HomeMy WebLinkAbout2018-05-22 - AGENDA REPORTS - SENATE BILL 831 (2)Agenda Item: 4
CITY OF SANTA CLARITA
' AGENDA REPORT
CONSENT CALENDAR
t,
CITY MANAGER APPROVAL: �1
DATE: May 22, 2018
SUBJECT: STATE LEGISLATION: SENATE BILL 831
DEPARTMENT: City Manager's Office
PRESENTER: Masis Hagobian
RECOMMENDED ACTION
City Council adopt the Legislative Committee's recommendation to oppose Senate Bill 831 and
transmit position statements to Senator Bob Wieckowski, Santa Clarita's state legislative
delegation, appropriate legislative committees, Governor Brown, and the League of California
Cities.
BACKGROUND
Authored by Senator Bob Wieckowski (D -10 -Fremont), Senate Bill 831 preempts local land use
authority related to accessory dwelling units (ADU). Sponsored by the Bay Area Council, a bay
area business and public policy advocacy group, Senate Bill 831 is the third major bill in the last
three years to make significant changes to local ordinances related to ADU's. In addition to the
bill's impact on local land use, Senate Bill 831 eliminates the ability for a city, county, school
district, or water district to charge any fees related to the construction of an ADU.
For the purpose of this staff summary, an ADU is an attached or detached residential dwelling
unit which provides complete independent living facilities on the same parcel as a single-family
dwelling.
The initial State law on ADU's took effect on January 1, 2017. Prior to this law, ADU permits
were under the full discretion of local governments. The original intent of the ADU State law
was to implement standards and ensure uniformity throughout California on the issuance of
ADU's by local governments. The City of Santa Clarita (City) received and issued five ADU
permits in 2016. However, since the State ADU law took effect in January 2017, the City has
issued 28 ADU permits (21 in 2017 and 7 in 2018 to date).
Specifically, Senate Bill 831:
1. Prohibits a city, county, school district, special district, or water corporation from
O
Page 1
Packet Pg. 50
O
considering an ADU to be a new residential use for the purpose of calculating any fees
(impact fees, connection fees, capacity charges, etc.);
2. Prohibits a city from implementing standards for minimum lot size requirements for
ADU's and allows for the construction of an ADU on any lot that allows for construction
of a home;
3. Prohibits a city from requiring any new parking spaces after a garage or carport is
converted into an ADU. Existing law authorizes a city to require a new parking space
after a garage or carport has been converted into an ADU, if the residence exceeds a half
mile from any transit route. This provision of the bill would not have a major impact on
the City because most residential developments are within a half mile of a transit route;
4. Prohibits a city from requiring as a condition for issuance of a building permit for an
ADU, that the owner of the primary residence maintain occupancy of the home;
5. Requires a city to waive building code requirements, upon request of the home owner
applying for construction of an ADU, if the building code requirements are not necessary
to protect the health and safety of the residents living in the ADU. This would require the
City to waive current building code standards related to energy efficiency and water
conservancy, including: water conserving plumbing, dual pane windows, insulation, and
required recycling of construction waste;
6. Requires that a city application approval timeframe be reduced from 120 days to 60 days
and provides that if a local agency has not acted upon a submitted application within 60
days, the application is deemed approved. The City typically approves ADU applications
within the proposed 60 day timeframe; and
7. Prohibits a city from requiring any setback for an existing structure that is converted into
an ADU and reduces the City's minimum setback for a new ADU structure from five feet
to three feet.
Senate Bill 831 would preempt any local fees to be imposed on the construction and operation of
an ADU. This would include a Bridge and Thoroughfare fee, which the City currently imposes
on the construction of applicable new structures for an ADU and is estimated to cost between
$15,000 and $20,000, depending on the location of the property and the impact on traffic
assessed by the City's traffic division.
Additionally, this bill would permit home owners to rent out their primary residence and ADU to
two separate parties, resulting in the creation of multifamily developments within single family
communities. With the preemption of any local parking requirements, this bill could result in
adverse property maintenance and severely congested street parking.
The City of Santa Clarita 2018 Legislative Platform includes components related to preserving
local authority regarding local land use. Specifically, component 20 under the "State" section of
the Legislative Platform advises that the City Council, "Oppose legislation that would interfere
with, limit or eliminate the decision-making authority of local governments in the area of local
land use."
