Amended IN Assembly May 01, 2018 Amended IN Assembly April 12, 2018 Amended IN Assembly March 22, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 2890Introduced by Assembly Member Ting(Principal coauthor: Senator Skinner)February 16, 2018An act to amend Sections 65852.2 and 65852.22 of the Government Code, and to add Section 17921.2 to the Health and Safety Code, relating to land use.LEGISLATIVE COUNSEL'S DIGESTAB 2890, as amended, Ting. 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, requires the ordinance to designate areas within the local jurisdiction where accessory dwelling units may be permitted, zones and sets forth standards the ordinance is required to impose, including, among others, maximum unit size, parking, lot coverage, and height standards. Existing law prohibits the ordinance from establishing size requirements for accessory dwelling units that do not permit at least an efficiency unit to be constructed.The State Housing Law requires, with an exception for building standards adopted, amended or repealed by the State Fire Marshal, the Department of Housing and Community Development to propose the adoption, amendment, or repeal of building standards to the California Building Standards Commission, as specified, and adopt, amend, and repeal other rules and regulations for the protection of the public health, safety, and general welfare of the occupant and the public governing the erection, construction, enlargement, conversion, alteration, repair, moving, removal, demolition, occupancy, use, height, court, area, sanitation, ventilation and maintenance of all apartment houses and dwellings, and buildings and structures accessory thereto.This bill would instead authorize accessory dwelling units to be created in areas where a single-family or multifamily dwelling is authorized. The bill would authorize the ordinance adopted for the creation of accessory dwelling units to designate areas where accessory dwelling units are excluded for fire and life safety purposes based on clear findings supported by a preponderance of evidence. The bill would limit the types of standards that a local agency may impose on accessory dwelling units, including parking, height, size, and setback requirements, and would revise certain standards as specified. The bill would include among the standards a requirement that the accessory dwelling unit comply with small home building standards that the bill would require the Department of Housing and Community Development to create, as specified, and submit to the California Building Standards Commission by January 1, 2020. The bill would require a local agency that has not adopted an ordinance for accessory dwelling units to consider the permit ministerially without discretionary review or a hearing, and would deem an application approved if the local agency does not act on the submitted application within 60 days. The bill would require a local agency, regardless of whether it has adopted an ordinance, to ministerially approve an application for a building permit to create one or more accessory dwelling units in specified circumstances.Existing law authorizes a local agency, special district, or water corporation to require a new or separate utility connection between the accessory dwelling unit and the utility and authorizes fees to be charged.This bill would specify that an accessory dwelling unit is not subject to impact fees, connection fees, capacity charges, or any other fees or charges levied by a local agency, school district, special district, or water corporation. The bill would also specify that an accessory dwelling unit or a junior accessory dwelling unit on a single-family lot shall be valued for property tax purposes based exclusively on the value of the ministerial permit. This bill would prohibit the imposition of lot coverage standards or requirements on minimum lot size, lot coverage, or floor area ratio, and would prohibit an ordinance from establishing size requirements for accessory dwelling units that do not permit at least an 800 square foot unit to be constructed.Existing law requires a local agency that has adopted an ordinance for the creation of accessory dwelling units to consider a permit application within 120 days of receiving the application, and requires a local agency that has not adopted an ordinance to ministerially approve a permit application for the creation of an accessory dwelling unit within 120 days of receiving the application. Existing law also authorizes a local agency ordinance to require a permit applicant for an accessory dwelling unit to be an owner-occupant.This bill would instead require a local agency that has or has not adopted an ordinance to consider a permit application for the creation of an accessory dwelling unit within 60 days. The bill would provide that, if a local agency imposes an owner-occupancy restriction, the frequency of monitoring owner occupancy shall not be monitored more frequently than annually, shall be based on specified published documents, and would further define owner-occupant for purposes of that requirement.Existing law requires a local agency to ministerially approve a permit application to create one accessory dwelling unit per single-family lot, subject to specified conditions and requirements.This bill would provide for the ministerial approval of one or more accessory dwelling units on single-family and multifamily lots, subject to specified conditions and requirements.Existing law requires a local agency to submit an ordinance adopted for the creation of accessory dwelling units to the department and authorizes the department to review and comment on the ordinance.This bill would authorize the department to submit written findings as to whether the ordinance complies with state law and to notify the Attorney General if the ordinance is in violation of state law. The bill would authorize the department to adopt guidelines to implement uniform standards or criteria to supplement or clarify the terms, references, and standards set forth in statute and would exempt the adoption of the guidelines from the Administrative Procedure Act. The bill would also revise applicable definitions and make other conforming changes.Existing law authorizes a local agency to provide by ordinance for the creation of junior accessory dwelling units in single-family residential zones. zones and requires a local agency to consider an application for a junior accessory dwelling unit ministerially and to issue the permit within 120 days of submission of the application.This bill would revise these provisions to among other things, require ministerial review of a permit and issuance at the permit within 60 days of application. require the permit to be approved within 60 days of application and would require a local agency that has not adopted an ordinance for the creation of junior accessory dwelling units to apply the same standards established by this bill for local agencies with ordinances.The State Housing Law requires the Department of Housing and Community Development to propose building standards to the California Building Standards Commission, and to adopt, amend, or repeal rules and regulations governing apartment houses and dwellings, as specified.This bill would require the department to create and submit small building standards to the California Building Standards Commission by January 1, 2020.By increasing the duties of local agencies with respect to land use regulations, the 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe 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)A local agency may, by ordinance, provide for the creation of accessory dwelling units in areas where a single-family or multifamily dwelling is authorized. The ordinance shall do all of the following:(1)Impose not more than the following standards on accessory dwelling units:(A)(i)Subject to subdivision (m), require parking if an accessory dwelling unit is proposed on a lot. However, this parking requirement may be reduced or eliminated at the discretion of the local agency.(ii)Subject to clause (iii), authorize required parking spaces to be provided as tandem parking, other nonconforming parking configurations, within a driveway, or within setback locations determined by the local agency, without a requirement that any parking space be covered or within a structure.(iii)The authorization of clause (ii) may be limited by specific findings by the local agency that tandem parking or other nonconforming parking configurations, or parking in setback locations is not feasible based upon specific site or regional topographical or fire and life safety conditions.(B)Limit the height of an accessory dwelling unit only if the accessory dwelling unit is greater than 16 feet.(iii)(C)Require a front yard setback, landscape, and an architectural review of the accessory dwelling unit.(D)Limits on accessory dwelling units greater than 800 square feet that are either attached to the rear of an existing or proposed primary dwelling structure or located in the rear yard of that dwelling structure.(E)Standards that prevent adverse impacts on any real property that is listed in the California Register of Historic Places.(F)Prohibit the accessory dwelling unit from being sold or otherwise conveyed separately from the primary dwelling structure, except that the accessory dwelling unit may be rented separately from the primary dwelling structure.(G)Require the lot where an accessory dwelling unit is located to have a proposed or existing single-family or multifamily primary dwelling structure.(H)Require the accessory dwelling unit to be attached to or located within the living area of the proposed or existing primary single-family or multifamily dwelling structure, attached to or located within a proposed or existing accessory structure for the primary dwelling structure, or detached from the proposed or existing primary dwelling structure, and located on the same lot as the proposed or existing primary dwelling structure.(I)(i)Limit the total area of floorspace of an attached accessory dwelling unit and, if also on the same lot, a junior accessory dwelling unit, as defined in Section 65852.22, to not exceed 50 percent of the proposed or existing living area of the primary dwelling structure or 1,200 square feet, whichever is greater.(ii)Limit the total area of floor space of a detached accessory dwelling unit to not exceed 1,200 square feet.(J)Require an accessory dwelling unit to comply with the building standards described in Section 17921.2 of the Health and Safety Code or, if the accessory dwelling unit is factory-built housing approved by the department, comply with the building standards approved by the department and published in the California Building Standards Code.(2)Provide that an accessory dwelling unit does 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 for the lot.(3)Provide that an accessory dwelling unit shall not be considered to exceed the total allowable floor area or allowable floor-to-area ratio for the lot upon which the accessory dwelling unit is located.(4)Provide that minimum lot size, total floor area, floor area ratio, and lot coverage standards shall not be applied to an accessory dwelling unit in an existing structure or a new construction, single story rear yard accessory dwelling unit, unless the unit exceeds a height of 16 feet or exceeds five-feet side and rear yard setbacks.(5)Provide that no passageway shall be required in conjunction with the construction of an accessory dwelling unit.(6)Provide that no setback shall be required for an existing living area or accessory structure 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 or attached to a garage or that is constructed in a rear or side yard area.(7)Provide that an accessory dwelling unit that conforms to the ordinance shall be deemed to be an accessory use or an accessory building shall be deemed to be a residential use that is consistent with the existing general plan and zoning designations for the lot, and shall not be considered to be a change of use for any purpose or exceed the allowable density for the lot upon which it is located.(b)The ordinance adopted pursuant to subdivision (a) may do any of the following:(1)Designate areas within the jurisdiction of the local agency where accessory dwelling units may be excluded for fire and life safety purposes, based on clear findings that are supported by a preponderance of evidence. The designation of these areas shall be based on criteria that include the adequacy of water and sewer services and other fire and life safety issues.(2)Require an applicant for a permit issued pursuant to subdivision (a) on a lot with a proposed or existing single-family dwelling to be an owner-occupant. For purposes of this requirement, an owner-occupant shall include any of the following:(A)An owner of the lot who occupies either the primary dwelling or the accessory dwelling unit.(B)A trust in which ownership of the lot is placed if at least one beneficiary of the trust is a person with a disability and that person occupies the primary dwelling or the accessory dwelling unit.(C)An organization that owns the lot in order to provide long-term, deed-restricted affordable housing that is subject to a regulatory agreement with a local agency.(3)Require any rental of the property to be for a term longer than 30 days and be subject to additional short-term rental standards.(4)Require approval by the local health officer where a private sewage system is being used.(c)The ordinance and an accessory dwelling unit that conforms to the ordinance shall not be considered in the application of any local ordinance, policy, or program to limit residential growth.(d)A permit application for an accessory dwelling unit submitted pursuant to the ordinance adopted pursuant to subdivision (a) 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 60 days after receiving the application. If the local agency does not act on the submitted application within 60 days, the application shall be deemed approved. 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 200102 Regular Session of the Legislature, including the costs of adopting or amending any ordinance that provides for the creation of an accessory dwelling unit.(e)An existing ordinance governing an accessory dwelling unit adopted by a local agency 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 subdivision (a). If a local agency has an existing accessory dwelling unit ordinance that fails to meet the requirements of that subdivision, that ordinance shall be null and void and that agency shall thereafter apply the standards established in subdivision (a) for the approval of accessory dwelling units, unless and until the agency adopts an ordinance that complies with this section.(f)No other local ordinance, policy, or regulation shall be the basis for the denial of a building permit or a use permit under the ordinance adopted pursuant to subdivision (a).(g)This section establishes the maximum standards that local agencies shall use to evaluate a proposed accessory dwelling unit where a residential dwelling is authorized. No additional standards, other than those provided in this section, shall be utilized or imposed.(h)If an ordinance imposes an owner occupancy restriction, this restriction shall not be monitored more frequently than annually based on published public documents that evidence residency, including, but not limited to, a drivers license, school registration, or a voter registration document.(i)An accessory dwelling unit on a single-family lot shall, when assessed as new construction, be valued exclusively on the basis of the building permit value of the accessory dwelling unit ministerial permit, and shall not trigger a reassessment of the value of the underlying land or other structures on the property.(j)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 section.(k)When a local agency that has not adopted an ordinance pursuant to 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 60 days after receiving the application. If the local agency does not act upon the submitted application within 60 days, it shall be deemed approved.