HomeMy WebLinkAbout2020-04-28 - AGENDA REPORTS - STATE LEGISLATION: SB 773 (2)Agenda Item• 10
CITY OF SANTA CLARITA
12-1 AGENDA REPORT
MW
CONSENT CALENDAR �
CITY MANAGER APPROVAL: hn ,i 011)
DATE:
April 28, 2020
SUBJECT:
STATE LEGISLATION: SENATE BILL 773
DEPARTMENT:
City Manager's Office
PRESENTER:
Masis Hagobian
RECOMMENDED ACTION
City Council adopt the City Council Legislative Committee recommendation to oppose Senate
Bill 773 (Skinner) and transmit position statements to Senator Skinner, Santa Clarita's state
legislative delegation, appropriate legislative committees, Governor Newsom, and the League of
California Cities.
BACKGROUND
Authored by Senator Nancy Skinner (D-9-Berkeley), Senate Bill 773 preempts local land use
authority related to accessory dwelling units (ADU) and junior accessory dwelling units (JADU).
For the purpose of this staff summary, as defined in Section 65852.22 of the Government Code:
An ADU is an attached or detached residential dwelling unit which provides complete
independent living facilities on the same parcel as a single-family or multi -family
dwelling.
A JADU is a unit that is no more than 500 square feet in size and contained entirely
within a single-family residence.
The initial state law requiring local agencies to provide by ordinance for the creation of 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 the state on the issuance of ADUs by local governments.
Several bills proposing to preempt local discretion and authority in regulating the review of ADU
and JADU applications were introduced during the 2018 and 2019 state legislative years. Of
those bills introduced, various pieces of legislation were approved by the legislature and signed
into law by the Governor, including preemptions to local authority regarding parking, lot size,
Page 1
Palk Pg 38
and approval processes for ADUs and JADUs.
Senate Bill 773, as amended on January 6, 2020:
1. Deems an ADU or JADU permit application approved if a local agency has not acted
upon a completed application within 60 days.
2. Amends existing law, which requires ministerial approval of an application for a building
permit to create one ADU or JADU per lot, to require ministerial approval of an
application for a building permit to create both an ADU and JADU.
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
approximately 107 ADU permits (21 in 2017, 38 in 2018, 42 in 2019, and 6 in 2020, through
February 13, 2020).
This bill weakens local land use authority related to ADUs and JADUs 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 two similar bills, Assembly Bill 68 (Ting), Chapter 655,
Statutes of 2019, and Senate Bill 13 (Wieckowski), Chapter 653, Statutes of 2019, based on the
recommendation of the City Council's Legislative Committee. There is a companion bill in the
Assembly, Assembly Bill 953 (Ting), which was approved in the Assembly (76-0-4) on
January 30, 2020. Assembly Bill 953 is pending assignment to a policy committee in the Senate.
Additionally, the City of Santa Clarita's 2020 Legislative Platform includes a component
consistent with the recommendation to oppose this bill. 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."
Senate Bill 773 was introduced on February 22, 2019, proposing to make changes to the state's
Public Utilities Code and was significantly amended on January 6, 2020, to apply towards ADUs
and JADUs. This bill was unanimously approved by the Senate (39-0) on January 27, 2020.
Senators Wilk and Stern voted in support of this bill on the Senate Floor. This bill is in the
Assembly and is pending assignment to a policy committee as of the completion of this report.
The City Council Legislative Committee met on March 10, 2020, and recommends that the City
Council adopt an "oppose" position on Senate Bill 773.
ALTERNATIVE ACTION
1. Adopt a "neutral" position on Senate Bill 773
2. Adopt a "support" position on Senate Bill 773
Page 2
R�cketAg.39
3. Take no action on Senate Bill 773
4. Refer Senate Bill 773 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 2019-20 budget.
ATTACHMENTS
SB 773 - Bill Text
Page 3
10.a
AMENDED IN SENATE JANUARY 6, 2020
SENATE BILL
No. 773
Introduced by Senator Skinner
February 22, 2019
An aet to amend Seetion 381.4 of the Publie Utilities Code, relating
to energy effieiettey.An act to amend Section 65852.2 of the
Government Code, relating to land use.
LEGISLATIVE COUNSEL'S DIGEST
SB 773, as amended, Skinner.
des -Land use: accessory dwelling units.
(1) Existing law requires a local agency to ministerially approve or
deny a permit application for the creation of an accessory dwelling unit
or junior accessory dwelling unit within 60 days from the date the local
agency receives a completed application if there is an existing
single-family or multifamily dwelling on the lot.
This hill would deem a permit application for the creation of an
accessory dwelling unit or junior accessory dwelling unit approved if
the local agency has not acted upon the completed application within
60 days.
(2) Existing law requires ministerial approval of an application for
a building permit within a residential or mixed -use zone to create one
accessory dwelling unit or one junior accessory dwelling unit per lot
with a proposed or existing single-family dwelling if certain
requirements are met.
This hill would instead require ministerial approval of an application
for a building permit within a residential or mixed -use zone to create
one accessory dwelling unit and one junior accessory dwelling unit per
lot with a proposed or existing single-family dwelling if certain
98
Packet Pg. 41
10.a
AMENDED IN SENATE JANUARY 6, 2020
SENATE BILL
No. 773
Introduced by Senator Skinner
February 22, 2019
An aet to amend Seetion 381.4 of the Publie Utilities Code, relating
to energy effieiettey.An act to amend Section 65852.2 of the
Government Code, relating to land use.
LEGISLATIVE COUNSEL'S DIGEST
SB 773, as amended, Skinner.
des -Land use: accessory dwelling units.
(1) Existing law requires a local agency to ministerially approve or
deny a permit application for the creation of an accessory dwelling unit
or junior accessory dwelling unit within 60 days from the date the local
agency receives a completed application if there is an existing
single-family or multifamily dwelling on the lot.
This hill would deem a permit application for the creation of an
accessory dwelling unit or junior accessory dwelling unit approved if
the local agency has not acted upon the completed application within
60 days.
(2) Existing law requires ministerial approval of an application for
a building permit within a residential or mixed -use zone to create one
accessory dwelling unit or one junior accessory dwelling unit per lot
with a proposed or existing single-family dwelling if certain
requirements are met.
This hill would instead require ministerial approval of an application
for a building permit within a residential or mixed -use zone to create
one accessory dwelling unit and one junior accessory dwelling unit per
lot with a proposed or existing single-family dwelling if certain
98
Packet Pg. 41
SB 773 — 2 —
10.a
requirements are met. By increasing the duties of local agencies with
respect to land use regulations, this hill would impose a state -mandated
local program.
