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HomeMy WebLinkAbout08. PH-2 - CODE AMENDMENT CO-17-01, ACCESSORY DWELLING UNITS CITY COUNCIL AGENDA REPORT MEETING DATE: JANUARY 2, 2018 ITEM NUMBER: PH-2 SUBJECT: AN ORDINANCE TO ADOPT CODE AMENDMENT CO-17-01 AMEND ING TITLE 13, ARTICLE 2 CHAPTER I, IV, V, VI OF THE COSTA MESA MUNICIPAL CODE RELATED TO ACCESSORY DWELLING UNITS DATE: DECEMBER 15, 2017 FROM: PLANNING DIVISION/DEVELOPMENT SERVICES DEPARTMENT PRESENTATION BY: MINOO ASHABI, PRINCIPAL PLANNER FOR FURTHER INFORMATION CONTACT: MINOO ASHABI, AIA (714) 754-5610 minoo.ashabi@costamesaca.gov RECOMMENDATION 1. Find that the ordinance is statutorily exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15282(h) of the CEQA Guidelines, which states that “the adoption of an ordinance regarding second units in a single-family or multifamily zone by a city to implement the provisions of Sections 65852.1 and 65852.2 of the Government Code” relating to “granny” housing and “second unit ordinances” are exempt from the requirements of CEQA; and 2. Introduce for first reading Ordinance No. 18-xx adopting Code Amendment CO-17- 01 for the following amendments to Title 13 (Zoning Code): • Chapter I, Article 2, Section 13-6: Replace Second Unit definition with Accessory Dwelling Units (ADU) definition; • Chapter IV, Section 13-30: Create a consistent reference to ADU as a land use category for R-1 and R2-MD zones; • Chapter V, Article 1, Section 13-35: Revise certain development standards of Second Units (parking, owner occupancy, maximum size, etc.); and • Chapter VI, Section 13.85: Amend residential parking requirements to include a minimum of one parking space per bedroom or a maximum of one parking for detached ADU with certain exceptions to allow for carpool, transit use, etc. BACKGROUND California Government Code Section 65852.2 regarding Second Units was first enacted in 1982 and has been amended several times to encourage the creation of second units while maintaining local flexibility for unique circumstances and conditions. Second units are now referred to as “accessory dwelling units” or ADUs. In September 2016, the State Legislature passed Assembly Bill 2299 (Bloom) and Senate Bill 1069 (Wieckowski) amending California Government Code Section 65852.2 related to ADUs, (Attachment Nos. 2 and 3). The two bills, which took effect on January 1, 2017, address local authority to regulate the development of second units within single family and multiple family residential zones. An ADU is defined as a secondary dwelling unit with complete independent living facilities for one or more persons and generally provided in three forms: • Detached: The unit is separated from the primary structure • Attached: The unit is attached to the primary structure • Repurposed Existing Space: Space (e.g., master bedroom) within the primary residence is converted into an independent living unit The bills were intended to reduce barriers to the development of ADUs, which have been found to be an affordable-by-design type of in-fill housing that can meet the needs of couples, small families, young people, students, and seniors by offering new below- market rentals in existing neighborhoods. In addition to providing an added source of income, an ADU can give homeowners the flexibility to share independent living areas with family members and others; allow seniors to age in place as they require more care; and, help extended families be near one another while maintaining privacy. The Department of Housing and Community Development (HCD) has confirmed that ADUs can be counted toward a city’s compliance with the Regional Housing Needs Allocation (RHNA). The City regulates ADUs through Zoning Code Section 13-35 Second Units. The current development standards and other City regulations do not fully comply with the new State law and to the extent they conflict with certain provisions of state law are now void. Until the local regulations comply with the new state law, the City must use the State’s more lenient ADU review standards. The State standards require ministerial approval (no discretion or public hearing) of an ADU in single-family and multi-family zones where only a single-family unit is present, provided other minimal standards are met. The City will regain the ability to regulate additional aspects of ADUs, such as location, lot size, unit size, parking, and aesthetics once it adopts a new ordinance in compliance with State law. An additional bill, AB 2406, establishes a new class of ADUs called Junior Accessory Dwelling Units (JADUs) that are entirely contained within the footprint of existing homes. Implementation of AB 2406 is optional and if the City does not adopt an ordinance, the state regulations are not mandated. At this time, staff does not recommend implementing AB 2406 as part of the City’s new ADU Ordinance because implementation of SB 1069 and AB 2299 will allow for an efficiency unit as small as 400 square feet, thereby incorporating many of the provisions of AB 2406. The Planning Commission held two public hearings to consider this matter and, on October 9, 2017, recommended adoption of the draft ordinance on a 4-1 vote (Commissioner Harlan voting against). For additional background information, please refer to the September 11, 2017 and October 9, 2017 Planning Commission staff reports at this link: http://www.costamesaca.gov/index.aspx?page=2049 Subsequent to Planning Commission consideration of this matter, staff has learned that AB 494 was signed by the governor and will become effective January 1, 2018. AB 494 consisted mainly of minor technical changes to the laws relating to ADUs. However, there were a few revisions of note. To ensure compliance with the recently enacted AB 494, staff has recommended slight revisions to the ordinance that was recommended by the Commission. The following modifications were made to the draft ordinance (Attachment 1): • Parking - One parking space shall be provided for an accessory dwelling unit unless the accessory dwelling unit has no bedrooms, in which case, no parking space is required. • Tandem parking - means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another. (The state does not currently define “tandem” spaces). City’s Current Requirements Costa Mesa’s Zoning Code allows second units only in R1 (single-family residential district) zones. Second units have been referred to as “accessory apartments” and/or “granny flats.” On October 04, 2011, the City Council adopted ordinance No. 11-10 that established the following development standards related to Second Units: • Minimum lot size requirements (8,500 SF) • Two open parking spaces required • Parking compliance for existing residence (off-street parking as established by the Zoning Code) Additionally, the primary residence was required to remain occupied by the property owner. To ensure this, recordation of a land use restriction was required. As noted previously, the above standards are inconsistent with the new State requirements and necessitate the initiation of a code amendment. ANALYSIS Code Amendment CO-17-01 The purpose of the proposed code amendment is to make the City’s standards consistent with State law and, where possible, establish minimums standards that maintain the character and livability of Costa Mesa’s residential neighborhoods. Other Orange County Cities Several cities in Orange County have adopted ADU ordinances that regulate minimum lot size and other related issues, such as parking exemptions for public transit. State law provides an exemption from required parking when a property is located within one-half mile of a public transit route; however, there is not a specific definition of “public transit” in the adopted bills. Some cities have adopted ordinances variously defining public transit routes; for example: • City of Newport Beach: “Public transit” shall include a bus stop with fixed route bus service that provides transit services at 15-minute or better intervals during peak commute periods. Minimum lot size for an ADU is 5,000 square feet. • City of Anaheim: The ordinance includes a map indicating the bus stops and the buffer zones, no specific definition was adopted. Minimum lot size for an ADU is 5,000 square feet. • City of Lake Forest: Language consistent with State law referring to public transit. Minimum lot size for an ADU is 4,000 square feet. • City of Garden Grove: Language consistent with State law referring to public transit. Minimum lot size for an ADU is 7,200 square feet. • City of Westminster: Language consistent with State law referring to public transit. Minimum lot size for an ADU is 6,000 square feet for interior lots and 6,500 square feet for corner lots. Applying the State’s “one-half mile to public transit route” criteria to Costa Mesa, which currently has two major bus routes north and south and along Newport Boulevard, could result in an ADU parking exemption for a large percentage of the R-1 and R2-MD parcels (Attachment 6). There is no associated requirement that precludes those receiving a parking exemption from having a car. There would simply not be a parking space required; regardless of whether the resident of the ADU had a car. In addition, there is evidence that bus ridership is down. Furthermore, bus routes have been modified or eliminated due to funding considerations by OCTA without any input from the individual cities and without any notice. Such changes by OCTA could result in a long-term loss of parking spaces if routes are changed or eliminated for which parking credits were granted. Accordingly, staff believes allowing a parking reduction in areas proximate to bus stops may result in long-term negative impacts to residential neighborhoods. The City Council, Planning Commission and residents have all expressed concerns with insufficient parking at various locations throughout the City. Staff, therefore, recommends that public transit be defined as facilities that have access or a connection to a permanent facility, such as the Newport Transportation Center located at 1653 Avocado Street in Newport Beach or the ARTIC multi-modal transportation center located in Anaheim, or a permanent fixed route system, should any such facility be built in, or immediately adjacent to, Costa Mesa. R1 and R2-MD parcels Eligible for Second Units Following are the requirements for development of a second unit in R1 and R-2 MD parcels based on various lots sizes: • The minimum lot size for R-1 zoned properties is 6,000 square feet. Parcels with less than 6,000 square feet in area are considered substandard in the R-1 district; • Parcels with 7,260 square feet or more in area can be developed with two units in the R-2 MD; however, there is a provision in the Zoning Code (Table 13-32) and City’s General Plan (Land Use Policy LU-2.4) that allows parcels with 6,000 square feet in area established before March 16, 1992 to be developed with two units; • Parcels over 8,500 square feet in area in R-1 zones can be developed with a second unit. The Planning Commission considered establishing a minimum lot size for properties to accommodate an ADU. The Planning Commission indicated its intent to maintain the single family character of neighborhoods where ADUs would be allowed. To address the direction of the Planning Commission, staff studied scenarios with two minimum lot size options: 7,260 and 7,500 square feet, as indicated in the following table: Table - 1 R1 and R2-MD Lots in the City # of Lots Percentage R1 (Single Family Detached) Lots 12,388 73% R2-MD (Multi-Family Medium Density) Lots 4,642 27% Total 17,030 100% R1 Lots (Single Family Detached) 12,388 100% Lots less 6,000 SF 1,181 9.5% Lots 6,000 - 7,200 SF 3,533 28.5% Lots 7,260 - 7,500 SF 4,345 35% Lots 7,500 SF or larger 3,329 27% R2-MD Lots (Multi-Family Medium Density) 4,642 100% Lots less 6,000 SF 2,895 62%* Lots 6,000 - 7,260 SF 566 12% Lots 7,260 - 7,500 SF 1,181 25% * This number includes all parcels including common interest development and small lots Using a scenario in which ADUs are allowed on lots “7,500 square feet or larger in R1 zone” and lots “between 6,000 and 7,260 square feet in R2-MD zone,” a maximum of 3,895 ADUs could be developed in the city (3,329 + 566). It is likely that the actual number will be less given other ADU requirements such as compliance with parking and open space, or that some R2-MD properties are already developed with multiple units and could not add an ADU to the property. Additionally, some property owners in the R2 zone would likely choose to develop other types of residential units on their property instead of an ADU. And finally, some homeowners in the R1 zone would be expected to choose not to have a rental ADU on their property. Broadening the above scenario to also allow ADUs on R2-MD lots sizes of “7,260-7,500 SF”, would create a potential for an additional 1,181 ADUs and a cumulative maximum total of 5,075 ADUs city-wide (3,329+566+1,181). As in the prior option, this is a worst case scenario. As Planning Commission recommended, the minimum lot size for parcels where an ADU would be permitted within the R1 zone was modified to 7,500 square feet. Table 2: ADU Potential Zoning Lot Size Lot Size Lot Size Lot Size < 6,000 SF 6,000 SF - 7,260 SF 7,260-7,500 SF > 7,500 SF R1 Potential ADUs One SFD only 0 units One SFD only 0 units One SFD only 0 units 1 SFD & 1 ADU (owner occupancy) 3,329 ADUs R2-MD Potential ADUs One SFD only 0 units One SFD & One ADU (owner occupancy) * 566 ADUs Two units (no restriction) 1,181 ADU s or small lot unit N/A * Under the current code, these parcels could be developed with two units and subdivided based on common interest development and small lot ordinance. To limit development to one single family house and one ADU and no subdivision, a Zoning Code amendment and General Plan update will be required to remove the exemption related to substandard lots above 6,000 SF in area and below 7,260 SF established prior to March 16, 1992. Table 3 – Comparison of State, Existing and Proposed Standards Standard State Standard Existing CM Standard Proposed CM Standard Location Permitted on lots zoned for both single-family or multi-family residential. ADU must be located on same lot. Allowed in R1 Zones Allowed in R1 zones and R2-MD zones developed with one unit Minimum Lot Size No standard 8,500 SF R-1 - 7,500 SF min. R2-MD - Permitted ONLY on legal lots existing as of March 16, 1992 between 6,000 and 7,260 square feet in area Standard State Standard Existing CM Standard Proposed CM Standard Unit Size Attached: 50% of existing living area; maximum 1,200 SF Detached: 1,200 SF max. Attached: 30% of existing living area; maximum 1,200 SF Detached: 1,200 SF max. Attached: 50% of existing living area; maximum 800 SF Detached: 800 SF max. Studios: 400 SF max. Aesthetics/height No standard Subject to Residential Design Guidelines Subject to Residential Design Guidelines Height: Maximum height of 15 feet, unless located above a garage, in which case the structure shall comply with the height limit of the underlying zoning district (typically 22 feet for flat roofs/27 feet for sloped roofs). Design: ADUs shall be designed similar to the principal dwelling on the lots with respect to architectural style, roof pitch, color, and materials and in compliance with the Residential Design Guidelines. Setbacks No setback shall be required for an existing garage that is converted to an ADU. A setback of no more than 5 feet from a side or rear lot line is required for an ADU that is constructed above a garage Subject to Residential Design Guidelines Per Zoning Code, except as modified by state standard related to conversion of existing structures Standard State Standard Existing CM Standard Proposed CM Standard Parking A maximum of one space required per unit or bedroom, whichever is greater. Spaces may be provided as uncovered, tandem parking on a driveway or mechanical lifts. No parking required if within half-mile of public transit stop or one block of a car- share vehicle program. Also, no parking is required if the unit is in a historic area, is within an existing structure, or where on- street parking permits are required but are not offered to the ADU occupant. Two spaces per unit One parking for each accessory dwelling unit unless the accessory dwelling unit has no bedrooms, in which case, no parking space is required. Parallel parking in rear alley setback prohibited. For accessory dwelling units that are within an existing single family residence, no additional parking is required; however, when a garage is converted to an accessory dwelling unit, a new garage must be provided on the parcel in compliance with provisions applicable to R-1 zone. Tandem parking - means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another Public transit is interpreted as facilities that have an access or connection to a permanent transit facility. Fire Sprinklers ADUs are not required to provide fire sprinklers if they were not required for the principal residence. Per State standards Per State standards Utilities Connection fees or capacity charges must be proportionate to the impact of the ADU based on either its size or number of plumbing fixtures. Per State standards Per State standards Standard State Standard Existing CM Standard Proposed CM Standard Conversion An existing single family residence could be altered to provide a second unit without changing the footprint of the building. No setback shall be required for an existing garage that is converted to an accessory dwelling unit, and a setback of no more than five feet from the side and rear lot lines shall be required for an accessory dwelling unit that is constructed above a garage. Not allowed Per State standards, no setback for an existing garage that is converted to an accessory dwelling unit after 3 years of construction being finaled; five feet from the side and rear lot lines for a new accessory dwelling unit that is constructed above a garage. The property shall maintain a minimum two car garage and two open parking spaces for the main unit. Owner Occupancy Not required Main unit occupied by property owner The property owner shall reside in one of the units on the property at all times that the accessory dwelling is occupied. No restriction on renting to other than family members. Deed Restriction No restriction Required Required Density Accessory dwelling units shall not be considered new residential uses for the purposes of calculating connection fees or capacity charges for utilities, including water and sewer service. Consistent with state law Consistent with state law Neighborhood Character To preserve the character of single-family neighborhoods, minimize the appearance of multiple units on a lot, and ensure the design of ADUs is compatible with the principal residence, the draft ordinance regulates height and design as follows: • Height -- Detached ADUs would be restricted to one story and a maximum height of 15 feet, unless located above a garage or an extension of a second floor, in which case the structure shall comply with the height limit of the underlying zoning district (typically 22 feet for flat roofs/27 feet for sloped roofs). An ADU could be an addition to an existing second floor if an independent access is provided and the addition is consistent with the Residential Design Guidelines. However, split-level ADUs will are not permitted. • Design -- ADUs shall be designed similar to the principal dwelling on the lot with respect to architectural style, roof pitch, color, and materials and in compliance with the Residential Design Guidelines. Traffic Impacts State law indicates that local governments may apply development standards and may designate where ADUs are allowed. The City can also designate a certain area where ADUs are allowed based on health and safety issues including water, sewer, traffic flow and public safety. Based on the following, staff believes that traffic impacts resulting from ADU development will not be of a substantial magnitude to justify designation of a specific area for ADU development: • The total number of 12,388 R-1 parcels are dispersed throughout the City; • With the proposed 7,500-square-foot minimum lot size for R-1 parcels and 6,000 to 7,260-square foot range for R2-MD parcels (to accommodate an ADU), the maximum number of potential ADUs throughout the City (assuming all other development standards can be met and all property owners are interested in adding an ADU) is 3,895 (27 percent of R-1 lots and 12 percent of R2-MD lots) • Based on the ITE Trip Generation Manual (Institute of Transportation Engineers Trip Generation Manual, 9th Edition), the number of average daily trips for a condo/townhouse is 5.81 and for a single family dwelling is 9.52. Considering a maximum potential development of 50 percent of ADU units on eligible lots, the maximum potential added trips throughout the City is 11,315, which is approximately 6 percent of the existing estimated trips for low density and medium density residential of 170,639 trips. Unit Size Section 13-35 of the Zoning Code allows a detached second unit on lots larger than 8,500 square feet to be a maximum of 1,200 square feet in area and an attached unit to be a maximum of 30 percent of the floor area of the primary dwelling unit. Planning Commission recommended a minimum lot area (to accommodate and ADU) of 7,500 square feet in R1 zones to meet the requirement. To ensure that ADUs remain subordinate to the main structure, the draft ordinance recommends reducing the maximum size of detached ADUs from 1,200 to 800 square feet. The average unit size for older development on the east side could be below 2,000 square feet; therefore, an 800 square feet ADU would still be subordinate to the main house. In addition, this unit size is large enough to accommodate a one-bedroom and could easily be accommodated over an existing garage or within an accessory structure. The proposed ordinance would change the maximum size for attached ADUs, which is currently 30 percent of the existing floor area (excluding the garage) of the single family residence. To be consistent with State law, the maximum would be increased to 50- percent of the floor area of the existing dwelling. The City is unable to restrict the unit size of ADUs created from within the existing building envelope. Therefore, as long as the building footprint stays the same, no requirements are applied to conversion structures. In fact, State law is the most restrictive in terms of conversion and does not allow local jurisdictions to require additional parking with such conversions. Owner Occupancy / Land Use Restriction The City requires recordation of a land use restriction for second units. The land use restriction includes provisions for owner occupancy and would continue to be enforced if the unit is sold in the future. The proposed Code Amendment would keep this requirement. However, as proposed, either one the units could be owner occupied to address cases where the property owner prefers to live in the smaller unit. Conversions of Accessory Structures Per State requirements, a legally existing accessory structure located in a single-family zone can be converted into an ADU as long as it meets the following: 1. The ADU has independent exterior access. 2. The rear and side setbacks are deemed sufficient for fire safety as required by the Building Code. 3. The structure complies with applicable Building and Residential Codes for the proposed use. 4. The conversion does not involve an addition of floor area to the structure. 5. In such cases, the City may not require the applicant to install a new or separate utility connection or impose a related connection fee or capacity charge. Latest Announcements from HCD Staff attended a seminar lead by two representatives of the State Department of Housing and Community Development (HCD). The following clarifications and new information were provided: • So far, HCD has received over 70 adopted ordinances from local jurisdictions with about 10 percent of them also adopting regulations related to Junior Accessory Dwelling Units (JADUs). • There is no overriding statute related to JADUs and an ordinance addressing JADUs is not required to be adopted by cities. • Only one ADU or JADU could be developed per parcel, not a combination of these. • State regulations are only applicable to traditional single family and multi-family districts and not to single family units that may be otherwise subdivided (i.e., planned developments). • Covenants Codes & Restrictions (CC&Rs) could prohibit development of ADUs. • Cities could limit development of ADUs in certain areas for sewer, water and traffic capacities as long as the restriction is not burdensome. • Parking replacement shall be flexible and allowed to be provided in a variety of configurations. • ADUs could be counted toward Regional Housing Needs Assessment (RHNA) if the City maintains the data on affordability of these units. This could apply to previously constructed granny and second units with available data. • All adopted ADU ordinances submitted to HCD have been uploaded on their website and could be accessed along with all related information at: http://www.hcd.ca.gov/policy-research/AccessoryDwellingUnits.shtml Amendments Consistent with State Law The proposed code amendment includes the following changes: 1. Replace references to “Second Units” with the term “Accessory Dwelling Units” and revise the definition of an Accessory Dwelling Unit All references to Second Unit(s) within Title 13 of the Zoning Code will be replaced with the term Accessory Dwelling Unit(s). The definition of an ADU is proposed to be “A second dwelling unit established in conjunction with and subordinate to the single family dwelling unit existing on the property. The accessory dwelling unit may be attached to the single family dwelling unit or located in a detached accessory building on the same lot. It may also be referred to as an accessory apartment, granny unit, granny flat, or in-law apartment.” 2. Revise reference from Second Units to Accessory Dwelling Units in the Land Use Category The Citywide Land Use Matrix only permits ADUs in an R1 zone. Per Government Code Section 65852.2, the code amendment would permit ADUs in single-family or multi-family residential zones if the lot is developed with a single-family unit and is subject to the requirements of Chapter V, Section 13-35 (Residential Development Standards). 3. Consistency with Residential Development Standards The Code Amendment for Part E of Section 13-31 allows the creation and ministerial consideration of ADUs in the R1 (single-family residential) and R2-MD (multiple-family residential district, medium density) zones, at the allowable general plan density for the lot. This is limited to a lot in a residential zone that contains one existing single-family dwelling unit. Each residential parcel may contain only one accessory dwelling unit. 4. Proposed Amendments - Residential Development Standards a. The Code requires that the primary (single family) dwelling unit be owner occupied. The Code Amendment would require that one of the two dwelling units (either the single family residence or ADU) be owner occupied. b. The Code limits ADUs to the R1 zone with a minimum lot size of 8,500 square feet. The proposed Code Amendment would allow ADUs in R1 zones with a minimum lot size of 7,500 SF and in R2-MD zones on properties that contain one single- family dwelling and have a lot size of between 6,000 and 7,260 square feet. This reduction in minimum lot size from 8,500 square feet to 7,500 square feet allows increased development opportunities for ADUs within the City consistent with the intent of State law. c. SB 1069 allows a local agency to require an ADU be owner-occupied or be used for rental of terms longer than 30 days. The Code Amendment would prohibit short- term rentals, require a minimum 30-day rental term and require owner occupancy of one of the units. d. The Code does not allow an attached ADU to exceed 30 percent of the existing living area of the single family residence. However, to be consistent with State law, that area would be increased to 50-percent of the floor area under the proposed Code Amendment. 5. Parking Requirements To provide an ADU, the main residence must be in compliance with the parking standards for a single family unit. If a garage is demolished as a result of development of an ADU unit or if a garage is converted, a new garage must to be constructed in accordance with the standards for the zone in which it is located. The parking requirement for a second unit is two open parking spaces. To be consistent with State law, the Code Amendment would require parking standards for an ADU as follows: 1. One parking space for the new attached or detached ADU with the following exceptions (where no additional parking would be required): • The ADU is located within ½ mile path of pedestrian travel via public rights-of-way to a permanent public transportation facility; • The ADU is located in a historic district; • The ADU is a part of the existing primary residence or accessory structure; • When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit; and, • When there is a car-share vehicle located within one block of the accessory dwelling unit. To prevent car-sharing applications that allow individuals to rent personal vehicles to qualify, “Car-share vehicle” will be defined to mean part of an established program intended to stay in a fixed location for at least 10 years and be available to the public. • The ADU has no bedroom. Studio units are permitted up to 400 square feet. 2. The ADU’s parking spaces can be provided as tandem in the existing driveway, in addition to the parking required for the existing single family residence. Other City parking standards, such as prohibiting the extension of driveways beyond the garage access and no parking within front street setbacks and side setbacks (in case of corner lots) would continue to apply. For properties with access from an alley, no parallel parking along the alley setback is allowed. Tandem parking is considered parking in a row of a maximum of two cars, including the garage space. 3. Building Height The draft ordinance would allow a new ADU to be constructed as a single story accessory unit with a maximum height of 15 feet. This is to ensure that the ADU remains subordinate to the main unit. A second floor ADU would only be permitted when constructed over an existing detached structure, in which case would need to be entirely on the second floor (not a split-level). As proposed, the ADU shall not extend beyond the footprint of an existing garage and shall meet the Residential Design Guidelines. The second floor provision is allowed when the structure has been built for more than three years. This is intended to prevent second floor additions to garages built at reduced setbacks soon after said construction. 4. Short-Term Lodging The proposed Code Amendment would prohibit the rental of ADUs for a period of less than 30 days, consistent with the City’s prohibition of short-term lodging in single-family residential zones. 5. Owner-Occupancy The proposed Code Amendment would require that either the single family residence or the ADU be occupied by at least one person having an ownership interest in the property. This is intended to ensure that the property is being used consistent with the purpose and intent of the law and does not effectively become a duplex for rental purposes. 