(l)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 800 square foot unit to be constructed in compliance with local development standards. The installation of fire sprinklers shall not be required in an accessory dwelling unit if they are not required for the primary residence.(m)A local agency, whether or not it has adopted an ordinance pursuant to subdivision (a), shall not impose parking standards for one or two accessory dwelling units on a single-family dwelling lot 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 single-family dwelling 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.(n)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, a local agency shall not require that those offstreet parking spaces be replaced.(o)(1)Notwithstanding subdivisions (a) to (l), inclusive, a local agency shall ministerially approve an application for a building permit to create any of the following:(A)One accessory dwelling unit and one junior accessory dwelling unit per lot with a single-family dwelling if all of the following apply:(i)The accessory dwelling unit or junior accessory dwelling unit is within the existing space of a single-family dwelling or accessory structure, including, but not limited to, reconstruction of an existing space with the same physical dimensions as the existing accessory structure.(ii)The space has exterior access from the existing single-family dwelling.(iii)The side and rear setbacks are sufficient for fire and life safety.(B)One detached new construction single story accessory dwelling of not more than 800 square feet and that does not exceed four-feet side and rear yard setbacks.(C)Multiple accessory dwelling units within the portions of existing multifamily dwelling structures that are not used as a livable space, including, but not limited to, a storage room, boiler room, passageway, attic, or garage.(D)No more than two accessory dwelling units that are located on a lot that has an existing multifamily dwelling, but are detached from that multifamily dwelling and are subject to a height limit of 16 feet and four-foot rear yard and side setbacks.(2)The installation of fire sprinklers shall not be required in an accessory dwelling unit authorized by ministerial permit pursuant to this subdivision if they are not required for the primary residence, and the local agency shall not require existing zoning nonconforming improvements to be corrected as a condition of granting the ministerial permit.(3)A local agency may require owner occupancy for either the primary dwelling or the accessory dwelling unit on a single-family lot created pursuant to this subdivision.(p)A local agency shall not implement standards for minimum lot size, lot coverage, or floor area ratio requirements for accessory dwelling units and shall allow for the construction of an accessory dwelling unit that complies with this section on any lot that allows for construction of a single-family or multifamily dwelling structure, unless specific findings are made based on a preponderance of evidence by a local agency that the construction of the accessory dwelling unit would adversely impact fire and life safety.(q)An accessory dwelling unit shall not be considered by a local agency, school district, special district, or water corporation to be a new residential use for the purposes of calculating fees.(r)An accessory dwelling unit permitted pursuant to this section shall not be subject to impact fees, connection fees, capacity charges, or any other fees or charges levied by a local agency, school district, special district, or water corporation.(s)This section does not limit the authority of local agencies to adopt less restrictive requirements for the creation of an accessory dwelling unit.(t)A local agency 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. After adoption of an ordinance, the department may submit written findings to the local agency as to whether the ordinance complies with this section. If the department finds that the local agencys ordinance does not comply with this section, the department shall notify the local agency and may notify the Attorney General that the local agency is in violation of state law. The local agency shall consider findings made by the department and may change the ordinance to comply with section or adopt the ordinance without changes. The legislative body of the local agency shall include findings in its resolution that explain the reason the legislative body believes the ordinance complies with this section despite the findings of the department.(u)The department may review, adopt, amend, or repeal guidelines to implement uniform standards or criteria that supplement or clarify the terms, references, and standards set forth in this section. The guidelines adopted pursuant to this subdivision are not subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2.(v)As used in this section, the following terms have the following meanings:(1)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.(2)Accessory structure means a detached structure from a single-family or multifamily dwelling structure and includes a detached garage, pool house, studio, and other similar structures, but does not include an accessory dwelling unit or junior accessory dwelling unit.(3)Department means the Department of Housing and Community Development.(4)Factory-built housing has the same meaning as in Section 19971 of the Health and Safety Code.(5)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.(6)Local agency means a city, county, or city and county, whether general law or chartered.(7)Neighborhood has the same meaning as set forth in Section 65589.5.(8)Passageway means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit.(9)Public transit means buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.(10)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.(w)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.(x)The amendments made to this section by the act adding this subdivision shall not be construed to apply to a permit application for an accessory dwelling unit submitted prior to January 1, 2019, which shall be subject to the requirements of this section as it read prior to that date.SEC. 2.Section 65852.22 of the Government Code is amended to read:65852.22.(a)Notwithstanding Section 65852.2, a local agency may, by ordinance, provide for the creation of junior accessory dwelling units in single-family residential zones. The ordinance may require a permit to be obtained for the creation of a junior accessory dwelling unit, and shall do all of the following:(1)Limit the number of junior accessory dwelling units to one per residential lot zoned for single-family dwellings with a single-family dwelling already built on the lot.(2)Require owner-occupancy in the single-family dwelling in which the junior accessory dwelling unit will be permitted. The owner may reside in either the remaining portion of the structure or the newly created junior 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 junior 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 junior accessory dwelling unit that conforms with this section.(4)Require a permitted junior 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 junior 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 junior accessory dwelling may include a second interior doorway for sound attenuation.(6)Require the permitted junior 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 junior accessory dwelling 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 junior 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 60 days of submission of an application for a 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 junior 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 dwelling that contains a junior accessory dwelling unit so long as the ordinance or regulation applies uniformly to all single-family dwellings within the zone regardless of whether the single-family residence includes a junior accessory dwelling unit.(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.(f)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 junior 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 junior accessory dwelling unit.(g)If a local agency has not adopted a local ordinance pursuant to this section, that local agency shall apply the standards established in this section for the approval if a permit to construct a junior accessory dwelling unit, unless and until the local agency adopts an ordinance that complies with this section.(h)A junior accessory dwelling unit shall, when assessed as new construction, be valued exclusively on the basis of the building permit value of the accessory dwelling unit ministerial permit, and shall not trigger a reassessment of the value of the underlying land or other structures on the property.(i)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.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 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 adverse impacts on any real property that is listed in the California Register of Historic Places. These standards shall not include requirements on minimum lot size, lot coverage, or floor area ratio.(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 but 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 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 60 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 200102 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. If an ordinance imposes an owner-occupancy restriction, this restriction shall not be monitored more frequently than annually based on published public documents that evidence residency, including, but not limited to, a drivers license, school registration, or a voter registration document. For purposes of this requirement, an owner-occupant shall include any of the following:(A) An owner of the lot who occupies either the primary dwelling or the accessory dwelling unit.(B) A trust in which ownership of the lot is placed if at least one beneficiary of the trust is a person with a disability and that person occupies the primary dwelling or the accessory dwelling unit.(C) An organization that owns the lot in order to provide long-term, deed-restricted affordable housing that is subject to a regulatory agreement with a local agency.(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 60 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 800 square foot 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) (1) 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. any of the following:(A) One accessory dwelling unit and one junior accessory dwelling unit per lot with a single-family dwelling if all of the following apply:(i) The accessory dwelling unit or junior accessory dwelling unit is within the existing space of a single-family dwelling or accessory structure, including, but not limited to, reconstruction of an existing space with the same physical dimensions as the existing accessory structure.(ii) The space has exterior access from the existing single-family dwelling.(iii) The side and rear setbacks are sufficient for fire and safety.(B) One detached, new-construction, single-story accessory dwelling of not more than 800 square feet that does not exceed four-foot side and rear yard setbacks for a lot with a single-family dwelling.(C) Multiple accessory dwelling units within the portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, or garages, if each unit complies with state building standards for dwellings.(D) Not more than two accessory dwelling units that are located on a lot that has an existing multifamily dwelling, but are detached from that multifamily dwelling and are subject to a height limit of 16 feet and four-foot rear yard and side setbacks.(2) A local agency shall not require, as a condition for ministerial approval, the correction of nonconforming conditions.(3) The installation of fire sprinklers shall not be required in an accessory dwelling unit if sprinklers are not required for the primary residence.(4) A local agency may require owner occupancy for either the primary dwelling or the accessory dwelling unit on a single-family lot.(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 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. After adoption of an ordinance, the department may submit written findings to the local agency as to whether the ordinance complies with this section. If the department finds that the local agencys ordinance does not comply with this section, the department shall notify the local agency and may notify the Attorney General that the local agency is in violation of state law. The local agency shall consider findings made by the department and may change the ordinance to comply with this section or adopt the ordinance without changes. The legislative body of the local agency shall include findings in its resolution that explain the reason the legislative body believes the ordinance complies with this section despite the findings of the department.(i) The department may review, adopt, amend, or repeal guidelines to implement uniform standards or criteria that supplement or clarify the terms, references, and standards set forth in this section. (i)(j) 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 Neighborhood has the same meaning as set forth in Section 65589.5.(4) Nonconforming condition means a physical improvement on a property that does not conform with current zoning standards. (4)(5) 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)(6) 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)(7) 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)(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 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. 2. Section 65852.22 of the Government Code is amended to read:65852.22. (a) Notwithstanding Section 65852.2, a local agency may, by ordinance, provide for the creation of junior accessory dwelling units in single-family residential zones. The ordinance may require a permit to be obtained for the creation of a junior accessory dwelling unit, and shall do all of the following:(1) Limit the number of junior 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 junior accessory dwelling unit will be permitted. The owner may reside in either the remaining portion of the structure or the newly created junior 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 junior 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 junior accessory dwelling unit that conforms with this section.(4) Require a permitted junior 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 junior 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 junior accessory dwelling may include a second interior doorway for sound attenuation.(6) Require the permitted junior 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 junior accessory dwelling 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 junior 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 60 days of submission of an application for a 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 junior 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.(f) 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 junior 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 junior accessory dwelling unit.(g) If a local agency has not adopted a local ordinance pursuant to this section, that local agency shall apply the standards established in this section for the approval of a permit to construct a junior accessory dwelling unit. (g)(h) 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.SEC. 3. Section 17921.2 is added to the Health and Safety Code, to read:17921.2. The department shall create small home building standards to apply to accessory dwelling units, which shall be drafted to achieve the most cost-effective construction standards possible, similar or more cost effective than standards in the 2007 edition of the California Building Standards Code. These small building standards shall be submitted to the California Building Standards Commission for consideration on or before January 1, 2020.SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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.