(3) The hill would include findings that changes proposed by this
hill address a matter of statewide concern rather than a municipal affair
and, therefore, apply to all cities, including charter cities.
(4) 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 hill would provide that no reimbursement is required by this act
for a speced reason.
FtNisting 1_VV the Publie Utilities Commission to require
ratepayer fttn(4e(4 energy effieieney programs to ensure that those
programs eonVletnent and do not duplieate prograffis administered by
state ageneies-.
This bill would make nonsubstantive eftanges to that proVisioth.
Vote: majority. Appropriation: no. Fiscal committee: eyes.
State -mandated local program: eyes.
The people of the State of California do enact as follows:
1 SECTION 1. Section 65852.2 of the Government Code, as
2 amended by Section 1.5 of Chapter 659 of the Statutes of 2019, is
3 amended to read.-
4 65852.2. (a) (1) A local agency may, by ordinance, provide
5 for the creation of accessory dwelling units in areas zoned to allow
6 single-family or multifamily dwelling residential use. The
7 ordinance shall do all of the following:
8 (A) Designate areas within the jurisdiction of the local agency
9 where accessory dwelling units may be permitted. The designation
10 of areas may be based on the adequacy of water and sewer services
11 and the impact of accessory dwelling units on traffic flow and
12 public safety. A local agency that does not provide water or sewer
13 services shall consult with the local water or sewer service provider
14 regarding the adequacy of water and sewer services before
15 designating an area where accessory dwelling units may be
16 permitted.
98
Packet Pg. 42
— 3 — SB 773
10.a
I (B) (i) Impose standards on accessory dwelling units that
2 include, but are not limited to, parking, height, setback, landscape,
3 architectural review, maximum size of a unit, and standards that
4 prevent adverse impacts on any real property that is listed in the
5 California Register of Historic Resources. These standards shall
6 not include requirements on minimum lot size.
7 (ii) Notwithstanding clause (i), a local agency may reduce or
8 eliminate parking requirements for any accessory dwelling unit
9 located within its jurisdiction.
10 (C) Provide that accessory dwelling units do not exceed the
I I allowable density for the lot upon which the accessory dwelling
12 unit is located, and that accessory dwelling units are a residential
13 use that is consistent with the existing general plan and zoning
14 designation for the lot.
15 (D) Require the accessory dwelling units to comply with all of
16 the following:
17 (i) The accessory dwelling unit may be rented separate from
18 the primary residence, but may not be sold or otherwise conveyed
19 separate from the primary residence.
20 (ii) The lot is zoned to allow single-family or multifamily
21 dwelling residential use and includes a proposed or existing
22 dwelling.
23 (iii) The accessory dwelling unit is either attached to, or located
24 within, the proposed or existing primary dwelling, including
25 attached garages, storage areas or similar uses, or an accessory
26 structure or detached from the proposed or existing primary
27 dwelling and located on the same lot as the proposed or existing
28 primary dwelling.
29 (iv) If there is an existing primary dwelling, the total floor area
30 of an attached accessory dwelling unit shall not exceed 50 percent
31 of the existing primary dwelling.
32 (v) The total floor area for a detached accessory dwelling unit
33 shall not exceed 1,200 square feet.
34 (vi) No passageway shall be required in conjunction with the
35 construction of an accessory dwelling unit.
36 (vii) No setback shall be required for an existing living area or
37 accessory structure or a structure constructed in the same location
38 and to the same dimensions as an existing structure that is
39 converted to an accessory dwelling unit or to a portion of an
40 accessory dwelling unit, and a setback of no more than four feet
98
Packet Pg. 43
SB 773 — 4 —
10.a
1 from the side and rear lot lines shall be required for an accessory
2 dwelling unit that is not converted from an existing structure or a
3 new structure constructed in the same location and to the same
4 dimensions as an existing structure.
5 (viii) Local building code requirements that apply to detached
6 dwellings, as appropriate.
7 (ix) Approval by the local health officer where a private sewage
8 disposal system is being used, if required.
9 (x) (1) Parking requirements for accessory dwelling units shall
10 not exceed one parking space per accessory dwelling unit or per
11 bedroom, whichever is less. These spaces may be provided as
12 tandem parking on a driveway.
13 (11) Offstreet parking shall be permitted in setback areas in
14 locations determined by the local agency or through tandem
15 parking, unless specific findings are made that parking in setback
16 areas or tandem parking is not feasible based upon specific site or
17 regional topographical or fire and life safety conditions.
18 (111) This clause shall not apply to an accessory dwelling unit
19 that is described in subdivision (d).
20 (xi) When a garage, carport, or covered parking structure is
21 demolished in conjunction with the construction of an accessory
22 dwelling unit or converted to an accessory dwelling unit, the local
23 agency shall not require that those offstreet parking spaces be
24 replaced.
25 (xii) Accessory dwelling units shall not be required to provide
26 fire sprinklers if they are not required for the primary residence.
27 (2) The ordinance shall not be considered in the application of
28 any local ordinance, policy, or program to limit residential growth.
29 (3) A permit application for an accessory dwelling unit or a
30 junior accessory dwelling unit shall be considered and approved
31 ministerially without discretionary review or a hearing,
32 notwithstanding Section 65901 or 65906 or any local ordinance
33 regulating the issuance of variances or special use permits. The
34 permitting agency shall act on the application to create an accessory
35 dwelling unit or a junior accessory dwelling unit within 60 days
36 from the date the local agency receives a completed application if
37 there is an existing single-family or multifamily dwelling on the
38 lot. If the permit application to create an accessory dwelling unit
39 or a junior accessory dwelling unit is submitted with a permit
40 application to create a new single-family dwelling on the lot, the
98
Packet Pg. 44
—5— SB 773
10.a
1 permitting agency may delay acting on the permit application for
2 the accessory dwelling unit or the junior accessory dwelling unit
3 until the permitting agency acts on the permit application to create
4 the new single-family dwelling, but the application to create the
5 accessory dwelling unit or junior accessory dwelling unit shall be
6 considered without discretionary review or hearing. If the applicant
7 requests a delay, the 60-day time period shall be tolled for the
8 period of the delay. If the local agency has not acted upon the
9 completed application within 60 days, the application shall he
10 deemed approved. A local agency may charge a fee to reimburse
11 it for costs incurred to implement this paragraph, including the
12 costs of adopting or amending any ordinance that provides for the
13 creation of an accessory dwelling unit.