6. Deed Restriction The proposed Code Amendment would require that, prior to the issuance of a permit for an ADU, a deed restriction be recorded on the property’s Title to notify future owners of the requirement that the one of the units be owner-occupied and regarding the restrictions on short-term lodging. The deed restriction would remain in effect as long as the ADU exists on the property. GENERAL PLAN CONSISTENCY State law indicates that an ADU shall be deemed an accessory use and shall not be considered to exceed the allowable density for the lot upon which it is located, and shall be deemed a residential use that is consistent with the existing General Plan and zoning district for the lot. Therefore, no amendments to the General Plan are required. PUBLIC NOTICE The Municipal Code requires publication of a display advertisement in the local newspaper (Daily Pilot) for Title 13 Code Amendments. At the time of publication of this report, no public comments have been received. Any correspondence will be forwarded to the City Council under separate cover. In addition to the newspaper advertisement, homeowner’s associations and other neighboring cities and government agencies were notified by mail. ENVIRONMENTAL DETERMINATION The project is exempt from environmental review under the California Environmental Quality Act (“CEQA”) pursuant to Public Resources Code Section 21080.17 and CEQA Guidelines Section 15282(h), “the adoption of an ordinance regarding second units in a single-family or multifamily zone by a city or county to implement the provisions of Sections 65852.1 and 65852.2 of the Government Code” relating to “granny” housing and “second unit ordinances” are exempt from the requirements of CEQA. Similarly, the ministerial approval of an ADU would not be a “project” for CEQA purposes (See Guidelines Section 15378), and environmental review would not be required prior to approving individual applications. ALTERNATIVES The City Council may direct staff to make revisions to the draft ordinance, such as changing where ADUs are allowed, minimum lot size, maximum unit sizes, design standards, etc., provided the revisions are consistent with state law limitations and are not arbitrary, excessive, and burdensome. The requirements should not unreasonably restrict the creation of ADUs. The City Council could also determine not to adopt the proposed Code Amendment. In such case, however, current ADU standards in conflict with State law would be superseded by the less-restrictive State standards. LEGAL REVIEW The draft ordinance has been reviewed and approved as to form by the City Attorney’s Office. CONCLUSION The proposed ordinance and guidelines are prepared in compliance with the latest State requirements and as directed by SB 1069, AB 2299, and AB 494. MINOO ASHABI BARRY CURTIS, AICP Principal Planner, AIA Economic and Development Services Director Attachments: 1. Draft Ordinance 2.Senate Bill 1069 3.Assembly Bill 2299 4.Accessory Dwelling Unit Memorandum 5.Exhibits of site plan options 6.OCTA Bus Map (15 min. or less) 7.Recent Changes – AB 494 ATTACHMENT 1 ORDINANCE NO. 18 -XX AN ORDINANCE OF THE CITY COUNCIL OF COSTA MESA, CALIFORNIA ADOPTING ZONING CODE AMENDMENT CO -17- 01, AMENDMENT TO TITLE 13, CHAPTERS I, IV, V, VI RELATED TO DEFINITIONS, LAND USE MATRIX, DEVELOPMENT AND PARKING STANDARDS AND LAND USE REQUIREMENTS RELATED TO ACCESSORY DWELLING UNITS IN SINGLE FAMILY AND MULTI -FAMILY ZONING DISTRICTS DEVELOPED WITH SINGLE UNITS THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1: FINDINGS The City Council finds as follows: WHEREAS, this Code Amendment CO -17-01 to amend Title 13, Chapter 1 would allow ministerial approval of Accessory Dwelling Units in R1 and R2 -MD Zones where the property is developed with a single family unit subject to development standards and specific requirements. WHEREAS, this ordinance is intended to provide compliance with Senate Bill 1069 and Assembly Bill 2299 effective on January 1, 2017. WHEREAS, as required by Senate Bill 2299, under this ordinance accessory dwelling units will not be considered as exceeding the allowable density for the lot upon which the accessory dwelling unit is located, and that accessory dwelling units are a residential use consistent with the existing general plan and zoning designation for the lot. SECTION 2: CODE AMENDMENT - Title 13, Chapter I, Article 2, Section 13-6 (Definitions), is hereby amended as follows: "SeGop Accessory Dwelling Unit (ADU). A second dwelling unit established in conjunction with and subordinate to a pFimaFy dwelliRg uni the single family dwelling unit existing on the property. The Sec9ed accessory dwelling unit may be as studio with no bedroom or contain a maximum of two bedrooms and be attached to the prima single family dwelling unit or located in a detached accessory building on the same lot. It may also be referred to as an accessory apartment, granny unit, granny flat, or in-law apartment." SECTION 3: CODE AMENDMENT - Title 13, Chapter IV, Section 13-30 (Citywide Land Use Matrix), is hereby amended as follows: ._ I 0__ 2 This use is subject to the requirements of the referenced Municipal Code article or section. SECTION 4. CODE AMENDMENT. Title 13, Chapter V, Section 13-31 (Purpose of Residential Development Standards): (e) Provide for the creation and ministerial consideration of seeeed accessory dwelling units in the R1 (Single -Family Residential District) and R2 -MD (Multiple -Family Residential District, Medium Density) at the allowable general plan density for the lot. SECTION 5. CODE AMENDMENT. Title 13, Chapter V, Article 1, Section 13-35 (Residential Development Standards) Sec. 13-35. - Serend Accessory dwelling units. Pursuant to Government Code § 65852.2, local governments have the authority to adopt regulations designed to promote eecead accessory dwelling units. An accessory dwelling seGend unit which conforms to the requirements of this section shall not be considered to exceed the allowable density for the lot upon which it is located and shall be deemed to be a residential use which is consistent with the general plan designation and zoning classification for the lot. The following criteria constitute the standards that the city shall use to evaluate a proposed sesend accessory dwelling unit. (a) and shall be valid as Inns as the oeGend unit exists. At all times the accessory dwelling unit exists either the accessory dwelling unit or the single family residence shall be owner occupied. Neither unit shall be rented for any period of 30 days or less. Prior to the issuance of any building permit for an accessory dwelling unit, a covenant that meets the approval of the City Attorney shall be recorded on the property to enforce these requirements. The covenant shall be valid as long as the seseRd accessory dwelling unit exists. ZONES P P P P I& I R R C T D D D R P P I LAND USES4 R 2 2 R A C C C 1 C M M R R R N D D & R R P 1 M H 3 P L 1 2 S 1 G P L M H C 11 R M D D 1 D D D M 1 1 S L 1 1 1 1 T1 22.2 Sewed Accessory dwelling unit (subject to the requirements of Chapter V, P 2 = • • • • • • • • • Section 13-35, sesead P 2 accessory dwelling units) 2 This use is subject to the requirements of the referenced Municipal Code article or section. SECTION 4. CODE AMENDMENT. Title 13, Chapter V, Section 13-31 (Purpose of Residential Development Standards): (e) Provide for the creation and ministerial consideration of seeeed accessory dwelling units in the R1 (Single -Family Residential District) and R2 -MD (Multiple -Family Residential District, Medium Density) at the allowable general plan density for the lot. SECTION 5. CODE AMENDMENT. Title 13, Chapter V, Article 1, Section 13-35 (Residential Development Standards) Sec. 13-35. - Serend Accessory dwelling units. Pursuant to Government Code § 65852.2, local governments have the authority to adopt regulations designed to promote eecead accessory dwelling units. An accessory dwelling seGend unit which conforms to the requirements of this section shall not be considered to exceed the allowable density for the lot upon which it is located and shall be deemed to be a residential use which is consistent with the general plan designation and zoning classification for the lot. The following criteria constitute the standards that the city shall use to evaluate a proposed sesend accessory dwelling unit. (a) and shall be valid as Inns as the oeGend unit exists. At all times the accessory dwelling unit exists either the accessory dwelling unit or the single family residence shall be owner occupied. Neither unit shall be rented for any period of 30 days or less. Prior to the issuance of any building permit for an accessory dwelling unit, a covenant that meets the approval of the City Attorney shall be recorded on the property to enforce these requirements. The covenant shall be valid as long as the seseRd accessory dwelling unit exists. (b) An seEend accessory dwelling unit shall be limited to a lot in the R1 and R2 -MD, zones which contains no more than one, existing single-family dwelling with a minimum lot size of 8,500 7,500 square feet in R1 zone. In the R2 -MD zone, the lot must have been existing as of March 16, 1992, and the lot must be between 6,000 and 7,280 square feet. (c) ° seGGRd The accessory dwelling unit shall not be intended for sale but may be rented. Rental terms shall be in excess of 30 days. (d) The primary dwelling unit shall be a single-family residence. (e) If detached from the primary dwelliRg HRit single family residence, the seeeRd accessory dwelling unit size shall not exceed 400 square feet for a studio unit or 1,200 800 square feet with maximum two bedrooms. For all purposes of this Section, a home office is considered a bedroom. (f) If attached or incorporated within the primar, GlWelliRg YRO single family residence, the seeeRd accessory dwelling unit area of floor space shall no exceed 50 percent of the proposed or existing primary dwelling living area primary GlWelliRg URM or 800 square feet. (g) Tele neon parkiRg cnnGS shall be proyidedTn)r the SeGend unit. In Gnniunntinn with a SeGond unit appilGatien, the parking reqLjired fer the primary dwelling unit shall be OR STREET PARKING STANDARDS and shall Rot be attributed to the seGend LARit. The parking for the second i snit lees not noon to he ro„ered. One parking space shall be provided for anaccessorydwelling unit unless the accessory dwelling unit is a maximum 400 square feet studio unit with no bedrooms, in which case, no parking space is required. Parking for the accessory dwelling unit may be provided as tandem parking on an existing driveway leading to a garage or carport but must be in addition to any parking required for the single family residence. Tandem parking means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another. Parking for the accessory dwelling unit cannot be provided via parallel parking spaces located at a rear alley setback. No parking shall be permitted within front yard setbacks and side yard setbacks for corner parcels. Parking for the accessory dwelling unit is not required in each of the following situations: 1. When the accessory dwelling unit is located within'/2 mile of a public transit; 2. When the accessory dwelling unit is located within an architecturally and historically significant historic district; 3. When the unit is part of the proposed or existing primary residence or an accessory structure; 4. When on -street parking permits are required but not offered to the occupant of the accessory dwelling unit; and, 5. When there is a car -share vehicle located within one block of the accessory dwelling unit. "Car -share vehicle" means part of an established program intended to stay in a fixed location for at least 10 years and available to the public. (h) For accessory dwelling units that are created within an existing single family residence, no additional parking is required; however, when a garage is converted to an accessory dwelling unit or is demolished in conjunction with the construction of an accessory dwelling unit, a new garage including two open parking spaces must be provided on the parcel in compliance with provisions applicable to R-1 zone. In conjunction with an neGGRd- accessory dwelling unit application, the parking required for the pFimary dwelliRg URit single family residence shall be in compliance with the current parking requirements as specified in Chapter VI Off -Street Parking Standards and shall not be attributed to the sexed accessory dwelling unit. T-he paFkiRg fer the seGGRGI i snit G198S net need to be nn _ ered (h) Except as provided in this subsection (h), an sesend accessory dwelling unit shall comply with the residential development standards shown in Title 13, Chapter V, Table 13-32 and shall be subject to all applicable residential design guidelines. If, however, the proposed accessory dwelling unit is proposed to be entirely on the first story, and entirely within an existing garage, then no setbacks are required for the accessory dwelling unit. Further, if any portion of a proposed accessory dwelling unit will be above an existing garage, those portions above the garage shall not be required to have a setback which exceeds five feet from the side and rear lot lines. Notwithstanding anything in this subsection (h) to the contrary, the structure shall comply with all applicable requirements of the Building Standards Code. (i) An application for a second unit shall be considered ministerial by the Development Services Director or his/her designee. Exception: Where deviations from the residential development standards are requested, the second unit application is subject to the application processing procedures as set forth in Title 13, Chapter III Planning Applications. An appeal shall be in accordance with Title 2, Chapter IX Appeal, Rehearing and Review Procedure. (j) An application for a second unit involving second story construction may be subject to minor design review pursuant to Title 13, Chapter III Planning Applications. (k) Every accessory dwelling unit (whether attached or detached) must be on a single story. In addition, a detached accessory dwelling unit must not exceed 15 feet in height, unless it is above an existing garage, in which case the structure must comply with the two-story height requirements for the zone. (1) Each residential parcel may contain only one accessory dwelling unit. (m) All or part of a legally existing accessory structure can be converted into an ADU as long as it meets the following: 1. The ADU has independent exterior access. 2. The rear and side setbacks are deemed sufficient for fire safety as required by the Building Code. 3. The structure complies with applicable Building Codes for the proposed use. 4. The conversion does not involve an addition of floor area to the structure. 5. In such cases, the City may not require the applicant to install a new or separate utility connection or impose a related connection fee or capacity charge.. SECTION 6. CODE AMENDMENT. Title 13, Chapter VI, Section 13-85 (Parking Requirements for Residential Developments) (d) Parking for &eGOPd accessory dwelling units. T -we One parking space shall be provided for an accessory dwelling unit unless the accessory dwelling unit has no bedrooms, in which case, no parking space is required. Parking may be provided as tandem parking on an existing driveway leading to a garage or carport but must be in addition to any parking required for the single family residence. Tandem parking means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another �Ci— Parking for the accessory dwelling unit is not required in each of the following situations: 1. When the accessory dwelling unit is located within'/2 mile of public transit; 2. When the accessory dwelling unit is located within an architecturally and historically significant district; 3. When the accessory dwelling unit is part of the proposed or existing single family residence or an accessory structure; 4. When on -street parking permits are required but not offered to the occupant of the accessory dwelling unit; and, 5. When there is a car -share vehicle located within one block of the accessory dwelling unit. To prevent car -sharing applications that allow individuals to rent personal vehicles to qualify, "Car -share vehicle" means that the vehicle is part of an established program intended to stay in a fixed location for at least 10 years and available to the public. In conjunction with an ted- accessory dwelling unit application, the parking required for the primary dwelling Unit single family residence shall meet be in GempliaRGe With the current parking requirements a -s specified in Chapter VI Off -Street Parking Standards, and shall not be attributed to the seGE)Rd accessory dwelling unit. Tie parking for the cenonri unit Anes- net need to be noVererl SECTION 7: ENVIRONMENTAL DETERMINATION. The project has been reviewed for compliance with the California Environmental Quality Act (CEQA), the CEQA guidelines, and the City's environmental procedures, and has been found to be exempt pursuant to CEQA Guidelines Section 15282(h), which states that "the adoption of an ordinance regarding second units in a single-family or multifamily zone by a city or county to implement the provisions of Sections 65852.1 and 65852.2 of the Government Code" relating to "granny" housing and "second unit ordinances" are exempt from the requirements of CEQA. SECTION 8: INCONSISTENCIES. Any provision of the Costa Mesa Municipal Code or appendices thereto inconsistent with the provisions of this ordinance, to the extent of such inconsistencies and or further, is hereby repealed or modified to the extent necessary to affect the provisions of this ordinance. SECTION 9: SEVERABILITY. If any provision or clause of this ordinance or the application thereof to any person or circumstances is held to be unconstitutional or otherwise invalid by any court of competent jurisdiction, such invalidity shall not affect other provisions or clauses or applications of this ordinance which can be implemented without the invalid provision, clause or application; and to this end, the provisions of this ordinance are declared to be severable. SECTION 10: PUBLICATION. This Ordinance shall take effect and be in full force thirty (30) days from and after the passage thereof, and prior to the expiration of fifteen (15) days from its passage shall be published once in the ORANGE COAST DAILY PILOT, a newspaper of general circulation, printed and published in the City of Costa Mesa or, in the alternative, the City Clerk may cause to be published a summary of this Ordinance and a certified copy of the text of this Ordinance shall be posted in the office of the City Clerk five (5) days prior to the date of adoption of this Ordinance, and within fifteen (15) days after adoption, the City -220- Clerk shall cause to be published the aforementioned summary and shall post in the office of the City Clerk a certified copy of this Ordinance together with the names and member of the City Council voting for and against the same. ATTEST: PASSED AND ADOPTED this day of 2018. Mayor of the City of Costa Mesa APPROVED AS TO FORM: City Clerk of the City of Costa Mesa City Attorney STATE OF CALIFORNIA) )ss COUNTY OF ORANGE ) I, ------------, City Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa, hereby certify that the above foregoing Ordinance No. 18 -XX as introduced and considered section by section at a regular meeting of said City Council held on the day of , 2018, and thereafter passed and adopted as a whole at the regular meeting of said City Council held on the day of , 2018, by the following roll call vote: AYES: NOES: ABSENT: IN WITNESS WHEREOF, I have hereby set my hand and affixed the Seal of the City of Costa Mesa this day of 12018. City Clerk City Council of the City of Costa Mesa —2-2— ATTACHMENT 2 AUTHENTICATED ELECTRONIC LEGAL MATERIAL Senate Bill No. 1069 CHAPTER 720 An act to amend Sections 65582.1, 65583.1, 65589.4, 65852.150, 65852.2, and 66412.2 of the Government Code, relating to land use. [Approved by Governor September 27, 2016. Filed with Secretary of State September 27, 2016.1 LEGISLATIVE COUNSEL'S DIGEST SB 1069, Wieckowski. Land use: zoning. The Planning and Zoning Law authorizes the legislative body of a city or county to regulate, among other things, the intensity of land use, and also authorizes a local agency to provide by ordinance for the creation of 2nd units in single-family and multifamily residential zones, as specified. That law makes findings and declarations with respect to the value of 2nd units to California's housing supply. This bill would replace the term "second unit" with "accessory dwelling unit" throughout the law. The bill would additionally find and declare that, among other things, allowing accessory dwelling units in single-family or multifamily residential zones provides additional rental housing stock, and these units are an essential component of housing supply in California. The Planning and Zoning Law authorizes the ordinance for the creation of 2nd units in single-family and multifamily residential zones to include specified provisions regarding areas where accessory dwelling units may be located, standards, including the imposition of parking standards, and lot density. Existing law, when a local agency has not adopted an ordinance governing 2nd units as so described, requires the local agency to approve or disapprove the application ministerially, as provided. This bill would instead require the ordinance for the creation of accessory dwelling units to include the provisions described above. The bill would prohibit the imposition of parking standards under specified circumstances. The bill would revise requirements for the approval or disapproval of an accessory dwelling unit application when a local agency has not adopted an ordinance. The bill would also require the ministerial approval of an application for a building permit to create one accessory dwelling unit within the existing space of a single-family residence or accessory structure, as specified. The bill would prohibit a local agency from requiring an applicant for this permit to install a new or separate utility connection directly between the unit and the utility or imposing a related connection fee or capacity charge. The bill would authorize a local agency to impose this requirement for other accessory dwelling units. This bill would incorporate additional changes in Section 65852.2 of the Government Code proposed by AB 2299 that would become operative only 90 Ch. 720 —2— if 2— if AB 2299 and this bill are both chaptered and become effective on or before January 1, 2017, and this bill is chaptered last. By increasing the duties of local officials, this bill would impose a state -mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. The people of the State of California do enact as follows: SECTION 1. Section 65582.1 of the Government Code is amended to read: 65582.1. The Legislature finds and declares that it has provided reforms and incentives to facilitate and expedite the construction of affordable housing. Those reforms and incentives can be found in the following provisions: (a) Housing element law (Article 10.6 (commencing with Section 65580) of Chapter 3). (b) Extension of statute of limitations in actions challenging the housing element and brought in support of affordable housing (subdivision (d) of Section 65009). (c) Restrictions on disapproval of housing developments (Section 65589.5). (d) Priority for affordable housing in the allocation of water and sewer hookups (Section 65589.7). (e) Least cost zoning law (Section 65913.1). (f) Density bonus law (Section 65915). (g) Accessory dwelling units (Sections 65852.150 and 65852.2). (h) By -right housing, in which certain multifamily housing are designated a permitted use (Section 65589.4). (i) No -net -loss -in zoning density law limiting downzonings and density reductions (Section 65863). 0) Requiring persons who sue to halt affordable housing to pay attorney fees (Section 65914) or post a bond (Section 529.2 of the Code of Civil Procedure). (k) Reduced time for action on affordable housing applications under the approval of development permits process (Article 5 (commencing with Section 65950) of Chapter 4.5). (I) Limiting moratoriums on multifamily housing (Section 65858). (m) Prohibiting discrimination against affordable housing (Section 65008). (n) California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3). 90 -3— Ch. 720 (o) Community redevelopment law (Part 1 (commencing with Section 33000) of Division 24 of the Health and Safety Code, and in particular Sections 33334.2 and 33413). SEC. 2. Section 65583.1 of the Government Code is amended to read: 65583.1. (a) The Department of Housing and Community Development, in evaluating a proposed or adopted housing element for substantial compliance with this article, may allow a city or county to identify adequate sites, as required pursuant to Section 65583, by a variety of methods, including, but not limited to, redesignation of property to a more intense land use category and increasing the density allowed within one or more categories. The department may also allow a city or county to identify sites for accessory dwelling units based on the number of accessory dwelling units developed in the prior housing element planning period whether or not the units are permitted by right, the need for these units in the community, the resources or incentives available for their development, and any other relevant factors, as determined by the department. Nothing in this section reduces the responsibility of a city or county to identify, by income category, the total number of sites for residential development as required by this article. (b) Sites that contain permanent housing units located on a military base undergoing closure or conversion as a result of action pursuant to the Defense Authorization Amendments and Base Closure and Realignment Act (Public Law 100-526), the Defense Base Closure and Realignment Act of 1990 (Public Law 101-510), or any subsequent act requiring the closure or conversion of a military base may be identified as an adequate site if the housing element demonstrates that the housing units will be available for occupancy by households within the planning period of the element. No sites containing housing units scheduled or planned for demolition or conversion to nonresidential uses shall qualify as an adequate site. Any city, city and county, or county using this subdivision shall address the progress in meeting this section in the reports provided pursuant to paragraph (1) of subdivision (b) of Section 65400. (c) (1) The Department of Housing and Community Development may allow a city or county to substitute the provision of units for up to 25 percent of the community's obligation to identify adequate sites for any income category in its housing element pursuant to paragraph (1) of subdivision (c) of Section 65583 where the community includes in its housing element a program committing the local government to provide units in that income category within the city or county that will be made available through the provision of committed assistance during the planning period covered by the element to low- and very low income households at affordable housing costs or affordable rents, as defined in Sections 50052.5 and 50053 of the Health and Safety Code, and which meet the requirements of paragraph (2). Except as otherwise provided in this subdivision, the community may substitute one dwelling unit for one dwelling unit site in the applicable income category. The program shall do all of the following: 90 -25, Ch. 720 —4— (A) 4— (A) Identify the specific, existing sources of committed assistance and dedicate a specific portion of the funds from those sources to the provision of housing pursuant to this subdivision. (B) Indicate the number of units that will be provided to both low- and very low income households and demonstrate that the amount of dedicated funds is sufficient to develop the units at affordable housing costs or affordable rents. (C) Demonstrate that the units meet the requirements of paragraph (2). (2) Only units that comply with subparagraph (A), (B), or (C) qualify for inclusion in the housing element program described in paragraph (1), as follows: (A) Units that are to be substantially rehabilitated with committed assistance from the city or county and constitute a net increase in the community's stock of housing affordable to low- and very low income households. For purposes of this subparagraph, a unit is not eligible to be "substantially rehabilitated" unless all of the following requirements are met: (i) At the time the unit is identified for substantial rehabilitation, (I) the local government has determined that the unit is at imminent risk of loss to the housing stock, (II) the local government has committed to provide relocation assistance pursuant to Chapter 16 (commencing with Section 7260) of Division 7 of Title 1 to any occupants temporarily or permanently displaced by the rehabilitation or code enforcement activity, or the relocation is otherwise provided prior to displacement either as a condition of receivership, or provided by the property owner or the local government pursuant to Article 2.5 (commencing with Section 17975) of Chapter 5 of Part 1.5 of Division 13 of the Health and Safety Code, or as otherwise provided by local ordinance; provided the assistance includes not less than the equivalent of four months' rent and moving expenses and comparable replacement housing consistent with the moving expenses and comparable replacement housing required pursuant to Section 7260, (III) the local government requires that any displaced occupants will have the right to reoccupy the rehabilitated units, and (IV) the unit has been found by the local government or a court to be unfit for human habitation due to the existence of at least four violations of the conditions listed in subdivisions (a) to (g), inclusive, of Section 17995.3 of the Health and Safety Code. (ii) The rehabilitated unit will have long-term affordability covenants and restrictions that require the unit to be available to, and occupied by, persons or families of low- or very low income at affordable housing costs for at least 20 years or the time period required by any applicable federal or state law or regulation. (iii) Prior to initial occupancy after rehabilitation, the local code enforcement agency shall issue a certificate of occupancy indicating compliance with all applicable state and local building code and health and safety code requirements. (B) Units that are located either on foreclosed property or in a multifamily rental or ownership housing complex of three or more units, are converted 90 -2(o- -5— Ch. 720 with committed assistance from the city or county from nonaffordable to affordable by acquisition of the unit or the purchase of affordability covenants and restrictions for the unit, are not acquired by eminent domain, and constitute a net increase in the community's stock of housing affordable to low- and very low income households. For purposes of this subparagraph, a unit is not converted by acquisition or the purchase of affordability covenants unless all of the following occur: (i) The unit is made available for rent at a cost affordable to low- or very low income households. (ii) At the time the unit is identified for acquisition, the unit is not available at an affordable housing cost to either of the following: (I) Low-income households, if the unit will be made affordable to low-income households. (II) Very low income households, if the unit will be made affordable to very low income households. (iii) At the time the unit is identified for acquisition the unit is not occupied by low- or very low income households or if the acquired unit is occupied, the local government has committed to provide relocation assistance prior to displacement, if any, pursuant to Chapter 16 (commencing with Section 7260) of Division 7 of Title 1 to any occupants displaced by the conversion, or the relocation is otherwise provided prior to displacement; provided the assistance includes not less than the equivalent of four months' rent and moving expenses and comparable replacement housing consistent with the moving expenses and comparable replacement housing required pursuant to Section 7260. (iv) The unit is in decent, safe, and sanitary condition at the time of occupancy. (v) The unit has long-term affordability covenants and restrictions that require the unit to be affordable to persons of low- or very low income for not less than 55 years. (vi) For units located in multifamily ownership housing complexes with three or more units, or on or after January 1, 2015, on foreclosed properties, at least an equal number of new -construction multifamily rental units affordable to lower income households have been constructed in the city or county within the same planning period as the number of ownership units to be converted. (C) Units that will be preserved at affordable housing costs to persons or families of low- or very low incomes with committed assistance from the city or county by acquisition of the unit or the purchase of affordability covenants for the unit. For purposes of this subparagraph, a unit shall not be deemed preserved unless all of the following occur: (i) The unit has long-term affordability covenants and restrictions that require the unit to be affordable to, and reserved for occupancy by, persons of the same or lower income group as the current occupants for a period of at least 40 years. (ii) The unit is within an "assisted housing development," as defined in paragraph (3) of subdivision (a) of Section 65863.10. 