Amended IN Assembly May 01, 2018 Amended IN Assembly April 12, 2018 Amended IN Assembly March 22, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 2890Introduced by Assembly Member Ting(Principal coauthor: Senator Skinner)February 16, 2018An act to amend Sections 65852.2 and 65852.22 of the Government Code, and to add Section 17921.2 to the Health and Safety Code, relating to land use.LEGISLATIVE COUNSEL'S DIGESTAB 2890, as amended, Ting. 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, requires the ordinance to designate areas within the local jurisdiction where accessory dwelling units may be permitted, zones and sets forth standards the ordinance is required to impose, including, among others, maximum unit size, parking, lot coverage, and height standards. Existing law prohibits the ordinance from establishing size requirements for accessory dwelling units that do not permit at least an efficiency unit to be constructed.The State Housing Law requires, with an exception for building standards adopted, amended or repealed by the State Fire Marshal, the Department of Housing and Community Development to propose the adoption, amendment, or repeal of building standards to the California Building Standards Commission, as specified, and adopt, amend, and repeal other rules and regulations for the protection of the public health, safety, and general welfare of the occupant and the public governing the erection, construction, enlargement, conversion, alteration, repair, moving, removal, demolition, occupancy, use, height, court, area, sanitation, ventilation and maintenance of all apartment houses and dwellings, and buildings and structures accessory thereto.This bill would instead authorize accessory dwelling units to be created in areas where a single-family or multifamily dwelling is authorized. The bill would authorize the ordinance adopted for the creation of accessory dwelling units to designate areas where accessory dwelling units are excluded for fire and life safety purposes based on clear findings supported by a preponderance of evidence. The bill would limit the types of standards that a local agency may impose on accessory dwelling units, including parking, height, size, and setback requirements, and would revise certain standards as specified. The bill would include among the standards a requirement that the accessory dwelling unit comply with small home building standards that the bill would require the Department of Housing and Community Development to create, as specified, and submit to the California Building Standards Commission by January 1, 2020. The bill would require a local agency that has not adopted an ordinance for accessory dwelling units to consider the permit ministerially without discretionary review or a hearing, and would deem an application approved if the local agency does not act on the submitted application within 60 days. The bill would require a local agency, regardless of whether it has adopted an ordinance, to ministerially approve an application for a building permit to create one or more accessory dwelling units in specified circumstances.Existing law authorizes a local agency, special district, or water corporation to require a new or separate utility connection between the accessory dwelling unit and the utility and authorizes fees to be charged.This bill would specify that an accessory dwelling unit is not subject to impact fees, connection fees, capacity charges, or any other fees or charges levied by a local agency, school district, special district, or water corporation. The bill would also specify that an accessory dwelling unit or a junior accessory dwelling unit on a single-family lot shall be valued for property tax purposes based exclusively on the value of the ministerial permit. This bill would prohibit the imposition of lot coverage standards or requirements on minimum lot size, lot coverage, or floor area ratio, and would prohibit an ordinance from establishing size requirements for accessory dwelling units that do not permit at least an 800 square foot unit to be constructed.Existing law requires a local agency that has adopted an ordinance for the creation of accessory dwelling units to consider a permit application within 120 days of receiving the application, and requires a local agency that has not adopted an ordinance to ministerially approve a permit application for the creation of an accessory dwelling unit within 120 days of receiving the application. Existing law also authorizes a local agency ordinance to require a permit applicant for an accessory dwelling unit to be an owner-occupant.This bill would instead require a local agency that has or has not adopted an ordinance to consider a permit application for the creation of an accessory dwelling unit within 60 days. The bill would provide that, if a local agency imposes an owner-occupancy restriction, the frequency of monitoring owner occupancy shall not be monitored more frequently than annually, shall be based on specified published documents, and would further define owner-occupant for purposes of that requirement.Existing law requires a local agency to ministerially approve a permit application to create one accessory dwelling unit per single-family lot, subject to specified conditions and requirements.This bill would provide for the ministerial approval of one or more accessory dwelling units on single-family and multifamily lots, subject to specified conditions and requirements.Existing law requires a local agency to submit an ordinance adopted for the creation of accessory dwelling units to the department and authorizes the department to review and comment on the ordinance.This bill would authorize the department to submit written findings as to whether the ordinance complies with state law and to notify the Attorney General if the ordinance is in violation of state law. The bill would authorize the department to adopt guidelines to implement uniform standards or criteria to supplement or clarify the terms, references, and standards set forth in statute and would exempt the adoption of the guidelines from the Administrative Procedure Act. The bill would also revise applicable definitions and make other conforming changes.Existing law authorizes a local agency to provide by ordinance for the creation of junior accessory dwelling units in single-family residential zones. zones and requires a local agency to consider an application for a junior accessory dwelling unit ministerially and to issue the permit within 120 days of submission of the application.This bill would revise these provisions to among other things, require ministerial review of a permit and issuance at the permit within 60 days of application. require the permit to be approved within 60 days of application and would require a local agency that has not adopted an ordinance for the creation of junior accessory dwelling units to apply the same standards established by this bill for local agencies with ordinances.The State Housing Law requires the Department of Housing and Community Development to propose building standards to the California Building Standards Commission, and to adopt, amend, or repeal rules and regulations governing apartment houses and dwellings, as specified.This bill would require the department to create and submit small building standards to the California Building Standards Commission by January 1, 2020.By increasing the duties of local agencies with respect to land use regulations, the 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES
Amended IN Assembly May 01, 2018 Amended IN Assembly April 12, 2018 Amended IN Assembly March 22, 2018
Amended IN Assembly May 01, 2018
Amended IN Assembly April 12, 2018
Amended IN Assembly March 22, 2018
CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION
Assembly Bill No. 2890
Introduced by Assembly Member Ting(Principal coauthor: Senator Skinner)February 16, 2018
Introduced by Assembly Member Ting(Principal coauthor: Senator Skinner)
February 16, 2018
An act to amend Sections 65852.2 and 65852.22 of the Government Code, and to add Section 17921.2 to the Health and Safety Code, relating to land use.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 2890, as amended, Ting. 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, requires the ordinance to designate areas within the local jurisdiction where accessory dwelling units may be permitted, zones and sets forth standards the ordinance is required to impose, including, among others, maximum unit size, parking, lot coverage, and height standards. Existing law prohibits the ordinance from establishing size requirements for accessory dwelling units that do not permit at least an efficiency unit to be constructed.The State Housing Law requires, with an exception for building standards adopted, amended or repealed by the State Fire Marshal, the Department of Housing and Community Development to propose the adoption, amendment, or repeal of building standards to the California Building Standards Commission, as specified, and adopt, amend, and repeal other rules and regulations for the protection of the public health, safety, and general welfare of the occupant and the public governing the erection, construction, enlargement, conversion, alteration, repair, moving, removal, demolition, occupancy, use, height, court, area, sanitation, ventilation and maintenance of all apartment houses and dwellings, and buildings and structures accessory thereto.This bill would instead authorize accessory dwelling units to be created in areas where a single-family or multifamily dwelling is authorized. The bill would authorize the ordinance adopted for the creation of accessory dwelling units to designate areas where accessory dwelling units are excluded for fire and life safety purposes based on clear findings supported by a preponderance of evidence. The bill would limit the types of standards that a local agency may impose on accessory dwelling units, including parking, height, size, and setback requirements, and would revise certain standards as specified. The bill would include among the standards a requirement that the accessory dwelling unit comply with small home building standards that the bill would require the Department of Housing and Community Development to create, as specified, and submit to the California Building Standards Commission by January 1, 2020. The bill would require a local agency that has not adopted an ordinance for accessory dwelling units to consider the permit ministerially without discretionary review or a hearing, and would deem an application approved if the local agency does not act on the submitted application within 60 days. The bill would require a local agency, regardless of whether it has adopted an ordinance, to ministerially approve an application for a building permit to create one or more accessory dwelling units in specified circumstances.Existing law authorizes a local agency, special district, or water corporation to require a new or separate utility connection between the accessory dwelling unit and the utility and authorizes fees to be charged.This bill would specify that an accessory dwelling unit is not subject to impact fees, connection fees, capacity charges, or any other fees or charges levied by a local agency, school district, special district, or water corporation. The bill would also specify that an accessory dwelling unit or a junior accessory dwelling unit on a single-family lot shall be valued for property tax purposes based exclusively on the value of the ministerial permit. This bill would prohibit the imposition of lot coverage standards or requirements on minimum lot size, lot coverage, or floor area ratio, and would prohibit an ordinance from establishing size requirements for accessory dwelling units that do not permit at least an 800 square foot unit to be constructed.Existing law requires a local agency that has adopted an ordinance for the creation of accessory dwelling units to consider a permit application within 120 days of receiving the application, and requires a local agency that has not adopted an ordinance to ministerially approve a permit application for the creation of an accessory dwelling unit within 120 days of receiving the application. Existing law also authorizes a local agency ordinance to require a permit applicant for an accessory dwelling unit to be an owner-occupant.This bill would instead require a local agency that has or has not adopted an ordinance to consider a permit application for the creation of an accessory dwelling unit within 60 days. The bill would provide that, if a local agency imposes an owner-occupancy restriction, the frequency of monitoring owner occupancy shall not be monitored more frequently than annually, shall be based on specified published documents, and would further define owner-occupant for purposes of that requirement.Existing law requires a local agency to ministerially approve a permit application to create one accessory dwelling unit per single-family lot, subject to specified conditions and requirements.This bill would provide for the ministerial approval of one or more accessory dwelling units on single-family and multifamily lots, subject to specified conditions and requirements.Existing law requires a local agency to submit an ordinance adopted for the creation of accessory dwelling units to the department and authorizes the department to review and comment on the ordinance.This bill would authorize the department to submit written findings as to whether the ordinance complies with state law and to notify the Attorney General if the ordinance is in violation of state law. The bill would authorize the department to adopt guidelines to implement uniform standards or criteria to supplement or clarify the terms, references, and standards set forth in statute and would exempt the adoption of the guidelines from the Administrative Procedure Act. The bill would also revise applicable definitions and make other conforming changes.Existing law authorizes a local agency to provide by ordinance for the creation of junior accessory dwelling units in single-family residential zones. zones and requires a local agency to consider an application for a junior accessory dwelling unit ministerially and to issue the permit within 120 days of submission of the application.This bill would revise these provisions to among other things, require ministerial review of a permit and issuance at the permit within 60 days of application. require the permit to be approved within 60 days of application and would require a local agency that has not adopted an ordinance for the creation of junior accessory dwelling units to apply the same standards established by this bill for local agencies with ordinances.The State Housing Law requires the Department of Housing and Community Development to propose building standards to the California Building Standards Commission, and to adopt, amend, or repeal rules and regulations governing apartment houses and dwellings, as specified.This bill would require the department to create and submit small building standards to the California Building Standards Commission by January 1, 2020.By increasing the duties of local agencies with respect to land use regulations, the 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 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, requires the ordinance to designate areas within the local jurisdiction where accessory dwelling units may be permitted, zones and sets forth standards the ordinance is required to impose, including, among others, maximum unit size, parking, lot coverage, and height standards. Existing law prohibits the ordinance from establishing size requirements for accessory dwelling units that do not permit at least an efficiency unit to be constructed.