14 (4) An existing ordinance governing the creation of an accessory
15 dwelling unit by a local agency or an accessory dwelling ordinance
16 adopted by a local agency shall provide an approval process that
17 includes only ministerial provisions for the approval of accessory
18 dwelling units and shall not include any discretionary processes,
19 provisions, or requirements for those units, except as otherwise
20 provided in this subdivision. If a local agency has an existing
21 accessory dwelling unit ordinance that fails to meet the
22 requirements of this subdivision, that ordinance shall be null and
23 void and that agency shall thereafter apply the standards established
24 in this subdivision for the approval of accessory dwelling units,
25 unless and until the agency adopts an ordinance that complies with
26 this section.
27 (5) No other local ordinance, policy, or regulation shall be the
28 basis for the delay or denial of a building permit or a use permit
29 under this subdivision.
30 (6) This subdivision establishes the maximum standards that
31 local agencies shall use to evaluate a proposed accessory dwelling
32 unit on a lot that includes a proposed or existing single-family
33 dwelling. No additional standards, other than those provided in
34 this subdivision, shall be used or imposed, including any
35 owner -occupant requirement, except that a local agency may
36 require that the property be used for rentals of terms longer than
37 30 days.
38 (7) A local agency may amend its zoning ordinance or general
39 plan to incorporate the policies, procedures, or other provisions
98
Packet Pg. 45
SB 773
10.a
1 applicable to the creation of an accessory dwelling unit if these
2 provisions are consistent with the limitations of this subdivision.
3 (8) An accessory dwelling unit that conforms to this subdivision
4 shall be deemed to be an accessory use or an accessory building
5 and shall not be considered to exceed the allowable density for the
6 lot upon which it is located, and shall be deemed to be a residential
7 use that is consistent with the existing general plan and zoning
8 designations for the lot. The accessory dwelling unit shall not be
9 considered in the application of any local ordinance, policy, or
10 program to limit residential growth.
11 (b) When a local agency that has not adopted an ordinance
12 governing accessory dwelling units in accordance with subdivision
13 (a) receives an application for a permit to create an accessory
14 dwelling unit pursuant to this subdivision, the local agency shall
15 approve or disapprove the application ministerially without
16 discretionary review pursuant to subdivision (a). The permitting
17 agency shall act on the application to create an accessory dwelling
18 unit or a junior accessory dwelling unit within 60 days from the
19 date the local agency receives a completed application if there is
20 an existing single-family or multifamily dwelling on the lot. If the
21 permit application to create an accessory dwelling unit or a junior
22 accessory dwelling unit is submitted with a permit application to
23 create a new single-family dwelling on the lot, the permitting
24 agency may delay acting on the permit application for the accessory
25 dwelling unit or the junior accessory dwelling unit until the
26 permitting agency acts on the permit application to create the new
27 single-family dwelling, but the application to create the accessory
28 dwelling unit or junior accessory dwelling unit shall still be
29 considered ministerially without discretionary review or a hearing.
30 If the applicant requests a delay, the 60-day time period shall be
31 tolled for the period of the delay. If the local agency has not acted
32 upon the completed application within 60 days, the application
33 shall be deemed approved.
34 (c) (1) Subject to paragraph (2), a local agency may establish
35 minimum and maximum unit size requirements for both attached
36 and detached accessory dwelling units.
37 (2) Notwithstanding paragraph (1), a local agency shall not
38 establish by ordinance any of the following:
98
Packet Pg. 46
— 7 — SB 773
10.a
1 (A) A minimum square footage requirement for either an
2 attached or detached accessory dwelling unit that prohibits an
3 efficiency unit.
4 (B) A maximum square footage requirement for either an
5 attached or detached accessory dwelling unit that is less than either
6 of the following:
7 (i) 850 square feet.
8 (ii) 1,000 square feet for an accessory dwelling unit that provides
9 more than one bedroom.
10 (C) Any other minimum or maximum size for an accessory
11 dwelling unit, size based upon a percentage of the proposed or
12 existing primary dwelling, or limits on lot coverage, floor area
13 ratio, open space, and minimum lot size, for either attached or
14 detached dwellings that does not permit at least an 800 square foot
15 accessory dwelling unit that is at least 16 feet in height with
16 four -foot side and rear yard setbacks to be constructed in
17 compliance with all other local development standards.
18 (d) Notwithstanding any other law, a local agency, whether or
19 not it has adopted an ordinance governing accessory dwelling units
20 in accordance with subdivision (a), shall not impose parking
21 standards for an accessory dwelling unit in any of the following
22 instances:
23 (1) The accessory dwelling unit is located within one-half mile
24 walking distance of public transit.
25 (2) The accessory dwelling unit is located within an
26 architecturally and historically significant historic district.
27 (3) The accessory dwelling unit is part of the proposed or
28 existing primary residence or an accessory structure.
29 (4) When on -street parking permits are required but not offered
30 to the occupant of the accessory dwelling unit.
31 (5) When there is a car share vehicle located within one block
32 of the accessory dwelling unit.
33 (e) (1) Notwithstanding subdivisions (a) to (d), inclusive, a
34 local agency shall ministerially approve an application for a
35 building permit within a residential or mixed -use zone to create
36 any of the following:
37 (A) One accessory dwelling unites and junior accessory
38 dwelling unit per lot with a proposed or existing single-family
39 dwelling if all of the following apply:
98
Packet Pg. 47
SB 773
10.a
1 (i) The accessory dwelling unit or junior accessory dwelling
2 unit is within the proposed space of a single-family dwelling or
3 existing space of a single-family dwelling or accessory structure
4 and may include an expansion of not more than 150 square feet
5 beyond the same physical dimensions as the existing accessory
6 structure. An expansion beyond the physical dimensions of the
7 existing accessory structure shall be limited to accommodating
8 ingress and egress.
9 (ii) The space has exterior access from the proposed or existing
10 single-family dwelling.
11 (iii) The side and rear setbacks are sufficient for fire and safety.
12 (iv) The junior accessory dwelling unit complies with the
13 requirements of Section 65852.22.
14 (B) One detached, new construction, accessory dwelling unit
15 that does not exceed four -foot side and rear yard setbacks for a lot
16 with a proposed or existing single-family dwelling. The accessory
17 dwelling unit may be combined with a junior accessory dwelling
18 unit described in subparagraph (A). A local agency may impose
19 the following conditions on the accessory dwelling unit:
20 (i) A total floor area limitation of not more than 800 square feet.
21 (ii) A height limitation of 16 feet.
22 (C) (i) Multiple accessory dwelling units within the portions
23 of existing multifamily dwelling structures that are not used as
24 livable space, including, but not limited to, storage rooms, boiler
25 rooms, passageways, attics, basements, or garages, if each unit
26 complies with state building standards for dwellings.