90 _2I_ Ch. 720 —6 (iii) The city or county finds, after a public hearing, that the unit is eligible, and is reasonably expected, to change from housing affordable to low- and very low income households to any other use during the next five years due to termination of subsidy contracts, mortgage prepayment, or expiration of restrictions on use. (iv) The unit is in decent, safe, and sanitary condition at the time of occupancy. (v) At the time the unit is identified for preservation it is available at affordable cost to persons or families of low- or very low income. (3) This subdivision does not apply to any city or county that, during the current or immediately prior planning period, as defined by Section 65588, has not met any of its share of the regional need for affordable housing, as defined in Section 65584, for low- and very low income households. A city or county shall document for any housing unit that a building permit has been issued and all development and permit fees have been paid or the unit is eligible to be lawfully occupied. (4) For purposes of this subdivision, "committed assistance" means that the city or county enters into a legally enforceable agreement during the period from the beginning of the projection period until the end of the second year of the planning period that obligates sufficient available funds to provide the assistance necessary to make the identified units affordable and that requires that the units be made available for occupancy within two years of the execution of the agreement. "Committed assistance" does not include tenant -based rental assistance. (5) For purposes of this subdivision, "net increase" includes only housing units provided committed assistance pursuant to subparagraph (A) or (B) of paragraph (2) in the current planning period, as defined in Section 65588, that were not provided committed assistance in the immediately prior planning period. (6) For purposes of this subdivision, "the time the unit is identified" means the earliest time when any city or county agent, acting on behalf of a public entity, has proposed in writing or has proposed orally or in writing to the property owner, that the unit be considered for substantial rehabilitation, acquisition, or preservation. (7) In the third year of the planning period, as defined by Section 65588, in the report required pursuant to Section 65400, each city or county that has included in its housing element a program to provide units pursuant to subparagraph (A), (B), or (C) of paragraph (2) shall report in writing to the legislative body, and to the department within 30 days of making its report to the legislative body, on its progress in providing units pursuant to this subdivision. The report shall identify the specific units for which committed assistance has been provided or which have been made available to low - and very low income households, and it shall adequately document how each unit complies with this subdivision. If, by July 1 of the third year of the planning period, the city or county has not entered into an enforceable agreement of committed assistance for all units specified in the programs adopted pursuant to subparagraph (A), (B), or (C) of paragraph (2), the city 90 -7— Ch. 720 or county shall, not later than July 1 of the fourth year of the planning period, adopt an amended housing element in accordance with Section 65585, identifying additional adequate sites pursuant to paragraph (1) of subdivision (c) of Section 65583 sufficient to accommodate the number of units for which committed assistance was not provided. If a city or county does not amend its housing element to identify adequate sites to address any shortfall, or fails to complete the rehabilitation, acquisition, purchase of affordability covenants, or the preservation of any housing unit within two years after committed assistance was provided to that unit, it shall be prohibited from identifying units pursuant to subparagraph (A), (B), or (C) of paragraph (2) in the housing element that it adopts for the next planning period, as defined in Section 65588, above the number of units actually provided or preserved due to committed assistance. (d) A city or county may reduce its share of the regional housing need by the number of units built between the start of the projection period and the deadline for adoption of the housing element. If the city or county reduces its share pursuant to this subdivision, the city or county shall include in the housing element a description of the methodology for assigning those housing units to an income category based on actual or projected sales price, rent levels, or other mechanisms establishing affordability. SEC. 3. Section 65589.4 of the Government Code is amended to read: 65589.4. (a) An attached housing development shall be a permitted use not subject to a conditional use permit on any parcel zoned for an attached housing development if local law so provides or if it satisfies the requirements of subdivision (b) and either of the following: (1) The attached housing development satisfies the criteria of Section 21159.22, 21159.23, or 21159.24 of the Public Resources Code. (2) The attached housing development meets all of the following criteria: (A) The attached housing development is subject to a discretionary decision other than a conditional use permit and a negative declaration or mitigated negative declaration has been adopted for the attached housing development under the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code). If no public hearing is held with respect to the discretionary decision, then the negative declaration or mitigated negative declaration for the attached housing development may be adopted only after a public hearing to receive comments on the negative declaration or mitigated negative declaration. (B) The attached housing development is consistent with both the jurisdiction's zoning ordinance and general plan as it existed on the date the application was deemed complete, except that an attached housing development shall not be deemed to be inconsistent with the zoning designation for the site if that zoning designation is inconsistent with the general plan only because the attached housing development site has not been rezoned to conform with the most recent adopted general plan. (C) The attached housing development is located in an area that is covered by one of the following documents that has been adopted by the jurisdiction 90 Ch. 720 —8— within 8— within five years of the date the application for the attached housing development was deemed complete: (i) A general plan. (ii) A revision or update to the general plan that includes at least the land use and circulation elements. (iii) An applicable community plan. (iv) An applicable specific plan. (D) The attached housing development consists of not more than 100 residential units with a minimum density of not less than 12 units per acre or a minimum density of not less than eight units per acre if the attached housing development consists of four or fewer units. (E) The attached housing development is located in an urbanized area as defined in Section 21071 of the Public Resources Code or within a census -defined place with a population density of at least 5,000 persons per square mile or, if the attached housing development consists of 50 or fewer units, within an incorporated city with a population density of at least 2,500 persons per square mile and a total population of at least 25,000 persons. (F) The attached housing development is located on an infill site as defined in Section 21061.0.5 of the Public Resources Code. (b) At least 10 percent of the units of the attached housing development shall be available at affordable housing cost to very low income households, as defined in Section 50105 of the Health and Safety Code, or at least 20 percent of the units of the attached housing development shall be available at affordable housing cost to lower income households, as defined in Section 50079.5 of the Health and Safety Code, or at least 50 percent of the units of the attached housing development available at affordable housing cost to moderate -income households, consistent with Section 50052.5 of the Health and Safety Code. The developer of the attached housing development shall provide sufficient legal commitments to the local agency to ensure the continued availability and use of the housing units for very low, low-, or moderate -income households for a period of at least 30 years. (c) Nothing in this section shall prohibit a local agency from applying design and site review standards in existence on the date the application was deemed complete. (d) The provisions of this section are independent of any obligation of a jurisdiction pursuant to subdivision (c) of Section 65583 to identify multifamily sites developable by right. (e) This section does not apply to the issuance of coastal development permits pursuant to the California Coastal Act (Division 20 (commencing with Section 30000) of the Public Resources Code). (f) This section does not relieve a public agency from complying with the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) or relieve an applicant or public agency from complying with the Subdivision Map Act (Division 2 (commencing with Section 66473)). 90 3O_ -9— Ch. 720 (g) This section is applicable to all cities and counties, including charter cities, because the Legislature finds that the lack of affordable housing is of vital statewide importance, and thus a matter of statewide concern. (h) For purposes of this section, "attached housing development" means a newly constructed or substantially rehabilitated structure containing two or more dwelling units and consisting only of residential units, but does not include an accessory dwelling unit, as defined by paragraph (4) of subdivision 0) of Section 65852.2, or the conversion of an existing structure to condominiums. SEC. 4. Section 65852.150 of the Government Code is amended to read: 65852.150. (a) The Legislature finds and declares all of the following: (1) Accessory dwelling units are a valuable form of housing in California. (2) Accessory dwelling units provide housing for family members, students, the elderly, in-home health care providers, the disabled, and others, at below market prices within existing neighborhoods. (3) Homeowners who create accessory dwelling units benefit from added income, and an increased sense of security. (4) Allowing accessory dwelling units in single-family or multifamily residential zones provides additional rental housing stock in California. (5) California faces a severe housing crisis. (6) The state is falling far short of meeting current and future housing demand with serious consequences for the state's economy, our ability to build green infill consistent with state greenhouse gas reduction goals, and the well-being of our citizens, particularly lower and middle-income earners. (7) Accessory dwelling units offer lower cost housing to meet the needs of existing and future residents within existing neighborhoods, while respecting architectural character. (8) Accessory dwelling units are, therefore, an essential component of California's housing supply. (b) It is the intent of the Legislature that an accessory dwelling unit ordinance adopted by a local agency has the effect of providing for the creation of accessory dwelling units and that provisions in this ordinance relating to matters including unit size, parking, fees, and other requirements, are not so arbitrary, excessive, or burdensome so as to unreasonably restrict the ability of homeowners to create accessory dwelling units in zones in which they are authorized by local ordinance. SEC. 5. Section 65852.2 of the Government Code is amended to read: 65852.2. (a) (1) A local agency may, by ordinance, provide for the creation of accessory dwelling units in single-family and multifamily residential zones. The ordinance shall do all of the following: (A) Designate areas within the jurisdiction of the local agency where accessory dwelling units may be permitted. The designation of areas may be based on criteria, that may include, but are not limited to, the adequacy of water and sewer services and the impact of accessory dwelling units on traffic flow and public safety. (B) Impose standards on accessory dwelling units that include, but are not limited to, parking, height, setback, lot coverage, architectural review, 90 _31_ Ch. 720 _10— maximum 10— maximum size of a unit, and standards that prevent adverse impacts on any real property that is listed in the California Register of Historic Places. (C) Provide that accessory dwelling units do not exceed the allowable density for the lot upon which the accessory dwelling unit is located, and that accessory dwelling units are a residential use that is consistent with the existing general plan and zoning designation for the lot. (2) The ordinance shall not be considered in the application of any local ordinance, policy, or program to limit residential growth. (3) When a local agency receives its first application on or after July 1, 2003, for a permit pursuant to this subdivision, the application shall be considered ministerially without discretionary review or a hearing, notwithstanding Section 65901 or 65906 or any local ordinance regulating the issuance of variances or special use permits, within 120 days of submittal of a complete building permit application. A local agency may charge a fee to reimburse it for costs that it incurs as a result of amendments to this paragraph enacted during the 2001-02 Regular Session of the Legislature, including the costs of adopting or amending any ordinance that provides for the creation of accessory dwelling units. (b) (1) When a local agency that has not adopted an ordinance governing accessory dwelling units in accordance with subdivision (a) receives its first application on or after July 1, 1983, for a permit pursuant to this subdivision, the local agency shall accept the application and approve or disapprove the application ministerially without discretionary review pursuant to this subdivision unless it adopts an ordinance in accordance with subdivision (a) within 120 days after receiving the application. Notwithstanding Section 65901 or 65906, every local agency shall ministerially approve the creation of an accessory dwelling unit if the accessory dwelling unit complies with all of the following: (A) The unit is not intended for sale separate from the primary residence and may be rented. (B) The lot is zoned for single-family or multifamily use. (C) The lot contains an existing single-family dwelling. (D) The accessory dwelling unit is either attached to the existing dwelling and located within the living area of the existing dwelling or detached from the existing dwelling and located on the same lot as the existing dwelling. (E) The increased floor area of an attached accessory dwelling unit shall not exceed 50 percent of the existing living area, with a maximum increase in floor area of 1,200 square feet. (F) The total area of floorspace for a detached accessory dwelling unit shall not exceed 1,200 square feet. (G) Requirements relating to height, setback, lot coverage, architectural review, site plan review, fees, charges, and other zoning requirements generally applicable to residential construction in the zone in which the property is located. (H) Local building code requirements that apply to detached dwellings, as appropriate. 90 752- -11— Ch. 720 (I) Approval by the local health officer where a private sewage disposal system is being used, if required. (2) No other local ordinance, policy, or regulation shall be the basis for the denial of a building permit or a use permit under this subdivision. (3) This subdivision establishes the maximum standards that local agencies shall use to evaluate proposed accessory dwelling units on lots zoned for residential use that contain an existing single-family dwelling. No additional standards, other than those provided in this subdivision or subdivision (a), shall be utilized or imposed, except that a local agency may require an applicant for a permit issued pursuant to this subdivision to be an owner -occupant or that the property be used for rentals of terms longer than 30 days. (4) A local agency may amend its zoning ordinance or general plan to incorporate the policies, procedures, or other provisions applicable to the creation of accessory dwelling units if these provisions are consistent with the limitations of this subdivision. (5) An accessory dwelling unit that conforms to this subdivision shall not be considered to exceed the allowable density for the lot upon which it is located, and shall be deemed to be a residential use that is consistent with the existing general plan and zoning designations for the lot. The accessory dwelling units shall not be considered in the application of any local ordinance, policy, or program to limit residential growth. (c) A local agency may establish minimum and maximum unit size requirements for both attached and detached accessory dwelling units. No minimum or maximum size for an accessory dwelling unit, or size based upon a percentage of the existing dwelling, shall be established by ordinance for either attached or detached dwellings that does not otherwise permit at least an efficiency unit to be constructed in compliance with local development standards. Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary residence. (d) Parking requirements for accessory dwelling units shall not exceed one parking space per unit or per bedroom. These spaces may be provided as tandem parking on an existing driveway. Off-street parking shall be permitted in setback areas in locations determined by the local agency or through tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon fire and life safety conditions. This subdivision shall not apply to a unit that is described in subdivision (e). (e) Notwithstanding any other law, a local agency, whether or not it has adopted an ordinance governing accessory dwelling units in accordance with subdivision (a), shall not impose parking standards for an accessory dwelling unit in any of the following instances: (1) The accessory dwelling unit is located within one-half mile of public transit. (2) The accessory dwelling unit is located within an architecturally and historically significant historic district. 90 _33- Ch. 720 —12— (3) 12— (3) The accessory dwelling unit is part of the existing primary residence or an existing accessory structure. (4) When on -street parking permits are required but not offered to the occupant of the accessory dwelling unit. (5) When there is a car share vehicle located within one block of the accessory dwelling unit. (f) Notwithstanding subdivisions (a) to (e), inclusive, a local agency shall ministerially approve an application for a building permit to create within a single-family residential zone one accessory dwelling unit per single-family lot if the unit is contained within the existing space of a single-family residence or accessory structure, has independent exterior access from the existing residence, and the side and rear setbacks are sufficient for fire safety. Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary residence. (g) (1) Fees charged for the construction of accessory dwelling units shall be determined in accordance with Chapter 5 (commencing with Section 66000) and Chapter 7 (commencing with Section 66012). (2) Accessory dwelling units shall not be considered new residential uses for the purposes of calculating local agency connection fees or capacity charges for utilities, including water and sewer service. (A) For an accessory dwelling unit described in subdivision (f), a local agency shall not require the applicant to install a new or separate utility connection directly between the accessory dwelling unit and the utility or impose a related connection fee or capacity charge. (B) For an accessory dwelling unit that is not described in subdivision (f), a local agency may require a new or separate utility connection directly between the accessory dwelling unit and the utility. Consistent with Section 66013, the connection may be subject to a connection fee or capacity charge that shall be proportionate to the burden of the proposed accessory dwelling unit, based upon either its size or the number of its plumbing fixtures, upon the water or sewer system. This fee or charge shall not exceed the reasonable cost of providing this service. (h) This section does not limit the authority of local agencies to adopt less restrictive requirements for the creation of accessory dwelling units. (i) Local agencies shall submit a copy of the ordinances adopted pursuant to subdivision (a) to the Department of Housing and Community Development within 60 days after adoption. 0) As used in this section, the following terms mean: (1) "Living area" means the interior habitable area of a dwelling unit including basements and attics but does not include a garage or any accessory structure. (2) "Local agency" means a city, county, or city and county, whether general law or chartered. (3) For purposes of this section, "neighborhood" has the same meaning as set forth in Section 65589.5. (4) `Accessory dwelling unit' means an attached or a detached residential dwelling unit which provides complete independent living facilities for one 90 34 -13— Ch. 720 or more persons. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family dwelling is situated. An accessory dwelling unit also includes the following: (A) An efficiency unit, as defined in Section 17958.1 of Health and Safety Code. (B) A manufactured home, as defined in Section 18007 of the Health and Safety Code. (k) Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act (Division 20 (commencing with Section 30000) of the Public Resources Code), except that the local government shall not be required to hold public hearings for coastal development permit applications for accessory dwelling units. SEC. 5.5. Section 65852.2 of the Government Code is amended to read: 65852.2. (a) (1) A local agency may, by ordinance, provide for the creation of accessory dwelling units in single-family and multifamily residential zones. The ordinance shall do all of the following: (A) Designate areas within the jurisdiction of the local agency where accessory dwelling units may be permitted. The designation of areas may be based on criteria, that may include, but are not limited to, the adequacy of water and sewer services and the impact of accessory dwelling units on traffic flow and public safety. (B) (i) Impose standards on accessory dwelling units that include, but are not limited to, parking, height, setback, lot coverage, landscape, architectural review, maximum size of a unit, and standards that prevent adverse impacts on any real property that is listed in the California Register of Historic Places. (ii) Notwithstanding clause (i), a local agency may reduce or eliminate parking requirements for any accessory dwelling unit located within its jurisdiction. (C) Provide that accessory dwelling units do not exceed the allowable density for the lot upon which the accessory dwelling unit is located, and that accessory dwelling units are a residential use that is consistent with the existing general plan and zoning designation for the lot. (D) Require the accessory dwelling units to comply with all of the following: (i) The unit is not intended for sale separate from the primary residence and may be rented. (ii) The lot is zoned for single-family or multifamily use and contains an existing, single-family dwelling. (iii) The accessory dwelling unit is either attached to the existing dwelling or located within the living area of the existing dwelling or detached from the existing dwelling and located on the same lot as the existing dwelling. (iv) The increased floor area of an attached accessory dwelling unit shall not exceed 50 percent of the existing living area, with a maximum increase in floor area of 1,200 square feet. (v) The total area of floorspace for a detached accessory dwelling unit shall not exceed 1,200 square feet. 90 Ch. 720 —14— (vi) 14— (vi) No passageway shall be required in conjunction with the construction of an accessory dwelling unit. (vii) No setback shall be required for an existing garage that is converted to a accessory dwelling unit, and a setback of no more than five feet from the side and rear lot lines shall be required for an accessory dwelling unit that is constructed above a garage. (viii) Local building code requirements that apply to detached dwellings, as appropriate. (ix) Approval by the local health officer where a private sewage disposal system is being used, if required. (x) (I) Parking requirements for accessory dwelling units shall not exceed one parking space per unit or per bedroom. These spaces may be provided as tandem parking on an existing driveway. (II) Offstreet parking shall be permitted in setback areas in locations determined by the local agency or through tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions, or that it is not permitted anywhere else in the jurisdiction. (III) This clause shall not apply to a unit that is described in subdivision (d). (xi) When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit, and the local agency requires that those offstreet parking spaces be replaced, the replacement spaces may be located in any configuration on the same lot as the accessory dwelling unit, including, but not limited to, as covered spaces, uncovered spaces, or tandem spaces, or by the use of mechanical automobile parking lifts. This clause shall not apply to a unit that is described in subdivision (d). (2) The ordinance shall not be considered in the application of any local ordinance, policy, or program to limit residential growth. (3) When a local agency receives its first application on or after July 1, 2003, for a permit pursuant to this subdivision, the application shall be considered ministerially without discretionary review or a hearing, notwithstanding Section 65901 or 65906 or any local ordinance regulating the issuance of variances or special use permits, within 120 days after receiving the application. A local agency may charge a fee to reimburse it for costs that it incurs as a result of amendments to this paragraph enacted during the 2001-02 Regular Session of the Legislature, including the costs of adopting or amending any ordinance that provides for the creation of an accessory dwelling unit. (4) An existing ordinance governing the creation of an accessory dwelling unit by a local agency or an accessory dwelling ordinance adopted by a local agency subsequent to the effective date of the act adding this paragraph shall provide an approval process that includes only ministerial provisions for the approval of accessory dwelling units and shall not include any discretionary processes, provisions, or requirements for those units, except as otherwise provided in this subdivision. In the event that a local agency 90 -15— Ch. 720 has an existing accessory dwelling unit ordinance that fails to meet the requirements of this subdivision, that ordinance shall be null and void upon the effective date of the act adding this paragraph and that agency shall thereafter apply the standards established in this subdivision for the approval of accessory dwelling units, unless and until the agency adopts an ordinance that complies with this section. (5) No other local ordinance, policy, or regulation shall be the basis for the denial of a building permit or a use permit under this subdivision. (6) This subdivision establishes the maximum standards that local agencies shall use to evaluate a proposed accessory dwelling unit on a lot zoned for residential use that contains an existing single-family dwelling. No additional standards, other than those provided in this subdivision, shall be utilized or imposed, except that a local agency may require an applicant for a permit issued pursuant to this subdivision to be an owner -occupant or that the property be used for rentals of terms longer than 30 days. (7) A local agency may amend its zoning ordinance or general plan to incorporate the policies, procedures, or other provisions applicable to the creation of an accessory dwelling unit if these provisions are consistent with the limitations of this subdivision. (8) An accessory dwelling unit that conforms to this subdivision shall be deemed to be an accessory use or an accessory building and shall not be considered to exceed the allowable density for the lot upon which it is located, and shall be deemed to be a residential use that is consistent with the existing general plan and zoning designations for the lot. The accessory dwelling unit shall not be considered in the application of any local ordinance, policy, or program to limit residential growth. (b) When a local agency that has not adopted an ordinance governing accessory dwelling units in accordance with subdivision (a) receives its first application on or after July 1, 1983, for a permit to create an accessory dwelling unit pursuant to this subdivision, the local agency shall accept the application and approve or disapprove the application ministerially without discretionary review pursuant to subdivision (a) within 120 days after receiving the application. (c) A local agency may establish minimum and maximum unit size requirements for both attached and detached accessory dwelling units. No minimum or maximum size for an accessory dwelling unit, or size based upon a percentage of the existing dwelling, shall be established by ordinance for either attached or detached dwellings that does not permit at least an efficiency unit to be constructed in compliance with local development standards. Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary residence. (d) Notwithstanding any other law, a local agency, whether or not it has adopted an ordinance governing accessory dwelling units in accordance with subdivision (a), shall not impose parking standards for an accessory dwelling unit in any of the following instances: (1) The accessory dwelling unit is located within one-half mile of public transit. 90 -3-7- Ch. 720 —16— (2) 16— (2) The accessory dwelling unit is located within an architecturally and historically significant historic district. (3) The accessory dwelling unit is part of the existing primary residence or an existing accessory structure. (4) When on -street parking permits are required but not offered to the occupant of the accessory dwelling unit. (5) When there is a car share vehicle located within one block of the accessory dwelling unit. (e) Notwithstanding subdivisions (a) to (d), inclusive, a local agency shall ministerially approve an application for a building permit to create within a single-family residential zone one accessory dwelling unit per single-family lot if the unit is contained within the existing space of a single-family residence or accessory structure, has independent exterior access from the existing residence, and the side and rear setbacks are sufficient for fire safety. Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary residence. (f) (1) Fees charged for the construction of accessory dwelling units shall be determined in accordance with Chapter 5 (commencing with Section 66000) and Chapter 7 (commencing with Section 66012). (2) Accessory dwelling units shall not be considered new residential uses for the purposes of calculating local agency connection fees or capacity charges for utilities, including water and sewer service. (A) For an accessory dwelling unit described in subdivision (e), a local agency shall not require the applicant to install a new or separate utility connection directly between the accessory dwelling unit and the utility or impose a related connection fee or capacity charge. (B) For an accessory dwelling unit that is not described in subdivision (e), a local agency may require a new or separate utility connection directly between the accessory dwelling unit and the utility. Consistent with Section 66013, the connection may be subject to a connection fee or capacity charge that shall be proportionate to the burden of the proposed accessory dwelling unit, based upon either its size or the number of its plumbing fixtures, upon the water or sewer system. This fee or charge shall not exceed the reasonable cost of providing this service. (g) This section does not limit the authority of local agencies to adopt less restrictive requirements for the creation of an accessory dwelling unit. (h) Local agencies shall submit a copy of the ordinance adopted pursuant to subdivision (a) to the Department of Housing and Community Development within 60 days after adoption. (i) As used in this section, the following terms mean: (1) "Living area" means the interior habitable area of a dwelling unit including basements and attics but does not include a garage or any accessory structure. (2) "Local agency" means a city, county, or city and county, whether general law or chartered. (3) For purposes of this section, "neighborhood" has the same meaning as set forth in Section 65589.5. 