HomeMy WebLinkAbout2020-04-28 - AGENDA REPORTS - STATE LEGISLATION: AB 953 (2)Agenda Item: 12
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CITY OF SANTA CLARITA AGENDA REPORT
CONSENT CALENDAR
CITY MANAGER APPROVAL:1
DATE: April 28, 2020
SUBJECT: STATE LEGISLATION: ASSEMBLY BILL 953
DEPARTMENT: City Manager's Office
PRESENTER: Masis Hagobian
RECOMMENDED ACTION
City Council adopt the City Council Legislative Committee recommendation to oppose
Assembly Bill 953 (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 Phil Ting (D-19-San Francisco), Assembly Bill 953 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 ADU's 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
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into law by the Governor, including preemptions to local authority regarding parking, lot size,
and approval processes for ADUs and JADUs.
Assembly Bill 953, 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
Senate, Senate Bill 773 (Skinner), which was unanimously approved in the Senate (39-0) on
January 27, 2020. Senate Bill 773 is pending assignment to a policy committee in the Assembly.
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."
Assembly Bill 953 was introduced on December 3, 2018, and approved by the Assembly (76-0-
4) on January 30, 2020. Assembly Members Smith and Lackey voted in support of this bill on
the Assembly Floor. This bill is in the Senate Rules Committee 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 Assembly Bill 953.
ALTERNATIVE ACTION
1. Adopt a "neutral" position on Assembly Bill 953
2. Adopt a "support" position on Assembly Bill 953
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3. Take no action on Assembly Bill 953
4. Refer Assembly Bill 953 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
AB 953 - Bill Text
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12.a
AMENDED IN ASSEMBLY JANUARY 6, 2020
CALIFORNIA LEGISLATURE-2019-20 REGULAR SESSION
ASSEMBLY BILL
No. 953
Introduced by Assembly Members Ting and McCarty Bloom
(Principal coauthor: Senator Wieckowski)
February 21, 2019
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Seetion 340-25-of-, and to add Seetion 34015.5%, `��eb'enue an
taxation.Taxation Code, relating to An act to amend Section 65852.2
of the Government Code, relating to land use.
LEGISLATIVE COUNSEL'S DIGEST
AB 953, as amended, Ting. Cannabis! state and loeal taxes.! paym
by digital 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.
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AB 953 — 2 —
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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
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.
Existing law authorizes the legislative bo(4y of a eity att(4 the boat!
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Vote: majority. Appropriation: no. Fiscal committee: yes.
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 readi
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
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1 public safety. A local agency that does not provide water or sewer
2 services shall consult with the local water or sewer service provider
3 regarding the adequacy of water and sewer services before
4 designating an area where accessory dwelling units may be
5 permitted.
6 (B) (i) Impose standards on accessory dwelling units that
7 include, but are not limited to, parking, height, setback, landscape,
8 architectural review, maximum size of a unit, and standards that
9 prevent adverse impacts on any real property that is listed in the
10 California Register of Historic Resources. These standards shall
11 not include requirements on minimum lot size.
12 (ii) Notwithstanding clause (i), a local agency may reduce or
13 eliminate parking requirements for any accessory dwelling unit
14 located within its jurisdiction.
15 (C) Provide that accessory dwelling units do not exceed the
16 allowable density for the lot upon which the accessory dwelling
17 unit is located, and that accessory dwelling units are a residential
18 use that is consistent with the existing general plan and zoning
19 designation for the lot.
20 (D) Require the accessory dwelling units to comply with all of
21 the following:
22 (i) The accessory dwelling unit may be rented separate from
23 the primary residence, but may not be sold or otherwise conveyed
24 separate from the primary residence.
25 (ii) The lot is zoned to allow single-family or multifamily
26 dwelling residential use and includes a proposed or existing
27 dwelling.
28 (iii) The accessory dwelling unit is either attached to, or located
29 within, the proposed or existing primary dwelling, including
30 attached garages, storage areas or similar uses, or an accessory
31 structure or detached from the proposed or existing primary
32 dwelling and located on the same lot as the proposed or existing
33 primary dwelling.
34 (iv) If there is an existing primary dwelling, the total floor area
35 of an attached accessory dwelling unit shall not exceed 50 percent
36 of the existing primary dwelling.
37 (v) The total floor area for a detached accessory dwelling unit
38 shall not exceed 1,200 square feet.
39 (vi) No passageway shall be required in conjunction with the
40 construction of an accessory dwelling unit.
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1 (vii) No setback shall be required for an existing living area or
2 accessory structure or a structure constructed in the same location
3 and to the same dimensions as an existing structure that is
4 converted to an accessory dwelling unit or to a portion of an
5 accessory dwelling unit, and a setback of no more than four feet
6 from the side and rear lot lines shall be required for an accessory
7 dwelling unit that is not converted from an existing structure or a
8 new structure constructed in the same location and to the same
9 dimensions as an existing structure.
10 (viii) Local building code requirements that apply to detached
11 dwellings, as appropriate.
12 (ix) Approval by the local health officer where a private sewage
13 disposal system is being used, if required.
14 (x) (1) Parking requirements for accessory dwelling units shall
15 not exceed one parking space per accessory dwelling unit or per
16 bedroom, whichever is less. These spaces may be provided as
17 tandem parking on a driveway.
