CC SR 20190917 J - SB13 & AB1482RANCHO PALOS VERDES CITY COUNCIL MEETING DATE: 09/17/2019
AGENDA REPORT AGENDA HEADING: Consent Calendar
AGENDA DESCRIPTION:
Consideration and possible action to authorize Staff to submit veto requests to
Governor Newsom in the event of the passage of SB 13 (Accessory Dwelling Units)
and/or AB 1482 (Tenant Protection Act of 2019) by the state Legislature
RECOMMENDED COUNCIL ACTION:
(1) Authorize Staff to prepare and submit veto requests for the Mayor’s signature
regarding SB 13 and/or AB 1482, if passed by the state Legislature.
FISCAL IMPACT: None
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Kit Fox, AICP, Interim Deputy Director of Community Development
REVIEWED BY: Ara Mihranian, AICP, Director of Community Development
APPROVED BY: Doug Willmore, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. SB 13, as amended on September 6, 2019 (page A-1)
B. AB 1482, as amended on September 5, 2019 (page B-1)
BACKGROUND AND DISCUSSION:
The deadline for pending legislation in the current session to be acted upon and passed
along to Governor Newsom is Friday, September 13, 2019. There are two bills of
possible concern to the City and its residents/property owners on which the City Council
may wish to request vetoes in the event that they are passed by the deadline: Senate
Bill No. 13 (SB 13) regarding accessory dwelling units and Assembly Bill No. 1482
(AB 1482) regarding tenants’ rights and rent control. As of the date that this report was
completed (September 10, 2019), both bills were scheduled for third reading and
possible adoption in the state Legislature. Brief summaries of these bills are provided
below:
SB 13 (Accessory Dwelling Units): SB 13 (Attachment A) would authorize
the creation of accessory dwelling units (ADUs) in areas zoned to allow single-
family or multi-family dwelling residential use. The bill would also revise the
requirements for an ADU by providing that the ADU may be attached to, or
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located within, an attached garage, storage area, or other structure, and that it
does not exceed a specified amount of total floor area. Local agencies would be
prohibited from requiring replacement parking in cases where an ADU replaces a
garage, carport or covered parking. Local parking standards for ADUs would be
prohibited on properties located within a half -mile walk of “public transit.”
Minimum and maximum size standards for ADUs would be imposed under
SB 13. Local agencies would be prohibited from imposing owner-occupant
requirements on ADUs until on or after January 1, 2025. Local agencies would
also be obligated to approve ADUs — ministerially and without discretionary
review — within 60 days of receiving a complete application. Impact fees would
be prohibited for ADUs under 750 square feet in size, and would be prorated
based upon square footage for ADUs of 750 square feet and larger. SB 13
provides for expanded review and oversight of ADU ordinances by the California
Department of Housing and Community Development. Owners of non-permitted
ADUs constructed before January 1, 2020 would be provided a five-year stay of
enforcement for any notice to correct violations or abatement action by a local
agency.
AB 1482 (Tenant Protection Act of 2019): AB 1482 (Attachment B) would,
with certain exceptions, prohibit an owner, as defined, of residential real property
from terminating a tenancy without just cause, as defined, which the bill would
require to be stated in the written notice to terminate tenancy when the tenant
has continuously and lawfully occupied the residential real property for 12
months, except as provided. AB 1482 would require, for certain just-cause
terminations that are curable, that the owner give a notice of violation and an
opportunity to cure the violation prior to issuing the notice of termination. For no-
fault just-cause terminations, as specified, the owner, at the owner’s option,
would be required to either assist certain tenants to relocate, regardless of the
tenant’s income, by providing a direct payment of one month’s rent to the tenant,
or waive in writing the payment of rent for the final month of the tenancy, prior to
the rent becoming due. Through January 1, 2030, rent increases would be
capped at 5% plus inflation per year, or 10%, whichever is lower. Certain types of
rental properties would be exempt from AB 1482, including hotels, non -profit
hospitals, religious facilities, extended care facilities, licensed residential care
facilities for the elderly, adult residential facilities, dormitories, housing where the
tenant shares bathroom or kitchen facilities with the owner, single-family owner-
occupied residences with no more than two leased units or bedrooms, duplexes
where one of the units is the owner’s primary residence, and a ny housing that is
less than 15 years old.
The City Council is scheduled to consider amending the City’s current “second unit”
(i.e., ADU) development standards at its meeting on October 1, 2019. Staff anticipates
that the provisions of SB 13 may substantially conflict with the City’s new ADU
ordinance. With respect to AB 1482, it would almost certainly apply to all of the larger
apartment buildings and complexes in the City, and is likely to affect the absentee
owners of many single-family, condominium and townhome rental units. Given the
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potential adverse impacts that passage of these bills could have upon the City and its
residents/property owners, Staff seeks authorization from the City Council to prepare
veto requests for SB 13 and/or AB 1482 for the Mayor’s signature in the event that
either/both of these bills are passed in the state Legislature.
ALTERNATIVES:
In addition to the Staff recommendation, the following alternative action is available for
the City Council’s consideration:
1. Do not authorize Staff to prepare veto requests for SB 13 and/or AB 1482
at this time.
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AMENDED IN ASSEMBLY SEPTEMBER 6, 2019
AMENDED IN ASSEMBLY SEPTEMBER 3, 2019
AMENDED IN ASSEMBLY AUGUST 12, 2019
AMENDED IN ASSEMBLY JULY 1, 2019
AMENDED IN ASSEMBLY JUNE 24, 2019
AMENDED IN SENATE MAY 17, 2019
AMENDED IN SENATE APRIL 23, 2019
AMENDED IN SENATE APRIL 4, 2019
AMENDED IN SENATE MARCH 11, 2019
SENATE BILL No. 13
Introduced by Senator Wieckowski
(Principal coauthors: Senators Beall, Hertzberg, and Wiener)
(Principal coauthors: Assembly Members Gloria and Quirk-Silva)
(Coauthors: Senators Nielsen and Skinner)
(Coauthors: Assembly Members Bloom, Boerner Horvath, Carrillo,
Friedman, Levine, and Patterson)
December 3, 2018
An act to amend, repeal, and add Section 65852.2 of the Government
Code, and to add and repeal Section 17980.12 of the Health and Safety
Code, relating to land use.
legislative counsel’s digest
SB 13, as amended, Wieckowski. Accessory dwelling units.
(1) The Planning and Zoning Law authorizes a local agency, by
ordinance, or, if a local agency has not adopted an ordinance, by
90 A-1
ministerial approval, to provide for the creation of accessory dwelling
units in single-family and multifamily residential zones in accordance
with specified standards and conditions. Existing law requires any
ordinance adopted by a local agency to comply with certain criteria,
including that it require accessory dwelling units to be either attached
to, or located within, the proposed or existing primary dwelling or
detached if located within the same lot, and that it does not exceed a
specified amount of total area of floor space.
This bill would, instead, authorize the creation of accessory dwelling
units in areas zoned to allow single-family or multifamily dwelling
residential use. The bill would also revise the requirements for an
accessory dwelling unit by providing that the accessory dwelling unit
may be attached to, or located within, an attached garage, storage area,
or other structure, and that it does not exceed a specified amount of
total floor area.
(2) Existing law generally authorizes a local agency to include in the
ordinance parking standards upon accessory dwelling units, including
authorizing a local agency to require the replacement of parking spaces
if a garage, carport, or covered parking is demolished to construct an
accessory dwelling unit. Existing law also prohibits a local agency from
imposing parking standards on an accessory dwelling unit if it is located
within one-half mile of public transit.
This bill would, instead, prohibit a local agency from requiring the
replacement of parking spaces if a garage, carport, or covered parking
is demolished to construct an accessory dwelling unit. The bill would
also prohibit a local agency from imposing parking standards on an
accessory dwelling unit that is located within a traversable distance of
one-half mile walking distance of public transit, and would define the
term “public transit” for those purposes.
(3) Existing law authorizes a local agency to establish minimum and
maximum unit size limitations on accessory dwelling units, provided
that the ordinance permits an efficiency unit to be constructed in
compliance with local development standards.
This bill would prohibit a local agency from establishing a minimum
square footage requirement for either an attached or detached accessory
dwelling unit that prohibits an efficiency unit, as defined. The bill would
also prohibit a local agency from establishing a maximum square footage
requirement for either an attached or detached accessory dwelling unit
that is less than 850 square feet, and 1,000 square feet if the accessory
dwelling unit contains more than one bedroom. The bill would also
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— 2 — SB 13 A-2
instead prohibit a local agency from establishing any other minimum
or maximum size for an accessory dwelling unit, size based upon a
percentage of the proposed or existing primary dwelling, or limits on
lot coverage, floor area ratio, open space, and minimum lot size for
either attached or detached dwelling units that prohibit at least an 800
square foot accessory dwelling unit that is at least 16 feet in height and
with a 4-foot side and rear yard setbacks.
(4) Existing law prohibits a local agency from utilizing standards to
evaluate a proposed accessory dwelling unit on a lot that is zoned for
residential use that includes a proposed or existing single-family
dwelling other than the criteria described above, except that, among
one other exception, a local agency may require an applicant for a permit
to be an owner-occupant of either the primary or accessory dwelling
unit as a condition of issuing a permit.
This bill, until January 1, 2025, would instead prohibit a local agency
from imposing an owner-occupant requirement as described above.
(5) Existing law requires a local agency that has not adopted an
ordinance governing accessory dwelling units to approve or disapprove
the application ministerially and without discretionary review within
120 days after receiving the application.
The bill would require a local agency, whether or not it has adopted
an ordinance, to consider and approve an application, ministerially and
without discretionary review, within 60 days after receiving a completed
application. The bill would also provide that, if a local agency does not
act on the application within that time period, the application shall be
deemed approved.
(6) Existing law requires fees for an accessory dwelling unit to be
determined in accordance with the Mitigation Fee Act. Existing law
also requires the connection fee or capacity charge for an accessory
dwelling unit requiring a new or separate utility connection to be based
on either the accessory dwelling unit’s size or the number of its
plumbing fixtures.
This bill would prohibit a local agency, special district, or water
corporation from imposing any impact fee, as specified, upon the
development of an accessory dwelling unit less than 750 square feet,
and would require any impact fees to be charged for an accessory
dwelling unit of 750 square feet or more to be proportional to the square
footage of the primary dwelling unit. The bill would revise the basis
for calculating the connection fee or capacity charge specified above
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SB 13 — 3 — A-3
to either the accessory dwelling unit’s square feet or the number of its
drainage fixture unit values, as specified.
(7) Existing law, for purposes of these provisions, defines “living
area” as the interior habitable area of a dwelling unit including
basements and attics, but not a garage or accessory structure.
This bill would define “accessory structure” to mean a structure that
is accessory and incidental to a dwelling located on the same lot.
(8) Existing law requires a local agency to submit a copy of the
adopted ordinance to the Department of Housing and Community
Development and authorizes the department to review and comment
on the ordinance.
This bill would instead authorize the department to submit written
findings to the local agency as to whether the ordinance complies with
the statute authorizing the creation of an accessory dwelling unit, and,
if the department finds that the local agency’s ordinance does not comply
with those provisions, would require the department to notify the local
agency and would authorize the department to notify the Attorney
General that the local agency is in violation of state law. within a
reasonable time. The bill would require the local agency to consider
the department’s findings and either amend its ordinance to comply
with those provisions or adopt it without changes and include specified
findings. If the local agency does not amend it ordinance or does not
adopt those findings, the bill would require the department to notify
the local agency and authorize it to notify the Attorney General that
the local agency is in violation of state law, as provided. The bill would
authorize the department to adopt guidelines to implement uniform
standards or criteria to supplement or clarify the provisions authorizing
accessory dwelling units.
(9) Existing law requires the planning agency of each city and county
to adopt a general plan that includes a housing element that identifies
adequate sites for housing. Existing law authorizes the department to
allow a city or county to do so by a variety of methods and also
authorizes the department to allow a city or county to identify sites for
accessory dwelling units, as specified.
This bill would state that a local agency may count an accessory
dwelling unit for purposes of identifying adequate sites for housing in
accordance with those provisions.
(10) Existing law, the State Housing Law, a violation of which is a
crime, establishes statewide construction and occupancy standards for
buildings used for human habitation. Existing law requires, for those
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purposes, that any building, including any dwelling unit, be deemed to
be a substandard building when a health officer determines that any
one of specified listed conditions exists to the extent that it endangers
the life, limb, health, property, safety, or welfare of the public or its
occupants.
This bill would authorize the owner of an accessory dwelling unit
built before January 1, 2020, or built on or after January 1, 2020, under
specified circumstances, that receives a notice to correct violations or
abate nuisances to request that the enforcement of the violation be
delayed for 5 years if correcting the violation is not necessary to protect
health and safety, as determined by the enforcement agency, subject to
specified requirements. The bill would make conforming and other
changes relating to the creation of accessory dwelling units.
By increasing the duties of local agencies with respect to land use
regulations, and because the bill would expand the scope of a crime
under the State Housing Law, the bill would impose a state-mandated
local program.
(11) This bill would incorporate additional changes to Section
65852.2 of the Government Code proposed by AB 68 and AB 881 to be
operative only if this bill and either or both AB 68 and AB 881 are
enacted and this bill is enacted last.
(11)
(12) 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.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 65852.2 of the Government Code is
line 2 amended to read:
line 3 65852.2. (a) (1) A local agency may, by ordinance, provide
line 4 for the creation of accessory dwelling units in areas zoned to allow
line 5 single-family or multifamily dwelling residential use. The
line 6 ordinance shall do all of the following:
line 7 (A) Designate areas within the jurisdiction of the local agency
line 8 where accessory dwelling units may be permitted. The designation
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SB 13 — 5 — A-5
line 1 of areas may be based on criteria that may include, but are not
line 2 limited to, the adequacy of water and sewer services and the impact
line 3 of accessory dwelling units on traffic flow and public safety.
line 4 (B) (i) Impose standards on accessory dwelling units that
line 5 include, but are not limited to, parking, height, setback, lot
line 6 coverage, landscape, architectural review, maximum size of a unit,
line 7 and standards that prevent adverse impacts on any real property
line 8 that is listed in the California Register of Historic Resources.
line 9 (ii) Notwithstanding clause (i), a local agency may reduce or
line 10 eliminate parking requirements for any accessory dwelling unit
line 11 located within its jurisdiction.
line 12 (C) Provide that accessory dwelling units do not exceed the
line 13 allowable density for the lot upon which the accessory dwelling
line 14 unit is located, and that accessory dwelling units are a residential
line 15 use that is consistent with the existing general plan and zoning
line 16 designation for the lot.
line 17 (D) Require the accessory dwelling units to comply with all of
line 18 the following:
line 19 (i) The accessory dwelling unit may be rented separate from
line 20 the primary residence, but may not be sold or otherwise conveyed
line 21 separate from the primary residence.
line 22 (ii) The lot is zoned to allow single-family or multifamily
line 23 dwelling residential use and includes a proposed or existing
line 24 dwelling.
line 25 (iii) The accessory dwelling unit is either attached to, or located
line 26 within, the proposed or existing primary dwelling, including
line 27 attached garages, storage areas or similar uses, or an accessory
line 28 structure or detached from the proposed or existing primary
line 29 dwelling and located on the same lot as the proposed or existing
line 30 primary dwelling.
line 31 (iv) The total floor area of an attached accessory dwelling unit
line 32 shall not exceed 50 percent of the proposed or existing primary
line 33 dwelling living area or 1,200 square feet.
line 34 (v) The total floor area for a detached accessory dwelling unit
line 35 shall not exceed 1,200 square feet.
line 36 (vi) No passageway shall be required in conjunction with the
line 37 construction of an accessory dwelling unit.
line 38 (vii) No setback shall be required for an existing garage that is
line 39 converted to an accessory dwelling unit or to a portion of an
line 40 accessory dwelling unit, and a setback of no more than five feet
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line 1 from the side and rear lot lines shall be required for an accessory
line 2 dwelling unit that is constructed above a garage.
line 3 (viii) Local building code requirements that apply to detached
line 4 dwellings, as appropriate.
line 5 (ix) Approval by the local health officer where a private sewage
line 6 disposal system is being used, if required.
line 7 (x) (I) Parking requirements for accessory dwelling units shall
line 8 not exceed one parking space per accessory dwelling unit or per
line 9 bedroom, whichever is less. These spaces may be provided as
line 10 tandem parking on a driveway.
line 11 (II) Offstreet parking shall be permitted in setback areas in
line 12 locations determined by the local agency or through tandem
line 13 parking, unless specific findings are made that parking in setback
line 14 areas or tandem parking is not feasible based upon specific site or
line 15 regional topographical or fire and life safety conditions.
line 16 (III) This clause shall not apply to an accessory dwelling unit
line 17 that is described in subdivision (d).
line 18 (xi) When a garage, carport, or covered parking structure is
line 19 demolished in conjunction with the construction of an accessory
line 20 dwelling unit or converted to an accessory dwelling unit, a the
line 21 local agency shall not require that those offstreet offstreet parking
line 22 spaces be replaced.
line 23 (xii) Accessory dwelling units shall not be required to provide
line 24 fire sprinklers if they are not required for the primary residence.
line 25 (2) The ordinance shall not be considered in the application of
line 26 any local ordinance, policy, or program to limit residential growth.
line 27 (3) A permit application for an accessory dwelling unit shall be
line 28 considered and approved ministerially without discretionary review
line 29 or a hearing, notwithstanding Section 65901 or 65906 or any local
line 30 ordinance regulating the issuance of variances or special use
line 31 permits, within 60 days after receiving the completed application.
line 32 permits. The permitting agency shall act on the application to
line 33 create an accessory dwelling unit or a junior accessory dwelling
line 34 unit within 60 days from the date the local agency receives a
line 35 completed application. If the local agency has not acted upon the
line 36 completed application within 60 days, the application shall be
line 37 deemed approved. A local agency may charge a fee to reimburse
line 38 it for costs incurred to implement this paragraph, including the
line 39 costs of adopting or amending any ordinance that provides for the
line 40 creation of an accessory dwelling unit.
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line 1 (4) An existing ordinance governing the creation of an accessory
line 2 dwelling unit by a local agency or an accessory dwelling ordinance
line 3 adopted by a local agency shall provide an approval process that
line 4 includes only ministerial provisions for the approval of accessory
line 5 dwelling units and shall not include any discretionary processes,
line 6 provisions, or requirements for those units, except as otherwise
line 7 provided in this subdivision. In the event that a local agency has
line 8 an existing accessory dwelling unit ordinance that fails to meet
line 9 the requirements of this subdivision, that ordinance shall be null
line 10 and void and that agency shall thereafter apply the standards
line 11 established in this subdivision for the approval of accessory
line 12 dwelling units, unless and until the agency adopts an ordinance
line 13 that complies with this section.
line 14 (5) No other local ordinance, policy, or regulation shall be the
line 15 basis for the delay or denial of a building permit or a use permit
line 16 under this subdivision.
line 17 (6) This subdivision establishes the maximum standards that
line 18 local agencies shall use to evaluate a proposed accessory dwelling
line 19 unit on a lot that includes a proposed or existing single-family
line 20 dwelling. No additional standards, other than those provided in
line 21 this subdivision, shall be utilized or imposed, including any
line 22 owner-occupant requirement, except that a local agency may
line 23 require that the property be used for rentals of terms longer than
line 24 30 days.
line 25 (7) A local agency may amend its zoning ordinance or general
line 26 plan to incorporate the policies, procedures, or other provisions
line 27 applicable to the creation of an accessory dwelling unit if these
line 28 provisions are consistent with the limitations of this subdivision.
line 29 (8) An accessory dwelling unit that conforms to this subdivision
line 30 shall be deemed to be an accessory use or an accessory building
line 31 and shall not be considered to exceed the allowable density for the
line 32 lot upon which it is located, and shall be deemed to be a residential
line 33 use that is consistent with the existing general plan and zoning
line 34 designations for the lot. The accessory dwelling unit shall not be
line 35 considered in the application of any local ordinance, policy, or
line 36 program to limit residential growth.
line 37 (b) When a local agency that has not adopted an ordinance
line 38 governing accessory dwelling units in accordance with subdivision
line 39 (a) receives an application for a permit to create an accessory
line 40 dwelling unit pursuant to this subdivision, the local agency shall
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— 8 — SB 13 A-8
line 1 approve or disapprove the application ministerially without
line 2 discretionary review pursuant to subdivision (a) within 60 days
line 3 after receiving the completed application. (a). The permitting
line 4 agency shall act on the application to create an accessory dwelling
line 5 unit within 60 days from the date the local agency receives a
line 6 completed application. If the local agency has not acted upon the
line 7 completed application within 60 days, the application shall be
line 8 deemed approved.
line 9 (c) (1) A local agency shall not establish by ordinance a
line 10 minimum square footage requirement for either an attached or
line 11 detached accessory dwelling unit that prohibits an efficiency unit.
line 12 (2) A local agency shall not establish by ordinance a maximum
line 13 square footage requirement for either an attached or detached
line 14 accessory dwelling unit that is less than either of the following:
line 15 (A) 850 square feet.
line 16 (B) 1,000 square feet for an accessory dwelling unit that
line 17 provides more than one bedroom.
line 18 (c) (1) Subject to paragraph (2), a local agency may establish
line 19 minimum and maximum unit size requirements for both attached
line 20 and detached accessory dwelling units.
line 21 (2) Notwithstanding paragraph (1), a local agency shall not
line 22 establish by ordinance any of the following:
line 23 (A) A minimum square footage requirement for either an
line 24 attached or detached accessory dwelling unit that prohibits an
line 25 efficiency unit.
line 26 (B) A maximum square footage requirement for either an
line 27 attached or detached accessory dwelling unit that is less than
line 28 either of the following:
line 29 (i) 850 square feet.
line 30 (ii) 1,000 square feet for an accessory dwelling unit that
line 31 provides more than one bedroom.
line 32 (C) Any other minimum or maximum size for an accessory
line 33 dwelling unit, size based upon a percentage of the proposed or
line 34 existing primary dwelling, or limits on lot coverage, floor area
line 35 ratio, open space, and minimum lot size, for either attached or
line 36 detached dwellings that does not permit at least an 800 square
line 37 foot accessory dwelling unit that is at least 16 feet in height with
line 38 four-foot side and rear yard setbacks to be constructed in
line 39 compliance with all other local development standards.
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line 1 (d) Notwithstanding any other law, a local agency, whether or
line 2 not it has adopted an ordinance governing accessory dwelling units
line 3 in accordance with subdivision (a), shall not impose parking
line 4 standards for an accessory dwelling unit in any of the following
line 5 instances:
line 6 (1) The accessory dwelling unit is located within a traversable
line 7 distance of one-half mile walking distance of public transit.
line 8 (2) The accessory dwelling unit is located within an
line 9 architecturally and historically significant historic district.
line 10 (3) The accessory dwelling unit is part of the proposed or
line 11 existing primary residence or an accessory structure.
line 12 (4) When on-street parking permits are required but not offered
line 13 to the occupant of the accessory dwelling unit.
line 14 (5) When there is a car share vehicle located within one block
line 15 of the accessory dwelling unit.
line 16 (e) Notwithstanding subdivisions (a) to (d), inclusive, a local
line 17 agency shall ministerially approve an application for a building
line 18 permit to create one accessory dwelling unit per lot if the unit is
line 19 contained within the existing space of a single-family residence
line 20 or accessory structure, has independent exterior access from the
line 21 existing residence, and the side and rear setbacks are sufficient for
line 22 fire safety. Accessory dwelling units shall not be required to
line 23 provide fire sprinklers if they are not required for the primary
line 24 residence.
line 25 (f) (1) Fees charged for the construction of accessory dwelling
line 26 units shall be determined in accordance with Chapter 5
line 27 (commencing with Section 66000) and Chapter 7 (commencing
line 28 with Section 66012).
line 29 (2) An accessory dwelling unit shall not be considered by a
line 30 local agency, special district, or water corporation to be a new
line 31 residential use for the purposes of calculating connection fees or
line 32 capacity charges for utilities, including water and sewer service.
line 33 (3) (A) A local agency, special district, or water corporation
line 34 shall not impose any impact fee upon the development of an
line 35 accessory dwelling unit less than 750 square feet. Any impact fees
line 36 charged for an accessory dwelling unit of 750 square feet or more
line 37 shall be charged proportionately in relation to the square footage
line 38 of the primary dwelling unit.
line 39 (B) For purposes of this paragraph, “impact fee” has the same
line 40 meaning as the term “fee” is defined in subdivision (b) of Section
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line 1 66000, except that it also includes fees specified in Section 66477.
line 2 “Impact fee” does not include any connection fee or capacity
line 3 charge charged by a local agency, special district, or water
line 4 corporation.
line 5 (4) For an accessory dwelling unit described in subdivision (e),
line 6 a local agency, special district, or water corporation shall not
line 7 require the applicant to install a new or separate utility connection
line 8 directly between the accessory dwelling unit and the utility or
line 9 impose a related connection fee or capacity charge.
line 10 (5) For an accessory dwelling unit that is not described in
line 11 subdivision (e), a local agency, special district, or water corporation
line 12 may require a new or separate utility connection directly between
line 13 the accessory dwelling unit and the utility. Consistent with Section
line 14 66013, the connection may be subject to a connection fee or
line 15 capacity charge that shall be proportionate to the burden of the
line 16 proposed accessory dwelling unit, based upon either its square feet
line 17 or the number of its drainage fixture unit (DFU) values, as defined
line 18 in the Uniform Plumbing Code adopted and published by the
line 19 International Association of Plumbing and Mechanical Officials
line 20 Officials, upon the water or sewer system. This fee or charge shall
line 21 not exceed the reasonable cost of providing this service.
line 22 (g) This section does not limit the authority of local agencies
line 23 to adopt less restrictive requirements for the creation of an
line 24 accessory dwelling unit.
line 25 (h) (1) A local agency shall submit a copy of the ordinance
line 26 adopted pursuant to subdivision (a) to the Department of Housing
line 27 and Community Development within 60 days after adoption. After
line 28 adoption of an ordinance, the department may submit written
line 29 findings to the local agency as to whether the ordinance complies
line 30 with the section.
line 31 (2) (A) If the department finds that the local agency’s ordinance
line 32 does not comply with this section, the department shall notify the
line 33 local agency and may notify the office of the Attorney General
line 34 that the local agency is in violation of state law. and shall provide
line 35 the local agency with a reasonable time, no longer than 30 days,
line 36 to respond to the findings before taking any other action authorized
line 37 by this section.
line 38 (3)
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line 1 (B) The local agency shall consider findings made by the
line 2 department pursuant to paragraph (2) subparagraph (A) and may
line 3 change shall do one of the following:
line 4 (i) Amend the ordinance to comply with this section or adopt
line 5 section.
line 6 (ii) Adopt the ordinance without changes. The local agency shall
line 7 include findings in its resolution adopting the ordinance that
line 8 explain the reasons the local agency believes that the ordinance
line 9 complies with this section despite the findings of the department.
line 10 (3) (A) If the local agency does not amend its ordinance in
line 11 response to the department’s findings or does not adopt a
line 12 resolution with findings explaining the reason the ordinance
line 13 complies with this section and addressing the department’s
line 14 findings, the department shall notify the local agency and may
line 15 notify the Attorney General that the local agency is in violation of
line 16 state law.
line 17 (B) Before notifying the Attorney General that the local agency
line 18 is in violation of state law, the department may consider whether
line 19 a local agency adopted an ordinance in compliance with this
line 20 section between January 1, 2017, and January 1, 2020.
line 21 (i) The department may review, adopt, amend, or repeal
line 22 guidelines to implement uniform standards or criteria that
line 23 supplement or clarify the terms, references, and standards set forth
line 24 in this section. The guidelines adopted pursuant to this subdivision
line 25 are not subject to Chapter 3.5 (commencing with Section 11340)
line 26 of Part 1 of Division 3 of Title 2.
line 27 (j) As used in this section, the following terms mean:
line 28 (1) “Accessory dwelling unit” means an attached or a detached
line 29 residential dwelling unit which provides complete independent
line 30 living facilities for one or more persons. It shall include permanent
line 31 provisions for living, sleeping, eating, cooking, and sanitation on
line 32 the same parcel as the single-family dwelling is situated. An
line 33 accessory dwelling unit also includes the following:
line 34 (A) An efficiency unit.
line 35 (B) A manufactured home, as defined in Section 18007 of the
line 36 Health and Safety Code.
line 37 (1)
line 38 (2) “Accessory structure” means a structure that is accessory
line 39 and incidental to a dwelling located on the same lot.
line 40 (2)
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— 12 — SB 13 A-12
line 1 (3) “Efficiency unit” has the same meaning as defined in Section
line 2 17958.1 of the Health and Safety Code.
line 3 (3)
line 4 (4) “Living area” means the interior habitable area of a dwelling
line 5 unit, including basements and attics, but does not include a garage
line 6 or any accessory structure.
line 7 (4)
line 8 (5) “Local agency” means a city, county, or city and county,
line 9 whether general law or chartered.
line 10 (5)
line 11 (6) “Neighborhood” has the same meaning as set forth in Section
line 12 65589.5.
line 13 (6) “Accessory dwelling unit” means an attached or a detached
line 14 residential dwelling unit which provides complete independent
line 15 living facilities for one or more persons. It shall include permanent
line 16 provisions for living, sleeping, eating, cooking, and sanitation on
line 17 the same parcel as the single-family dwelling is situated. An
line 18 accessory dwelling unit also includes the following:
line 19 (A) An efficiency unit.
line 20 (B) A manufactured home, as defined in Section 18007 of the
line 21 Health and Safety Code.
line 22 (7) “Passageway” means a pathway that is unobstructed clear
line 23 to the sky and extends from a street to one entrance of the accessory
line 24 dwelling unit.
line 25 (8) “Public transit” means a location, including, but not limited
line 26 to, a bus stop or train station, where the public may access buses,
line 27 trains, subways, and other forms of transportation that charge set
line 28 fares, run on fixed routes, and are available to the public.
line 29 (9) “Tandem parking” means that two or more automobiles are
line 30 parked on a driveway or in any other location on a lot, lined up
line 31 behind one another.
line 32 (k) Nothing in this section shall be construed to supersede or in
line 33 any way alter or lessen the effect or application of the California
line 34 Coastal Act of 1976 (Division 20 (commencing with Section
line 35 30000) of the Public Resources Code), except that the local
line 36 government shall not be required to hold public hearings for coastal
line 37 development permit applications for accessory dwelling units.
line 38 (l) A local agency may count an accessory dwelling unit for
line 39 purposes of identifying adequate sites for housing, as specified in
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SB 13 — 13 — A-13
line 1 subdivision (a) of Section 65583.1, subject to authorization by the
line 2 department and compliance with this division.
line 3 (m) In enforcing building standards pursuant to Article 1
line 4 (commencing with Section 17960) of Chapter 5 of Part 1.5 of
line 5 Division 13 of the Health and Safety Code for an accessory
line 6 dwelling unit described in paragraph (1) or (2) below, a local
line 7 agency, upon request of an owner of an accessory dwelling unit
line 8 for a delay in enforcement, shall delay enforcement of a building
line 9 standard, subject to compliance with Section 17980.12 of the
line 10 Health and Safety Code:
line 11 (1) The accessory dwelling unit was built before January 1,
line 12 2020.
line 13 (2) The accessory dwelling unit was built on or after January
line 14 1, 2020, in a local jurisdiction that, at the time the accessory
line 15 dwelling unit was built, had a noncompliant accessory dwelling
line 16 unit ordinance, but the ordinance is compliant at the time the
line 17 request is made.
line 18 (n) This section shall remain in effect only until January 1, 2025,
line 19 and as of that date is repealed.
line 20 SEC. 1.1. Section 65852.2 of the Government Code is amended
line 21 to read:
line 22 65852.2. (a) (1) A local agency may, by ordinance, provide
line 23 for the creation of accessory dwelling units in areas zoned to allow
line 24 single-family or multifamily dwelling residential use. The
line 25 ordinance shall do all of the following:
line 26 (A) Designate areas within the jurisdiction of the local agency
line 27 where accessory dwelling units may be permitted. The designation
line 28 of areas may be based on criteria that may include, but are not
line 29 limited to, the adequacy of water and sewer services and the impact
line 30 of accessory dwelling units on traffic flow and public safety.
line 31 (B) (i) Impose standards on accessory dwelling units that
line 32 include, but are not limited to, parking, height, setback, lot
line 33 coverage, landscape, architectural review, maximum size of a unit,
line 34 and standards that prevent adverse impacts on any real property
line 35 that is listed in the California Register of Historic Places.
line 36 Resources. These standards shall not include requirements on
line 37 minimum lot size.
line 38 (ii) Notwithstanding clause (i), a local agency may reduce or
line 39 eliminate parking requirements for any accessory dwelling unit
line 40 located within its jurisdiction.
