or county finds, after a public hearing, that the unit is
eligible, and is reasonably expected, to change from housing affordable to
low- and very low income households to any other use during the next five
years due to termination of subsidy contracts, mortgage prepayment, or
expiration of restrictions on use.
(iv) The unit is in decent, safe, and sanitary condition at the time of
occupancy.
(v) At the time the unit is identified for preservation it is available at
affordable cost to persons or families of low- or very low income.
(3) This subdivision does not apply to any city or county that, during the
current or immediately prior planning period, as defined by Section 65588,
has not met any of its share of the regional need for affordable housing, as
defined in Section 65584, for low- and very low income households. A city
or county shall document for any housing unit that a building permit has
been issued and all development and permit fees have been paid or the unit
is eligible to be lawfully occupied.
(4) For purposes of this subdivision, "committed assistance" means that
the city or county enters into a legally enforceable agreement during the
period from the beginning of the projection period until the end of the second
year of the planning period that obligates sufficient available funds to provide
the assistance necessary to make the identified units affordable and that
requires that the units be made available for occupancy within two years of
the execution of the agreement. "Committed assistance" does not include
tenant -based rental assistance.
(5) For purposes of this subdivision, "net increase" includes only housing
units provided committed assistance pursuant to subparagraph (A) or (B)
of paragraph (2) in the current planning period, as defined in Section 65588,
that were not provided committed assistance in the immediately prior
planning period.
(6) For purposes of this subdivision, "the time the unit is identified"
means the earliest time when any city or county agent, acting on behalf of
a public entity, has proposed in writing or has proposed orally or in writing
to the property owner, that the unit be considered for substantial
rehabilitation, acquisition, or preservation.
(7) In the third year of the planning period, as defined by Section 65588,
in the report required pursuant to Section 65400, each city or county that
has included in its housing element a program to provide units pursuant to
subparagraph (A), (B), or (C) of paragraph (2) shall report in writing to the
legislative body, and to the department within 30 days of making its report
to the legislative body, on its progress in providing units pursuant to this
subdivision. The report shall identify the specific units for which committed
assistance has been provided or which have been made available to low -
and very low income households, and it shall adequately document how
each unit complies with this subdivision. If, by July 1 of the third year of
the planning period, the city or county has not entered into an enforceable
agreement of committed assistance for all units specified in the programs
adopted pursuant to subparagraph (A), (B), or (C) of paragraph (2), the city
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or county shall, not later than July 1 of the fourth year of the planning period,
adopt an amended housing element in accordance with Section 65585,
identifying additional adequate sites pursuant to paragraph (1) of subdivision
(c) of Section 65583 sufficient to accommodate the number of units for
which committed assistance was not provided. If a city or county does not
amend its housing element to identify adequate sites to address any shortfall,
or fails to complete the rehabilitation, acquisition, purchase of affordability
covenants, or the preservation of any housing unit within two years after
committed assistance was provided to that unit, it shall be prohibited from
identifying units pursuant to subparagraph (A), (B), or (C) of paragraph (2)
in the housing element that it adopts for the next planning period, as defined
in Section 65588, above the number of units actually provided or preserved
due to committed assistance.
(d) A city or county may reduce its share of the regional housing need
by the number of units built between the start of the projection period and
the deadline for adoption of the housing element. If the city or county reduces
its share pursuant to this subdivision, the city or county shall include in the
housing element a description of the methodology for assigning those
housing units to an income category based on actual or projected sales price,
rent levels, or other mechanisms establishing affordability.
SEC. 3. Section 65589.4 of the Government Code is amended to read:
65589.4. (a) An attached housing development shall be a permitted use
not subject to a conditional use permit on any parcel zoned for an attached
housing development if local law so provides or if it satisfies the
requirements of subdivision (b) and either of the following:
(1) The attached housing development satisfies the criteria of Section
21159.22, 21159.23, or 21159.24 of the Public Resources Code.