Page 2
Packet Pg. 51
The City Council Legislative Committee met on May 8, 2018, and recommends that the City
Council adopt an "oppose" position for Senate Bill 831.
ALTERNATIVE ACTION
1. Adopt a "neutral" position on Senate Bill 831
2. Adopt a "support" position on Senate Bill 831
3. Take no action on Senate Bill 831
4. Refer Senate Bill 831 back to the Legislative Committee
5. Other action, as determined by the City Council
FISCAL IMPACT
The resources required to implement the recommended action are contained within the City of
Santa Clarita's adopted FY 2017-18 budget.
ATTACHMENTS
SB 831 - Bill Text
O
Page 3
Packet Pg. 52
AMENDED IN SENATE MAY 1, 2018
AMENDED IN SENATE APRIL 9, 2018
AMENDED IN SENATE MARCH 13, 2018
SENATE BILL
No. 831
Introduced by Senator Wieckowski
(Coauthors: Senators Atkins and Wiener)
January 4, 2018
An act to amend Sections 65585 and 65852.2 of, to add0,.e
6CO�o, and to add and repeal Section 65852.23 of, the Government
Code, relating to land use.
LEGISLATIVE COUNSEL'S DIGEST
SB 831, as amended, Wieckowski. 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 zones, requires that ordinance to
designate areas where accessory dwelling units may be permitted, and
sets forth standards the ordinance is required to impose, including,
among others, maximum unit size, parking, and height standards.
Existing law ayes prohibits an accessory dwelling unitfrom being
considered by a local agency, special district, or water corporation to
rhe be a new residential use for purposes of calculating connection
fees or capacity charges for utilities. Existing law prohibits requirements
for the installation of a new or separate utility connection between the
accessory dwelling unit and theme utility, except in instances where
an accessory dwelling unit is subject to ministerial approval, as
specified, and authorizes a fee to be eharged, exeept as speeified.
96
4.a
Packet Pg. 53
a
SB 831 —2—
charged
2—
charged in those instances. Existing law requires a local agency to
submit an ordinance adopted for the creation of accessory dwelling
units to the Department of Housing and Community Development and
authorizes the department to review and comment on the ordinance.
Existing law requires an application for an accessory dwelling unit
permit to be considered, as specified, within 120 days of receiving it.
This bill wouldinstead uthorize a loeal affene-^tom
require
the ordinance for the creation of accessory dwelling units to designate
areas where accessory dwelling units may be excluded for
health and safety purposes, as specified. The bill would revise the
standards for the local ordinance to, among other things, include a
prohibition on considering the square footage of a proposed accessory
dwelling unit when calculating an allowable floor -to -area ratio for the
lot. The bill would require that a permit application for an accessory
dwelling unit be approved or disapproved within 60 days and would
specify that if a local agency does not act on an application for a
accessory dwelling unit within 60 days, then the application shall be
deemed approved. The bill would prohibit a local agency from requiring
that offstreet parking spaces be replaced when a garage, carport, or
covered parking structure is demolished or converted in conjunction
with the construction of an accessory dwelling unit. The bill would
prohibit another local ordinance, policy, or regulation from being the
basis for the delay of the issuance of a building permit or use permit
for an accessory dwelling unit. The bill would delete provisions
authorizing a local agency to require owner occupancy by the permit
>speeial distriet,
fees, or walef
eapaeity eharges,
or any other fees levied by those entities.
applicant.
This bill would prohibit an accessory dwelling unit from being
considered by a local agency, special district, or water corporation to
be a new residential use for purposes of calculating fees charged for
new development, except in certain circumstances when a new or
separate utility connection between the accessory dwelling unit and the
96
4.a
Packet Pg. 54
X
4)
F-
CO CO
m
c
m
E
c�
r
r
a
— 3 — SB 831
utility may be required and except for certain fees charged by a school
district that the bill would limit to $3, 000 per accessory dwelling unit.
The bill would authorize the department, upon submission of an
adopted ordinance for the creation of accessory dwelling units, to submit
written findings to the local agency regarding whether the ordinance
complies with statutory provisions. The bill would authorize the
department to adopt guidelines to implement uniform standards or
criteria to supplement or clarify the terms, references, or standards set
forth in statute and would exempt the adoption of those guidelines from
the Administrative Procedure Act. The bill would, until January 1, 2029,
also require a local building official, upon request of the owner of the
accessory dwelling unit, to approve a delay of not less than 10 years of
the enforcement of any building code requirement as applied to th
aeeessoty dwelling , that, in the judgment of the building official,
that en f reef e is not necessary to protect -the public health and-st�
ofthose residents, as . safety. By increasing the duties of local
agencies with respect to land use regulations, the bill would impose a
state -mandated local program.