18 (11) Offstreet parking shall be permitted in setback areas in
19 locations determined by the local agency or through tandem
20 parking, unless specific findings are made that parking in setback
21 areas or tandem parking is not feasible based upon specific site or
22 regional topographical or fire and life safety conditions.
23 (111) This clause shall not apply to an accessory dwelling unit
24 that is described in subdivision (d).
25 (xi) When a garage, carport, or covered parking structure is
26 demolished in conjunction with the construction of an accessory
27 dwelling unit or converted to an accessory dwelling unit, the local
28 agency shall not require that those offstreet parking spaces be
29 replaced.
30 (xii) Accessory dwelling units shall not be required to provide
31 fire sprinklers if they are not required for the primary residence.
32 (2) The ordinance shall not be considered in the application of
33 any local ordinance, policy, or program to limit residential growth.
34 (3) A permit application for an accessory dwelling unit or a
35 junior accessory dwelling unit shall be considered and approved
36 ministerially without discretionary review or a hearing,
37 notwithstanding Section 65901 or 65906 or any local ordinance
38 regulating the issuance of variances or special use permits. The
39 permitting agency shall act on the application to create an accessory
40 dwelling unit or a junior accessory dwelling unit within 60 days
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1 from the date the local agency receives a completed application if
2 there is an existing single-family or multifamily dwelling on the
3 lot. If the permit application to create an accessory dwelling unit
4 or a junior accessory dwelling unit is submitted with a permit
5 application to create a new single-family dwelling on the lot, the
6 permitting agency may delay acting on the permit application for
7 the accessory dwelling unit or the junior accessory dwelling unit
8 until the permitting agency acts on the permit application to create
9 the new single-family dwelling, but the application to create the
10 accessory dwelling unit or junior accessory dwelling unit shall be
11 considered without discretionary review or hearing. If the applicant
12 requests a delay, the 60-day time period shall be tolled for the
13 period of the delay. If the local agency has not acted upon the
14 completed application within 60 days, the application shall he
15 deemed approved. A local agency may charge a fee to reimburse
16 it for costs incurred to implement this paragraph, including the
17 costs of adopting or amending any ordinance that provides for the
18 creation of an accessory dwelling unit.
19 (4) An existing ordinance governing the creation of an accessory
20 dwelling unit by a local agency or an accessory dwelling ordinance
21 adopted by a local agency shall provide an approval process that
22 includes only ministerial provisions for the approval of accessory
23 dwelling units and shall not include any discretionary processes,
24 provisions, or requirements for those units, except as otherwise
25 provided in this subdivision. If a local agency has an existing
26 accessory dwelling unit ordinance that fails to meet the
27 requirements of this subdivision, that ordinance shall be null and
28 void and that agency shall thereafter apply the standards established
29 in this subdivision for the approval of accessory dwelling units,
30 unless and until the agency adopts an ordinance that complies with
31 this section.
32 (5) No other local ordinance, policy, or regulation shall be the
33 basis for the delay or denial of a building permit or a use permit
34 under this subdivision.
35 (6) This subdivision establishes the maximum standards that
36 local agencies shall use to evaluate a proposed accessory dwelling
37 unit on a lot that includes a proposed or existing single-family
38 dwelling. No additional standards, other than those provided in
39 this subdivision, shall be used or imposed, including any
40 owner -occupant requirement, except that a local agency may
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1 require that the property be used for rentals of terms longer than
2 30 days.
3 (7) A local agency may amend its zoning ordinance or general
4 plan to incorporate the policies, procedures, or other provisions
5 applicable to the creation of an accessory dwelling unit if these
6 provisions are consistent with the limitations of this subdivision.
7 (8) An accessory dwelling unit that conforms to this subdivision
8 shall be deemed to be an accessory use or an accessory building
9 and shall not be considered to exceed the allowable density for the
10 lot upon which it is located, and shall be deemed to be a residential
11 use that is consistent with the existing general plan and zoning
12 designations for the lot. The accessory dwelling unit shall not be
13 considered in the application of any local ordinance, policy, or
14 program to limit residential growth.
15 (b) When a local agency that has not adopted an ordinance
16 governing accessory dwelling units in accordance with subdivision
17 (a) receives an application for a permit to create an accessory
18 dwelling unit pursuant to this subdivision, the local agency shall
19 approve or disapprove the application ministerially without
20 discretionary review pursuant to subdivision (a). The permitting
21 agency shall act on the application to create an accessory dwelling
22 unit or a junior accessory dwelling unit within 60 days from the
23 date the local agency receives a completed application if there is
24 an existing single-family or multifamily dwelling on the lot. If the
25 permit application to create an accessory dwelling unit or a junior
26 accessory dwelling unit is submitted with a permit application to
27 create a new single-family dwelling on the lot, the permitting
28 agency may delay acting on the permit application for the accessory
29 dwelling unit or the junior accessory dwelling unit until the
30 permitting agency acts on the permit application to create the new
31 single-family dwelling, but the application to create the accessory
32 dwelling unit or junior accessory dwelling unit shall still be
33 considered ministerially without discretionary review or a hearing.
34 If the applicant requests a delay, the 60-day time period shall be
35 tolled for the period of the delay. If the local agency has not acted
36 upon the completed application within 60 days, the application
37 shall be deemed approved.
38 (c) (1) Subject to paragraph (2), a local agency may establish
39 minimum and maximum unit size requirements for both attached
40 and detached accessory dwelling units.