90 3 � - -17— Ch. 720 (4) "Accessory dwelling unit" means an attached or a detached residential dwelling unit which provides complete independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family dwelling is situated. An accessory dwelling unit also includes the following: (A) An efficiency unit, as defined in Section 17958.1 of Health and Safety Code. (B) A manufactured home, as defined in Section 18007 of the Health and Safety Code. (5) "Passageway" means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit. 0) Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act (Division 20 (commencing with Section 30000) of the Public Resources Code), except that the local government shall not be required to hold public hearings for coastal development permit applications for accessory dwelling units. SEC. 6. Section 66412.2 of the Government Code is amended to read: 66412.2. This division shall not apply to the construction, financing, or leasing of dwelling units pursuant to Section 65852.1 or accessory dwelling units pursuant to Section 65852.2, but this division shall be applicable to the sale or transfer, but not leasing, of those units. SEC. 7. Section 5.5 of this bill incorporates amendments to Section 65852.2 of the Government Code proposed by both this bill and Assembly Bill 2299. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2017, (2) each bill amends Section 65852.2 of the Government Code, and (3) this bill is enacted after Assembly Bill 2299, in which case Section 5 of this bill shall not become operative. SEC. 8. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code. 90 -3q - II 'T., I E O I L4LI CONN L4 i AUTHENTICATED ELECTRONIC LEGAL MATEOAL Assembly Bill No. 2299 CHAPTER 735 An act to amend Section 65852.2 of the Government Code, relating to land use. [Approved by Governor September 27, 2016. Filed with Secretary of State September 27, 2016.] LEGISLATIVE COUNSEL'S DIGEST AB 2299, Bloom. Land use: housing: 2nd units. The Planning and Zoning Law authorizes the legislative body of a city or county to regulate, among other things, the intensity of land use, and also authorizes a local agency to provide by ordinance for the creation of 2nd units in single-family and multifamily residential zones, as specified. Existing law authorizes the ordinance to designate areas within the jurisdiction of the local agency where 2nd units may be permitted, to impose specified standards on 2nd units, and to provide that 2nd units do not exceed allowable density and are a residential use, as specified. This bill would replace the term "second unit" with "accessory dwelling unit." The bill would, instead, require the ordinance to include the elements described above and would also require the ordinance to require accessory dwelling units to comply with specified conditions. This bill would require ministerial, nondiscretionary approval of an accessory dwelling unit under an existing ordinance. The bill would also specify that a local agency may reduce or eliminate parking requirements for any accessory dwelling unit located within its jurisdiction. Existing law requires that parking requirements for 2nd units not exceed one parking space per unit or per bedroom. Under existing law, additional parking may be required provided that a finding is made that the additional parking requirements are directly related to the use of the 2nd unit and are consistent with existing neighborhood standards applicable to residential dwellings. This bill would delete the above-described authorization for additional parking requirements. By increasing the duties of local officials with respect to land use regulations, this bill would impose a state -mandated local program. This bill would incorporate additional changes in Section 65852.2 of the Government Code proposed by SB 1069 that would become operative only if SB 1069 and this bill are both chaptered and become effective on or before January 1, 2017, and this bill is chaptered last. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. 94 ATTACHMENT 3 Ch. 735 —2— This 2— This bill would provide that no reimbursement is required by this act for a specified reason. The people of the State of California do enact as follows: SECTION 1. Section 65852.2 of the Government Code is amended to read: 65852.2. (a) (1) A local agency may, by ordinance, provide for the creation of accessory dwelling units in single-family and multifamily residential zones. The ordinance shall do all of the following: (A) Designate areas within the jurisdiction of the local agency where accessory dwelling units may be permitted. The designation of areas may be based on criteria, that may include, but are not limited to, the adequacy of water and sewer services and the impact of accessory dwelling units on traffic flow and public safety. (B) Impose standards on accessory dwelling units that include, but are not limited to, parking, height, setback, lot coverage, landscape, architectural review, maximum size of a unit, and standards that prevent adverse impacts on any real property that is listed in the California Register of Historic Places. (C) Notwithstanding subparagraph (B), a local agency may reduce or eliminate parking requirements for any accessory dwelling unit located within its jurisdiction. (D) Provide that accessory dwelling units do not exceed the allowable density for the lot upon which the accessory dwelling unit is located, and that accessory dwelling units are a residential use that is consistent with the existing general plan and zoning designation for the lot. (E) Require the accessory dwelling units to comply with all of the following: (i) The unit is not intended for sale separate from the primary residence and may be rented. (ii) The lot is zoned for single-family or multifamily use. (iii) The accessory dwelling unit is either attached to the existing dwelling or located within the living area of the existing dwelling or detached from the existing dwelling and located on the same lot as the existing dwelling. (iv) The increased floor area of an attached accessory dwelling unit shall not exceed 50 percent of the existing living area. (v) The total area of floorspace for a detached accessory dwelling unit shall not exceed 1,200 square feet. (vi) No passageway shall be required in conjunction with the construction of an accessory dwelling unit. (vii) No setback shall be required for an existing garage that is converted to a accessory dwelling unit, and a setback of no more than five feet from the side and rear lot lines shall be required for an accessory dwelling unit that is constructed above a garage. 94 -3— Ch. 735 (viii) Local building code requirements that apply to detached dwellings, as appropriate. (ix) Approval by the local health officer where a private sewage disposal system is being used, if required. (x) (I) Parking requirements for accessory dwelling units shall not exceed one parking space per unit or per bedroom. These spaces may be provided as tandem parking on an existing driveway. (II) Offstreet parking shall be permitted in setback areas in locations determined by the local agency or through tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions, or that it is not permitted anywhere else in the jurisdiction. (xi) When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit, and the local agency requires that those offstreet parking spaces be replaced, the replacement spaces may be located in any configuration on the same lot as the accessory dwelling unit, including, but not limited to, as covered spaces, uncovered spaces, or tandem spaces, or by the use of mechanical automobile parking lifts. (2) The ordinance shall not be considered in the application of any local ordinance, policy, or program to limit residential growth. (3) When a local agency receives its first application on or after July 1, 2003, for a permit pursuant to this subdivision, the application shall be considered ministerially without discretionary review or a hearing, notwithstanding Section 65901 or 65906 or any local ordinance regulating the issuance of variances or special use permits, within 120 days after receiving the application. A local agency may charge a fee to reimburse it for costs that it incurs as a result of amendments to this paragraph enacted during the 2001-02 Regular Session of the Legislature, including the costs of adopting or amending any ordinance that provides for the creation of accessory dwelling units. (4) Any existing ordinance governing the creation of accessory dwelling units by a local agency or any such ordinance adopted by a local agency subsequent to the effective date of the act adding this paragraph shall provide an approval process that includes only ministerial provisions for the approval of accessory dwelling units and shall not include any discretionary processes, provisions, or requirements for those units except as otherwise provided in this subdivision. In the event that a local agency has an existing accessory dwelling unit ordinance that fails to meet the requirements of this subdivision, that ordinance shall be null and void upon the effective date of the act adding this paragraph and that agency shall thereafter apply the standards established in this subdivision for the approval of accessory dwelling units, unless and until the agency adopts an ordinance that complies with this section. (5) No other local ordinance, policy, or regulation shall be the basis for the denial of a building permit or a use permit under this subdivision. 94 Ch. 735 —4 (6) This subdivision establishes the maximum standards that local agencies shall use to evaluate proposed accessory dwelling units on lots zoned for residential use that contain an existing single-family dwelling. No additional standards, other than those provided in this subdivision, shall be utilized or imposed, except that a local agency may require an applicant for a permit issued pursuant to this subdivision to be an owner -occupant. (7) A local agency may amend its zoning ordinance or general plan to incorporate the policies, procedures, or other provisions applicable to the creation of accessory dwelling units if these provisions are consistent with the limitations of this subdivision. (8) An accessory dwelling unit that conforms to this subdivision shall be deemed to be an accessory use or an accessory building and shall not be considered to exceed the allowable density for the lot upon which it is located, and shall be deemed to be a residential use that is consistent with the existing general plan and zoning designations for the lot. The accessory dwelling units shall not be considered in the application of any local ordinance, policy, or program to limit residential growth. (b) When a local agency that has not adopted an ordinance governing accessory dwelling units in accordance with subdivision (a) receives its first application on or after July 1, 1983, for a permit pursuant to this subdivision, the local agency shall accept the application and approve or disapprove the application ministerially without discretionary review pursuant to subdivision (a) within 120 days after receiving the application. (c) A local agency may establish minimum and maximum unit size requirements for both attached and detached accessory dwelling units. No minimum or maximum size for a accessory dwelling unit, or size based upon a percentage of the existing dwelling, shall be established by ordinance for either attached or detached dwellings that does not permit at least an efficiency unit to be constructed in compliance with local development standards. (d) Fees charged for the construction of accessory dwelling units shall be determined in accordance with Chapter 5 (commencing with Section 66000). (e) This section does not limit the authority of local agencies to adopt less restrictive requirements for the creation of accessory dwelling units, provided those requirements comply with subdivision (a). (f) Local agencies shall submit a copy of the ordinances adopted pursuant to subdivision (a) to the Department of Housing and Community Development within 60 days after adoption. (g) As used in this section, the following terms mean: (1) "Living area" means the interior habitable area of a dwelling unit including basements and attics but does not include a garage or any accessory structure. (2) "Local agency" means a city, county, or city and county, whether general law or chartered. (3) For purposes of this section, "neighborhood" has the same meaning as set forth in Section 65589.5. 94 l zi 1 __ -5— Ch. 735 (4) "Accessory dwelling unit' means an attached or a detached residential dwelling unit which provides complete independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family dwelling is situated. An accessory dwelling unit also includes the following: (A) An efficiency unit, as defined in Section 17958.1 of Health and Safety Code. (B) A manufactured home, as defined in Section 18007 of the Health and Safety Code. (C) "Passageway" means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit. (h) Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act (Division 20 (commencing with Section 30000) of the Public Resources Code), except that the local government shall not be required to hold public hearings for coastal development permit applications for accessory dwelling units. SEC. 1.5. Section 65852.2 of the Government Code is amended to read: 65852.2. (a) (1) A local agency may, by ordinance, provide for the creation of accessory dwelling units in single-family and multifamily residential zones. The ordinance shall do all of the following: (A) Designate areas within the jurisdiction of the local agency where accessory dwelling units may be permitted. The designation of areas may be based on criteria, that may include, but are not limited to, the adequacy of water and sewer services and the impact of accessory dwelling units on traffic flow and public safety. (B) (i) Impose standards on accessory dwelling units that include, but are not limited to, parking, height, setback, lot coverage, landscape, architectural review, maximum size of a unit, and standards that prevent adverse impacts on any real property that is listed in the California Register of Historic Places. (ii) Notwithstanding clause (i), a local agency may reduce or eliminate parking requirements for any accessory dwelling unit located within its jurisdiction. (C) Provide that accessory dwelling units do not exceed the allowable density for the lot upon which the accessory dwelling unit is located, and that accessory dwelling units are a residential use that is consistent with the existing general plan and zoning designation for the lot. (D) Require the accessory dwelling units to comply with all of the following: (i) The unit is not intended for sale separate from the primary residence and may be rented. (ii) The lot is zoned for single-family or multifamily use and contains an existing, single-family dwelling. (iii) The accessory dwelling unit is either attached to the existing dwelling or located within the living area of the existing dwelling or detached from the existing dwelling and located on the same lot as the existing dwelling. 94 X14 � Ch. 735 —6— (iv) 6— (iv) The increased floor area of an attached accessory dwelling unit shall not exceed 50 percent of the existing living area, with a maximum increase in floor area of 1,200 square feet. (v) The total area of floorspace for a detached accessory dwelling unit shall not exceed 1,200 square feet. (vi) No passageway shall be required in conjunction with the construction of an accessory dwelling unit. (vii) No setback shall be required for an existing garage that is converted to a accessory dwelling unit, and a setback of no more than five feet from the side and rear lot lines shall be required for an accessory dwelling unit that is constructed above a garage. (viii) Local building code requirements that apply to detached dwellings, as appropriate. (ix) Approval by the local health officer where a private sewage disposal system is being used, if required. (x) (I) Parking requirements for accessory dwelling units shall not exceed one parking space per unit or per bedroom. These spaces may be provided as tandem parking on an existing driveway. (11) Offstreet parking shall be permitted in setback areas in locations determined by the local agency or through tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions, or that it is not permitted anywhere else in the jurisdiction. (III) This clause shall not apply to a unit that is described in subdivision (d). (xi) When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit, and the local agency requires that those offstreet parking spaces be replaced, the replacement spaces may be located in any configuration on the same lot as the accessory dwelling unit, including, but not limited to, as covered spaces, uncovered spaces, or tandem spaces, or by the use of mechanical automobile parking lifts. This clause shall not apply to a unit that is described in subdivision (d). (2) The ordinance shall not be considered in the application of any local ordinance, policy, or program to limit residential growth. (3) When a local agency receives its first application on or after July 1, 2003, for a permit pursuant to this subdivision, the application shall be considered ministerially without discretionary review or a hearing, notwithstanding Section 65901 or 65906 or any local ordinance regulating the issuance of variances or special use permits, within 120 days after receiving the application. A local agency may charge a fee to reimburse it for costs that it incurs as a result of amendments to this paragraph enacted during the 2001-02 Regular Session of the Legislature, including the costs of adopting or amending any ordinance that provides for the creation of an accessory dwelling unit. (4) An existing ordinance governing the creation of an accessory dwelling unit by a local agency or an accessory dwelling ordinance adopted by a 94 - A5- -7— Ch. 735 local agency subsequent to the effective date of the act adding this paragraph shall provide an approval process that includes only ministerial provisions for the approval of accessory dwelling units and shall not include any discretionary processes, provisions, or requirements for those units, except as otherwise provided in this subdivision. In the event that a local agency has an existing accessory dwelling unit ordinance that fails to meet the requirements of this subdivision, that ordinance shall be null and void upon the effective date of the act adding this paragraph and that agency shall thereafter apply the standards established in this subdivision for the approval of accessory dwelling units, unless and until the agency adopts an ordinance that complies with this section. (5) No other local ordinance, policy, or regulation shall be the basis for the denial of a building permit or a use permit under this subdivision. (6) This subdivision establishes the maximum standards that local agencies shall use to evaluate a proposed accessory dwelling unit on a lot zoned for residential use that contains an existing single-family dwelling. No additional standards, other than those provided in this subdivision, shall be utilized or imposed, except that a local agency may require an applicant for a permit issued pursuant to this subdivision to be an owner -occupant or that the property be used for rentals of terms longer than 30 days. (7) A local agency may amend its zoning ordinance or general plan to incorporate the policies, procedures, or other provisions applicable to the creation of an accessory dwelling unit if these provisions are consistent with the limitations of this subdivision. (8) An accessory dwelling unit that conforms to this subdivision shall be deemed to be an accessory use or an accessory building and shall not be considered to exceed the allowable density for the lot upon which it is located, and shall be deemed to be a residential use that is consistent with the existing general plan and zoning designations for the lot. The accessory dwelling unit shall not be considered in the application of any local ordinance, policy, or program to limit residential growth. (b) When a local agency that has not adopted an ordinance governing accessory dwelling units in accordance with subdivision (a) receives its first application on or after July 1, 1983, for a permit to create an accessory dwelling unit pursuant to this subdivision, the local agency shall accept the application and approve or disapprove the application ministerially without discretionary review pursuant to subdivision (a) within 120 days after receiving the application. (c) A local agency may establish minimum and maximum unit size requirements for both attached and detached accessory dwelling units. No minimum or maximum size for an accessory dwelling unit, or size based upon a percentage of the existing dwelling, shall be established by ordinance for either attached or detached dwellings that does not permit at least an efficiency unit to be constructed in compliance with local development standards. Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary residence. 94 r Ch. 735 —8— (d) 8— (d) Notwithstanding any other law, a local agency, whether or not it has adopted an ordinance governing accessory dwelling units in accordance with subdivision (a), shall not impose parking standards for an accessory dwelling unit in any of the following instances: (1) The accessory dwelling unit is located within one-half mile of public transit. (2) The accessory dwelling unit is located within an architecturally and historically significant historic district. (3) The accessory dwelling unit is part of the existing primary residence or an existing accessory structure. (4) When on -street parking permits are required but not offered to the occupant of the accessory dwelling unit. (5) When there is a car share vehicle located within one block of the accessory dwelling unit. (e) Notwithstanding subdivisions (a) to (d), inclusive, a local agency shall ministerially approve an application for a building permit to create within a single-family residential zone one accessory dwelling unit per single-family lot if the unit is contained within the existing space of a single-family residence or accessory structure, has independent exterior access from the existing residence, and the side and rear setbacks are sufficient for fire safety. Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary residence. (f) (1) Fees charged for the construction of accessory dwelling units shall be determined in accordance with Chapter 5 (commencing with Section 66000) and Chapter 7 (commencing with Section 66012). (2) Accessory dwelling units shall not be considered new residential uses for the purposes of calculating local agency connection fees or capacity charges for utilities, including water and sewer service. (A) For an accessory dwelling unit described in subdivision (e), a local agency shall not require the applicant to install a new or separate utility connection directly between the accessory dwelling unit and the utility or impose a related connection fee or capacity charge. (B) For an accessory dwelling unit that is not described in subdivision (e), a local agency may require a new or separate utility connection directly between the accessory dwelling unit and the utility. Consistent with Section 66013, the connection may be subject to a connection fee or capacity charge that shall be proportionate to the burden of the proposed accessory dwelling unit, based upon either its size or the number of its plumbing fixtures, upon the water or sewer system. This fee or charge shall not exceed the reasonable cost of providing this service. (g) This section does not limit the authority of local agencies to adopt less restrictive requirements for the creation of an accessory dwelling unit. (h) Local agencies shall submit a copy of the ordinance adopted pursuant to subdivision (a) to the Department of Housing and Community Development within 60 days after adoption. (i) As used in this section, the following terms mean: 94 -9— Ch. 735 (1) "Living area" means the interior habitable area of a dwelling unit including basements and attics but does not include a garage or any accessory structure. (2) "Local agency" means a city, county, or city and county, whether general law or chartered. (3) For purposes of this section, "neighborhood" has the same meaning as set forth in Section 65589.5. (4) "Accessory dwelling unit' means an attached or a detached residential dwelling unit which provides complete independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family dwelling is situated. An accessory dwelling unit also includes the following: (A) An efficiency unit, as defined in Section 17958.1 of Health and Safety Code. (B) A manufactured home, as defined in Section 18007 of the Health and Safety Code. (5) "Passageway" means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit. 0) Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act (Division 20 (commencing with Section 30000) of the Public Resources Code), except that the local government shall not be required to hold public hearings for coastal development permit applications for accessory dwelling units. SEC. 2. Section 1.5 of this bill incorporates amendments to Section 65852.2 of the Government Code proposed by both this bill and Senate Bill 1069. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2017, (2) each bill amends Section 65852.2 of the Government Code, and (3) this bill is enacted after Senate Bill 1069, in which case Section 1 of this bill shall not become operative. SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code. n issI-- 94 4 ' Courtesy of Karen Chapple. UC Berkeley California Department of Housing and Community Development Where Foundations Begin AccessoryDwelling Unit Memorandum December 2016 'Mmij Pb Table of Contents Understanding ADUs and Their Importance...................................................................................... 1 Summary of Recent Changes to Accessory Dwelling Unit Laws ..................................................... 3 Frequently Asked Questions: Accessory Dwelling Units................................................................. 7 Should an Ordinance Encourage the Development of ADUs?.......................................................... 7 Are Existing Ordinances Null and Void?........................................................................................... 7 Are Local Governments Required to Adopt an Ordinance?.............................................................. 8 Can a Local Government Preclude ADUs?...................................................................................... 8 Can a Local Government Apply Development Standards and Designate Areas? ............................. 8 Can a Local Government Adopt Less Restrictive Requirements?.................................................... 9 Can Local Governments Establish Minimum and Maximum Unit Sizes? .......................................... 9 Can ADUs Exceed General Plan and Zoning Densities?................................................................. 9 HowAre Fees Charged to ADUs?.................................................................................................. 11 What Utility Fee Requirements Apply to ADUs....................................................................11 What Utility Fee Requirements Apply to Non -City and County Service Districts? ........................... 11 Do Utility Fee Requirements Apply to ADUs within Existing Space? .............................................. 11 Does "Public Transit' Include within One-half Mile of a Bus Stop and Train Station? ..................... 11 Can Parking Be Required Where a Car Share is Available?.......................................................... 12 Is Off Street Parking Permitted in Setback Areas or through Tandem Parking? ............................. 12 IsCovered Parking Required?....................................................................................................... 12 Is Replacement Parking Required When the Parking Area for the Primary Structure is Used for an ADU?............................................................................................................................................. 12 Are Setbacks Required When an Existing Garage is Converted to an ADU?................................. 12 Are ADUs Permitted in Existing Residence and Accessory Space? ............................................... 13 Are Owner Occupants Required?.................................................................................................. 13 Are Fire Sprinklers Required for ADUs?......................................................................................... 13 Is Manufactured Housing Permitted as an ADU?........................................................................... 14 Can an Efficiency Unit Be Smaller than 220 Square Feet?............................................................. 14 Does ADU Law Apply to Charter Cities and Counties?.................................................................. 14 Do ADUs Count toward the Regional Housing Need Allocation .............................................. 14 Must Ordinances Be Submitted to the Department of Housing and Community Development? ..... 15 Frequently Asked Questions: Junior Accessory Dwelling Units ....................................... Is There a Difference between ADU and JADU?................................................................ Why Adopt a JADU Ordinance?............................................................................... Can JADUs Count towards The RHNA?............................................................................ Can the JADU Be Sold Independent of the Primary Dwelling? ........................................... Are JADUs Subject to Connection and Capacity Fees? ..................................................... Are There Requirements for Fire Separation and Fire Sprinklers? ..................................... Resources.............................................................................................................................. Attachment 1: Statutory Changes (Strikeout/Underline)..................................................... Attachment 2: Sample ADU Ordinance.............................................................................. Attachment 3: Sample JADU Ordinance............................................................................ Attachment 4: State Standards Checklist........................................................................... Attachment5: Bibliography................................................................................................ Understanding Accessory Dwelling Units and Their Importance California's housing production is not keeping pace with demand. In the last decade less than half of the needed housing was built. This lack of housing is impacting affordability with average housing costs in California exceeding the rest of the nation. As affordability becomes more problematic, people drive longer distances between a home that is affordable and where they work, or double up to share space, both of which reduces quality of life and produces negative environmental impacts. Beyond traditional market -rate construction and government subsidized production and preservation there Courtesy of Karen Chapple, UC Berkeley are alternative housing models and emerging trends that can contribute to addressing home supply and affordability in California. One such example gaining popularity are Accessory Dwelling Units (ADUs) (also referred to as second units, in- law units, or granny flats). What is an ADU An ADU is a secondary dwelling unit with complete independent living facilities for one or more persons and generally takes three forms: • Detached: The unit is separated from the primary structure • Attached: The unit is attached to the primary structure • Repurposed Existing Space: Space (e.g., master bedroom) within the primary residence is converted into an independent living unit • Junior Accessory Dwelling Units: Similar to repurposed space with various streamlining measures ADUs offer benefits that address common development barriers such as affordability and environmental quality. ADUs are an affordable type of home to construct in California because they do not require paying for land, major new infrastructure, structured parking, or elevators. ADUs are built with cost-effective one- or two-story wood frame construction, which is significantly less costly than homes in new multifamily infill buildings. ADUs can provide as much living space as the new apartments and condominiums being built in new infill buildings and serve very well for couples, small families, friends, young people, and seniors. ADUs are a different form of housing that can help California meet its diverse housing needs. Young professionals and students desire to live in areas close to jobs, amenities, and schools. The problem with high -opportunity areas is that space is limited. There is a shortage of affordable units and the units that are available can be out of reach for many people. To address the needs of individuals or small families seeking living quarters in high opportunity areas, homeowners can construct an ADU on their lot or convert an underutilized part of their home like a garage 52 into a junior ADU. This flexibility benefits not just people renting the space, but the homeowner as well, who can receive an extra monthly rent income. ADUs give homeowners the flexibility to share independent living areas with family members and others, allowing seniors to age in place as they require more care and helping extended families to be near one another while maintaining privacy. Relaxed regulations and the cost to build an ADU make it a very feasible affordable housing option. A UC Berkeley study noted that one unit of affordable housing in the Bay Area costs about $500,000 to develop whereas an ADU can range anywhere up to $200,000 on the expensive end in high housing cost areas. ADUs are a critical form of infill -development that can be affordable and offer important housing choices within existing neighborhoods. ADUs are a powerful type of housing unit because they allow for different uses, and serve different populations ranging from students and young professionals to young families, people with disabilities and senior citizens. By design, ADUs are more affordable and can provide additional income to homeowners. Local governments can encourage the development of ADUs and improve access to jobs, education and services for many Californians. 