This bill would also require the department to notify the city, county,
or city and county and authorize notice to the Attorney General when
the city, county, or city and county is not substantially complying with
the above-described provisions regarding accessory dwelling units.
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, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to the statutory
provisions noted above.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State -mandated local program: yes.
The people of the State of California do enact as follows:
1 SECTION 1. Section 65585 of the Government Code is
2 amended to read:
3 65585. (a) In the preparation of its housing element, each city
4 and county shall consider the guidelines adopted by the department
5 pursuant to Section 50459 of the Health and Safety Code. Those
96
4.a
Packet Pg. 55
r
a
SB 831 —4-
1 guidelines shall be advisory to each city or county in the
2 preparation of its housing element.
3 (b) (1) At least 90 days prior to adoption of its housing element,
4 or at least 60 days prior to the adoption of an amendment to this
5 element, the planning agency shall submit a draft element or draft
6 amendment to the department.
7 (2) The planning agency staff shall collect and compile the
8 public comments regarding the housing element received by the
9 city, county, or city and county, and provide these comments to
10 each member of the legislative body before it adopts the housing
11 element.
12 (3) The department shall review the draft and report its written
13 findings to the planning agency within 90 days of its receipt of the
14 draft in the case of an adoption or within 60 days of its receipt in
15 the case of a draft amendment.
16 (c) In the preparation of its findings, the department may consult
17 with any public agency, group, or person. The department shall
18 receive and consider any written comments from any public
19 agency, group, or person regarding the draft or adopted element
20 or amendment under review.
21 (d) In its written findings, the department shall determine
22 whether the draft element or draft amendment substantially
23 complies with this article.
24 (e) Prior to the adoption of its draft element or draft amendment,
25 the legislative body shall consider the findings made by the
26 department. If the department's findings are not available within
27 the time limits set by this section, the legislative body may act
28 without them.
29 (f) If the department finds that the draft element or draft
30 amendment does not substantially comply with this article, the
31 legislative body shall take one of the following actions:
32 (1) Change the draft element or draft amendment to substantially
33 comply with this article.
34 (2) Adopt the draft element or draft amendment without changes.
35 The legislative body shall include in its resolution of adoption
36 written findings which explain the reasons the legislative body
37 believes that the draft element or draft amendment substantially
38 complies with this article despite the findings of the department.
96
4.a
Packet Pg. 56
r
a
— 5 — SB 831
1 (g) Promptly following the adoption of its element or
2 amendment, the planning agency shall submit a copy to the
3 department.
4 (h) The department shall, within 90 days, review adopted
5 housing elements or amendments and report its findings to the
6 planning agency.
7 (i) (1) (A) The department shall review any action or failure
8 to act by the city, county, or city and county that it determines is
9 inconsistent with an adopted housing element or Section 65583,
10 including any failure to implement any program actions included
11 in the housing element pursuant to Section 65583. The department
12 shall issue written findings to the city, county, or city and county
13 as to whether the action or failure to act substantially complies
14 with this article, and provide a reasonable time no longer than 30
15 days for the city, county, or city and county to respond to the
16 findings before taking any other action authorized by this section,
17 including the action authorized by subparagraph (B).
18 (B) If the department finds that the action or failure to act by
19 the city, county, or city and county does not substantially comply
20 with this article, and if it has issued findings pursuant to this section
21 that an amendment to the housing element substantially complies
22 with this article, the department may revoke its findings until it
23 determines that the city, county, or city and county has come into
24 compliance with this article.
25 (2) The department may consult with any local government,
26 public agency, group, or person, and shall receive and consider
27 any written comments from any public agency, group, or person,
28 regarding the action or failure to act by the city, county, or city
29 and county described in paragraph (1), in determining whether the
30 housing element substantially complies with this article.
31 0) The department shall notify the city, county, or city and
32 county and may notify the Office of the Attorney General that the
33 city, county, or city and county is in violation of state law if the
34 department finds that the housing element or an amendment to this
35 element, or any action or failure to act described in subdivision
36 (i), does not substantially comply with this article or that any local
37 government has taken an action in violation of the following:
38 (1) Housing Accountability Act (Section 65589.5 of the
39 Government Code).
40 (2) Section 65863 of the Government Code.