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1 (2) Notwithstanding paragraph (1), a local agency shall not
2 establish by ordinance any of the following:
3 (A) A minimum square footage requirement for either an
4 attached or detached accessory dwelling unit that prohibits an
5 efficiency unit.
6 (B) A maximum square footage requirement for either an
7 attached or detached accessory dwelling unit that is less than either
8 of the following:
9 (i) 850 square feet.
10 (ii) 1,000 square feet for an accessory dwelling unit that provides
11 more than one bedroom.
12 (C) Any other minimum or maximum size for an accessory
13 dwelling unit, size based upon a percentage of the proposed or
14 existing primary dwelling, or limits on lot coverage, floor area
15 ratio, open space, and minimum lot size, for either attached or
16 detached dwellings that does not permit at least an 800 square foot
17 accessory dwelling unit that is at least 16 feet in height with
18 four -foot side and rear yard setbacks to be constructed in
19 compliance with all other local development standards.
20 (d) Notwithstanding any other law, a local agency, whether or
21 not it has adopted an ordinance governing accessory dwelling units
22 in accordance with subdivision (a), shall not impose parking
23 standards for an accessory dwelling unit in any of the following
24 instances:
25 (1) The accessory dwelling unit is located within one-half mile
26 walking distance of public transit.
27 (2) The accessory dwelling unit is located within an
28 architecturally and historically significant historic district.
29 (3) The accessory dwelling unit is part of the proposed or
30 existing primary residence or an accessory structure.
31 (4) When on -street parking permits are required but not offered
32 to the occupant of the accessory dwelling unit.
33 (5) When there is a car share vehicle located within one block
34 of the accessory dwelling unit.
35 (e) (1) Notwithstanding subdivisions (a) to (d), inclusive, a
36 local agency shall ministerially approve an application for a
37 building permit within a residential or mixed -use zone to create
38 any of the following:
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1 (A) One accessory dwelling unites and junior accessory
2 dwelling unit per lot with a proposed or existing single-family
3 dwelling if all of the following apply:
4 (i) The accessory dwelling unit or junior accessory dwelling
5 unit is within the proposed space of a single-family dwelling or
6 existing space of a single-family dwelling or accessory structure
7 and may include an expansion of not more than 150 square feet
8 beyond the same physical dimensions as the existing accessory
9 structure. An expansion beyond the physical dimensions of the
10 existing accessory structure shall be limited to accommodating
11 ingress and egress.
12 (ii) The space has exterior access from the proposed or existing
13 single-family dwelling.
14 (iii) The side and rear setbacks are sufficient for fire and safety.
15 (iv) The junior accessory dwelling unit complies with the
16 requirements of Section 65852.22.
17 (B) One detached, new construction, accessory dwelling unit
18 that does not exceed four -foot side and rear yard setbacks for a lot
19 with a proposed or existing single-family dwelling. The accessory
20 dwelling unit may be combined with a junior accessory dwelling
21 unit described in subparagraph (A). A local agency may impose
22 the following conditions on the accessory dwelling unit:
23 (i) A total floor area limitation of not more than 800 square feet.
24 (ii) A height limitation of 16 feet.
25 (C) (i) Multiple accessory dwelling units within the portions
26 of existing multifamily dwelling structures that are not used as
27 livable space, including, but not limited to, storage rooms, boiler
28 rooms, passageways, attics, basements, or garages, if each unit
29 complies with state building standards for dwellings.
30 (ii) A local agency shall allow at least one accessory dwelling
31 unit within an existing multifamily dwelling and shall allow up to
32 25 percent of the existing multifamily dwelling units.
33 (D) Not more than two accessory dwelling units that are located
34 on a lot that has an existing multifamily dwelling, but are detached
35 from that multifamily dwelling and are subject to a height limit of
36 16 feet and four -foot rear yard and side setbacks.
37 (2) A local agency shall not require, as a condition for ministerial
38 approval of a permit application for the creation of an accessory
39 dwelling unit or a junior accessory dwelling unit, the correction
40 of nonconforming zoning conditions.
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1 (3) The installation of fire sprinklers shall not be required in an
2 accessory dwelling unit if sprinklers are not required for the
3 primary residence.
4 (4) A local agency shall require that a rental of the accessory
5 dwelling unit created pursuant to this subdivision be for a term
6 longer than 30 days.
7 (5) A local agency may require, as part of the application for a
8 permit to create an accessory dwelling unit connected to an onsite
9 water treatment system, a percolation test completed within the
10 last five years, or, if the percolation test has been recertified, within
11 the last 10 years.
12 (6) Notwithstanding subdivision (c) and paragraph (1) a local
13 agency that has adopted an ordinance by July 1, 2018, providing
14 for the approval of accessory dwelling units in multifamily
15 dwelling structures shall ministerially consider a permit application
16 to construct an accessory dwelling unit that is described in
17 paragraph (1), and may impose standards including, but not limited
18 to, design, development, and historic standards on said accessory
19 dwelling units. These standards shall not include requirements on
20 minimum lot size.
21 (f) (1) Fees charged for the construction of accessory dwelling
22 units shall be determined in accordance with Chapter 5
23 (commencing with Section 66000) and Chapter 7 (commencing
24 with Section 66012).
25 (2) An accessory dwelling unit shall not be considered by a
26 local agency, special district, or water corporation to be a new
27 residential use for purposes of calculating connection fees or
28 capacity charges for utilities, including water and sewer service,
29 unless the accessory dwelling unit was constructed with a new
30 single-family dwelling.