The State Housing Law requires, with an exception for building standards adopted, amended or repealed by the State Fire Marshal, the Department of Housing and Community Development to propose the adoption, amendment, or repeal of building standards to the California Building Standards Commission, as specified, and adopt, amend, and repeal other rules and regulations for the protection of the public health, safety, and general welfare of the occupant and the public governing the erection, construction, enlargement, conversion, alteration, repair, moving, removal, demolition, occupancy, use, height, court, area, sanitation, ventilation and maintenance of all apartment houses and dwellings, and buildings and structures accessory thereto.
This bill would instead authorize accessory dwelling units to be created in areas where a single-family or multifamily dwelling is authorized. The bill would authorize the ordinance adopted for the creation of accessory dwelling units to designate areas where accessory dwelling units are excluded for fire and life safety purposes based on clear findings supported by a preponderance of evidence. The bill would limit the types of standards that a local agency may impose on accessory dwelling units, including parking, height, size, and setback requirements, and would revise certain standards as specified. The bill would include among the standards a requirement that the accessory dwelling unit comply with small home building standards that the bill would require the Department of Housing and Community Development to create, as specified, and submit to the California Building Standards Commission by January 1, 2020. The bill would require a local agency that has not adopted an ordinance for accessory dwelling units to consider the permit ministerially without discretionary review or a hearing, and would deem an application approved if the local agency does not act on the submitted application within 60 days. The bill would require a local agency, regardless of whether it has adopted an ordinance, to ministerially approve an application for a building permit to create one or more accessory dwelling units in specified circumstances.
Existing law authorizes a local agency, special district, or water corporation to require a new or separate utility connection between the accessory dwelling unit and the utility and authorizes fees to be charged.
This bill would specify that an accessory dwelling unit is not subject to impact fees, connection fees, capacity charges, or any other fees or charges levied by a local agency, school district, special district, or water corporation. The bill would also specify that an accessory dwelling unit or a junior accessory dwelling unit on a single-family lot shall be valued for property tax purposes based exclusively on the value of the ministerial permit.
This bill would prohibit the imposition of lot coverage standards or requirements on minimum lot size, lot coverage, or floor area ratio, and would prohibit an ordinance from establishing size requirements for accessory dwelling units that do not permit at least an 800 square foot unit to be constructed.
Existing law requires a local agency that has adopted an ordinance for the creation of accessory dwelling units to consider a permit application within 120 days of receiving the application, and requires a local agency that has not adopted an ordinance to ministerially approve a permit application for the creation of an accessory dwelling unit within 120 days of receiving the application. Existing law also authorizes a local agency ordinance to require a permit applicant for an accessory dwelling unit to be an owner-occupant.
This bill would instead require a local agency that has or has not adopted an ordinance to consider a permit application for the creation of an accessory dwelling unit within 60 days. The bill would provide that, if a local agency imposes an owner-occupancy restriction, the frequency of monitoring owner occupancy shall not be monitored more frequently than annually, shall be based on specified published documents, and would further define owner-occupant for purposes of that requirement.
Existing law requires a local agency to ministerially approve a permit application to create one accessory dwelling unit per single-family lot, subject to specified conditions and requirements.
This bill would provide for the ministerial approval of one or more accessory dwelling units on single-family and multifamily lots, subject to specified conditions and requirements.
Existing law requires a local agency to submit an ordinance adopted for the creation of accessory dwelling units to the department and authorizes the department to review and comment on the ordinance.
This bill would authorize the department to submit written findings as to whether the ordinance complies with state law and to notify the Attorney General if the ordinance is in violation of state law. The bill would authorize the department to adopt guidelines to implement uniform standards or criteria to supplement or clarify the terms, references, and standards set forth in statute and would exempt the adoption of the guidelines from the Administrative Procedure Act. The bill would also revise applicable definitions and make other conforming changes.
Existing law authorizes a local agency to provide by ordinance for the creation of junior accessory dwelling units in single-family residential zones. zones and requires a local agency to consider an application for a junior accessory dwelling unit ministerially and to issue the permit within 120 days of submission of the application.
This bill would revise these provisions to among other things, require ministerial review of a permit and issuance at the permit within 60 days of application. require the permit to be approved within 60 days of application and would require a local agency that has not adopted an ordinance for the creation of junior accessory dwelling units to apply the same standards established by this bill for local agencies with ordinances.
The State Housing Law requires the Department of Housing and Community Development to propose building standards to the California Building Standards Commission, and to adopt, amend, or repeal rules and regulations governing apartment houses and dwellings, as specified.
This bill would require the department to create and submit small building standards to the California Building Standards Commission by January 1, 2020.
By increasing the duties of local agencies with respect to land use regulations, the 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.
## Digest Key
## Bill Text
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)A local agency may, by ordinance, provide for the creation of accessory dwelling units in areas where a single-family or multifamily dwelling is authorized. The ordinance shall do all of the following:(1)Impose not more than the following standards on accessory dwelling units:(A)(i)Subject to subdivision (m), require parking if an accessory dwelling unit is proposed on a lot. However, this parking requirement may be reduced or eliminated at the discretion of the local agency.(ii)Subject to clause (iii), authorize required parking spaces to be provided as tandem parking, other nonconforming parking configurations, within a driveway, or within setback locations determined by the local agency, without a requirement that any parking space be covered or within a structure.(iii)The authorization of clause (ii) may be limited by specific findings by the local agency that tandem parking or other nonconforming parking configurations, or parking in setback locations is not feasible based upon specific site or regional topographical or fire and life safety conditions.(B)Limit the height of an accessory dwelling unit only if the accessory dwelling unit is greater than 16 feet.(iii)(C)Require a front yard setback, landscape, and an architectural review of the accessory dwelling unit.(D)Limits on accessory dwelling units greater than 800 square feet that are either attached to the rear of an existing or proposed primary dwelling structure or located in the rear yard of that dwelling structure.(E)Standards that prevent adverse impacts on any real property that is listed in the California Register of Historic Places.(F)Prohibit the accessory dwelling unit from being sold or otherwise conveyed separately from the primary dwelling structure, except that the accessory dwelling unit may be rented separately from the primary dwelling structure.(G)Require the lot where an accessory dwelling unit is located to have a proposed or existing single-family or multifamily primary dwelling structure.(H)Require the accessory dwelling unit to be attached to or located within the living area of the proposed or existing primary single-family or multifamily dwelling structure, attached to or located within a proposed or existing accessory structure for the primary dwelling structure, or detached from the proposed or existing primary dwelling structure, and located on the same lot as the proposed or existing primary dwelling structure.(I)(i)Limit the total area of floorspace of an attached accessory dwelling unit and, if also on the same lot, a junior accessory dwelling unit, as defined in Section 65852.22, to not exceed 50 percent of the proposed or existing living area of the primary dwelling structure or 1,200 square feet, whichever is greater.(ii)Limit the total area of floor space of a detached accessory dwelling unit to not exceed 1,200 square feet.(J)Require an accessory dwelling unit to comply with the building standards described in Section 17921.2 of the Health and Safety Code or, if the accessory dwelling unit is factory-built housing approved by the department, comply with the building standards approved by the department and published in the California Building Standards Code.(2)Provide that an accessory dwelling unit does 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 for the lot.(3)Provide that an accessory dwelling unit shall not be considered to exceed the total allowable floor area or allowable floor-to-area ratio for the lot upon which the accessory dwelling unit is located.(4)Provide that minimum lot size, total floor area, floor area ratio, and lot coverage standards shall not be applied to an accessory dwelling unit in an existing structure or a new construction, single story rear yard accessory dwelling unit, unless the unit exceeds a height of 16 feet or exceeds five-feet side and rear yard setbacks.(5)Provide that no passageway shall be required in conjunction with the construction of an accessory dwelling unit.(6)Provide that no setback shall be required for an existing living area or accessory structure 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 or attached to a garage or that is constructed in a rear or side yard area.(7)Provide that an accessory dwelling unit that conforms to the ordinance shall be deemed to be an accessory use or an accessory building shall be deemed to be a residential use that is consistent with the existing general plan and zoning designations for the lot, and shall not be considered to be a change of use for any purpose or exceed the allowable density for the lot upon which it is located.(b)The ordinance adopted pursuant to subdivision (a) may do any of the following:(1)Designate areas within the jurisdiction of the local agency where accessory dwelling units may be excluded for fire and life safety purposes, based on clear findings that are supported by a preponderance of evidence. The designation of these areas shall be based on criteria that include the adequacy of water and sewer services and other fire and life safety issues.(2)Require an applicant for a permit issued pursuant to subdivision (a) on a lot with a proposed or existing single-family dwelling to be an owner-occupant. For purposes of this requirement, an owner-occupant shall include any of the following:(A)An owner of the lot who occupies either the primary dwelling or the accessory dwelling unit.(B)A trust in which ownership of the lot is placed if at least one beneficiary of the trust is a person with a disability and that person occupies the primary dwelling or the accessory dwelling unit.(C)An organization that owns the lot in order to provide long-term, deed-restricted affordable housing that is subject to a regulatory agreement with a local agency.(3)Require any rental of the property to be for a term longer than 30 days and be subject to additional short-term rental standards.(4)Require approval by the local health officer where a private sewage system is being used.(c)The ordinance and an accessory dwelling unit that conforms to the ordinance shall not be considered in the application of any local ordinance, policy, or program to limit residential growth.(d)A permit application for an accessory dwelling unit submitted pursuant to the ordinance adopted pursuant to subdivision (a) 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 60 days after receiving the application. If the local agency does not act on the submitted application within 60 days, the application shall be deemed approved. 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 200102 Regular Session of the Legislature, including the costs of adopting or amending any ordinance that provides for the creation of an accessory dwelling unit.(e)An existing ordinance governing an accessory dwelling unit adopted by a local agency 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 subdivision (a). If a local agency has an existing accessory dwelling unit ordinance that fails to meet the requirements of that subdivision, that ordinance shall be null and void and that agency shall thereafter apply the standards established in subdivision (a) for the approval of accessory dwelling units, unless and until the agency adopts an ordinance that complies with this section.(f)No other local ordinance, policy, or regulation shall be the basis for the denial of a building permit or a use permit under the ordinance adopted pursuant to subdivision (a).(g)This section establishes the maximum standards that local agencies shall use to evaluate a proposed accessory dwelling unit where a residential dwelling is authorized. No additional standards, other than those provided in this section, shall be utilized or imposed.(h)If an ordinance imposes an owner occupancy restriction, this restriction shall not be monitored more frequently than annually based on published public documents that evidence residency, including, but not limited to, a drivers license, school registration, or a voter registration document.(i)An accessory dwelling unit on a single-family lot shall, when assessed as new construction, be valued exclusively on the basis of the building permit value of the accessory dwelling unit ministerial permit, and shall not trigger a reassessment of the value of the underlying land or other structures on the property.(j)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 section.(k)When a local agency that has not adopted an ordinance pursuant to 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 60 days after receiving the application. If the local agency does not act upon the submitted application within 60 days, it shall be deemed approved.(l)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 800 square foot unit to be constructed in compliance with local development standards. The installation of fire sprinklers shall not be required in an accessory dwelling unit if they are not required for the primary residence.(m)A local agency, whether or not it has adopted an ordinance pursuant to subdivision (a), shall not impose parking standards for one or two accessory dwelling units on a single-family dwelling lot 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 single-family dwelling 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.(n)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, a local agency shall not require that those offstreet parking spaces be replaced.