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— 14 — SB 13 A-14
line 1 (C) Provide that accessory dwelling units do not exceed the
line 2 allowable density for the lot upon which the accessory dwelling
line 3 unit is located, and that accessory dwelling units are a residential
line 4 use that is consistent with the existing general plan and zoning
line 5 designation for the lot.
line 6 (D) Require the accessory dwelling units to comply with all of
line 7 the following:
line 8 (i) The accessory dwelling unit may be rented separate from
line 9 the primary residence, buy but may not be sold or otherwise
line 10 conveyed separate from the primary residence.
line 11 (ii) The lot is zoned to allow single-family or multifamily
line 12 dwelling residential use and includes a proposed or existing
line 13 single-family dwelling.
line 14 (iii) The accessory dwelling unit is either attached to, or located
line 15 within the living area of within, the proposed or existing primary
line 16 dwelling dwelling, including attached garages, storage areas or
line 17 similar uses, or an accessory structure or detached from the
line 18 proposed or existing primary dwelling and located on the same lot
line 19 as the proposed or existing primary dwelling.
line 20 (iv) The If there is an existing primary dwelling, the total floor
line 21 area of floorspace of an attached accessory dwelling unit shall not
line 22 exceed 50 percent of the proposed or existing primary dwelling
line 23 living area or 1,200 square feet. the existing primary dwelling.
line 24 (v) The total floor area of floorspace for a detached accessory
line 25 dwelling unit shall not exceed 1,200 square feet.
line 26 (vi) No passageway shall be required in conjunction with the
line 27 construction of an accessory dwelling unit.
line 28 (vii) No setback shall be required for an existing garage living
line 29 area or accessory structure or a structure constructed in the same
line 30 location and to the same dimensions as an existing structure that
line 31 is converted to an accessory dwelling unit or to a portion of an
line 32 accessory dwelling unit, and a setback of no more than five four
line 33 feet from the side and rear lot lines shall be required for an
line 34 accessory dwelling unit that is constructed above a garage. not
line 35 converted from an existing structure or a new structure constructed
line 36 in the same location and to the same dimensions as an existing
line 37 structure.
line 38 (viii) Local building code requirements that apply to detached
line 39 dwellings, as appropriate.
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SB 13 — 15 — A-15
line 1 (ix) Approval by the local health officer where a private sewage
line 2 disposal system is being used, if required.
line 3 (x) (I) Parking requirements for accessory dwelling units shall
line 4 not exceed one parking space per accessory dwelling unit or per
line 5 bedroom, whichever is less. These spaces may be provided as
line 6 tandem parking on a driveway.
line 7 (II) Offstreet parking shall be permitted in setback areas in
line 8 locations determined by the local agency or through tandem
line 9 parking, unless specific findings are made that parking in setback
line 10 areas or tandem parking is not feasible based upon specific site or
line 11 regional topographical or fire and life safety conditions.
line 12 (III) This clause shall not apply to a an accessory dwelling unit
line 13 that is described in subdivision (d).
line 14 (xi) When a garage, carport, or covered parking structure is
line 15 demolished in conjunction with the construction of an accessory
line 16 dwelling unit or converted to an accessory dwelling unit, and the
line 17 local agency requires shall not require that those offstreet offstreet
line 18 parking spaces be replaced, the replacement spaces may be located
line 19 in any configuration on the same lot as the accessory dwelling
line 20 unit, including, but not limited to, as covered spaces, uncovered
line 21 spaces, or tandem spaces, or by the use of mechanical automobile
line 22 parking lifts. This clause shall not apply to a unit that is described
line 23 in subdivision (d). replaced.
line 24 (xii) Accessory dwelling units shall not be required to provide
line 25 fire sprinklers if they are not required for the primary residence.
line 26 (2) The ordinance shall not be considered in the application of
line 27 any local ordinance, policy, or program to limit residential growth.
line 28 (3) When a local agency receives its first application on or after
line 29 July 1, 2003, for a permit pursuant to this subdivision, the
line 30 application A permit application for an accessory dwelling unit
line 31 or a junior accessory dwelling unit shall be considered and
line 32 approved ministerially without discretionary review or a hearing,
line 33 notwithstanding Section 65901 or 65906 or any local ordinance
line 34 regulating the issuance of variances or special use permits, within
line 35 120 days after receiving the application. permits. The permitting
line 36 agency shall act on the application to create an accessory dwelling
line 37 unit or a junior accessory dwelling unit within 60 days from the
line 38 date the local agency receives a completed application if there is
line 39 an existing single-family or multifamily dwelling on the lot. If the
line 40 permit application to create an accessory dwelling unit or a junior
90
— 16 — SB 13 A-16
line 1 accessory dwelling unit is submitted with a permit application to
line 2 create a new single-family dwelling on the lot, the permitting
line 3 agency may delay acting on the permit application for the
line 4 accessory dwelling unit or the junior accessory dwelling unit until
line 5 the permitting agency acts on the permit application to create the
line 6 new single-family dwelling, but the application to create the
line 7 accessory dwelling unit or junior accessory dwelling unit shall be
line 8 considered without discretionary review or hearing. If the applicant
line 9 requests a delay, the 60-day time period shall be tolled for the
line 10 period of the delay. A local agency may charge a fee to reimburse
line 11 it for costs that it incurs as a result of amendments to this paragraph
line 12 enacted during the 2001–02 Regular Session of the Legislature,
line 13 incurred to implement this paragraph, including the costs of
line 14 adopting or amending any ordinance that provides for the creation
line 15 of an accessory dwelling unit.
line 16 (4) An existing ordinance governing the creation of an accessory
line 17 dwelling unit by a local agency or an accessory dwelling ordinance
line 18 adopted by a local agency subsequent to the effective date of the
line 19 act adding this paragraph shall provide an approval process that
line 20 includes only ministerial provisions for the approval of accessory
line 21 dwelling units and shall not include any discretionary processes,
line 22 provisions, or requirements for those units, except as otherwise
line 23 provided in this subdivision. In the event that If a local agency has
line 24 an existing accessory dwelling unit ordinance that fails to meet
line 25 the requirements of this subdivision, that ordinance shall be null
line 26 and void upon the effective date of the act adding this paragraph
line 27 and that agency shall thereafter apply the standards established in
line 28 this subdivision for the approval of accessory dwelling units, unless
line 29 and until the agency adopts an ordinance that complies with this
line 30 section.
line 31 (5) No other local ordinance, policy, or regulation shall be the
line 32 basis for the delay or denial of a building permit or a use permit
line 33 under this subdivision.
line 34 (6) This subdivision establishes the maximum standards that
line 35 local agencies shall use to evaluate a proposed accessory dwelling
line 36 unit on a lot zoned for residential use that includes a proposed or
line 37 existing single-family dwelling. No additional standards, other
line 38 than those provided in this subdivision, shall be utilized used or
line 39 imposed, including any owner-occupant requirement, except that
line 40 a local agency may require an applicant for a permit issued pursuant
90
SB 13 — 17 — A-17
line 1 to this subdivision to be an owner-occupant or that the property
line 2 be used for rentals of terms longer than 30 days.
line 3 (7) A local agency may amend its zoning ordinance or general
line 4 plan to incorporate the policies, procedures, or other provisions
line 5 applicable to the creation of an accessory dwelling unit if these
line 6 provisions are consistent with the limitations of this subdivision.
line 7 (8) An accessory dwelling unit that conforms to this subdivision
line 8 shall be deemed to be an accessory use or an accessory building
line 9 and shall not be considered to exceed the allowable density for the
line 10 lot upon which it is located, and shall be deemed to be a residential
line 11 use that is consistent with the existing general plan and zoning
line 12 designations for the lot. The accessory dwelling unit shall not be
line 13 considered in the application of any local ordinance, policy, or
line 14 program to limit residential growth.
line 15 (b) When a local agency that has not adopted an ordinance
line 16 governing accessory dwelling units in accordance with subdivision
line 17 (a) receives an application for a permit to create an accessory
line 18 dwelling unit pursuant to this subdivision, the local agency shall
line 19 approve or disapprove the application ministerially without
line 20 discretionary review pursuant to subdivision (a) within 120 days
line 21 after receiving the application. (a). The permitting agency shall
line 22 act on the application to create an accessory dwelling unit or a
line 23 junior accessory dwelling unit within 60 days from the date the
line 24 local agency receives a completed application if there is an existing
line 25 single-family or multifamily dwelling on the lot. If the permit
line 26 application to create an accessory dwelling unit or a junior
line 27 accessory dwelling unit is submitted with a permit application to
line 28 create a new single-family dwelling on the lot, the permitting
line 29 agency may delay acting on the permit application for the
line 30 accessory dwelling unit or the junior accessory dwelling unit until
line 31 the permitting agency acts on the permit application to create the
line 32 new single-family dwelling, but the application to create the
line 33 accessory dwelling unit or junior accessory dwelling unit shall
line 34 still be considered ministerially without discretionary review or
line 35 a hearing. If the applicant requests a delay, the 60-day time period
line 36 shall be tolled for the period of the delay. If the local agency has
line 37 not acted upon the completed application within 60 days, the
line 38 application shall be deemed approved.
line 39 (c) A local agency may establish minimum and maximum unit
line 40 size requirements for both attached and detached accessory
90
— 18 — SB 13 A-18
line 1 dwelling units. No minimum or maximum size for an accessory
line 2 dwelling unit, or size based upon a percentage of the proposed or
line 3 existing primary dwelling, shall be established by ordinance for
line 4 either attached or detached dwellings that does not permit at least
line 5 an efficiency unit to be constructed in compliance with local
line 6 development standards. Accessory dwelling units shall not be
line 7 required to provide fire sprinklers if they are not required for the
line 8 primary residence.
line 9 (c) (1) Subject to paragraph (2), a local agency may establish
line 10 minimum and maximum unit size requirements for both attached
line 11 and detached accessory dwelling units.
line 12 (2) Notwithstanding paragraph (1), a local agency shall not
line 13 establish by ordinance any of the following:
line 14 (A) A minimum square footage requirement for either an
line 15 attached or detached accessory dwelling unit that prohibits an
line 16 efficiency unit.
line 17 (B) A maximum square footage requirement for either an
line 18 attached or detached accessory dwelling unit that is less than
line 19 either of the following:
line 20 (i) 850 square feet.
line 21 (ii) 1,000 square feet for an accessory dwelling unit that
line 22 provides more than one bedroom.
line 23 (C) Any other minimum or maximum size for an accessory
line 24 dwelling unit, size based upon a percentage of the proposed or
line 25 existing primary dwelling, or limits on lot coverage, floor area
line 26 ratio, open space, and minimum lot size, for either attached or
line 27 detached dwellings that does not permit at least an 800 square
line 28 foot accessory dwelling unit that is at least 16 feet in height with
line 29 four-foot side and rear yard setbacks to be constructed in
line 30 compliance with all other local development standards.
line 31 (d) Notwithstanding any other law, a local agency, whether or
line 32 not it has adopted an ordinance governing accessory dwelling units
line 33 in accordance with subdivision (a), shall not impose parking
line 34 standards for an accessory dwelling unit in any of the following
line 35 instances:
line 36 (1) The accessory dwelling unit is located within one-half mile
line 37 walking distance of public transit.
line 38 (2) The accessory dwelling unit is located within an
line 39 architecturally and historically significant historic district.
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SB 13 — 19 — A-19
line 1 (3) The accessory dwelling unit is part of the proposed or
line 2 existing primary residence or an accessory structure.
line 3 (4) When on-street parking permits are required but not offered
line 4 to the occupant of the accessory dwelling unit.
line 5 (5) When there is a car share vehicle located within one block
line 6 of the accessory dwelling unit.
line 7 (e) Notwithstanding subdivisions (a) to (d), inclusive, a local
line 8 agency shall ministerially approve an application for a building
line 9 permit to create within a zone for single-family use one accessory
line 10 dwelling unit per single-family lot if the unit is contained within
line 11 the existing space of a single-family residence or accessory
line 12 structure, including, but not limited to, a studio, pool house, or
line 13 other similar structure, has independent exterior access from the
line 14 existing residence, and the side and rear setbacks are sufficient for
line 15 fire safety. Accessory dwelling units shall not be required to
line 16 provide fire sprinklers if they are not required for the primary
line 17 residence. A city may require owner occupancy for either the
line 18 primary or the accessory dwelling unit created through this process.
line 19 (e) (1) Notwithstanding subdivisions (a) to (d), inclusive, a
line 20 local agency shall ministerially approve an application for a
line 21 building permit within a residential or mixed-use zone to create
line 22 any of the following:
line 23 (A) One accessory dwelling unit or junior accessory dwelling
line 24 unit per lot with a proposed or existing single-family dwelling if
line 25 all of the following apply:
line 26 (i) The accessory dwelling unit or junior accessory dwelling
line 27 unit is within the proposed space of a single-family dwelling or
line 28 existing space of a single-family dwelling or accessory structure
line 29 and may include an expansion of not more than 150 square feet
line 30 beyond the same physical dimensions as the existing accessory
line 31 structure. An expansion beyond the physical dimensions of the
line 32 existing accessory structure shall be limited to accommodating
line 33 ingress and egress.
line 34 (ii) The space has exterior access from the proposed or existing
line 35 single-family dwelling.
line 36 (iii) The side and rear setbacks are sufficient for fire and safety.
line 37 (iv) The junior accessory dwelling unit complies with the
line 38 requirements of Section 65852.22.
line 39 (B) One detached, new construction, accessory dwelling unit
line 40 that does not exceed four-foot side and rear yard setbacks for a
90
— 20 — SB 13 A-20
line 1 lot with a proposed or existing single-family dwelling. The
line 2 accessory dwelling unit may be combined with a junior accessory
line 3 dwelling unit described in subparagraph (A). A local agency may
line 4 impose the following conditions on the accessory dwelling unit:
line 5 (i) A total floor area limitation of not more than 800 square
line 6 feet.
line 7 (ii) A height limitation of 16 feet.
line 8 (C) (i) Multiple accessory dwelling units within the portions
line 9 of existing multifamily dwelling structures that are not used as
line 10 livable space, including, but not limited to, storage rooms, boiler
line 11 rooms, passageways, attics, basements, or garages, if each unit
line 12 complies with state building standards for dwellings.
line 13 (ii) A local agency shall allow at least one accessory dwelling
line 14 unit within an existing multifamily dwelling and may shall allow
line 15 up to 25 percent of the existing multifamily dwelling units.
line 16 (D) Not more than two accessory dwelling units that are located
line 17 on a lot that has an existing multifamily dwelling, but are detached
line 18 from that multifamily dwelling and are subject to a height limit of
line 19 16 feet and four-foot rear yard and side setbacks.
line 20 (2) A local agency shall not require, as a condition for
line 21 ministerial approval of a permit application for the creation of an
line 22 accessory dwelling unit or a junior accessory dwelling unit, the
line 23 correction of nonconforming zoning conditions.
line 24 (3) The installation of fire sprinklers shall not be required in
line 25 an accessory dwelling unit if sprinklers are not required for the
line 26 primary residence.
line 27 (4) A local agency shall require that a rental of the accessory
line 28 dwelling unit created pursuant to this subdivision be for a term
line 29 longer than 30 days.
line 30 (5) A local agency may require, as part of the application for
line 31 a permit to create an accessory dwelling unit connected to an
line 32 onsite water treatment system, a percolation test completed within
line 33 the last five years, or, if the percolation test has been recertified,
line 34 within the last 10 years.
line 35 (6) Notwithstanding subdivision (c) and paragraph (1) a local
line 36 agency that has adopted an ordinance by July 1, 2018, providing
line 37 for the approval of accessory dwelling units in multifamily dwelling
line 38 structures shall ministerially consider a permit application to
line 39 construct an accessory dwelling unit that is described in paragraph
line 40 (1), and may impose standards including, but not limited to, design,
90
SB 13 — 21 — A-21
line 1 development, and historic standards on said accessory dwelling
line 2 units. These standards shall not include requirements on minimum
line 3 lot size.
line 4 (f) (1) Fees charged for the construction of accessory dwelling
line 5 units shall be determined in accordance with Chapter 5
line 6 (commencing with Section 66000) and Chapter 7 (commencing
line 7 with Section 66012).
line 8 (2) Accessory An accessory dwelling units unit shall not be
line 9 considered by a local agency, special district, or water corporation
line 10 to be a new residential use for the purposes of calculating
line 11 connection fees or capacity charges for utilities, including water
line 12 and sewer service. service, unless the accessory dwelling unit was
line 13 constructed with a new single-family dwelling.
line 14 (3) (A) A local agency, special district, or water corporation
line 15 shall not impose any impact fee upon the development of an
line 16 accessory dwelling unit less than 750 square feet. Any impact fees
line 17 charged for an accessory dwelling unit of 750 square feet or more
line 18 shall be charged proportionately in relation to the square footage
line 19 of the primary dwelling unit.
line 20 (B) For purposes of this paragraph, “impact fee” has the same
line 21 meaning as the term “fee” is defined in subdivision (b) of Section
line 22 66000, except that it also includes fees specified in Section 66477.
line 23 “Impact fee” does not include any connection fee or capacity
line 24 charge charged by a local agency, special district, or water
line 25 corporation.
line 26 (A)
line 27 (4) For an accessory dwelling unit described in subparagraph
line 28 (A) of paragraph (1) of subdivision (e), a local agency, special
line 29 district, or water corporation shall not require the applicant to
line 30 install a new or separate utility connection directly between the
line 31 accessory dwelling unit and the utility or impose a related
line 32 connection fee or capacity charge. charge, unless the accessory
line 33 dwelling unit was constructed with a new single-family dwelling.
line 34 (B)
line 35 (5) For an accessory dwelling unit that is not described in
line 36 subparagraph (A) of paragraph (1) of subdivision (e), a local
line 37 agency, special district, or water corporation may require a new
line 38 or separate utility connection directly between the accessory
line 39 dwelling unit and the utility. Consistent with Section 66013, the
line 40 connection may be subject to a connection fee or capacity charge
90
— 22 — SB 13 A-22
line 1 that shall be proportionate to the burden of the proposed accessory
line 2 dwelling unit, based upon either its size square feet or the number
line 3 of its plumbing fixtures, drainage fixture unit (DFU) values, as
line 4 defined in the Uniform Plumbing Code adopted and published by
line 5 the International Association of Plumbing and Mechanical
line 6 Officials, upon the water or sewer system. This fee or charge shall
line 7 not exceed the reasonable cost of providing this service.
line 8 (g) This section does not limit the authority of local agencies
line 9 to adopt less restrictive requirements for the creation of an
line 10 accessory dwelling unit.
line 11 (h) Local agencies (1) A local agency shall submit a copy of
line 12 the ordinance adopted pursuant to subdivision (a) to the Department
line 13 of Housing and Community Development within 60 days after
line 14 adoption. The department may review and comment on this
line 15 submitted ordinance. After adoption of an ordinance, the
line 16 department may submit written findings to the local agency as to
line 17 whether the ordinance complies with the section.
line 18 (2) (A) If the department finds that the local agency’s ordinance
line 19 does not comply with this section, the department shall notify the
line 20 local agency and shall provide the local agency with a reasonable
line 21 time, no longer than 30 days, to respond to the findings before
line 22 taking any other action authorized by this section.
line 23 (B) The local agency shall consider the findings made by the
line 24 department pursuant to subparagraph (A) and shall do one of the
line 25 following:
line 26 (i) Amend the ordinance to comply with this section.
line 27 (ii) Adopt the ordinance without changes. The local agency
line 28 shall include findings in its resolution adopting the ordinance that
line 29 explain the reasons the local agency believes that the ordinance
line 30 complies with this section despite the findings of the department.
line 31 (3) (A) If the local agency does not amend its ordinance in
line 32 response to the department’s findings or does not adopt a
line 33 resolution with findings explaining the reason the ordinance
line 34 complies with this section and addressing the department’s
line 35 findings, the department shall notify the local agency and may
line 36 notify the Attorney General that the local agency is in violation of
line 37 state law.
line 38 (B) Before notifying the Attorney General that the local agency
line 39 is in violation of state law, the department may consider whether
90
SB 13 — 23 — A-23
line 1 a local agency adopted an ordinance in compliance with this
line 2 section between January 1, 2017, and January 1, 2020.
line 3 (i) The department may review, adopt, amend, or repeal
line 4 guidelines to implement uniform standards or criteria that
line 5 supplement or clarify the terms, references, and standards set forth
line 6 in this section. The guidelines adopted pursuant to this subdivision
line 7 are not subject to Chapter 3.5 (commencing with Section 11340)
line 8 of Part 1 of Division 3 of Title 2.
line 9 (i)
line 10 (j) As used in this section, the following terms mean:
line 11 (1) “Accessory dwelling unit” means an attached or a detached
line 12 residential dwelling unit that provides complete independent living
line 13 facilities for one or more persons. It shall include permanent
line 14 provisions for living, sleeping, eating, cooking, and sanitation on
line 15 the same parcel as the single-family or multifamily dwelling is or
line 16 will be situated. An accessory dwelling unit also includes the
line 17 following:
line 18 (A) An efficiency unit.
line 19 (B) A manufactured home, as defined in Section 18007 of the
line 20 Health and Safety Code.
line 21 (2) “Accessory structure” means a structure that is accessory
line 22 and incidental to a dwelling located on the same lot.
line 23 (3) “Efficiency unit” has the same meaning as defined in Section
line 24 17958.1 of the Health and Safety Code.
line 25 (1)
line 26 (4) “Living area” means the interior habitable area of a dwelling
line 27 unit unit, including basements and attics attics, but does not include
line 28 a garage or any accessory structure.
line 29 (2)
line 30 (5) “Local agency” means a city, county, or city and county,
line 31 whether general law or chartered.
line 32 (3) For purposes of this section, “neighborhood”
line 33 (6) “Neighborhood” has the same meaning as set forth in
line 34 Section 65589.5.
line 35 (4) “Accessory dwelling unit” means an attached or a detached
line 36 residential dwelling unit which provides complete independent
line 37 living facilities for one or more persons. It shall include permanent
line 38 provisions for living, sleeping, eating, cooking, and sanitation on
line 39 the same parcel as the single-family dwelling is situated. An
line 40 accessory dwelling unit also includes the following:
90
— 24 — SB 13 A-24
line 1 (A) An efficiency unit, as defined in Section 17958.1 of the
line 2 Health and Safety Code.
line 3 (B) A manufactured home, as defined in Section 18007 of the
line 4 Health and Safety Code.
line 5 (7) “Nonconforming zoning condition” means a physical
line 6 improvement on a property that does not conform with current
line 7 zoning standards.
line 8 (5)
line 9 (8) “Passageway” means a pathway that is unobstructed clear
line 10 to the sky and extends from a street to one entrance of the accessory
line 11 dwelling unit.
line 12 (9) “Proposed dwelling” means a dwelling that is the subject
line 13 of a permit application and that meets the requirements for
line 14 permitting.
line 15 (10) “Public transit” means a location, including, but not
line 16 limited to, a bus stop or train station, where the public may access
line 17 buses, trains, subways, and other forms of transportation that
line 18 charge set fares, run on fixed routes, and are available to the
line 19 public.
line 20 (6)
line 21 (11) “Tandem parking” means that two or more automobiles
line 22 are parked on a driveway or in any other location on a lot, lined
line 23 up behind one another.
line 24 (k) A local agency shall not issue a certificate of occupancy for
line 25 an accessory dwelling unit before the local agency issues a
line 26 certificate of occupancy for the primary dwelling.
line 27 (j)
line 28 (l) Nothing in this section shall be construed to supersede or in
line 29 any way alter or lessen the effect or application of the California
line 30 Coastal Act of 1976 (Division 20 (commencing with Section
line 31 30000) of the Public Resources Code), except that the local
line 32 government shall not be required to hold public hearings for coastal
line 33 development permit applications for accessory dwelling units.
line 34 (m) A local agency may count an accessory dwelling unit for
line 35 purposes of identifying adequate sites for housing, as specified in
line 36 subdivision (a) of Section 65583.1, subject to authorization by the
line 37 department and compliance with this division.
line 38 (n) In enforcing building standards pursuant to Article 1
line 39 (commencing with Section 17960) of Chapter 5 of Part 1.5 of
line 40 Division 13 of the Health and Safety Code for an accessory
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SB 13 — 25 — A-25
line 1 dwelling unit described in paragraph (1) or (2) below, a local
line 2 agency, upon request of an owner of an accessory dwelling unit
line 3 for a delay in enforcement, shall delay enforcement of a building
line 4 standard, subject to compliance with Section 17980.12 of the
line 5 Health and Safety Code:
line 6 (1) The accessory dwelling unit was built before January 1,
line 7 2020.
line 8 (2) The accessory dwelling unit was built on or after January
line 9 1, 2020, in a local jurisdiction that, at the time the accessory
line 10 dwelling unit was built, had a noncompliant accessory dwelling
line 11 unit ordinance, but the ordinance is compliant at the time the
line 12 request is made.
line 13 (o) This section shall remain in effect only until January 1, 2025,
line 14 and as of that date is repealed.
line 15 SEC. 1.2. Section 65852.2 of the Government Code is amended
line 16 to read:
line 17 65852.2. (a) (1) A local agency may, by ordinance, provide
line 18 for the creation of accessory dwelling units in areas zoned to allow
line 19 single-family or multifamily dwelling residential use. The
line 20 ordinance shall do all of the following:
line 21 (A) Designate areas within the jurisdiction of the local agency
line 22 where accessory dwelling units may be permitted. The designation
line 23 of areas may be based on criteria that may include, but are not
line 24 limited to, the adequacy of water and sewer services and the impact
line 25 of accessory dwelling units on traffic flow and public safety. A
line 26 local agency that does not provide water or sewer services shall
line 27 consult with the local water or sewer service provider regarding
line 28 the adequacy of water and sewer services before designating an
line 29 area where accessory dwelling units may be permitted.
line 30 (B) (i) Impose standards on accessory dwelling units that
line 31 include, but are not limited to, parking, height, setback, lot
line 32 coverage, landscape, architectural review, maximum size of a unit,
line 33 and standards that prevent adverse impacts on any real property
line 34 that is listed in the California Register of Historic Places.
line 35 Resources. These standards shall not include requirements on
line 36 minimum lot size.
line 37 (ii) Notwithstanding clause (i), a local agency may reduce or
line 38 eliminate parking requirements for any accessory dwelling unit
line 39 located within its jurisdiction.
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— 26 — SB 13 A-26
line 1 (C) Provide that accessory dwelling units do not exceed the
line 2 allowable density for the lot upon which the accessory dwelling
line 3 unit is located, and that accessory dwelling units are a residential
line 4 use that is consistent with the existing general plan and zoning
line 5 designation for the lot.
line 6 (D) Require the accessory dwelling units to comply with all of
line 7 the following:
line 8 (i) The accessory dwelling unit may be rented separate from
line 9 the primary residence, buy but may not be sold or otherwise
line 10 conveyed separate from the primary residence.
line 11 (ii) The lot is zoned to allow single-family or multifamily
line 12 dwelling residential use and includes a proposed or existing
line 13 single-family dwelling.
line 14 (iii) The accessory dwelling unit is either attached to, or located
line 15 within the living area of within, the proposed or existing primary
line 16 dwelling dwelling, including attached garages, storage areas or
line 17 similar uses, or an accessory structure or detached from the
line 18 proposed or existing primary dwelling and located on the same lot
line 19 as the proposed or existing primary dwelling.
line 20 (iv) The If there is an existing primary dwelling, the total floor
line 21 area of floorspace of an attached accessory dwelling unit shall not
line 22 exceed 50 percent of the proposed or existing primary dwelling
line 23 living area or 1,200 square feet. the existing primary dwelling.
line 24 (v) The total floor area of floorspace for a detached accessory
line 25 dwelling unit shall not exceed 1,200 square feet.
line 26 (vi) No passageway shall be required in conjunction with the
line 27 construction of an accessory dwelling unit.
line 28 (vii) No setback shall be required for an existing garage living
line 29 area or accessory structure or a structure constructed in the same
line 30 location and to the same dimensions as an existing structure that
line 31 is converted to an accessory dwelling unit or to a portion of an
line 32 accessory dwelling unit, and a setback of no more than five four
line 33 feet from the side and rear lot lines shall be required for an
line 34 accessory dwelling unit that is constructed above a garage. not
line 35 converted from an existing structure or a new structure constructed
line 36 in the same location and to the same dimensions as an existing
line 37 structure.
line 38 (viii) Local building code requirements that apply to detached
line 39 dwellings, as appropriate.