96
4.a
Packet Pg. 57
r
a
SB 831
1 (3) Chapter 4.3 (commencing with Section 65915) of Division
2 1 of Title 7 of the Government Code.
3 (4) Section 65008 of the Government Code.
4 (5) Section 65852.2 of the Government Code.
5 SEC. 2. Section 65852.2 of the Government Code is amended
6 to read:
7 65852.2. (a) (1) A local agency may, by ordinance, provide
8 for the creation of accessory dwelling units in areas Where zoned
9 to allow single-family or multifamily dwelling is attthoriz a
10 residential use. The ordinance shall do all of the following:
11 (A) Designate areas within the jurisdiction of the local agency
12 where accessory dwelling units may be excluded for
13 s&&Ay health and safety, including fire safety, purposes, based on
14 clear findings that are supported by a preponderanee o substantial
15 evidence. The designation of areas shall be based on criteria that
16 may include, but are not limited to, the adequacy of water and
17 sewer services and other fire and life safe health and safety,
18 includingfire safety, issues.
19 (B) (i) Impose standards on accessory dwelling units that
20 include, but are not limited to, parking, height, setback, lot
21 coverage, landscape, architectural review, maximum size of a unit,
22 and standards that prevent adverse impacts on any real property
23 that is listed in the California Register of Historic Places.
24 (ii) Notwithstanding clause (i), a local agency may reduce or
25 eliminate parking requirements for any accessory dwelling unit
26 located within its jurisdiction.
27 (iii) Notwithstanding clause (i), a local agency may not
28 implement standards for minimum lot size requirements for
29 accessory dwelling units and shall allow for the construction of
30 an accessory dwelling unit that complies with this section on any
31 lot zoned for residential use, unless the local agency makes speck
32 findings that the construction of the accessory dwelling unit would
33 adversely impact public health and safety, including fire safety.
34 (C) Provide that accessory dwelling units do not exceed the
35 allowable density for the lot upon which the accessory dwelling
36 unit is located, and that accessory dwelling units are a residential
37 use that is consistent with the existing general plan and zoning
38 designation for the lot. The square footage of a proposed accessory
39 dwelling unit shall not be considered when calculating an allowable
96
4.a
Packet Pg. 58
r
a
—7— SB 831
1 floor -to -area ratio for the lot upon which the accessory dwelling
2 unit is to be located.
3 (D) Require the accessory dwelling units to comply with all of
4 the following:
5 (i) The unit may be rented separate from the primary residence,
6 but may not be sold or otherwise conveyed separate from the
7 primary residence.
8 (ii) The lot includes a proposed or existing single-family
9 dwelling.
10 (iii) The accessory dwelling unit is either attached or located
11 within the proposed or existing living area of the proposed or
12 existing primary dwelling or accessory structure or detached from
13 the proposed or existing primary dwelling and located on the same
14 lot as the proposed or existing primary dwelling.
15 (iv) The total floor area of an attached accessory dwelling unit
16 shall not exceed 50 percent of the proposed or existing primary
17 dwelling living area or 1,200 square feet.
18 (v) The total floor area for a detached accessory dwelling unit
19 shall not exceed 1,200 square feet.
20 (vi) No passageway shall be required in conjunction with the
21 construction of an accessory dwelling unit.
22 (vii) No setback shall be required for an existing living area or
23 accessory structure that is converted to an accessory dwelling unit
24 or to a portion of an accessory dwelling unit, and a setback of no
25 more than three feet from the side and rear lot lines shall be
26 required for an accessory dwelling unit that is not converted from
27 an existing structure.
28 (viii) Local building code requirements that apply to detached
29 dwellings, as appropriate.
30 (ix) Approval by the local health officer where a private sewage
31 disposal system is being used, if required.
32 (x) (I) Parking requirements for accessory dwelling units shall
33 not exceed one parking space per unit or per bedroom, whichever
34 is less. These spaces may be provided as tandem parking on a
35 driveway.
36 (II) Offstreet parking shall be permitted in setback areas in
37 locations determined by the local agency or through tandem
38 parking, unless specific findings are made that parking in setback
39 areas or tandem parking is not feasible based upon specific site or
40 regional topographical or fire and life safety conditions.
96
4.a
Packet Pg. 59
X
'm
M
CO
m
C
d
E
c�
r
r
a
SB 831
1 (II1) This clause shall not apply to a unit that is described in
2 subdivision (d).