(o)(1)Notwithstanding subdivisions (a) to (l), inclusive, a local agency shall ministerially approve an application for a building permit to create any of the following:(A)One accessory dwelling unit and one junior accessory dwelling unit per lot with a single-family dwelling if all of the following apply:(i)The accessory dwelling unit or junior accessory dwelling unit is within the existing space of a single-family dwelling or accessory structure, including, but not limited to, reconstruction of an existing space with the same physical dimensions as the existing accessory structure.(ii)The space has exterior access from the existing single-family dwelling.(iii)The side and rear setbacks are sufficient for fire and life safety.(B)One detached new construction single story accessory dwelling of not more than 800 square feet and that does not exceed four-feet side and rear yard setbacks.(C)Multiple accessory dwelling units within the portions of existing multifamily dwelling structures that are not used as a livable space, including, but not limited to, a storage room, boiler room, passageway, attic, or garage.(D)No more than two accessory dwelling units that are located on a lot that has an existing multifamily dwelling, but are detached from that multifamily dwelling and are subject to a height limit of 16 feet and four-foot rear yard and side setbacks.(2)The installation of fire sprinklers shall not be required in an accessory dwelling unit authorized by ministerial permit pursuant to this subdivision if they are not required for the primary residence, and the local agency shall not require existing zoning nonconforming improvements to be corrected as a condition of granting the ministerial permit.(3)A local agency may require owner occupancy for either the primary dwelling or the accessory dwelling unit on a single-family lot created pursuant to this subdivision.(p)A local agency shall not implement standards for minimum lot size, lot coverage, or floor area ratio requirements for accessory dwelling units and shall allow for the construction of an accessory dwelling unit that complies with this section on any lot that allows for construction of a single-family or multifamily dwelling structure, unless specific findings are made based on a preponderance of evidence by a local agency that the construction of the accessory dwelling unit would adversely impact fire and life safety.(q)An accessory dwelling unit shall not be considered by a local agency, school district, special district, or water corporation to be a new residential use for the purposes of calculating fees.(r)An accessory dwelling unit permitted pursuant to this section shall not be subject to impact fees, connection fees, capacity charges, or any other fees or charges levied by a local agency, school district, special district, or water corporation.(s)This section does not limit the authority of local agencies to adopt less restrictive requirements for the creation of an accessory dwelling unit.(t)A local agency 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. After adoption of an ordinance, the department may submit written findings to the local agency as to whether the ordinance complies with this section. If the department finds that the local agencys ordinance does not comply with this section, the department shall notify the local agency and may notify the Attorney General that the local agency is in violation of state law. The local agency shall consider findings made by the department and may change the ordinance to comply with section or adopt the ordinance without changes. The legislative body of the local agency shall include findings in its resolution that explain the reason the legislative body believes the ordinance complies with this section despite the findings of the department.(u)The department may review, adopt, amend, or repeal guidelines to implement uniform standards or criteria that supplement or clarify the terms, references, and standards set forth in this section. The guidelines adopted pursuant to this subdivision are not subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2.(v)As used in this section, the following terms have the following meanings:(1)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.(2)Accessory structure means a detached structure from a single-family or multifamily dwelling structure and includes a detached garage, pool house, studio, and other similar structures, but does not include an accessory dwelling unit or junior accessory dwelling unit.(3)Department means the Department of Housing and Community Development.(4)Factory-built housing has the same meaning as in Section 19971 of the Health and Safety Code.(5)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.(6)Local agency means a city, county, or city and county, whether general law or chartered.(7)Neighborhood has the same meaning as set forth in Section 65589.5.(8)Passageway means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit.(9)Public transit means buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.(10)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.(w)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.(x)The amendments made to this section by the act adding this subdivision shall not be construed to apply to a permit application for an accessory dwelling unit submitted prior to January 1, 2019, which shall be subject to the requirements of this section as it read prior to that date.SEC. 2.Section 65852.22 of the Government Code is amended to read:65852.22.(a)Notwithstanding Section 65852.2, a local agency may, by ordinance, provide for the creation of junior accessory dwelling units in single-family residential zones. The ordinance may require a permit to be obtained for the creation of a junior accessory dwelling unit, and shall do all of the following:(1)Limit the number of junior accessory dwelling units to one per residential lot zoned for single-family dwellings with a single-family dwelling already built on the lot.(2)Require owner-occupancy in the single-family dwelling in which the junior accessory dwelling unit will be permitted. The owner may reside in either the remaining portion of the structure or the newly created junior 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 junior 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 junior accessory dwelling unit that conforms with this section.(4)Require a permitted junior 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 junior 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 junior accessory dwelling may include a second interior doorway for sound attenuation.(6)Require the permitted junior 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 junior accessory dwelling 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 junior 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 60 days of submission of an application for a 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 junior 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 dwelling that contains a junior accessory dwelling unit so long as the ordinance or regulation applies uniformly to all single-family dwellings within the zone regardless of whether the single-family residence includes a junior accessory dwelling unit.(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.(f)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 junior 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 junior accessory dwelling unit.(g)If a local agency has not adopted a local ordinance pursuant to this section, that local agency shall apply the standards established in this section for the approval if a permit to construct a junior accessory dwelling unit, unless and until the local agency adopts an ordinance that complies with this section.(h)A junior accessory dwelling unit shall, when assessed as new construction, be valued exclusively on the basis of the building permit value of the accessory dwelling unit ministerial permit, and shall not trigger a reassessment of the value of the underlying land or other structures on the property.(i)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.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 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 adverse impacts on any real property that is listed in the California Register of Historic Places. These standards shall not include requirements on minimum lot size, lot coverage, or floor area ratio.(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 but 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 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 60 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 200102 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. If an ordinance imposes an owner-occupancy restriction, this restriction shall not be monitored more frequently than annually based on published public documents that evidence residency, including, but not limited to, a drivers license, school registration, or a voter registration document. For purposes of this requirement, an owner-occupant shall include any of the following:(A) An owner of the lot who occupies either the primary dwelling or the accessory dwelling unit.(B) A trust in which ownership of the lot is placed if at least one beneficiary of the trust is a person with a disability and that person occupies the primary dwelling or the accessory dwelling unit.(C) An organization that owns the lot in order to provide long-term, deed-restricted affordable housing that is subject to a regulatory agreement with a local agency.(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 60 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 800 square foot 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) (1) 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. any of the following:(A) One accessory dwelling unit and one junior accessory dwelling unit per lot with a single-family dwelling if all of the following apply:(i) The accessory dwelling unit or junior accessory dwelling unit is within the existing space of a single-family dwelling or accessory structure, including, but not limited to, reconstruction of an existing space with the same physical dimensions as the existing accessory structure.(ii) The space has exterior access from the existing single-family dwelling.(iii) The side and rear setbacks are sufficient for fire and safety.(B) One detached, new-construction, single-story accessory dwelling of not more than 800 square feet that does not exceed four-foot side and rear yard setbacks for a lot with a single-family dwelling.(C) Multiple accessory dwelling units within the portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, or garages, if each unit complies with state building standards for dwellings.(D) Not more than two accessory dwelling units that are located on a lot that has an existing multifamily dwelling, but are detached from that multifamily dwelling and are subject to a height limit of 16 feet and four-foot rear yard and side setbacks.(2) A local agency shall not require, as a condition for ministerial approval, the correction of nonconforming conditions.(3) The installation of fire sprinklers shall not be required in an accessory dwelling unit if sprinklers are not required for the primary residence.(4) A local agency may require owner occupancy for either the primary dwelling or the accessory dwelling unit on a single-family lot.(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 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. After adoption of an ordinance, the department may submit written findings to the local agency as to whether the ordinance complies with this section. If the department finds that the local agencys ordinance does not comply with this section, the department shall notify the local agency and may notify the Attorney General that the local agency is in violation of state law. The local agency shall consider findings made by the department and may change the ordinance to comply with this section or adopt the ordinance without changes. The legislative body of the local agency shall include findings in its resolution that explain the reason the legislative body believes the ordinance complies with this section despite the findings of the department.(i) The department may review, adopt, amend, or repeal guidelines to implement uniform standards or criteria that supplement or clarify the terms, references, and standards set forth in this section. (i)(j) 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 Neighborhood has the same meaning as set forth in Section 65589.5.(4) Nonconforming condition means a physical improvement on a property that does not conform with current zoning standards. (4)(5) 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)(6) 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)(7) 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)(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 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. 2. Section 65852.22 of the Government Code is amended to read:65852.22. (a) Notwithstanding Section 65852.2, a local agency may, by ordinance, provide for the creation of junior accessory dwelling units in single-family residential zones. The ordinance may require a permit to be obtained for the creation of a junior accessory dwelling unit, and shall do all of the following:(1) Limit the number of junior 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 junior accessory dwelling unit will be permitted. The owner may reside in either the remaining portion of the structure or the newly created junior 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 junior 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 junior accessory dwelling unit that conforms with this section.(4) Require a permitted junior 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 junior 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 junior accessory dwelling may include a second interior doorway for sound attenuation.(6) Require the permitted junior 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 junior accessory dwelling 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 junior 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 60 days of submission of an application for a 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 junior 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.(f) 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 junior 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 junior accessory dwelling unit.(g) If a local agency has not adopted a local ordinance pursuant to this section, that local agency shall apply the standards established in this section for the approval of a permit to construct a junior accessory dwelling unit. (g)(h) 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.SEC. 3. Section 17921.2 is added to the Health and Safety Code, to read:17921.2. The department shall create small home building standards to apply to accessory dwelling units, which shall be drafted to achieve the most cost-effective construction standards possible, similar or more cost effective than standards in the 2007 edition of the California Building Standards Code. These small building standards shall be submitted to the California Building Standards Commission for consideration on or before January 1, 2020.SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
(a)A local agency may, by ordinance, provide for the creation of accessory dwelling units in areas where a single-family or multifamily dwelling is authorized. The ordinance shall do all of the following:
(1)Impose not more than the following standards on accessory dwelling units:
(A)(i)Subject to subdivision (m), require parking if an accessory dwelling unit is proposed on a lot. However, this parking requirement may be reduced or eliminated at the discretion of the local agency.
(ii)Subject to clause (iii), authorize required parking spaces to be provided as tandem parking, other nonconforming parking configurations, within a driveway, or within setback locations determined by the local agency, without a requirement that any parking space be covered or within a structure.
(iii)The authorization of clause (ii) may be limited by specific findings by the local agency that tandem parking or other nonconforming parking configurations, or parking in setback locations is not feasible based upon specific site or regional topographical or fire and life safety conditions.