27 (ii) A local agency shall allow at least one accessory dwelling
28 unit within an existing multifamily dwelling and shall allow up to
29 25 percent of the existing multifamily dwelling units.
30 (D) Not more than two accessory dwelling units that are located
31 on a lot that has an existing multifamily dwelling, but are detached
32 from that multifamily dwelling and are subject to a height limit of
33 16 feet and four -foot rear yard and side setbacks.
34 (2) A local agency shall not require, as a condition for ministerial
35 approval of a permit application for the creation of an accessory
36 dwelling unit or a junior accessory dwelling unit, the correction
37 of nonconforming zoning conditions.
38 (3) The installation of fire sprinklers shall not be required in an
39 accessory dwelling unit if sprinklers are not required for the
40 primary residence.
98
Packet Pg. 48
— 9 — SB 773
10.a
1 (4) A local agency shall require that a rental of the accessory
2 dwelling unit created pursuant to this subdivision be for a term
3 longer than 30 days.
4 (5) A local agency may require, as part of the application for a
5 permit to create an accessory dwelling unit connected to an onsite
6 water treatment system, a percolation test completed within the
7 last five years, or, if the percolation test has been recertified, within
8 the last 10 years.
9 (6) Notwithstanding subdivision (c) and paragraph (1) a local
10 agency that has adopted an ordinance by July 1, 2018, providing
II for the approval of accessory dwelling units in multifamily
12 dwelling structures shall ministerially consider a permit application
13 to construct an accessory dwelling unit that is described in
14 paragraph (1), and may impose standards including, but not limited
15 to, design, development, and historic standards on said accessory
16 dwelling units. These standards shall not include requirements on
17 minimum lot size.
18 (f) (1) Fees charged for the construction of accessory dwelling
19 units shall be determined in accordance with Chapter 5
20 (commencing with Section 66000) and Chapter 7 (commencing
21 with Section 66012).
22 (2) An accessory dwelling unit shall not be considered by a
23 local agency, special district, or water corporation to be a new
24 residential use for purposes of calculating connection fees or
25 capacity charges for utilities, including water and sewer service,
26 unless the accessory dwelling unit was constructed with a new
27 single-family dwelling.
28 (3) (A) A local agency, special district, or water corporation
29 shall not impose any impact fee upon the development of an
30 accessory dwelling unit less than 750 square feet. Any impact fees
31 charged for an accessory dwelling unit of 750 square feet or more
32 shall be charged proportionately in relation to the square footage
33 of the primary dwelling unit.
34 (B) For purposes of this paragraph, "impact fee" has the same
35 meaning as the term "fee" is defined in subdivision (b) of Section
36 66000, except that it also includes fees specified in Section 66477.
37 "Impact fee" does not include any connection fee or capacity
38 charge charged by a local agency, special district, or water
39 corporation.
98
Packet Pg. 49
SB 773 —10 —
10.a
1 (4) For an accessory dwelling unit described in subparagraph
2 (A) of paragraph (1) of subdivision (e), a local agency, special
3 district, or water corporation shall not require the applicant to
4 install a new or separate utility connection directly between the
5 accessory dwelling unit and the utility or impose a related
6 connection fee or capacity charge, unless the accessory dwelling
7 unit was constructed with a new single-family home.
8 (5) For an accessory dwelling unit that is not described in
9 subparagraph (A) of paragraph (1) of subdivision (e), a local
10 agency, special district, or water corporation may require a new
11 or separate utility connection directly between the accessory
12 dwelling unit and the utility. Consistent with Section 66013, the
13 connection may be subject to a connection fee or capacity charge
14 that shall be proportionate to the burden of the proposed accessory
15 dwelling unit, based upon either its square feet or the number of
16 its drainage fixture unit (DFU) values, as defined in the Uniform
17 Plumbing Code adopted and published by the International
18 Association of Plumbing and Mechanical Officials, upon the water
19 or sewer system. This fee or charge shall not exceed the reasonable
20 cost of providing this service.
21 (g) This section does not limit the authority of local agencies
22 to adopt less restrictive requirements for the creation of an
23 accessory dwelling unit.
24 (h) (1) A local agency shall submit a copy of the ordinance
25 adopted pursuant to subdivision (a) to the Department of Housing
26 and 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.
30 (2) (A) If the department finds that the local agency's ordinance
31 does not comply with this section, the department shall notify the
32 local agency and shall provide the local agency with a reasonable
33 time, no longer than 30 days, to respond to the findings before
34 taking any other action authorized by this section.
35 (B) The local agency shall consider the findings made by the
36 department pursuant to subparagraph (A) and shall do one of the
37 following:
38 (i) Amend the ordinance to comply with this section.
39 (ii) Adopt the ordinance without changes. The local agency
40 shall include findings in its resolution adopting the ordinance that
98
Packet Pg. 50
—11— SB 773
10.a
1 explain the reasons the local agency believes that the ordinance
2 complies with this section despite the findings of the department.
3 (3) (A) If the local agency does not amend its ordinance in
4 response to the department's findings or does not adopt a resolution
5 with findings explaining the reason the ordinance complies with
6 this section and addressing the department's findings, the
7 department shall notify the local agency and may notify the
8 Attorney General that the local agency is in violation of state law.
9 (B) Before notifying the Attorney General that the local agency
10 is in violation of state law, the department may consider whether
11 a local agency adopted an ordinance in compliance with this section
12 between January 1, 2017, and January 1, 2020.
13 (i) The department may review, adopt, amend, or repeal
14 guidelines to implement uniform standards or criteria that
15 supplement or clarify the terms, references, and standards set forth
16 in this section. The guidelines adopted pursuant to this subdivision
17 are not subject to Chapter 3.5 (commencing with Section 11340)
18 of Part 1 of Division 3 of Title 2.
19 0) As used in this section, the following terms mean:
20 (1) "Accessory dwelling unit" means an attached or a detached
21 residential dwelling unit that provides complete independent living
22 facilities for one or more persons and is located on a lot with a
23 proposed or existing primary residence. It shall include permanent
24 provisions for living, sleeping, eating, cooking, and sanitation on
25 the same parcel as the single-family or multifamily dwelling is or
26 will be situated. An accessory dwelling unit also includes the
27 following:
28 (A) An efficiency unit.
29 (B) A manufactured home, as defined in Section 18007 of the
30 Health and Safety Code.
31 (2) "Accessory structure" means a structure that is accessory
32 and incidental to a dwelling located on the same lot.
33 (3) "Efficiency unit" has the same meaning as defined in Section
34 17958.1 of the Health and Safety Code.