90
SB 13 — 27 — A-27
line 1 (ix) Approval by the local health officer where a private sewage
line 2 disposal system is being used, if required.
line 3 (x) (I) Parking requirements for accessory dwelling units shall
line 4 not exceed one parking space per accessory dwelling unit or per
line 5 bedroom, whichever is less. These spaces may be provided as
line 6 tandem parking on a driveway.
line 7 (II) Offstreet parking shall be permitted in setback areas in
line 8 locations determined by the local agency or through tandem
line 9 parking, unless specific findings are made that parking in setback
line 10 areas or tandem parking is not feasible based upon specific site or
line 11 regional topographical or fire and life safety conditions.
line 12 (III) This clause shall not apply to a an accessory dwelling unit
line 13 that is described in subdivision (d).
line 14 (xi) When a garage, carport, or covered parking structure is
line 15 demolished in conjunction with the construction of an accessory
line 16 dwelling unit or converted to an accessory dwelling unit, and the
line 17 local agency requires shall not require that those offstreet offstreet
line 18 parking spaces be replaced, the replacement spaces may be located
line 19 in any configuration on the same lot as the accessory dwelling
line 20 unit, including, but not limited to, as covered spaces, uncovered
line 21 spaces, or tandem spaces, or by the use of mechanical automobile
line 22 parking lifts. This clause shall not apply to a unit that is described
line 23 in subdivision (d). replaced.
line 24 (xii) Accessory dwelling units shall not be required to provide
line 25 fire sprinklers if they are not required for the primary residence.
line 26 (2) The ordinance shall not be considered in the application of
line 27 any local ordinance, policy, or program to limit residential growth.
line 28 (3) When a local agency receives its first application on or after
line 29 July 1, 2003, for a permit pursuant to this subdivision, the
line 30 application A permit application for an accessory dwelling unit
line 31 or a junior accessory dwelling unit shall be considered and
line 32 approved ministerially without discretionary review or a hearing,
line 33 notwithstanding Section 65901 or 65906 or any local ordinance
line 34 regulating the issuance of variances or special use permits, within
line 35 120 days after receiving the application. permits. The permitting
line 36 agency shall act on the application to create an accessory dwelling
line 37 unit or a junior accessory dwelling unit within 60 days from the
line 38 date the local agency receives a completed application if there is
line 39 an existing single-family or multifamily dwelling on the lot. If the
line 40 permit application to create an accessory dwelling unit or a junior
90
— 28 — SB 13 A-28
line 1 accessory dwelling unit is submitted with a permit application to
line 2 create a new single-family dwelling on the lot, the permitting
line 3 agency may delay acting on the permit application for the
line 4 accessory dwelling unit or the junior accessory dwelling unit until
line 5 the permitting agency acts on the permit application to create the
line 6 new single-family dwelling, but the application to create the
line 7 accessory dwelling unit or junior accessory dwelling unit shall be
line 8 considered without discretionary review or hearing. If the applicant
line 9 requests a delay, the 60-day time period shall be tolled for the
line 10 period of the delay. A local agency may charge a fee to reimburse
line 11 it for costs that it incurs as a result of amendments to this paragraph
line 12 enacted during the 2001–02 Regular Session of the Legislature,
line 13 incurred to implement this paragraph, including the costs of
line 14 adopting or amending any ordinance that provides for the creation
line 15 of an accessory dwelling unit.
line 16 (4) An existing ordinance governing the creation of an accessory
line 17 dwelling unit by a local agency or an accessory dwelling ordinance
line 18 adopted by a local agency subsequent to the effective date of the
line 19 act adding this paragraph shall provide an approval process that
line 20 includes only ministerial provisions for the approval of accessory
line 21 dwelling units and shall not include any discretionary processes,
line 22 provisions, or requirements for those units, except as otherwise
line 23 provided in this subdivision. In the event that If a local agency has
line 24 an existing accessory dwelling unit ordinance that fails to meet
line 25 the requirements of this subdivision, that ordinance shall be null
line 26 and void upon the effective date of the act adding this paragraph
line 27 and that agency shall thereafter apply the standards established in
line 28 this subdivision for the approval of accessory dwelling units, unless
line 29 and until the agency adopts an ordinance that complies with this
line 30 section.
line 31 (5) No other local ordinance, policy, or regulation shall be the
line 32 basis for the delay or denial of a building permit or a use permit
line 33 under this subdivision.
line 34 (6) This subdivision establishes the maximum standards that
line 35 local agencies shall use to evaluate a proposed accessory dwelling
line 36 unit on a lot zoned for residential use that includes a proposed or
line 37 existing single-family dwelling. No additional standards, other
line 38 than those provided in this subdivision, shall be utilized used or
line 39 imposed, including any owner-occupant requirement, except that
line 40 a local agency may require an applicant for a permit issued pursuant
90
SB 13 — 29 — A-29
line 1 to this subdivision to be an owner-occupant or that the property
line 2 be used for rentals of terms longer than 30 days.
line 3 (7) A local agency may amend its zoning ordinance or general
line 4 plan to incorporate the policies, procedures, or other provisions
line 5 applicable to the creation of an accessory dwelling unit if these
line 6 provisions are consistent with the limitations of this subdivision.
line 7 (8) An accessory dwelling unit that conforms to this subdivision
line 8 shall be deemed to be an accessory use or an accessory building
line 9 and shall not be considered to exceed the allowable density for the
line 10 lot upon which it is located, and shall be deemed to be a residential
line 11 use that is consistent with the existing general plan and zoning
line 12 designations for the lot. The accessory dwelling unit shall not be
line 13 considered in the application of any local ordinance, policy, or
line 14 program to limit residential growth.
line 15 (b) When a local agency that has not adopted an ordinance
line 16 governing accessory dwelling units in accordance with subdivision
line 17 (a) receives an application for a permit to create an accessory
line 18 dwelling unit pursuant to this subdivision, the local agency shall
line 19 approve or disapprove the application ministerially without
line 20 discretionary review pursuant to subdivision (a) within 120 days
line 21 after receiving the application. (a). The permitting agency shall
line 22 act on the application to create an accessory dwelling unit or a
line 23 junior accessory dwelling unit within 60 days from the date the
line 24 local agency receives a completed application if there is an existing
line 25 single-family or multifamily dwelling on the lot. If the permit
line 26 application to create an accessory dwelling unit or a junior
line 27 accessory dwelling unit is submitted with a permit application to
line 28 create a new single-family dwelling on the lot, the permitting
line 29 agency may delay acting on the permit application for the
line 30 accessory dwelling unit or the junior accessory dwelling unit until
line 31 the permitting agency acts on the permit application to create the
line 32 new single-family dwelling, but the application to create the
line 33 accessory dwelling unit or junior accessory dwelling unit shall
line 34 still be considered ministerially without discretionary review or
line 35 a hearing. If the applicant requests a delay, the 60-day time period
line 36 shall be tolled for the period of the delay. If the local agency has
line 37 not acted upon the completed application within 60 days, the
line 38 application shall be deemed approved.
line 39 (c) A local agency may establish minimum and maximum unit
line 40 size requirements for both attached and detached accessory
90
— 30 — SB 13 A-30
line 1 dwelling units. No minimum or maximum size for an accessory
line 2 dwelling unit, or size based upon a percentage of the proposed or
line 3 existing primary dwelling, shall be established by ordinance for
line 4 either attached or detached dwellings that does not permit at least
line 5 an efficiency unit to be constructed in compliance with local
line 6 development standards. Accessory dwelling units shall not be
line 7 required to provide fire sprinklers if they are not required for the
line 8 primary residence.
line 9 (c) (1) Subject to paragraph (2), a local agency may establish
line 10 minimum and maximum unit size requirements for both attached
line 11 and detached accessory dwelling units.
line 12 (2) Notwithstanding paragraph (1), a local agency shall not
line 13 establish by ordinance any of the following:
line 14 (A) A minimum square footage requirement for either an
line 15 attached or detached accessory dwelling unit that prohibits an
line 16 efficiency unit.
line 17 (B) A maximum square footage requirement for either an
line 18 attached or detached accessory dwelling unit that is less than
line 19 either of the following:
line 20 (i) 850 square feet.
line 21 (ii) 1,000 square feet for an accessory dwelling unit that
line 22 provides more than one bedroom.
line 23 (C) Any other minimum or maximum size for an accessory
line 24 dwelling unit, size based upon a percentage of the proposed or
line 25 existing primary dwelling, or limits on lot coverage, floor area
line 26 ratio, open space, and minimum lot size, for either attached or
line 27 detached dwellings that does not permit at least an 800 square
line 28 foot accessory dwelling unit that is at least 16 feet in height with
line 29 four-foot side and rear yard setbacks to be constructed in
line 30 compliance with all other local development standards.
line 31 (d) Notwithstanding any other law, a local agency, whether or
line 32 not it has adopted an ordinance governing accessory dwelling units
line 33 in accordance with subdivision (a), shall not impose parking
line 34 standards for an accessory dwelling unit in any of the following
line 35 instances:
line 36 (1) The accessory dwelling unit is located within one-half mile
line 37 walking distance of public transit.
line 38 (2) The accessory dwelling unit is located within an
line 39 architecturally and historically significant historic district.
90
SB 13 — 31 — A-31
line 1 (3) The accessory dwelling unit is part of the proposed or
line 2 existing primary residence or an accessory structure.
line 3 (4) When on-street parking permits are required but not offered
line 4 to the occupant of the accessory dwelling unit.
line 5 (5) When there is a car share vehicle located within one block
line 6 of the accessory dwelling unit.
line 7 (e) Notwithstanding subdivisions (a) to (d), inclusive, a local
line 8 agency shall ministerially approve an application for a building
line 9 permit to create within a zone for single-family use one accessory
line 10 dwelling unit per single-family lot if the unit is contained within
line 11 the existing space of a single-family residence or accessory
line 12 structure, including, but not limited to, a studio, pool house, or
line 13 other similar structure, has independent exterior access from the
line 14 existing residence, and the side and rear setbacks are sufficient for
line 15 fire safety. Accessory dwelling units shall not be required to
line 16 provide fire sprinklers if they are not required for the primary
line 17 residence. A city may require owner occupancy for either the
line 18 primary or the accessory dwelling unit created through this process.
line 19 (e) (1) Notwithstanding subdivisions (a) to (d), inclusive, a
line 20 local agency shall ministerially approve an application for a
line 21 building permit within a residential or mixed-use zone to create
line 22 any of the following:
line 23 (A) One accessory dwelling unit or junior accessory dwelling
line 24 unit per lot with a proposed or existing single-family dwelling if
line 25 all of the following apply:
line 26 (i) The accessory dwelling unit or junior accessory dwelling
line 27 unit is within the proposed space of a single-family dwelling or
line 28 existing space of a single-family dwelling or accessory structure
line 29 and may include an expansion of not more than 150 square feet
line 30 beyond the same physical dimensions as the existing accessory
line 31 structure. An expansion beyond the physical dimensions of the
line 32 existing accessory structure shall be limited to accommodating
line 33 ingress and egress.
line 34 (ii) The space has exterior access from the proposed or existing
line 35 single-family dwelling.
line 36 (iii) The side and rear setbacks are sufficient for fire and safety.
line 37 (iv) The junior accessory dwelling unit complies with the
line 38 requirements of Section 65852.22.
line 39 (B) One detached, new construction, accessory dwelling unit
line 40 that does not exceed four-foot side and rear yard setbacks for a
90
— 32 — SB 13 A-32
line 1 lot with a proposed or existing single-family dwelling. The
line 2 accessory dwelling unit may be combined with a junior accessory
line 3 dwelling unit described in subparagraph (A). A local agency may
line 4 impose the following conditions on the accessory dwelling unit:
line 5 (i) A total floor area limitation of not more than 800 square
line 6 feet.
line 7 (ii) A height limitation of 16 feet.
line 8 (C) (i) Multiple accessory dwelling units within the portions
line 9 of existing multifamily dwelling structures that are not used as
line 10 livable space, including, but not limited to, storage rooms, boiler
line 11 rooms, passageways, attics, basements, or garages, if each unit
line 12 complies with state building standards for dwellings.
line 13 (ii) A local agency shall allow at least one accessory dwelling
line 14 unit within an existing multifamily dwelling and may shall allow
line 15 up to 25 percent of the existing multifamily dwelling units.
line 16 (D) Not more than two accessory dwelling units that are located
line 17 on a lot that has an existing multifamily dwelling, but are detached
line 18 from that multifamily dwelling and are subject to a height limit of
line 19 16 feet and four-foot rear yard and side setbacks.
line 20 (2) A local agency shall not require, as a condition for
line 21 ministerial approval of a permit application for the creation of an
line 22 accessory dwelling unit or a junior accessory dwelling unit, the
line 23 correction of nonconforming zoning conditions.
line 24 (3) The installation of fire sprinklers shall not be required in
line 25 an accessory dwelling unit if sprinklers are not required for the
line 26 primary residence.
line 27 (4) A local agency shall require that a rental of the accessory
line 28 dwelling unit created pursuant to this subdivision be for a term
line 29 longer than 30 days.
line 30 (5) A local agency may require, as part of the application for
line 31 a permit to create an accessory dwelling unit connected to an
line 32 onsite water treatment system, a percolation test completed within
line 33 the last five years, or, if the percolation test has been recertified,
line 34 within the last 10 years.
line 35 (6) Notwithstanding subdivision (c) and paragraph (1) a local
line 36 agency that has adopted an ordinance by July 1, 2018, providing
line 37 for the approval of accessory dwelling units in multifamily dwelling
line 38 structures shall ministerially consider a permit application to
line 39 construct an accessory dwelling unit that is described in paragraph
line 40 (1), and may impose standards including, but not limited to, design,
90
SB 13 — 33 — A-33
line 1 development, and historic standards on said accessory dwelling
line 2 units. These standards shall not include requirements on minimum
line 3 lot size.
line 4 (f) (1) Fees charged for the construction of accessory dwelling
line 5 units shall be determined in accordance with Chapter 5
line 6 (commencing with Section 66000) and Chapter 7 (commencing
line 7 with Section 66012).
line 8 (2) Accessory An accessory dwelling units unit shall not be
line 9 considered by a local agency, special district, or water corporation
line 10 to be a new residential use for the purposes of calculating
line 11 connection fees or capacity charges for utilities, including water
line 12 and sewer service. service, unless the accessory dwelling unit was
line 13 constructed with a new single-family dwelling.
line 14 (3) (A) A local agency, special district, or water corporation
line 15 shall not impose any impact fee upon the development of an
line 16 accessory dwelling unit less than 750 square feet. Any impact fees
line 17 charged for an accessory dwelling unit of 750 square feet or more
line 18 shall be charged proportionately in relation to the square footage
line 19 of the primary dwelling unit.
line 20 (B) For purposes of this paragraph, “impact fee” has the same
line 21 meaning as the term “fee” is defined in subdivision (b) of Section
line 22 66000, except that it also includes fees specified in Section 66477.
line 23 “Impact fee” does not include any connection fee or capacity
line 24 charge charged by a local agency, special district, or water
line 25 corporation.
line 26 (A)
line 27 (4) For an accessory dwelling unit described in subparagraph
line 28 (A) of paragraph (1) of subdivision (e), a local agency, special
line 29 district, or water corporation shall not require the applicant to
line 30 install a new or separate utility connection directly between the
line 31 accessory dwelling unit and the utility or impose a related
line 32 connection fee or capacity charge. charge, unless the accessory
line 33 dwelling unit was constructed with a new single-family dwelling.
line 34 (B)
line 35 (5) For an accessory dwelling unit that is not described in
line 36 subparagraph (A) of paragraph (1) of subdivision (e), a local
line 37 agency, special district, or water corporation may require a new
line 38 or separate utility connection directly between the accessory
line 39 dwelling unit and the utility. Consistent with Section 66013, the
line 40 connection may be subject to a connection fee or capacity charge
90
— 34 — SB 13 A-34
line 1 that shall be proportionate to the burden of the proposed accessory
line 2 dwelling unit, based upon either its size square feet or the number
line 3 of its plumbing fixtures, drainage fixture unit (DFU) values, as
line 4 defined in the Uniform Plumbing Code adopted and published by
line 5 the International Association of Plumbing and Mechanical
line 6 Officials, upon the water or sewer system. This fee or charge shall
line 7 not exceed the reasonable cost of providing this service.
line 8 (g) This section does not limit the authority of local agencies
line 9 to adopt less restrictive requirements for the creation of an
line 10 accessory dwelling unit.
line 11 (h) Local agencies (1) A local agency shall submit a copy of
line 12 the ordinance adopted pursuant to subdivision (a) to the Department
line 13 of Housing and Community Development within 60 days after
line 14 adoption. The department may review and comment on this
line 15 submitted ordinance. After adoption of an ordinance, the
line 16 department may submit written findings to the local agency as to
line 17 whether the ordinance complies with the section.
line 18 (2) (A) If the department finds that the local agency’s ordinance
line 19 does not comply with this section, the department shall notify the
line 20 local agency and shall provide the local agency with a reasonable
line 21 time, no longer than 30 days, to respond to the findings before
line 22 taking any other action authorized by this section.
line 23 (B) The local agency shall consider the findings made by the
line 24 department pursuant to subparagraph (A) and shall do one of the
line 25 following:
line 26 (i) Amend the ordinance to comply with this section.
line 27 (ii) Adopt the ordinance without changes. The local agency
line 28 shall include findings in its resolution adopting the ordinance that
line 29 explain the reasons the local agency believes that the ordinance
line 30 complies with this section despite the findings of the department.
line 31 (3) (A) If the local agency does not amend its ordinance in
line 32 response to the department’s findings or does not adopt a
line 33 resolution with findings explaining the reason the ordinance
line 34 complies with this section and addressing the department’s
line 35 findings, the department shall notify the local agency and may
line 36 notify the Attorney General that the local agency is in violation of
line 37 state law.
line 38 (B) Before notifying the Attorney General that the local agency
line 39 is in violation of state law, the department may consider whether
90
SB 13 — 35 — A-35
line 1 a local agency adopted an ordinance in compliance with this
line 2 section between January 1, 2017, and January 1, 2020.
line 3 (i) The department may review, adopt, amend, or repeal
line 4 guidelines to implement uniform standards or criteria that
line 5 supplement or clarify the terms, references, and standards set forth
line 6 in this section. The guidelines adopted pursuant to this subdivision
line 7 are not subject to Chapter 3.5 (commencing with Section 11340)
line 8 of Part 1 of Division 3 of Title 2.
line 9 (i)
line 10 (j) As used in this section, the following terms mean:
line 11 (1) “Accessory dwelling unit” means an attached or a detached
line 12 residential dwelling unit that provides complete independent living
line 13 facilities for one or more persons and is located on a lot with a
line 14 proposed or existing primary residence. It shall include permanent
line 15 provisions for living, sleeping, eating, cooking, and sanitation on
line 16 the same parcel as the single-family or multifamily dwelling is or
line 17 will be situated. An accessory dwelling unit also includes the
line 18 following:
line 19 (A) An efficiency unit.
line 20 (B) A manufactured home, as defined in Section 18007 of the
line 21 Health and Safety Code.
line 22 (2) “Accessory structure” means a structure that is accessory
line 23 and incidental to a dwelling located on the same lot.
line 24 (3) “Efficiency unit” has the same meaning as defined in Section
line 25 17958.1 of the Health and Safety Code.
line 26 (1)
line 27 (4) “Living area” means the interior habitable area of a dwelling
line 28 unit unit, including basements and attics attics, but does not include
line 29 a garage or any accessory structure.
line 30 (2)
line 31 (5) “Local agency” means a city, county, or city and county,
line 32 whether general law or chartered.
line 33 (3) For purposes of this section, “neighborhood”
line 34 (6) “Neighborhood” has the same meaning as set forth in
line 35 Section 65589.5.
line 36 (4) “Accessory dwelling unit” means an attached or a detached
line 37 residential dwelling unit which provides complete independent
line 38 living facilities for one or more persons. It shall include permanent
line 39 provisions for living, sleeping, eating, cooking, and sanitation on
90
— 36 — SB 13 A-36
line 1 the same parcel as the single-family dwelling is situated. An
line 2 accessory dwelling unit also includes the following:
line 3 (A) An efficiency unit, as defined in Section 17958.1 of the
line 4 Health and Safety Code.
line 5 (B) A manufactured home, as defined in Section 18007 of the
line 6 Health and Safety Code.
line 7 (7) “Nonconforming zoning condition” means a physical
line 8 improvement on a property that does not conform with current
line 9 zoning standards.
line 10 (5)
line 11 (8) “Passageway” means a pathway that is unobstructed clear
line 12 to the sky and extends from a street to one entrance of the accessory
line 13 dwelling unit.
line 14 (9) “Proposed dwelling” means a dwelling that is the subject
line 15 of a permit application and that meets the requirements for
line 16 permitting.
line 17 (10) “Public transit” means a location, including, but not
line 18 limited to, a bus stop or train station, where the public may access
line 19 buses, trains, subways, and other forms of transportation that
line 20 charge set fares, run on fixed routes, and are available to the
line 21 public.
line 22 (6)
line 23 (11) “Tandem parking” means that two or more automobiles
line 24 are parked on a driveway or in any other location on a lot, lined
line 25 up behind one another.
line 26 (k) A local agency shall not issue a certificate of occupancy for
line 27 an accessory dwelling unit before the local agency issues a
line 28 certificate of occupancy for the primary dwelling.
line 29 (j)
line 30 (l) Nothing in this section shall be construed to supersede or in
line 31 any way alter or lessen the effect or application of the California
line 32 Coastal Act of 1976 (Division 20 (commencing with Section
line 33 30000) of the Public Resources Code), except that the local
line 34 government shall not be required to hold public hearings for coastal
line 35 development permit applications for accessory dwelling units.
line 36 (m) A local agency may count an accessory dwelling unit for
line 37 purposes of identifying adequate sites for housing, as specified in
line 38 subdivision (a) of Section 65583.1, subject to authorization by the
line 39 department and compliance with this division.
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SB 13 — 37 — A-37
line 1 (n) In enforcing building standards pursuant to Article 1
line 2 (commencing with Section 17960) of Chapter 5 of Part 1.5 of
line 3 Division 13 of the Health and Safety Code for an accessory
line 4 dwelling unit described in paragraph (1) or (2) below, a local
line 5 agency, upon request of an owner of an accessory dwelling unit
line 6 for a delay in enforcement, shall delay enforcement of a building
line 7 standard, subject to compliance with Section 17980.12 of the
line 8 Health and Safety Code:
line 9 (1) The accessory dwelling unit was built before January 1,
line 10 2020.
line 11 (2) The accessory dwelling unit was built on or after January
line 12 1, 2020, in a local jurisdiction that, at the time the accessory
line 13 dwelling unit was built, had a noncompliant accessory dwelling
line 14 unit ordinance, but the ordinance is compliant at the time the
line 15 request is made.
line 16 (o) This section shall remain in effect only until January 1, 2025,
line 17 and as of that date is repealed.
line 18 SEC. 1.3. Section 65852.2 of the Government Code is amended
line 19 to read:
line 20 65852.2. (a) (1) A local agency may, by ordinance, provide
line 21 for the creation of accessory dwelling units in areas zoned to allow
line 22 single-family or multifamily dwelling residential use. The
line 23 ordinance shall do all of the following:
line 24 (A) Designate areas within the jurisdiction of the local agency
line 25 where accessory dwelling units may be permitted. The designation
line 26 of areas may be based on criteria that may include, but are not
line 27 limited to, include the adequacy of water and sewer services and
line 28 the impact of accessory dwelling units on traffic flow and public
line 29 safety. A local agency that does not provide water or sewer services
line 30 shall consult with the local water or sewer service provider
line 31 regarding the adequacy of water and sewer services before
line 32 designating an area where accessory dwelling units may be
line 33 permitted.
line 34 (B) (i) Impose standards on accessory dwelling units that
line 35 include, but are not limited to, parking, height, setback, lot
line 36 coverage, landscape, architectural review, maximum size of a unit,
line 37 and standards that prevent adverse impacts on any real property
line 38 that is listed in the California Register of Historic Places.
line 39 Resources. These standards shall not include requirements on
line 40 minimum lot size.
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— 38 — SB 13 A-38
line 1 (ii) Notwithstanding clause (i), a local agency may reduce or
line 2 eliminate parking requirements for any accessory dwelling unit
line 3 located within its jurisdiction.
line 4 (C) Provide that accessory dwelling units do not exceed the
line 5 allowable density for the lot upon which the accessory dwelling
line 6 unit is located, and that accessory dwelling units are a residential
line 7 use that is consistent with the existing general plan and zoning
line 8 designation for the lot.
line 9 (D) Require the accessory dwelling units to comply with all of
line 10 the following:
line 11 (i) The accessory dwelling unit may be rented separate from
line 12 the primary residence, buy but may not be sold or otherwise
line 13 conveyed separate from the primary residence.
line 14 (ii) The lot is zoned to allow single-family or multifamily
line 15 dwelling residential use and includes a proposed or existing
line 16 single-family dwelling.
line 17 (iii) The accessory dwelling unit is either attached to, or located
line 18 within the living area of within, the proposed or existing primary
line 19 dwelling dwelling, including attached garages, storage areas or
line 20 similar uses, or an accessory structure or detached from the
line 21 proposed or existing primary dwelling and located on the same lot
line 22 as the proposed or existing primary dwelling.
line 23 (iv) The If there is an existing primary dwelling, the total floor
line 24 area of floorspace of an attached accessory dwelling unit shall not
line 25 exceed 50 percent of the proposed or existing primary dwelling
line 26 living area or 1,200 square feet. the existing primary dwelling.
line 27 (v) The total floor area of floorspace for a detached accessory
line 28 dwelling unit shall not exceed 1,200 square feet.
line 29 (vi) No passageway shall be required in conjunction with the
line 30 construction of an accessory dwelling unit.
line 31 (vii) No setback shall be required for an existing garage living
line 32 area or accessory structure or a structure constructed in the same
line 33 location and to the same dimensions as an existing structure that
line 34 is converted to an accessory dwelling unit or to a portion of an
line 35 accessory dwelling unit, and a setback of no more than five four
line 36 feet from the side and rear lot lines shall be required for an
line 37 accessory dwelling unit that is constructed above a garage. not
line 38 converted from an existing structure or a new structure constructed
line 39 in the same location and to the same dimensions as an existing
line 40 structure.