4 Summary of Recent Changes to ADU Laws Courtesy of Karen Chapple, UC Berkeley The California legislature found and declared that, among other things, allowing accessory dwelling units (ADUs) in single family and multifamily zones provides additional rental housing and are an essential component in addressing housing needs in California. Over the years, ADU law has been revised to improve its effectiveness such as recent changes in 2003 to require ministerial approval. In 2017, changes to ADU laws will further reduce barriers, better streamline approval and expand capacity to accommodate the development of ADUs. ADUs are a unique opportunity to address a variety of housing needs and provide affordable housing options for family members, friends, students, the elderly, in-home health care providers, the disabled, and others. Further, ADUs offer an opportunity to maximize and integrate housing choices within existing neighborhoods. Within this context, the Department has prepared this guidance to assist local governments in encouraging the development of ADUs. Please see Attachment 1 for the complete statutory changes. The following is a brief summary of the changes for each bill. SB 1069 (Wieckowski) S.B. 1069 (Chapter 720, Statutes of 2016) made several changes to address barriers to the development of ADUs and expanded capacity for their development. The following is a brief summary of provisions that go into effect January 1, 2017. Parking SB 1069 reduces parking requirements to one space per bedroom or unit. The legislation authorizes off street parking to be tandem or in setback areas unless specific findings such as fire and life safety conditions are made. SB 1069 also prohibits parking requirements if the ADU meets any of the following: • Is within a half mile from public transit. • Is within an architecturally and historically significant historic district. • Is part of an existing primary residence or an existing accessory structure. • Is in an area where on -street parking permits are required, but not offered to the occupant of the ADU. • Is located within one block of a car share area. Fees SB 1069 provides that ADUs shall not be considered new residential uses for the purpose of calculating utility connection fees or capacity charges, including water and sewer service. The bill prohibits a local agency from requiring an ADU applicant to install a new or separate utility connection or impose a related connection fee or capacity charge for ADUs that are contained within an existing residence or accessory structure. For attached and detached ADUs, this fee or charge must be proportionate to the burden of the unit on the water or sewer system and may not exceed the reasonable cost of providing the service. Fire Requirements SB 1069 provides that fire sprinklers shall not be required in an accessory unit if they are not required in the primary residence. ADUs within Existing Space Local governments must ministerially approve an application to create within a single family residential zone one ADU per single family lot if the unit is: • contained within an existing residence or accessory structure. • has independent exterior access from the existing residence. • has side and rear setbacks that are sufficient for fire safety. These provisions apply within all single family residential zones and ADUs within existing space must be allowed in all of these zones. No additional parking or other development standards can be applied except for building code requirements. No Total Prohibition SB 1069 prohibits a local government from adopting an ordinance that precludes ADUs. AB 2299 (Bloom) Generally, AB 2299 (Chapter 735, Statutes of 2016) requires a local government (beginning January 1, 2017) to ministerially approve ADUs if the unit complies with certain parking requirements, the maximum allowable size of an attached ADU, and setback requirements, as follows: • The unit is not intended for sale separate from the primary residence and may be rented. • The lot is zoned for single-family or multifamily use and contains an existing, single-family dwelling. • The unit is either attached to an existing dwelling or located within the living area of the existing dwelling or detached and on the same lot. • The increased floor area of the unit does not exceed 50% of the existing living area, with a maximum increase in floor area of 1,200 square feet. • The total area of floorspace for a detached accessory dwelling unit does not exceed 1,200 square feet. • No passageway can be required. • No setback can be required from an existing garage that is converted to an ADU. 4 S S- • Compliance with local building code requirements. • Approval by the local health officer where private sewage disposal system is being used. Impact on Existing Accessory Dwelling Unit Ordinances AB 2299 provides that any existing ADU ordinance that does not meet the bill's requirements is null and void upon the date the bill becomes effective. In such cases, a jurisdiction must approve accessory dwelling units based on Government Code Section 65852.2 until the jurisdiction adopts a compliant ordinance. AB 2406 (Thurmond) AB 2406 (Chapter 755, Statutes of 2016) creates more flexibility for housing options by authorizing local governments to permit junior accessory dwelling units (JADU) through an ordinance. The bill defines JADUs to be a unit that cannot exceed 500 square feet and must be completely contained within the space of an existing residential structure. In addition, the bill requires specified components for a local JADU ordinance. Adoption of a JADU ordinance is optional. Required Components The ordinance authorized by AB 2406 must include the following requirements: • Limit to one JADU per residential lot zoned for single-family residences with a single-family residence already built on the lot. • The single-family residence in which the JADU is created or JADU must be occupied by the owner of the residence. • The owner must record a deed restriction stating that the JADU cannot be sold separately from the single- family residence and restricting the JADU to the size limitations and other requirements of the JADU ordinance. • The JADU must be located entirely within the existing structure of the single-family residence and JADU have its own separate entrance. • The JADU must include an efficiency kitchen which includes a sink, cooking appliance, counter surface, and storage cabinets that meet minimum building code standards. No gas or 220V circuits are allowed. • The JADU may share a bath with the primary residence or have its own bath. Prohibited Components This bill prohibits a local JADU ordinance from requiring: • Additional parking as a condition to grant a permit. Applying additional water, sewer and power connection fees. No connections are needed as these utilities have already been accounted for in the original permit for the home. Fire Safety Requirements AB 2406 clarifies that a JADU is to be considered part of the single-family residence for the purposes of fire and life protections ordinances and regulations, such as sprinklers and smoke detectors. The bill also requires life and protection ordinances that affect single-family residences to be applied uniformly to all single-family residences, regardless of the presence of a JADU. JADUs and the RHNA As part of the housing element portion of their general plan, local governments are required to identify sites with appropriate zoning that will accommodate projected housing needs in their regional housing need allocation (RHNA) and report on their progress pursuant to Government Code Section 65400. To credit a JADU toward the RHNA, HCD and the Department of Finance (DOF) utilize the census definition of a housing unit which is fairly flexible. Local government count units as part of reporting to DOF. JADUs meet these definitions and this bill would allow cities and counties to earn credit toward meeting their RHNA allocations by permitting residents to create less costly accessory units. See additional discussion under JADU frequently asked questions. 6 _ 3 Frequently Asked Questions: Accessory Dwelling Units Should an Ordinance Encourage the Development of ADUs? Yes, ADU law and recent changes intend to address barriers, streamline approval and expand potential capacity for ADUs recognizing their unique importance in addressing California's housing needs. The preparation, adoption, amendment and implementation of local ADU ordinances must be carried out consistent with Government Code Section 65852.150: (a) The Legislature finds and declares all of the following: (1) Accessory dwelling units are a valuable form of housing in California. (2) Accessory dwelling units provide housing for family members, students, the elderly, in-home health care providers, the disabled, and others, at below market prices within existing neighborhoods. (3) Homeowners who create accessory dwelling units benefit from added income, and an increased sense of security. (4) Allowing accessory dwelling units in single-family or multifamily residential zones provides additional rental housing stock in California. (5) California faces a severe housing crisis. (6) The state is falling far short of meeting current and future housing demand with serious consequences for the state's economy, our ability to build green infill consistent with state greenhouse gas reduction goals, and the well-being of our citizens, particularly lower and middle-income earners. (7) Accessory dwelling units offer lower cost housing to meet the needs of existing and future residents within existing neighborhoods, while respecting architectural character. (8) Accessory dwelling units are, therefore, an essential component of California's housing supply. (b) It is the intent of the Legislature that an accessory dwelling unit ordinance adopted by a local agency has the effect of providing for the creation of accessory dwelling units and that provisions in this ordinance relating to matters including unit size, parking, fees, and other requirements, are not so arbitrary, excessive, or burdensome so as to unreasonably restrict the ability of homeowners to create accessory dwelling units in zones in which they are authorized by local ordinance. Are Existing Ordinances Null and Void? Yes, any local ordinance adopted prior to January 1, 2017 that is not in compliance with the changes to ADU law will be null and void. Until an ordinance is adopted, local governments must apply "state standards" (See Attachment 4 for State Standards checklist). In the absence of a local ordinance complying with ADU law, local review must be limited to "state standards" and cannot include additional requirements such as those in an existing ordinance. Are Local Governments Required to Adopt an Ordinance? No, a local government is not required to adopt an ordinance. ADUs built within a jurisdiction that lacks a local ordinance must comply with state standards (See Attachment 4). Adopting an ordinance can occur through different forms such as a new ordinance, amendment to an existing ordinance, separate section or special regulations within the zoning code or integrated into the zoning code by district. However, the ordinance should be established legislatively through a public process and meeting and not through internal administrative actions such as memos or zoning interpretations. Can a Local Government Preclude ADUs? No local government cannot preclude ADUs. Can a Local Government Apply Development Standards and Designate Areas? Yes, local governments may apply development standards and may designate where ADUs are permitted (GC Sections 65852.2(a)(1)(A) and (B)). However, ADUs within existing structures must be allowed in all single family residential zones. For ADUs that require an addition or a new accessory structure, development standards such as parking, height, lot coverage, lot size and maximum unit size can be established with certain limitations. ADUs can be avoided or allowed through an ancillary and separate discretionary process in areas with health and safety risks such as high fire hazard areas. However, standards and allowable areas must not be designed or applied in a manner that burdens the development of ADUs and should maximize the potential for ADU development. Designating areas where ADUs are allowed should be approached primarily on health and safety issues including water, sewer, traffic flow and public safety. Utilizing approaches such as restrictive overlays, limiting ADUs to larger lot sizes, burdensome lot coverage and setbacks and particularly concentration or distance requirements (e.g., no less than 500 feet between ADUs) may unreasonably restrict the ability of the homeowners to create ADUs, contrary to the intent of the Legislature. "G Requiring large minimum lot sizes and not allowing smaller lot sizes for ADUs can severely restrict their potential development. For example, large minimum lot sizes for ADUs may constrict capacity throughout most of the community. Minimum lot sizes cannot be applied to ADUs within existing structures and could be considered relative to health and safety concerns such as areas on septic systems. While larger lot sizes might be targeted for various reasons such as ease of compatibility, many tools are available (e.g., maximum unit size, maximum lot coverage, minimum setbacks, architectural and landscape requirements) that allows ADUs to fit well within the built environment. Can a Local Government Adopt Less Restrictive Requirements? Yes, ADU law is a minimum requirement and its purpose is to encourage the development of ADUs. Local governments can take a variety of actions beyond the statute that promote ADUs such as reductions in fees, less restrictive parking or unit sizes or amending general plan policies. Santa Cruz has confronted a shortage of housing for many years, considering its growth in population from incoming students at UC Santa Cruz and its proximity to Silicon Valley. The city promoted the development of ADUs as critical infill -housing opportunity through various strategies such as creating a manual to promote ADUs. The manual showcases prototypes of ADUs and outlines city zoning laws and requirements to make it more convenient for homeowners to get information. The City found that homeowners will take time to develop an ADU only if information is easy to find, the process is simple, and there is sufficient guidance on what options they have in regards to design and planning. The city set the minimum lot size requirement at 4,500 sq. ft. to develop an ADU in order to encourage more homes to build an ADU. This allowed for a majority of single-family homes in Santa Cruz to develop an ADU. For more information, see http://www.cityofsantacruz.com/departments/planning-and-community- development/program s/accessory-dwelling-unit-development-program. Can Local Governments Establish Minimum and Maximum Unit Sizes? Yes, a local government may establish minimum and maximum unit sizes (GC Section 65852.2(c). However, like all development standards (e.g., height, lot coverage, lot size), unit sizes should not burden the development of ADUs. For example, setting a minimum unit size that substantially increases costs or a maximum unit size that unreasonably restricts opportunities would be inconsistent with the intent of the statute. Typical maximum unit sizes range from 800 square feet to 1,200 square feet. Minimum unit size must at least allow for an efficiency unit as defined in Health and Safety Code Section 17958.1. ADU law requires local government approval if meeting various requirements (GC Section 65852.2(a)(1)(D)), including unit size requirements. Specifically, attached ADUs shall not exceed 50 percent of the existing living area or 1,200 square feet and detached ADUs shall not exceed 1,200 square feet. A local government may choose a maximum unit size less than 1,200 square feet as long as the requirement is not burdensome on the creation of ADUs. Can ADUs Exceed General Plan and Zoning Densities? 0__ An ADU is an accessory use for the purposes of calculating allowable density under the general plan and zoning. For example, if a zoning district allows one unit per 7,500 square feet, then an ADU would not be counted as an additional unit. Minimum lot sizes must not be doubled (e.g., 15,000 square feet) to account for an ADU. Further, local governments could elect to allow more than one ADU on a lot. New developments can increase the total number of affordable units in their project plans by integrating ADUs. Aside from increasing the total number of affordable units, integrating ADUs also promotes housing choices within a development. One such example is the Cannery project in Davis, CA. The Cannery project includes 547 residential units with up to 60 integrated ADUs. ADUs within the Cannery blend in with surrounding architecture, maintaining compatibility with neighborhoods and enhancing community character. ADUs are constructed at the same time as the primary single-family unit to ensure the affordable rental unit is available in the housing supply concurrent with the availability of market rate housing. 10 How Are Fees Charged to ADUs? All impact fees, including water, sewer, park and traffic fees must be charged in accordance with the Fee Mitigation Act, which requires fees to be proportional to the actual impact (e.g., significantly less than a single family home). Fees on ADUs, must proportionately account for impact on services based on the size of the ADU or number of plumbing fixtures. For example, a 700 square foot new ADU with one bathroom that results in less landscaping should be charged much less than a 2,000 square foot home with three bathrooms and an entirely new landscaped parcel which must be irrigated. Fees for ADUs should be significantly less and should account for a lesser impact such as lower sewer or traffic impacts. What Utility Fee Requirements Apply to ADUs? Cities and counties cannot consider ADUs as new residential uses when calculating connection fees and capacity charges. Where ADUs are being created within an existing structure (primary or accessory), the city or county cannot require a new or separate utility connections for the ADU and cannot charge any connection fee or capacity charge. For other ADUs, a local agency may require separate utility connections between the primary dwelling and the ADU, but any connection fee or capacity charge must be proportionate to the impact of the ADU based on either its size or the number of plumbing fixtures. What Utility Fee Requirements Apply to Non -City and County Service Districts? All local agencies must charge impact fees in accordance with the Mitigation Fee Act (commencing with Government Code Section 66000), including in particular Section 66013, which requires the connection fees and capacity charges to be proportionate to the burden posed by the ADU. Special districts and non -city and county service districts must account for the lesser impact related to an ADU and should base fees on unit size or number of plumbing fixtures. Providers should consider a proportionate or sliding scale fee structures that address the smaller size and lesser impact of ADUs (e.g., fees per square foot or fees per fixture). Fee waivers or deferrals could be considered to better promote the development of ADUs. Do Utility Fee Requirements Apply to ADUs within Existing Space? No, where ADUs are being created within an existing structure (primary or accessory), new or separate utility connections and fees (connection and capacity) must not be required. Does "Public Transit" Include within One-half Mile of a Bus Stop and Train Station? Yes, "public transit' may include a bus stop, train station and paratransit if appropriate for the applicant. "Public transit' includes areas where transit is available and can be considered regardless of tighter headways (e.g., 15 minute intervals). Local governments could consider a broader definition of "public transit' such as distance to a bus route. 11 - (2_� Can Parking Be Required Where a Car Share Is Available? No, ADU law does not allow parking to be required when there is a car share located within a block of the ADU. A car share location includes a designated pick up and drop off location. Local governments can measure a block from a pick up and drop off location and can decide to adopt broader distance requirements such as two to three blocks. Is Off Street Parking Permitted in Setback Areas or through Tandem Parking? Yes, ADU law deliberately reduces parking requirements. Local governments may make specific findings that tandem parking and parking in setbacks are infeasible based on specific site, regional topographical or fire and life safety conditions or that tandem parking or parking in setbacks is not permitted anywhere else in the jurisdiction. However, these determinations should be applied in a manner that does not unnecessarily restrict the creation of ADUs. Local governments must provide reasonable accommodation to persons with disabilities to promote equal access housing and comply with fair housing laws and housing element law. The reasonable accommodation procedure must provide exception to zoning and land use regulations which includes an ADU ordinance. Potential exceptions are not limited and may include development standards such as setbacks and parking requirements and permitted uses that further the housing opportunities of individuals with disabilities. Is Covered Parking Required? No, off street parking must be permitted through tandem parking on an existing driveway, unless specific findings are made. Is Replacement Parking Required When the Parking Area for the Primary Structure Is Used for an ADU? Yes, but only if the local government requires off-street parking to be replaced in which case flexible arrangements such as tandem, including existing driveways and uncovered parking are allowed. Local governments have an opportunity to be flexible and promote ADUs that are being created on existing parking space and can consider not requiring replacement parking. Are Setbacks Required When an Existing Garage Is Converted to an ADU? No, setbacks must not be required when a garage is converted or when existing space (e.g., game room or office) above a garage is converted. Rear and side yard setbacks of no more than five feet are required when new space is added above a garage for an ADU. In this case, the setbacks only apply to the added space above the garage, not the existing garage and the ADU can be constructed wholly or partly above the garage, including extending beyond the garage walls. Also, when a garage, carport or covered parking structure is demolished or where the parking area ceases to exist so an ADU can be created, the replacement parking must be allowed in any "configuration" on the lot, "...including, 12 but not limited to, covered spaces, uncovered spaces, or tandem spaces, or...." Configuration can be applied in a flexible manner to not burden the creation of ADUs. For example, spatial configurations like tandem on existing driveways in setback areas or not requiring excessive distances from the street would be appropriate. Are ADUs Permitted in Existing Residence or Accessory Space? Yes, ADUs located in single family residential zones and existing space of a single family residence or accessory structure must be approved regardless of zoning standards (Section 65852.2(a)(1)(B)) for ADUs, including locational requirements (Section 65852.2(a)(1)(A)), subject to usual non -appealable ministerial building permit requirements. For example, ADUs in existing space does not necessitate a zoning clearance and must not be limited to certain zones or areas or subject to height, lot size, lot coverage, unit size, architectural review, landscape or parking requirements. Simply, where a single family residence or accessory structure exists in any single family residential zone, so can an ADU. The purpose is to streamline and expand potential for ADUs where impact is minimal and the existing footprint is not being increased. Zoning requirements are not a basis for denying a ministerial building permit for an ADU, including non -conforming lots or structures. The phrase, "..within the existing space" includes areas within a primary home or within an attached or detached accessory structure such as a garage, a carriage house, a pool house, a rear yard studio and similar enclosed structures. Are Owner Occupants Required? No, however, a local government can require an applicant to be an owner occupant. The owner may reside in the primary or accessory structure. Local governments can also require the ADU to not be used for short term rentals (terms lesser than 30 days). Both owner occupant use and prohibition on short term rentals can be required on the same property. Local agencies which impose this requirement should require recordation of a deed restriction regarding owner occupancy to comply with GC Section 27281.5 Are Fire Sprinklers Required for ADUs? Depends, ADUs shall not be required to provide fire sprinklers if they are not or were not required of the primary residence. However, sprinklers can be required for an ADU if required in the primary structure. For example, if the primary residence has sprinklers as a result of an existing ordinance, then sprinklers could be required in the ADU. Alternative methods for fire protection could be provided. If the ADU is detached from the main structure or new space above a detached garage, applicants can be encouraged to contact the local fire jurisdiction for information regarding fire sprinklers. Since ADUs are a unique opportunity to address a variety of housing needs and provide affordable housing options for family members, students, the elderly, in-home health care providers, the disabled, and others, the fire departments want to ensure the safety of these populations as well as the safety of those living in the primary structure. Fire Departments can help educate property owners on the benefits of sprinklers, potential resources and how they can be installed cost effectively. For example, insurance rates are typically 5 to 10 percent lower where the unit is sprinklered. Finally, other methods exist to provide additional fire protection. Some options may include additional exits, emergency escape and rescue openings, 1 hour or greater fire -rated assemblies, roofing materials and setbacks from property lines or other structures. 13 — (A Is Manufactured Housing Permitted as an ADU? Yes, an ADU is any residential dwelling unit with independent facilities and permanent provisions for living, sleeping, eating, cooking and sanitation. An ADU includes an efficiency unit (Health and Safety Code Section 17958.1) and a manufactured home (Health and Safety Code Section 18007). Health and Safety Code Section 18007(a) "Manufactured home," for the purposes of this part, means a structure that was constructed on or after June 15, 1976, is transportable in one or more sections, is eight body feet or more in width, or 40 body feet or more in length, in the traveling mode, or, when erected on site, is 320 or more square feet, is built on a permanent chassis and designed to be used as a single- family dwelling with or without a foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein. "Manufactured home" includes any structure that meets all the requirements of this paragraph except the size requirements and with respect to which the manufacturer voluntarily files a certification and complies with the standards established under the National Manufactured Housing Construction and Safety Act of 1974 (42 U.S.C., Sec. 5401, and following). Can an Efficiency Unit Be Smaller than 220 Square Feet? Yes, an efficiency unit for occupancy by no more than two persons, by statute (Health and Safety Code Section 17958.1), can have a minimum floor area of 150 square feet and can also have partial kitchen or bathroom facilities, as specified by ordinance or can have the same meaning specified in the Uniform Building Code, referenced in the Title 24 of the California Code of Regulations. The 2015 International Residential Code adopted by reference into the 2016 California Residential Code (CRC) allows residential dwelling units to be built considerably smaller than an Efficiency Dwelling Unit (EDU). Prior to this code change an EDU was required to have a minimum floor area not less than 220 sq. ft unless modified by local ordinance in accordance with the California Health and Safety Code which could allow an EDU to be built no less than 150 sq. ft. For more information, see HCD's Information Bulletin at http://www.hcd.ca.gov/codes/manufactured-housing/docs/ib2016-06.pdf . Does ADU Law Apply to Charter Cities and Counties? Yes. ADU law explicitly applies to "local agencies" which are defined as a city, county, or city and county whether general law or chartered (Section 65852.2(1)(2)). 