31 (3) (A) A local agency, special district, or water corporation
32 shall not impose any impact fee upon the development of an
33 accessory dwelling unit less than 750 square feet. Any impact fees
34 charged for an accessory dwelling unit of 750 square feet or more
35 shall be charged proportionately in relation to the square footage
36 of the primary dwelling unit.
37 (B) For purposes of this paragraph, "impact fee" has the same
38 meaning as the term "fee" is defined in subdivision (b) of Section
39 66000, except that it also includes fees specified in Section 66477.
40 "Impact fee" does not include any connection fee or capacity
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1 charge charged by a local agency, special district, or water
2 corporation.
3 (4) For an accessory dwelling unit described in subparagraph
4 (A) of paragraph (1) of subdivision (e), a local agency, special
5 district, or water corporation shall not require the applicant to
6 install a new or separate utility connection directly between the
7 accessory dwelling unit and the utility or impose a related
8 connection fee or capacity charge, unless the accessory dwelling
9 unit was constructed with a new single-family home.
10 (5) For an accessory dwelling unit that is not described in
11 subparagraph (A) of paragraph (1) of subdivision (e), a local
12 agency, special district, or water corporation may require a new
13 or separate utility connection directly between the accessory
14 dwelling unit and the utility. Consistent with Section 66013, the
15 connection may be subject to a connection fee or capacity charge
16 that shall be proportionate to the burden of the proposed accessory
17 dwelling unit, based upon either its square feet or the number of
18 its drainage fixture unit (DFU) values, as defined in the Uniform
19 Plumbing Code adopted and published by the International
20 Association of Plumbing and Mechanical Officials, upon the water
21 or sewer system. This fee or charge shall not exceed the reasonable
22 cost of providing this service.
23 (g) This section does not limit the authority of local agencies
24 to adopt less restrictive requirements for the creation of an
25 accessory dwelling unit.
26 (h) (1) A local agency shall submit a copy of the ordinance
27 adopted pursuant to subdivision (a) to the Department of Housing
28 and Community Development within 60 days after adoption. After
29 adoption of an ordinance, the department may submit written
30 findings to the local agency as to whether the ordinance complies
31 with this section.
32 (2) (A) If the department finds that the local agency's ordinance
33 does not comply with this section, the department shall notify the
34 local agency and shall provide the local agency with a reasonable
35 time, no longer than 30 days, to respond to the findings before
36 taking any other action authorized by this section.
37 (B) The local agency shall consider the findings made by the
38 department pursuant to subparagraph (A) and shall do one of the
39 following:
40 (i) Amend the ordinance to comply with this section.
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1 (ii) Adopt the ordinance without changes. The local agency
2 shall include findings in its resolution adopting the ordinance that
3 explain the reasons the local agency believes that the ordinance
4 complies with this section despite the findings of the department.
5 (3) (A) If the local agency does not amend its ordinance in
6 response to the department's findings or does not adopt a resolution
7 with findings explaining the reason the ordinance complies with
8 this section and addressing the department's findings, the
9 department shall notify the local agency and may notify the
10 Attorney General that the local agency is in violation of state law.
11 (B) Before notifying the Attorney General that the local agency
12 is in violation of state law, the department may consider whether
13 a local agency adopted an ordinance in compliance with this section
14 between January 1, 2017, and January 1, 2020.
15 (i) The department may review, adopt, amend, or repeal
16 guidelines to implement uniform standards or criteria that
17 supplement or clarify the terms, references, and standards set forth
18 in this section. The guidelines adopted pursuant to this subdivision
19 are not subject to Chapter 3.5 (commencing with Section 11340)
20 of Part 1 of Division 3 of Title 2.
21 0) As used in this section, the following terms mean:
22 (1) "Accessory dwelling unit" means an attached or a detached
23 residential dwelling unit that provides complete independent living
24 facilities for one or more persons and is located on a lot with a
25 proposed or existing primary residence. It shall include permanent
26 provisions for living, sleeping, eating, cooking, and sanitation on
27 the same parcel as the single-family or multifamily dwelling is or
28 will be situated. An accessory dwelling unit also includes the
29 following:
30 (A) An efficiency unit.
31 (B) A manufactured home, as defined in Section 18007 of the
32 Health and Safety Code.
33 (2) "Accessory structure" means a structure that is accessory
34 and incidental to a dwelling located on the same lot.
35 (3) "Efficiency unit" has the same meaning as defined in Section
36 17958.1 of the Health and Safety Code.
37 (4) "Living area" means the interior habitable area of a dwelling
38 unit, including basements and attics, but does not include a garage
39 or any accessory structure.
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1 (5) "Local agency" means a city, county, or city and county,
2 whether general law or chartered.
3 (6) "Neighborhood" has the same meaning as set forth in Section
4 65589.5.
5 (7) "Nonconforming zoning condition" means a physical
6 improvement on a property that does not conform with current
7 zoning standards.
8 (8) "Passageway" means a pathway that is unobstructed clear
9 to the sky and extends from a street to one entrance of the accessory
10 dwelling unit.
11 (9) "Proposed dwelling" means a dwelling that is the subject of
12 a permit application and that meets the requirements for permitting.
13 (10) "Public transit" means a location, including, but not limited
14 to, a bus stop or train station, where the public may access buses,
15 trains, subways, and other forms of transportation that charge set
16 fares, run on fixed routes, and are available to the public.