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SB 13 — 39 — A-39
line 1 (viii) Local building code requirements that apply to detached
line 2 dwellings, as appropriate.
line 3 (ix) Approval by the local health officer where a private sewage
line 4 disposal system is being used, if required.
line 5 (x) (I) Parking requirements for accessory dwelling units shall
line 6 not exceed one parking space per accessory dwelling unit or per
line 7 bedroom, whichever is less. These spaces may be provided as
line 8 tandem parking on a driveway.
line 9 (II) Offstreet parking shall be permitted in setback areas in
line 10 locations determined by the local agency or through tandem
line 11 parking, unless specific findings are made that parking in setback
line 12 areas or tandem parking is not feasible based upon specific site or
line 13 regional topographical or fire and life safety conditions.
line 14 (III) This clause shall not apply to a an accessory dwelling unit
line 15 that is described in subdivision (d).
line 16 (xi) When a garage, carport, or covered parking structure is
line 17 demolished in conjunction with the construction of an accessory
line 18 dwelling unit or converted to an accessory dwelling unit, and the
line 19 local agency requires shall not require that those offstreet offstreet
line 20 parking spaces be replaced, the replacement spaces may be located
line 21 in any configuration on the same lot as the accessory dwelling
line 22 unit, including, but not limited to, as covered spaces, uncovered
line 23 spaces, or tandem spaces, or by the use of mechanical automobile
line 24 parking lifts. This clause shall not apply to a unit that is described
line 25 in subdivision (d). replaced.
line 26 (xii) Accessory dwelling units shall not be required to provide
line 27 fire sprinklers if they are not required for the primary residence.
line 28 (2) The ordinance shall not be considered in the application of
line 29 any local ordinance, policy, or program to limit residential growth.
line 30 (3) When a local agency receives its first application on or after
line 31 July 1, 2003, for a permit pursuant to this subdivision, the
line 32 application A permit application for an accessory dwelling unit
line 33 or a junior accessory dwelling unit shall be considered and
line 34 approved ministerially without discretionary review or a hearing,
line 35 notwithstanding Section 65901 or 65906 or any local ordinance
line 36 regulating the issuance of variances or special use permits, within
line 37 120 days after receiving the application. permits. The permitting
line 38 agency shall act on the application to create an accessory dwelling
line 39 unit or a junior accessory dwelling unit within 60 days from the
line 40 date the local agency receives a completed application if there is
90
— 40 — SB 13 A-40
line 1 an existing single-family or multifamily dwelling on the lot. If the
line 2 permit application to create an accessory dwelling unit or a junior
line 3 accessory dwelling unit is submitted with a permit application to
line 4 create a new single-family dwelling on the lot, the permitting
line 5 agency may delay acting on the permit application for the
line 6 accessory dwelling unit or the junior accessory dwelling unit until
line 7 the permitting agency acts on the permit application to create the
line 8 new single-family dwelling, but the application to create the
line 9 accessory dwelling unit or junior accessory dwelling unit shall be
line 10 considered without discretionary review or hearing. If the applicant
line 11 requests a delay, the 60-day time period shall be tolled for the
line 12 period of the delay. A local agency may charge a fee to reimburse
line 13 it for costs that it incurs as a result of amendments to this paragraph
line 14 enacted during the 2001–02 Regular Session of the Legislature,
line 15 incurred to implement this paragraph, including the costs of
line 16 adopting or amending any ordinance that provides for the creation
line 17 of an accessory dwelling unit.
line 18 (4) An existing ordinance governing the creation of an accessory
line 19 dwelling unit by a local agency or an accessory dwelling ordinance
line 20 adopted by a local agency subsequent to the effective date of the
line 21 act adding this paragraph shall provide an approval process that
line 22 includes only ministerial provisions for the approval of accessory
line 23 dwelling units and shall not include any discretionary processes,
line 24 provisions, or requirements for those units, except as otherwise
line 25 provided in this subdivision. In the event that If a local agency has
line 26 an existing accessory dwelling unit ordinance that fails to meet
line 27 the requirements of this subdivision, that ordinance shall be null
line 28 and void upon the effective date of the act adding this paragraph
line 29 and that agency shall thereafter apply the standards established in
line 30 this subdivision for the approval of accessory dwelling units, unless
line 31 and until the agency adopts an ordinance that complies with this
line 32 section.
line 33 (5) No other local ordinance, policy, or regulation shall be the
line 34 basis for the delay or denial of a building permit or a use permit
line 35 under this subdivision.
line 36 (6) This subdivision establishes the maximum standards that
line 37 local agencies shall use to evaluate a proposed accessory dwelling
line 38 unit on a lot zoned for residential use that includes a proposed or
line 39 existing single-family dwelling. No additional standards, other
line 40 than those provided in this subdivision, shall be utilized used or
90
SB 13 — 41 — A-41
line 1 imposed, including any owner-occupant requirement, except that
line 2 a local agency may require an applicant for a permit issued pursuant
line 3 to this subdivision to be an owner-occupant or that the property
line 4 be used for rentals of terms longer than 30 days.
line 5 (7) A local agency may amend its zoning ordinance or general
line 6 plan to incorporate the policies, procedures, or other provisions
line 7 applicable to the creation of an accessory dwelling unit if these
line 8 provisions are consistent with the limitations of this subdivision.
line 9 (8) An accessory dwelling unit that conforms to this subdivision
line 10 shall be deemed to be an accessory use or an accessory building
line 11 and shall not be considered to exceed the allowable density for the
line 12 lot upon which it is located, and shall be deemed to be a residential
line 13 use that is consistent with the existing general plan and zoning
line 14 designations for the lot. The accessory dwelling unit shall not be
line 15 considered in the application of any local ordinance, policy, or
line 16 program to limit residential growth.
line 17 (b) When a local agency that has not adopted an ordinance
line 18 governing accessory dwelling units in accordance with subdivision
line 19 (a) receives an application for a permit to create an accessory
line 20 dwelling unit pursuant to this subdivision, the local agency shall
line 21 approve or disapprove the application ministerially without
line 22 discretionary review pursuant to subdivision (a) within 120 days
line 23 after receiving the application. (a). The permitting agency shall
line 24 act on the application to create an accessory dwelling unit or a
line 25 junior accessory dwelling unit within 60 days from the date the
line 26 local agency receives a completed application if there is an existing
line 27 single-family or multifamily dwelling on the lot. If the permit
line 28 application to create an accessory dwelling unit or a junior
line 29 accessory dwelling unit is submitted with a permit application to
line 30 create a new single-family dwelling on the lot, the permitting
line 31 agency may delay acting on the permit application for the
line 32 accessory dwelling unit or the junior accessory dwelling unit until
line 33 the permitting agency acts on the permit application to create the
line 34 new single-family dwelling, but the application to create the
line 35 accessory dwelling unit or junior accessory dwelling unit shall
line 36 still be considered ministerially without discretionary review or
line 37 a hearing. If the applicant requests a delay, the 60-day time period
line 38 shall be tolled for the period of the delay. If the local agency has
line 39 not acted upon the completed application within 60 days, the
line 40 application shall be deemed approved.
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— 42 — SB 13 A-42
line 1 (c) A local agency may establish minimum and maximum unit
line 2 size requirements for both attached and detached accessory
line 3 dwelling units. No minimum or maximum size for an accessory
line 4 dwelling unit, or size based upon a percentage of the proposed or
line 5 existing primary dwelling, shall be established by ordinance for
line 6 either attached or detached dwellings that does not permit at least
line 7 an efficiency unit to be constructed in compliance with local
line 8 development standards. Accessory dwelling units shall not be
line 9 required to provide fire sprinklers if they are not required for the
line 10 primary residence.
line 11 (c) (1) Subject to paragraph (2), a local agency may establish
line 12 minimum and maximum unit size requirements for both attached
line 13 and detached accessory dwelling units.
line 14 (2) Notwithstanding paragraph (1), a local agency shall not
line 15 establish by ordinance any of the following:
line 16 (A) A minimum square footage requirement for either an
line 17 attached or detached accessory dwelling unit that prohibits an
line 18 efficiency unit.
line 19 (B) A maximum square footage requirement for either an
line 20 attached or detached accessory dwelling unit that is less than
line 21 either of the following:
line 22 (i) 850 square feet.
line 23 (ii) 1,000 square feet for an accessory dwelling unit that
line 24 provides more than one bedroom.
line 25 (C) Any other minimum or maximum size for an accessory
line 26 dwelling unit, size based upon a percentage of the proposed or
line 27 existing primary dwelling, or limits on lot coverage, floor area
line 28 ratio, open space, and minimum lot size, for either attached or
line 29 detached dwellings that does not permit at least an 800 square
line 30 foot accessory dwelling unit that is at least 16 feet in height with
line 31 four-foot side and rear yard setbacks to be constructed in
line 32 compliance with all other local development standards.
line 33 (d) Notwithstanding any other law, a local agency, whether or
line 34 not it has adopted an ordinance governing accessory dwelling units
line 35 in accordance with subdivision (a), shall not impose parking
line 36 standards for an accessory dwelling unit in any of the following
line 37 instances:
line 38 (1) The accessory dwelling unit is located within one-half mile
line 39 walking distance of public transit.
90
SB 13 — 43 — A-43
line 1 (2) The accessory dwelling unit is located within an
line 2 architecturally and historically significant historic district.
line 3 (3) The accessory dwelling unit is part of the proposed or
line 4 existing primary residence or an accessory structure.
line 5 (4) When on-street parking permits are required but not offered
line 6 to the occupant of the accessory dwelling unit.
line 7 (5) When there is a car share vehicle located within one block
line 8 of the accessory dwelling unit.
line 9 (e) Notwithstanding subdivisions (a) to (d), inclusive, a local
line 10 agency shall ministerially approve an application for a building
line 11 permit to create within a zone for single-family use one accessory
line 12 dwelling unit per single-family lot if the unit is contained within
line 13 the existing space of a single-family residence or accessory
line 14 structure, including, but not limited to, a studio, pool house, or
line 15 other similar structure, has independent exterior access from the
line 16 existing residence, and the side and rear setbacks are sufficient for
line 17 fire safety. Accessory dwelling units shall not be required to
line 18 provide fire sprinklers if they are not required for the primary
line 19 residence. A city may require owner occupancy for either the
line 20 primary or the accessory dwelling unit created through this process.
line 21 (e) (1) Notwithstanding subdivisions (a) to (d), inclusive, a
line 22 local agency shall ministerially approve an application for a
line 23 building permit within a residential or mixed-use zone to create
line 24 any of the following:
line 25 (A) One accessory dwelling unit or junior accessory dwelling
line 26 unit per lot with a proposed or existing single-family dwelling if
line 27 all of the following apply:
line 28 (i) The accessory dwelling unit or junior accessory dwelling
line 29 unit is within the proposed space of a single-family dwelling or
line 30 existing space of a single-family dwelling or accessory structure
line 31 and may include an expansion of not more than 150 square feet
line 32 beyond the same physical dimensions as the existing accessory
line 33 structure. An expansion beyond the physical dimensions of the
line 34 existing accessory structure shall be limited to accommodating
line 35 ingress and egress.
line 36 (ii) The space has exterior access from the proposed or existing
line 37 single-family dwelling.
line 38 (iii) The side and rear setbacks are sufficient for fire and safety.
line 39 (iv) The junior accessory dwelling unit complies with the
line 40 requirements of Section 65852.22.
90
— 44 — SB 13 A-44
line 1 (B) One detached, new construction, accessory dwelling unit
line 2 that does not exceed four-foot side and rear yard setbacks for a
line 3 lot with a proposed or existing single-family dwelling. The
line 4 accessory dwelling unit may be combined with a junior accessory
line 5 dwelling unit described in subparagraph (A). A local agency may
line 6 impose the following conditions on the accessory dwelling unit:
line 7 (i) A total floor area limitation of not more than 800 square
line 8 feet.
line 9 (ii) A height limitation of 16 feet.
line 10 (C) (i) Multiple accessory dwelling units within the portions
line 11 of existing multifamily dwelling structures that are not used as
line 12 livable space, including, but not limited to, storage rooms, boiler
line 13 rooms, passageways, attics, basements, or garages, if each unit
line 14 complies with state building standards for dwellings.
line 15 (ii) A local agency shall allow at least one accessory dwelling
line 16 unit within an existing multifamily dwelling and may shall allow
line 17 up to 25 percent of the existing multifamily dwelling units.
line 18 (D) Not more than two accessory dwelling units that are located
line 19 on a lot that has an existing multifamily dwelling, but are detached
line 20 from that multifamily dwelling and are subject to a height limit of
line 21 16 feet and four-foot rear yard and side setbacks.
line 22 (2) A local agency shall not require, as a condition for
line 23 ministerial approval of a permit application for the creation of an
line 24 accessory dwelling unit or a junior accessory dwelling unit, the
line 25 correction of nonconforming zoning conditions.
line 26 (3) The installation of fire sprinklers shall not be required in
line 27 an accessory dwelling unit if sprinklers are not required for the
line 28 primary residence.
line 29 (4) A local agency shall require that a rental of the accessory
line 30 dwelling unit created pursuant to this subdivision be for a term
line 31 longer than 30 days.
line 32 (5) A local agency may require, as part of the application for
line 33 a permit to create an accessory dwelling unit connected to an
line 34 onsite water treatment system, a percolation test completed within
line 35 the last five years, or, if the percolation test has been recertified,
line 36 within the last 10 years.
line 37 (6) Notwithstanding subdivision (c) and paragraph (1) a local
line 38 agency that has adopted an ordinance by July 1, 2018, providing
line 39 for the approval of accessory dwelling units in multifamily dwelling
line 40 structures shall ministerially consider a permit application to
90
SB 13 — 45 — A-45
line 1 construct an accessory dwelling unit that is described in paragraph
line 2 (1), and may impose standards including, but not limited to, design,
line 3 development, and historic standards on said accessory dwelling
line 4 units. These standards shall not include requirements on minimum
line 5 lot size.
line 6 (f) (1) Fees charged for the construction of accessory dwelling
line 7 units shall be determined in accordance with Chapter 5
line 8 (commencing with Section 66000) and Chapter 7 (commencing
line 9 with Section 66012).
line 10 (2) Accessory An accessory dwelling units unit shall not be
line 11 considered by a local agency, special district, or water corporation
line 12 to be a new residential use for the purposes of calculating
line 13 connection fees or capacity charges for utilities, including water
line 14 and sewer service. service, unless the accessory dwelling unit was
line 15 constructed with a new single-family dwelling.
line 16 (3) (A) A local agency, special district, or water corporation
line 17 shall not impose any impact fee upon the development of an
line 18 accessory dwelling unit less than 750 square feet. Any impact fees
line 19 charged for an accessory dwelling unit of 750 square feet or more
line 20 shall be charged proportionately in relation to the square footage
line 21 of the primary dwelling unit.
line 22 (B) For purposes of this paragraph, “impact fee” has the same
line 23 meaning as the term “fee” is defined in subdivision (b) of Section
line 24 66000, except that it also includes fees specified in Section 66477.
line 25 “Impact fee” does not include any connection fee or capacity
line 26 charge charged by a local agency, special district, or water
line 27 corporation.
line 28 (A)
line 29 (4) For an accessory dwelling unit described in subparagraph
line 30 (A) of paragraph (1) of subdivision (e), a local agency, special
line 31 district, or water corporation shall not require the applicant to
line 32 install a new or separate utility connection directly between the
line 33 accessory dwelling unit and the utility or impose a related
line 34 connection fee or capacity charge. charge, unless the accessory
line 35 dwelling unit was constructed with a new single-family dwelling.
line 36 (B)
line 37 (5) For an accessory dwelling unit that is not described in
line 38 subparagraph (A) of paragraph (1) of subdivision (e), a local
line 39 agency, special district, or water corporation may require a new
line 40 or separate utility connection directly between the accessory
90
— 46 — SB 13 A-46
line 1 dwelling unit and the utility. Consistent with Section 66013, the
line 2 connection may be subject to a connection fee or capacity charge
line 3 that shall be proportionate to the burden of the proposed accessory
line 4 dwelling unit, based upon either its size square feet or the number
line 5 of its plumbing fixtures, drainage fixture unit (DFU) values, as
line 6 defined in the Uniform Plumbing Code adopted and published by
line 7 the International Association of Plumbing and Mechanical
line 8 Officials, upon the water or sewer system. This fee or charge shall
line 9 not exceed the reasonable cost of providing this service.
line 10 (g) This section does not limit the authority of local agencies
line 11 to adopt less restrictive requirements for the creation of an
line 12 accessory dwelling unit.
line 13 (h) Local agencies (1) A local agency shall submit a copy of
line 14 the ordinance adopted pursuant to subdivision (a) to the Department
line 15 of Housing and Community Development within 60 days after
line 16 adoption. The department may review and comment on this
line 17 submitted ordinance. After adoption of an ordinance, the
line 18 department may submit written findings to the local agency as to
line 19 whether the ordinance complies with the section.
line 20 (2) (A) If the department finds that the local agency’s ordinance
line 21 does not comply with this section, the department shall notify the
line 22 local agency and shall provide the local agency with a reasonable
line 23 time, no longer than 30 days, to respond to the findings before
line 24 taking any other action authorized by this section.
line 25 (B) The local agency shall consider the findings made by the
line 26 department pursuant to subparagraph (A) and shall do one of the
line 27 following:
line 28 (i) Amend the ordinance to comply with this section.
line 29 (ii) Adopt the ordinance without changes. The local agency
line 30 shall include findings in its resolution adopting the ordinance that
line 31 explain the reasons the local agency believes that the ordinance
line 32 complies with this section despite the findings of the department.
line 33 (3) (A) If the local agency does not amend its ordinance in
line 34 response to the department’s findings or does not adopt a
line 35 resolution with findings explaining the reason the ordinance
line 36 complies with this section and addressing the department’s
line 37 findings, the department shall notify the local agency and may
line 38 notify the Attorney General that the local agency is in violation of
line 39 state law.
90
SB 13 — 47 — A-47
line 1 (B) Before notifying the Attorney General that the local agency
line 2 is in violation of state law, the department may consider whether
line 3 a local agency adopted an ordinance in compliance with this
line 4 section between January 1, 2017, and January 1, 2020.
line 5 (i) The department may review, adopt, amend, or repeal
line 6 guidelines to implement uniform standards or criteria that
line 7 supplement or clarify the terms, references, and standards set forth
line 8 in this section. The guidelines adopted pursuant to this subdivision
line 9 are not subject to Chapter 3.5 (commencing with Section 11340)
line 10 of Part 1 of Division 3 of Title 2.
line 11 (i)
line 12 (j) As used in this section, the following terms mean:
line 13 (1) “Accessory dwelling unit” means an attached or a detached
line 14 residential dwelling unit that provides complete independent living
line 15 facilities for one or more persons. It shall include permanent
line 16 provisions for living, sleeping, eating, cooking, and sanitation on
line 17 the same parcel as the single-family or multifamily dwelling is or
line 18 will be situated. An accessory dwelling unit also includes the
line 19 following:
line 20 (A) An efficiency unit.
line 21 (B) A manufactured home, as defined in Section 18007 of the
line 22 Health and Safety Code.
line 23 (2) “Accessory structure” means a structure that is accessory
line 24 and incidental to a dwelling located on the same lot.
line 25 (3) “Efficiency unit” has the same meaning as defined in Section
line 26 17958.1 of the Health and Safety Code.
line 27 (1)
line 28 (4) “Living area” means the interior habitable area of a dwelling
line 29 unit unit, including basements and attics attics, but does not include
line 30 a garage or any accessory structure.
line 31 (2)
line 32 (5) “Local agency” means a city, county, or city and county,
line 33 whether general law or chartered.
line 34 (3) For purposes of this section, “neighborhood”
line 35 (6) “Neighborhood” has the same meaning as set forth in
line 36 Section 65589.5.
line 37 (4) “Accessory dwelling unit” means an attached or a detached
line 38 residential dwelling unit which provides complete independent
line 39 living facilities for one or more persons. It shall include permanent
line 40 provisions for living, sleeping, eating, cooking, and sanitation on
90
— 48 — SB 13 A-48
line 1 the same parcel as the single-family dwelling is situated. An
line 2 accessory dwelling unit also includes the following:
line 3 (A) An efficiency unit, as defined in Section 17958.1 of the
line 4 Health and Safety Code.
line 5 (B) A manufactured home, as defined in Section 18007 of the
line 6 Health and Safety Code.
line 7 (7) “Nonconforming zoning condition” means a physical
line 8 improvement on a property that does not conform with current
line 9 zoning standards.
line 10 (5)
line 11 (8) “Passageway” means a pathway that is unobstructed clear
line 12 to the sky and extends from a street to one entrance of the accessory
line 13 dwelling unit.
line 14 (9) “Proposed dwelling” means a dwelling that is the subject
line 15 of a permit application and that meets the requirements for
line 16 permitting.
line 17 (10) “Public transit” means a location, including, but not
line 18 limited to, a bus stop or train station, where the public may access
line 19 buses, trains, subways, and other forms of transportation that
line 20 charge set fares, run on fixed routes, and are available to the
line 21 public.
line 22 (6)
line 23 (11) “Tandem parking” means that two or more automobiles
line 24 are parked on a driveway or in any other location on a lot, lined
line 25 up behind one another.
line 26 (k) A local agency shall not issue a certificate of occupancy for
line 27 an accessory dwelling unit before the local agency issues a
line 28 certificate of occupancy for the primary dwelling.
line 29 (j)
line 30 (l) Nothing in this section shall be construed to supersede or in
line 31 any way alter or lessen the effect or application of the California
line 32 Coastal Act of 1976 (Division 20 (commencing with Section
line 33 30000) of the Public Resources Code), except that the local
line 34 government shall not be required to hold public hearings for coastal
line 35 development permit applications for accessory dwelling units.
line 36 (m) A local agency may count an accessory dwelling unit for
line 37 purposes of identifying adequate sites for housing, as specified in
line 38 subdivision (a) of Section 65583.1, subject to authorization by the
line 39 department and compliance with this division.
90
SB 13 — 49 — A-49
line 1 (n) In enforcing building standards pursuant to Article 1
line 2 (commencing with Section 17960) of Chapter 5 of Part 1.5 of
line 3 Division 13 of the Health and Safety Code for an accessory
line 4 dwelling unit described in paragraph (1) or (2) below, a local
line 5 agency, upon request of an owner of an accessory dwelling unit
line 6 for a delay in enforcement, shall delay enforcement of a building
line 7 standard, subject to compliance with Section 17980.12 of the
line 8 Health and Safety Code:
line 9 (1) The accessory dwelling unit was built before January 1,
line 10 2020.
line 11 (2) The accessory dwelling unit was built on or after January
line 12 1, 2020, in a local jurisdiction that, at the time the accessory
line 13 dwelling unit was built, had a noncompliant accessory dwelling
line 14 unit ordinance, but the ordinance is compliant at the time the
line 15 request is made.
line 16 (o) This section shall remain in effect only until January 1, 2025,
line 17 and as of that date is repealed.
line 18 SEC. 2. Section 65852.2 is added to the Government Code, to
line 19 read:
line 20 65852.2. (a) (1) A local agency may, by ordinance, provide
line 21 for the creation of accessory dwelling units in areas zoned to allow
line 22 single-family or multifamily dwelling residential use. The
line 23 ordinance shall do all of the following:
line 24 (A) Designate areas within the jurisdiction of the local agency
line 25 where accessory dwelling units may be permitted. The designation
line 26 of areas may be based on criteria that may include, but are not
line 27 limited to, the adequacy of water and sewer services and the impact
line 28 of accessory dwelling units on traffic flow and public safety.
line 29 (B) (i) Impose standards on accessory dwelling units that
line 30 include, but are not limited to, parking, height, setback, lot
line 31 coverage, landscape, architectural review, maximum size of a unit,
line 32 and standards that prevent adverse impacts on any real property
line 33 that is listed in the California Register of Historic Resources.
line 34 (ii) Notwithstanding clause (i), a local agency may reduce or
line 35 eliminate parking requirements for any accessory dwelling unit
line 36 located within its jurisdiction.
line 37 (C) Provide that accessory dwelling units do not exceed the
line 38 allowable density for the lot upon which the accessory dwelling
line 39 unit is located, and that accessory dwelling units are a residential
90
— 50 — SB 13 A-50
line 1 use that is consistent with the existing general plan and zoning
line 2 designation for the lot.
line 3 (D) Require the accessory dwelling units to comply with all of
line 4 the following:
line 5 (i) The accessory dwelling unit may be rented separate from
line 6 the primary residence, but may not be sold or otherwise conveyed
line 7 separate from the primary residence.
line 8 (ii) The lot is zoned to allow single-family or multifamily
line 9 dwelling residential use and includes a proposed or existing
line 10 dwelling.
line 11 (iii) The accessory dwelling unit is either attached to, or located
line 12 within, the proposed or existing primary dwelling, including
line 13 attached garages, storage areas or similar uses, or an accessory
line 14 structure or detached from the proposed or existing primary
line 15 dwelling and located on the same lot as the proposed or existing
line 16 primary dwelling.
line 17 (iv) The total floor area of an attached accessory dwelling unit
line 18 shall not exceed 50 percent of the proposed or existing primary
line 19 dwelling living area or 1,200 square feet.
line 20 (v) The total floor area for a detached accessory dwelling unit
line 21 shall not exceed 1,200 square feet.
line 22 (vi) No passageway shall be required in conjunction with the
line 23 construction of an accessory dwelling unit.
line 24 (vii) No setback shall be required for an existing garage that is
line 25 converted to an accessory dwelling unit or to a portion of an
line 26 accessory dwelling unit, and a setback of no more than five feet
line 27 from the side and rear lot lines shall be required for an accessory
line 28 dwelling unit that is constructed above a garage.
line 29 (viii) Local building code requirements that apply to detached
line 30 dwellings, as appropriate.
line 31 (ix) Approval by the local health officer where a private sewage
line 32 disposal system is being used, if required.
line 33 (x) (I) Parking requirements for accessory dwelling units shall
line 34 not exceed one parking space per accessory dwelling unit or per
line 35 bedroom, whichever is less. These spaces may be provided as
line 36 tandem parking on a driveway.
line 37 (II) Offstreet parking shall be permitted in setback areas in
line 38 locations determined by the local agency or through tandem
line 39 parking, unless specific findings are made that parking in setback
90
SB 13 — 51 — A-51
line 1 areas or tandem parking is not feasible based upon specific site or
line 2 regional topographical or fire and life safety conditions.
line 3 (III) This clause shall not apply to an accessory dwelling unit
line 4 that is described in subdivision (d).
line 5 (xi) When a garage, carport, or covered parking structure is
line 6 demolished in conjunction with the construction of an accessory
line 7 dwelling unit or converted to an accessory dwelling unit, a the
line 8 local agency shall not require that those offstreet offstreet parking
line 9 spaces be replaced.
line 10 (xii) Accessory dwelling units shall not be required to provide
line 11 fire sprinklers if they are not required for the primary residence.
line 12 (2) The ordinance shall not be considered in the application of
line 13 any local ordinance, policy, or program to limit residential growth.
line 14 (3) A permit application for an accessory dwelling unit shall be
line 15 considered and approved ministerially without discretionary review
line 16 or a hearing, notwithstanding Section 65901 or 65906 or any local
line 17 ordinance regulating the issuance of variances or special use
line 18 permits, within 60 days after receiving the completed application.
line 19 permits. The permitting agency shall act on the application to
line 20 create an accessory dwelling unit or a junior accessory dwelling
line 21 unit within 60 days from the date the local agency receives a
line 22 completed application. If the local agency has not acted upon the
line 23 completed application within 60 days, the application shall be
line 24 deemed approved. A local agency may charge a fee to reimburse
line 25 it for costs incurred to implement this paragraph, including the
line 26 costs of adopting or amending any ordinance that provides for the
line 27 creation of an accessory dwelling unit.
line 28 (4) An existing ordinance governing the creation of an accessory
line 29 dwelling unit by a local agency or an accessory dwelling ordinance
line 30 adopted by a local agency shall provide an approval process that
line 31 includes only ministerial provisions for the approval of accessory
line 32 dwelling units and shall not include any discretionary processes,
line 33 provisions, or requirements for those units, except as otherwise
line 34 provided in this subdivision. In the event that a local agency has
line 35 an existing accessory dwelling unit ordinance that fails to meet
line 36 the requirements of this subdivision, that ordinance shall be null
line 37 and void and that agency shall thereafter apply the standards
line 38 established in this subdivision for the approval of accessory
line 39 dwelling units, unless and until the agency adopts an ordinance
line 40 that complies with this section.
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— 52 — SB 13 A-52
line 1 (5) No other local ordinance, policy, or regulation shall be the
line 2 basis for the delay or denial of a building permit or a use permit
line 3 under this subdivision.
line 4 (6) (A) This subdivision establishes the maximum standards
line 5 that local agencies shall use to evaluate a proposed accessory
line 6 dwelling unit on a lot that includes a proposed or existing
line 7 single-family dwelling. No additional standards, other than those
line 8 provided in this subdivision, shall be utilized or imposed, except
line 9 that that, subject to subparagraph (B), a local agency may require
line 10 an applicant for a permit issued pursuant to this subdivision to be
line 11 an owner-occupant or that the property be used for rentals of terms
line 12 longer than 30 days.
line 13 (B) Notwithstanding subparagraph (A), a local agency shall
line 14 not impose an owner-occupant requirement on an accessory
line 15 dwelling unit permitted between January 1, 2020 to January 1,
line 16 2025, during which time the local agency was prohibited from
line 17 imposing an owner-occupant requirement.
line 18 (7) A local agency may amend its zoning ordinance or general
line 19 plan to incorporate the policies, procedures, or other provisions
line 20 applicable to the creation of an accessory dwelling unit if these
line 21 provisions are consistent with the limitations of this subdivision.
line 22 (8) An accessory dwelling unit that conforms to this subdivision
line 23 shall be deemed to be an accessory use or an accessory building
line 24 and shall not be considered to exceed the allowable density for the
line 25 lot upon which it is located, and shall be deemed to be a residential
line 26 use that is consistent with the existing general plan and zoning
line 27 designations for the lot. The accessory dwelling unit shall not be
line 28 considered in the application of any local ordinance, policy, or
line 29 program to limit residential growth.
line 30 (b) When a local agency that has not adopted an ordinance
line 31 governing accessory dwelling units in accordance with subdivision
line 32 (a) receives an application for a permit to create an accessory
line 33 dwelling unit pursuant to this subdivision, the local agency shall
line 34 approve or disapprove the application ministerially without
line 35 discretionary review pursuant to subdivision (a) within 60 days
line 36 after receiving the completed application. (a). The permitting
line 37 agency shall act on the application to create an accessory dwelling
line 38 unit within 60 days from the date the local agency receives a
line 39 completed application. If the local agency has not acted upon the
90
SB 13 — 53 — A-53
line 1 completed application within 60 days, the application shall be
line 2 deemed approved.
line 3 (c) (1) A local agency shall not establish by ordinance a
line 4 minimum square footage requirement for either an attached or
line 5 detached accessory dwelling unit that prohibits an efficiency unit.
line 6 (2) A local agency shall not establish by ordinance a maximum
line 7 square footage requirement for either an attached or detached
line 8 accessory dwelling unit that is less than either of the following:
line 9 (A) 850 square feet.
line 10 (B) 1,000 square feet for an accessory dwelling unit that
line 11 provides more than one bedroom.
line 12 (c) (1) Subject to paragraph (2), a local agency may establish
line 13 minimum and maximum unit size requirements for both attached
line 14 and detached accessory dwelling units.
line 15 (2) Notwithstanding paragraph (1), a local agency shall not
line 16 establish by ordinance any of the following:
line 17 (A) A minimum square footage requirement for either an
line 18 attached or detached accessory dwelling unit that prohibits an
line 19 efficiency unit.
line 20 (B) A maximum square footage requirement for either an
line 21 attached or detached accessory dwelling unit that is less than
line 22 either of the following:
line 23 (i) 850 square feet.
line 24 (ii) 1,000 square feet for an accessory dwelling unit that
line 25 provides more than one bedroom.
line 26 (C) Any other minimum or maximum size for an accessory
line 27 dwelling unit, size based upon a percentage of the proposed or
line 28 existing primary dwelling, or limits on lot coverage, floor area
line 29 ratio, open space, and minimum lot size, for either attached or
line 30 detached dwellings that does not permit at least an 800 square
line 31 foot accessory dwelling unit that is at least 16 feet in height with
line 32 four-foot side and rear yard setbacks to be constructed in
line 33 compliance with all other local development standards.
line 34 (d) Notwithstanding any other law, a local agency, whether or
line 35 not it has adopted an ordinance governing accessory dwelling units
line 36 in accordance with subdivision (a), shall not impose parking
line 37 standards for an accessory dwelling unit in any of the following
line 38 instances:
line 39 (1) The accessory dwelling unit is located within a traversable
line 40 distance of one-half mile walking distance of public transit.
