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AUTHENTICATED:
ELECTIRONIC LEGAL MATERIAL
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 nrultifarnily residential zones, as specified. Existing
law authorizes the ordinance to designate areas within the jurisdiction of
the local agency where 2nd units may be permitted, to impose specified
standards on 2nd units, and to provide that 2nd units do not exceed allowable
density and are a residential use; as specified.
This bill would replace the term "second unit" with "accessory dwelling
unit." The bill would, instead, require the ordinance to include the elements
described above and would also require the ordinance to require accessory
dwelling units to comply with specified conditions. This bill would require
ministerial, nondiscretionary approval of an accessory dwelling unit under
an existing ordinance. The bill would also specify that a local agency may
reduce or eliminate parking requirements for any accessory dwelling unit
located within its jurisdiction.
Existing law requires that parking requirements for 2nd units not exceed
one parking space per unit or per bedroom. Under existing law, additional
parking may be required provided that a finding is made that the additional
parking requirements are directly related to the use of the 2nd unit and are
consistent with existing neighborhood standards applicable to residential
dwellings.
This bill would delete the above-described authorization for additional
parking requirements.
By ;increasing the duties of local officials with respect to 'land use
regulations, this bill would impose a state -mandated local program.
This bill would incorporate additional changes in Section 65852.2 of the
Government Code proposed by SB 1069 that would become operative only
if SB 1069 and this bill are both chaptered and become effective on or before
January 1, 2017, and this bill is chaptered last.
The California Constitution requires the state to reimburse local agencies
and school districts for certain costs mandated by the state. Statutory
provisions establish procedures for making that reimbursement.
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Ch. 735 —2—
This bill would provide that no reimbursement is required by this act for
a specified reason.
The people oJ'the State oJ* California do enact asfollows:
SECTION 1. Section 65852.2 of the Government Code is amended to
read:
65852.2. (a) (1) A local agency may, by ordinance, provide for the
creation of accessory dwelling units in single-family and multifamily
residential zones. The ordinance shall do all of the following:
(A) Designate areas within the jurisdiction of the local agency where
accessory dwelling units may be permitted. The designation of areas may
be based on criteria, that may include, but are not limited to, the adequacy
of water and sewer services and the impact of accessory dwelling units on
traffic flow and public safety,
(B) Impose standards on accessory dwelling units that include, but are
not limited to, parking, height, setback, lot coverage, landscape, architectural
review, maximum size of a unit, and standards that prevent adverse impacts
on any real property that is listed in the California Register of Historic
Places.
(C) Notwithstanding subparagraph (B), a local agency may reduce or
eliminate parking requirements for any accessory dwelling unit located
within its jurisdiction.
(D) Provide that accessory dwelling units do not exceed the allowable
density for the lot upon which the accessory dwelling unit is located, and
that accessory dwelling units are a residential use that is consistent with the
existing general plan and zoning designation for the lot.
(E) Require the accessory dwelling units to comply with all of the
following:
(i) The unit is not intended for sale separate from the primary residence
and may be rented,
(ii) The lot is zoned for single-family or multifamily use.
(iii) The accessory dwelling unit is either attached to the existing dwelling
or located within the living area of the existing dwelling or detached from
the existing dwelling and located on the same lot as the existing dwelling.
(iv) The increased floor area of an attached accessory dwelling unit shall
not exceed 50 percent of the existing living area.
(v) The total area of floorspace for a detached accessory dwelling unit
shall not exceed 1,200 square feet.
(vi) No passageway shall be required in conjunction with the construction
of an accessory dwelling unit.
(vii) No setback shall be required for an existing garage that is converted
to a accessory dwelling unit, and a setback of no more than five feet from
the side and rear lot lines shall be required for an accessory dwelling unit
that is constructed above a garage.
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-3— ch. 735
(viii) Local building code requirements that apply to detached dwellings,
as appropriate.
(ix) Approval by the local health officer where 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.
(II) Offstreet parking shall be permitted in setback areas in locations
determined by the local agency or through tandem parking, unless specific
findings are made that parking in setback areas or tandem parking is not
feasible based upon specific site or regional topographical or fire and life
safety conditions, or that it is not permitted anywhere else in the jurisdiction.