(2) The attached housing development meets all of the following criteria:
(A) The attached housing development is subject to a discretionary
decision other than a conditional use permit and a negative declaration or
mitigated negative declaration has been adopted for the attached housing
development under the California Environmental Quality Act (Division 13
(commencing with Section 21000) of the Public Resources Code). If no
public hearing is held with respect to the discretionary decision, then the
negative declaration or mitigated negative declaration for the attached
housing development may be adopted only after a public hearing to receive
comments on the negative declaration or mitigated negative declaration.
(B) The attached housing development is consistent with both the
jurisdiction's zoning ordinance and general plan as it existed on the date
the application was deemed complete, except that an attached housing
development shall not be deemed to be inconsistent with the zoning
designation for the site if that zoning designation is inconsistent with the
general plan only because the attached housing development site has not
been rezoned to conform with the most recent adopted general plan.
(C) The attached housing development is located in an area that is covered
by one of the following documents that has been adopted by the jurisdiction
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within five years of the date the application for the attached housing
development was deemed complete:
(i) A general plan.
(ii) A revision or update to the general plan that includes at least the land
use and circulation elements.
(iii) An applicable community plan.
(iv) An applicable specific plan.
(D) The attached housing development consists of not more than 100
residential units with a minimum density of not less than 12 units per acre
or a minimum density of not less than eight units per acre if the attached
housing development consists of four or fewer units.
(E) The attached housing development is located in an urbanized area
as defined in Section 21071 of the Public Resources Code or within a
census -defined place with a population density of at least 5,000 persons per
square mile or, if the attached housing development consists of 50 or fewer
units, within an incorporated city with a population density of at least 2,500
persons per square mile and a total population of at least 25,000 persons.
(F) The attached housing development is located on an infill site as
defined in Section 21061.0.5 of the Public Resources Code.
(b) At least 10 percent of the units of the attached housing development
shall be available at affordable housing cost to very low income households,
as defined in Section 50105 of the Health and Safety Code, or at least 20
percent of the units of the attached housing development shall be available
at affordable housing cost to lower income households, as defined in Section
50079.5 of the Health and Safety Code, or at least 50 percent of the units
of the attached housing development available at affordable housing cost
to moderate -income households, consistent with Section 50052.5 of the
Health and Safety Code. The developer of the attached housing development
shall provide sufficient legal commitments to the local agency to ensure the
continued availability and use of the housing units for very low, low-, or
moderate -income households for a period of at least 30 years.
(c) Nothing in this section shall prohibit a local agency from applying
design and site review standards in existence on the date the application
was deemed complete.
(d) The provisions of this section are independent of any obligation of a
jurisdiction pursuant to subdivision (c) of Section 65583 to identify
multifamily sites developable by right.
(e) This section does not apply to the issuance of coastal development
permits pursuant to the California Coastal Act (Division 20 (commencing
with Section 30000) of the Public Resources Code).
(f) This section does not relieve a public agency from complying with
the California Environmental Quality Act (Division 13 (commencing with
Section 21000) of the Public Resources Code) or relieve an applicant or
public agency from complying with the Subdivision Map Act (Division 2
(commencing with Section 66473)).
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(g) This section is applicable to all cities and counties, including charter
cities, because the Legislature finds that the lack of affordable housing is
of vital statewide importance, and thus a matter of statewide concern.
(h) For purposes of this section, "attached housing development" means
a newly constructed or substantially rehabilitated structure containing two
or more dwelling units and consisting only of residential units, but does not
include an accessory dwelling unit, as defined by paragraph (4) of
subdivision 0) of Section 65852.2, or the conversion of an existing structure
to condominiums.
SEC. 4. Section 65852.150 of the Government Code is amended to read:
65852.150. (a) The Legislature finds and declares all of the following:
(1) Accessory dwelling units are a valuable form of housing in California.
(2) Accessory dwelling units provide housing for family members,
students, the elderly, in-home health care providers, the disabled, and others,
at below market prices within existing neighborhoods.
(3) Homeowners who create accessory dwelling units benefit from added
income, and an increased sense of security.
(4) Allowing accessory dwelling units in single-family or multifamily
residential zones provides additional rental housing stock in California.
(5) California faces a severe housing crisis.