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— 54 — SB 13 A-54
line 1 (2) The accessory dwelling unit is located within an
line 2 architecturally and historically significant historic district.
line 3 (3) The accessory dwelling unit is part of the proposed or
line 4 existing primary residence or an accessory structure.
line 5 (4) When on-street parking permits are required but not offered
line 6 to the occupant of the accessory dwelling unit.
line 7 (5) When there is a car share vehicle located within one block
line 8 of the accessory dwelling unit.
line 9 (e) Notwithstanding subdivisions (a) to (d), inclusive, a local
line 10 agency shall ministerially approve an application for a building
line 11 permit to create one accessory dwelling unit per lot if the unit is
line 12 contained within the existing space of a single-family residence
line 13 or accessory structure, has independent exterior access from the
line 14 existing residence, and the side and rear setbacks are sufficient for
line 15 fire safety. Accessory dwelling units shall not be required to
line 16 provide fire sprinklers if they are not required for the primary
line 17 residence. A city may require owner occupancy for either the
line 18 primary or the accessory dwelling unit created through this process.
line 19 (f) (1) Fees charged for the construction of accessory dwelling
line 20 units shall be determined in accordance with Chapter 5
line 21 (commencing with Section 66000) and Chapter 7 (commencing
line 22 with Section 66012).
line 23 (2) An accessory dwelling unit shall not be considered by a
line 24 local agency, special district, or water corporation to be a new
line 25 residential use for the purposes of calculating connection fees or
line 26 capacity charges for utilities, including water and sewer service.
line 27 (3) (A) A local agency, special district, or water corporation
line 28 shall not impose any impact fee upon the development of an
line 29 accessory dwelling unit less than 750 square feet. Any impact fees
line 30 charged for an accessory dwelling unit of 750 square feet or more
line 31 shall be charged proportionately in relation to the square footage
line 32 of the primary dwelling unit.
line 33 (B) For purposes of this paragraph, “impact fee” has the same
line 34 meaning as the term “fee” is defined in subdivision (b) of Section
line 35 66000, except that it also includes fees specified in Section 66477.
line 36 “Impact fee” does not include any connection fee or capacity
line 37 charge charged by a local agency, special district, or water
line 38 corporation.
line 39 (4) For an accessory dwelling unit described in subdivision (e),
line 40 a local agency, special district, or water corporation shall not
90
SB 13 — 55 — A-55
line 1 require the applicant to install a new or separate utility connection
line 2 directly between the accessory dwelling unit and the utility or
line 3 impose a related connection fee or capacity charge.
line 4 (5) For an accessory dwelling unit that is not described in
line 5 subdivision (e), a local agency, special district, or water corporation
line 6 may require a new or separate utility connection directly between
line 7 the accessory dwelling unit and the utility. Consistent with Section
line 8 66013, the connection may be subject to a connection fee or
line 9 capacity charge that shall be proportionate to the burden of the
line 10 proposed accessory dwelling unit, based upon either its square feet
line 11 or the number of its drainage fixture unit (DFU) values, as defined
line 12 in the Uniform Plumbing Code adopted and published by the
line 13 International Association of Plumbing and Mechanical Officials
line 14 Officials, upon the water or sewer system. This fee or charge shall
line 15 not exceed the reasonable cost of providing this service.
line 16 (g) This section does not limit the authority of local agencies
line 17 to adopt less restrictive requirements for the creation of an
line 18 accessory dwelling unit.
line 19 (h) (1) A local agency shall submit a copy of the ordinance
line 20 adopted pursuant to subdivision (a) to the Department of Housing
line 21 and Community Development within 60 days after adoption. After
line 22 adoption of an ordinance, the department may submit written
line 23 findings to the local agency as to whether the ordinance complies
line 24 with the section.
line 25 (2) (A) If the department finds that the local agency’s ordinance
line 26 does not comply with this section, the department shall notify the
line 27 local agency and may notify the office of the Attorney General
line 28 that the local agency is in violation of state law. and shall provide
line 29 the local agency with a reasonable time, no longer than 30 days,
line 30 to respond to the findings before taking any other action authorized
line 31 by this section.
line 32 (3)
line 33 (B) The local agency shall consider findings made by the
line 34 department pursuant to paragraph (2) subparagraph (A) and may
line 35 change shall do either one of the following:
line 36 (i) Amend the ordinance to comply with this section or adopt
line 37 section.
line 38 (ii) Adopt the ordinance without changes. The local agency shall
line 39 include findings in its resolution adopting the ordinance that
90
— 56 — SB 13 A-56
line 1 explain the reasons the local agency believes that the ordinance
line 2 complies with this section despite the findings of the department.
line 3 (3) (A) If the local agency does not amend its ordinance in
line 4 response to the department’s findings or does not adopt a
line 5 resolution with findings explaining the reason the ordinance
line 6 complies with this section and addressing the department’s
line 7 findings, the department shall notify the local agency and may
line 8 notify the Attorney General that the local agency is in violation of
line 9 state law.
line 10 (B) Before notifying the Attorney General that the local agency
line 11 is in violation of state law, the department may consider whether
line 12 a local agency adopted an ordinance in compliance with this
line 13 section between January 1, 2017, and January 1, 2020.
line 14 (i) The department may review, adopt, amend, or repeal
line 15 guidelines to implement uniform standards or criteria that
line 16 supplement or clarify the terms, references, and standards set forth
line 17 in this section. The guidelines adopted pursuant to this subdivision
line 18 are not subject to Chapter 3.5 (commencing with Section 11340)
line 19 of Part 1 of Division 3 of Title 2.
line 20 (j) As used in this section, the following terms mean:
line 21 (1) “Accessory dwelling unit” means an attached or a detached
line 22 residential dwelling unit which provides complete independent
line 23 living facilities for one or more persons. It shall include permanent
line 24 provisions for living, sleeping, eating, cooking, and sanitation on
line 25 the same parcel as the single-family dwelling is situated. An
line 26 accessory dwelling unit also includes the following:
line 27 (A) An efficiency unit.
line 28 (B) A manufactured home, as defined in Section 18007 of the
line 29 Health and Safety Code.
line 30 (1)
line 31 (2) “Accessory structure” means a structure that is accessory
line 32 and incidental to a dwelling located on the same lot.
line 33 (2)
line 34 (3) “Efficiency unit” has the same meaning as defined in Section
line 35 17958.1 of the Health and Safety Code.
line 36 (3)
line 37 (4) “Living area” means the interior habitable area of a dwelling
line 38 unit, including basements and attics, but does not include a garage
line 39 or any accessory structure.
line 40 (4)
90
SB 13 — 57 — A-57
line 1 (5) “Local agency” means a city, county, or city and county,
line 2 whether general law or chartered.
line 3 (5)
line 4 (6) “Neighborhood” has the same meaning as set forth in Section
line 5 65589.5.
line 6 (6) “Accessory dwelling unit” means an attached or a detached
line 7 residential dwelling unit which provides complete independent
line 8 living facilities for one or more persons. It shall include permanent
line 9 provisions for living, sleeping, eating, cooking, and sanitation on
line 10 the same parcel as the single-family dwelling is situated. An
line 11 accessory dwelling unit also includes the following:
line 12 (A) An efficiency unit.
line 13 (B) A manufactured home, as defined in Section 18007 of the
line 14 Health and Safety Code.
line 15 (7) “Passageway” means a pathway that is unobstructed clear
line 16 to the sky and extends from a street to one entrance of the accessory
line 17 dwelling unit.
line 18 (8) “Public transit” means a location, including, but not limited
line 19 to, a bus stop or train station, where the public may access buses,
line 20 trains, subways, and other forms of transportation that charge set
line 21 fares, run on fixed routes, and are available to the public.
line 22 (9) “Tandem parking” means that two or more automobiles are
line 23 parked on a driveway or in any other location on a lot, lined up
line 24 behind one another.
line 25 (k) Nothing in this section shall be construed to supersede or in
line 26 any way alter or lessen the effect or application of the California
line 27 Coastal Act of 1976 (Division 20 (commencing with Section
line 28 30000) of the Public Resources Code), except that the local
line 29 government shall not be required to hold public hearings for coastal
line 30 development permit applications for accessory dwelling units.
line 31 (l) A local agency may count an accessory dwelling unit for
line 32 purposes of identifying adequate sites for housing, as specified in
line 33 subdivision (a) of Section 65583.1, subject to authorization by the
line 34 department and compliance with this division.
line 35 (m) In enforcing building standards pursuant to Article 1
line 36 (commencing with Section 17960) of Chapter 5 of Part 1.5 of
line 37 Division 13 of the Health and Safety Code for an accessory
line 38 dwelling unit described in paragraph (1) or (2), a local agency,
line 39 upon request of an owner of an accessory dwelling unit for a delay
line 40 in enforcement, shall delay enforcement of a building standard,
90
— 58 — SB 13 A-58
line 1 subject to compliance with Section 17980.12 of the Health and
line 2 Safety Code:
line 3 (1) The accessory dwelling unit was built before January 1,
line 4 2020.
line 5 (2) The accessory dwelling unit was built on or after January
line 6 1, 2020, in a local jurisdiction that, at the time the accessory
line 7 dwelling unit was built, had a noncompliant accessory dwelling
line 8 unit ordinance, but the ordinance is compliant at the time the
line 9 request is made.
line 10 (n) This section shall become operative on January 1, 2025.
line 11 SEC. 2.1. Section 65852.2 is added to the Government Code,
line 12 to read:
line 13 65852.2. (a) (1) A local agency may, by ordinance, provide
line 14 for the creation of accessory dwelling units in areas zoned to allow
line 15 single-family or multifamily dwelling residential use. The ordinance
line 16 shall do all of the following:
line 17 (A) Designate areas within the jurisdiction of the local agency
line 18 where accessory dwelling units may be permitted. The designation
line 19 of areas may be based on criteria that may include, but are not
line 20 limited to, the adequacy of water and sewer services and the impact
line 21 of accessory dwelling units on traffic flow and public safety.
line 22 (B) (i) Impose standards on accessory dwelling units that
line 23 include, but are not limited to, parking, height, setback, landscape,
line 24 architectural review, maximum size of a unit, and standards that
line 25 prevent adverse impacts on any real property that is listed in the
line 26 California Register of Historic Resources. These standards shall
line 27 not include requirements on minimum lot size.
line 28 (ii) Notwithstanding clause (i), a local agency may reduce or
line 29 eliminate parking requirements for any accessory dwelling unit
line 30 located within its jurisdiction.
line 31 (C) Provide that accessory dwelling units do not exceed the
line 32 allowable density for the lot upon which the accessory dwelling
line 33 unit is located, and that accessory dwelling units are a residential
line 34 use that is consistent with the existing general plan and zoning
line 35 designation for the lot.
line 36 (D) Require the accessory dwelling units to comply with all of
line 37 the following:
line 38 (i) The accessory dwelling unit may be rented separate from
line 39 the primary residence, but may not be sold or otherwise conveyed
line 40 separate from the primary residence.
90
SB 13 — 59 — A-59
line 1 (ii) The lot is zoned to allow single-family or multifamily
line 2 dwelling residential use and includes a proposed or existing
line 3 dwelling.
line 4 (iii) The accessory dwelling unit is either attached to, or located
line 5 within, the proposed or existing primary dwelling, including
line 6 attached garages, storage areas or similar uses, or an accessory
line 7 structure or detached from the proposed or existing primary
line 8 dwelling and located on the same lot as the proposed or existing
line 9 primary dwelling.
line 10 (iv) If there is an existing primary dwelling, the total floor area
line 11 of an attached accessory dwelling unit shall not exceed 50 percent
line 12 of the existing primary dwelling.
line 13 (v) The total floor area for a detached accessory dwelling unit
line 14 shall not exceed 1,200 square feet.
line 15 (vi) No passageway shall be required in conjunction with the
line 16 construction of an accessory dwelling unit.
line 17 (vii) No setback shall be required for an existing living area or
line 18 accessory structure or a structure constructed in the same location
line 19 and to the same dimensions as an existing structure that is
line 20 converted to an accessory dwelling unit or to a portion of an
line 21 accessory dwelling unit, and a setback of no more than four feet
line 22 from the side and rear lot lines shall be required for an accessory
line 23 dwelling unit that is not converted from an existing structure or a
line 24 new structure constructed in the same location and to the same
line 25 dimensions as an existing structure.
line 26 (viii) Local building code requirements that apply to detached
line 27 dwellings, as appropriate.
line 28 (ix) Approval by the local health officer where a private sewage
line 29 disposal system is being used, if required.
line 30 (x) (I) Parking requirements for accessory dwelling units shall
line 31 not exceed one parking space per accessory dwelling unit or per
line 32 bedroom, whichever is less. These spaces may be provided as
line 33 tandem parking on a driveway.
line 34 (II) Offstreet parking shall be permitted in setback areas in
line 35 locations determined by the local agency or through tandem
line 36 parking, unless specific findings are made that parking in setback
line 37 areas or tandem parking is not feasible based upon specific site
line 38 or regional topographical or fire and life safety conditions.
line 39 (III) This clause shall not apply to an accessory dwelling unit
line 40 that is described in subdivision (d).
90
— 60 — SB 13 A-60
line 1 (xi) When a garage, carport, or covered parking structure is
line 2 demolished in conjunction with the construction of an accessory
line 3 dwelling unit or converted to an accessory dwelling unit, the local
line 4 agency shall not require that those offstreet parking spaces be
line 5 replaced.
line 6 (xii) Accessory dwelling units shall not be required to provide
line 7 fire sprinklers if they are not required for the primary residence.
line 8 (2) The ordinance shall not be considered in the application of
line 9 any local ordinance, policy, or program to limit residential growth.
line 10 (3) A permit application for an accessory dwelling unit or a
line 11 junior accessory dwelling unit shall be considered and approved
line 12 ministerially without discretionary review or a hearing,
line 13 notwithstanding Section 65901 or 65906 or any local ordinance
line 14 regulating the issuance of variances or special use permits. The
line 15 permitting agency shall act on the application to create an
line 16 accessory dwelling unit or a junior accessory dwelling unit within
line 17 60 days from the date the local agency receives a completed
line 18 application if there is an existing single-family or multifamily
line 19 dwelling on the lot. If the permit application to create an accessory
line 20 dwelling unit or a junior accessory dwelling unit is submitted with
line 21 a permit application to create a new single-family dwelling on the
line 22 lot, the permitting agency may delay acting on the permit
line 23 application for the accessory dwelling unit or the junior accessory
line 24 dwelling unit until the permitting agency acts on the permit
line 25 application to create the new single-family dwelling, but the
line 26 application to create the accessory dwelling unit or junior
line 27 accessory dwelling unit shall be considered without discretionary
line 28 review or hearing. If the applicant requests a delay, the 60-day
line 29 time period shall be tolled for the period of the delay. A local
line 30 agency may charge a fee to reimburse it for costs incurred to
line 31 implement this paragraph, including the costs of adopting or
line 32 amending any ordinance that provides for the creation of an
line 33 accessory dwelling unit.
line 34 (4) An existing ordinance governing the creation of an accessory
line 35 dwelling unit by a local agency or an accessory dwelling ordinance
line 36 adopted by a local agency shall provide an approval process that
line 37 includes only ministerial provisions for the approval of accessory
line 38 dwelling units and shall not include any discretionary processes,
line 39 provisions, or requirements for those units, except as otherwise
line 40 provided in this subdivision. If a local agency has an existing
90
SB 13 — 61 — A-61
line 1 accessory dwelling unit ordinance that fails to meet the
line 2 requirements of this subdivision, that ordinance shall be null and
line 3 void and that agency shall thereafter apply the standards
line 4 established in this subdivision for the approval of accessory
line 5 dwelling units, unless and until the agency adopts an ordinance
line 6 that complies with this section.
line 7 (5) No other local ordinance, policy, or regulation shall be the
line 8 basis for the delay or denial of a building permit or a use permit
line 9 under this subdivision.
line 10 (6) (A) This subdivision establishes the maximum standards
line 11 that local agencies shall use to evaluate a proposed accessory
line 12 dwelling unit on a lot that includes a proposed or existing
line 13 single-family dwelling. No additional standards, other than those
line 14 provided in this subdivision, shall be used or imposed except that,
line 15 subject to subparagraph (B), a local agency may require an
line 16 applicant for a permit issued pursuant to this subdivision to be an
line 17 owner-occupant or that the property be used for rentals of terms
line 18 longer than 30 days.
line 19 (B) Notwithstanding subparagraph (A), a local agency shall
line 20 not impose an owner-occupant requirement on an accessory
line 21 dwelling unit permitted between January 1, 2020 to January 1,
line 22 2025, during which time the local agency was prohibited from
line 23 imposing an owner-occupant requirement.
line 24 (7) A local agency may amend its zoning ordinance or general
line 25 plan to incorporate the policies, procedures, or other provisions
line 26 applicable to the creation of an accessory dwelling unit if these
line 27 provisions are consistent with the limitations of this subdivision.
line 28 (8) An accessory dwelling unit that conforms to this subdivision
line 29 shall be deemed to be an accessory use or an accessory building
line 30 and shall not be considered to exceed the allowable density for
line 31 the lot upon which it is located, and shall be deemed to be a
line 32 residential use that is consistent with the existing general plan and
line 33 zoning designations for the lot. The accessory dwelling unit shall
line 34 not be considered in the application of any local ordinance, policy,
line 35 or program to limit residential growth.
line 36 (b) When a local agency that has not adopted an ordinance
line 37 governing accessory dwelling units in accordance with subdivision
line 38 (a) receives an application for a permit to create an accessory
line 39 dwelling unit pursuant to this subdivision, the local agency shall
line 40 approve or disapprove the application ministerially without
90
— 62 — SB 13 A-62
line 1 discretionary review pursuant to subdivision (a). The permitting
line 2 agency shall act on the application to create an accessory dwelling
line 3 unit or a junior accessory dwelling unit within 60 days from the
line 4 date the local agency receives a completed application if there is
line 5 an existing single-family or multifamily dwelling on the lot. If the
line 6 permit application to create an accessory dwelling unit or a junior
line 7 accessory dwelling unit is submitted with a permit application to
line 8 create a new single-family dwelling on the lot, the permitting
line 9 agency may delay acting on the permit application for the
line 10 accessory dwelling unit or the junior accessory dwelling unit until
line 11 the permitting agency acts on the permit application to create the
line 12 new single-family dwelling, but the application to create the
line 13 accessory dwelling unit or junior accessory dwelling unit shall
line 14 still be considered ministerially without discretionary review or
line 15 a hearing. If the applicant requests a delay, the 60-day time period
line 16 shall be tolled for the period of the delay. If the local agency has
line 17 not acted upon the completed application within 60 days, the
line 18 application shall be deemed approved.
line 19 (c) (1) Subject to paragraph (2), a local agency may establish
line 20 minimum and maximum unit size requirements for both attached
line 21 and detached accessory dwelling units.
line 22 (2) Notwithstanding paragraph (1), a local agency shall not
line 23 establish by ordinance any of the following:
line 24 (A) A minimum square footage requirement for either an
line 25 attached or detached accessory dwelling unit that prohibits an
line 26 efficiency unit.
line 27 (B) A maximum square footage requirement for either an
line 28 attached or detached accessory dwelling unit that is less than
line 29 either of the following:
line 30 (i) 850 square feet.
line 31 (ii) 1,000 square feet for an accessory dwelling unit that
line 32 provides more than one bedroom.
line 33 (C) Any other minimum or maximum size for an accessory
line 34 dwelling unit, size based upon a percentage of the proposed or
line 35 existing primary dwelling, or limits on lot coverage, floor area
line 36 ratio, open space, and minimum lot size, for either attached or
line 37 detached dwellings that does not permit at least an 800 square
line 38 foot accessory dwelling unit that is at least 16 feet in height with
line 39 four-foot side and rear yard setbacks to be constructed in
line 40 compliance with all other local development standards.
90
SB 13 — 63 — A-63
line 1 (d) Notwithstanding any other law, a local agency, whether or
line 2 not it has adopted an ordinance governing accessory dwelling
line 3 units in accordance with subdivision (a), shall not impose parking
line 4 standards for an accessory dwelling unit in any of the following
line 5 instances:
line 6 (1) The accessory dwelling unit is located within one-half mile
line 7 walking distance of public transit.
line 8 (2) The accessory dwelling unit is located within an
line 9 architecturally and historically significant historic district.
line 10 (3) The accessory dwelling unit is part of the proposed or
line 11 existing primary residence or an accessory structure.
line 12 (4) When on-street parking permits are required but not offered
line 13 to the occupant of the accessory dwelling unit.
line 14 (5) When there is a car share vehicle located within one block
line 15 of the accessory dwelling unit.
line 16 (e) (1) Notwithstanding subdivisions (a) to (d), inclusive, a
line 17 local agency shall ministerially approve an application for a
line 18 building permit within a residential or mixed-use zone to create
line 19 any of the following:
line 20 (A) One accessory dwelling unit or junior accessory dwelling
line 21 unit per lot with a proposed or existing single-family dwelling if
line 22 all of the following apply:
line 23 (i) The accessory dwelling unit or junior accessory dwelling
line 24 unit is within the proposed space of a single-family dwelling or
line 25 existing space of a single-family dwelling or accessory structure
line 26 and may include an expansion of not more than 150 square feet
line 27 beyond the same physical dimensions as the existing accessory
line 28 structure. An expansion beyond the physical dimensions of the
line 29 existing accessory structure shall be limited to accommodating
line 30 ingress and egress.
line 31 (ii) The space has exterior access from the proposed or existing
line 32 single-family dwelling.
line 33 (iii) The side and rear setbacks are sufficient for fire and safety.
line 34 (iv) The junior accessory dwelling unit complies with the
line 35 requirements of Section 65852.22.
line 36 (B) One detached, new construction, accessory dwelling unit
line 37 that does not exceed four-foot side and rear yard setbacks for a
line 38 lot with a proposed or existing single-family dwelling. The
line 39 accessory dwelling unit may be combined with a junior accessory
90
— 64 — SB 13 A-64
line 1 dwelling unit described in subparagraph (A). A local agency may
line 2 impose the following conditions on the accessory dwelling unit:
line 3 (i) A total floor area limitation of not more than 800 square
line 4 feet.
line 5 (ii) A height limitation of 16 feet.
line 6 (C) (i) Multiple accessory dwelling units within the portions
line 7 of existing multifamily dwelling structures that are not used as
line 8 livable space, including, but not limited to, storage rooms, boiler
line 9 rooms, passageways, attics, basements, or garages, if each unit
line 10 complies with state building standards for dwellings.
line 11 (ii) A local agency shall allow at least one accessory dwelling
line 12 unit within an existing multifamily dwelling and may shall allow
line 13 up to 25 percent of the existing multifamily dwelling units.
line 14 (D) Not more than two accessory dwelling units that are located
line 15 on a lot that has an existing multifamily dwelling, but are detached
line 16 from that multifamily dwelling and are subject to a height limit of
line 17 16 feet and four-foot rear yard and side setbacks.
line 18 (2) A local agency shall not require, as a condition for
line 19 ministerial approval of a permit application for the creation of an
line 20 accessory dwelling unit or a junior accessory dwelling unit, the
line 21 correction of nonconforming zoning conditions.
line 22 (3) The installation of fire sprinklers shall not be required in
line 23 an accessory dwelling unit if sprinklers are not required for the
line 24 primary residence.
line 25 (4) A local agency may require owner occupancy for either the
line 26 primary dwelling or the accessory dwelling unit on a single-family
line 27 lot, subject to the requirements of paragraph (6) of subdivision
line 28 (a).
line 29 (5) A local agency shall require that a rental of the accessory
line 30 dwelling unit created pursuant to this subdivision be for a term
line 31 longer than 30 days.
line 32 (6) A local agency may require, as part of the application for
line 33 a permit to create an accessory dwelling unit connected to an
line 34 onsite water treatment system, a percolation test completed within
line 35 the last five years, or, if the percolation test has been recertified,
line 36 within the last 10 years.
line 37 (7) Notwithstanding subdivision (c) and paragraph (1) a local
line 38 agency that has adopted an ordinance by July 1, 2018, providing
line 39 for the approval of accessory dwelling units in multifamily dwelling
line 40 structures shall ministerially consider a permit application to
90
SB 13 — 65 — A-65
line 1 construct an accessory dwelling unit that is described in paragraph
line 2 (1), and may impose standards including, but not limited to, design,
line 3 development, and historic standards on said accessory dwelling
line 4 units. These standards shall not include requirements on minimum
line 5 lot size.
line 6 (f) (1) Fees charged for the construction of accessory dwelling
line 7 units shall be determined in accordance with Chapter 5
line 8 (commencing with Section 66000) and Chapter 7 (commencing
line 9 with Section 66012).
line 10 (2) An accessory dwelling unit shall not be considered by a
line 11 local agency, special district, or water corporation to be a new
line 12 residential use for purposes of calculating connection fees or
line 13 capacity charges for utilities, including water and sewer service,
line 14 unless the accessory dwelling unit was constructed with a new
line 15 single-family dwelling.
line 16 (3) (A) A local agency, special district, or water corporation
line 17 shall not impose any impact fee upon the development of an
line 18 accessory dwelling unit less than 750 square feet. Any impact fees
line 19 charged for an accessory dwelling unit of 750 square feet or more
line 20 shall be charged proportionately in relation to the square footage
line 21 of the primary dwelling unit.
line 22 (B) For purposes of this paragraph, “impact fee” has the same
line 23 meaning as the term “fee” is defined in subdivision (b) of Section
line 24 66000, except that it also includes fees specified in Section 66477.
line 25 “Impact fee” does not include any connection fee or capacity
line 26 charge charged by a local agency, special district, or water
line 27 corporation.
line 28 (4) For an accessory dwelling unit described in subparagraph
line 29 (A) of paragraph (1) of subdivision (e), a local agency, special
line 30 district, or water corporation shall not require the applicant to
line 31 install a new or separate utility connection directly between the
line 32 accessory dwelling unit and the utility or impose a related
line 33 connection fee or capacity charge, unless the accessory dwelling
line 34 unit was constructed with a new single-family dwelling.
line 35 (5) For an accessory dwelling unit that is not described in
line 36 subparagraph (A) of paragraph (1) of subdivision (e), a local
line 37 agency, special district, or water corporation may require a new
line 38 or separate utility connection directly between the accessory
line 39 dwelling unit and the utility. Consistent with Section 66013, the
line 40 connection may be subject to a connection fee or capacity charge
90
— 66 — SB 13 A-66
line 1 that shall be proportionate to the burden of the proposed accessory
line 2 dwelling unit, based upon either its square feet or the number of
line 3 its drainage fixture unit (DFU) values, as defined in the Uniform
line 4 Plumbing Code adopted and published by the International
line 5 Association of Plumbing and Mechanical Officials, upon the water
line 6 or sewer system. This fee or charge shall not exceed the reasonable
line 7 cost of providing this service.
line 8 (g) This section does not limit the authority of local agencies
line 9 to adopt less restrictive requirements for the creation of an
line 10 accessory dwelling unit.
line 11 (h) (1) A local agency shall submit a copy of the ordinance
line 12 adopted pursuant to subdivision (a) to the Department of Housing
line 13 and Community Development within 60 days after adoption. After
line 14 adoption of an ordinance, the department may submit written
line 15 findings to the local agency as to whether the ordinance complies
line 16 with the section.
line 17 (2) (A) If the department finds that the local agency’s ordinance
line 18 does not comply with this section, the department shall notify the
line 19 local agency and shall provide the local agency with a reasonable
line 20 time, no longer than 30 days, to respond to the findings before
line 21 taking any other action authorized by this section.
line 22 (B) The local agency shall consider the findings made by the
line 23 department pursuant to subparagraph (A) and shall do one of the
line 24 following:
line 25 (i) Amend the ordinance to comply with this section.
line 26 (ii) Adopt the ordinance without changes. The local agency
line 27 shall include findings in its resolution adopting the ordinance that
line 28 explain the reasons the local agency believes that the ordinance
line 29 complies with this section despite the findings of the department.
line 30 (3) (A) If the local agency does not amend its ordinance in
line 31 response to the department’s findings or does not adopt a
line 32 resolution with findings explaining the reason the ordinance
line 33 complies with this section and addressing the department’s
line 34 findings, the department shall notify the local agency and may
line 35 notify the Attorney General that the local agency is in violation of
line 36 state law.
line 37 (B) Before notifying the Attorney General that the local agency
line 38 is in violation of state law, the department may consider whether
line 39 a local agency adopted an ordinance in compliance with this
line 40 section between January 1, 2017, and January 1, 2020.
