HomeMy WebLinkAbout42 - PH-2 - Attachment 7 - 1/2/2018ATTACHMENT r
65858.2 As amended by Section 1.5 of AB 494 (Effective 2018)
6552.2(a) (1) A local agency may, by ordinance, provide for the creation of accessory dwelling units in
areas wined to allow single-family aR4or 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 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 " rnay be rented separate from the primary residence d- " e
u ma not b sold or oche ise conve ed se erste from the ' rima residence:
(ii) The lot is zoned fe#o allow single-family or multifamily use and ry includes a ro Deed or
existing, single-family dwelling.
(iii) The accessory dwelling unit is either attached ` or located within the living
area of the proposed or existing riMary dwelling or detached from the ' ro os dor existingrimary
dwelling and located on the same lot as the proposed or existingrim ry dwelling.
(iv) The 4w*ease44k4eftotaI area of floorspace of an attached accessory dwelling unit shall not exceed
50 percent of the prgpgsed or existing ,primary dwelling living area,
afea-ef.21 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 pan accessordwellin unit
orto a onion 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 maybe provided as tandem parking on a44x456ng2
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,
(111) 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 accesso wellin unit, and the local
agency requires that those off-street parking spaces be replaced, the replacement spaces may
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 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 Legisiature, 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 -a44includes 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 bean 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 454ifstan application , fora permit to
create an accessory dwelling unit pursuant to this subdivision, the local agency shall
app4eat4owa444-aapprove 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 pr2p2sed or existing rirnary 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 pLgp2sed or existing primary residence or an ems4ft
accessory structure.
(4) 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.
(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 ' ° 4 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, includin but not limitedto a studio ool house orother
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 cit ma re airs owner occu anc for
either the rimart or the access or dwellinc, unit created throu h this roess.
(f) (1) Fees charged for the construction of accessory dwelling units shah be determined in accordance
with Chapter 5 (commencing with Section 66000) and Chapter 7 (commencing with Section 6012).
(2) Accessory dwelling units shall not be considered by a local agency, s ecial district or water
cor oration to e a new residential twsesyuse for the purposes of calculating loea genre -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, s�strEct, or water
g oration 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 accessory dwelling unit that is not described in subdivision (e), a local agency,s ecial district
or water or oration 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
Day 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 accessary dwelling unit:
q�,
�) `°1"andr pain s, means that tvvo or more autornobiles are arked on � driveway or �n ani other
location on a lot lined u 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 19761(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.
a
AUTH'E TIiCAr u
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 accessary
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 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 no enact casfillows:
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
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 salve 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
Cir. 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.
(S) No other local ordinance, policy, or regulation shall be the basis for
the denial of a building permit or a use permit Linder 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
-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 -fancily 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 detennined 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
Ch. 602 —6—
the
6the 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 governtnent shall not be required to hold public
hearings for coastal development permit applications for accessory dwelling
units.
SBC. 1.5. Section 65852.2 of the Government Code is amended to read:
65852.2. (a) (l) 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 fallowing:
(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
-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 maybe 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 loft 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) (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 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.
(II1) 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
9s
—
C. 602 —
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
-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
Ch. 602 _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) "Accessary 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
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 (l) 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.
X
95