(6) The state is falling far short of meeting current and future housing
demand with serious consequences for the state's economy, our ability to
build green infill consistent with state greenhouse gas reduction goals, and
the well-being of our citizens, particularly lower and middle-income earners.
(7) Accessory dwelling units offer lower cost housing to meet the needs
of existing and future residents within existing neighborhoods, while
respecting architectural character.
(8) Accessory dwelling units are, therefore, an essential component of
California's housing supply.
(b) It is the intent of the Legislature that an accessory dwelling unit
ordinance adopted by a local agency has the effect of providing for the
creation of accessory dwelling units and that provisions in this ordinance
relating to matters including unit size, parking, fees, and other requirements,
are not so arbitrary, excessive, or burdensome so as to unreasonably restrict
the ability of homeowners to create accessory dwelling units in zones in
which they are authorized by local ordinance.
SEC. 5. Section 65852.2 of the Government Code is amended to read:
65852.2. (a) (1) A local agency may, by ordinance, provide for the
creation of accessory dwelling units in single-family and multifamily
residential zones. The ordinance shall do all of the following:
(A) Designate areas within the jurisdiction of the local agency where
accessory dwelling units may be permitted. The designation of areas may
be based on criteria, that may include, but are not limited to, the adequacy
of water and sewer services and the impact of accessory dwelling units on
traffic flow and public safety.
(B) Impose standards on accessory dwelling units that include, but are
not limited to, parking, height, setback, lot coverage, architectural review,
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IS
i
Ch. 720 _10—
maximum
10—
maximum size of a unit, and standards that prevent adverse impacts on any
real property that is listed in the California Register of Historic Places.
(C) Provide that accessory dwelling units do not exceed the allowable
density for the lot upon which the accessory dwelling unit is located, and
that accessory dwelling units are a residential use that is consistent with the
existing general plan and zoning designation for the lot.
(2) The ordinance shall not be considered in the application of any local
ordinance, policy, or program to limit residential growth.
(3) When a local agency receives its first application on or after July 1,
2003, for a permit pursuant to this subdivision, the application shall be
considered ministerially without discretionary review or a hearing,
notwithstanding Section 65901 or 65906 or any local ordinance regulating
the issuance of variances or special use permits, within 120 days of submittal
of a complete building permit application. A local agency may charge a fee
to reimburse it for costs that it incurs as a result of amendments to this
paragraph enacted during the 2001-02 Regular Session of the Legislature,
including the costs of adopting or amending any ordinance that provides
for the creation of accessory dwelling units.
(b) (1) When a local agency that has not adopted an ordinance governing
accessory dwelling units in accordance with subdivision (a) receives its first
application on or after July 1, 1983, for a permit pursuant to this subdivision,
the local agency shall accept the application and approve or disapprove the
application ministerially without discretionary review pursuant to this
subdivision unless it adopts an ordinance in accordance with subdivision
(a) within 120 days after receiving the application. Notwithstanding Section
65901 or 65906, every local agency shall ministerially approve the creation
of an accessory dwelling unit if the accessory dwelling unit complies with
all of the following:
(A) The unit is not intended for sale separate from the primary residence
and may be rented.
(B) The lot is zoned for single-family or multifamily use.
(C) The lot contains an existing single-family dwelling.
(D) The accessory dwelling unit is either attached to the existing dwelling
and located within the living area of the existing dwelling or detached from
the existing dwelling and located on the same lot as the existing dwelling.
(E) The increased floor area of an attached accessory dwelling unit shall
not exceed 50 percent of the existing living area, with a maximum increase
in floor area of 1,200 square feet.
(F) The total area of floorspace for a detached accessory dwelling unit
shall not exceed 1,200 square feet.
(G) Requirements relating to height, setback, lot coverage, architectural
review, site plan review, fees, charges, and other zoning requirements
generally applicable to residential construction in the zone in which the
property is located.
(H) Local building code requirements that apply to detached dwellings,
as appropriate.
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(I) Approval by the local health officer where a private sewage disposal
system is being used, if required.
(2) No other local ordinance, policy, or regulation shall be the basis for
the denial of a building permit or a use permit under this subdivision.