14 I s -- Do ADUs Count toward the Regional Housing Need Allocation? Yes, local governments may report ADUs as progress toward Regional Housing Need Allocation pursuant to Government Code Section 65400 based on the actual or anticipated affordability. See below frequently asked questions for JADUs for additional discussion. Must ADU Ordinances Be Submitted to the Department of Housing and Community Development? Yes, ADU ordinances must be submitted to the State Department of Housing and Community Development within 60 days after adoption, including amendments to existing ordinances. However, upon submittal, the ordinance is not subject to a Department review and findings process similar to housing element law (GC Section 65585) 15 / _� Frequently Asked Questions: Junior Accessory Dwelling Units Is There a Difference between ADU and JADU? t Courtesy of Lilypad Homes and Photo Credit to Jocelyn Knight Yes, AB 2406 added Government Code Section 65852.22, providing a unique option for Junior ADUs. The bill allows local governments to adopt ordinances for JADUs, which are no more than 500 square feet and are typically bedrooms in a single-family home that have an entrance into the unit from the main home and an entrance to the outside from the JADU. The JADU must have cooking facilities, including a sink, but is not required to have a private bathroom. Current law does not prohibit local governments from adopting an ordinance for a JADU, and this bill explicitly allows, not requires, a local agency to do so. If the ordinance requires a permit, the local agency shall not require additional parking or charge a fee for a water or sewer connection as a condition of granting a permit for a JADU. For more information, see below. ADUs and JADUs REQUIREMENTS Maximum Unit Size ADU Yes, generally up to 1,200 Square Feet or 50% of living area JADU Yes, 500 Square Foot Maximum Kitchen Yes Yes Bathroom Yes No, Common Sanitation is Allowed Separate Entrance Depends Yes Parking Depends, Parking May Be Eliminated and Cannot Be Required Under Specified Conditions No, Parking Cannot Be Required Owner Occupancy Depends, Owner Occupancy May Be Required Yes, Owner Occupancy Is Required Ministerial Approval Process Yes Yes Prohibition on Sale of ADU Yes Yes 16 Why Adopt a JADU Ordinance? JADUs offer the simplest and most affordable housing option. They bridge the gap between a roommate and a tenant by offering an interior connection between the unit and main living area. The doors between the two spaces can be secured from both sides, allowing them to be easily privatized or incorporated back into the main living area. These units share central systems, require no fire separation, and have a basic kitchen, utilizing small plug in appliances, reducing development costs. This provides flexibility and an insurance policy in homes in case additional income or housing is needed. They present no additional stress on utility services or infrastructure because they simply repurpose spare bedrooms that do not expand the homes planned occupancy. No additional address is required on the property because an interior connection remains. By adopting a JADU ordinance, local governments can offer homeowners additional options to take advantage of underutilized space and better address its housing needs. Can JADUs Count towards the RHNA? Yes, as part of the housing element portion of their general plan, local governments are required to identify sites with appropriate zoning that will accommodate projected housing needs in their regional housing need allocation (RHNA) and report on their progress pursuant to Government Code Section 65400. To credit a unit toward the RHNA, HCD and the Department of Finance (DOF) utilize the census definition of a housing unit. Generally, a JADU, including with shared sanitation facilities, that meets the census definition and is reported to the Department of Finance as part of the DOF annual City and County Housing Unit Change Survey can be credited toward the RHNA based on the appropriate income level. Local governments can track actual or anticipated affordability to assure the JADU is counted to the appropriate income category. For example, some local governments request and track information such as anticipated affordability as part of the building permit application. A housing unit is a house, an apartment, a mobile home or trailer, a group of rooms, or a single room that is occupied, or, if vacant, is intended for occupancy as separate living quarters. Separate living quarters are those in which the occupants live separately from any other persons in the building and which have direct access from the outside of the building or through a common hall. Can the JADU Be Sold Independent of the Primary Dwelling? No, the JADU cannot be sold separate from the primary dwelling. Are JADUs Subject to Connection and Capacity Fees? No, JADUs shall not be considered a separate or new dwelling unit for the purposes of fees and as a result should not be charged a fee for providing water, sewer or power, including a connection fee. These requirements apply to all providers of water, sewer and power, including non -municipal providers. Local governments may adopt requirements for fees related to parking, other service or connection for water, sewer or power, however, these requirements must be uniform for all single family residences and JADUs are not considered a new or separate unit. 17 (0s I-- Are There Requirements for Fire Separation and Fire Sprinklers? Yes, a local government may adopt requirements related to fire and life protection requirements. However, a JADU shall not be considered a new or separate unit. In other words, if the primary unit is not subject to fire or life protection requirements, then the JADU must be treated the same. 18 6q Resources Courtesy of Karen Chapple, UC Berkeley 19 --0 Attachment 1: Statutory Changes (Strikeout/Underline) Government Code Section 65852.2 (a) (1) Any A local agency may, by ordinance, provide for the creation of seserid accessory dwelling units in single-family and multifamily residential zones. The ordinance ff�ay shall do aey all of the following: (A) Designate areas within the jurisdiction of the local agency where seseRd accessory dwelling units may be permitted. The designation of areas may be based on criteria, that may include, but are not limited to, the adequacy of water and sewer services and the impact of secend accessory dwellinq units on traffic flew, flow and public safety. (B) (i) Impose standards on seeead accessory dwelling units that include, but are not limited to, parking, height, setback, lot coverage, landscape, architectural review, maximum size of a unit, and standards that prevent adverse impacts on any real property that is listed in the California Register of Historic Places. (ii) Notwithstanding clause (i) a local agency may reduce or eliminate parking requirements for any accessory dwellinq unit located within its jurisdiction. (C) Provide that sesend accessory dwellinq units do not exceed the allowable density for the lot upon which the sesead accessory dwellinq unit is located, and that secend accessory dwelling units are a residential use that is consistent with the existing general plan and zoning designation for the lot. (D) Require the accessory dwelling units to comply with all of the following: (i) The unit is not intended for sale separate from the primary residence and may be rented. (ii) The lot is zoned for single-family or multifamily use and contains an existing, single-family dwelling. (iii) The accessory dwelling unit is either attached to the existing dwelling or located within the living area of the existing dwelling or detached from the existing dwelling and located on the same lot as the existing dwelling. (iv) The increased floor area of an attached accessory dwelling unit shall not exceed 50 percent of the existing living area with a maximum increase in floor area of 1,200 square feet. (v) The total area of floorspace for a detached accessory dwelling unit shall not exceed 1, 200 square feet. (vi) No passageway shall be required in coniunction with the construction of an accessory dwelling unit. (vii) No setback shall be required for an existing garage that is converted to a accessory dwelling unit, and a setback of no more than five feet from the side and rear lot lines shall be required for an accessory dwelling unit that is constructed above a garage. (viii) Local building code requirements that apply to detached dwellings as appropriate. (ix) Approval by the local health officer where a private sewage disposal system is being used, if required. (x) (1) Parking requirements for accessory dwelling units shall not exceed one parking space per unit or per bedroom These spaces may be provided as tandem parking on an existing driveway. (11) Offstreet parking shall be permitted in setback areas in locations determined by the local agency or through tandem parking unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions or that it is not permitted anywhere else in the iurisdiction. (1111 This clause shall not apply to a unit that is described in subdivision (d). 20 (xi) When a garage carportor covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit and the local agency requires that those offstreet parking spaces be replaced, the replacement spaces may be located in any configuration on the same lot as the accessory dwellinq unit, including, but not limited to as covered spaces uncovered spaces or tandem spaces or by the use of mechanical automobile parking lifts This clause shall not apply to a unit that is described in subdivision (d). (2) The ordinance shall not be considered in the application of any local ordinance, policy, or program to limit residential growth. (3) When a local agency receives its first application on or after July 1, 2003, for a permit pursuant to this subdivision, the application shall be considered ministerially without discretionary review or a hearing, notwithstanding Section 65901 or 65906 or any local ordinance regulating the issuance of variances or special use permits, within 120 days after receiving the application. A local agency may charge a fee to reimburse it for costs that it incurs as a result of amendments to this paragraph enacted during the 2001-02 Regular Session of the Legislature, including the costs of adopting or amending any ordinance that provides for the creation of ADLJs. an accessory dwelling unit. W () {a-) An Whep existing ordinance governing the creation of an accessory dwelling unit by a local agency first appliGation on er after july 1, 1983, fE)F a peFmit pursuaRt tG this subdivision, the IGGal ageRGY shall aGGept the-- subdiriero ; ;;eye it or an accessory dwelling ordinance adopted by a local agency subsequent to the effective date of the act adding this paragraph shall provide an approval process that includes only ministerial provisions for the approval of accessory dwelling units and shall not include any discretionary processes, provisions, or requirements for those units except as otherwise provided in this subdivision. In the event that a local agency has an existing accessory dwelling unit ordinance that fails to meet the requirements of this subdivision, that ordinance shall be null and void upon the effective date of the act adding this paragraph and that agency shall thereafter apply the standards established in this subdivision for the approval of accessory dwelling units, unless and until the agency adopts an ordinance 'R aGGGFdaRGe with subdiV'GieR (a) GF (G) WithiR 120 days after F8G8*V*Rg the that complies with this section. liv'naFea of the existing rdwe ig dwel'mRg-. of the o iSting living o quare feet sate plan Feview, fees ghar, ippF9pFiate-. Fn s being ed if .equir 21 9� (5) No other local ordinance, policy, or regulation shall be the basis for the denial of a building permit or a use permit under this subdivision. (3) (6) This subdivision establishes the maximum standards that local agencies shall use to evaluate pr-epesed ADUs ea lets -a proposed accessory dwelling unit on a lot zoned for residential use wh+c#Geatain that contains an existing single-family dwelling. No additional standards, other than those provided in thissubdivision GF subdivision (a) -,subdivision, shall be utilized or imposed, except that a local agency may require an applicant for a permit issued pursuant to this subdivision to be an ewneF GGGUpaFit7 owner -occupant or that the property be used for rentals of terms longer than 30 days. to implement this subdiViSieR. AR A local agency may amend its zoning ordinance or general plan to incorporate the policies, procedures, or other provisions applicable to the creation of ADUs an accessory dwelling unit if these provisions are consistent with the limitations of this subdivision. ( (8)An accessory dwellinq unit that conforms to this subdivision shall be deemed to be an accessory use or an accessory building and shall not be considered to exceed the allowable density for the lot upon which it is located, and shall be deemed to be a residential usewh'Gh that is consistent with the existing general plan and zoning designations for the lot. The ADUs accessory dwelling unit shall not be considered in the application of any local ordinance, policy, or program to limit residential growth. (s) L No When a local agency shall adept aR Grd'RaRGe whiGh totally preGludes ADUs WithiR s'Rgle family or safety, and welfaFe that would Fesult fFaFn allOWiRg ADIJ siRgle family and multifamily ZeRed aFeas justify that has not adopted an ordinance governinq accessory dwelling units in accordance with subdivision (a) receives its first application on or after July 1 1983 for a permit to create an accessory dwelling unit pursuant to this subdivision the local agency shall accept the application and approve or disapprove the application ministerially without discretionary review pursuant to subdivision (a) within 120 days after receiving the application. kd) fc) A local agency may establish minimum and maximum unit size requirements for both attached and detached seeeRd accessory dwelling units. No minimum or maximum size for a seseR-an accessory dwellinq unit, or size based upon a percentage of the existing dwelling, shall be established by ordinance for either attached or detached dwellings whisky that does not permit at least an efficiency unit to be constructed in compliance with local development standards. Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary residence. (d) Notwithstanding any other law, a local agency, whether or not it has adopted an ordinance governing accessory dwelling units in accordance with subdivision (a) shall not impose parking standards for an accessory dwelling unit in any of the following instances: (1) The accessory dwelling unit is located within one-half mile of public transit. (2) The accessory dwelling unit is located within an architecturally and historically significant historic district. (3) The accessory dwelling unit is part of the existing primary residence or an existing accessory structure. (4) When on -street parking permits are required but not offered to the occupant of the accessory dwelling unit. (5) When there is a car share vehicle located within one block of the accessory dwelling unit. (e) 22 -73— URless speGifiG findings aFe made that paFkiRg iR setbaG!( aFea6 OF tandem paFking is RGt feasible based UPOR speGifiG site 9F Fegi9Ral tepegFaphiGal OF fiFe and life safety GOnditiORS, eF that at iS Ret peFFRitted an)6vheFe else the Notwithstanding subdivisions (a) to (d) inclusive, a local agency shall ministerially approve an application for a building permit to create within a sinqle-family residential zone one accessory dwelling unit per single-family lot if the unit is contained within the existinq space of a single-family residence or accessory structure, has independent exterior access from the existing residence and the side and rear setbacks are sufficient for fire safety. Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary residence. (f) (1) Fees charged for the construction of seG9Rd accessory dwelling units shall be determined in accordance with Chapter 5 (commencing with Section66000). 66000) and Chapter 7 (commencing with Section 660121. (2) Accessory dwelling units shall not be considered new residential uses for the purposes of calculating local agency connection fees or capacity charges for utilities including water and sewer service. (A) For an accessory dwelling unit described in subdivision (e), a local agency shall not require the applicant to install a new or separate utility connection directly between the accessory dwelling unit and the utility or impose a related connection fee or capacity charge. (8) For an accessory dwelling unit that is not described in subdivision (e) a local agency may require a new or separate utility connection directly between the accessory dwellinq unit and the utility. Consistent with Section 66013 the connection may be subiect to a connection fee or capacity charge that shall be proportionate to the burden of the proposed accessory dwelling unit based upon either its size or the number of its plumbing fixtures upon the water or sewer system This fee or charge shall not exceed the reasonable cost of providing this service. (g) This section does not limit the authority of local agencies to adopt less restrictive requirements for the creation of ADDS an accessory dwellinq unit. (h) Local agencies shall submit a copy of the erddiRaases ordinance adopted pursuant to subdivision (a) or-(4to the Department of Housing and Community Development within 60 days after adoption. (i) As used in this section, the following terms mean: (1) "Living area; area" means the interior habitable area of a dwelling unit including basements and attics but does not include a garage or any accessory structure. (2) "Local agency" means a city, county, or city and county, whether general law or chartered. (3) For purposes of this section, "neighborhood" has the same meaning as set forth in Section 65589.5. (4) "Seser Accessory dwelling unit' means an attached or a detached residential dwelling unit which provides complete independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family dwelling is situated. A sesend An accessory dwelling unit also includes the following: (A) An efficiency unit, as defined in Section 17958.1 of Health and Safety Code. (B) A manufactured home, as defined in Section 18007 of the Health and Safety Code. (5) `Passageway" means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit. 23 — 14� Q) Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act (Division 20 (commencing with Section 30000) of the Public Resources Code), except that the local government shall not be required to hold public hearings for coastal development permit applications for Seem accessory dwelling units. Government Code Section 65852.22. (a) Notwithstandinq Section 65852.2 a local agency may, by ordinance, provide for the creation of iunior accessory dwelling units in single-family residential zones. The ordinance may require a permit to be obtained for the creation of a iunior accessory dwelling unit, and shall do all of the following: (1) Limit the number of iunior accessory dwelling units to one per residential lot zoned for single-family residences with a single-family residence already built on the lot. (2) Require owner -occupancy in the single-family residence in which the iunior accessory dwelling unit will be permitted The owner may reside in either the remaining portion of the structure or the newly created iunior accessory dwelling unit Owner -occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization. (3) Require the recordation of a deed restriction which shall run with the land, shall be filed with the permitting agency, and shall include both of the following: (A) A prohibition on the sale of the iunior accessory dwelling unit separate from the sale of the single-family residence including a statement that the deed restriction may be enforced against future purchasers. (B) A restriction on the size and attributes of the iunior accessory dwelling unit that conforms with this section. (4) Require a permitted iunior accessory dwelling unit to be constructed within the existing walls of the structure, and require the inclusion of an existing bedroom. (5) Require a permitted iunior accessory dwelling to include a separate entrance from the main entrance to the structure with an interior entry to the main living area. A permitted iunior accessory dwelling may include a second interior doorway for sound attenuation. (6) Require the permitted iunior accessory dwelling unit to include an efficiency kitchen which shall include all of the following: (A) A sink with a maximum waste line diameter of 1.5 inches. (B) A cooking facility with appliances that do not require electrical service greater than 120 volts, or natural or propane gas. (C) A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the iunior accessory dwellinq unit. (b) (1) An ordinance shall not require additional parking as a condition to grant a permit. (2) This subdivision shall not be interpreted to prohibit the requirement of an inspection including the imposition of a fee for that inspection to determine whether the iunior accessory dwelling unit is in compliance with applicable building standards. (c) An application for a permit pursuant to this section shall notwithstanding Section 65901 or 65906 or any local ordinance regulating the issuance of variances or special use permits, be considered ministerially, without discretionary review or a hearing A permit shall be issued within 120 days of submission of an application for a 24 15- permit pursuant to this section A local agency may charge a fee to reimburse the local agency for costs incurred in connection with the issuance of a permit pursuant to this section. (d) For the purposes of any fire or life protection ordinance or regulation, a iunior accessory dwelling unit shall not be considered a separate or new dwelling unit This section shall not be construed to prohibit a city, county, city and county, or other local public entity from adopting an ordinance or regulation relating to fire and life protection requirements within a single-family residence that contains a junior accessory dwelling unit so long as the ordinance or regulation applies uniformly to all single-family residences within the zone regardless of whether the single-family residence includes a junior accessory dwelling unit or not. (e) For the purposes of providing service for water, sewer, or power, including a connection fee, a junior accessory dwelling unit shall not be considered a separate or new dwelling unit. (t) This section shall not be construed to prohibit a local agency from adopting an ordinance or regulation, related to parking or a service or a connection fee for water, sewer, or power, that applies to a single-family residence that contains a iunior accessory dwelling unit so long as that ordinance or regulation applies uniformly to all single- family residences regardless of whether the single-family residence includes a iunior accessory dwelling unit. (g) For purposes of this section the following terms have the following meanings: (1) `Junior accessory dwelling unit' means a unit that is no more than 500 square feet in size and contained entirely within an existing single-family structure. A junior accessory dwelling unit may include separate sanitation facilities or may share sanitation facilities with the existing structure. (2) "Local agency" means a city, county, or city and county, whether general law or chartered. 25 Attachment 2: Sample ADU Ordinance Section XXX1XXX: Purpose This Chapter provides for accessory dwelling units on lots developed or proposed to be developed with single- family dwellings. Such accessory dwellings contribute needed housing to the community's housing stock. Thus, accessory dwelling units are a residential use which is consistent with the General Plan objectives and zoning regulations and which enhances housing opportunities, including near transit on single family lots. Section XXX2XXX: Applicability The provisions of this Chapter apply to all lots that are occupied with a single family dwelling unit and zoned residential. Accessory dwelling units do exceed the allowable density for the lot upon which the accessory dwelling unit is located, and are a residential use that is consistent with the existing general plan and zoning designation for the lot. Section XXX3XXX: Development Standards Accessory Structures within Existing Space An accessory dwelling unit within an existing space including the primary structure, attached or detached garage or other accessory structure shall be permitted ministerially with a building permit regardless of all other standards within the Chapter if complying with: 1. Building and safety codes 2. Independent exterior access from the existing residence 3. Sufficient side and rear setbacks for fire safety. Accessory Structures (Attached and Detached) General: 1. The unit is not intended for sale separate from the primary residence and may be rented. 2. The lot is zoned for residential and contains an existing, single-family dwelling. 3. The accessory dwelling unit is either attached to the existing dwelling or detached from the existing dwelling and located on the same lot as the existing dwelling. 4. The increased floor area of an attached accessory dwelling unit shall not exceed 50 percent of the existing living area, with a maximum increase in floor area of 1,200 square feet. 5. The total area of floor space for a detached accessory dwelling unit shall not exceed 1,200 square feet. 6. Local building code requirements that apply to detached dwellings, as appropriate. 7. No passageway shall be required in conjunction with the construction of an accessory dwelling unit. 8. No setback shall be required for an existing garage that is converted to a accessory dwelling unit, and a setback of no more than five feet from the side and rear lot lines shall be required for an accessory dwelling unit that is constructed above a garage. 9. Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary residence and may employ alternative methods for fire protection. Parking: 1. Parking requirements for accessory dwelling units shall not exceed one parking space per unit or per bedroom. These spaces may be provided as tandem parking, including on an existing driveway or in setback areas, excluding the non -driveway front yard setback. 2. Parking is not required in the following instances: • The accessory dwelling unit is located within one-half mile of public transit, including transit stations and bus stations. 26 The accessory dwelling unit is located in the WWWW Downtown, XXX Area, YYY Corridor and ZZZ Opportunity Area. The accessory dwelling unit is located within an architecturally and historically significant historic district. • When on -street parking permits are required but not offered to the occupant of the accessory dwelling unit. •When there is a car share vehicle located within one block of the accessory dwelling unit. 3. Replacement Parking: When a garage, carport, or covered parking structure is demolished or converted in conjunction with the construction of an accessory dwelling unit, replacement parking shall not be required and may be located in any configuration on the same lot as the accessory dwelling unit. Section XXX4XXX: Permit Requirements ADUs shall be permitted ministerially, in compliance with this Chapter within 120 days of application. The Community Development Director shall issue a building permit or zoning certificate to establish an accessory dwelling unit in compliance with this Chapter if all applicable requirements are met in Section XXX3XXXXX, as appropriate. The Community Development Director may approve an accessory dwelling unit that is not in compliance with Section XXX3XXXX as set forth in Section XXXSXXXX. The XXXX Health Officer shall approve an application in conformance with XXXXXX where a private sewage disposal system is being used. Section XXXSXXX: Review Process for Accessory Structure Not Complying with Development Standards An accessory dwelling unit that does not comply with standards in Section XXX3XX may permitted with a zoning certificate or an administrative use permit at the discretion of the Community Development Director subject to findings in Section XXX6XX Section XXX6XXX: Findings A. In order to deny an administrative use permit under Section XXXSXXX, the Community Development Director shall find that the Accessory Dwelling Unit would be detrimental to the public health and safety or would introduce unreasonable privacy impacts to the immediate neighbors. B. In order to approve an administrative use permit under Section XXXSXXX to waive required accessory dwelling unit parking, the Community Development Director shall find that additional or new on-site parking would be detrimental, and that granting the waiver will meet the purposes of this Chapter. Section XXX7XXX: Definitions (1) "Living area means the interior habitable area of a dwelling unit including basements and attics but does not include a garage or any accessory structure. (2) "Accessory dwelling unit" means an attached or a detached residential dwelling unit which provides complete independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family dwelling is situated. An accessory dwelling unit also includes the following: (A) An efficiency unit, as defined in Section 17958.1 of Health and Safety Code. (B) A manufactured home, as defined in Section 18007 of the Health and Safety Code. (3) "Passageway' means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit. 27 (4) (1) "Existing Structure" for the purposes of defining an allowable space that can be converted to an ADU means within the four walls and roofline of any structure existing on or after January 1, 2017 that can be made safely habitable under local building codes at the determination of the building official regardless of any non-compliance with zoning standards. 28 _1q- Attachment 3: Sample JADU Ordinance (Lilypad Homes at http///ilypadhomes.ora� Draft Junior Accessory Dwelling Units (JADU) — Flexible Housing Findings: 1. Causation: Critical need for housing for lower income families and individuals given the high cost of living and low supply of affordable homes for rent or purchase, and the difficulty, given the current social and economic environment, in building more affordable housing 2. Mitigation: Create a simple and inexpensive permitting track for the development of junior accessory dwelling units that allows spare bedrooms in homes to serve as a flexible form of infill housing 3. Endangerment: Provisions currently required under agency ordinances are so arbitrary, excessive, or burdensome as to restrict the ability of homeowners to legally develop these units therefore encouraging homeowners to bypass safety standards and procedures that make the creation of these units a benefit to the whole of the community 4. Co -Benefits: Homeowners (particularly retired seniors and young families, groups that tend to have the lowest incomes) — generating extra revenue, allowing people facing unexpected financial obstacles to remain in their homes, housing parents, children or caregivers; Homebuyers - providing rental income which aids in mortgage qualification under new government guidelines; Renters — creating more low-cost housing options in the community where they work, go to school or have family, also reducing commute time and expenses; Municipalities — helping to meet RHNA goals, increasing property and sales tax revenue, insuring safety standard code compliance, providing an abundant source of affordable housing with no additional infrastructure needed; Community - housing vital workers, decreasing traffic, creating economic growth both in the remodeling sector and new customers for local businesses; Planet - reducing carbon emissions, using resources more efficiently; 5. Benefits of Junior ADLIs: offer a more affordable housing option to both homeowners and renters, creating economically healthy, diverse, multi -generational communities; Therefore the following ordinance is hereby enacted: This Section provides standards for the establishment of junior accessory dwelling units, an alternative to the standard accessory dwelling unit, permitted as set forth under State Law AB 1866 (Chapter 1062, Statutes of 2002) Sections 65852.150 and 65852.2 and subject to different provisions under fire safety codes based on the fact that junior accessory dwelling units do not qualify as "complete independent living facilities" given that the interior connection from the junior accessory dwelling unit to the main living area remains, therefore not redefining the single-family home status of the dwelling unit. A) Development Standards. Junior accessory dwelling units shall comply with the following standards, including the standards in Table below: 1) Number of Units Allowed. Only one accessory dwelling unit or, junior accessory dwelling unit, may be located on any residentially zoned lot that permits a single-family dwelling except as otherwise regulated or restricted by an adopted Master Plan or Precise Development Plan. A junior accessory dwelling unit may only be located on a lot which already contains one legal single-family dwelling. 2) Owner Occupancy: The owner of a parcel proposed for a junior accessory dwelling unit shall occupy as a principal residence either the primary dwelling or the accessory dwelling, except when the home is held by an agency such as a land trust or housing organization in an effort to create affordable housing. 3) Sale Prohibited: A junior accessory dwelling unit shall not be sold independently of the primary dwelling on the parcel. 29 4) Deed Restriction: A deed restriction shall be completed and recorded, in compliance with Section B below. 5) Location of Junior Accessory Dwelling Unit: A junior accessory dwelling unit must be created within the existing walls of an existing primary dwelling, and must include conversion of an existing bedroom. 6) Separate Entry Required: A separate exterior entry shall be provided to serve a junior accessory dwelling unit. 7) Interior Entry Remains: The interior connection to the main living area must be maintained, but a second door may be added for sound attenuation. 