90
SB 13 — 67 — A-67
line 1 (i) The department may review, adopt, amend, or repeal
line 2 guidelines to implement uniform standards or criteria that
line 3 supplement or clarify the terms, references, and standards set forth
line 4 in this section. The guidelines adopted pursuant to this subdivision
line 5 are not subject to Chapter 3.5 (commencing with Section 11340)
line 6 of Part 1 of Division 3 of Title 2.
line 7 (j) As used in this section, the following terms mean:
line 8 (1) “Accessory dwelling unit” means an attached or a detached
line 9 residential dwelling unit that provides complete independent living
line 10 facilities for one or more persons. It shall include permanent
line 11 provisions for living, sleeping, eating, cooking, and sanitation on
line 12 the same parcel as the single-family or multifamily dwelling is or
line 13 will be situated. An accessory dwelling unit also includes the
line 14 following:
line 15 (A) An efficiency unit.
line 16 (B) A manufactured home, as defined in Section 18007 of the
line 17 Health and Safety Code.
line 18 (2) “Accessory structure” means a structure that is accessory
line 19 and incidental to a dwelling located on the same lot.
line 20 (3) “Efficiency unit” has the same meaning as defined in Section
line 21 17958.1 of the Health and Safety Code.
line 22 (4) “Living area” means the interior habitable area of a
line 23 dwelling unit, including basements and attics, but does not include
line 24 a garage or any accessory structure.
line 25 (5) “Local agency” means a city, county, or city and county,
line 26 whether general law or chartered.
line 27 (6) “Neighborhood” has the same meaning as set forth in
line 28 Section 65589.5.
line 29 (7) “Nonconforming zoning condition” means a physical
line 30 improvement on a property that does not conform with current
line 31 zoning standards.
line 32 (8) “Passageway” means a pathway that is unobstructed clear
line 33 to the sky and extends from a street to one entrance of the
line 34 accessory dwelling unit.
line 35 (9) “Proposed dwelling” means a dwelling that is the subject
line 36 of a permit application and that meets the requirements for
line 37 permitting.
line 38 (10) “Public transit” means a location, including, but not
line 39 limited to, a bus stop or train station, where the public may access
line 40 buses, trains, subways, and other forms of transportation that
90
— 68 — SB 13 A-68
line 1 charge set fares, run on fixed routes, and are available to the
line 2 public.
line 3 (11) “Tandem parking” means that two or more automobiles
line 4 are parked on a driveway or in any other location on a lot, lined
line 5 up behind one another.
line 6 (k) A local agency shall not issue a certificate of occupancy for
line 7 an accessory dwelling unit before the local agency issues a
line 8 certificate of occupancy for the primary dwelling.
line 9 (l) Nothing in this section shall be construed to supersede or in
line 10 any way alter or lessen the effect or application of the California
line 11 Coastal Act of 1976 (Division 20 (commencing with Section 30000)
line 12 of the Public Resources Code), except that the local government
line 13 shall not be required to hold public hearings for coastal
line 14 development permit applications for accessory dwelling units.
line 15 (m) A local agency may count an accessory dwelling unit for
line 16 purposes of identifying adequate sites for housing, as specified in
line 17 subdivision (a) of Section 65583.1, subject to authorization by the
line 18 department and compliance with this division.
line 19 (n) In enforcing building standards pursuant to Article 1
line 20 (commencing with Section 17960) of Chapter 5 of Part 1.5 of
line 21 Division 13 of the Health and Safety Code for an accessory
line 22 dwelling unit described in paragraph (1) or (2) below, a local
line 23 agency, upon request of an owner of an accessory dwelling unit
line 24 for a delay in enforcement, shall delay enforcement of a building
line 25 standard, subject to compliance with Section 17980.12 of the
line 26 Health and Safety Code:
line 27 (1) The accessory dwelling unit was built before January 1,
line 28 2020.
line 29 (2) The accessory dwelling unit was built on or after January
line 30 1, 2020, in a local jurisdiction that, at the time the accessory
line 31 dwelling unit was built, had a noncompliant accessory dwelling
line 32 unit ordinance, but the ordinance is compliant at the time the
line 33 request is made.
line 34 (o) This section shall become operative on January 1, 2025.
line 35 SEC. 2.2. Section 65302.2 is added to the Government Code,
line 36 to read:
line 37 65302.2. (a) (1) A local agency may, by ordinance, provide
line 38 for the creation of accessory dwelling units in areas zoned to allow
line 39 single-family or multifamily dwelling residential use. The ordinance
line 40 shall do all of the following:
90
SB 13 — 69 — A-69
line 1 (A) Designate areas within the jurisdiction of the local agency
line 2 where accessory dwelling units may be permitted. The designation
line 3 of areas may be based on the adequacy of water and sewer services
line 4 and the impact of accessory dwelling units on traffic flow and
line 5 public safety. A local agency that does not provide water or sewer
line 6 services shall consult with the local water or sewer service provider
line 7 regarding the adequacy of water and sewer services before
line 8 designating an area where accessory dwelling units may be
line 9 permitted.
line 10 (B) (i) Impose standards on accessory dwelling units that
line 11 include, but are not limited to, parking, height, setback, landscape,
line 12 architectural review, maximum size of a unit, and standards that
line 13 prevent adverse impacts on any real property that is listed in the
line 14 California Register of Historic Resources. These standards shall
line 15 not include requirements on minimum lot size.
line 16 (ii) Notwithstanding clause (i), a local agency may reduce or
line 17 eliminate parking requirements for any accessory dwelling unit
line 18 located within its jurisdiction.
line 19 (C) Provide that accessory dwelling units do not exceed the
line 20 allowable density for the lot upon which the accessory dwelling
line 21 unit is located, and that accessory dwelling units are a residential
line 22 use that is consistent with the existing general plan and zoning
line 23 designation for the lot.
line 24 (D) Require the accessory dwelling units to comply with all of
line 25 the following:
line 26 (i) The accessory dwelling unit may be rented separate from
line 27 the primary residence, but may not be sold or otherwise conveyed
line 28 separate from the primary residence.
line 29 (ii) The lot is zoned to allow single-family or multifamily
line 30 dwelling residential use and includes a proposed or existing
line 31 dwelling.
line 32 (iii) The accessory dwelling unit is either attached to, or located
line 33 within, the proposed or existing primary dwelling, including
line 34 attached garages, storage areas or similar uses, or an accessory
line 35 structure or detached from the proposed or existing primary
line 36 dwelling and located on the same lot as the proposed or existing
line 37 primary dwelling.
line 38 (iv) If there is an existing primary dwelling, the total floor area
line 39 of an attached accessory dwelling unit shall not exceed 50 percent
line 40 of the existing primary dwelling.
90
— 70 — SB 13 A-70
line 1 (v) The total floor area for a detached accessory dwelling unit
line 2 shall not exceed 1,200 square feet.
line 3 (vi) No passageway shall be required in conjunction with the
line 4 construction of an accessory dwelling unit.
line 5 (vii) No setback shall be required for an existing living area or
line 6 accessory structure or a structure constructed in the same location
line 7 and to the same dimensions as an existing structure that is
line 8 converted to an accessory dwelling unit or to a portion of an
line 9 accessory dwelling unit, and a setback of no more than four feet
line 10 from the side and rear lot lines shall be required for an accessory
line 11 dwelling unit that is not converted from an existing structure or a
line 12 new structure constructed in the same location and to the same
line 13 dimensions as an existing structure.
line 14 (viii) Local building code requirements that apply to detached
line 15 dwellings, as appropriate.
line 16 (ix) Approval by the local health officer where a private sewage
line 17 disposal system is being used, if required.
line 18 (x) (I) Parking requirements for accessory dwelling units shall
line 19 not exceed one parking space per accessory dwelling unit or per
line 20 bedroom, whichever is less. These spaces may be provided as
line 21 tandem parking on a driveway.
line 22 (II) Offstreet parking shall be permitted in setback areas in
line 23 locations determined by the local agency or through tandem
line 24 parking, unless specific findings are made that parking in setback
line 25 areas or tandem parking is not feasible based upon specific site
line 26 or regional topographical or fire and life safety conditions.
line 27 (III) This clause shall not apply to an accessory dwelling unit
line 28 that is described in subdivision (d).
line 29 (xi) When a garage, carport, or covered parking structure is
line 30 demolished in conjunction with the construction of an accessory
line 31 dwelling unit or converted to an accessory dwelling unit, the local
line 32 agency shall not require that those offstreet parking spaces be
line 33 replaced.
line 34 (xii) Accessory dwelling units shall not be required to provide
line 35 fire sprinklers if they are not required for the primary residence.
line 36 (2) The ordinance shall not be considered in the application of
line 37 any local ordinance, policy, or program to limit residential growth.
line 38 (3) A permit application for an accessory dwelling unit or a
line 39 junior accessory dwelling unit shall be considered and approved
line 40 ministerially without discretionary review or a hearing,
90
SB 13 — 71 — A-71
line 1 notwithstanding Section 65901 or 65906 or any local ordinance
line 2 regulating the issuance of variances or special use permits. The
line 3 permitting agency shall act on the application to create an
line 4 accessory dwelling unit or a junior accessory dwelling unit within
line 5 60 days from the date the local agency receives a completed
line 6 application if there is an existing single-family or multifamily
line 7 dwelling on the lot. If the permit application to create an accessory
line 8 dwelling unit or a junior accessory dwelling unit is submitted with
line 9 a permit application to create a new single-family dwelling on the
line 10 lot, the permitting agency may delay acting on the permit
line 11 application for the accessory dwelling unit or the junior accessory
line 12 dwelling unit until the permitting agency acts on the permit
line 13 application to create the new single-family dwelling, but the
line 14 application to create the accessory dwelling unit or junior
line 15 accessory dwelling unit shall be considered without discretionary
line 16 review or hearing. If the applicant requests a delay, the 60-day
line 17 time period shall be tolled for the period of the delay. A local
line 18 agency may charge a fee to reimburse it for costs incurred to
line 19 implement this paragraph, including the costs of adopting or
line 20 amending any ordinance that provides for the creation of an
line 21 accessory dwelling unit.
line 22 (4) An existing ordinance governing the creation of an accessory
line 23 dwelling unit by a local agency or an accessory dwelling ordinance
line 24 adopted by a local agency shall provide an approval process that
line 25 includes only ministerial provisions for the approval of accessory
line 26 dwelling units and shall not include any discretionary processes,
line 27 provisions, or requirements for those units, except as otherwise
line 28 provided in this subdivision. If a local agency has an existing
line 29 accessory dwelling unit ordinance that fails to meet the
line 30 requirements of this subdivision, that ordinance shall be null and
line 31 void and that agency shall thereafter apply the standards
line 32 established in this subdivision for the approval of accessory
line 33 dwelling units, unless and until the agency adopts an ordinance
line 34 that complies with this section.
line 35 (5) No other local ordinance, policy, or regulation shall be the
line 36 basis for the delay or denial of a building permit or a use permit
line 37 under this subdivision.
line 38 (6) (A) This subdivision establishes the maximum standards
line 39 that local agencies shall use to evaluate a proposed accessory
line 40 dwelling unit on a lot that includes a proposed or existing
90
— 72 — SB 13 A-72
line 1 single-family dwelling. No additional standards, other than those
line 2 provided in this subdivision, shall be used or imposed except that,
line 3 subject to subparagraph (B), a local agency may require an
line 4 applicant for a permit issued pursuant to this subdivision to be an
line 5 owner-occupant or that the property be used for rentals of terms
line 6 longer than 30 days.
line 7 (B) Notwithstanding subparagraph (A), a local agency shall
line 8 not impose an owner-occupant requirement on an accessory
line 9 dwelling unit permitted between January 1, 2020 to January 1,
line 10 2025, during which time the local agency was prohibited from
line 11 imposing an owner-occupant requirement.
line 12 (7) A local agency may amend its zoning ordinance or general
line 13 plan to incorporate the policies, procedures, or other provisions
line 14 applicable to the creation of an accessory dwelling unit if these
line 15 provisions are consistent with the limitations of this subdivision.
line 16 (8) An accessory dwelling unit that conforms to this subdivision
line 17 shall be deemed to be an accessory use or an accessory building
line 18 and shall not be considered to exceed the allowable density for
line 19 the lot upon which it is located, and shall be deemed to be a
line 20 residential use that is consistent with the existing general plan and
line 21 zoning designations for the lot. The accessory dwelling unit shall
line 22 not be considered in the application of any local ordinance, policy,
line 23 or program to limit residential growth.
line 24 (b) When a local agency that has not adopted an ordinance
line 25 governing accessory dwelling units in accordance with subdivision
line 26 (a) receives an application for a permit to create an accessory
line 27 dwelling unit pursuant to this subdivision, the local agency shall
line 28 approve or disapprove the application ministerially without
line 29 discretionary review pursuant to subdivision (a). The permitting
line 30 agency shall act on the application to create an accessory dwelling
line 31 unit or a junior accessory dwelling unit within 60 days from the
line 32 date the local agency receives a completed application if there is
line 33 an existing single-family or multifamily dwelling on the lot. If the
line 34 permit application to create an accessory dwelling unit or a junior
line 35 accessory dwelling unit is submitted with a permit application to
line 36 create a new single-family dwelling on the lot, the permitting
line 37 agency may delay acting on the permit application for the
line 38 accessory dwelling unit or the junior accessory dwelling unit until
line 39 the permitting agency acts on the permit application to create the
line 40 new single-family dwelling, but the application to create the
90
SB 13 — 73 — A-73
line 1 accessory dwelling unit or junior accessory dwelling unit shall
line 2 still be considered ministerially without discretionary review or
line 3 a hearing. If the applicant requests a delay, the 60-day time period
line 4 shall be tolled for the period of the delay. If the local agency has
line 5 not acted upon the completed application within 60 days, the
line 6 application shall be deemed approved.
line 7 (c) (1) Subject to paragraph (2), a local agency may establish
line 8 minimum and maximum unit size requirements for both attached
line 9 and detached accessory dwelling units.
line 10 (2) Notwithstanding paragraph (1), a local agency shall not
line 11 establish by ordinance any of the following:
line 12 (A) A minimum square footage requirement for either an
line 13 attached or detached accessory dwelling unit that prohibits an
line 14 efficiency unit.
line 15 (B) A maximum square footage requirement for either an
line 16 attached or detached accessory dwelling unit that is less than
line 17 either of the following:
line 18 (i) 850 square feet.
line 19 (ii) 1,000 square feet for an accessory dwelling unit that
line 20 provides more than one bedroom.
line 21 (C) Any other minimum or maximum size for an accessory
line 22 dwelling unit, size based upon a percentage of the proposed or
line 23 existing primary dwelling, or limits on lot coverage, floor area
line 24 ratio, open space, and minimum lot size, for either attached or
line 25 detached dwellings that does not permit at least an 800 square
line 26 foot accessory dwelling unit that is at least 16 feet in height with
line 27 four-foot side and rear yard setbacks to be constructed in
line 28 compliance with all other local development standards.
line 29 (d) Notwithstanding any other law, a local agency, whether or
line 30 not it has adopted an ordinance governing accessory dwelling
line 31 units in accordance with subdivision (a), shall not impose parking
line 32 standards for an accessory dwelling unit in any of the following
line 33 instances:
line 34 (1) The accessory dwelling unit is located within one-half mile
line 35 walking distance of public transit.
line 36 (2) The accessory dwelling unit is located within an
line 37 architecturally and historically significant historic district.
line 38 (3) The accessory dwelling unit is part of the proposed or
line 39 existing primary residence or an accessory structure.
90
— 74 — SB 13 A-74
line 1 (4) When on-street parking permits are required but not offered
line 2 to the occupant of the accessory dwelling unit.
line 3 (5) When there is a car share vehicle located within one block
line 4 of the accessory dwelling unit.
line 5 (e) (1) Notwithstanding subdivisions (a) to (d), inclusive, a
line 6 local agency shall ministerially approve an application for a
line 7 building permit within a residential or mixed-use zone to create
line 8 any of the following:
line 9 (A) One accessory dwelling unit or junior accessory dwelling
line 10 unit per lot with a proposed or existing single-family dwelling if
line 11 all of the following apply:
line 12 (i) The accessory dwelling unit or junior accessory dwelling
line 13 unit is within the proposed space of a single-family dwelling or
line 14 existing space of a single-family dwelling or accessory structure
line 15 and may include an expansion of not more than 150 square feet
line 16 beyond the same physical dimensions as the existing accessory
line 17 structure. An expansion beyond the physical dimensions of the
line 18 existing accessory structure shall be limited to accommodating
line 19 ingress and egress.
line 20 (ii) The space has exterior access from the proposed or existing
line 21 single-family dwelling.
line 22 (iii) The side and rear setbacks are sufficient for fire and safety.
line 23 (iv) The junior accessory dwelling unit complies with the
line 24 requirements of Section 65852.22.
line 25 (B) One detached, new construction, accessory dwelling unit
line 26 that does not exceed four-foot side and rear yard setbacks for a
line 27 lot with a proposed or existing single-family dwelling. The
line 28 accessory dwelling unit may be combined with a junior accessory
line 29 dwelling unit described in subparagraph (A). A local agency may
line 30 impose the following conditions on the accessory dwelling unit:
line 31 (i) A total floor area limitation of not more than 800 square
line 32 feet.
line 33 (ii) A height limitation of 16 feet.
line 34 (C) (i) Multiple accessory dwelling units within the portions
line 35 of existing multifamily dwelling structures that are not used as
line 36 livable space, including, but not limited to, storage rooms, boiler
line 37 rooms, passageways, attics, basements, or garages, if each unit
line 38 complies with state building standards for dwellings.
90
SB 13 — 75 — A-75
line 1 (ii) A local agency shall allow at least one accessory dwelling
line 2 unit within an existing multifamily dwelling and may shall allow
line 3 up to 25 percent of the existing multifamily dwelling units.
line 4 (D) Not more than two accessory dwelling units that are located
line 5 on a lot that has an existing multifamily dwelling, but are detached
line 6 from that multifamily dwelling and are subject to a height limit of
line 7 16 feet and four-foot rear yard and side setbacks.
line 8 (2) A local agency shall not require, as a condition for
line 9 ministerial approval of a permit application for the creation of an
line 10 accessory dwelling unit or a junior accessory dwelling unit, the
line 11 correction of nonconforming zoning conditions.
line 12 (3) The installation of fire sprinklers shall not be required in
line 13 an accessory dwelling unit if sprinklers are not required for the
line 14 primary residence.
line 15 (4) A local agency may require owner occupancy for either the
line 16 primary dwelling or the accessory dwelling unit on a single-family
line 17 lot, subject to the requirements of paragraph (6) of subdivision
line 18 (a).
line 19 (5) A local agency shall require that a rental of the accessory
line 20 dwelling unit created pursuant to this subdivision be for a term
line 21 longer than 30 days.
line 22 (6) A local agency may require, as part of the application for
line 23 a permit to create an accessory dwelling unit connected to an
line 24 onsite water treatment system, a percolation test completed within
line 25 the last five years, or, if the percolation test has been recertified,
line 26 within the last 10 years.
line 27 (7) Notwithstanding subdivision (c) and paragraph (1) a local
line 28 agency that has adopted an ordinance by July 1, 2018, providing
line 29 for the approval of accessory dwelling units in multifamily dwelling
line 30 structures shall ministerially consider a permit application to
line 31 construct an accessory dwelling unit that is described in paragraph
line 32 (1), and may impose standards including, but not limited to, design,
line 33 development, and historic standards on said accessory dwelling
line 34 units. These standards shall not include requirements on minimum
line 35 lot size.
line 36 (f) (1) Fees charged for the construction of accessory dwelling
line 37 units shall be determined in accordance with Chapter 5
line 38 (commencing with Section 66000) and Chapter 7 (commencing
line 39 with Section 66012).
90
— 76 — SB 13 A-76
line 1 (2) An accessory dwelling unit shall not be considered by a
line 2 local agency, special district, or water corporation to be a new
line 3 residential use for purposes of calculating connection fees or
line 4 capacity charges for utilities, including water and sewer service,
line 5 unless the accessory dwelling unit was constructed with a new
line 6 single-family dwelling.
line 7 (3) (A) A local agency, special district, or water corporation
line 8 shall not impose any impact fee upon the development of an
line 9 accessory dwelling unit less than 750 square feet. Any impact fees
line 10 charged for an accessory dwelling unit of 750 square feet or more
line 11 shall be charged proportionately in relation to the square footage
line 12 of the primary dwelling unit.
line 13 (B) For purposes of this paragraph, “impact fee” has the same
line 14 meaning as the term “fee” is defined in subdivision (b) of Section
line 15 66000, except that it also includes fees specified in Section 66477.
line 16 “Impact fee” does not include any connection fee or capacity
line 17 charge charged by a local agency, special district, or water
line 18 corporation.
line 19 (4) For an accessory dwelling unit described in subparagraph
line 20 (A) of paragraph (1) of subdivision (e), a local agency, special
line 21 district, or water corporation shall not require the applicant to
line 22 install a new or separate utility connection directly between the
line 23 accessory dwelling unit and the utility or impose a related
line 24 connection fee or capacity charge, unless the accessory dwelling
line 25 unit was constructed with a new single-family dwelling.
line 26 (5) For an accessory dwelling unit that is not described in
line 27 subparagraph (A) of paragraph (1) of subdivision (e), a local
line 28 agency, special district, or water corporation may require a new
line 29 or separate utility connection directly between the accessory
line 30 dwelling unit and the utility. Consistent with Section 66013, the
line 31 connection may be subject to a connection fee or capacity charge
line 32 that shall be proportionate to the burden of the proposed accessory
line 33 dwelling unit, based upon either its square feet or the number of
line 34 its drainage fixture unit (DFU) values, as defined in the Uniform
line 35 Plumbing Code adopted and published by the International
line 36 Association of Plumbing and Mechanical Officials, upon the water
line 37 or sewer system. This fee or charge shall not exceed the reasonable
line 38 cost of providing this service.
90
SB 13 — 77 — A-77
line 1 (g) This section does not limit the authority of local agencies
line 2 to adopt less restrictive requirements for the creation of an
line 3 accessory dwelling unit.
line 4 (h) (1) A local agency shall submit a copy of the ordinance
line 5 adopted pursuant to subdivision (a) to the Department of Housing
line 6 and Community Development within 60 days after adoption. After
line 7 adoption of an ordinance, the department may submit written
line 8 findings to the local agency as to whether the ordinance complies
line 9 with the section.
line 10 (2) (A) If the department finds that the local agency’s ordinance
line 11 does not comply with this section, the department shall notify the
line 12 local agency and shall provide the local agency with a reasonable
line 13 time, no longer than 30 days, to respond to the findings before
line 14 taking any other action authorized by this section.
line 15 (B) The local agency shall consider the findings made by the
line 16 department pursuant to subparagraph (A) and shall do one of the
line 17 following:
line 18 (i) Amend the ordinance to comply with this section.
line 19 (ii) Adopt the ordinance without changes. The local agency
line 20 shall include findings in its resolution adopting the ordinance that
line 21 explain the reasons the local agency believes that the ordinance
line 22 complies with this section despite the findings of the department.
line 23 (3) (A) If the local agency does not amend its ordinance in
line 24 response to the department’s findings or does not adopt a
line 25 resolution with findings explaining the reason the ordinance
line 26 complies with this section and addressing the department’s
line 27 findings, the department shall notify the local agency and may
line 28 notify the Attorney General that the local agency is in violation of
line 29 state law.
line 30 (B) Before notifying the Attorney General that the local agency
line 31 is in violation of state law, the department may consider whether
line 32 a local agency adopted an ordinance in compliance with this
line 33 section between January 1, 2017, and January 1, 2020.
line 34 (i) The department may review, adopt, amend, or repeal
line 35 guidelines to implement uniform standards or criteria that
line 36 supplement or clarify the terms, references, and standards set forth
line 37 in this section. The guidelines adopted pursuant to this subdivision
line 38 are not subject to Chapter 3.5 (commencing with Section 11340)
line 39 of Part 1 of Division 3 of Title 2.
line 40 (j) As used in this section, the following terms mean:
90
— 78 — SB 13 A-78
line 1 (1) “Accessory dwelling unit” means an attached or a detached
line 2 residential dwelling unit that provides complete independent living
line 3 facilities for one or more persons and is located on a lot with a
line 4 proposed or existing primary residence. It shall include permanent
line 5 provisions for living, sleeping, eating, cooking, and sanitation on
line 6 the same parcel as the single-family or multifamily dwelling is or
line 7 will be situated. An accessory dwelling unit also includes the
line 8 following:
line 9 (A) An efficiency unit.
line 10 (B) A manufactured home, as defined in Section 18007 of the
line 11 Health and Safety Code.
line 12 (2) “Accessory structure” means a structure that is accessory
line 13 and incidental to a dwelling located on the same lot.
line 14 (3) “Efficiency unit” has the same meaning as defined in Section
line 15 17958.1 of the Health and Safety Code.
line 16 (4) “Living area” means the interior habitable area of a
line 17 dwelling unit, including basements and attics, but does not include
line 18 a garage or any accessory structure.
line 19 (5) “Local agency” means a city, county, or city and county,
line 20 whether general law or chartered.
line 21 (6) “Neighborhood” has the same meaning as set forth in
line 22 Section 65589.5.
line 23 (7) “Nonconforming zoning condition” means a physical
line 24 improvement on a property that does not conform with current
line 25 zoning standards.
line 26 (8) “Passageway” means a pathway that is unobstructed clear
line 27 to the sky and extends from a street to one entrance of the
line 28 accessory dwelling unit.
line 29 (9) “Proposed dwelling” means a dwelling that is the subject
line 30 of a permit application and that meets the requirements for
line 31 permitting.
line 32 (10) “Public transit” means a location, including, but not
line 33 limited to, a bus stop or train station, where the public may access
line 34 buses, trains, subways, and other forms of transportation that
line 35 charge set fares, run on fixed routes, and are available to the
line 36 public.
line 37 (11) “Tandem parking” means that two or more automobiles
line 38 are parked on a driveway or in any other location on a lot, lined
line 39 up behind one another.
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SB 13 — 79 — A-79
line 1 (k) A local agency shall not issue a certificate of occupancy for
line 2 an accessory dwelling unit before the local agency issues a
line 3 certificate of occupancy for the primary dwelling.
line 4 (l) Nothing in this section shall be construed to supersede or in
line 5 any way alter or lessen the effect or application of the California
line 6 Coastal Act of 1976 (Division 20 (commencing with Section 30000)
line 7 of the Public Resources Code), except that the local government
line 8 shall not be required to hold public hearings for coastal
line 9 development permit applications for accessory dwelling units.
line 10 (m) A local agency may count an accessory dwelling unit for
line 11 purposes of identifying adequate sites for housing, as specified in
line 12 subdivision (a) of Section 65583.1, subject to authorization by the
line 13 department and compliance with this division.
line 14 (n) In enforcing building standards pursuant to Article 1
line 15 (commencing with Section 17960) of Chapter 5 of Part 1.5 of
line 16 Division 13 of the Health and Safety Code for an accessory
line 17 dwelling unit described in paragraph (1) or (2) below, a local
line 18 agency, upon request of an owner of an accessory dwelling unit
line 19 for a delay in enforcement, shall delay enforcement of a building
line 20 standard, subject to compliance with Section 17980.12 of the
line 21 Health and Safety Code:
line 22 (1) The accessory dwelling unit was built before January 1,
line 23 2020.
line 24 (2) The accessory dwelling unit was built on or after January
line 25 1, 2020, in a local jurisdiction that, at the time the accessory
line 26 dwelling unit was built, had a noncompliant accessory dwelling
line 27 unit ordinance, but the ordinance is compliant at the time the
line 28 request is made.
line 29 (o) This section shall become operative on January 1, 2025.
line 30 SEC. 2.3. Section 65852.2 is added to the Government Code,
line 31 to read:
line 32 65852.2. (a) (1) A local agency may, by ordinance, provide
line 33 for the creation of accessory dwelling units in areas zoned to allow
line 34 single-family or multifamily dwelling residential use. The ordinance
line 35 shall do all of the following:
line 36 (A) Designate areas within the jurisdiction of the local agency
line 37 where accessory dwelling units may be permitted. The designation
line 38 of areas may be based on criteria that may include the adequacy
line 39 of water and sewer services and the impact of accessory dwelling
line 40 units on traffic flow and public safety. A local agency that does
90
— 80 — SB 13 A-80
line 1 not provide water or sewer services shall consult with the local
line 2 water or sewer service provider regarding the adequacy of water
line 3 and sewer services before designating an area where accessory
line 4 dwelling units may be permitted.
line 5 (B) (i) Impose standards on accessory dwelling units that
line 6 include, but are not limited to, parking, height, setback, landscape,
line 7 architectural review, maximum size of a unit, and standards that
line 8 prevent adverse impacts on any real property that is listed in the
line 9 California Register of Historic Resources. These standards shall
line 10 not include requirements on minimum lot size.
line 11 (ii) Notwithstanding clause (i), a local agency may reduce or
line 12 eliminate parking requirements for any accessory dwelling unit
line 13 located within its jurisdiction.
line 14 (C) Provide that accessory dwelling units do not exceed the
line 15 allowable density for the lot upon which the accessory dwelling
line 16 unit is located, and that accessory dwelling units are a residential
line 17 use that is consistent with the existing general plan and zoning
line 18 designation for the lot.
line 19 (D) Require the accessory dwelling units to comply with all of
line 20 the following:
line 21 (i) The accessory dwelling unit may be rented separate from
line 22 the primary residence, but may not be sold or otherwise conveyed
line 23 separate from the primary residence.
line 24 (ii) The lot is zoned to allow single-family or multifamily
line 25 dwelling residential use and includes a proposed or existing
line 26 dwelling.
line 27 (iii) The accessory dwelling unit is either attached to, or located
line 28 within, the proposed or existing primary dwelling, including
line 29 attached garages, storage areas or similar uses, or an accessory
line 30 structure or detached from the proposed or existing primary
line 31 dwelling and located on the same lot as the proposed or existing
line 32 primary dwelling.
line 33 (iv) If there is an existing primary dwelling, the total floor area
line 34 of an attached accessory dwelling unit shall not exceed 50 percent
line 35 of the existing primary dwelling.
line 36 (v) The total floor area for a detached accessory dwelling unit
line 37 shall not exceed 1,200 square feet.
line 38 (vi) No passageway shall be required in conjunction with the
line 39 construction of an accessory dwelling unit.