(3) This subdivision establishes the maximum standards that local
agencies shall use to evaluate proposed accessory dwelling units on lots
zoned for residential use that contain an existing single-family dwelling.
No additional standards, other than those provided in this subdivision or
subdivision (a), shall be utilized or imposed, except that a local agency may
require an applicant for a permit issued pursuant to this subdivision to be
an owner -occupant or that the property be used for rentals of terms longer
than 30 days.
(4) A local agency may amend its zoning ordinance or general plan to
incorporate the policies, procedures, or other provisions applicable to the
creation of accessory dwelling units if these provisions are consistent with
the limitations of this subdivision.
(5) An accessory dwelling unit that conforms to this subdivision shall
not be considered to exceed the allowable density for the lot upon which it
is located, and shall be deemed to be a residential use that is consistent with
the existing general plan and zoning designations for the lot. The accessory
dwelling units shall not be considered in the application of any local
ordinance, policy, or program to limit residential growth.
(c) A local agency may establish minimum and maximum unit size
requirements for both attached and detached accessory dwelling units. No
minimum or maximum size for an accessory dwelling unit, or size based
upon a percentage of the existing dwelling, shall be established by ordinance
for either attached or detached dwellings that does not otherwise permit at
least an efficiency unit to be constructed in compliance with local
development standards. Accessory dwelling units shall not be required to
provide fire sprinklers if they are not required for the primary residence.
(d) Parking requirements for accessory dwelling units shall not exceed
one parking space per unit or per bedroom. These spaces may be provided
as tandem parking on an existing driveway. Off-street parking shall be
permitted in setback areas in locations determined by the local agency or
through tandem parking, unless specific findings are made that parking in
setback areas or tandem parking is not feasible based upon fire and life
safety conditions. This subdivision shall not apply to a unit that is described
in subdivision (e).
(e) Notwithstanding any other law, a local agency, whether or not it has
adopted an ordinance governing accessory dwelling units in accordance
with subdivision (a), shall not impose parking standards for an accessory
dwelling unit in any of the following instances:
(1) The accessory dwelling unit is located within one-half mile of public
transit.
(2) The accessory dwelling unit is located within an architecturally and
historically significant historic district.
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Ch. 720 —12—
(3)
12—
(3) The accessory dwelling unit is part of the existing primary residence
or an existing accessory structure.
(4) When on -street parking permits are required but not offered to the
occupant of the accessory dwelling unit.
(5) When there is a car share vehicle located within one block of the
accessory dwelling unit.
(f) Notwithstanding subdivisions (a) to (e), inclusive, a local agency shall
ministerially approve an application for a building permit to create within
a single-family residential zone one accessory dwelling unit per single-family
lot if the unit is contained within the existing space of a single-family
residence or accessory structure, has independent exterior access from the
existing residence, and the side and rear setbacks are sufficient for fire
safety. Accessory dwelling units shall not be required to provide fire
sprinklers if they are not required for the primary residence.
(g) (1) Fees charged for the construction of accessory dwelling units
shall be determined in accordance with Chapter 5 (commencing with Section
66000) and Chapter 7 (commencing with Section 66012).
(2) Accessory dwelling units shall not be considered new residential uses
for the purposes of calculating local agency connection fees or capacity
charges for utilities, including water and sewer service.
(A) For an accessory dwelling unit described in subdivision (f), a local
agency shall not require the applicant to install a new or separate utility
connection directly between the accessory dwelling unit and the utility or
impose a related connection fee or capacity charge.
(B) For an accessory dwelling unit that is not described in subdivision
(f), a local agency may require a new or separate utility connection directly
between the accessory dwelling unit and the utility. Consistent with Section
66013, the connection may be subject to a connection fee or capacity charge
that shall be proportionate to the burden of the proposed accessory dwelling
unit, based upon either its size or the number of its plumbing fixtures, upon
the water or sewer system. This fee or charge shall not exceed the reasonable
cost of providing this service.
(h) This section does not limit the authority of local agencies to adopt
less restrictive requirements for the creation of accessory dwelling units.
(i) Local agencies shall submit a copy of the ordinances adopted pursuant
to subdivision (a) to the Department of Housing and Community
Development within 60 days after adoption.
