HomeMy WebLinkAbout2019-04-09 - AGENDA REPORTS - STATE LEGISLATION: AB 68 (2)Agenda Item: 3
DATE: April 9, 2019
SUBJECT: STATE LEGISLATION: ASSEMBLY BILL 68
DEPARTMENT: City Manager's Office
PRESENTER: Masis Hagobian
RECOMMENDED ACTION
City Council adopt the City Council Legislative Committee recommendation to oppose
Assembly Bill 68 (Ting) and transmit position statements to Assembly Member Ting, Santa
Clarita's state legislative delegation, appropriate legislative committees, Governor Newsom, and
the League of California Cities.
BACKGROUND
Authored by Assembly Member Phillip Ting (D -19 -San Francisco), Assembly Bill 68 preempts
local land use authority related to accessory dwelling units (ADU).
For the purpose of this report, 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 ADUs 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
ADUs by local governments. However, the current version of this bill preempts local authority
that results in adverse property maintenance and severely congested street parking.
Assembly Bill 68:
Prohibits a local agency from imposing requirements on minimum lot size, lot coverage,
or floor area ratio of an ADU.
2. Prohibits a local agency from requiring new parking spaces after a garage or carport is
converted into an ADU.
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Reduces the local agency approval process for an ADU permit application from 120 days
to 60 days.
The current policies and procedures related to ADUs provide the City of Santa Clarita (City) the
ability to review and successfully process ADU permits based on unique community needs. The
City recognizes the importance of land use planning and development of housing to meet the
growth and needs of the community. Since the state ADU law took effect, the City has issued 69
ADU permits (21 in 2017, 38 in 2018, and 10 in 2019 through March 13, 2019).
This bill weakens local land use authority related to ADUs and eliminates the City's ability to
properly plan and develop residential zoning of single family and multi -family homes.
Additionally, this bill would adversely impact the City's ability to impose reasonable ADU
requirements and/or conditions that take into consideration the City's residential character and
local unique circumstances.
The Santa Clarita City Council opposed a similar bill, Assembly Bill 831 (Wieckowski), based
on the recommendation of the City Council's Legislative Committee during the 2017-18
Legislative Session.
Additionally, the City of Santa Clarita 2019 Legislative Platform includes components related to
preserving local authority regarding local land use. Specifically, component 21 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 municipalities in the area of
local land use."
Assembly Bill 68 was introduced on December 3, 2018, and referred to the Assembly Committee
on Housing and Community Development.
The City Council Legislative Committee met on March 26, 2019, and recommends that the City
Council adopt an "oppose" position on Assembly 68.
ALTERNATIVE ACTION
1. Adopt a "neutral" position on Assembly Bill 68
2. Adopt a "support" position on Assembly Bill 68
Take no action on Assembly Bill 68
4. Refer Assembly Bill 68 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 Fiscal Year 2018-19 budget.
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ATTACHMENTS
Assembly Bill 68 Bill Text
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CALIFORNIA LEGISLATURE -2019-20 REGULAR SESSION
ASSEMBLY BILL
No. 68
Introduced by Assembly Member Ting
(Coauthor: Assembly Member Gloria)
(Coauthors: Senators Skinner and Wiener)
December 3, 2018
An act to amend Sections 65852.2 and 65852.22 of the Government
Code, relating to land use.
LEGISLATIVE COUNSEL'S DIGEST
AB 68, as introduced, 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 and sets forth required
ordinance standards, including, among others, maximum unit size,
parking, and height standards.
This bill would prohibit an ordinance from imposing 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 feet unit of at least 16
feet in height to be constructed.
Existing law requires a local agency to ministerially approve or deny
a permit application for the creation of an accessory dwelling unit within
120 days of receiving the application.
This bill would instead require a local agency to ministerially approve
or deny a permit application for the creation of an accessory dwelling
unit permit within 60 days of receipt.
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Existing law requires ministerial approval of a permit to create one
accessory dwelling unit within a single-family dwelling, subject to
specified conditions and requirements.
This bill would require ministerial approval of an application for a
permit to create one or more accessory dwelling units or junior accessory
dwelling units on a single-family dwelling or multifamily dwelling,
subject to specified conditions and requirements.