(B)Limit the height of an accessory dwelling unit only if the accessory dwelling unit is greater than 16 feet.
(iii)
(C)Require a front yard setback, landscape, and an architectural review of the accessory dwelling unit.
(D)Limits on accessory dwelling units greater than 800 square feet that are either attached to the rear of an existing or proposed primary dwelling structure or located in the rear yard of that dwelling structure.
(E)Standards that prevent adverse impacts on any real property that is listed in the California Register of Historic Places.
(F)Prohibit the accessory dwelling unit from being sold or otherwise conveyed separately from the primary dwelling structure, except that the accessory dwelling unit may be rented separately from the primary dwelling structure.
(G)Require the lot where an accessory dwelling unit is located to have a proposed or existing single-family or multifamily primary dwelling structure.
(H)Require the accessory dwelling unit to be attached to or located within the living area of the proposed or existing primary single-family or multifamily dwelling structure, attached to or located within a proposed or existing accessory structure for the primary dwelling structure, or detached from the proposed or existing primary dwelling structure, and located on the same lot as the proposed or existing primary dwelling structure.
(I)(i)Limit the total area of floorspace of an attached accessory dwelling unit and, if also on the same lot, a junior accessory dwelling unit, as defined in Section 65852.22, to not exceed 50 percent of the proposed or existing living area of the primary dwelling structure or 1,200 square feet, whichever is greater.
(ii)Limit the total area of floor space of a detached accessory dwelling unit to not exceed 1,200 square feet.
(J)Require an accessory dwelling unit to comply with the building standards described in Section 17921.2 of the Health and Safety Code or, if the accessory dwelling unit is factory-built housing approved by the department, comply with the building standards approved by the department and published in the California Building Standards Code.
(2)Provide that an accessory dwelling unit does 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 for the lot.
(3)Provide that an accessory dwelling unit shall not be considered to exceed the total allowable floor area or allowable floor-to-area ratio for the lot upon which the accessory dwelling unit is located.
(4)Provide that minimum lot size, total floor area, floor area ratio, and lot coverage standards shall not be applied to an accessory dwelling unit in an existing structure or a new construction, single story rear yard accessory dwelling unit, unless the unit exceeds a height of 16 feet or exceeds five-feet side and rear yard setbacks.
(5)Provide that no passageway shall be required in conjunction with the construction of an accessory dwelling unit.
(6)Provide that no setback shall be required for an existing living area or accessory structure 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 or attached to a garage or that is constructed in a rear or side yard area.
(7)Provide that an accessory dwelling unit that conforms to the ordinance shall be deemed to be an accessory use or an accessory building shall be deemed to be a residential use that is consistent with the existing general plan and zoning designations for the lot, and shall not be considered to be a change of use for any purpose or exceed the allowable density for the lot upon which it is located.
(b)The ordinance adopted pursuant to subdivision (a) may do any of the following:
(1)Designate areas within the jurisdiction of the local agency where accessory dwelling units may be excluded for fire and life safety purposes, based on clear findings that are supported by a preponderance of evidence. The designation of these areas shall be based on criteria that include the adequacy of water and sewer services and other fire and life safety issues.
(2)Require an applicant for a permit issued pursuant to subdivision (a) on a lot with a proposed or existing single-family dwelling to be an owner-occupant. For purposes of this requirement, an owner-occupant shall include any of the following:
(A)An owner of the lot who occupies either the primary dwelling or the accessory dwelling unit.
(B)A trust in which ownership of the lot is placed if at least one beneficiary of the trust is a person with a disability and that person occupies the primary dwelling or the accessory dwelling unit.
(C)An organization that owns the lot in order to provide long-term, deed-restricted affordable housing that is subject to a regulatory agreement with a local agency.
(3)Require any rental of the property to be for a term longer than 30 days and be subject to additional short-term rental standards.
(4)Require approval by the local health officer where a private sewage system is being used.
(c)The ordinance and an accessory dwelling unit that conforms to the ordinance shall not be considered in the application of any local ordinance, policy, or program to limit residential growth.
(d)A permit application for an accessory dwelling unit submitted pursuant to the ordinance adopted pursuant to subdivision (a) 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 60 days after receiving the application. If the local agency does not act on the submitted application within 60 days, the application shall be deemed approved. 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 200102 Regular Session of the Legislature, including the costs of adopting or amending any ordinance that provides for the creation of an accessory dwelling unit.
(e)An existing ordinance governing an accessory dwelling unit adopted by a local agency 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 subdivision (a). If a local agency has an existing accessory dwelling unit ordinance that fails to meet the requirements of that subdivision, that ordinance shall be null and void and that agency shall thereafter apply the standards established in subdivision (a) for the approval of accessory dwelling units, unless and until the agency adopts an ordinance that complies with this section.
(f)No other local ordinance, policy, or regulation shall be the basis for the denial of a building permit or a use permit under the ordinance adopted pursuant to subdivision (a).
(g)This section establishes the maximum standards that local agencies shall use to evaluate a proposed accessory dwelling unit where a residential dwelling is authorized. No additional standards, other than those provided in this section, shall be utilized or imposed.
(h)If an ordinance imposes an owner occupancy restriction, this restriction shall not be monitored more frequently than annually based on published public documents that evidence residency, including, but not limited to, a drivers license, school registration, or a voter registration document.
(i)An accessory dwelling unit on a single-family lot shall, when assessed as new construction, be valued exclusively on the basis of the building permit value of the accessory dwelling unit ministerial permit, and shall not trigger a reassessment of the value of the underlying land or other structures on the property.
(j)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 section.
(k)When a local agency that has not adopted an ordinance pursuant to 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 60 days after receiving the application. If the local agency does not act upon the submitted application within 60 days, it shall be deemed approved.
(l)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 800 square foot unit to be constructed in compliance with local development standards. The installation of fire sprinklers shall not be required in an accessory dwelling unit if they are not required for the primary residence.
(m)A local agency, whether or not it has adopted an ordinance pursuant to subdivision (a), shall not impose parking standards for one or two accessory dwelling units on a single-family dwelling lot 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 single-family dwelling 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.
(n)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, a local agency shall not require that those offstreet parking spaces be replaced.
(o)(1)Notwithstanding subdivisions (a) to (l), inclusive, a local agency shall ministerially approve an application for a building permit to create any of the following:
(A)One accessory dwelling unit and one junior accessory dwelling unit per lot with a single-family dwelling if all of the following apply:
(i)The accessory dwelling unit or junior accessory dwelling unit is within the existing space of a single-family dwelling or accessory structure, including, but not limited to, reconstruction of an existing space with the same physical dimensions as the existing accessory structure.
(ii)The space has exterior access from the existing single-family dwelling.
(iii)The side and rear setbacks are sufficient for fire and life safety.
(B)One detached new construction single story accessory dwelling of not more than 800 square feet and that does not exceed four-feet side and rear yard setbacks.
(C)Multiple accessory dwelling units within the portions of existing multifamily dwelling structures that are not used as a livable space, including, but not limited to, a storage room, boiler room, passageway, attic, or garage.
(D)No more than two accessory dwelling units that are located on a lot that has an existing multifamily dwelling, but are detached from that multifamily dwelling and are subject to a height limit of 16 feet and four-foot rear yard and side setbacks.
(2)The installation of fire sprinklers shall not be required in an accessory dwelling unit authorized by ministerial permit pursuant to this subdivision if they are not required for the primary residence, and the local agency shall not require existing zoning nonconforming improvements to be corrected as a condition of granting the ministerial permit.
(3)A local agency may require owner occupancy for either the primary dwelling or the accessory dwelling unit on a single-family lot created pursuant to this subdivision.
(p)A local agency shall not implement standards for minimum lot size, lot coverage, or floor area ratio requirements for accessory dwelling units and shall allow for the construction of an accessory dwelling unit that complies with this section on any lot that allows for construction of a single-family or multifamily dwelling structure, unless specific findings are made based on a preponderance of evidence by a local agency that the construction of the accessory dwelling unit would adversely impact fire and life safety.
(q)An accessory dwelling unit shall not be considered by a local agency, school district, special district, or water corporation to be a new residential use for the purposes of calculating fees.
(r)An accessory dwelling unit permitted pursuant to this section shall not be subject to impact fees, connection fees, capacity charges, or any other fees or charges levied by a local agency, school district, special district, or water corporation.
(s)This section does not limit the authority of local agencies to adopt less restrictive requirements for the creation of an accessory dwelling unit.
(t)A local agency 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. After adoption of an ordinance, the department may submit written findings to the local agency as to whether the ordinance complies with this section. If the department finds that the local agencys ordinance does not comply with this section, the department shall notify the local agency and may notify the Attorney General that the local agency is in violation of state law. The local agency shall consider findings made by the department and may change the ordinance to comply with section or adopt the ordinance without changes. The legislative body of the local agency shall include findings in its resolution that explain the reason the legislative body believes the ordinance complies with this section despite the findings of the department.
(u)The department may review, adopt, amend, or repeal guidelines to implement uniform standards or criteria that supplement or clarify the terms, references, and standards set forth in this section. The guidelines adopted pursuant to this subdivision are not subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2.
(v)As used in this section, the following terms have the following meanings:
(1)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.
(2)Accessory structure means a detached structure from a single-family or multifamily dwelling structure and includes a detached garage, pool house, studio, and other similar structures, but does not include an accessory dwelling unit or junior accessory dwelling unit.
(3)Department means the Department of Housing and Community Development.
(4)Factory-built housing has the same meaning as in Section 19971 of the Health and Safety Code.
(5)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.
(6)Local agency means a city, county, or city and county, whether general law or chartered.
(7)Neighborhood has the same meaning as set forth in Section 65589.5.
(8)Passageway means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit.
(9)Public transit means buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.
(10)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.
(w)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.
(x)The amendments made to this section by the act adding this subdivision shall not be construed to apply to a permit application for an accessory dwelling unit submitted prior to January 1, 2019, which shall be subject to the requirements of this section as it read prior to that date.
(a)Notwithstanding Section 65852.2, a local agency may, by ordinance, provide for the creation of junior accessory dwelling units in single-family residential zones. The ordinance may require a permit to be obtained for the creation of a junior accessory dwelling unit, and shall do all of the following:
(1)Limit the number of junior accessory dwelling units to one per residential lot zoned for single-family dwellings with a single-family dwelling already built on the lot.
(2)Require owner-occupancy in the single-family dwelling in which the junior accessory dwelling unit will be permitted. The owner may reside in either the remaining portion of the structure or the newly created junior 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 junior 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 junior accessory dwelling unit that conforms with this section.
(4)Require a permitted junior 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 junior 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 junior accessory dwelling may include a second interior doorway for sound attenuation.
(6)Require the permitted junior 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 junior accessory dwelling 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 junior 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 60 days of submission of an application for a 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 junior 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 dwelling that contains a junior accessory dwelling unit so long as the ordinance or regulation applies uniformly to all single-family dwellings within the zone regardless of whether the single-family residence includes a junior accessory dwelling unit.