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SB 13 — 81 — A-81
line 1 (vii) No setback shall be required for an existing living area or
line 2 accessory structure or a structure constructed in the same location
line 3 and to the same dimensions as an existing structure that is
line 4 converted to an accessory dwelling unit or to a portion of an
line 5 accessory dwelling unit, and a setback of no more than four feet
line 6 from the side and rear lot lines shall be required for an accessory
line 7 dwelling unit that is not converted from an existing structure or a
line 8 new structure constructed in the same location and to the same
line 9 dimensions as an existing structure.
line 10 (viii) Local building code requirements that apply to detached
line 11 dwellings, as appropriate.
line 12 (ix) Approval by the local health officer where a private sewage
line 13 disposal system is being used, if required.
line 14 (x) (I) Parking requirements for accessory dwelling units shall
line 15 not exceed one parking space per accessory dwelling unit or per
line 16 bedroom, whichever is less. These spaces may be provided as
line 17 tandem parking on a driveway.
line 18 (II) Offstreet parking shall be permitted in setback areas in
line 19 locations determined by the local agency or through tandem
line 20 parking, unless specific findings are made that parking in setback
line 21 areas or tandem parking is not feasible based upon specific site
line 22 or regional topographical or fire and life safety conditions.
line 23 (III) This clause shall not apply to an accessory dwelling unit
line 24 that is described in subdivision (d).
line 25 (xi) When a garage, carport, or covered parking structure is
line 26 demolished in conjunction with the construction of an accessory
line 27 dwelling unit or converted to an accessory dwelling unit, the local
line 28 agency shall not require that those offstreet parking spaces be
line 29 replaced.
line 30 (xii) Accessory dwelling units shall not be required to provide
line 31 fire sprinklers if they are not required for the primary residence.
line 32 (2) The ordinance shall not be considered in the application of
line 33 any local ordinance, policy, or program to limit residential growth.
line 34 (3) A permit application for an accessory dwelling unit or a
line 35 junior accessory dwelling unit shall be considered and approved
line 36 ministerially without discretionary review or a hearing,
line 37 notwithstanding Section 65901 or 65906 or any local ordinance
line 38 regulating the issuance of variances or special use permits. The
line 39 permitting agency shall act on the application to create an
line 40 accessory dwelling unit or a junior accessory dwelling unit within
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— 82 — SB 13 A-82
line 1 60 days from the date the local agency receives a completed
line 2 application if there is an existing single-family or multifamily
line 3 dwelling on the lot. If the permit application to create an accessory
line 4 dwelling unit or a junior accessory dwelling unit is submitted with
line 5 a permit application to create a new single-family dwelling on the
line 6 lot, the permitting agency may delay acting on the permit
line 7 application for the accessory dwelling unit or the junior accessory
line 8 dwelling unit until the permitting agency acts on the permit
line 9 application to create the new single-family dwelling, but the
line 10 application to create the accessory dwelling unit or junior
line 11 accessory dwelling unit shall be considered without discretionary
line 12 review or hearing. If the applicant requests a delay, the 60-day
line 13 time period shall be tolled for the period of the delay. A local
line 14 agency may charge a fee to reimburse it for costs incurred to
line 15 implement this paragraph, including the costs of adopting or
line 16 amending any ordinance that provides for the creation of an
line 17 accessory dwelling unit.
line 18 (4) An existing ordinance governing the creation of an accessory
line 19 dwelling unit by a local agency or an accessory dwelling ordinance
line 20 adopted by a local agency shall provide an approval process that
line 21 includes only ministerial provisions for the approval of accessory
line 22 dwelling units and shall not include any discretionary processes,
line 23 provisions, or requirements for those units, except as otherwise
line 24 provided in this subdivision. If a local agency has an existing
line 25 accessory dwelling unit ordinance that fails to meet the
line 26 requirements of this subdivision, that ordinance shall be null and
line 27 void and that agency shall thereafter apply the standards
line 28 established in this subdivision for the approval of accessory
line 29 dwelling units, unless and until the agency adopts an ordinance
line 30 that complies with this section.
line 31 (5) No other local ordinance, policy, or regulation shall be the
line 32 basis for the delay or denial of a building permit or a use permit
line 33 under this subdivision.
line 34 (6) (A) This subdivision establishes the maximum standards
line 35 that local agencies shall use to evaluate a proposed accessory
line 36 dwelling unit on a lot that includes a proposed or existing
line 37 single-family dwelling. No additional standards, other than those
line 38 provided in this subdivision, shall be used or imposed except,
line 39 subject to subparagraph (B), that a local agency may require an
line 40 applicant for a permit issued pursuant to this subdivision to be an
90
SB 13 — 83 — A-83
line 1 owner-occupant or that the property be used for rentals of terms
line 2 longer than 30 days.
line 3 (B) Notwithstanding subparagraph (A), a local agency shall
line 4 not impose an owner-occupant requirement on an accessory
line 5 dwelling unit permitted between January 1, 2020 to January 1,
line 6 2025, during which time the local agency was prohibited from
line 7 imposing an owner-occupant requirement.
line 8 (7) A local agency may amend its zoning ordinance or general
line 9 plan to incorporate the policies, procedures, or other provisions
line 10 applicable to the creation of an accessory dwelling unit if these
line 11 provisions are consistent with the limitations of this subdivision.
line 12 (8) An accessory dwelling unit that conforms to this subdivision
line 13 shall be deemed to be an accessory use or an accessory building
line 14 and shall not be considered to exceed the allowable density for
line 15 the lot upon which it is located, and shall be deemed to be a
line 16 residential use that is consistent with the existing general plan and
line 17 zoning designations for the lot. The accessory dwelling unit shall
line 18 not be considered in the application of any local ordinance, policy,
line 19 or program to limit residential growth.
line 20 (b) When a local agency that has not adopted an ordinance
line 21 governing accessory dwelling units in accordance with subdivision
line 22 (a) receives an application for a permit to create an accessory
line 23 dwelling unit pursuant to this subdivision, the local agency shall
line 24 approve or disapprove the application ministerially without
line 25 discretionary review pursuant to subdivision (a). The permitting
line 26 agency shall act on the application to create an accessory dwelling
line 27 unit or a junior accessory dwelling unit within 60 days from the
line 28 date the local agency receives a completed application if there is
line 29 an existing single-family or multifamily dwelling on the lot. If the
line 30 permit application to create an accessory dwelling unit or a junior
line 31 accessory dwelling unit is submitted with a permit application to
line 32 create a new single-family dwelling on the lot, the permitting
line 33 agency may delay acting on the permit application for the
line 34 accessory dwelling unit or the junior accessory dwelling unit until
line 35 the permitting agency acts on the permit application to create the
line 36 new single-family dwelling, but the application to create the
line 37 accessory dwelling unit or junior accessory dwelling unit shall
line 38 still be considered ministerially without discretionary review or
line 39 a hearing. If the applicant requests a delay, the 60-day time period
line 40 shall be tolled for the period of the delay. If the local agency has
90
— 84 — SB 13 A-84
line 1 not acted upon the completed application within 60 days, the
line 2 application shall be deemed approved.
line 3 (c) (1) Subject to paragraph (2), a local agency may establish
line 4 minimum and maximum unit size requirements for both attached
line 5 and detached accessory dwelling units.
line 6 (2) Notwithstanding paragraph (1), a local agency shall not
line 7 establish by ordinance any of the following:
line 8 (A) A minimum square footage requirement for either an
line 9 attached or detached accessory dwelling unit that prohibits an
line 10 efficiency unit.
line 11 (B) A maximum square footage requirement for either an
line 12 attached or detached accessory dwelling unit that is less than
line 13 either of the following:
line 14 (i) 850 square feet.
line 15 (ii) 1,000 square feet for an accessory dwelling unit that
line 16 provides more than one bedroom.
line 17 (C) Any other minimum or maximum size for an accessory
line 18 dwelling unit, size based upon a percentage of the proposed or
line 19 existing primary dwelling, or limits on lot coverage, floor area
line 20 ratio, open space, and minimum lot size, for either attached or
line 21 detached dwellings that does not permit at least an 800 square
line 22 foot accessory dwelling unit that is at least 16 feet in height with
line 23 four-foot side and rear yard setbacks to be constructed in
line 24 compliance with all other local development standards.
line 25 (d) Notwithstanding any other law, a local agency, whether or
line 26 not it has adopted an ordinance governing accessory dwelling
line 27 units in accordance with subdivision (a), shall not impose parking
line 28 standards for an accessory dwelling unit in any of the following
line 29 instances:
line 30 (1) The accessory dwelling unit is located within one-half mile
line 31 walking distance of public transit.
line 32 (2) The accessory dwelling unit is located within an
line 33 architecturally and historically significant historic district.
line 34 (3) The accessory dwelling unit is part of the proposed or
line 35 existing primary residence or an accessory structure.
line 36 (4) When on-street parking permits are required but not offered
line 37 to the occupant of the accessory dwelling unit.
line 38 (5) When there is a car share vehicle located within one block
line 39 of the accessory dwelling unit.
90
SB 13 — 85 — A-85
line 1 (e) (1) Notwithstanding subdivisions (a) to (d), inclusive, a
line 2 local agency shall ministerially approve an application for a
line 3 building permit within a residential or mixed-use zone to create
line 4 any of the following:
line 5 (A) One accessory dwelling unit or junior accessory dwelling
line 6 unit per lot with a proposed or existing single-family dwelling if
line 7 all of the following apply:
line 8 (i) The accessory dwelling unit or junior accessory dwelling
line 9 unit is within the proposed space of a single-family dwelling or
line 10 existing space of a single-family dwelling or accessory structure
line 11 and may include an expansion of not more than 150 square feet
line 12 beyond the same physical dimensions as the existing accessory
line 13 structure. An expansion beyond the physical dimensions of the
line 14 existing accessory structure shall be limited to accommodating
line 15 ingress and egress.
line 16 (ii) The space has exterior access from the proposed or existing
line 17 single-family dwelling.
line 18 (iii) The side and rear setbacks are sufficient for fire and safety.
line 19 (iv) The junior accessory dwelling unit complies with the
line 20 requirements of Section 65852.22.
line 21 (B) One detached, new construction, accessory dwelling unit
line 22 that does not exceed four-foot side and rear yard setbacks for a
line 23 lot with a proposed or existing single-family dwelling. The
line 24 accessory dwelling unit may be combined with a junior accessory
line 25 dwelling unit described in subparagraph (A). A local agency may
line 26 impose the following conditions on the accessory dwelling unit:
line 27 (i) A total floor area limitation of not more than 800 square
line 28 feet.
line 29 (ii) A height limitation of 16 feet.
line 30 (C) (i) Multiple accessory dwelling units within the portions
line 31 of existing multifamily dwelling structures that are not used as
line 32 livable space, including, but not limited to, storage rooms, boiler
line 33 rooms, passageways, attics, basements, or garages, if each unit
line 34 complies with state building standards for dwellings.
line 35 (ii) A local agency shall allow at least one accessory dwelling
line 36 unit within an existing multifamily dwelling and may shall allow
line 37 up to 25 percent of the existing multifamily dwelling units.
line 38 (D) Not more than two accessory dwelling units that are located
line 39 on a lot that has an existing multifamily dwelling, but are detached
90
— 86 — SB 13 A-86
line 1 from that multifamily dwelling and are subject to a height limit of
line 2 16 feet and four-foot rear yard and side setbacks.
line 3 (2) A local agency shall not require, as a condition for
line 4 ministerial approval of a permit application for the creation of an
line 5 accessory dwelling unit or a junior accessory dwelling unit, the
line 6 correction of nonconforming zoning conditions.
line 7 (3) The installation of fire sprinklers shall not be required in
line 8 an accessory dwelling unit if sprinklers are not required for the
line 9 primary residence.
line 10 (4) A local agency may require owner occupancy for either the
line 11 primary dwelling or the accessory dwelling unit on a single-family
line 12 lot, subject to the requirements of paragraph (6) of subdivision
line 13 (a).
line 14 (5) A local agency shall require that a rental of the accessory
line 15 dwelling unit created pursuant to this subdivision be for a term
line 16 longer than 30 days.
line 17 (6) A local agency may require, as part of the application for
line 18 a permit to create an accessory dwelling unit connected to an
line 19 onsite water treatment system, a percolation test completed within
line 20 the last five years, or, if the percolation test has been recertified,
line 21 within the last 10 years.
line 22 (7) Notwithstanding subdivision (c) and paragraph (1) a local
line 23 agency that has adopted an ordinance by July 1, 2018, providing
line 24 for the approval of accessory dwelling units in multifamily dwelling
line 25 structures shall ministerially consider a permit application to
line 26 construct an accessory dwelling unit that is described in paragraph
line 27 (1), and may impose standards including, but not limited to, design,
line 28 development, and historic standards on said accessory dwelling
line 29 units. These standards shall not include requirements on minimum
line 30 lot size.
line 31 (f) (1) Fees charged for the construction of accessory dwelling
line 32 units shall be determined in accordance with Chapter 5
line 33 (commencing with Section 66000) and Chapter 7 (commencing
line 34 with Section 66012).
line 35 (2) An accessory dwelling unit shall not be considered by a
line 36 local agency, special district, or water corporation to be a new
line 37 residential use for purposes of calculating connection fees or
line 38 capacity charges for utilities, including water and sewer service,
line 39 unless the accessory dwelling unit was constructed with a new
line 40 single-family dwelling.
90
SB 13 — 87 — A-87
line 1 (3) (A) A local agency, special district, or water corporation
line 2 shall not impose any impact fee upon the development of an
line 3 accessory dwelling unit less than 750 square feet. Any impact fees
line 4 charged for an accessory dwelling unit of 750 square feet or more
line 5 shall be charged proportionately in relation to the square footage
line 6 of the primary dwelling unit.
line 7 (B) For purposes of this paragraph, “impact fee” has the same
line 8 meaning as the term “fee” is defined in subdivision (b) of Section
line 9 66000, except that it also includes fees specified in Section 66477.
line 10 “Impact fee” does not include any connection fee or capacity
line 11 charge charged by a local agency, special district, or water
line 12 corporation.
line 13 (4) For an accessory dwelling unit described in subparagraph
line 14 (A) of paragraph (1) of subdivision (e), a local agency, special
line 15 district, or water corporation shall not require the applicant to
line 16 install a new or separate utility connection directly between the
line 17 accessory dwelling unit and the utility or impose a related
line 18 connection fee or capacity charge, unless the accessory dwelling
line 19 unit was constructed with a new single-family dwelling.
line 20 (5) For an accessory dwelling unit that is not described in
line 21 subparagraph (A) of paragraph (1) of subdivision (e), a local
line 22 agency, special district, or water corporation may require a new
line 23 or separate utility connection directly between the accessory
line 24 dwelling unit and the utility. Consistent with Section 66013, the
line 25 connection may be subject to a connection fee or capacity charge
line 26 that shall be proportionate to the burden of the proposed accessory
line 27 dwelling unit, based upon either its square feet or the number of
line 28 its drainage fixture unit (DFU) values, as defined in the Uniform
line 29 Plumbing Code adopted and published by the International
line 30 Association of Plumbing and Mechanical Officials, upon the water
line 31 or sewer system. This fee or charge shall not exceed the reasonable
line 32 cost of providing this service.
line 33 (g) This section does not limit the authority of local agencies
line 34 to adopt less restrictive requirements for the creation of an
line 35 accessory dwelling unit.
line 36 (h) (1) A local agency shall submit a copy of the ordinance
line 37 adopted pursuant to subdivision (a) to the Department of Housing
line 38 and Community Development within 60 days after adoption. After
line 39 adoption of an ordinance, the department may submit written
90
— 88 — SB 13 A-88
line 1 findings to the local agency as to whether the ordinance complies
line 2 with the section.
line 3 (2) (A) If the department finds that the local agency’s ordinance
line 4 does not comply with this section, the department shall notify the
line 5 local agency and shall provide the local agency with a reasonable
line 6 time, no longer than 30 days, to respond to the findings before
line 7 taking any other action authorized by this section.
line 8 (B) The local agency shall consider the findings made by the
line 9 department pursuant to subparagraph (A) and shall do one of the
line 10 following:
line 11 (i) Amend the ordinance to comply with this section.
line 12 (ii) Adopt the ordinance without changes. The local agency
line 13 shall include findings in its resolution adopting the ordinance that
line 14 explain the reasons the local agency believes that the ordinance
line 15 complies with this section despite the findings of the department.
line 16 (3) (A) If the local agency does not amend its ordinance in
line 17 response to the department’s findings or does not adopt a
line 18 resolution with findings explaining the reason the ordinance
line 19 complies with this section and addressing the department’s
line 20 findings, the department shall notify the local agency and may
line 21 notify the Attorney General that the local agency is in violation of
line 22 state law.
line 23 (B) Before notifying the Attorney General that the local agency
line 24 is in violation of state law, the department may consider whether
line 25 a local agency adopted an ordinance in compliance with this
line 26 section between January 1, 2017, and January 1, 2020.
line 27 (i) The department may review, adopt, amend, or repeal
line 28 guidelines to implement uniform standards or criteria that
line 29 supplement or clarify the terms, references, and standards set forth
line 30 in this section. The guidelines adopted pursuant to this subdivision
line 31 are not subject to Chapter 3.5 (commencing with Section 11340)
line 32 of Part 1 of Division 3 of Title 2.
line 33 (j) As used in this section, the following terms mean:
line 34 (1) “Accessory dwelling unit” means an attached or a detached
line 35 residential dwelling unit that provides complete independent living
line 36 facilities for one or more persons. It shall include permanent
line 37 provisions for living, sleeping, eating, cooking, and sanitation on
line 38 the same parcel as the single-family or multifamily dwelling is or
line 39 will be situated. An accessory dwelling unit also includes the
line 40 following:
90
SB 13 — 89 — A-89
line 1 (A) An efficiency unit.
line 2 (B) A manufactured home, as defined in Section 18007 of the
line 3 Health and Safety Code.
line 4 (2) “Accessory structure” means a structure that is accessory
line 5 and incidental to a dwelling located on the same lot.
line 6 (3) “Efficiency unit” has the same meaning as defined in Section
line 7 17958.1 of the Health and Safety Code.
line 8 (4) “Living area” means the interior habitable area of a
line 9 dwelling unit, including basements and attics, but does not include
line 10 a garage or any accessory structure.
line 11 (5) “Local agency” means a city, county, or city and county,
line 12 whether general law or chartered.
line 13 (6) “Neighborhood” has the same meaning as set forth in
line 14 Section 65589.5.
line 15 (7) “Nonconforming zoning condition” means a physical
line 16 improvement on a property that does not conform with current
line 17 zoning standards.
line 18 (8) “Passageway” means a pathway that is unobstructed clear
line 19 to the sky and extends from a street to one entrance of the
line 20 accessory dwelling unit.
line 21 (9) “Proposed dwelling” means a dwelling that is the subject
line 22 of a permit application and that meets the requirements for
line 23 permitting.
line 24 (10) “Public transit” means a location, including, but not
line 25 limited to, a bus stop or train station, where the public may access
line 26 buses, trains, subways, and other forms of transportation that
line 27 charge set fares, run on fixed routes, and are available to the
line 28 public.
line 29 (11) “Tandem parking” means that two or more automobiles
line 30 are parked on a driveway or in any other location on a lot, lined
line 31 up behind one another.
line 32 (k) A local agency shall not issue a certificate of occupancy for
line 33 an accessory dwelling unit before the local agency issues a
line 34 certificate of occupancy for the primary dwelling.
line 35 (l) Nothing in this section shall be construed to supersede or in
line 36 any way alter or lessen the effect or application of the California
line 37 Coastal Act of 1976 (Division 20 (commencing with Section 30000)
line 38 of the Public Resources Code), except that the local government
line 39 shall not be required to hold public hearings for coastal
line 40 development permit applications for accessory dwelling units.
90
— 90 — SB 13 A-90
line 1 (m) A local agency may count an accessory dwelling unit for
line 2 purposes of identifying adequate sites for housing, as specified in
line 3 subdivision (a) of Section 65583.1, subject to authorization by the
line 4 department and compliance with this division.
line 5 (n) In enforcing building standards pursuant to Article 1
line 6 (commencing with Section 17960) of Chapter 5 of Part 1.5 of
line 7 Division 13 of the Health and Safety Code for an accessory
line 8 dwelling unit described in paragraph (1) or (2) below, a local
line 9 agency, upon request of an owner of an accessory dwelling unit
line 10 for a delay in enforcement, shall delay enforcement of a building
line 11 standard, subject to compliance with Section 17980.12 of the
line 12 Health and Safety Code:
line 13 (1) The accessory dwelling unit was built before January 1,
line 14 2020.
line 15 (2) The accessory dwelling unit was built on or after January
line 16 1, 2020, in a local jurisdiction that, at the time the accessory
line 17 dwelling unit was built, had a noncompliant accessory dwelling
line 18 unit ordinance, but the ordinance is compliant at the time the
line 19 request is made.
line 20 (o) This section shall become operative on January 1, 2025.
line 21 SEC. 3. Section 17980.12 is added to the Health and Safety
line 22 Code, immediately following Section 17980.11, to read:
line 23 17980.12. (a) (1) An enforcement agency, until January 1,
line 24 2030, that issues to an owner of an accessory dwelling unit
line 25 described in subparagraph (A) or (B) below, a notice to correct a
line 26 violation of any provision of any building standard pursuant to
line 27 this part shall include in that notice a statement that the owner of
line 28 the unit has a right to request a delay in enforcement pursuant to
line 29 this subdivision:
line 30 (A) The accessory dwelling unit was built before January 1,
line 31 2020.
line 32 (B) The accessory dwelling unit was built on or after January
line 33 1, 2020, in a local jurisdiction that, at the time the accessory
line 34 dwelling unit was built, had a noncompliant accessory dwelling
line 35 unit ordinance, but the ordinance is compliant at the time the
line 36 request is made.
line 37 (2) The owner of an accessory dwelling unit that receives a
line 38 notice to correct violations or abate nuisances as described in
line 39 paragraph (1) may, in the form and manner prescribed by the
line 40 enforcement agency, submit an application to the enforcement
90
SB 13 — 91 — A-91
line 1 agency requesting that enforcement of the violation be delayed for
line 2 five years on the basis that correcting the violation is not necessary
line 3 to protect health and safety.
line 4 (3) The enforcement agency shall grant an application described
line 5 in paragraph (2) if the enforcement determines that correcting the
line 6 violation is not necessary to protect health and safety. In making
line 7 this determination, the enforcement agency shall consult with the
line 8 entity responsible for enforcement of building standards and other
line 9 regulations of the State Fire Marshal pursuant to Section 13146.
line 10 (4) The enforcement agency shall not approve any applications
line 11 pursuant to this section on or after January 1, 2030. However, any
line 12 delay that was approved by the enforcement agency before January
line 13 1, 2030, shall be valid for the full term of the delay that was
line 14 approved at the time of the initial approval of the application
line 15 pursuant to paragraph (3).
line 16 (b) For purposes of this section, “accessory dwelling unit” has
line 17 the same meaning as defined in Section 65852.2.
line 18 (c) This section shall remain in effect only until January 1, 2035,
line 19 and as of that date is repealed.
line 20 SEC. 4. (a) Sections 1.1 and 2.1 of this bill incorporate
line 21 amendments to Section 65852.2 of the Government Code proposed
line 22 by both this bill and Assembly Bill 68. Those sections of this bill
line 23 shall only become operative if (1) both bills are enacted and
line 24 become effective on or before January 1, 2020, (2) each bill
line 25 amends and adds Section 65852.2 of the Government Code, (3)
line 26 Assembly Bill 881 is not enacted or as enacted does not amend
line 27 and add that section, and (4) this bill is enacted after Assembly
line 28 Bill 68, in which case Sections 1, 1.2, 1.3, 2, 2.2, and 2.3 of this
line 29 bill shall not become operative.
line 30 (b) Sections 1.2 and 2.2 of this bill incorporates amendments
line 31 to Section 65852.2 of the Government Code proposed by both this
line 32 bill and Assembly Bill 881. That section shall only become
line 33 operative if (1) both bills are enacted and become effective on or
line 34 before January 1, 2020, (2) each bill amends and adds Section
line 35 65852.2 of the Government Code, (3) Assembly Bill 68 is not
line 36 enacted or as enacted does not amend and add that section, and
line 37 (4) this bill is enacted after Assembly Bill 881 in which case
line 38 Sections 1, 1.1, 1.3, 2, 2.1, and 2.3 of this bill shall not become
line 39 operative.
90
— 92 — SB 13 A-92
line 1 (c) Sections 1.3 and 2.3 of this bill incorporates amendments
line 2 to Section 65852.2 of the Government Code proposed by this bill,
line 3 Assembly Bill 68, and Assembly Bill 881. That section shall only
line 4 become operative if (1) all three bills are enacted and become
line 5 effective on or before January 1, 2020, (2) all three bills amend
line 6 and add Section 65852.2 of the Government Code, and (3) this
line 7 bill is enacted after Assembly Bill 68 and Assembly Bill 881, in
line 8 which case Sections 1, 1.1, 1.2, 2, 2.1, and 2.2 of this bill shall not
line 9 become operative.
line 10 SEC. 4.
line 11 SEC. 5. No reimbursement is required by this act pursuant to
line 12 Section 6 of Article XIIIB of the California Constitution because
line 13 a local agency or school district has the authority to levy service
line 14 charges, fees, or assessments sufficient to pay for the program or
line 15 level of service mandated by this act, within the meaning of Section
line 16 17556 of the Government Code.
O
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SB 13 — 93 — A-93
AMENDED IN SENATE SEPTEMBER 5, 2019
AMENDED IN SENATE JULY 11, 2019
AMENDED IN SENATE JUNE 28, 2019
AMENDED IN ASSEMBLY MAY 20, 2019
AMENDED IN ASSEMBLY APRIL 22, 2019
AMENDED IN ASSEMBLY MARCH 28, 2019
california legislature—2019–20 regular session
ASSEMBLY BILL No. 1482
Introduced by Assembly Member Chiu Members Chiu, Bloom,
Bonta, Grayson, and Wicks
(Principal coauthors: Assembly Members Bonta, Grayson, and
Wicks)
(Principal coauthors: Senators Atkins and Hertzberg)
(Coauthors: Assembly Members Bloom, Carrillo, Gonzalez,
Jones-Sawyer, Kalra, McCarty, Nazarian, Robert Rivas, Santiago,
and Ting)
(Coauthors: Senators Allen, Durazo, Leyva, Mitchell, Monning, Skinner,
and Wiener)
February 22, 2019
An act to add and repeal Sections 1946.2, 1947.12, and 1947.13 of
the Civil Code, relating to tenancy.
legislative counsel’s digest
AB 1482, as amended, Chiu. Tenancy: Tenant Protection Act of
2019: tenancy: rent caps.
93 B-1
Existing law specifies that a hiring of residential real property, for a
term not specified by the parties, is deemed to be renewed at the end
of the term implied by law unless one of the parties gives written notice
to the other of that party’s intention to terminate. Existing law requires
an owner of a residential dwelling to give notice at least 60 days prior
to the proposed date of termination, or at least 30 days prior to the
proposed date of termination if any tenant or resident has resided in the
dwelling for less than one year, as specified. Existing law requires any
notice given by an owner to be given in a prescribed manner, to contain
certain information, and to be formatted, as specified.
This bill would, with certain exceptions, prohibit an owner, as defined,
of residential real property from terminating the lease of a tenant that
has occupied the property for at least 12 months without just cause, as
defined. a tenancy without just cause, as defined, which the bill would
require to be stated in the written notice to terminate tenancy when the
tenant has continuously and lawfully occupied the residential real
property for 12 months, except as provided. The bill would require, for
certain just cause terminations that are curable, that the owner give a
notice of violation and an opportunity to cure the violation prior to
issuing the notice of termination. The bill, if the violation is not cured
within the time period set forth in the notice, would authorize a 3-day
notice to quit without an opportunity to cure to be served to terminate
the tenancy. The bill would require, for no-fault just cause terminations,
as specified, that the owner owner, at the owner’s option, either assist
certain tenants to relocate, regardless of the tenant’s income, by
providing a direct payment of one month’s rent to the tenant, as
specified. specified, or waive in writing the payment of rent for the final
month of the tenancy, prior to the rent becoming due. The bill would
require the actual amount of relocation assistance or rent waiver
provided to a tenant that fails to vacate after the expiration of the notice
to terminate the tenancy to be recoverable as damages in an action to
recover possession. The bill would provide that if the owner does not
provide relocation assistance, the notice of termination is void. The bill
would except certain properties and circumstances from the application
of its provisions. The bill would require an owner of residential property
to provide prescribed notice to a tenant of the tenant’s rights under
these provisions at the beginning of the tenancy by providing an
addendum to the lease to be signed by the tenant when the lease is
signed, and to translate the notice into the language that was used to
negotiate the lease, if applicable. The bill would not prevent local rules
93
— 2 — AB 1482 B-2
or ordinances that provide a higher level of tenant protections, as
specified. provisions. The bill would not apply to residential real
property subject to a local ordinance requiring just cause for
termination adopted on or before September 1, 2019, or to residential
real property subject to a local ordinance requiring just cause for
termination adopted or amended after September 1, 2019, that is more
protective than these provisions, as defined. The bill would void any
waiver of the rights under these provisions. The bill would repeal these
provisions as of January 1, 2023. 2030.
Existing law governs the hiring of residential dwelling units and
requires a landlord to provide specified notice to tenants prior to an
increase in rent. Existing law, the Costa-Hawkins Rental Housing Act,
prescribes statewide limits on the application of local rent control with
regard to certain properties. That act, among other things, authorizes
an owner of residential real property to establish the initial and all
subsequent rental rates for a dwelling or unit that meets specified criteria,
subject to certain limitations.
This bill would, until January 1, 2023, 2030, prohibit an owner of
residential real property from from, over the course of any 12-month
period, increasing the gross rental rate for that property a dwelling or
unit more than once annually, and prohibit the owner from increasing
the rental rate in an amount that is greater than 7% 5% plus the
percentage change in the cost of living, as defined, or 10%, whichever
is lower, more than of the lowest gross rental rate charged for the
immediately preceding 12 months, subject to specified conditions. The
bill would prohibit an owner of a unit of residential real property from
increasing the gross rental rate for the unit in more than 2 increments
over a 12-month period, after the tenant remains in occupancy of the
unit over a 12-month period. The bill would exempt certain properties
from these provisions deed-restricted affordable housing, specified
dormitories, housing that has been issued a certificate of occupancy
within the previous 10 years, housing subject to a local ordinance that
imposes a more restrictive rent increase cap than these provisions, and
specified single-family housing. provisions. The bill would require the
Legislative Analyst’s Office to submit a report, on or before January
1, 2023, 2030, to the Legislature regarding the effectiveness of these
provisions. The bill would void any waiver of the rights under these
provisions. The bill provides would provide that these provisions apply
to all rent increases occurring on or after March 15, 2019. The bill would
provide that in the event that an owner increased the rent by more than
93
AB 1482 — 3 — B-3
the amount specified above between March 15, 2019, and January 1,
2020, the applicable rent on January 1, 2020, shall be the rent as of
March 15, 2019, plus the maximum permissible increase, and the owner
shall not be liable to the tenant for any corresponding rent overpayment.
The bill would authorize an owner who increased the rent by less than
the amount specified above between March 15, 2019, and January 1,
2020, to increase the rent twice within 12 months of March 15, 2019,
but not by more than the amount specified above. The bill would void
any waiver of the rights under these provisions.
The Planning and Zoning Law requires the owner of an assisted
housing development in which there will be an expiration of rental
restrictions to, among other things, provide notice of the proposed
change to each affected tenant household residing in the assisted housing
development subject to specified procedures and requirements, and to
also provide specified entities notice and an opportunity to submit an
offer to purchase the development prior to the expiration of the rental
restrictions.