17 (11) "Tandem parking" means that two or more automobiles
18 are parked on a driveway or in any other location on a lot, lined
19 up behind one another.
20 (k) A local agency shall not issue a certificate of occupancy for
21 an accessory dwelling unit before the local agency issues a
22 certificate of occupancy for the primary dwelling.
23 (/) Nothing in this section shall be construed to supersede or in
24 any way alter or lessen the effect or application of the California
25 Coastal Act of 1976 (Division 20 (commencing with Section
26 30000) of the Public Resources Code), except that the local
27 government shall not be required to hold public hearings for coastal
28 development permit applications for accessory dwelling units.
29 (m) A local agency may count an accessory dwelling unit for
30 purposes of identifying adequate sites for housing, as specified in
31 subdivision (a) of Section 65583.1, subject to authorization by the
32 department and compliance with this division.
33 (n) In enforcing building standards pursuant to Article 1
34 (commencing with Section 17960) of Chapter 5 of Part 1.5 of
35 Division 13 of the Health and Safety Code for an accessory
36 dwelling unit described in paragraph (1) or (2) below, a local
37 agency, upon request of an owner of an accessory dwelling unit
38 for a delay in enforcement, shall delay enforcement of a building
39 standard, subject to compliance with Section 17980.12 of the
40 Health and Safety Code:
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1 (1) The accessory dwelling unit was built before January 1,
2 2020.
3 (2) The accessory dwelling unit was built on or after January
4 1, 2020, in a local jurisdiction that, at the time the accessory
5 dwelling unit was built, had a noncompliant accessory dwelling
6 unit ordinance, but the ordinance is compliant at the time the
7 request is made.
8 (o) This section shall remain in effect only until January 1, 2025,
9 and as of that date is repealed.
10 SEC. 2. Section 65852.2 of the Government Code, as added
11 by Section 2.5 of Chapter 659 of the Statutes of 2019, is amended
12 to read.•
13 65852.2. (a) (1) A local agency may, by ordinance, provide
14 for the creation of accessory dwelling units in areas zoned to allow
15 single-family or multifamily dwelling residential use. The
16 ordinance shall do all of the following:
17 (A) Designate areas within the jurisdiction of the local agency
18 where accessory dwelling units may be permitted. The designation
19 of areas may be based on the adequacy of water and sewer services
20 and the impact of accessory dwelling units on traffic flow and
21 public safety. A local agency that does not provide water or sewer
22 services shall consult with the local water or sewer service provider
23 regarding the adequacy of water and sewer services before
24 designating an area where accessory dwelling units may be
25 permitted.
26 (B) (i) Impose standards on accessory dwelling units that
27 include, but are not limited to, parking, height, setback, landscape,
28 architectural review, maximum size of a unit, and standards that
29 prevent adverse impacts on any real property that is listed in the
30 California Register of Historic Resources. These standards shall
31 not include requirements on minimum lot size.
32 (ii) Notwithstanding clause (i), a local agency may reduce or
33 eliminate parking requirements for any accessory dwelling unit
34 located within its jurisdiction.
35 (C) Provide that accessory dwelling units do not exceed the
36 allowable density for the lot upon which the accessory dwelling
37 unit is located, and that accessory dwelling units are a residential
38 use that is consistent with the existing general plan and zoning
39 designation for the lot.
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I (D) Require the accessory dwelling units to comply with all of
2 the following:
3 (i) The accessory dwelling unit may be rented separate from
4 the primary residence, but may not be sold or otherwise conveyed
5 separate from the primary residence.
6 (ii) The lot is zoned to allow single-family or multifamily
7 dwelling residential use and includes a proposed or existing
8 dwelling.
9 (iii) The accessory dwelling unit is either attached to, or located
10 within, the proposed or existing primary dwelling, including
II attached garages, storage areas or similar uses, or an accessory
12 structure or detached from the proposed or existing primary
13 dwelling and located on the same lot as the proposed or existing
14 primary dwelling.
15 (iv) If there is an existing primary dwelling, the total floor area
16 of an attached accessory dwelling unit shall not exceed 50 percent
17 of the existing primary dwelling.
18 (v) The total floor area for a detached accessory dwelling unit
19 shall not exceed 1,200 square feet.
20 (vi) No passageway shall be required in conjunction with the
21 construction of an accessory dwelling unit.
22 (vii) No setback shall be required for an existing living area or
23 accessory structure or a structure constructed in the same location
24 and to the same dimensions as an existing structure that is
25 converted to an accessory dwelling unit or to a portion of an
26 accessory dwelling unit, and a setback of no more than four feet
27 from the side and rear lot lines shall be required for an accessory
28 dwelling unit that is not converted from an existing structure or a
29 new structure constructed in the same location and to the same
30 dimensions as an existing structure.
31 (viii) Local building code requirements that apply to detached
32 dwellings, as appropriate.
33 (ix) Approval by the local health officer where a private sewage
34 disposal system is being used, if required.
35 (x) (I) Parking requirements for accessory dwelling units shall
36 not exceed one parking space per accessory dwelling unit or per
37 bedroom, whichever is less. These spaces may be provided as
38 tandem parking on a driveway.
39 (II) Offstreet parking shall be permitted in setback areas in
40 locations determined by the local agency or through tandem
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1 parking, unless specific findings are made that parking in setback
2 areas or tandem parking is not feasible based upon specific site or
3 regional topographical or fire and life safety conditions.