(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.
(f)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 junior 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 junior accessory dwelling unit.
(g)If a local agency has not adopted a local ordinance pursuant to this section, that local agency shall apply the standards established in this section for the approval if a permit to construct a junior accessory dwelling unit, unless and until the local agency adopts an ordinance that complies with this section.
(h)A junior accessory dwelling unit shall, when assessed as new construction, be valued exclusively on the basis of the building permit value of the accessory dwelling unit ministerial permit, and shall not trigger a reassessment of the value of the underlying land or other structures on the property.
(i)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.
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 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 adverse impacts on any real property that is listed in the California Register of Historic Places. These standards shall not include requirements on minimum lot size, lot coverage, or floor area ratio.(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 but 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 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 60 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 200102 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. If an ordinance imposes an owner-occupancy restriction, this restriction shall not be monitored more frequently than annually based on published public documents that evidence residency, including, but not limited to, a drivers license, school registration, or a voter registration document. For purposes of this requirement, an owner-occupant shall include any of the following:(A) An owner of the lot who occupies either the primary dwelling or the accessory dwelling unit.(B) A trust in which ownership of the lot is placed if at least one beneficiary of the trust is a person with a disability and that person occupies the primary dwelling or the accessory dwelling unit.(C) An organization that owns the lot in order to provide long-term, deed-restricted affordable housing that is subject to a regulatory agreement with a local agency.(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 60 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 800 square foot 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) (1) 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. any of the following:(A) One accessory dwelling unit and one junior accessory dwelling unit per lot with a single-family dwelling if all of the following apply:(i) The accessory dwelling unit or junior accessory dwelling unit is within the existing space of a single-family dwelling or accessory structure, including, but not limited to, reconstruction of an existing space with the same physical dimensions as the existing accessory structure.(ii) The space has exterior access from the existing single-family dwelling.(iii) The side and rear setbacks are sufficient for fire and safety.(B) One detached, new-construction, single-story accessory dwelling of not more than 800 square feet that does not exceed four-foot side and rear yard setbacks for a lot with a single-family dwelling.(C) Multiple accessory dwelling units within the portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, or garages, if each unit complies with state building standards for dwellings.(D) Not more than two accessory dwelling units that are located on a lot that has an existing multifamily dwelling, but are detached from that multifamily dwelling and are subject to a height limit of 16 feet and four-foot rear yard and side setbacks.(2) A local agency shall not require, as a condition for ministerial approval, the correction of nonconforming conditions.(3) The installation of fire sprinklers shall not be required in an accessory dwelling unit if sprinklers are not required for the primary residence.(4) A local agency may require owner occupancy for either the primary dwelling or the accessory dwelling unit on a single-family lot.(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 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. After adoption of an ordinance, the department may submit written findings to the local agency as to whether the ordinance complies with this section. If the department finds that the local agencys ordinance does not comply with this section, the department shall notify the local agency and may notify the Attorney General that the local agency is in violation of state law. The local agency shall consider findings made by the department and may change the ordinance to comply with this section or adopt the ordinance without changes. The legislative body of the local agency shall include findings in its resolution that explain the reason the legislative body believes the ordinance complies with this section despite the findings of the department.(i) The department may review, adopt, amend, or repeal guidelines to implement uniform standards or criteria that supplement or clarify the terms, references, and standards set forth in this section. (i)(j) 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 Neighborhood has the same meaning as set forth in Section 65589.5.(4) Nonconforming condition means a physical improvement on a property that does not conform with current zoning standards. (4)(5) 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)(6) 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)(7) 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)(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 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.
SECTION 1. Section 65852.2 of the Government Code is amended to read:
### SECTION 1.
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 adverse impacts on any real property that is listed in the California Register of Historic Places. These standards shall not include requirements on minimum lot size, lot coverage, or floor area ratio.(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 but 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 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 60 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 200102 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. If an ordinance imposes an owner-occupancy restriction, this restriction shall not be monitored more frequently than annually based on published public documents that evidence residency, including, but not limited to, a drivers license, school registration, or a voter registration document. For purposes of this requirement, an owner-occupant shall include any of the following:(A) An owner of the lot who occupies either the primary dwelling or the accessory dwelling unit.(B) A trust in which ownership of the lot is placed if at least one beneficiary of the trust is a person with a disability and that person occupies the primary dwelling or the accessory dwelling unit.(C) An organization that owns the lot in order to provide long-term, deed-restricted affordable housing that is subject to a regulatory agreement with a local agency.(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 60 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 800 square foot 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) (1) 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. any of the following:(A) One accessory dwelling unit and one junior accessory dwelling unit per lot with a single-family dwelling if all of the following apply:(i) The accessory dwelling unit or junior accessory dwelling unit is within the existing space of a single-family dwelling or accessory structure, including, but not limited to, reconstruction of an existing space with the same physical dimensions as the existing accessory structure.(ii) The space has exterior access from the existing single-family dwelling.(iii) The side and rear setbacks are sufficient for fire and safety.(B) One detached, new-construction, single-story accessory dwelling of not more than 800 square feet that does not exceed four-foot side and rear yard setbacks for a lot with a single-family dwelling.(C) Multiple accessory dwelling units within the portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, or garages, if each unit complies with state building standards for dwellings.(D) Not more than two accessory dwelling units that are located on a lot that has an existing multifamily dwelling, but are detached from that multifamily dwelling and are subject to a height limit of 16 feet and four-foot rear yard and side setbacks.(2) A local agency shall not require, as a condition for ministerial approval, the correction of nonconforming conditions.(3) The installation of fire sprinklers shall not be required in an accessory dwelling unit if sprinklers are not required for the primary residence.(4) A local agency may require owner occupancy for either the primary dwelling or the accessory dwelling unit on a single-family lot.(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 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. After adoption of an ordinance, the department may submit written findings to the local agency as to whether the ordinance complies with this section. If the department finds that the local agencys ordinance does not comply with this section, the department shall notify the local agency and may notify the Attorney General that the local agency is in violation of state law. The local agency shall consider findings made by the department and may change the ordinance to comply with this section or adopt the ordinance without changes. The legislative body of the local agency shall include findings in its resolution that explain the reason the legislative body believes the ordinance complies with this section despite the findings of the department.(i) The department may review, adopt, amend, or repeal guidelines to implement uniform standards or criteria that supplement or clarify the terms, references, and standards set forth in this section. (i)(j) 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 Neighborhood has the same meaning as set forth in Section 65589.5.(4) Nonconforming condition means a physical improvement on a property that does not conform with current zoning standards. (4)(5) 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)(6) 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)(7) 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)(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 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.
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 adverse impacts on any real property that is listed in the California Register of Historic Places. These standards shall not include requirements on minimum lot size, lot coverage, or floor area ratio.(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 but 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 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 60 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 200102 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. If an ordinance imposes an owner-occupancy restriction, this restriction shall not be monitored more frequently than annually based on published public documents that evidence residency, including, but not limited to, a drivers license, school registration, or a voter registration document. For purposes of this requirement, an owner-occupant shall include any of the following:(A) An owner of the lot who occupies either the primary dwelling or the accessory dwelling unit.(B) A trust in which ownership of the lot is placed if at least one beneficiary of the trust is a person with a disability and that person occupies the primary dwelling or the accessory dwelling unit.(C) An organization that owns the lot in order to provide long-term, deed-restricted affordable housing that is subject to a regulatory agreement with a local agency.(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 60 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 800 square foot 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) (1) 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. any of the following:(A) One accessory dwelling unit and one junior accessory dwelling unit per lot with a single-family dwelling if all of the following apply:(i) The accessory dwelling unit or junior accessory dwelling unit is within the existing space of a single-family dwelling or accessory structure, including, but not limited to, reconstruction of an existing space with the same physical dimensions as the existing accessory structure.(ii) The space has exterior access from the existing single-family dwelling.(iii) The side and rear setbacks are sufficient for fire and safety.(B) One detached, new-construction, single-story accessory dwelling of not more than 800 square feet that does not exceed four-foot side and rear yard setbacks for a lot with a single-family dwelling.(C) Multiple accessory dwelling units within the portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, or garages, if each unit complies with state building standards for dwellings.(D) Not more than two accessory dwelling units that are located on a lot that has an existing multifamily dwelling, but are detached from that multifamily dwelling and are subject to a height limit of 16 feet and four-foot rear yard and side setbacks.(2) A local agency shall not require, as a condition for ministerial approval, the correction of nonconforming conditions.(3) The installation of fire sprinklers shall not be required in an accessory dwelling unit if sprinklers are not required for the primary residence.(4) A local agency may require owner occupancy for either the primary dwelling or the accessory dwelling unit on a single-family lot.(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 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. After adoption of an ordinance, the department may submit written findings to the local agency as to whether the ordinance complies with this section. If the department finds that the local agencys ordinance does not comply with this section, the department shall notify the local agency and may notify the Attorney General that the local agency is in violation of state law. The local agency shall consider findings made by the department and may change the ordinance to comply with this section or adopt the ordinance without changes. The legislative body of the local agency shall include findings in its resolution that explain the reason the legislative body believes the ordinance complies with this section despite the findings of the department.(i) The department may review, adopt, amend, or repeal guidelines to implement uniform standards or criteria that supplement or clarify the terms, references, and standards set forth in this section. (i)(j) 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 Neighborhood has the same meaning as set forth in Section 65589.5.(4) Nonconforming condition means a physical improvement on a property that does not conform with current zoning standards. (4)(5) 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)(6) 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)(7) 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)(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 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.
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 adverse impacts on any real property that is listed in the California Register of Historic Places. These standards shall not include requirements on minimum lot size, lot coverage, or floor area ratio.(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 but 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 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 60 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 200102 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. If an ordinance imposes an owner-occupancy restriction, this restriction shall not be monitored more frequently than annually based on published public documents that evidence residency, including, but not limited to, a drivers license, school registration, or a voter registration document. For purposes of this requirement, an owner-occupant shall include any of the following:(A) An owner of the lot who occupies either the primary dwelling or the accessory dwelling unit.(B) A trust in which ownership of the lot is placed if at least one beneficiary of the trust is a person with a disability and that person occupies the primary dwelling or the accessory dwelling unit.(C) An organization that owns the lot in order to provide long-term, deed-restricted affordable housing that is subject to a regulatory agreement with a local agency.(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 60 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 800 square foot 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) (1) 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. any of the following:(A) One accessory dwelling unit and one junior accessory dwelling unit per lot with a single-family dwelling if all of the following apply:(i) The accessory dwelling unit or junior accessory dwelling unit is within the existing space of a single-family dwelling or accessory structure, including, but not limited to, reconstruction of an existing space with the same physical dimensions as the existing accessory structure.(ii) The space has exterior access from the existing single-family dwelling.(iii) The side and rear setbacks are sufficient for fire and safety.(B) One detached, new-construction, single-story accessory dwelling of not more than 800 square feet that does not exceed four-foot side and rear yard setbacks for a lot with a single-family dwelling.(C) Multiple accessory dwelling units within the portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, or garages, if each unit complies with state building standards for dwellings.(D) Not more than two accessory dwelling units that are located on a lot that has an existing multifamily dwelling, but are detached from that multifamily dwelling and are subject to a height limit of 16 feet and four-foot rear yard and side setbacks.(2) A local agency shall not require, as a condition for ministerial approval, the correction of nonconforming conditions.(3) The installation of fire sprinklers shall not be required in an accessory dwelling unit if sprinklers are not required for the primary residence.(4) A local agency may require owner occupancy for either the primary dwelling or the accessory dwelling unit on a single-family lot.(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 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. After adoption of an ordinance, the department may submit written findings to the local agency as to whether the ordinance complies with this section. If the department finds that the local agencys ordinance does not comply with this section, the department shall notify the local agency and may notify the Attorney General that the local agency is in violation of state law. The local agency shall consider findings made by the department and may change the ordinance to comply with this section or adopt the ordinance without changes. The legislative body of the local agency shall include findings in its resolution that explain the reason the legislative body believes the ordinance complies with this section despite the findings of the department.(i) The department may review, adopt, amend, or repeal guidelines to implement uniform standards or criteria that supplement or clarify the terms, references, and standards set forth in this section. (i)(j) 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 Neighborhood has the same meaning as set forth in Section 65589.5.(4) Nonconforming condition means a physical improvement on a property that does not conform with current zoning standards. (4)(5) 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)(6) 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)(7) 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)(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 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.