Existing law authorizes a local agency ordinance for accessory
dwelling units to require that a permit applicant be an owner -occupant
or that the property be used for rentals of terms longer than 30 days.
This bill would provide that, if a local agency imposes an
owner -occupancy restriction, the monitoring for compliance shall not
be more frequent than annually and be based on specified published
documents. The bill would describe owner -occupant for purposes of
that requirement.
Existing law authorizes a local agency to adopt an ordinance providing
for the creation of junior accessory dwelling units in single-family
residential zones, and requires a local agency to ministerially approve
or deny an application for a junior accessory dwelling unit within 120
days of submission of the application.
This bill would instead require a local agency to ministerially approve
or deny an application for a junior accessory dwelling unit within 60
days of submission of the application. The bill 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 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.
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 65852.2 of the Government Code is
2 amended to read:
3 65852.2. (a) (1) A local agency may, by ordinance, provide
4 for the creation of accessory dwelling units in areas zoned to allow
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1 single-family or multifamily use. The ordinance shall do all of the
2 following:
3 (A) Designate areas within the jurisdiction of the local agency
4 where accessory dwelling units may be permitted. The designation
5 of areas may be based on criteria that may include, but are not
6 limited to, the adequacy of water and sewer services and the impact
7 of accessory dwelling units on traffic flow and public safety.
8 (B) (i) Impose standards on accessory dwelling units that
9 include, but are not limited to, parking, height, setback, -4 -et
10 eoverage, landscape, architectural review, maximum size of a unit,
11 and standards that prevent adverse impacts on any real property
12 that is listed in the California Register of Historic Places. These
13 standards shall not include requirements on minimum lot size, lot
14 coverage, or floor area ratio.
15 (ii) Notwithstanding clause (i), a local agency may reduce or
16 eliminate parking requirements for any accessory dwelling unit
17 located within its jurisdiction.
18 (C) Provide that accessory dwelling units do not exceed the
19 allowable density for the lot upon which the accessory dwelling
20 unit is located, and that accessory dwelling units are a residential
21 use that is consistent with the existing general plan and zoning
22 designation for the lot.
23 (D) Require the accessory dwelling units to comply with all of
24 the following:
25 (i) The unit may be rented separate from the primary residence,
26 but may not be sold or otherwise conveyed separate from the
27 primary residence.
28 (ii) The lot is zoned to allow single-family or multifamily use
29 and includes a proposed or existing single-family dwelling.
30 (iii) The accessory dwelling unit iseither attached or located
31 within the living area of the proposed or existing primaryiftg
32 dwelling, attached or located within an accessory structure, or
33 detached from the proposed or existing primary dwelling and
34 located on the same lot as the proposed or existing primary
35 dwelling.
36 (iv) The total floor area of floorspa of an attached accessory
37 dwelling unit shall not exceed 50 percent of the proposed or
38 existing primary dwelling living area or 1,200 square feet.
39 (v) The total floor area of floorspa for a detached accessory
40 dwelling unit shall not exceed 1,200 square feet.
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1 (vi) No passageway shall be required in conjunction with the
2 construction of an accessory dwelling unit.
3 (vii) No setback shall be required for an existinggarage living
4 area or accessory structure or a structure constructed in the same
5 location and to the same dimensions as an existing structure that
6 is converted to an accessory dwelling unit or to a portion of an
7 accessory dwelling unit, and a setback of no more thane four
8 feet from the side and rear lot lines shall be required for an
9 accessory dwelling unit that is eonstmeted above a garaget. not
10 converted from an existing structure or a new structure constructed
11 in the same location and to the same dimensions as an existing
12 structure.
13 (viii) Local building code requirements that apply to detached
14 dwellings, as appropriate.
15 (ix) Approval by the local health officer where a private sewage
16 disposal system is being used, if required.
17 (x) (1) Parking requirements for accessory dwelling units shall
18 not exceed one parking space per unit or per bedroom, whichever
19 is less. These spaces may be provided as tandem parking on a
20 driveway.
21 (11) Offstreet parking shall be permitted in setback areas in
22 locations determined by the local agency or through tandem
23 parking, unless specific findings are made that parking in setback
24 areas or tandem parking is not feasible based upon specific site or
25 regional topographical or fire and life safety conditions.