3 (xi) When a garage, carport, or covered parking structure is
4 demolished in conjunction with the construction of an accessory
5 dwelling unit or converted to an accessory dwelling unit, a local
6 agency shall not require that those offstreet parking spaces be
7 replaced.
8 (2) The ordinance shall not be considered in the application of
9 any local ordinance, policy, or program to limit residential growth.
10 (3) A permit application for an accessory dwelling unit shall be
11 considered and approved ministerially without discretionary review
12 or a hearing, notwithstanding Section 65901 or 65906 or any local
13 ordinance regulating the issuance of variances or special use
14 permits, within 60 days after receiving the application. If the local
15 agency has not acted upon the submitted application with 60 days,
16 the application shall be deemed approved. A local agency may
17 charge a fee to reimburse it for costs that it incurs as a result of
18 amendments to this paragraph enacted during the 2001-02 Regular
19 Session of the Legislature, including the costs of adopting or
20 amending any ordinance that provides for the creation of an
21 accessory dwelling unit.
22 (4) An existing ordinance governing the creation of an accessory
23 dwelling unit by a local agency or an accessory dwelling ordinance
24 adopted by a local agency shall provide an approval process that
25 includes only ministerial provisions for the approval of accessory
26 dwelling units and shall not include any discretionary processes,
27 provisions, or requirements for those units, except as otherwise
28 provided in this subdivision. In the event that a local agency has
29 an existing accessory dwelling unit ordinance that fails to meet
30 the requirements of this subdivision, that ordinance shall be null
31 and void and that agency shall thereafter apply the standards
32 established in this subdivision for the approval of accessory
33 dwelling units, unless and until the agency adopts an ordinance
34 that complies with this section.
35 (5) No other local ordinance, policy, or regulation shall be the
36 basis for the delay or denial of a building permit or a use permit
37 under this subdivision.
38 (6) This subdivision establishes the maximum standards that
39 local agencies shall use to evaluate a proposed accessory dwelling
40 unit on a lot that includes a proposed or existing single-family
96
4.a
Packet Pg. 60
X
'm
M
CO
m
C
d
E
c�
r
r
a
—9— SB 831
1 dwelling. No additional standards, other than those provided in
2 this subdivision, shall be utilized or imposed, except that a local
3 agency may require that the property be used for rentals of terms
4 longer than 30 days.
5 (7) A local agency may amend its zoning ordinance or general
6 plan to incorporate the policies, procedures, or other provisions
7 applicable to the creation of an accessory dwelling unit if these
8 provisions are consistent with the limitations of this subdivision.
9 (8) An accessory dwelling unit that conforms to this subdivision
10 shall be deemed to be an accessory use or an accessory building
11 and shall not be considered to exceed the allowable density for the
12 lot upon which it is located, and shall be deemed to be a residential
13 use that is consistent with the existing general plan and zoning
14 designations for the lot. The accessory dwelling unit shall not be
15 considered in the application of any local ordinance, policy, or
16 program to limit residential growth. The square footage of a
17 proposed accessory dwelling unit shall not be considered when
18 calculating an allowable floor -to -area ratio for the lot upon which
19 the accessory dwelling unit is to be located.
20 (b) When a local agency that has not adopted an ordinance
21 governing accessory dwelling units in accordance with subdivision
22 (a) receives an application for a permit to create an accessory
23 dwelling unit pursuant to this subdivision, the local agency shall
24 approve or disapprove the application ministerially without
25 discretionary review pursuant to subdivision (a) within 60 days
26 after receiving the application. If the local agency has not acted
27 upon the submitted application within 60 days from the date of
28 receipt, it shall be deemed approved.
29 (c) A local agency may establish minimum and maximum unit
30 size requirements for both attached and detached accessory
31 dwelling units. No minimum or maximum size for an accessory
32 dwelling unit, or size based upon a percentage of the proposed or
33 existing primary dwelling, shall be established by ordinance for
34 either attached or detached dwellings that does not permit at least
35 an efficiency unit to be constructed in compliance with local
36 development standards. Accessory dwelling units shall not be
37 required to provide fire sprinklers if they are not required for the
38 primary residence.