8) Kitchen Requirements: The junior accessory dwelling unit shall include an efficiency kitchen, requiring and limited to the following components: a) A sink with a maximum waste line diameter of one -and -a -half (1.5) inches, b) A cooking facility with appliance which do not require electrical service greater than one -hundred -and - twenty (120) volts or natural or propane gas, and c) A food preparation counter and storage cabinets that are reasonable to size of the unit. 9) Parking: No additional parking is required beyond that required when the existing primary dwelling was constructed. Development Standards for Junior Accessory Dwelling Units Maximum unit size 500 square feet Setbacks As required for the primary dwelling unit Parking No additional parking required B) Deed Restriction: Prior to obtaining a building permit for a junior accessory dwelling unit, a deed restriction, approved by the City Attorney, shall be recorded with the County Recorder's office, which shall include the pertinent restrictions and limitations of a junior accessory dwelling unit identified in this Section. Said deed restriction shall run with the land, and shall be binding upon any future owners, heirs, or assigns. A copy of the recorded deed restriction shall be filed with the Department stating that: 1) The junior accessory dwelling unit shall not be sold separately from the primary dwelling unit; 2) The junior accessory dwelling unit is restricted to the maximum size allowed per the development standards; 3) The junior accessory dwelling unit shall be considered legal only so long as either the primary residence, or the accessory dwelling unit, is occupied by the owner of record of the property, except when the home is owned by an agency such as a land trust or housing organization in an effort to create affordable housing; 4) The restrictions shall be binding upon any successor in ownership of the property and lack of compliance with this provision may result in legal action against the property owner, including revocation of any right to maintain a junior accessory dwelling unit on the property. C) No Water Connection Fees: No agency should require a water connection fee for the development of a junior accessory dwelling unit. An inspection fee to confirm that the dwelling unit complies with development standard may be assessed. D) No Sewer Connection Fees: No agency should require a sewer connection fee for the development of a junior accessory dwelling unit. An inspection fee to confirm that the dwelling unit complies with development standard 30 —s1 -- may be assessed. E) No Fire Sprinklers and Fire Attenuation: No agency should require fire sprinkler or fire attenuation specifications for the development of a junior accessory dwelling unit. An inspection fee to confirm that the dwelling unit complies with development standard may be assessed. Definitions of Specialized Terms and Phrases. "Accessory dwelling unit" means an attached or a detached residential dwelling unit which provides complete independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family dwelling is situated. An accessory dwelling_ unit also includes the following: (1) An efficiency unit, as defined in Section 17958.1 of Health and Safety Code. (2) A manufactured home, as defined in Section 18007 of the Health and Safety Code. "Junior accessory dwelling unit" means a unit that is no more than 500 square feet in size and contained entirely within an existing single-family structure. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure. 31 —S2- Attachment 4: State Standards Checklist (As of January 1, 2017) " Other requirements may apply. See Government Code Section 65852.2 32 — �3 YES/NO STATE STANDARD*GOVERNMENT .D Unit is not intended for sale separate from the primary residence and may be 65852.2(a)(1)(D)(i) rented. Lot is zoned for single-family or multifamily use and contains an existing, single- 65852.2(a)(1)(D))ii) family dwelling. Accessory dwelling unit is either attached to the existing dwelling or located 65852.2(a)(1)(D)(iii within the living area of the existing dwelling or detached from the existing ) dwelling and located on the same lot as the existing dwelling. Increased floor area of an attached accessory dwelling unit does not exceed 50 65852.2(a)(1)(D)(iv percent of the existing living area, with a maximum increase in floor area of ) 1,200 square feet. Total area of floor space for a detached accessory dwelling unit dies not exceed 65852.2(a)(1)(D)(v 1,200 square feet. ) Passageways are not required in conjunction with the construction of an 65852.2(a)(1)(D)(vi accessory dwelling unit. ) Setbacks are not required for an existing garage that is converted to an 65852.2(a)(1)(D)(vi accessory dwelling unit, and a setback of no more than five feet from the side i) and rear lot lines are not required for an accessory dwelling unit that is constructed above a garage. (Local building code requirements that apply to detached dwellings are met, as 65852.2(a)(1)(D)(vi appropriate. ii) Local health officer approval where a private sewage disposal system is being 65852.2(a)(1)(D)(ix used, if required. ) Parking requirements do not exceed one parking space per unit or per bedroom. 65852.2(a)(1)(D)(x These spaces may be provided as tandem parking on an existing driveway. ) " Other requirements may apply. See Government Code Section 65852.2 32 — �3 Attachment 5: Bibliography Reports ACCESSORY DWELLING UNITS: CASE STUDY (26 pp.) By United States Department of Housing and Urban Development, Office of Policy Development and Research. (2008) Introduction: Accessory dwelling units (ADUs) — also referred to as accessory apartments, ADUs, or granny flats — are additional living quarters on single-family lots that are independent of the primary dwelling unit. The separate living spaces are equipped with kitchen and bathroom facilities, and can be either attached or detached from the main residence. This case study explores how the adoption of ordinances, with reduced regulatory restrictions to encourage ADUs, can be advantageous for communities. Following an explanation of the various types of ADUs and their benefits, this case study provides examples of municipalities with successful ADU legislation and programs. Section titles include: History of ADUs; Types of Accessory Dwelling Units; Benefits of Accessory Dwelling Units; and Examples of ADU Ordinances and Programs. THE MACRO VIEW ON MICRO UNITS (46 pp.) By Bill Whitlow, et al. – Urban Land Institute (2014) Library Call #: H43 4.21 M33 2014 The Urban Land Institute Multifamily Housing Councils were awarded a ULI Foundation research grant in fall 2013 to evaluate from multiple perspectives the market performance and market acceptance of micro and small units. RESPONDING TO CHANGING HOUSEHOLDS: Regulatory Challenges for Micro -units and Accessory Dwelling Units (76 pp.) By Vicki Been, Benjamin Gross, and John Infranca (2014) New York University: Furman Center for Real Estate & Urban Policy Library Call # D55 3 147 2014 This White Paper fills two gaps in the discussion regarding compact units. First, we provide a detailed analysis of the regulatory and other challenges to developing both ADUs and micro -units, focusing on five cities: New York; Washington, DC; Austin; Denver; and Seattle. That analysis will be helpful not only to the specific jurisdictions we study, but also can serve as a model for those who what to catalogue regulations that might get in the way of the development of compact units in their own jurisdictions. Second, as more local governments permit or encourage compact units, researchers will need to evaluate how well the units built serve the goals proponents claim they will. SCALING UP SECONDARY UNIT PRODUCTION IN THE EAST BAY: Impacts and Policy Implications (25 pp.) By Jake Webmann, Alison Nemirow, and Karen Chapple (2012) UC Berkeley: Institute of Urban and Regional Development (IURD) Library Call # H44 1.1 S33 2012 This paper begins by analyzing how many secondary units of one particular type, detached backyard cottages, might be built in the East Bay, focusing on the Flatlands portions of Berkeley, EI Cerrito, and Oakland. We then investigate the potential impacts of scaling up the strategy with regard to housing affordability, smart growth, alternative transportation, the economy, and city budgets. A final section details policy recommendations, focusing on regulatory reforms and other actions cities can take to encourage secondary unit construction, such as promoting carsharing programs, educating residents, and providing access to finance. 33 1q - SECONDARY UNITS AND URBAN INFILL: A literature Review (12 By Jake Wegmann and Alison Nemirow (2011) UC Berkeley: IURD Library Call # D44 4.21 S43 2011 This literature review examines the research on both infill development in general, and secondary units in particular, with an eye towards understanding the similarities and differences between infill as it is more traditionally understood — i.e., the development or redevelopment of entire parcels of land in an already urbanized area — and the incremental type of infill that secondary unit development constitutes. YES BUT WILL THEY LET US BUILD? The Feasibility of Secondary Units in the East Bay (17 pp.) By Alison Nemirow and Karen Chapple (2012) UC Berkeley: IURD Library Call # H44.5 1.1 Y47 2012 This paper begins with a discussion of how to determine the development potential for secondary units, and then provides an overview of how many secondary units can be built in the East Bay of San Francisco Bay Area under current regulations. The next two sections examine key regulatory barriers in detail for the five cities in the study (Albany, Berkeley, EI Cerrito, Oakland, and Richmond), looking at lot size, setbacks, parking requirements, and procedural barriers. A sensitivity analysis then determines how many units could be built were the regulations to be relaxed. YES IN MY BACKYARD: Mobilizing the Market for Secondary Units (20 pp.) By Karen Chapple, J. Weigmann, A. Nemirow, and C. Dentel-Post (2011) UC Berkeley: Center for Community Innovation. Library Call # B92 1.1 Y47 2011 This study examines two puzzles that must be solved in order to scale up a secondary unit strategy: first, how can city regulations best enable their construction? And second, what is the market for secondary units? Because parking is such an important issue, we also examine the potential for secondary unit residents to rely on alternative transportation modes, particular car share programs. The study looks at five adjacent cities in the East Bay of the San Francisco Bay Area (Figure 1) -- Oakland, Berkeley, Albany, EI Cerrito, and Richmond -- focusing on the areas within '/z mile of five Bay Area Rapid Transit (BART) stations. Journal Articles and Working Papers: BACKYARD HOMES LA (17 pp.) By Dana Cuff, Tim Higgins, and Per -Johan Dahl, Eds. (2010) Regents of the University of California, Los Angeles. City Lab Project Book. DEVELOPING PRIVATE ACCESSORY DWELLINGS (6 pp.) By William P. Macht. Urbanland online. (June 26, 2015) Library Location: Urbanland 74 (3/4) March/April 2015, pp. 154-161. 34 GRANNY FLATS GAINING GROUND (2 pp.) By Brian Barth. Planning Magazine: pp. 16-17. (April 2016) Library Location: Serials "HIDDEN" DENSITY: THE POTENTIAL OF SMALL-SCALE INFILL DEVELOPMENT (2 pp.) By Karen Chapple (2011) UC Berkeley: IURD Policy Brief. Library Call # D44 1.2 H53 2011 California's implementation of SB 375, the Sustainable Communities and Climate Protection Act of 2008, is putting new pressure on communities to support infill development. As metropolitan planning organizations struggle to communicate the need for density, they should take note of strategies that make increasing density an attractive choice for neighborhoods and regions. HIDDEN DENSITY IN SINGLE-FAMILY NEIGHBORHOODS: Backyard cottages as an equitable smart growth strategy (22 pp.) By Jake Wegmann and Karen Chapple. Journal of Urbanism 7(3): pp. 307-329. (2014) Abstract (not available in full text): Secondary units, or separate small dwellings embedded within single-family residential properties, constitute a frequently overlooked strategy for urban infill in high-cost metropolitan areas in the United States. This study, which is situated within California's San Francisco Bay Area, draws upon data collected from a homeowners' survey and a Rental Market Analysis to provide evidence that a scaled -up strategy emphasizing one type of secondary unit — the backyard cottage — could yield substantial infill growth with minimal public subsidy. In addition, it is found that this strategy compares favorably in terms of affordability with infill of the sort traditionally favored in the `smart growth' literature, i.e. the construction of dense multifamily housing developments. RETHINKING PRIVATE ACCESSORY DWELLINGS (5 pp.) By William P. Macht. Urbanland online. (March 6, 2015) Library Location: Urbanland 74 (1/2) January/February 2015, pp. 87-91. ADUS AND LOS ANGELES' BROKEN PLANNING SYSTEM (4 pp.) By CARLYLE W. Hall. The Planning Report. (April 26, 2016). Land -use attorney Carlyle W. Hall comments on building permits for accessory dwelling units. News: HOW ONE COLORADO CITY INSTANTLY CREATED AFFORDABLE HOUSING By Anthony Flint. The Atlantic-CityLab. (May 17, 2016). In Durango, Colorado, zoning rules were changed to allow, for instance, non -family members as residents in already -existing accessory dwelling units. NEW HAMPSHIRE WINS PROTECTIONS FOR ACCESSORY DWELLING UNITS (1 p.) NLIHC (March 28, 2016) Affordable housing advocates in New Hampshire celebrated a significant victory this month when Governor Maggie Hassan (D) signed Senate Bill 146, legislation that allows single-family homeowners to add an accessory 35 M dwelling unit as a matter of right through a conditional use permit or by special exception as determined by their municipalities. The bill removes a significant regulatory barrier to increasing rental homes at no cost to taxpayers. NEW IN-LAW SUITE RULES BOOST AFFORDABLE HOUSING IN SAN FRANCISCO. (3 pp.) By Rob Poole. Shareable. (June 10, 2014). The San Francisco Board of Supervisors recently approved two significant pieces of legislation that support accessory dwelling units (ADUs), also known as "in-law" or secondary units, in the city... USING ACCESSORY DWELLING UNITS TO BOLSTER AFFORDABLE HOUSING (3 pp.) By Michael Ryan. Smart Growth America. (December 12, 2014). 36 V__ 2hd Moor Abu Fi/ OF COR im LOT A LLZX ATTACHMENT 5 No Paral�l (htr��w� allow � alUT 1�0 � - C'A�u f DYvrt � ►� (Tar�b l� ,r , 14 , i 0 Min , LNOT ALu wED -- L wim av�jn� dUtSicjz ;,�k k11oalk_. lav�8m *W-M� Local Bus Rout. S. -t. m m' :-.Ilertonro Yorba trrMa ® aetaV uto ARTIC Fallerton to Huntington..... m .anlm Gro -e to 0r.nge ® La Habra'o �ountwn Valley ® '.nta aha �a Newcort Beac tr E3Buma Park to anaherm Hrlis ianta t.:. 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Villa Fundamental OC Fairgrounds Intermediate School Vanguard University - Century High School Triangle Square ©- Douglas MacArthur fundamental Newport Beach Intermediate School 0 Newport Harbor High School Orange County Central Jail Newport Harbor Nautical Museum 5:28 Balboa Island 5:48 Newport Center/Fashion Island 6:10 Newport Beach Civic Center and Park 5:24 Newport Transportation Center Route OS5/040917 S M Monday- Friday NORTHBOUND To: Santa Ana _ d ho p C Z.2 = �U o d L A a c C = < 00 C c aj m ¢ Z Q � '^ w in L 4:20 4:29 4:38 4:48 4:58 5:05 5:20 5:36 4:50 4:59 5:08 5:18 5:28 5:35 5:50 6:06 5:10 5:19 5:28 5:38 5:48 5:55 6:10 6:26 5:24 5:34 5:44 5:58 6:08 6:16 6:31 6:49 5:44 5:54 6:04 6:18 6:28 6:36 6:51 7:09 5:57 6:09 6:20 6:35 6:48 6:57 7:11 7:30 6:17 6:29 6:40 6:55 7:08 7:17 7:31 7:50 6:37 6:49 7:00 7:15 7:28 7:37 7:51 8:10 6:57 7:09 7:20 7:35 7:48 7:57 8:11 8:30 7:17 7:29 7:40 7:55 8:08 8:17 8:31 8:50 7:37 7:49 8:00 8:15 8:28 8:37 8:51 9:10 7:57 8:09 8:20 8:35 8:48 8:57 9:11 9:30 8:17 8:29 8:40 8:55 9:08 9:17 9:31 9:50 8:37 8:49 9:00 9:15 9:28 9:37 9:51 10:10 8:57 9:09 9:20 9:35 9:48 9:57 10:11 10:30 9:17 9:29 9:40 9:55 10:08 10:17 10:31 10:50 9:47 9:59 10:10 10:25 10:38 10:47 11:01 11:20 10:05 10:19 10:35 10:52 11:08 11:16 11:30 11:48 10:35 10:49 11:05 11:22 11:38 11:46 12:00 12:18 11:05 11:19 11:35 11:52 12:08 12:16 12:30 12:48 11:35 11:49 12:05 12:22 12:38 12:46 1:00 1:18 12:05 12:19 12:35 12:52 1:08 1:16 1:30 1:48 12:35 12:49 1:05 1:22 1:38 1:46 2:00 2:18 1:05 1:19 1:35 1:52 2:08 2:16 2:30 2:48 1:46 2:02 2:19 23S 1:33 1:47 2:03 2:20 2:36 2:44 2:58 3:16 1:56 2:12 2:29 2:45 �,tk 1:56 2:11 2:27 2:45 3.01 3.10* 3,25 3:46 2:21 2:36 2:52 3:10 3:26 3:35 3:50 4:11 2:36 2:51 3:07 3:25 3:41 3:50 4:05 4:26 2:51 3:06 3:22 3:40 3:56 4:05 4:20 4:41 3:02 3:17 3:37 3:55 4:11 4:20 4:35 4:56 3:21 3:36 3:52 4:10 4:26 4:35 4:50 5:11 3:36 3:51 4:07 4:25 4:41 4:50 5:05 5:26 3:51 4:06 4:22 4:40 4:56 5:05 5:20 5:41 4:06 4:21 4:37 4:55 5:11 S:20 5:35 S:56 4:21 4:36 4:52 5:10 5:26 5:35 5:50 6:11 4:36 4:51 5:07 5:25 5:41 5:50 6:05 6:26 4:51 5:06 5:22 5:40 5:56 6:05 6:20 6:41 5:10 5:25 5:40 5:57 6:11 6:19 6:33 6:51 5:40 5:55 6:10 6:27 6:41 6:49 7:03 7:21 6:10 6:25 6:40 6:57 7:11 7:19 7:33 7:51 6:40 6:55 7:10 7:27 7:41 7:49 8:03 8:21 7:10 7:25 7:40 7:57 8:11 8:19 8:33 8:51 8:11 8:25 8:35 8:50 9:01 9:08 9:20 9:34 9:09 9:23 9:33 9:48 9:59 10:06 10:18 10:32 10:11 1 10:25 1 10:35 1 10:50 1 11:01 1 11:08 1 11:20 1 11:34 S = Operates on Monday, Tuesday, Thursday and Friday when Newport Harbor High School is in session. = Opera lunes, mortes, jueves, y viernes cuando Newport Harbor High School esta en sesi6n. M = Monday Only when Newport High School is in session. = Solo opera lunes cuando Newport High School esta en sesi6n. Effective June 11, 2017 1 www.octa.net 47/AFullerton to Balboa via Anaheim Blvd / Fairview St MC C o E aa) ao Ne FU>_LERUN . , Commonwealth 26 MAP NOT TO SCALE ANAHEIM Linco�� 42 ANAHEIM - • CIVIC CENTER ' OCTA ADA -'' _ _ _ - • CERTIFICATION CENTER Chapman 54 x o MacArthur 76 7, 55, 178 Adams178 M 0 a `o 2 .a Wilson= Victoria 35 a C: COSTA MESA -- - - -. HOAG pC-1 HOSPITAL t Sir °a 3 v z NEWPORTA� BEACH ORANGE ---• COUNTY FAIRGROUNDS Scheduled Departure s, Regular Routing TrTr Southbound Short Only ■ ■ ■ ■ 47A Routing TTTr No Service on Some Trips IE = La Hahn Express rmbers on streets indicate transfers. .� �V% CA 7`R i.t3VN-dainoareninswa 07 t0y7 �aS -Balboa Pier Rou to W/W9 t 7 Effective June 11, 2017 1 www.octa.net ATTACHMENT 7 65858.2 As amended by Section 1.5 of AB 494 (Effective 2018) 65852.2_(a) (1) A local agency may, by ordinance, provide for the creation of accessory dwelling units in areas zoned to allow single-family a+4or multifamily resid-ential ^^^s.use. The ordinance shall do all of the following: (A) Designate areas within the jurisdiction of the local agency where accessory dwelling units may be permitted. The designation of areas may be based on criteria; that may include, but are not limited to, the adequacy of water and sewer services and the impact of accessory dwelling units on traffic flow and public safety. (B) (i) Impose standards on accessory dwelling units that include, but are not limited to, parking, height, setback, lot coverage, landscape, architectural review, maximum size of a unit, and standards that prevent adverse impacts on any real property that is listed in the California Register of Historic Places. (ii) Notwithstanding clause (i), a local agency may reduce or eliminate parking requirements for any accessory dwelling unit located within its jurisdiction. (C) Provide that accessory dwelling units do not exceed the allowable density for the lot upon which the accessory dwelling unit is located, and that accessory dwelling units are a residential use that is consistent with the existing general plan and zoning designation for the lot. (D) Require the accessory dwelling units to comply with all of the following: (i) The unit'_ ^^t int^^d'^^' f9F s 34em2y be rented separate from the primary residenceand may be Fey, buy may not be sold or otherwise conveyed separate from the primary residence. (ii) The lot is zoned fe4o allow single-family or multifamily use and eentainsan includes a proposed or existing- single-family dwelling. (iii) The accessory dwelling unit is either attached to the exist;^^ .Dwelling or located within the living area of the proposed or existing primary dwelling or detached from the proposed or existingrip mars dwelling and located on the same lot as the proposed or existing primary dwelling. (iv) The otal area of floorspace of an attached accessory dwelling unit shall not exceed 50 percent of the proposed or existing primary dwelling living area, with a Fnax ^ fWn area e# or 1,200 square feet. (v) The total area of floorspace for a detached accessory dwelling unit shall not exceed 1,200 square feet. (vi) No passageway shall be required in conjunction with the construction of an accessory dwelling unit. (vii) No setback shall be required for an existing garage that is converted to aan accessory dwelling unit or to a portion of an accessory dwelling unit, and a setback of no more than five feet from the side and rear lot lines shall be required for an accessory dwelling unit that is constructed above a garage. (viii) Local building code requirements that apply to detached dwellings, as appropriate. (ix) Approval by the local health officer where a private sewage disposal system is being used, if required. (x) (1) Parking requirements for accessory dwelling units shall not exceed one parking space per unit or per bedroom-, whichever is less. These spaces may be provided as tandem parking on ,^ OA4pga driveway. (11) Off-street parking shall be permitted in setback areas in locations determined by the local agency or through tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions, GF that it 0S of p „„7++.,d -, .,heFe else in the i, iSEl7r_+i.,., (III) This clause shall not apply to a unit that is described in subdivision (d). (xi) When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit or converted to an accessory dwelling unit, and the local agency requires that those off-street parking spaces be replaced, the replacement spaces may be located in any configuration on the same lot as the accessory dwelling unit, including, but not limited to, as covered spaces, uncovered spaces, or tandem spaces, or by the use of mechanical automobile parking lifts. This clause shall not apply to a unit that is described in subdivision (d). (2) The ordinance shall not be considered in the application of any local ordinance, policy, or program to limit residential growth. (3) When a local agency receives its first application on or after July 1, 2003, for a permit pursuant to this subdivision, the application shall be considered ministerially without discretionary review or a hearing, notwithstanding Section 65901 or 65906 or any local ordinance regulating the issuance of variances or special use permits, within 120 days after receiving the application. A local agency may charge a fee to reimburse it for costs that it incurs as a result of amendments to this paragraph enacted during the 2001-02 Regular Session of the Legislature, including the costs of adopting or amending any ordinance that provides for the creation of an accessory dwelling unit. (4) An existing ordinance governing the creation of an accessory dwelling unit by a local agency or an accessory dwelling ordinance adopted by a local agency subsequent to the effective date of the act adding this paragraph shall provide an approval process that includes only ministerial provisions for the approval of accessory dwelling units and shall not include any discretionary processes, provisions, or requirements for those units, except as otherwise provided in this subdivision. In the event that a local agency has an existing accessory dwelling unit ordinance that fails to meet the requirements of this subdivision, that ordinance shall be null and void upon the effective date of the act adding this paragraph and that agency shall thereafter apply the standards established in this subdivision for the approval of accessory dwelling units, unless and until the agency adopts an ordinance that complies with this section. (5) No other local ordinance, policy, or regulation shall be the basis for the denial of a building permit or a use permit under this subdivision. (6) This subdivision establishes the maximum standards that local agencies shall use to evaluate a proposed accessory dwelling unit on a lot zoned for residential use that Eentains anincludes a proposed ^qI_ or existing single-family dwelling. No additional standards, other than those provided in this subdivision, shall be utilized or imposed, except that a local agency may require an applicant for a permit issued pursuant to this subdivision to be an owner -occupant or that the property be used for rentals of terms longer than 30 days. (7) A local agency may amend its zoning ordinance or general plan to incorporate the policies, procedures, or other provisions applicable to the creation of an accessory dwelling unit if these provisions are consistent with the limitations of this subdivision. (8) An accessory dwelling unit that conforms to this subdivision shall be deemed to be an accessory use or an accessory building and shall not be considered to exceed the allowable density for the lot upon which it is located, and shall be deemed to be a residential use that is consistent with the existing general plan and zoning designations for the lot. The accessory dwelling unit shall not be considered in the application of any local ordinance, policy, or program to limit residential growth. (b) When a local agency that has not adopted an ordinance governing accessory dwelling units in accordance with subdivision (a) receives itsfirstanapplication en ^F ,fteff' ily 1,' O83, for a permit to create an accessory dwelling unit pursuant to this subdivision, the local agency shall aeeept the approve or disapprove the application ministerially without discretionary review pursuant to subdivision (a) within 120 days after receiving the application. (c) A local agency may establish minimum and maximum unit size requirements for both attached and detached accessory dwelling units. No minimum or maximum size for an accessory dwelling unit, or size based upon a percentage of the proposed or existing primary dwelling, shall be established by ordinance for either attached or detached dwellings that does not permit at least an efficiency unit to be constructed in compliance with local development standards. Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary residence. (d) Notwithstanding any other law, a local agency, whether or not it has adopted an ordinance governing accessory dwelling units in accordance with subdivision (a), shall not impose parking standards for an accessory dwelling unit in any of the following instances: (1) The accessory dwelling unit is located within one-half mile of public transit. (2) The accessory dwelling unit is located within an architecturally and historically significant historic district. (3) The accessory dwelling unit is part of the proposed or existing primary residence or an existing accessory structure. (4) When on -street parking permits are required but not offered to the occupant of the accessory dwelling unit. (5) When there is a car share vehicle located within one block of the accessory dwelling unit. (e) Notwithstanding subdivisions (a) to (d), inclusive, a local agency shall ministerially approve an application for a building permit to create within a zone for single-family r^Si'd a -Alia' Z^^^use one accessory dwelling unit per single-family lot if the unit is contained within the existing space of a single- family residence or accessory structure, including, but not limited to, a studio, pool house, or other GS similar structure, has independent exterior access from the existing residence, and the side and rear setbacks are sufficient for fire safety. Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary residence. A city may require owner occupancy for either the primary or the accessory dwelling unit created through this process. (f) (1) Fees charged for the construction of accessory dwelling units shall be determined in accordance with Chapter 5 (commencing with Section 66000) and Chapter 7 (commencing with Section 66012). (2) Accessory dwelling units shall not be considered by a local agency, special district, or water corporation to be a new residential esesuse for the purposes of calculating '^e.agency connection fees or capacity charges for utilities, including water and sewer service. (A) For an accessory dwelling unit described in subdivision (e), a local agency, special district, or water corporation shall not require the applicant to install a new or separate utility connection directly between the accessory dwelling unit and the utility or impose a related connection fee or capacity charge. (B) For an accessory dwelling unit that is not described in subdivision (e), a local agency, special district, or water corporation may require a new or separate utility connection directly between the accessory dwelling unit and the utility. Consistent with Section 66013, the connection may be subject to a connection fee or capacity charge that shall be proportionate to the burden of the proposed accessory dwelling unit, based upon either its size or the number of its plumbing fixtures, upon the water or sewer system. This fee or charge shall not exceed the reasonable cost of providing this service. (g) This section does not limit the authority of local agencies to adopt less restrictive requirements for the creation of an accessory dwelling unit. (h) Local agencies shall submit a copy of the ordinance adopted pursuant to subdivision (a) to the Department of Housing and Community Development within 60 days after adoption. The department may review and comment on this submitted ordinance. (i) As used in this section, the following terms mean: (1) "Living area" means the interior habitable area of a dwelling unit including basements and attics but does not include a garage or any accessory structure. (2) "Local agency' means a city, county, or city and county, whether general law or chartered. (3) For purposes of this section, "neighborhood" has the same meaning as set forth in Section 65589.5. (4) "Accessory dwelling unit" means an attached or a detached residential dwelling unit which provides complete independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single -family dwelling is situated. An accessory dwelling unit also includes the following: (A) An efficiency unit, as defined in Section 17958.1 of the Health and Safety Code. (B) A manufactured home, as defined in Section 18007 of the Health and Safety Code. (5) "Passageway" means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit. — qto., (6) "Tandem parking" means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another. (j) Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code), except that the local government shall not be required to hold public hearings for coastal development permit applications for accessory dwelling units. ql— r'�.I�Ir�,rrv.uua.�ln AUTHENTICATED Liiu!V �. ELECTRONIC LEGAL MATERIAL Assembly Bill No. 494 CHAPTER 602 An act to amend Section 65852.2 of the Government Code, relating to land use. [Approved by Governor October 8, 2017. Filed with Secretary of State October 8, 2017.] LEGISLATIVE COUNSEL'S DIGEST AB 494, Bloom. Land use: accessory dwelling units. The Planning and Zoning Law authorizes a local agency to provide by ordinance for the creation of accessory dwelling units in single-family and multifamily residential zones, as specified. That law requires the ordinance to require the accessory dwelling unit to comply with certain conditions, including, but not limited to, that the accessory dwelling unit is not intended for sale separate from the primary residence and may be rented. This bill would revise that condition to provide that the accessory dwelling unit may be rented separately from the primary residence. Existing law provides that no setback be required for an existing garage that is converted to an accessory dwelling unit, as specified. This bill also would provide that no setback be required for an existing garage that is converted to a portion of an accessory dwelling unit. Existing law requires that parking requirements for accessory dwelling units not exceed one parking space per unit or per bedroom and allows required parking spaces to be provided as tandem parking on an existing driveway. Existing law also requires specified offstreet parking to be permitted for an accessory dwelling unit unless, among other things, that specified offstreet parking is not allowed anywhere else in the jurisdiction. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit, and the local agency requires that those offstreet parking spaces be replaced, existing law allows, with specified exceptions, the replacement spaces to be located in any configuration, including as tandem parking, on the same lot as the accessory dwelling unit. This bill instead would require that parking requirements for accessory dwelling units not exceed one parking space per unit or per bedroom, whichever is less. The bill would define tandem parking for these purposes and would also allow replacement parking spaces to be located in any configuration if a local agency requires replacement of offstreet parking spaces when a garage, carport, or covered parking structure is converted to an accessory dwelling unit. This bill would remove the prohibition on specified offstreet parking where that parking is not allowed anywhere else in the jurisdiction. 