26 (111) This clause shall not apply to a unit that is described in
27 subdivision (d).
28 (xi) When a garage, carport, or covered parking structure is
29 demolished in conjunction with the construction of an accessory
30 dwelling unit or converted to an accessory dwelling unit,$ the
31 local agency that those off4reet parking spaee
32 replaeeel,
33 eonfigttration on the same lot as the aeeessory 4welling
34 ,
35 or tandem spaees,
36 lifts. This elattse shall not app�y to a tmit that is deseribeel ifl.
37 shall not require that those offstreet parking spaces
38 be replaced.
39 (2) The ordinance shall not be considered in the application of
40 any local ordinance, policy, or program to limit residential growth.
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1 (3)
2 A permit
3 application shall be considered ministerially without discretionary
4 review or a hearing, notwithstanding Section 65901 or 65906 or
5 any local ordinance regulating the issuance of variances or special
6 use permits, within-+-7�29 60 days after receiving the application. A
7 local agency may charge a fee to reimburse it for costs that it incurs
8 as a result of amendments to this paragraph enacted during the
9 2001-02 Regular Session of the Legislature, including the costs
10 of adopting or amending any ordinance that provides for the
11 creation of an accessory dwelling unit.
12 (4) An existing ordinance governing the creation of an accessory
13 dwelling unit by a local agency or an accessory dwelling ordinance
14 adopted by a local agency s4seqttent to the effeetive elate of t
15 aet acleling this paragraph after January 1, 2017, shall provide an
16 approval process that includes only ministerial provisions for the
17 approval of accessory dwelling units and shall not include any
18 discretionary processes, provisions, or requirements for those units,
19 except as otherwise provided in this subdivision. in the event that,
20 If a local agency has an existing accessory dwelling unit ordinance
21 that fails to meet one or more of the requirements of this
22 subdivision, that ordinance shall be null and void
23 elate of the aet acleling this paragraph to the extent of such conflict
24 on January 1, 2017, and that agency shall thereafter apply the
25 applicable standards or standards established in this subdivision
26 for the approval of accessory dwelling units, unless and until the
27 agency amends its ordinance that eompli to comply
28 with this section.
29 (5) No other local ordinance, policy, or regulation shall be the
30 basis for the delay or denial of a building permit or a use permit
31 under this subdivision.
32 (6) This subdivision establishes the maximum standards that
33 local agencies shall use to evaluate a proposed accessory dwelling
34 unit on a lot zoned for residential use that includes a proposed or
35 existing single-family dwelling. No additional standards, other
36 than those provided in this subdivision, shall bei used or
37 imposed, except that a local agency may require an applicant for
38 a permit issued pursuant to this subdivision to be an
39 owner -occupant or that the property be used for rentals of terms
40 longer than 30 days. Ifan ordinance imposes an owner -occupancy
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1 restriction, this restriction shall not be monitored more frequently
2 than annually based on published public documents that evidence
3 residency, including, but not limited to, a driver's license, school
4 registration, or a voter registration document. For purposes of
5 this requirement, an owner -occupant shall include any of the
6 following:
7 (A) An owner of the lot who occupies the primary dwelling or
8 the accessory dwelling unit.
9 (B) A trust in which ownership of the lot is placed if at least one
10 beneficiary of the trust occupies the primary dwelling or the
11 accessory dwelling unit.
12 (C) An organization that owns the lot in order to provide
13 long-term, deed -restricted affordable housing that is subject to a
14 regulatory agreement with a local agency.
15 (7) A local agency may amend its zoning ordinance or general
16 plan to incorporate the policies, procedures, or other provisions
17 applicable to the creation of an accessory dwelling unit if these
18 provisions are consistent with the limitations of this subdivision.
19 (8) An accessory dwelling unit that conforms to this subdivision
20 shall be deemed to be an accessory use or an accessory building
21 and shall not be considered to exceed the allowable density for the
22 lot upon which it is located, and shall be deemed to be a residential
23 use that is consistent with the existing general plan and zoning
24 designations for the lot. The accessory dwelling unit shall not be
25 considered in the application of any local ordinance, policy, or
26 program to limit residential growth.