39 (d) Notwithstanding any other law, a local agency, whether or
40 not it has adopted an ordinance governing accessory dwelling units
96
4.a
Packet Pg. 61
X
'm
M
CO
m
C
d
E
c�
r
r
a
SB 831 —10 —
1 in accordance with subdivision (a), shall not impose parking
2 standards for an accessory dwelling unit in any of the following
3 instances:
4 (1) The accessory dwelling unit is located within one-half mile
5 of public transit.
6 (2) The accessory dwelling unit is located within an
7 architecturally and historically significant historic district.
8 (3) The accessory dwelling unit is part of the proposed or
9 existing primary residence or an accessory structure.
10 (4) When on -street parking permits are required but not offered
11 to the occupant of the accessory dwelling unit.
12 (5) When there is a car share vehicle located within one block
13 of the accessory dwelling unit.
14 (e) Notwithstanding subdivisions (a) to (d), inclusive, a local
15 agency shall ministerially approve an application for a building
16 permit to create one accessory dwelling unit per lot if the unit is
17 substantially contained within the existing space of a single-family
18 residence or accessory structure, has independent exterior access
19 from the existing residence, and the side and rear setbacks are
20 sufficient for fire safety. Accessory dwelling units shall not be
21 required to provide fire sprinklers if they are not required for the
22 primary residence. A city shall not require owner occupancy for
23 either the primary or the accessory dwelling unit created through
24 this process. An agreement with a local agency to maintain owner
25 occupancy as a condition for issuance of a building permit for an
26 accessory dwelling unit shall be void as against public policy.
27 (f) A loeal agettey shall not implement standards for mittitym
28 lot size requirements for aeeessory dwelling uttits and shall all
29
30 ,
31 uttless speeifie findings are made by the loeal ageney that the
32 eonstmetion of the unit would adversely impaet publie safety-.
33 (g)
34 (� (1) An accessory dwelling unit shall not be considered by
35 a local agency, sehool dist iet, special district, or water corporation
36 to be a new residential use for the purposes of calculating=6ee-N.
37 fees charged for new development, except as provided in
38 paragraphs (2) and (3).
39 (2) For an accessory dwelling unit that is not described in
40 subparagraph (A) of paragraph (1) of subdivision (a), a local
96
4.a
Packet Pg. 62
r
a
—It— SB 831
I agency, special district, or water corporation may require a new
2 or separate utility connection directly between the accessory
3 dwelling unit and the utility. Consistent with Section 66013, the
4 connection may be subject to a connection fee, capacity charge,
5 or equivalent charge for new service that shall be proportionate
6 to the burden of the proposed accessory dwelling unit, based upon
7 either its size or the number of its plumbing fixtures, upon the
8 water or sewer system. This fee or charge shall not exceed the
9 reasonable cost of providing this service.
10 (3) Fees charged by a school district pursuant to Chapter 4.9
11 (commencing with Section 65995) of this code and Chapter 6
12 (commencing with Section 17620) of Part 10.5 of Division I of
13 Title I of the Education Code shall be limited to no more than
14 three thousand dollars ($3, 000) per accessory dwelling unit.
15 (h) An aeeessory dwelling unit permitted pttrsttant to this seetio.n.
16 shall not be sttbjeet to impaet fees, eonneetion fees,
17 eharges, or any other fees levied by a loeal agener, sehool d let,
18 speeial distfiet, or water eorporatiott-.
19 fo
20 (g) This section does not limit the authority of local agencies
21 to adopt less restrictive requirements for the creation of an
22 accessory dwelling unit.
23 (j)
24 (h) A local agency shall submit a copy of the ordinance adopted
25 pursuant to subdivision (a) to the Department of Housing and
26 Community Development within 60 days after adoption. After
27 adoption of an ordinance, the department may submit written
28 findings to the local agency as to whether the ordinance complies
29 with this section. If the department finds that the local agency's
30 ordinance does not comply with this section, the department shall
31 notify the local agency and may notify the office of the Attorney
32 General that the local agency is in violation of state law. The local
33 agency shall consider findings made by the department and may
34 change the ordinance to comply with this section or adopt the
35 ordinance without changes. The local agency shall include findings
36 in its resolution adopting the ordinance that explain the reasons
37 the local agency believes that the ordinance complies with this
38 section despite the findings of the department.
39 { k-)
96
4.a
Packet Pg. 63
r
a
SB 831 —12—
I
12-
1 (i) The department may review, adopt, amend, or repeal
2 guidelines to implement uniform standards or criteria that
3 supplement or clarify the terms, references, and standards set forth
4 in this section. The guidelines adopted pursuant to this subdivision
5 are not subject to Chapter 3.5 (commencing with Section 11340)
6 of Part 1 of Division 3 of Title 2.