35 (4) "Living area" means the interior habitable area of a dwelling
36 unit, including basements and attics, but does not include a garage
37 or any accessory structure.
38 (5) "Local agency" means a city, county, or city and county,
39 whether general law or chartered.
98
Packet Pg. 51
SB 773 —12 —
10.a
1 (6) "Neighborhood" has the same meaning as set forth in Section
2 65589.5.
3 (7) "Nonconforming zoning condition" means a physical
4 improvement on a property that does not conform with current
5 zoning standards.
6 (8) "Passageway" means a pathway that is unobstructed clear
7 to the sky and extends from a street to one entrance of the accessory
8 dwelling unit.
9 (9) "Proposed dwelling" means a dwelling that is the subject of
10 a permit application and that meets the requirements for permitting.
11 (10) "Public transit" means a location, including, but not limited
12 to, a bus stop or train station, where the public may access buses,
13 trains, subways, and other forms of transportation that charge set
14 fares, run on fixed routes, and are available to the public.
15 (11) "Tandem parking" means that two or more automobiles
16 are parked on a driveway or in any other location on a lot, lined
17 up behind one another.
18 (k) A local agency shall not issue a certificate of occupancy for
19 an accessory dwelling unit before the local agency issues a
20 certificate of occupancy for the primary dwelling.
21 (/) Nothing in this section shall be construed to supersede or in
22 any way alter or lessen the effect or application of the California
23 Coastal Act of 1976 (Division 20 (commencing with Section
24 30000) of the Public Resources Code), except that the local
25 government shall not be required to hold public hearings for coastal
26 development permit applications for accessory dwelling units.
27 (m) A local agency may count an accessory dwelling unit for
28 purposes of identifying adequate sites for housing, as specified in
29 subdivision (a) of Section 65583.1, subject to authorization by the
30 department and compliance with this division.
31 (n) In enforcing building standards pursuant to Article 1
32 (commencing with Section 17960) of Chapter 5 of Part 1.5 of
33 Division 13 of the Health and Safety Code for an accessory
34 dwelling unit described in paragraph (1) or (2) below, a local
35 agency, upon request of an owner of an accessory dwelling unit
36 for a delay in enforcement, shall delay enforcement of a building
37 standard, subject to compliance with Section 17980.12 of the
38 Health and Safety Code:
39 (1) The accessory dwelling unit was built before January 1,
40 2020.
98
Packet Pg. 52
—13 — SB 773
10.a
1 (2) The accessory dwelling unit was built on or after January
2 1, 2020, in a local jurisdiction that, at the time the accessory
3 dwelling unit was built, had a noncompliant accessory dwelling
4 unit ordinance, but the ordinance is compliant at the time the
5 request is made.
6 (o) This section shall remain in effect only until January 1, 2025,
7 and as of that date is repealed.
8 SEC. 2. Section 65852.2 of the Government Code, as added
9 by Section 2.5 of Chapter 659 of the Statutes of 2019, is amended
10 to read.•
11 65852.2. (a) (1) A local agency may, by ordinance, provide
12 for the creation of accessory dwelling units in areas zoned to allow
13 single-family or multifamily dwelling residential use. The
14 ordinance shall do all of the following:
15 (A) Designate areas within the jurisdiction of the local agency
16 where accessory dwelling units may be permitted. The designation
17 of areas may be based on the adequacy of water and sewer services
18 and the impact of accessory dwelling units on traffic flow and
19 public safety. A local agency that does not provide water or sewer
20 services shall consult with the local water or sewer service provider
21 regarding the adequacy of water and sewer services before
22 designating an area where accessory dwelling units may be
23 permitted.
24 (B) (i) Impose standards on accessory dwelling units that
25 include, but are not limited to, parking, height, setback, landscape,
26 architectural review, maximum size of a unit, and standards that
27 prevent adverse impacts on any real property that is listed in the
28 California Register of Historic Resources. These standards shall
29 not include requirements on minimum lot size.
30 (ii) Notwithstanding clause (i), a local agency may reduce or
31 eliminate parking requirements for any accessory dwelling unit
32 located within its jurisdiction.
33 (C) Provide that accessory dwelling units do not exceed the
34 allowable density for the lot upon which the accessory dwelling
35 unit is located, and that accessory dwelling units are a residential
36 use that is consistent with the existing general plan and zoning
37 designation for the lot.
38 (D) Require the accessory dwelling units to comply with all of
39 the following:
98
Packet Pg. 53
SB 773 —14 —
10.a
1 (i) The accessory dwelling unit may be rented separate from
2 the primary residence, but may not be sold or otherwise conveyed
3 separate from the primary residence.
4 (ii) The lot is zoned to allow single-family or multifamily
5 dwelling residential use and includes a proposed or existing
6 dwelling.
7 (iii) The accessory dwelling unit is either attached to, or located
8 within, the proposed or existing primary dwelling, including
9 attached garages, storage areas or similar uses, or an accessory
10 structure or detached from the proposed or existing primary
11 dwelling and located on the same lot as the proposed or existing
12 primary dwelling.
13 (iv) If there is an existing primary dwelling, the total floor area
14 of an attached accessory dwelling unit shall not exceed 50 percent
15 of the existing primary dwelling.
16 (v) The total floor area for a detached accessory dwelling unit
17 shall not exceed 1,200 square feet.
18 (vi) No passageway shall be required in conjunction with the
19 construction of an accessory dwelling unit.
20 (vii) No setback shall be required for an existing living area or
21 accessory structure or a structure constructed in the same location
22 and to the same dimensions as an existing structure that is
23 converted to an accessory dwelling unit or to a portion of an
24 accessory dwelling unit, and a setback of no more than four feet
25 from the side and rear lot lines shall be required for an accessory
26 dwelling unit that is not converted from an existing structure or a
27 new structure constructed in the same location and to the same
28 dimensions as an existing structure.
29 (viii) Local building code requirements that apply to detached
30 dwellings, as appropriate.
31 (ix) Approval by the local health officer where a private sewage
32 disposal system is being used, if required.
33 (x) (I) Parking requirements for accessory dwelling units shall
34 not exceed one parking space per accessory dwelling unit or per
35 bedroom, whichever is less. These spaces may be provided as
36 tandem parking on a driveway.
37 (II) Offstreet parking shall be permitted in setback areas in
38 locations determined by the local agency or through tandem
39 parking, unless specific findings are made that parking in setback
98
Packet Pg. 54
—15 — SB 773
10.a
1 areas or tandem parking is not feasible based upon specific site or
2 regional topographical or fire and life safety conditions.