27 (b) When a local agency that has not adopted an ordinance
28 governing accessory dwelling units in accordance with subdivision
29 (a) receives an application for a permit to create an accessory
30 dwelling unit pursuant to this subdivision, the local agency shall
31 approve or disapprove the application ministerially without
32 discretionary review pursuant to subdivision (a) within -4-2-0 60
33 days after receiving the application.
34 (c) A local agency may establish minimum and maximum unit
35 size requirements for both attached and detached accessory
36 dwelling units. No minimum or maximum size for an accessory
37 dwelling unit, or size based upon a percentage of the proposed or
38 existing primary dwelling, shall be established by ordinance for
39 either attached or detached dwellings that does not permit at least
40 an effieiettey tt 800 square feet accessory dwelling unit that is
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1 at least 16feet in height to be constructed in compliance with local
2 development standards. Accessory dwelling units shall not be
3 required to provide fire sprinklers if they are not required for the
4 primary residence.
5 (d) Notwithstanding any other law, a local agency, whether or
6 not it has adopted an ordinance governing accessory dwelling units
7 in accordance with subdivision (a), shall not impose parking
8 standards for an accessory dwelling unit in any of the following
9 instances:
10 (1) The accessory dwelling unit is located within one-half mile
11 of public transit.
12 (2) The accessory dwelling unit is located within an
13 architecturally and historically significant historic district.
14 (3) The accessory dwelling unit is part of the proposed or
15 existing primary residence or an accessory structure.
16 (4) When on -street parking permits are required but not offered
17 to the occupant of the accessory dwelling unit.
18 (5) When there is a car share vehicle located within one block
19 of the accessory dwelling unit.
20 (e) (1) Notwithstanding subdivisions (a) to (d), inclusive, a
21 local agency shall ministerially approve an application for a
22 building permit
23
24
25 , or
26 other similar stmetttre,
27 existing residettee,
28
29 provide fire sprinklers if they are not reqttired f -or the priffla
30
31 .
32 within a residential or mixed-use zone to create any of the
33 following:
34 (A) One accessory dwelling unit and one junior accessory
35 dwelling unit per lot with a single-family dwelling if all of the
36 following apply:
37 (i) The accessory dwelling unit or junior accessory dwelling
38 unit is substantially within the existing space of a single-family
39 dwelling or accessory structure, including, but not limited to,
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1 reconstruction of an existing space with substantially the same
2 physical dimensions as the existing accessory structure.
3 (ii) The space has exterior access from the existing single-family
4 dwelling.
5 (iii) The side and rear setbacks are sufficient for fire and safety.
6 (iv) The junior accessory dwelling unit complies with the
7 requirements of Section 65852.22.
8 (B) One detached, new construction, single -story accessory
9 dwelling unit that does not exceed four foot side and rear yard
10 setbacks for a lot with a single-family dwelling. The accessory
11 dwelling unit may be combined with a junior accessory dwelling
12 unit described in subparagraph (A). A local agency may impose
13 the following conditions on the accessory dwelling unit:
14 (i) A total floor area limitation of not more than 800 square
15 feet.
16 (ii) A height limitation of 16 feet.
17 (C) Multiple accessory dwelling units within the portions of
18 existing multifamily dwelling structures that are not used as livable
19 space, including, but not limited to, storage rooms, boiler rooms,
20 passageways, attics, or garages, if each unit complies with state
21 building standards for dwellings.
22 (D) Not more than two accessory dwelling units that are located
23 on a lot that has an existing multifamily dwelling, but are detached
24 from that multifamily dwelling and are subject to a height limit of
25 16 feet and four foot rear yard and side setbacks.
26 (2) A local agency shall not require, as a condition for
27 ministerial approval, the correction of nonconforming zoning
28 conditions.
29 (3) The installation of fire sprinklers shall not be required in
30 an accessory dwelling unit if sprinklers are not required for the
31 primary residence.
32 (4) A local agency may require owner occupancy for either the
33 primary dwelling or the accessory dwelling unit on a single-family
34 lot, subject to the requirements of paragraph (6) of subdivision
35 (a).