4 (111) This clause shall not apply to an accessory dwelling unit
5 that is described in subdivision (d).
6 (xi) When a garage, carport, or covered parking structure is
7 demolished in conjunction with the construction of an accessory
8 dwelling unit or converted to an accessory dwelling unit, the local
9 agency shall not require that those offstreet parking spaces be
10 replaced.
11 (xii) Accessory dwelling units shall not be required to provide
12 fire sprinklers if they are not required for the primary residence.
13 (2) The ordinance shall not be considered in the application of
14 any local ordinance, policy, or program to limit residential growth.
15 (3) A permit application for an accessory dwelling unit or a
16 junior accessory dwelling unit shall be considered and approved
17 ministerially without discretionary review or a hearing,
18 notwithstanding Section 65901 or 65906 or any local ordinance
19 regulating the issuance of variances or special use permits. The
20 permitting agency shall act on the application to create an accessory
21 dwelling unit or a junior accessory dwelling unit within 60 days
22 from the date the local agency receives a completed application if
23 there is an existing single-family or multifamily dwelling on the
24 lot. If the permit application to create an accessory dwelling unit
25 or a junior accessory dwelling unit is submitted with a permit
26 application to create a new single-family dwelling on the lot, the
27 permitting agency may delay acting on the permit application for
28 the accessory dwelling unit or the junior accessory dwelling unit
29 until the permitting agency acts on the permit application to create
30 the new single-family dwelling, but the application to create the
31 accessory dwelling unit or junior accessory dwelling unit shall be
32 considered without discretionary review or hearing. If the applicant
33 requests a delay, the 60-day time period shall be tolled for the
34 period of the delay. If the local agency has not acted upon the
35 completed application within 60 days, the application shall he
36 deemed approved. A local agency may charge a fee to reimburse
37 it for costs incurred to implement this paragraph, including the
38 costs of adopting or amending any ordinance that provides for the
39 creation of an accessory dwelling unit.
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1 (4) An existing ordinance governing the creation of an accessory
2 dwelling unit by a local agency or an accessory dwelling ordinance
3 adopted by a local agency shall provide an approval process that
4 includes only ministerial provisions for the approval of accessory
5 dwelling units and shall not include any discretionary processes,
6 provisions, or requirements for those units, except as otherwise
7 provided in this subdivision. If a local agency has an existing
8 accessory dwelling unit ordinance that fails to meet the
9 requirements of this subdivision, that ordinance shall be null and
10 void and that agency shall thereafter apply the standards established
II in this subdivision for the approval of accessory dwelling units,
12 unless and until the agency adopts an ordinance that complies
13 with this section.
14 (5) No other local ordinance, policy, or regulation shall be the
15 basis for the delay or denial of a building permit or a use permit
16 under this subdivision.
17 (6) (A) This subdivision establishes the maximum standards
18 that local agencies shall use to evaluate a proposed accessory
19 dwelling unit on a lot that includes a proposed or existing
20 single-family dwelling. No additional standards, other than those
21 provided in this subdivision, shall be used or imposed except that,
22 subject to subparagraph (B), a local agency may require an
23 applicant for a permit issued pursuant to this subdivision to be an
24 owner -occupant or that the property be used for rentals of terms
25 longer than 30 days.
26 (B) Notwithstanding subparagraph (A), a local agency shall not
27 impose an owner -occupant requirement on an accessory dwelling
28 unit permitted between January 1, 2020, to January 1, 2025, during
29 which time the local agency was prohibited from imposing an
30 owner -occupant requirement.
31 (7) A local agency may amend its zoning ordinance or general
32 plan to incorporate the policies, procedures, or other provisions
33 applicable to the creation of an accessory dwelling unit if these
34 provisions are consistent with the limitations of this subdivision.
35 (8) An accessory dwelling unit that conforms to this subdivision
36 shall be deemed to be an accessory use or an accessory building
37 and shall not be considered to exceed the allowable density for the
38 lot upon which it is located, and shall be deemed to be a residential
39 use that is consistent with the existing general plan and zoning
40 designations for the lot. The accessory dwelling unit shall not be
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I considered in the application of any local ordinance, policy, or
2 program to limit residential growth.
3 (b) When a local agency that has not adopted an ordinance
4 governing accessory dwelling units in accordance with subdivision
5 (a) receives an application for a permit to create an accessory
6 dwelling unit pursuant to this subdivision, the local agency shall
7 approve or disapprove the application ministerially without
8 discretionary review pursuant to subdivision (a). The permitting
9 agency shall act on the application to create an accessory dwelling
10 unit or a junior accessory dwelling unit within 60 days from the
I I date the local agency receives a completed application if there is
12 an existing single-family or multifamily dwelling on the lot. If the
13 permit application to create an accessory dwelling unit or a junior
14 accessory dwelling unit is submitted with a permit application to
15 create a new single-family dwelling on the lot, the permitting
16 agency may delay acting on the permit application for the accessory
17 dwelling unit or the junior accessory dwelling unit until the
18 permitting agency acts on the permit application to create the new
19 single-family dwelling, but the application to create the accessory
20 dwelling unit or junior accessory dwelling unit shall still be
21 considered ministerially without discretionary review or a hearing.
22 If the applicant requests a delay, the 60-day time period shall be
23 tolled for the period of the delay. If the local agency has not acted
24 upon the completed application within 60 days, the application
25 shall be deemed approved.