0) As used in this section, the following terms mean:
(1) "Living area" means the interior habitable area of a dwelling unit
including basements and attics but does not include a garage or any accessory
structure.
(2) "Local agency" means a city, county, or city and county, whether
general law or chartered.
(3) For purposes of this section, "neighborhood" has the same meaning
as set forth in Section 65589.5.
(4) "Accessory dwelling unit" means an attached or a detached residential
dwelling unit which provides complete independent living facilities for one
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or more persons. It shall include permanent provisions for living, sleeping,
eating, cooking, and sanitation on the same parcel as the single-family
dwelling is situated. An accessory dwelling unit also includes the following:
(A) An efficiency unit, as defined in Section 17958.1 of Health and Safety
Code.
(B) A manufactured home, as defined in Section 18007 of the Health
and Safety Code.
(k) Nothing in this section shall be construed to supersede or in any way
alter or lessen the effect or application of the California Coastal Act (Division
20 (commencing with Section 30000) of the Public Resources Code), except
that the local government shall not be required to hold public hearings for
coastal development permit applications for accessory dwelling units.
SEC. 5.5. Section 65852.2 of the Government Code is amended to read:
65852.2. (a) (1) A local agency may, by ordinance, provide for the
creation of accessory dwelling units in single-family and multifamily
residential zones. The ordinance shall do all of the following:
(A) Designate areas within the jurisdiction of the local agency where
accessory dwelling units may be permitted. The designation of areas may
be based on criteria, that may include, but are not limited to, the adequacy
of water and sewer services and the impact of accessory dwelling units on
traffic flow and public safety.
(B) (i) Impose standards on accessory dwelling units that include, but
are not limited to, parking, height, setback, lot coverage, landscape,
architectural review, maximum size of a unit, and standards that prevent
adverse impacts on any real property that is listed in the California Register
of Historic Places.
(ii) Notwithstanding clause (i), a local agency may reduce or eliminate
parking requirements for any accessory dwelling unit located within its
jurisdiction.
(C) Provide that accessory dwelling units do not exceed the allowable
density for the lot upon which the accessory dwelling unit is located, and
that accessory dwelling units are a residential use that is consistent with the
existing general plan and zoning designation for the lot.
(D) Require the accessory dwelling units to comply with all of the
following:
(i) The unit is not intended for sale separate from the primary residence
and may be rented.
(ii) The lot is zoned for single-family or multifamily use and contains
an existing, single-family dwelling.
(iii) The accessory dwelling unit is either attached to the existing dwelling
or located within the living area of the existing dwelling or detached from
the existing dwelling and located on the same lot as the existing dwelling.
(iv) The increased floor area of an attached accessory dwelling unit shall
not exceed 50 percent of the existing living area, with a maximum increase
in floor area of 1,200 square feet.
(v) The total area of floorspace for a detached accessory dwelling unit
shall not exceed 1,200 square feet.
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Ch. 720 —14—
(vi)
14—
(vi) No passageway shall be required in conjunction with the construction
of an accessory dwelling unit.
(vii) No setback shall be required for an existing garage that is converted
to a accessory dwelling unit, and a setback of no more than five feet from
the side and rear lot lines shall be required for an accessory dwelling unit
that is constructed above a garage.
(viii) Local building code requirements that apply to detached dwellings,
as appropriate.
(ix) Approval by the local health officer where a private sewage disposal
system is being used, if required.
(x) (I) Parking requirements for accessory dwelling units shall not exceed
one parking space per unit or per bedroom. These spaces may be provided
as tandem parking on an existing driveway.
(II) Offstreet parking shall be permitted in setback areas in locations
determined by the local agency or through tandem parking, unless specific
findings are made that parking in setback areas or tandem parking is not
feasible based upon specific site or regional topographical or fire and life
safety conditions, or that it is not permitted anywhere else in the jurisdiction.
(III) This clause shall not apply to a unit that is described in subdivision
(d).