36 (5) A local agency shall require that a rental of the accessory
37 dwelling unit created pursuant to this subdivision be for a term
38 longer than 30 days.
39 (6) Subparagraphs (C) and (D) ofparagraph (1) shall not apply
40 to a local agency that has adopted an ordinance by July 1, 2018,
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1 providing for the approval of accessory dwelling units in
2 multifamily dwelling structures.
3 (f) (1) Fees charged for the construction of accessory dwelling
4 units shall be determined in accordance with Chapter 5
5 (commencing with Section 66000) and Chapter 7 (commencing
6 with Section 66012).
7 (2) Accessory dwelling units shall not be considered by a local
8 agency, special district, or water corporation to be a new residential
9 use for4he purposes of calculating connection fees or capacity
10 charges for utilities, including water and sewer service.
11 (A) For an accessory dwelling unit described in subparagraph
12 (A) of paragraph (1) of subdivision (e), a local agency, special
13 district, or water corporation shall not require the applicant to
14 install a new or separate utility connection directly between the
15 accessory dwelling unit and the utility or impose a related
16 connection fee or capacity charge.
17 (B) For an accessory dwelling unit that is not described in
18 subparagraph (A) of paragraph (1) of subdivision (e), a local
19 agency, special district, or water corporation may require a new
20 or separate utility connection directly between the accessory
21 dwelling unit and the utility. Consistent with Section 66013, the
22 connection may be subject to a connection fee or capacity charge
23 that shall be proportionate to the burden of the proposed accessory
24 dwelling unit, based upon either its size or the number of its
25 plumbing fixtures, upon the water or sewer system. This fee or
26 charge shall not exceed the reasonable cost of providing this
27 service.
28 (g) This section does not limit the authority of local agencies
29 to adopt less restrictive requirements for the creation of an
30 accessory dwelling unit.
31 (h) A local agency shall submit a copy of the
32 ordinance adopted pursuant to subdivision (a) to the Department
33 of Housing and Community Development within 60 days after
34 adoption. The department may review and comment on this
35 submitted ordinance.
36 (i) As used in this section, the following terms apply:
37 "
38
39 or atty aeeessoty stmeftwe.
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AB 68
:-:NO -:.
3 " has the sante
4 set fimth in Seetion
5 (4)
6 (1) "Accessory dwelling unit" means an attached or a detached
7 residential dwelling unitek that provides complete independent
8 living facilities for one or more persons. It shall include permanent
9 provisions for living, sleeping, eating, cooking, and sanitation on
10 the same parcel as the single-family dwelling is situated. An
11 accessory dwelling unit also includes the following:
12 (A) An efficiency unit, as defined in Section 17958.1 of the
13 Health and Safety Code.
14 (B) A manufactured home, as defined in Section 18007 of the
15 Health and Safety Code.
16 (2) "Accessory structure" means an existing, fixed structure,
17 including, but not limited to, a garage, studio, pool house, or other
18 similar structure.
19 (3) "Living area" means the interior habitable area of a
20 dwelling unit, including basements and attics but does not include
21 a garage or any accessory structure.
22 (4) "Local agency" means a city, county, or city and county,
23 whether general law or chartered.
24 (5) "Nonconforming zoning condition" means a physical
25 improvement on a property that does not conform with current
26 zoning standards.
27 (-5�
28 (6) "Passageway" means a pathway that is unobstructed clear
29 to the sky and extends from a street to one entrance of the accessory
30 dwelling unit.
31 (.6)
32 (7) "Tandem parking" means that two or more automobiles are
33 parked on a driveway or in any other location on a lot, lined up
34 behind one another.
35 0) Nothing in this section shall be construed to supersede or in
36 any way alter or lessen the effect or application of the California
37 Coastal Act of 1976 (Division 20 (commencing with Section
38 30000) of the Public Resources Code), except that the local
39 government shall not be required to hold public hearings for coastal
40 development permit applications for accessory dwelling units.