3 (111) This clause shall not apply to an accessory dwelling unit
4 that is described in subdivision (d).
5 (xi) When a garage, carport, or covered parking structure is
6 demolished in conjunction with the construction of an accessory
7 dwelling unit or converted to an accessory dwelling unit, the local
8 agency shall not require that those offstreet parking spaces be
9 replaced.
10 (xii) Accessory dwelling units shall not be required to provide
11 fire sprinklers if they are not required for the primary residence.
12 (2) The ordinance shall not be considered in the application of
13 any local ordinance, policy, or program to limit residential growth.
14 (3) A permit application for an accessory dwelling unit or a
15 junior accessory dwelling unit shall be considered and approved
16 ministerially without discretionary review or a hearing,
17 notwithstanding Section 65901 or 65906 or any local ordinance
18 regulating the issuance of variances or special use permits. The
19 permitting agency shall act on the application to create an accessory
20 dwelling unit or a junior accessory dwelling unit within 60 days
21 from the date the local agency receives a completed application if
22 there is an existing single-family or multifamily dwelling on the
23 lot. If the permit application to create an accessory dwelling unit
24 or a junior accessory dwelling unit is submitted with a permit
25 application to create a new single-family dwelling on the lot, the
26 permitting agency may delay acting on the permit application for
27 the accessory dwelling unit or the junior accessory dwelling unit
28 until the permitting agency acts on the permit application to create
29 the new single-family dwelling, but the application to create the
30 accessory dwelling unit or junior accessory dwelling unit shall be
31 considered without discretionary review or hearing. If the applicant
32 requests a delay, the 60-day time period shall be tolled for the
33 period of the delay. If the local agency has not acted upon the
34 completed application within 60 days, the application shall he
35 deemed approved. A local agency may charge a fee to reimburse
36 it for costs incurred to implement this paragraph, including the
37 costs of adopting or amending any ordinance that provides for the
38 creation of an accessory dwelling unit.
39 (4) An existing ordinance governing the creation of an accessory
40 dwelling unit by a local agency or an accessory dwelling ordinance
98
Packet Pg. 55
SB 773 —16 —
10.a
1 adopted by a local agency shall provide an approval process that
2 includes only ministerial provisions for the approval of accessory
3 dwelling units and shall not include any discretionary processes,
4 provisions, or requirements for those units, except as otherwise
5 provided in this subdivision. If a local agency has an existing
6 accessory dwelling unit ordinance that fails to meet the
7 requirements of this subdivision, that ordinance shall be null and
8 void and that agency shall thereafter apply the standards established
9 in this subdivision for the approval of accessory dwelling units,
10 unless and until the agency adopts on ordinance that complies with
11 this section.
12 (5) No other local ordinance, policy, or regulation shall be the
13 basis for the delay or denial of a building permit or a use permit
14 under this subdivision.
15 (6) (A) This subdivision establishes the maximum standards
16 that local agencies shall use to evaluate a proposed accessory
17 dwelling unit on a lot that includes a proposed or existing
18 single-family dwelling. No additional standards, other than those
19 provided in this subdivision, shall be used or imposed except that,
20 subject to subparagraph (B), a local agency may require an
21 applicant for a permit issued pursuant to this subdivision to be an
22 owner -occupant or that the property be used for rentals of terms
23 longer than 30 days.
24 (B) Notwithstanding subparagraph (A), a local agency shall not
25 impose an owner -occupant requirement on an accessory dwelling
26 unit permitted between January 1, 2020, to January 1, 2025, during
27 which time the local agency was prohibited from imposing an
28 owner -occupant requirement.
29 (7) A local agency may amend its zoning ordinance or general
30 plan to incorporate the policies, procedures, or other provisions
31 applicable to the creation of an accessory dwelling unit if these
32 provisions are consistent with the limitations of this subdivision.
33 (8) An accessory dwelling unit that conforms to this subdivision
34 shall be deemed to be an accessory use or an accessory building
35 and shall not be considered to exceed the allowable density for the
36 lot upon which it is located, and shall be deemed to be a residential
37 use that is consistent with the existing general plan and zoning
38 designations for the lot. The accessory dwelling unit shall not be
39 considered in the application of any local ordinance, policy, or
40 program to limit residential growth.
98
Packet Pg. 56
—17 — SB 773
10.a
1 (b) When a local agency that has not adopted an ordinance
2 governing accessory dwelling units in accordance with subdivision
3 (a) receives an application for a permit to create an accessory
4 dwelling unit pursuant to this subdivision, the local agency shall
5 approve or disapprove the application ministerially without
6 discretionary review pursuant to subdivision (a). The permitting
7 agency shall act on the application to create an accessory dwelling
8 unit or a junior accessory dwelling unit within 60 days from the
9 date the local agency receives a completed application if there is
10 an existing single-family or multifamily dwelling on the lot. If the
11 permit application to create an accessory dwelling unit or a junior
12 accessory dwelling unit is submitted with a permit application to
13 create a new single-family dwelling on the lot, the permitting
14 agency may delay acting on the permit application for the accessory
15 dwelling unit or the junior accessory dwelling unit until the
16 permitting agency acts on the permit application to create the new
17 single-family dwelling, but the application to create the accessory
18 dwelling unit or junior accessory dwelling unit shall still be
19 considered ministerially without discretionary review or a hearing.
20 If the applicant requests a delay, the 60-day time period shall be
21 tolled for the period of the delay. If the local agency has not acted
22 upon the completed application within 60 days, the application
23 shall be deemed approved.
24 (c) (1) Subject to paragraph (2), a local agency may establish
25 minimum and maximum unit size requirements for both attached
26 and detached accessory dwelling units.
27 (2) Notwithstanding paragraph (1), a local agency shall not
28 establish by ordinance any of the following:
29 (A) A minimum square footage requirement for either an
30 attached or detached accessory dwelling unit that prohibits an
31 efficiency unit.
32 (B) A maximum square footage requirement for either an
33 attached or detached accessory dwelling unit that is less than either
34 of the following:
35 (i) 850 square feet.
36 (ii) 1,000 square feet for an accessory dwelling unit that provides
37 more than one bedroom.
38 (C) Any other minimum or maximum size for an accessory
39 dwelling unit, size based upon a percentage of the proposed or
40 existing primary dwelling, or limits on lot coverage, floor area
98
Packet Pg. 57
SB 773 —18 —
10.a
1 ratio, open space, and minimum lot size, for either attached or
2 detached dwellings that does not permit at least an 800 square foot
3 accessory dwelling unit that is at least 16 feet in height with
4 four -foot side and rear yard setbacks to be constructed in
5 compliance with all other local development standards.