26 (c) (1) Subject to paragraph (2), a local agency may establish
27 minimum and maximum unit size requirements for both attached
28 and detached accessory dwelling units.
29 (2) Notwithstanding paragraph (1), a local agency shall not
30 establish by ordinance any of the following:
31 (A) A minimum square footage requirement for either an
32 attached or detached accessory dwelling unit that prohibits an
33 efficiency unit.
34 (B) A maximum square footage requirement for either an
35 attached or detached accessory dwelling unit that is less than either
36 of the following:
37 (i) 850 square feet.
38 (ii) 1,000 square feet for an accessory dwelling unit that provides
39 more than one bedroom.
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1 (C) Any other minimum or maximum size for an accessory
2 dwelling unit, size based upon a percentage of the proposed or
3 existing primary dwelling, or limits on lot coverage, floor area
4 ratio, open space, and minimum lot size, for either attached or
5 detached dwellings that does not permit at least an 800 square foot
6 accessory dwelling unit that is at least 16 feet in height with
7 four -foot side and rear yard setbacks to be constructed in
8 compliance with all other local development standards.
9 (d) Notwithstanding any other law, a local agency, whether or
10 not it has adopted an ordinance governing accessory dwelling units
11 in accordance with subdivision (a), shall not impose parking
12 standards for an accessory dwelling unit in any of the following
13 instances:
14 (1) The accessory dwelling unit is located within one-half mile
15 walking distance of public transit.
16 (2) The accessory dwelling unit is located within an
17 architecturally and historically significant historic district.
18 (3) The accessory dwelling unit is part of the proposed or
19 existing primary residence or an accessory structure.
20 (4) When on -street parking permits are required but not offered
21 to the occupant of the accessory dwelling unit.
22 (5) When there is a car share vehicle located within one block
23 of the accessory dwelling unit.
24 (e) (1) Notwithstanding subdivisions (a) to (d), inclusive, a
25 local agency shall ministerially approve an application for a
26 building permit within a residential or mixed -use zone to create
27 any of the following:
28 (A) One accessory dwelling unites and junior accessory
29 dwelling unit per lot with a proposed or existing single-family
30 dwelling if all of the following apply:
31 (i) The accessory dwelling unit or junior accessory dwelling
32 unit is within the proposed space of a single-family dwelling or
33 existing space of a single-family dwelling or accessory structure
34 and may include an expansion of not more than 150 square feet
35 beyond the same physical dimensions as the existing accessory
36 structure. An expansion beyond the physical dimensions of the
37 existing accessory structure shall be limited to accommodating
38 ingress and egress.
39 (ii) The space has exterior access from the proposed or existing
40 single-family dwelling.
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1 (iii) The side and rear setbacks are sufficient for fire and safety.
2 (iv) The junior accessory dwelling unit complies with the
3 requirements of Section 65852.22.
4 (B) One detached, new construction, accessory dwelling unit
5 that does not exceed four -foot side and rear yard setbacks for a lot
6 with a proposed or existing single-family dwelling. The accessory
7 dwelling unit may be combined with a junior accessory dwelling
8 unit described in subparagraph (A). A local agency may impose
9 the following conditions on the accessory dwelling unit:
10 (i) A total floor area limitation of not more than 800 square feet.
11 (ii) A height limitation of 16 feet.
12 (C) (i) Multiple accessory dwelling units within the portions
13 of existing multifamily dwelling structures that are not used as
14 livable space, including, but not limited to, storage rooms, boiler
15 rooms, passageways, attics, basements, or garages, if each unit
16 complies with state building standards for dwellings.
17 (ii) A local agency shall allow at least one accessory dwelling
18 unit within an existing multifamily dwelling ands shall allow
19 up to 25 percent of the existing multifamily dwelling units.
20 (D) Not more than two accessory dwelling units that are located
21 on a lot that has an existing multifamily dwelling, but are detached
22 from that multifamily dwelling and are subject to a height limit of
23 16 feet and four -foot rear yard and side setbacks.
24 (2) A local agency shall not require, as a condition for ministerial
25 approval of a permit application for the creation of an accessory
26 dwelling unit or a junior accessory dwelling unit, the correction
27 of nonconforming zoning conditions.
28 (3) The installation of fire sprinklers shall not be required in an
29 accessory dwelling unit if sprinklers are not required for the
30 primary residence.
31 (4) A local agency may require owner occupancy for either the
32 primary dwelling or the accessory dwelling unit on a single-family
33 lot, subject to the requirements of paragraph (6) of subdivision (a).
34 (5) A local agency shall require that a rental of the accessory
35 dwelling unit created pursuant to this subdivision be for a term
36 longer than 30 days.
37 (6) A local agency may require, as part of the application for a
38 permit to create an accessory dwelling unit connected to an onsite
39 water treatment system, a percolation test completed within the
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1 last five years, or, if the percolation test has been recertified, within
2 the last 10 years.
3 (7) Notwithstanding subdivision (c) and paragraph (1) a local
4 agency that has adopted an ordinance by July 1, 2018, providing
5 for the approval of accessory dwelling units in multifamily
6 dwelling structures shall ministerially consider a permit application
7 to construct an accessory dwelling unit that is described in
8 paragraph (1), and may impose standards including, but not limited
9 to, design, development, and historic standards on said accessory
10 dwelling units. These standards shall not include requirements on
11 minimum lot size.