(xi) When a garage, carport, or covered parking structure is demolished
in conjunction with the construction of an accessory dwelling unit, and the
local agency requires that those offstreet parking spaces be replaced, the
replacement spaces may be located in any configuration on the same lot as
the accessory dwelling unit, including, but not limited to, as covered spaces,
uncovered spaces, or tandem spaces, or by the use of mechanical automobile
parking lifts. This clause shall not apply to a unit that is described in
subdivision (d).
(2) The ordinance shall not be considered in the application of any local
ordinance, policy, or program to limit residential growth.
(3) When a local agency receives its first application on or after July 1,
2003, for a permit pursuant to this subdivision, the application shall be
considered ministerially without discretionary review or a hearing,
notwithstanding Section 65901 or 65906 or any local ordinance regulating
the issuance of variances or special use permits, within 120 days after
receiving the application. A local agency may charge a fee to reimburse it
for costs that it incurs as a result of amendments to this paragraph enacted
during the 2001-02 Regular Session of the Legislature, including the costs
of adopting or amending any ordinance that provides for the creation of an
accessory dwelling unit.
(4) An existing ordinance governing the creation of an accessory dwelling
unit by a local agency or an accessory dwelling ordinance adopted by a
local agency subsequent to the effective date of the act adding this paragraph
shall provide an approval process that includes only ministerial provisions
for the approval of accessory dwelling units and shall not include any
discretionary processes, provisions, or requirements for those units, except
as otherwise provided in this subdivision. In the event that a local agency
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has an existing accessory dwelling unit ordinance that fails to meet the
requirements of this subdivision, that ordinance shall be null and void upon
the effective date of the act adding this paragraph and that agency shall
thereafter apply the standards established in this subdivision for the approval
of accessory dwelling units, unless and until the agency adopts an ordinance
that complies with this section.
(5) No other local ordinance, policy, or regulation shall be the basis for
the denial of a building permit or a use permit under this subdivision.
(6) This subdivision establishes the maximum standards that local
agencies shall use to evaluate a proposed accessory dwelling unit on a lot
zoned for residential use that contains an existing single-family dwelling.
No additional standards, other than those provided in this subdivision, shall
be utilized or imposed, except that a local agency may require an applicant
for a permit issued pursuant to this subdivision to be an owner -occupant or
that the property be used for rentals of terms longer than 30 days.
(7) A local agency may amend its zoning ordinance or general plan to
incorporate the policies, procedures, or other provisions applicable to the
creation of an accessory dwelling unit if these provisions are consistent with
the limitations of this subdivision.
(8) An accessory dwelling unit that conforms to this subdivision shall
be deemed to be an accessory use or an accessory building and shall not be
considered to exceed the allowable density for the lot upon which it is
located, and shall be deemed to be a residential use that is consistent with
the existing general plan and zoning designations for the lot. The accessory
dwelling unit shall not be considered in the application of any local
ordinance, policy, or program to limit residential growth.
(b) When a local agency that has not adopted an ordinance governing
accessory dwelling units in accordance with subdivision (a) receives its first
application on or after July 1, 1983, for a permit to create an accessory
dwelling unit pursuant to this subdivision, the local agency shall accept the
application and approve or disapprove the application ministerially without
discretionary review pursuant to subdivision (a) within 120 days after
receiving the application.
(c) A local agency may establish minimum and maximum unit size
requirements for both attached and detached accessory dwelling units. No
minimum or maximum size for an accessory dwelling unit, or size based
upon a percentage of the existing dwelling, shall be established by ordinance
for either attached or detached dwellings that does not permit at least an
efficiency unit to be constructed in compliance with local development
standards. Accessory dwelling units shall not be required to provide fire
sprinklers if they are not required for the primary residence.
(d) Notwithstanding any other law, a local agency, whether or not it has
adopted an ordinance governing accessory dwelling units in accordance
with subdivision (a), shall not impose parking standards for an accessory
dwelling unit in any of the following instances:
(1) The accessory dwelling unit is located within one-half mile of public
transit.
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Ch. 720 —16—
(2)
16—
(2) The accessory dwelling unit is located within an architecturally and
historically significant historic district.
(3) The accessory dwelling unit is part of the existing primary residence
or an existing accessory structure.