6 (d) Notwithstanding any other law, a local agency, whether or
7 not it has adopted an ordinance governing accessory dwelling units
8 in accordance with subdivision (a), shall not impose parking
9 standards for an accessory dwelling unit in any of the following
10 instances:
11 (1) The accessory dwelling unit is located within one-half mile
12 walking distance of public transit.
13 (2) The accessory dwelling unit is located within an
14 architecturally and historically significant historic district.
15 (3) The accessory dwelling unit is part of the proposed or
16 existing primary residence or an accessory structure.
17 (4) When on -street parking permits are required but not offered
18 to the occupant of the accessory dwelling unit.
19 (5) When there is a car share vehicle located within one block
20 of the accessory dwelling unit.
21 (e) (1) Notwithstanding subdivisions (a) to (d), inclusive, a
22 local agency shall ministerially approve an application for a
23 building permit within a residential or mixed -use zone to create
24 any of the following:
25 (A) One accessory dwelling unites and junior accessory
26 dwelling unit per lot with a proposed or existing single-family
27 dwelling if all of the following apply:
28 (i) The accessory dwelling unit or junior accessory dwelling
29 unit is within the proposed space of a single-family dwelling or
30 existing space of a single-family dwelling or accessory structure
31 and may include an expansion of not more than 150 square feet
32 beyond the same physical dimensions as the existing accessory
33 structure. An expansion beyond the physical dimensions of the
34 existing accessory structure shall be limited to accommodating
35 ingress and egress.
36 (ii) The space has exterior access from the proposed or existing
37 single-family dwelling.
38 (iii) The side and rear setbacks are sufficient for fire and safety.
39 (iv) The junior accessory dwelling unit complies with the
40 requirements of Section 65852.22.
98
Packet Pg. 58
—19 — SB 773
10.a
1 (B) One detached, new construction, accessory dwelling unit
2 that does not exceed four -foot side and rear yard setbacks for a lot
3 with a proposed or existing single-family dwelling. The accessory
4 dwelling unit may be combined with a junior accessory dwelling
5 unit described in subparagraph (A). A local agency may impose
6 the following conditions on the accessory dwelling unit:
7 (i) A total floor area limitation of not more than 800 square feet.
8 (ii) A height limitation of 16 feet.
9 (C) (i) Multiple accessory dwelling units within the portions
10 of existing multifamily dwelling structures that are not used as
11 livable space, including, but not limited to, storage rooms, boiler
12 rooms, passageways, attics, basements, or garages, if each unit
13 complies with state building standards for dwellings.
14 (ii) A local agency shall allow at least one accessory dwelling
15 unit within an existing multifamily dwelling ands shall allow
16 up to 25 percent of the existing multifamily dwelling units.
17 (D) Not more than two accessory dwelling units that are located
18 on a lot that has an existing multifamily dwelling, but are detached
19 from that multifamily dwelling and are subject to a height limit of
20 16 feet and four -foot rear yard and side setbacks.
21 (2) A local agency shall not require, as a condition for ministerial
22 approval of a permit application for the creation of an accessory
23 dwelling unit or a junior accessory dwelling unit, the correction
24 of nonconforming zoning conditions.
25 (3) The installation of fire sprinklers shall not be required in an
26 accessory dwelling unit if sprinklers are not required for the
27 primary residence.
28 (4) A local agency may require owner occupancy for either the
29 primary dwelling or the accessory dwelling unit on a single-family
30 lot, subject to the requirements of paragraph (6) of subdivision (a).
31 (5) A local agency shall require that a rental of the accessory
32 dwelling unit created pursuant to this subdivision be for a term
33 longer than 30 days.
34 (6) A local agency may require, as part of the application for a
35 permit to create an accessory dwelling unit connected to an onsite
36 water treatment system, a percolation test completed within the
37 last five years, or, if the percolation test has been recertified, within
38 the last 10 years.
39 (7) Notwithstanding subdivision (c) and paragraph (1) a local
40 agency that has adopted an ordinance by July 1, 2018, providing
98
Packet Pg. 59
SB 773 — 20 —
10.a
1 for the approval of accessory dwelling units in multifamily
2 dwelling structures shall ministerially consider a permit application
3 to construct an accessory dwelling unit that is described in
4 paragraph (1), and may impose standards including, but not limited
5 to, design, development, and historic standards on said accessory
6 dwelling units. These standards shall not include requirements on
7 minimum lot size.
8 (f) (1) Fees charged for the construction of accessory dwelling
9 units shall be determined in accordance with Chapter 5
10 (commencing with Section 66000) and Chapter 7 (commencing
11 with Section 66012).
12 (2) An accessory dwelling unit shall not be considered by a
13 local agency, special district, or water corporation to be a new
14 residential use for purposes of calculating connection fees or
15 capacity charges for utilities, including water and sewer service,
16 unless the accessory dwelling unit was constructed with a new
17 single-family dwelling.
18 (3) (A) A local agency, special district, or water corporation
19 shall not impose any impact fee upon the development of an
20 accessory dwelling unit less than 750 square feet. Any impact fees
21 charged for an accessory dwelling unit of 750 square feet or more
22 shall be charged proportionately in relation to the square footage
23 of the primary dwelling unit.
24 (B) For purposes of this paragraph, "impact fee" has the same
25 meaning as the term "fee" is defined in subdivision (b) of Section
26 66000, except that it also includes fees specified in Section 66477.
27 "Impact fee" does not include any connection fee or capacity
28 charge charged by a local agency, special district, or water
29 corporation.
30 (4) For an accessory dwelling unit described in subparagraph
31 (A) of paragraph (1) of subdivision (e), a local agency, special
32 district, or water corporation shall not require the applicant to
33 install a new or separate utility connection directly between the
34 accessory dwelling unit and the utility or impose a related
35 connection fee or capacity charge, unless the accessory dwelling
36 unit was constructed with a new single-family dwelling.
37 (5) For an accessory dwelling unit that is not described in
38 subparagraph (A) of paragraph (1) of subdivision (e), a local
39 agency, special district, or water corporation may require a new
40 or separate utility connection directly between the accessory
98
Packet Pg. 60
— 21— SB 773
10.a
I dwelling unit and the utility. Consistent with Section 66013, the
2 connection may be subject to a connection fee or capacity charge
3 that shall be proportionate to the burden of the proposed accessory
4 dwelling unit, based upon either its square feet or the number of
5 its drainage fixture unit (DFU) values, as defined in the Uniform
6 Plumbing Code adopted and published by the International
7 Association of Plumbing and Mechanical Officials, upon the water
8 or sewer system. This fee or charge shall not exceed the reasonable
9 cost of providing this service.