95 Ch. 602 —2— Existing 2— Existing law requires ministerial, nondiscretionary approval of an application for a building permit to create within a single-family residential zone one accessory dwelling unit per single-family lot if the unit is contained within the existing space of a single-family residence or accessory structure and specified other conditions are met. This bill would provide that for these purposes, an accessory structure includes a studio, pool house, or other similar structure. The bill would also authorize a city to require owner occupancy for either the primary or the accessory unit created through this process. This bill would incorporate additional changes to Section 65852.2 of the Government Code proposed by SB 229 to be operative only if this bill and SB 229 are enacted and this bill is enacted last. By increasing the duties of local officials with respect to land use regulations, this bill would impose a state -mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. The people of the State of California do enact as follows: SECTION 1. Section 65852.2 of the Government Code is amended to read: 65852.2. (a) (1) A local agency may, by ordinance, provide for the creation of accessory dwelling units in single-family and multifamily residential zones. The ordinance shall do all of the following: (A) Designate areas within the jurisdiction of the local agency where accessory dwelling units may be permitted. The designation of areas may be based on criteria, that may include, but are not limited to, the adequacy of water and sewer services and the impact of accessory dwelling units on traffic flow and public safety. (B) (i) Impose standards on accessory dwelling units that include, but are not limited to, parking, height, setback, lot coverage, landscape, architectural review, maximum size of a unit, and standards that prevent adverse impacts on any real property that is listed in the California Register of Historic Places. (ii) Notwithstanding clause (i), a local agency may reduce or eliminate parking requirements for any accessory dwelling unit located within its jurisdiction. (C) Provide that accessory dwelling units do not exceed the allowable density for the lot upon which the accessory dwelling unit is located, and that accessory dwelling units are a residential use that is consistent with the existing general plan and zoning designation for the lot. (D) Require the accessory dwelling units to comply with all of the following: 95 , c, -3— Ch. 602 (i) The unit may be rented separate from the primary residence, but may not be sold or otherwise conveyed from the primary residence. (ii) The lot is zoned for single-family or multifamily use and contains an existing, single-family dwelling. (iii) The accessory dwelling unit is either attached to the existing dwelling or located within the living area of the existing dwelling or detached from the existing dwelling and located on the same lot as the existing dwelling. (iv) The increased floor area of an attached accessory dwelling unit shall not exceed 50 percent of the existing living area, with a maximum increase in floor area of 1,200 square feet. (v) The total area of floorspace for a detached accessory dwelling unit shall not exceed 1,200 square feet. (vi) No passageway shall be required in conjunction with the construction of an accessory dwelling unit. (vii) No setback shall be required for an existing garage that is converted to an accessory dwelling unit or to a portion of an accessory dwelling unit, and a setback of no more than five feet from the side and rear lot lines shall be required for an accessory dwelling unit that is constructed above a garage. (viii) Local building code requirements that apply to detached dwellings, as appropriate. (ix) Approval by the local health officer where a private sewage disposal system is being used, if required. (x) (I) Parking requirements for accessory dwelling units shall not exceed one parking space per unit or per bedroom, whichever is less. These spaces may be provided as tandem parking on an existing driveway. (II) Offstreet parking shall be permitted in setback areas in locations determined by the local agency or through tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions. (III) This clause shall not apply to a unit that is described in subdivision (d). (xi) When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit, or is converted to an accessory dwelling unit, and the local agency requires that those offstreet parking spaces be replaced, the replacement spaces may be located in any configuration on the same lot as the accessory dwelling unit, including, but not limited to, as covered spaces, uncovered spaces, or tandem spaces, or by the use of mechanical automobile parking lifts. This clause shall not apply to a unit that is described in subdivision (d). (2) The ordinance shall not be considered in the application of any local ordinance, policy, or program to limit residential growth. (3) When a local agency receives its first application on or after July 1, 2003, for a permit pursuant to this subdivision, the application shall be considered ministerially without discretionary review or a hearing, notwithstanding Section 65901 or 65906 or any local ordinance regulating the issuance of variances or special use permits, within 120 days after 95 -100, Ch. 602 —4— receiving 4— receiving the application. A local agency may charge a fee to reimburse it for costs that it incurs as a result of amendments to this paragraph enacted during the 2001-02 Regular Session of the Legislature, including the costs of adopting or amending any ordinance that provides for the creation of an accessory dwelling unit. (4) An existing ordinance governing the creation of an accessory dwelling unit by a local agency or an accessory dwelling ordinance adopted by a local agency subsequent to the effective date of the act adding this paragraph shall provide an approval process that includes only ministerial provisions for the approval of accessory dwelling units and shall not include any discretionary processes, provisions, or requirements for those units, except as otherwise provided in this subdivision. In the event that a local agency has an existing accessory dwelling unit ordinance that fails to meet the requirements of this subdivision, that ordinance shall be null and void upon the effective date of the act adding this paragraph and that agency shall thereafter apply the standards established in this subdivision for the approval of accessory dwelling units, unless and until the agency adopts an ordinance that complies with this section. (5) No other local ordinance, policy, or regulation shall be the basis for the denial of a building permit or a use permit under this subdivision. (6) This subdivision establishes the maximum standards that local agencies shall use to evaluate a proposed accessory dwelling unit on a lot zoned for residential use that contains an existing single-family dwelling. No additional standards, other than those provided in this subdivision, shall be utilized or imposed, except that a local agency may require an applicant for a permit issued pursuant to this subdivision to be an owner -occupant or that the property be used for rentals of terms longer than 30 days. (7) A local agency may amend its zoning ordinance or general plan to incorporate the policies, procedures, or other provisions applicable to the creation of an accessory dwelling unit if these provisions are consistent with the limitations of this subdivision. (8) An accessory dwelling unit that conforms to this subdivision shall be deemed to be an accessory use or an accessory building and shall not be considered to exceed the allowable density for the lot upon which it is located, and shall be deemed to be a residential use that is consistent with the existing general plan and zoning designations for the lot. The accessory dwelling unit shall not be considered in the application of any local ordinance, policy, or program to limit residential growth. (b) When a local agency that has not adopted an ordinance governing accessory dwelling units in accordance with subdivision (a) receives an application for a permit to create an accessory dwelling unit pursuant to this subdivision, the local agency shall approve or disapprove the application ministerially without discretionary review pursuant to subdivision (a) within 120 days after receiving the application. (c) A local agency may establish minimum and maximum unit size requirements for both attached and detached accessory dwelling units. No minimum or maximum size for an accessory dwelling unit, or size based 95 - lot ­_ -5— Ch. 602 upon a percentage of the existing dwelling, shall be established by ordinance for either attached or detached dwellings that does not permit at least an efficiency unit to be constructed in compliance with local development standards. Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary residence. (d) Notwithstanding any other law, a local agency, whether or not it has adopted an ordinance governing accessory dwelling units in accordance with subdivision (a), shall not impose parking standards for an accessory dwelling unit in any of the following instances: (1) The accessory dwelling unit is located within one-half mile of public transit. (2) The accessory dwelling unit is located within an architecturally and historically significant historic district. (3) The accessory dwelling unit is part of the existing primary residence or an existing accessory structure. (4) When on -street parking permits are required but not offered to the occupant of the accessory dwelling unit. (5) When there is a car share vehicle located within one block of the accessory dwelling unit. (e) Notwithstanding subdivisions (a) to (d), inclusive, a local agency shall ministerially approve an application for a building permit to create within a single-family residential zone one accessory dwelling unit per single-family lot if the unit is contained within the existing space of a single-family residence or accessory structure, including, but not limited to, a studio, pool house, or other similar structure, has independent exterior access from the existing residence, and the side and rear setbacks are sufficient for fire safety. Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary residence. A city may require owner occupancy for either the primary or the accessory dwelling unit created through this process. (f) (1) Fees charged for the construction of accessory dwelling units shall be determined in accordance with Chapter 5 (commencing with Section 66000) and Chapter 7 (commencing with Section 66012). (2) Accessory dwelling units shall not be considered new residential uses for the purposes of calculating local agency connection fees or capacity charges for utilities, including water and sewer service. (A) For an accessory dwelling unit described in subdivision (e), a local agency shall not require the applicant to install a new or separate utility connection directly between the accessory dwelling unit and the utility or impose a related connection fee or capacity charge. (B) For an accessory dwelling unit that is not described in subdivision (e), a local agency may require a new or separate utility connection directly between the accessory dwelling unit and the utility. Consistent with Section 66013, the connection may be subject to a connection fee or capacity charge that shall be proportionate to the burden of the proposed accessory dwelling unit, based upon either its size or the number of its plumbing fixtures, upon 95 JV2i Ch. 602 —6— the 6— the water or sewer system. This fee or charge shall not exceed the reasonable cost of providing this service. (g) This section does not limit the authority of local agencies to adopt less restrictive requirements for the creation of an accessory dwelling unit. (h) Local agencies shall submit a copy of the ordinance adopted pursuant to subdivision (a) to the Department of Housing and Community Development within 60 days after adoption. (i) As used in this section, the following terms mean: (1) "Living area" means the interior habitable area of a dwelling unit including basements and attics but does not include a garage or any accessory structure. (2) "Local agency" means a city, county, or city and county, whether general law or chartered. (3) For purposes of this section, "neighborhood" has the same meaning as set forth in Section 65589.5. (4) "Accessory dwelling unit" means an attached or a detached residential dwelling unit which provides complete independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family dwelling is situated. An accessory dwelling unit also includes the following: (A) An efficiency unit, as defined in Section 17958.1 of the Health and Safety Code. (B) A manufactured home, as defined in Section 18007 of the Health and Safety Code. (5) "Passageway" means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit. (6) "Tandem parking" means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another. 0) Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code), except that the local government shall not be required to hold public hearings for coastal development permit applications for accessory dwelling units. SEC. 1.5. Section 65852.2 of the Government Code is amended to read: 65852.2. (a) (1) A local agency may, by ordinance, provide for the creation of accessory dwelling units in areas zoned to allow single-family or multifamily use. The ordinance shall do all of the following: (A) Designate areas within the jurisdiction of the local agency where accessory dwelling units may be permitted. The designation of areas may be based on criteria that may include, but are not limited to, the adequacy of water and sewer services and the impact of accessory dwelling units on traffic flow and public safety. (B) (i) Impose standards on accessory dwelling units that include, but are not limited to, parking, height, setback, lot coverage, landscape, architectural review, maximum size of a unit, and standards that prevent 95 163 -7— Ch. 602 adverse impacts on any real property that is listed in the California Register of Historic Places. (ii) Notwithstanding clause (i), a local agency may reduce or eliminate parking requirements for any accessory dwelling unit located within its jurisdiction. (C) Provide that accessory dwelling units do not exceed the allowable density for the lot upon which the accessory dwelling unit is located, and that accessory dwelling units are a residential use that is consistent with the existing general plan and zoning designation for the lot. (D) Require the accessory dwelling units to comply with all of the following: (i) The unit may be rented separate from the primary residence, buy may not be sold or otherwise conveyed separate from the primary residence. (ii) The lot is zoned to allow single-family or multifamily use and includes a proposed or existing single-family dwelling. (iii) The accessory dwelling unit is either attached or located within the living area of the proposed or existing primary dwelling or detached from the proposed or existing primary dwelling and located on the same lot as the proposed or existing primary dwelling. (iv) The total area of floorspace of an attached accessory dwelling unit shall not exceed 50 percent of the proposed or existing primary dwelling living area or 1,200 square feet. (v) The total area of floorspace for a detached accessory dwelling unit shall not exceed 1,200 square feet. (vi) No passageway shall be required in conjunction with the construction of an accessory dwelling unit. (vii) No setback shall be required for an existing garage that is converted to an accessory dwelling unit or to a portion of an accessory dwelling unit, and a setback of no more than five feet from the side and rear lot lines shall be required for an accessory dwelling unit that is constructed above a garage. (viii) Local building code requirements that apply to detached dwellings, as appropriate. (ix) Approval by the local health officer where a private sewage disposal system is being used, if required. (x) (I) Parking requirements for accessory dwelling units shall not exceed one parking space per unit or per bedroom, whichever is less. These spaces may be provided as tandem parking on a driveway. (II) Offstreet parking shall be permitted in setback areas in locations determined by the local agency or through tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions. (III) This clause shall not apply to a unit that is described in subdivision (d). (xi) When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit or converted to an accessory dwelling unit, and the local agency requires that 95 Ch. 602 —8— those 8— those offstreet parking spaces be replaced, the replacement spaces may be located in any configuration on the same lot as the accessory dwelling unit, including, but not limited to, as covered spaces, uncovered spaces, or tandem spaces, or by the use of mechanical automobile parking lifts. This clause shall not apply to a unit that is described in subdivision (d). (2) The ordinance shall not be considered in the application of any local ordinance, policy, or program to limit residential growth. (3) When a local agency receives its first application on or after July 1, 2003, for a permit pursuant to this subdivision, the application shall be considered ministerially without discretionary review or a hearing, notwithstanding Section 65901 or 65906 or any local ordinance regulating the issuance of variances or special use permits, within 120 days after receiving the application. A local agency may charge a fee to reimburse it for costs that it incurs as a result of amendments to this paragraph enacted during the 2001-02 Regular Session of the Legislature, including the costs of adopting or amending any ordinance that provides for the creation of an accessory dwelling unit. (4) An existing ordinance governing the creation of an accessory dwelling unit by a local agency or an accessory dwelling ordinance adopted by a local agency subsequent to the effective date of the act adding this paragraph shall provide an approval process that includes only ministerial provisions for the approval of accessory dwelling units and shall not include any discretionary processes, provisions, or requirements for those units, except as otherwise provided in this subdivision. In the event that a local agency has an existing accessory dwelling unit ordinance that fails to meet the requirements of this subdivision, that ordinance shall be null and void upon the effective date of the act adding this paragraph and that agency shall thereafter apply the standards established in this subdivision for the approval of accessory dwelling units, unless and until the agency adopts an ordinance that complies with this section. (5) No other local ordinance, policy, or regulation shall be the basis for the denial of a building permit or a use permit under this subdivision. (6) This subdivision establishes the maximum standards that local agencies shall use to evaluate a proposed accessory dwelling unit on a lot zoned for residential use that includes a proposed or existing single-family dwelling. No additional standards, other than those provided in this subdivision, shall be utilized or imposed, except that a local agency may require an applicant for a permit issued pursuant to this subdivision to be an owner -occupant or that the property be used for rentals of terms longer than 30 days. (7) A local agency may amend its zoning ordinance or general plan to incorporate the policies, procedures, or other provisions applicable to the creation of an accessory dwelling unit if these provisions are consistent with the limitations of this subdivision. (8) An accessory dwelling unit that conforms to this subdivision shall be deemed to be an accessory use or an accessory building and shall not be considered to exceed the allowable density for the lot upon which it is 95 -1()S- -9— Ch. 602 located, and shall be deemed to be a residential use that is consistent with the existing general plan and zoning designations for the lot. The accessory dwelling unit shall not be considered in the application of any local ordinance, policy, or program to limit residential growth. (b) When a local agency that has not adopted an ordinance governing accessory dwelling units in accordance with subdivision (a) receives an application for a permit to create an accessory dwelling unit pursuant to this subdivision, the local agency shall approve or disapprove the application ministerially without discretionary review pursuant to subdivision (a) within 120 days after receiving the application. (c) A local agency may establish minimum and maximum unit size requirements for both attached and detached accessory dwelling units. No minimum or maximum size for an accessory dwelling unit, or size based upon a percentage of the proposed or existing primary dwelling, shall be established by ordinance for either attached or detached dwellings that does not permit at least an efficiency unit to be constructed in compliance with local development standards. Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary residence. (d) Notwithstanding any other law, a local agency, whether or not it has adopted an ordinance governing accessory dwelling units in accordance with subdivision (a), shall not impose parking standards for an accessory dwelling unit in any of the following instances: (1) The accessory dwelling unit is located within one-half mile of public transit. (2) The accessory dwelling unit is located within an architecturally and historically significant historic district. (3) The accessory dwelling unit is part of the proposed or existing primary residence or an accessory structure. (4) When on -street parking permits are required but not offered to the occupant of the accessory dwelling unit. (5) When there is a car share vehicle located within one block of the accessory dwelling unit. (e) Notwithstanding subdivisions (a) to (d), inclusive, a local agency shall ministerially approve an application for a building permit to create within a zone for single-family use one accessory dwelling unit per single-family lot if the unit is contained within the existing space of a single-family residence or accessory structure, including, but not limited to, a studio, pool house, or other similar structure, has independent exterior access from the existing residence, and the side and rear setbacks are sufficient for fire safety. Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary residence. A city may require owner occupancy for either the primary or the accessory dwelling unit created through this process. (f) (1) Fees charged for the construction of accessory dwelling units shall be determined in accordance with Chapter 5 (commencing with Section 66000) and Chapter 7 (commencing with Section 66012). 95 16& Ch. 602 _10— (2) 10— (2) Accessory dwelling units shall not be considered by a local agency, special district, or water corporation to be a new residential use for the purposes of calculating connection fees or capacity charges for utilities, including water and sewer service. (A) For an accessory dwelling unit described in subdivision (e), a local agency, special district, or water corporation shall not require the applicant to install a new or separate utility connection directly between the accessory dwelling unit and the utility or impose a related connection fee or capacity charge. (B) For an accessory dwelling unit that is not described in subdivision (e), a local agency, special district, or water corporation may require a new or separate utility connection directly between the accessory dwelling unit and the utility. Consistent with Section 66013, the connection may be subject to a connection fee or capacity charge that shall be proportionate to the burden of the proposed accessory dwelling unit, based upon either its size or the number of its plumbing fixtures, upon the water or sewer system. This fee or charge shall not exceed the reasonable cost of providing this service. (g) This section does not limit the authority of local agencies to adopt less restrictive requirements for the creation of an accessory dwelling unit. (h) Local agencies shall submit a copy of the ordinance adopted pursuant to subdivision (a) to the Department of Housing and Community Development within 60 days after adoption. The department may review and comment on this submitted ordinance. (i) As used in this section, the following terms mean: (1) "Living area" means the interior habitable area of a dwelling unit including basements and attics but does not include a garage or any accessory structure. (2) "Local agency" means a city, county, or city and county, whether general law or chartered. (3) For purposes of this section, "neighborhood" has the same meaning as set forth in Section 65589.5. (4) "Accessory dwelling unit" means an attached or a detached residential dwelling unit which provides complete independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family dwelling is situated. An accessory dwelling unit also includes the following: (A) An efficiency unit, as defined in Section 17958.1 of the Health and Safety Code. (B) A manufactured home, as defined in Section 18007 of the Health and Safety Code. (5) "Passageway" means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit. (6) "Tandem parking" means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another. 0) Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act of 1976 95 -- I0-I- -11— Ch. 602 (Division 20 (commencing with Section 30000) of the Public Resources Code), except that the local government shall not be required to hold public hearings for coastal development permit applications for accessory dwelling units. SEC. 2. Section 1.5 of this bill incorporates amendments to Section 65852.2 of the Government Code proposed by both this bill and Senate Bill 229. That section shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2018, (2) each bill amends Section 65852.2 of the Government Code, and (3) this bill is enacted after Senate Bill 229, in which case Section 1 of this bill shall not become operative. SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code. IN] 95 TRAYLOR, MARIAN Subject: RE: Costa Mesa City Planning ADDITIONAL DOCUMENTS FOR PH -2 From: Tom Walker[mailto:tomwalker1000@gmail.com] Sent: Monday, January 01, 2018 9:54 PM To: GENIS, SANDRA <SANDRA.GENIS@costamesaca.gov>; FOLEY, KATRINA<KATRINA.FOLEY@costamesaca.gov>; RIGHEIMER, JIM<JIM.RIGHEIMER@costamesaca.gov>; STEPHENS, JOHN<JOHN.STEPHENS@costamesaca.gov>; MANSOOR, ALLAN <ALLAN.MANSOOR@costa mesaca.gov> Cc: ANDRANIAN, STEPHAN <STEPHAN.ANDRAN ]AN @costamesaca.gov>; DEARAKAL, BYRON <BYRON.DEARAKAL@ costa mesaca.gov>; HARLAN, JEFFREY <JEFFREY.HARLAN@costamesaca.gov>; KERINS, ISABELL M. <ISABELL. KERINS@costa mesaca.gov>; WOODS, CARLA N. <CARLA.WOODS@costa mesaca.gov>; ASHABI, MINOO <M INOO.ASHAB]Pcostamesaca.gov> Subject: Costa Mesa City Planning Dear Mayor Genis and City of Costa Mesa Council Members I am writing first in response to Item # PH -2 on the Costa Mesa City Council meeting agenda for 1/2/18. 1 am concerned that the Costa Mesa Planning Commission is using the state of California's goals for increasing residential housing units to further some preconceived notions that could have the opposite effect. Page 13 of the Oct. 9, 2017 Planning Commission agenda report states that as of the date of publication no public comments had been received regarding this issue. Please consider the attached as my comments regarding the ordinance in question. In addition, I have been in the home building industry for about 40 years and a resident of Costa Mesa for almost that long. As my wife and I are planning a small project on my own property on the Eastside I have been attending more planning commission and council meetings recently. I must say that I have been surprised at the negative (sometimes viciously) reaction to new building projects proposed in Costa Mesa. I have attached something I came across recently showing some of the positive effects on per household energy usage. This is not by accident (or admittedly most builders creativity or wisdom) but by aggressive pursuit of more efficient products in the USA and especially in the state of California. But while we celebrate the ingenuity of folks that produce cars that stretch the amount of miles that can be driven on a gallon of gas to distances once thought impossible, some condemn new projects that would include high efficiency heating units. I guess the old floor furnace works just fine for them. We are amazed at how little energy our new appliances use in comparison to the old clunkers they replaced, but some will scoff an new building projects that would include highly efficient LED lighting. We are aghast at the cost of the tunnels, pipelines, and aquaducts we must build to bring Northern California and out of state water to the parched Southern counties, yet some ridicule new building projects that include plumbing fixtures that reduce water usage, drought tolerate landscaping with water efficient irrigations methods, and pervious paving systems or other devices that help recharge groundwater levels. My point is this... I can excuse those who come to the meeting concerned only about how new building in their neighborhood might impact their lives in the short term and in the long term, but you all are our local civic leaders... you were not drafted into the position, you ran for office or accepted an appointment to such. While you have an obligation to all residents of Costa Mesa to review and examine proposed new project as they relate to improving our city, you also have an obligation beyond that to make our city a leader in creative urban planning. You not only have to accept progress, you have to embrace and lead it. When it comes to new building in this city you can lead with good planning and building science or you can follow the NIMBY's on a trip down memory lane. Your comments and actions regarding new building projects in Costa Mesa help me to decide which of you I will follow. Thank you for listening and thank you for your service to Costa Mesa, Tom Wal kcr Cell: 949.922.4324 tomwalker10000gmail.com ADDITIONAL DOCUMENTS FOR PH -2 I have read with interest the draft of Ordinance No. 17 that the planning commission has recommended the city council approve. While some areas of the code amendment seem to provide a reduction of barriers to the construction of new residential units as state regulations have intended, other areas of the code will have the opposite effect and reduce construction of additional units. For purposes of brevity I will focus on the latter and how it might affect property owners such as me and my wife. I will also bullet point my comments for ease of reference in any responses from commissioners or council members. • At the bottom of page 5 of the planning commission agenda report there is a note regarding a possible amendment to the General Plan to remove the exemption for development of additional units on lots between 6000 sf and 7260 sf (CID or small lot development ) established prior to March 16, 1992 as allowed under the current code. If the elimination of this exemption is not pursued, the allowance of an ADU on these properties would have a positive effect as it would allow property owners that are in need of just a small added space for a rental, family member, etc. at a lower cost while not limiting others in developing a CID or small lot project on their property. If the exemption is eliminated it would essentially amount to a "down zoning' of the 566 lots in the City of Costa Mesa that fit into these limits, including ours, to an R1 lot with a small adjustment to the lot square footage required for the addition of an ADU. This would have the opposite effect of the state's goal and reduce the number of new housing units built as most property owners would not be interested in building an ADU on properties zoned for and intended for multi -family housing. • Section 2 of the draft references limiting ADUs to two bedrooms, however page 9 of the planning commission report seems to acknowledge that the reduction of the allowable size of an ADU from the current 1200 sf to only 800 sf really translates to a one bedroom or studio unit. For reference I have attached a floor plan of a single wide two bedroom trailer as an ADU just this size would not be allowable with 800 sf restriction. This will not only discourage added units it would also reduce the attraction of an ADU to small families (single parent, etc) that might not be able to afford traditional single family home rents. • Section 5 of the draft limits detached ADUs not built over a garage to one story, 15 feet high "to preserve the character of single family neighborhoods". While this might make sense in some R1 neighborhoods, in the R2MD zoned neighborhoods such as ours it would result in a tiny unit surrounded by two story (or more) homes and apartments. In addition, the limitation to a single story increases the building "footprint" of the ADU causing increased lot coverage. This seems inconsistent with open space goals. Tom Walker § Since 1975 § Television (proliferation) § Computers § Gaming systems § Air Conditioning (proliferation) § ATMs § Internet § Cell phones § Cable TV ADDITIONAL DOCUMENTS FOR PH -2 Impact of Building Standards on Home Energy Use 120 o Water Heating 100�_—.,. 11Space Cooling MSpxe Heating sa r �r Y 40 J Ell 0 70% 1978 1934 1988 1992 1998 2001 2005 2008 2013 2016 20L; ADDITIONAL DOCUMENTS FOR PH -2 UteWpdaba&&Mll