(4) When on -street parking permits are required but not offered to the
occupant of the accessory dwelling unit.
(5) When there is a car share vehicle located within one block of the
accessory dwelling unit.
(e) Notwithstanding subdivisions (a) to (d), inclusive, a local agency
shall ministerially approve an application for a building permit to create
within a single-family residential zone one accessory dwelling unit per
single-family lot if the unit is contained within the existing space of a
single-family residence or accessory structure, has independent exterior
access from the existing residence, and the side and rear setbacks are
sufficient for fire safety. Accessory dwelling units shall not be required to
provide fire sprinklers if they are not required for the primary residence.
(f) (1) Fees charged for the construction of accessory dwelling units
shall be determined in accordance with Chapter 5 (commencing with Section
66000) and Chapter 7 (commencing with Section 66012).
(2) Accessory dwelling units shall not be considered new residential uses
for the purposes of calculating local agency connection fees or capacity
charges for utilities, including water and sewer service.
(A) For an accessory dwelling unit described in subdivision (e), a local
agency shall not require the applicant to install a new or separate utility
connection directly between the accessory dwelling unit and the utility or
impose a related connection fee or capacity charge.
(B) For an accessory dwelling unit that is not described in subdivision
(e), a local agency may require a new or separate utility connection directly
between the accessory dwelling unit and the utility. Consistent with Section
66013, the connection may be subject to a connection fee or capacity charge
that shall be proportionate to the burden of the proposed accessory dwelling
unit, based upon either its size or the number of its plumbing fixtures, upon
the water or sewer system. This fee or charge shall not exceed the reasonable
cost of providing this service.
(g) This section does not limit the authority of local agencies to adopt
less restrictive requirements for the creation of an accessory dwelling unit.
(h) Local agencies shall submit a copy of the ordinance adopted pursuant
to subdivision (a) to the Department of Housing and Community
Development within 60 days after adoption.
(i) As used in this section, the following terms mean:
(1) "Living area" means the interior habitable area of a dwelling unit
including basements and attics but does not include a garage or any accessory
structure.
(2) "Local agency" means a city, county, or city and county, whether
general law or chartered.
(3) For purposes of this section, "neighborhood" has the same meaning
as set forth in Section 65589.5.
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(4) "Accessory dwelling unit" means an attached or a detached residential
dwelling unit which provides complete independent living facilities for one
or more persons. It shall include permanent provisions for living, sleeping,
eating, cooking, and sanitation on the same parcel as the single-family
dwelling is situated. An accessory dwelling unit also includes the following:
(A) An efficiency unit, as defined in Section 17958.1 of Health and Safety
Code.
(B) A manufactured home, as defined in Section 18007 of the Health
and Safety Code.
(5) "Passageway" means a pathway that is unobstructed clear to the sky
and extends from a street to one entrance of the accessory dwelling unit.
0) Nothing in this section shall be construed to supersede or in any way
alter or lessen the effect or application of the California Coastal Act (Division
20 (commencing with Section 30000) of the Public Resources Code), except
that the local government shall not be required to hold public hearings for
coastal development permit applications for accessory dwelling units.
SEC. 6. Section 66412.2 of the Government Code is amended to read:
66412.2. This division shall not apply to the construction, financing, or
leasing of dwelling units pursuant to Section 65852.1 or accessory dwelling
units pursuant to Section 65852.2, but this division shall be applicable to
the sale or transfer, but not leasing, of those units.
SEC. 7. Section 5.5 of this bill incorporates amendments to Section
65852.2 of the Government Code proposed by both this bill and Assembly
Bill 2299. It shall only become operative if (1) both bills are enacted and
become effective on or before January 1, 2017, (2) each bill amends Section
65852.2 of the Government Code, and (3) this bill is enacted after Assembly
Bill 2299, in which case Section 5 of this bill shall not become operative.
SEC. 8. No reimbursement is required by this act pursuant to Section 6
of Article XIII B of the California Constitution because a local agency or
school district has the authority to levy service charges, fees, or assessments
sufficient to pay for the program or level of service mandated by this act,
within the meaning of Section 17556 of the Government Code.
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