(xi) When a garage, carport, or covered parking structure is demolished
in conjunction with the construction of an accessory dwelling unit, and the
local agency requires that those offstreet parking spaces be replaced, the
replacement spaces may be located in any configuration on the same lot as
the accessory dwelling unit, including, but not limited to, as covered spaces,
uncovered spaces, or tandem spaces, or by the use of mechanical automobile
parking lifts.
(2) The ordinance shall not be considered in the application of any local
ordinance, policy, or program to limit residential growth.
(3) When a local agency receives its first application on or after July 1,
2003, for a permit pursuant to this subdivision, the application shall be
considered ministerially without discretionary ,review or a hearing,
notwithstanding Section 65901 or 65906 or any local ordinance regulating
the issuance of variances or special use permits, within 120 days after
receiving the application. A local agency may charge a fee to reimburse it
for costs that it incurs as a result of amendments to this paragraph enacted
during the 2001-02 Regular Session of the Legislature, including the costs
of adopting or amending any ordinance that provides for the creation of
accessory dwelling units.
(4) Any existing ordinance governing the creation of accessory dwelling
units by a local agency or any such ordinance adopted by a local agency
subsequent to the effective date of the act adding this paragraph shall provide
an approval process that includes only ministerial provisions for the approval
of accessory dwelling units and shall not include any discretionary processes,
provisions, or requirements for those units except as otherwise provided in
this subdivision. In the event that a local agency has an existing accessory
dwelling unit ordinance that fails to meet the requirements of this
subdivision, that ordinance shall be null and void upon the effective date
of the act adding this paragraph and that agency shall thereafter apply the
standards established in this subdivision for the approval of accessory
dwelling units, unless and until the agency adopts an ordinance that complies
with this section.
(5) No other local ordinance, policy, or regulation shall be the basis for
the denial of a building permit or a use permit under this subdivision.
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Ch. 735 —4—
(6)
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 S (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 tenus mean:
(1) "Living area" means the interior habitable area of a dwelling unit
"including basements and attics but does not include a garage or any accessory
structure.
(2) "Local agency" means a city, county, or city and county, whether
general law or chartered.
(3) For purposes of this section, "neighborhood" has the same meaning
as set forth in Section 65589.5.
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C. 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.
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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 bedroorn. These spaces may be provided
as tandem parking on an existing driveway.
(II) Offstreet parking shall be permitted in setback areas in locations
determined by the local agency or through tandem parking, unless specific
findings are made that parking in setback areas or tandem parking is not
feasible based upon specific site or regional topographical or fire and life
safety conditions, or that it is not permitted anywhere else in the jurisdiction.
(III) This clause shall not apply to a unit that is described in subdivision.
(d)•
(xi) When a garage, carport, or covered parking structure is demolished
in conjunction with the construction of an accessory dwelling unit, and the
local agency requires that those offstreet parking spaces be replaced, the
replacement spaces may be located in any configuration on the same lot as
the accessory dwelling unit, including, but not limited to, as covered spaces,
uncovered spaces, or tandem spaces, or by the use of mechanical automobile
parking lifts. This clause shall not apply to a unit that is described in
subdivision (d).
(2) The ordinance shall not be considered in the application of any local
ordinance, policy, or program to limit residential growth.
(3) When a local agency receives its first application on or after July 1,
2003, for a permit pursuant to this subdivision, the application shall be
considered ministerially without discretionary review or a hearing,
notwithstanding Section 65901 or 65906 or any local ordinance regulating
the issuance of variances or special use permits, within 120 days after
receiving the application. A local agency may charge a fee to reimburse it
for costs that it incurs as a result of amendments to this paragraph enacted
during the 2001-02 Regular Session of the Legislature, including the costs
of adopting or amending any ordinance that provides for the creation of an
accessory dwelling unit.
(4) An existing ordinance governing the creation of an accessory dwelling
unit by a local agency or an accessory dwelling ordinance adopted by a
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7— C. 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 providedinthis 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 terrns 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 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 minirnum and maximum unit size
requirements for both attached and detached accessory dwelling units. No
minimum or maximum size for an accessory dwelling unit, or size based
upon a percentage of the existing dwelling, shall be established by ordinance
for either attached or detached dwellings that does not permit at least an
efficiency unit to be constructed in compliance with local development
standards, Accessory dwelling units shall not be required to provide fire
sprinklers if they are not required for the primary residence:
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C. 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
accessary 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 terns mean:
Ch. 735
(1) "Living area" means the interior habitable area of 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 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.
d
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