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 adverse impacts on any real property that is listed in the California Register of Historic Places. These standards shall not include requirements on minimum lot size, lot coverage, or floor area ratio.
(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 but 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 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 60 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 200102 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. If an ordinance imposes an owner-occupancy restriction, this restriction shall not be monitored more frequently than annually based on published public documents that evidence residency, including, but not limited to, a drivers license, school registration, or a voter registration document. For purposes of this requirement, an owner-occupant shall include any of the following:
(A) An owner of the lot who occupies either the primary dwelling or the accessory dwelling unit.
(B) A trust in which ownership of the lot is placed if at least one beneficiary of the trust is a person with a disability and that person occupies the primary dwelling or the accessory dwelling unit.
(C) An organization that owns the lot in order to provide long-term, deed-restricted affordable housing that is subject to a regulatory agreement with a local agency.
(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 60 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 800 square foot 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) (1) 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. any of the following:
(A) One accessory dwelling unit and one junior accessory dwelling unit per lot with a single-family dwelling if all of the following apply:
(i) The accessory dwelling unit or junior accessory dwelling unit is within the existing space of a single-family dwelling or accessory structure, including, but not limited to, reconstruction of an existing space with the same physical dimensions as the existing accessory structure.
(ii) The space has exterior access from the existing single-family dwelling.
(iii) The side and rear setbacks are sufficient for fire and safety.
(B) One detached, new-construction, single-story accessory dwelling of not more than 800 square feet that does not exceed four-foot side and rear yard setbacks for a lot with a single-family dwelling.
(C) Multiple accessory dwelling units within the portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, or garages, if each unit complies with state building standards for dwellings.
(D) Not more than two accessory dwelling units that are located on a lot that has an existing multifamily dwelling, but are detached from that multifamily dwelling and are subject to a height limit of 16 feet and four-foot rear yard and side setbacks.
(2) A local agency shall not require, as a condition for ministerial approval, the correction of nonconforming conditions.
(3) The installation of fire sprinklers shall not be required in an accessory dwelling unit if sprinklers are not required for the primary residence.
(4) A local agency may require owner occupancy for either the primary dwelling or the accessory dwelling unit on a single-family lot.
(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 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. After adoption of an ordinance, the department may submit written findings to the local agency as to whether the ordinance complies with this section. If the department finds that the local agencys ordinance does not comply with this section, the department shall notify the local agency and may notify the Attorney General that the local agency is in violation of state law. The local agency shall consider findings made by the department and may change the ordinance to comply with this section or adopt the ordinance without changes. The legislative body of the local agency shall include findings in its resolution that explain the reason the legislative body believes the ordinance complies with this section despite the findings of the department.
(i) The department may review, adopt, amend, or repeal guidelines to implement uniform standards or criteria that supplement or clarify the terms, references, and standards set forth in this section.
(i)
(j) 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 Neighborhood has the same meaning as set forth in Section 65589.5.
(4) Nonconforming condition means a physical improvement on a property that does not conform with current zoning standards.
(4)
(5) 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)
(6) 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)
(7) 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)
(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 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. 2. Section 65852.22 of the Government Code is amended to read:65852.22. (a) Notwithstanding Section 65852.2, a local agency may, by ordinance, provide for the creation of junior accessory dwelling units in single-family residential zones. The ordinance may require a permit to be obtained for the creation of a junior accessory dwelling unit, and shall do all of the following:(1) Limit the number of junior 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 junior accessory dwelling unit will be permitted. The owner may reside in either the remaining portion of the structure or the newly created junior 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 junior 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 junior accessory dwelling unit that conforms with this section.(4) Require a permitted junior 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 junior 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 junior accessory dwelling may include a second interior doorway for sound attenuation.(6) Require the permitted junior 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 junior accessory dwelling 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 junior 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 60 days of submission of an application for a 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 junior 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.(f) 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 junior 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 junior accessory dwelling unit.(g) If a local agency has not adopted a local ordinance pursuant to this section, that local agency shall apply the standards established in this section for the approval of a permit to construct a junior accessory dwelling unit. (g)(h) 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.
SEC. 2. Section 65852.22 of the Government Code is amended to read:
### SEC. 2.
65852.22. (a) Notwithstanding Section 65852.2, a local agency may, by ordinance, provide for the creation of junior accessory dwelling units in single-family residential zones. The ordinance may require a permit to be obtained for the creation of a junior accessory dwelling unit, and shall do all of the following:(1) Limit the number of junior 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 junior accessory dwelling unit will be permitted. The owner may reside in either the remaining portion of the structure or the newly created junior 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 junior 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 junior accessory dwelling unit that conforms with this section.(4) Require a permitted junior 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 junior 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 junior accessory dwelling may include a second interior doorway for sound attenuation.(6) Require the permitted junior 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 junior accessory dwelling 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 junior 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 60 days of submission of an application for a 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 junior 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.(f) 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 junior 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 junior accessory dwelling unit.(g) If a local agency has not adopted a local ordinance pursuant to this section, that local agency shall apply the standards established in this section for the approval of a permit to construct a junior accessory dwelling unit. (g)(h) 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.
65852.22. (a) Notwithstanding Section 65852.2, a local agency may, by ordinance, provide for the creation of junior accessory dwelling units in single-family residential zones. The ordinance may require a permit to be obtained for the creation of a junior accessory dwelling unit, and shall do all of the following:(1) Limit the number of junior 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 junior accessory dwelling unit will be permitted. The owner may reside in either the remaining portion of the structure or the newly created junior 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 junior 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 junior accessory dwelling unit that conforms with this section.(4) Require a permitted junior 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 junior 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 junior accessory dwelling may include a second interior doorway for sound attenuation.(6) Require the permitted junior 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 junior accessory dwelling 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 junior 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 60 days of submission of an application for a 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 junior 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.(f) 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 junior 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 junior accessory dwelling unit.(g) If a local agency has not adopted a local ordinance pursuant to this section, that local agency shall apply the standards established in this section for the approval of a permit to construct a junior accessory dwelling unit. (g)(h) 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.
65852.22. (a) Notwithstanding Section 65852.2, a local agency may, by ordinance, provide for the creation of junior accessory dwelling units in single-family residential zones. The ordinance may require a permit to be obtained for the creation of a junior accessory dwelling unit, and shall do all of the following:(1) Limit the number of junior 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 junior accessory dwelling unit will be permitted. The owner may reside in either the remaining portion of the structure or the newly created junior 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 junior 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 junior accessory dwelling unit that conforms with this section.(4) Require a permitted junior 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 junior 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 junior accessory dwelling may include a second interior doorway for sound attenuation.(6) Require the permitted junior 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 junior accessory dwelling 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 junior 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 60 days of submission of an application for a 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 junior 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.(f) 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 junior 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 junior accessory dwelling unit.(g) If a local agency has not adopted a local ordinance pursuant to this section, that local agency shall apply the standards established in this section for the approval of a permit to construct a junior accessory dwelling unit. (g)(h) 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.
65852.22. (a) Notwithstanding Section 65852.2, a local agency may, by ordinance, provide for the creation of junior accessory dwelling units in single-family residential zones. The ordinance may require a permit to be obtained for the creation of a junior accessory dwelling unit, and shall do all of the following:
(1) Limit the number of junior 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 junior accessory dwelling unit will be permitted. The owner may reside in either the remaining portion of the structure or the newly created junior 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 junior 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 junior accessory dwelling unit that conforms with this section.
(4) Require a permitted junior 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 junior 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 junior accessory dwelling may include a second interior doorway for sound attenuation.
(6) Require the permitted junior 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 junior accessory dwelling 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 junior 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 60 days of submission of an application for a 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 junior 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.
(f) 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 junior 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 junior accessory dwelling unit.
(g) If a local agency has not adopted a local ordinance pursuant to this section, that local agency shall apply the standards established in this section for the approval of a permit to construct a junior accessory dwelling unit.
(g)
(h) 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.
SEC. 3. Section 17921.2 is added to the Health and Safety Code, to read:17921.2. The department shall create small home building standards to apply to accessory dwelling units, which shall be drafted to achieve the most cost-effective construction standards possible, similar or more cost effective than standards in the 2007 edition of the California Building Standards Code. These small building standards shall be submitted to the California Building Standards Commission for consideration on or before January 1, 2020.
SEC. 3. Section 17921.2 is added to the Health and Safety Code, to read:
### SEC. 3.
17921.2. The department shall create small home building standards to apply to accessory dwelling units, which shall be drafted to achieve the most cost-effective construction standards possible, similar or more cost effective than standards in the 2007 edition of the California Building Standards Code. These small building standards shall be submitted to the California Building Standards Commission for consideration on or before January 1, 2020.
17921.2. The department shall create small home building standards to apply to accessory dwelling units, which shall be drafted to achieve the most cost-effective construction standards possible, similar or more cost effective than standards in the 2007 edition of the California Building Standards Code. These small building standards shall be submitted to the California Building Standards Commission for consideration on or before January 1, 2020.
17921.2. The department shall create small home building standards to apply to accessory dwelling units, which shall be drafted to achieve the most cost-effective construction standards possible, similar or more cost effective than standards in the 2007 edition of the California Building Standards Code. These small building standards shall be submitted to the California Building Standards Commission for consideration on or before January 1, 2020.
17921.2. The department shall create small home building standards to apply to accessory dwelling units, which shall be drafted to achieve the most cost-effective construction standards possible, similar or more cost effective than standards in the 2007 edition of the California Building Standards Code. These small building standards shall be submitted to the California Building Standards Commission for consideration on or before January 1, 2020.
SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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.
SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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.
SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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.
### SEC. 4.