7 (1)
8 6) As used in this section, the following terms mean:
9 (1) "Accessory structure" means an existing, fixed structure,
10 including, but not limited to, a garage, studio, pool house, or other
11 similar structure.
12 (2) "Living area" means the interior habitable area of a dwelling
13 unit including basements and attics but does not include a garage
14 or any accessory structure.
15 (3) "Local agency" means a city, county, or city and county,
16 whether general law or chartered.
17 "
18 (4) "Neighborhood" has the same meaning as set forth in
19 Section 65589.5.
20 (5) "Accessory dwelling unit" means an attached or a detached
21 residential dwelling unit which provides complete independent
22 living facilities for one or more persons. It shall include permanent
23 provisions for living, sleeping, eating, cooking, and sanitation on
24 the same parcel as the single-family dwelling is situated. An
25 accessory dwelling unit also includes the following:
26 (A) An efficiency unit, as defined in Section 17958.1 of the
27 Health and Safety Code.
28 (B) A manufactured home, as defined in Section 18007 of the
29 Health and Safety Code.
30 (-5-)
31 (6) "Passageway" means a pathway that is unobstructed clear
32 to the sky and extends from a street to one entrance of the accessory
33 dwelling unit.
34 (7) "Public transit" means a location, including, but not limited
35 to, a bus stop or train station, where the public may access buses,
36 trains, subways, and other forms of transportation that charge set
37 fares, run on fixed routes, and are available to the public.
38 (8) "Tandem parking" means that two or more automobiles are
39 parked on a driveway or in any other location on a lot, lined up
40 behind one another.
96
4.a
Packet Pg. 64
r
a
—13 — SB 831
I (ffl)
2 (k) Nothing in this section shall be construed to supersede or in
3 any way alter or lessen the effect or application of the California
4 Coastal Act of 1976 (Division 20 (commencing with Section
5 30000) of the Public Resources Code), except that the local
6 government shall not be required to hold public hearings for coastal
7 development permit applications for accessory dwelling units.
8 SEC. 3. Section 65852.23 is added to the Government Code,
9 immediately following Section 65852.22, to read:
10 65852.23. (a) As used in this section, the following definitions
11 apply:
12 (1) "Accessory dwelling unit" is defined as in Section 65852.2.
13 (2) "Building code" means the California Building Standards
14 Code or that code as modified by a local agency.
15 (3) "Local agency" is defined as in Section 65852.2.
16 (b) When a local building official finds that a substandard
17 accessory dwelling unit poses an imminent risk to the health and
18 safety of the residents of the accessory dwelling unit, the local
19 building official shall, upon request of the owner of the accessory
20 dwelling unit and subject to the conditions set forth in this section,
21 approve a delay of not less than 10 years of the enforcement of
22 any building code requirement as applied to that aeeessory dwelling
23 , that enforeetnefl.t.
24 that, in the judgment of the building official, is not necessary to
25 protect -the public health andsafety of those residents-. safety.
26 (c) An owner of an accessory dwelling unit shall be eligible for
27 the delay specified in subdivision-* (b) only if the owner has not
28 received a notice or order to abate.
29 (d) In granting a delay pursuant to subdivision -(a)-, (b), a building
30 official shall consult with the applicable fire and code enforcement
31 officials regardless of whether those officials are organized in a
32 different department or a separate agency from the building official.
33 (e) A local building official shall not approve a delay pursuant
34 to subdivision-* (b) on or after January 1, 2029. A delay approved
35 before January 1, 2029, shall remain in force for the full term of
36 the delay after January 1, , and an owner that reeeived a de6y
37 shall retain the enforeeable restrietion on the property while the
38 delay is in foree. 2029.
39 (e)
96
4.a
Packet Pg. 65
r
a
SB 831 —14—
I
14-
1 (� This section shall remain in effect only until January 1, 2039,
2 and as of that date is repealed.
3 SEC. 4. If the Commission on State Mandates determines that
4 this act contains costs mandated by the state, reimbursement to
5 local agencies and school districts for those costs shall be made
6 pursuant to Part 7 (commencing with Section 17500) of Division
7 4 of Title 2 of the Government Code.
A]
96
4.a
Packet Pg. 66
r
Q