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1 SEC. 2. Section 65852.22 of the Government Code is amended
2 to read:
3 65852.22. (a) Notwithstanding Section 65852.2, a local agency
4 may, by ordinance, provide for the creation of junior accessory
5 dwelling units in single-family residential zones. The ordinance
6 may require a permit to be obtained for the creation of a junior
7 accessory dwelling unit, and shall do all of the following:
8 (1) Limit the number of junior accessory dwelling units to one
9 per residential lot zoned for single-family residences with a
10 single-family residence already built on the lot.
11 (2) Require owner -occupancy in the single-family residence in
12 which the junior accessory dwelling unit will be permitted. The
13 owner may reside in either the remaining portion of the structure
14 or the newly created junior accessory dwelling unit.
15 Owner -occupancy shall not be required if the owner is another
16 governmental agency, land trust, or housing organization.
17 (3) Require the recordation of a deed restriction, which shall
18 run with the land, shall be filed with the permitting agency, and
19 shall include both of the following:
20 (A) A prohibition on the sale of the junior accessory dwelling
21 unit separate from the sale of the single-family residence, including
22 a statement that the deed restriction may be enforced against future
23 purchasers.
24 (B) A restriction on the size and attributes of the junior accessory
25 dwelling unit that conforms with this section.
26 (4) Require a permitted junior accessory dwelling unit to be
27 constructed within the existing walls of the structure, and require
28 the inclusion of an existing bedroom.
29 (5) Require a permitted junior accessory dwelling to include a
30 separate entrance from the main entrance to the structure, with an
31 interior entry to the main living area. A permitted junior accessory
32 dwelling may include a second interior doorway for sound
33 attenuation.
34 (6) Require the permitted junior accessory dwelling unit to
35 include an efficiency kitchen, which shall include all of the
36 following:
37 (A) A sink with a maximum waste line diameter of 1.5 inches.
38 (B) A cooking facility with appliances that do not require
39 electrical service greater than 120 volts, or natural or propane gas.
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1 (C) A food preparation counter and storage cabinets that are of
2 reasonable size in relation to the size of the junior accessory
3 dwelling unit.
4 (b) (1) An ordinance shall not require additional parking as a
5 condition to grant a permit.
6 (2) This subdivision shall not be interpreted to prohibit the
7 requirement of an inspection, including the imposition of a fee for
8 that inspection, to determine_mer if the junior accessory
9 dwelling unit is complies with applicable building
10 standards.
11 (c) An application for a permit pursuant to this section shall,
12 notwithstanding Section 65901 or 65906 or any local ordinance
13 regulating the issuance of variances or special use permits, be
14 considered ministerially, without discretionary review or a hearing.
15 A permit shall be issued within -4-7A 60 days of submission of an
16 application for a permit pursuant to this section. A local agency
17 may charge a fee to reimburse the local agency for costs incurred
18 in connection with the issuance of a permit pursuant to this section.
19 (d) For -the purposes of any fire or life protection ordinance or
20 regulation, a junior accessory dwelling unit shall not be considered
21 a separate or new dwelling unit. This section shall not be construed
22 to prohibit a city, county, city and county, or other local public
23 entity from adopting an ordinance or regulation relating to fire and
24 life protection requirements within a single-family residence that
25 contains a junior accessory dwelling unit so long as the ordinance
26 or regulation applies uniformly to all single-family residences
27 within the zone regardless of whether the single-family residence
28 includes a junior accessory dwelling unit or not.
29 (e) For4he purposes of providing service for water, sewer, or
30 power, including a connection fee, a junior accessory dwelling
31 unit shall not be considered a separate or new dwelling unit.
32 (f) This section shall not be construed to prohibit a local agency
33 from adopting an ordinance or regulation, related to parking or a
34 service or a connection fee for water, sewer, or power, that applies
35 to a single-family residence that contains a junior accessory
36 dwelling unit, so long as that ordinance or regulation applies
37 uniformly to all single-family residences regardless of whether the
38 single-family residence includes a junior accessory dwelling unit.
39 (g) If a local agency has not adopted a local ordinance pursuant
40 to this section, the local agency shall ministerially approve a permit
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to construct a junior accessory dwelling unit that satisfies the
requirements set forth in subparagraph (A) of paragraph (1) of
subdivision (e) of Section 65852.2 and the requirements of this
section.
(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. 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.
X
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