10 (g) This section does not limit the authority of local agencies
II to adopt less restrictive requirements for the creation of an
12 accessory dwelling unit.
13 (h) (1) A local agency shall submit a copy of the ordinance
14 adopted pursuant to subdivision (a) to the Department of Housing
15 and Community Development within 60 days after adoption. After
16 adoption of an ordinance, the department may submit written
17 findings to the local agency as to whether the ordinance complies
18 with this section.
19 (2) (A) If the department finds that the local agency's ordinance
20 does not comply with this section, the department shall notify the
21 local agency and shall provide the local agency with a reasonable
22 time, no longer than 30 days, to respond to the findings before
23 taking any other action authorized by this section.
24 (B) The local agency shall consider the findings made by the
25 department pursuant to subparagraph (A) and shall do one of the
26 following:
27 (i) Amend the ordinance to comply with this section.
28 (ii) Adopt the ordinance without changes. The local agency
29 shall include findings in its resolution adopting the ordinance that
30 explain the reasons the local agency believes that the ordinance
31 complies with this section despite the findings of the department.
32 (3) (A) If the local agency does not amend its ordinance in
33 response to the department's findings or does not adopt a resolution
34 with findings explaining the reason the ordinance complies with
35 this section and addressing the department's findings, the
36 department shall notify the local agency and may notify the
37 Attorney General that the local agency is in violation of state law.
38 (B) Before notifying the Attorney General that the local agency
39 is in violation of state law, the department may consider whether
98
Packet Pg. 61
SB 773 — 22 —
10.a
1 a local agency adopted an ordinance in compliance with this section
2 between January 1, 2017, and January 1, 2020.
3 (i) The department may review, adopt, amend, or repeal
4 guidelines to implement uniform standards or criteria that
5 supplement or clarify the terms, references, and standards set forth
6 in this section. The guidelines adopted pursuant to this subdivision
7 are not subject to Chapter 3.5 (commencing with Section 11340)
8 of Part 1 of Division 3 of Title 2.
9 0) As used in this section, the following terms mean:
10 (1) "Accessory dwelling unit" means an attached or a detached
11 residential dwelling unit that provides complete independent living
12 facilities for one or more persons and is located on a lot with a
13 proposed or existing primary residence. It shall include permanent
14 provisions for living, sleeping, eating, cooking, and sanitation on
15 the same parcel as the single-family or multifamily dwelling is or
16 will be situated. An accessory dwelling unit also includes the
17 following:
18 (A) An efficiency unit.
19 (B) A manufactured home, as defined in Section 18007 of the
20 Health and Safety Code.
21 (2) "Accessory structure" means a structure that is accessory
22 and incidental to a dwelling located on the same lot.
23 (3) "Efficiency unit" has the same meaning as defined in Section
24 17958.1 of the Health and Safety Code.
25 (4) "Living area" means the interior habitable area of a dwelling
26 unit, including basements and attics, but does not include a garage
27 or any accessory structure.
28 (5) "Local agency" means a city, county, or city and county,
29 whether general law or chartered.
30 (6) "Neighborhood" has the same meaning as set forth in Section
31 65589.5.
32 (A) An efficiency unit, as defined in Section 17958.1 of the
33 Health and Safety Code.
34 (B) A manufactured home, as defined in Section 18007 of the
35 Health and Safety Code.
36 (7) "Nonconforming zoning condition" means a physical
37 improvement on a property that does not conform with current
38 zoning standards.
98
Packet Pg. 62
— 23 — SB 773
10.a
1 (8) "Passageway" means a pathway that is unobstructed clear
2 to the sky and extends from a street to one entrance of the accessory
3 dwelling unit.
4 (9) "Proposed dwelling" means a dwelling that is the subject of
5 a permit application and that meets the requirements for permitting.
6 (10) "Public transit" means a location, including, but not limited
7 to, a bus stop or train station, where the public may access buses,
8 trains, subways, and other forms of transportation that charge set
9 fares, run on fixed routes, and are available to the public.
10 (11) "Tandem parking" means that two or more automobiles
11 are parked on a driveway or in any other location on a lot, lined
12 up behind one another.
13 (k) A local agency shall not issue a certificate of occupancy for
14 an accessory dwelling unit before the local agency issues a
15 certificate of occupancy for the primary dwelling.
16 (/) Nothing in this section shall be construed to supersede or in
17 any way alter or lessen the effect or application of the California
18 Coastal Act of 1976 (Division 20 (commencing with Section
19 30000) of the Public Resources Code), except that the local
20 government shall not be required to hold public hearings for coastal
21 development permit applications for accessory dwelling units.
22 (m) A local agency may count an accessory dwelling unit for
23 purposes of identifying adequate sites for housing, as specified in
24 subdivision (a) of Section 65583.1, subject to authorization by the
25 department and compliance with this division.
26 (n) In enforcing building standards pursuant to Article 1
27 (commencing with Section 17960) of Chapter 5 of Part 1.5 of
28 Division 13 of the Health and Safety Code for an accessory
29 dwelling unit described in paragraph (1) or (2) below, a local
30 agency, upon request of an owner of an accessory dwelling unit
31 for a delay in enforcement, shall delay enforcement of a building
32 standard, subject to compliance with Section 17980.12 of the
33 Health and Safety Code:
34 (1) The accessory dwelling unit was built before January 1,
35 2020.
36 (2) The accessory dwelling unit was built on or after January
37 1, 2020, in a local jurisdiction that, at the time the accessory
38 dwelling unit was built, had a noncompliant accessory dwelling
39 unit ordinance, but the ordinance is compliant at the time the
40 request is made.
98
Packet Pg. 63
SB 773 — 24 —
10.a
1 (o) This section shall become operative on January 1, 2025.
2 SEC. 3. The Legislature finds and declares that Sections I and
3 2 of this act amending Section 65852.2 of the Government Code
4 address a matter of statewide concern rather than a municipal
5 affair as that term is used in Section 5 of Article XI of the
6 California Constitution. Therefore, Sections I and 2 of this act
7 apply to all cities, including charter cities.
8 SEC. 4. No reimbursement is required by this act pursuant to
9 Section 6 of ArticleXIIIB of the California Constitution because
10 a local agency or school district has the authority to levy service
11 charges, fees, or assessments sufficient to pay for the program or
12 level of service mandated by this act, within the meaning of Section
13 17556 of the Government Code.
15 amended to read.!
CL�S I,
16
17 eorporation to revise, as tteeessarr,
18
19
20
x
98
Packet Pg. 64