This bill would authorize an owner of an assisted housing
development, who demonstrates demonstrates, under penalty of perjury
perjury, compliance with the provisions described above with regard
to the expiration of rental restrictions, to establish the initial unassisted
rental rate for units without regard to the cap on rent increases discussed
above, but would require the owner to comply with the above cap on
rent increases for subsequent rent increases in the development. The
bill would authorize an owner of a deed-restricted affordable housing
unit or an affordable housing unit subject to a regulatory restriction
contained in an agreement with a government agency limiting rental
rates that is not within an assisted housing development to establish
the initial rental rate for the unit upon the expiration of the restriction,
but would require the owner to comply with the above cap on rent
increases for subsequent rent increases for the unit. The bill would
repeal these provisions on January 1, 2030. The bill would void any
waiver of the rights under these provisions. By requiring an owner of
an assisted housing development to demonstrate compliance with
specified provisions under penalty of perjury, this bill would expand
the existing crime of perjury and thus 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.
93
— 4 — AB 1482 B-4
This bill would provide that no reimbursement is required by this act
for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
The people of the State of California do enact as follows:
line 1 SECTION 1. This act shall be known, and may be cited, as the
line 2 Tenant Protection Act of 2019.
line 3 SECTION 1.
line 4 SEC. 2. Section 1946.2 is added to the Civil Code, to read:
line 5 1946.2. (a) Notwithstanding any other law, an after a tenant
line 6 has continuously and lawfully occupied a residential real property
line 7 for 12 months, the owner of the residential real property, in which
line 8 the tenant has occupied the residential real property for 12 months
line 9 or more, with or without a written lease, property shall not
line 10 terminate the lease tenancy without just cause, which shall be
line 11 stated in the written notice to terminate tenancy set forth in Section
line 12 1946.1. tenancy. If any additional adult tenants are added to the
line 13 lease before an existing tenant has continuously and lawfully
line 14 occupied the residential real property for 24 months, then this
line 15 subdivision shall only apply if either of the following are satisfied:
line 16 (1) All of the tenants have continuously and lawfully occupied
line 17 the residential real property for 12 months or more.
line 18 (2) One or more tenants have continuously and lawfully
line 19 occupied the residential real property for 24 months or more.
line 20 (b) For purposes of this section, “just cause” includes either of
line 21 the following:
line 22 (1) At-fault just cause, which is any of the following:
line 23 (A) Default in the payment of rent.
line 24 (B) A breach of a material term of the lease, as described in
line 25 paragraph (3) of Section 1161 of the Code of Civil Procedure,
line 26 including, but not limited to, violation of a provision of the lease
line 27 after being issued a written notice to correct the violation.
line 28 (C) Maintaining, committing, or permitting the maintenance or
line 29 commission of a nuisance as described in paragraph (4) of Section
line 30 1161 of the Code of Civil Procedure.
line 31 (D) Committing waste as described in paragraph (4) of Section
line 32 1161 of the Code of Civil Procedure.
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AB 1482 — 5 — B-5
line 1 (E) The tenant had a written lease that terminated on or after
line 2 January 1, 2020, and after a written request or demand from the
line 3 owner, the tenant has refused to execute a written extension or
line 4 renewal of the lease for an additional term of similar duration with
line 5 similar provisions, provided that those terms do not violate this
line 6 section or any other provision of law.
line 7 (F) Criminal activity by the tenant on the premises, residential
line 8 real property, including any common areas, or any criminal activity
line 9 or criminal threat, as defined in subdivision (a) of Section 422 of
line 10 the Penal Code, on or off the residential real property, that is
line 11 directed at any owner or agent of the owner of the premises.
line 12 residential real property.
line 13 (G) Assigning or subletting the premises in violation of the
line 14 tenant’s lease. lease, as described in paragraph (4) of Section 1161
line 15 of the Code of Civil Procedure.
line 16 (H) The tenant’s refusal to allow the owner to enter the dwelling
line 17 pursuant to a request consistent with Section residential real
line 18 property as authorized by Sections 1101.5 and 1954 of the Civil
line 19 Code. this code, and Sections 13113.7 and 17926.1 of the Health
line 20 and Safety Code.
line 21 (I) Using the premises for an unlawful purpose as described in
line 22 paragraph (4) of Section 1161 of the Code of Civil Procedure.
line 23 (J) The employee, agent, or licensee’s failure to vacate after
line 24 their termination as an employee, agent, or a licensee as described
line 25 in paragraph (1) of Section 1161 of the Code of Civil Procedure.
line 26 (K) When the tenant fails to deliver possession of the residential
line 27 real property after providing the owner written notice as provided
line 28 in Section 1946 of the tenant’s intention to terminate the hiring of
line 29 the real property, or makes a written offer to surrender that is
line 30 accepted in writing by the landlord, but fails to deliver possession
line 31 at the time specified in that written notice as described in
line 32 paragraph (5) of Section 1161 of the Code of Civil Procedure.
line 33 (2) No-fault just cause, which includes any of the following:
line 34 (A) (i) Intent to occupy the residential real property by the
line 35 owner or their spouse, domestic partner, children, grandchildren,
line 36 parents, or grandparents.
line 37 (ii) For leases entered into on or after January July 1, 2020,
line 38 clause (i) shall apply only if the tenant agrees, in writing, to the
line 39 termination, or if a provision of the lease allows the owner to
line 40 terminate the lease if the owner, or their spouse, domestic partner,
93
— 6 — AB 1482 B-6
line 1 children, grandchildren, parents, or grandparents, unilaterally
line 2 decides to occupy the residential real property. Addition of a
line 3 provision allowing the owner to terminate the lease as described
line 4 in this clause to a new or renewed rental agreement or fixed-term
line 5 lease constitutes a similar provision for the purposes of
line 6 subparagraph (E) of paragraph (1).
line 7 (B) Withdrawal of the residential real property from the rental
line 8 market.
line 9 (C) Unsafe habitation, as determined by a government agency
line 10 that has issued an order to vacate, order to comply, or other order
line 11 that necessitates vacating the residential property.
line 12 (C) (i) The owner complying with any of the following:
line 13 (I) An order issued by a government agency or court relating
line 14 to habitability that necessitates vacating the residential real
line 15 property.
line 16 (II) An order issued by a government agency or court to vacate
line 17 the residential real property.
line 18 (III) A local ordinance that necessitates vacating the residential
line 19 real property.
line 20 (ii) If it is determined by any government agency or court that
line 21 the tenant is at fault for the condition or conditions triggering the
line 22 order or need to vacate under clause (i), the tenant shall not be
line 23 entitled to relocation assistance as outlined in paragraph (3) of
line 24 subdivision (d).
line 25 (D) (i) Intent to demolish or to substantially remodel. remodel
line 26 the residential real property.
line 27 (ii) For purposes of this subparagraph, “substantially remodel”
line 28 means the replacement or substantial modification of any
line 29 structural, electrical, plumbing, or mechanical system that requires
line 30 a permit from a governmental agency, or the abatement of
line 31 hazardous materials, including lead-based paint, mold, or asbestos,
line 32 in accordance with applicable federal, state, and local laws, that
line 33 cannot be reasonably accomplished in a safe manner with the
line 34 tenant in place and that requires the tenant to vacate the residential
line 35 real property for at least 30 days. Cosmetic improvements alone,
line 36 including painting, decorating, and minor repairs, or other work
line 37 that can be performed safely without having the residential real
line 38 property vacated, do not qualify as substantial rehabilitation.
line 39 (c) Before an owner of residential real property issues a tenant
line 40 a notice to terminate a tenancy for just cause that is a curable lease
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AB 1482 — 7 — B-7
line 1 violation, the owner shall first give notice of the violation to the
line 2 tenant with an opportunity to cure the violation pursuant to
line 3 paragraph (3) of Section 1161 of the Code of Civil Procedure. If
line 4 the violation is not cured within the time period set forth in the
line 5 notice, a three-day notice to quit without an opportunity to cure
line 6 may thereafter be served to terminate the tenancy.
line 7 (d) (1) If For a tenancy for which just cause is required to
line 8 terminate the tenancy under subdivision (a), if an owner of
line 9 residential real property issues a no-fault just cause termination
line 10 notice to terminate a tenancy to a tenant who has resided on the
line 11 residential real property for 12 months or more, based on a no-fault
line 12 just cause described in paragraph (2) of subdivision (b), the owner
line 13 shall assist the tenant, regardless of the tenant’s income, to relocate
line 14 by providing a direct payment to the tenant as described in
line 15 paragraph (3). shall, regardless of the tenant’s income, at the
line 16 owner’s option, do one of the following:
line 17 (A) Assist the tenant to relocate by providing a direct payment
line 18 to the tenant as described in paragraph (3).
line 19 (B) Waive in writing the payment of rent for the final month of
line 20 the tenancy, prior to the rent becoming due.
line 21 (2) If an owner issues a notice to terminate a tenancy for no-fault
line 22 just cause, the owner shall notify the tenant of the tenant’s right
line 23 to relocation assistance or rent waiver pursuant to this section. If
line 24 the owner elects to waive the rent for the final month of the tenancy
line 25 as provided in subparagraph (B) of paragraph (1), the notice shall
line 26 state the amount of rent waived and that no rent is due for the final
line 27 month of the tenancy.
line 28 (3) (A) The amount of relocation assistance or rent waiver shall
line 29 be equal to one month of the tenant’s rent that was in effect when
line 30 the owner issued the notice to terminate the tenancy and tenancy.
line 31 Any relocation assistance shall be provided within five 15 calendar
line 32 days of service of the notice. The owner and tenant may also agree,
line 33 in lieu of direct payment, to waive the payment of rent for the
line 34 month after the notice is given.
line 35 (B) If a tenant fails to vacate after the expiration of the notice
line 36 to terminate the tenancy, the actual amount of any relocation
line 37 assistance or rent waiver provided pursuant to this subdivision
line 38 shall be recoverable as damages in an action to recover possession.
93
— 8 — AB 1482 B-8
line 1 (C) The relocation assistance or rent waiver required by this
line 2 subdivision shall be credited against any other relocation
line 3 assistance required by any other law.
line 4 (4) An owner’s failure to strictly comply with this subdivision
line 5 shall render the notice of termination void.
line 6 (e) This section shall not apply to the following types of
line 7 residential real properties or residential circumstances:
line 8 (1) Transient and tourist hotel occupancy as defined in
line 9 subdivision (b) of Section 1940.
line 10 (2) Housing accommodations in a nonprofit hospital, religious
line 11 facility, or facility, extended care facility. facility, licensed
line 12 residential care facility for the elderly, as defined in Section 1569.2
line 13 of the Health and Safety Code, or an adult residential facility, as
line 14 defined in Chapter 6 of Division 6 of Title 22 of the Manual of
line 15 Policies and Procedures published by the State Department of
line 16 Social Services.
line 17 (3) Dormitories owned and operated by an institution of higher
line 18 education or a kindergarten and grades 1 to 12, inclusive, school.
line 19 (4) Housing accommodations in which the tenant shares
line 20 bathroom or kitchen facilities with the owner who maintains their
line 21 principal residence at the residential real property.
line 22 (5) Single-family owner-occupied residences, including a
line 23 residence in which the owner-occupant rents or leases no more
line 24 than two units or bedrooms, including, but not limited to, an
line 25 accessory dwelling unit or a junior accessory dwelling unit.
line 26 (6) A duplex in which the owner occupied one of the units as
line 27 the owner’s principal place of residence at the beginning of the
line 28 tenancy, so long as the owner continues in occupancy.
line 29 (6)
line 30 (7) Housing that has been issued a certificate of occupancy
line 31 within the previous 10 15 years.
line 32 (7) Housing that is a detached single-family residential dwelling
line 33 unit that meets both of the following requirements:
line 34 (A) The owner is a natural person who owns and leases no more
line 35 than 10 units and does not have an ownership interest in any other
line 36 rental residential real property through any other entity.
line 37 (B) There is a written lease for the dwelling that includes a
line 38 provision certifying that the owner meets the provisions of
line 39 subparagraph (A) and notifying the tenant that the dwelling is not
line 40 subject to this section.
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AB 1482 — 9 — B-9
line 1 (f) An owner of residential real property subject to this section
line 2 shall provide notice to a tenant of the tenant’s rights under this
line 3 section at the beginning of the tenancy by providing an addendum
line 4 to the lease which shall be signed by the tenant when the lease is
line 5 signed.
line 6 (8) Residential real property that is alienable separate from the
line 7 title to any other dwelling unit, provided that both of the following
line 8 apply:
line 9 (A) The owner is not any of the following:
line 10 (i) A real estate investment trust, as defined in Section 856 of
line 11 the Internal Revenue Code.
line 12 (ii) A corporation.
line 13 (iii) A limited liability company in which at least one member
line 14 is a corporation.
line 15 (B) (i) The tenants have been provided written notice that the
line 16 residential property is exempt from this section using the following
line 17 statement:
line 18
line 19 “This property is not subject to the rent limits imposed by Section
line 20 1947.12 of the Civil Code and is not subject to the just cause
line 21 requirements of Section 1946.2 of the Civil Code. This property
line 22 meets the requirements of Sections 1947.12 (d)(5) and 1946.2
line 23 (e)(8) of the Civil Code and the owner is not any of the following:
line 24 (1) a real estate investment trust, as defined by Section 856 of the
line 25 Internal Revenue Code; (2) a corporation; or (3) a limited liability
line 26 company in which at least one member is a corporation.”
line 27
line 28 (ii) For a tenancy existing before July 1, 2020, the notice
line 29 required under clause (i) may, but is not required to, be provided
line 30 in the rental agreement.
line 31 (iii) For any tenancy commenced or renewed on or after July
line 32 1, 2020, the notice required under clause (i) must be provided in
line 33 the rental agreement.
line 34 (iv) Addition of a provision containing the notice required under
line 35 clause (i) to any new or renewed rental agreement or fixed-term
line 36 lease constitutes a similar provision for the purposes of
line 37 subparagraph (E) of paragraph (1) of subdivision (b).
line 38 (9) Housing restricted by deed, regulatory restriction contained
line 39 in an agreement with a government agency, or other recorded
line 40 document as affordable housing for persons and families of very
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— 10 — AB 1482 B-10
line 1 low, low, or moderate income, as defined in Section 50093 of the
line 2 Health and Safety Code, or subject to an agreement that provides
line 3 housing subsidies for affordable housing for persons and families
line 4 of very low, low, or moderate income, as defined in Section 50093
line 5 of the Health and Safety Code or comparable federal statutes.
line 6 (f) An owner of residential real property subject to this section
line 7 shall provide notice to the tenant as follows:
line 8 (1) For any tenancy commenced or renewed on or after July 1,
line 9 2020, as an addendum to the lease or rental agreement, or as a
line 10 written notice signed by the tenant, with a copy provided to the
line 11 tenant.
line 12 (2) For a tenancy existing prior to July 1, 2020, by written notice
line 13 to the tenant no later than August 1, 2020, or as an addendum to
line 14 the lease or rental agreement.
line 15 (3) The notification or lease provision shall be in no less than
line 16 12-point type, and shall include the following:
line 17
line 18 “California law limits the amount your rent can be increased. See
line 19 Section 1947.12 of the Civil Code for more information. California
line 20 law also provides that after all of the tenants have continuously
line 21 and lawfully occupied the property for 12 months or more or at
line 22 least one of the tenants has continuously and lawfully occupied
line 23 the property for 24 months or more, a landlord must provide a
line 24 statement of cause in any notice to terminate a tenancy. See Section
line 25 1946.2 of the Civil Code for more information.”
line 26
line 27 The provision of the notice shall be subject to Section 1632.
line 28 (g) This section does not prevent the enforcement of an existing
line 29 local rule or ordinance, or the adoption of a local rule or ordinance
line 30 that is consistent with Chapter 2.7 (commencing with Section
line 31 1954.50), that requires just cause for termination of a residential
line 32 tenancy that further limits or specifies the allowable reasons for
line 33 eviction, requires longer notice or additional procedures for
line 34 evicting tenants, provides for higher relocation assistance amounts,
line 35 or is determined to provide a higher level of tenant protections
line 36 than this section.
line 37 (g) (1) This section does not apply to the following residential
line 38 real property:
line 39 (A) Residential real property subject to a local ordinance
line 40 requiring just cause for termination of a residential tenancy
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AB 1482 — 11 — B-11
line 1 adopted on or before September 1, 2019, in which case the local
line 2 ordinance shall apply.
line 3 (B) Residential real property subject to a local ordinance
line 4 requiring just cause for termination of a residential tenancy
line 5 adopted or amended after September 1, 2019, that is more
line 6 protective than this section, in which case the local ordinance shall
line 7 apply. For purposes of this subparagraph, an ordinance is “more
line 8 protective” if it meets all of the following criteria:
line 9 (i) The just cause for termination of a residential tenancy under
line 10 the local ordinance is consistent with this section.
line 11 (ii) The ordinance further limits the reasons for termination of
line 12 a residential tenancy, provides for higher relocation assistance
line 13 amounts, or provides additional tenant protections that are not
line 14 prohibited by any other provision of law.
line 15 (iii) The local government has made a binding finding within
line 16 their local ordinance that the ordinance is more protective than
line 17 the provisions of this section.
line 18 (2) A residential real property shall not be subject to both a
line 19 local ordinance requiring just cause for termination of a residential
line 20 tenancy and this section.
line 21 (3) A local ordinance adopted after September 1, 2019, that is
line 22 less protective than this section shall not be enforced unless this
line 23 section is repealed.
line 24 (h) Any waiver of the rights under this section shall be void as
line 25 contrary to public policy.
line 26 (i) For the purposes of this section, “owner” means the same as
line 27 defined in Section 1954.51. the following definitions shall apply:
line 28 (1) “Owner” and “residential real property” have the same
line 29 meaning as those terms are defined in Section 1954.51.
line 30 (2) “Tenancy” means the lawful occupation of residential real
line 31 property and includes a lease or sublease.
line 32 (j) This section shall remain in effect only until January 1, 2023,
line 33 2030, and as of that date is repealed.
line 34 SEC. 2.
line 35 SEC. 3. Section 1947.12 is added to the Civil Code, to read:
line 36 1947.12. (a) (1) Subject to the provisions of subdivision (b),
line 37 an owner of residential real property shall not not, over the course
line 38 of any 12-month period, increase the gross rental rate for that
line 39 property a dwelling or a unit more than once annually. The annual
line 40 increase shall not exceed 7 5 percent plus the percentage change
93
— 12 — AB 1482 B-12
line 1 in the cost of living, or 10 percent, whichever is lower, of the
line 2 lowest gross rental amount rate charged for that property dwelling
line 3 or unit at any time during the 12 months prior to the effective date
line 4 of the increase. In determining the lowest gross rental amount
line 5 pursuant to this section, any rent discounts, incentives, concessions,
line 6 or credits offered by the owner of such unit of residential real
line 7 property and accepted by the tenant shall be excluded. The gross
line 8 per-month rental rate and any owner-offered discounts, incentives,
line 9 concessions, or credits shall be separately listed and identified in
line 10 the lease or rental agreement or any amendments to an existing
line 11 lease or rental agreement.
line 12 (b) (1) Subdivision (a) shall apply to partial changes in tenancy
line 13 of a residential rental property where one or more of the tenants
line 14 remains an occupant in lawful possession of the property.
line 15 (2) Subdivision (a) shall not apply to new tenancies where no
line 16 tenants from the prior lease remain an occupant in lawful
line 17 possession of the residential real property.
line 18 (2) If the same tenant remains in occupancy of a unit of
line 19 residential real property over any 12-month period, the gross
line 20 rental rate for the unit of residential real property shall not be
line 21 increased in more than two increments over that 12-month period,
line 22 subject to the other restrictions of this subdivision governing gross
line 23 rental rate increase.
line 24 (b) For a new tenancy in which no tenant from the prior tenancy
line 25 remains in lawful possession of the residential real property, the
line 26 owner may establish the initial rental rate not subject to subdivision
line 27 (a). Subdivision (a) is only applicable to subsequent increases
line 28 after that initial rental rate has been established.
line 29 (c) A tenant of residential real property subject to this section
line 30 shall not enter into a sublease that results in a total rent for the
line 31 premises that exceeds the allowable rental rate authorized by
line 32 subdivision (a). Nothing in this subdivision authorizes a tenant to
line 33 sublet or assign the tenant’s interest where otherwise prohibited.
line 34 (c)
line 35 (d) This section shall not apply to the following residential rental
line 36 real properties:
line 37 (1) Deed-restricted Housing restricted by deed, regulatory
line 38 restriction contained in an agreement with a government agency,
line 39 or other recorded document as affordable housing for persons and
line 40 families of very low, low, or moderate income, as defined in
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line 1 Section 50093 of the Health and Safety Code. Code, or subject to
line 2 an agreement that provides housing subsidies for affordable
line 3 housing for persons and families of very low, low, or moderate
line 4 income, as defined in Section 50093 of the Health and Safety Code
line 5 or comparable federal statutes.
line 6 (2) Dormitories constructed and maintained in connection with
line 7 any higher education institution within the state for use and
line 8 occupancy by students in attendance at the institution.
line 9 (3) Housing subject to any form of rent or price control through
line 10 a public entity’s valid exercise of its police power consistent with
line 11 Chapter 2.7 (commencing with Section 1954.50) that restricts
line 12 annual increases in the rental rate to an amount less than that
line 13 provided in subdivision (a).
line 14 (4) Housing that has been issued a certificate of occupancy
line 15 within the previous 10 15 years.
line 16 (5) Housing that is a detached single-family residential dwelling
line 17 unit that meets both of the following requirements:
line 18 (A) The owner is a natural person who owns and leases no more
line 19 than 10 units and does not lease any other residential property
line 20 through any other entity.
line 21 (B) The dwelling has a written lease, compliant with Section
line 22 1632, that includes a provision certifying that the owner meets the
line 23 provisions of subparagraph (A) and notifying the tenant that the
line 24 dwelling is not subject to this section.
line 25 (5) Residential real property that is alienable separate from the
line 26 title to any other dwelling unit, provided that both of the following
line 27 apply:
line 28 (A) The owner is not any of the following:
line 29 (i) A real estate investment trust, as defined in Section 856 of
line 30 the Internal Revenue Code.
line 31 (ii) A corporation.
line 32 (iii) A limited liability company in which at least one member
line 33 is a corporation.
line 34 (B) (i) The tenants have been provided written notice that the
line 35 residential real property is exempt from this section using the
line 36 following statement:
line 37
line 38 “This property is not subject to the rent limits imposed by Section
line 39 1947.12 of the Civil Code and is not subject to the just cause
line 40 requirements of Section 1946.2 of the Civil Code. This property
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line 1 meets the requirements of Sections 1947.12 (c)(5) and 1946.2
line 2 (e)(7) of the Civil Code and the owner is not any of the following:
line 3 (1) a real estate investment trust, as defined by Section 856 of the
line 4 Internal Revenue Code; (2) a corporation; or (3) a limited liability
line 5 company in which at least one member is a corporation.”
line 6
line 7 (ii) For a tenancy existing before July 1, 2020, the notice
line 8 required under clause (i) may, but is not required to, be provided
line 9 in the rental agreement.
line 10 (iii) For a tenancy commenced or renewed on or after July 1,
line 11 2020, the notice required under clause (i) must be provided in the
line 12 rental agreement.
line 13 (iv) Addition of a provision containing the notice required under
line 14 clause (i) to any new or renewed rental agreement or fixed-term
line 15 lease constitutes a similar provision for the purposes of
line 16 subparagraph (E) of paragraph (1) of subdivision (b) of Section
line 17 1946.2.
line 18 (6) A duplex in which the owner occupied one of the units as
line 19 the owner’s principal place of residence at the beginning of the
line 20 tenancy, so long as the owner continues in occupancy.
line 21 (d)
line 22 (e) An owner shall provide notice of any increase in the rental
line 23 rate, pursuant to subdivision (a), to each tenant in accordance with
line 24 Section 827.
line 25 (e)
line 26 (f) (1) On or before January 1, 2023, 2030, the Legislative
line 27 Analyst’s Office shall report to the Legislature regarding the
line 28 effectiveness of this section and Section 1947.13. The report shall
line 29 include, but not be limited to, the impact of the rental rate cap
line 30 pursuant to subdivision (a) on the housing market within the state.
line 31 (2) The report required by paragraph (1) shall be submitted in
line 32 compliance with Section 9795 of the Government Code.
line 33 (f)
line 34 (g) For the purposes of this section, the following definitions
line 35 shall apply:
line 36 (1) “Owner” and “residential real property” shall mean the
line 37 same as have the same meaning as those terms are defined in
line 38 Section 1954.51.
line 39 (2) “Percentage change in the cost of living” means the
line 40 percentage change from April 1 of the prior year to April 1 of the
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line 1 current year in the regional Consumer Price Index for the region
line 2 where the residential real property is located, as published by the
line 3 United States Bureau of Labor Statistics. If a regional index is not
line 4 available, the California Consumer Price Index for All Urban
line 5 Consumers for all items, as determined by the Department of
line 6 Industrial Relations, shall apply.
line 7 (3) “Residential real property” means any dwelling or unit that
line 8 is intended for human habitation.
line 9 (4)
line 10 (3) “Tenancy” means the lawful occupation of residential real
line 11 property and includes a lease or sublease.
line 12 (g)
line 13 (h) (1) This section shall apply to all rent increases subject to
line 14 subdivision (a) occurring on or after March 15, 2019. This section
line 15 shall become operative January 1, 2020.
line 16 (2) In the event that an owner has increased the rent by more
line 17 than the amount permissible under subdivision (a) between March
line 18 15, 2019, and January 1, 2020, both of the following shall apply:
line 19 (A) The applicable rent on January 1, 2020, shall be the rent as
line 20 of March 15, 2019, plus the maximum permissible increase under
line 21 subdivision (a).
line 22 (B) An owner shall not be liable to the tenant for any
line 23 corresponding rent overpayment.
line 24 (3) An owner of residential real property subject to subdivision
line 25 (a) who increased the rental rate on that residential real property
line 26 on or after March 15, 2019, but prior to January 1, 2020, by an
line 27 amount less than the rental rate increase permitted by subdivision
line 28 (a) shall be allowed to increase the rental rate twice, as provided
line 29 in paragraph (2) of subdivision (a), within 12 months of March
line 30 15, 2019, but in no event shall that rental rate increase exceed the
line 31 maximum rental rate increase permitted by subdivision (a).
line 32 (h)
line 33 (i) Any waiver of the rights under this section shall be void as
line 34 contrary to public policy.
line 35 (i)
line 36 (j) This section shall remain in effect until January 1, 2023,
line 37 2030, and as of that date is repealed.
line 38 (j) It is the intent of the Legislature that this section is intended
line 39 to respond to the unique circumstances of the current housing
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line 1 crisis, and to only apply for a limited time, as described in
line 2 subdivision (i).
line 3 (k) (1) The Legislature finds and declares that the unique
line 4 circumstances of the current housing crisis require a statewide
line 5 response to address rent gouging by establishing statewide
line 6 limitations on gross rental rate increases.
line 7 (2) It is the intent of the Legislature that this section should
line 8 apply only for the limited time needed to address the current
line 9 statewide housing crisis, as described in paragraph (1). This
line 10 section is not intended to expand or limit the authority of local
line 11 governments to establish local policies regulating rents consistent
line 12 with Chapter 2.7 (commencing with Section 1954.50), nor is it a
line 13 statement regarding the appropriate, allowable rental rate increase
line 14 when a local government adopts a policy regulating rent that is
line 15 otherwise consistent with Chapter 2.7 (commencing with Section
line 16 1954.50).
line 17 (3) Nothing in this section authorizes a local government to
line 18 establish limitations on any rental rate increases not otherwise
line 19 permissible under Chapter 2.7 (commencing with Section 1954.50),
line 20 or affects the existing authority of a local government to adopt or
line 21 maintain rent controls or price controls consistent with that
line 22 chapter.
line 23 SEC. 3.
line 24 SEC. 4. Section 1947.13 is added to the Civil Code, to read:
line 25 1947.13. (a) Notwithstanding Section 1947.12, upon the
line 26 expiration of rental restrictions, the following shall apply:
line 27 (1) The owner of an assisted housing development who
line 28 demonstrates demonstrates, under penalty of perjury, compliance
line 29 with all applicable provisions of Sections 65863.10, 65863.11, and
line 30 65863.13 of the Government Code, Code and any other applicable
line 31 law or regulation intended to promote the preservation of assisted
line 32 housing housing, may establish the initial unassisted rental rate
line 33 for units in the applicable housing development. Any subsequent
line 34 rent increase in the development shall be subject to Section
line 35 1947.12.
line 36 (2) The owner of a deed-restricted affordable housing unit or
line 37 an affordable housing unit subject to a regulatory restriction
line 38 contained in an agreement with a government agency limiting
line 39 rental rates that is not within an assisted housing development
line 40 may establish the initial rental rate for the unit upon the expiration
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line 1 of the restriction. Any subsequent rent increase for the unit shall
line 2 be subject to Section 1947.12.
line 3 (b) For purposes of this section:
line 4 (1) “Assisted housing development” has the same meaning as
line 5 defined in paragraph (3) of subdivision (a) of Section 65863.10 of
line 6 the Government Code.
line 7 (2) “Expiration of rental restrictions” has the same meaning as
line 8 defined in paragraph (5) of subdivision (a) of Section 65863.10 of
line 9 the Government Code.
line 10 (c) This section shall remain in effect until January 1, 2023,
line 11 2030, and as of that date is repealed.
line 12 (d) Any waiver of the rights under this section shall be void as
line 13 contrary to public policy.
line 14 SEC. 4.
line 15 SEC. 5. No reimbursement is required by this act pursuant to
line 16 Section 6 of Article XIIIB of the California Constitution because
line 17 the only costs that may be incurred by a local agency or school
line 18 district will be incurred because this act creates a new crime or
line 19 infraction, eliminates a crime or infraction, or changes the penalty
line 20 for a crime or infraction, within the meaning of Section 17556 of
line 21 the Government Code, or changes the definition of a crime within
line 22 the meaning of Section 6 of Article XIIIB of the California
line 23 Constitution.
O
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