12 (f) (1) Fees charged for the construction of accessory dwelling
13 units shall be determined in accordance with Chapter 5
14 (commencing with Section 66000) and Chapter 7 (commencing
15 with Section 66012).
16 (2) An accessory dwelling unit shall not be considered by a
17 local agency, special district, or water corporation to be a new
18 residential use for purposes of calculating connection fees or
19 capacity charges for utilities, including water and sewer service,
20 unless the accessory dwelling unit was constructed with a new
21 single-family dwelling.
22 (3) (A) A local agency, special district, or water corporation
23 shall not impose any impact fee upon the development of an
24 accessory dwelling unit less than 750 square feet. Any impact fees
25 charged for an accessory dwelling unit of 750 square feet or more
26 shall be charged proportionately in relation to the square footage
27 of the primary dwelling unit.
28 (B) For purposes of this paragraph, "impact fee" has the same
29 meaning as the term "fee" is defined in subdivision (b) of Section
30 66000, except that it also includes fees specified in Section 66477.
31 "Impact fee" does not include any connection fee or capacity
32 charge charged by a local agency, special district, or water
33 corporation.
34 (4) For an accessory dwelling unit described in subparagraph
35 (A) of paragraph (1) of subdivision (e), a local agency, special
36 district, or water corporation shall not require the applicant to
37 install a new or separate utility connection directly between the
38 accessory dwelling unit and the utility or impose a related
39 connection fee or capacity charge, unless the accessory dwelling
40 unit was constructed with a new single-family dwelling.
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1 (5) For an accessory dwelling unit that is not described in
2 subparagraph (A) of paragraph (1) of subdivision (e), a local
3 agency, special district, or water corporation may require a new
4 or separate utility connection directly between the accessory
5 dwelling unit and the utility. Consistent with Section 66013, the
6 connection may be subject to a connection fee or capacity charge
7 that shall be proportionate to the burden of the proposed accessory
8 dwelling unit, based upon either its square feet or the number of
9 its drainage fixture unit (DFU) values, as defined in the Uniform
10 Plumbing Code adopted and published by the International
11 Association of Plumbing and Mechanical Officials, upon the water
12 or sewer system. This fee or charge shall not exceed the reasonable
13 cost of providing this service.
14 (g) This section does not limit the authority of local agencies
15 to adopt less restrictive requirements for the creation of an
16 accessory dwelling unit.
17 (h) (1) A local agency shall submit a copy of the ordinance
18 adopted pursuant to subdivision (a) to the Department of Housing
19 and Community Development within 60 days after adoption. After
20 adoption of an ordinance, the department may submit written
21 findings to the local agency as to whether the ordinance complies
22 with this section.
23 (2) (A) If the department finds that the local agency's ordinance
24 does not comply with this section, the department shall notify the
25 local agency and shall provide the local agency with a reasonable
26 time, no longer than 30 days, to respond to the findings before
27 taking any other action authorized by this section.
28 (B) The local agency shall consider the findings made by the
29 department pursuant to subparagraph (A) and shall do one of the
30 following:
31 (i) Amend the ordinance to comply with this section.
32 (ii) Adopt the ordinance without changes. The local agency
33 shall include findings in its resolution adopting the ordinance that
34 explain the reasons the local agency believes that the ordinance
35 complies with this section despite the findings of the department.
36 (3) (A) If the local agency does not amend its ordinance in
37 response to the department's findings or does not adopt a resolution
38 with findings explaining the reason the ordinance complies with
39 this section and addressing the department's findings, the
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1 department shall notify the local agency and may notify the
2 Attorney General that the local agency is in violation of state law.
3 (B) Before notifying the Attorney General that the local agency
4 is in violation of state law, the department may consider whether
5 a local agency adopted an ordinance in compliance with this section
6 between January 1, 2017, and January 1, 2020.
7 (i) The department may review, adopt, amend, or repeal
8 guidelines to implement uniform standards or criteria that
9 supplement or clarify the terms, references, and standards set forth
10 in this section. The guidelines adopted pursuant to this subdivision
11 are not subject to Chapter 3.5 (commencing with Section 11340)
12 of Part 1 of Division 3 of Title 2.
13 0) As used in this section, the following terms mean:
14 (1) "Accessory dwelling unit" means an attached or a detached
15 residential dwelling unit that provides complete independent living
16 facilities for one or more persons and is located on a lot with a
17 proposed or existing primary residence. It shall include permanent
18 provisions for living, sleeping, eating, cooking, and sanitation on
19 the same parcel as the single-family or multifamily dwelling is or
20 will be situated. An accessory dwelling unit also includes the
21 following:
22 (A) An efficiency unit.
23 (B) A manufactured home, as defined in Section 18007 of the
24 Health and Safety Code.
25 (2) "Accessory structure" means a structure that is accessory
26 and incidental to a dwelling located on the same lot.
27 (3) "Efficiency unit" has the same meaning as defined in Section
28 17958.1 of the Health and Safety Code.
29 (4) "Living area" means the interior habitable area of a dwelling
30 unit, including basements and attics, but does not include a garage
31 or any accessory structure.
32 (5) "Local agency" means a city, county, or city and county,
33 whether general law or chartered.
34 (6) "Neighborhood" has the same meaning as set forth in Section
35 65589.5.
36 (A) An efficiency unit, as defined in Section 17958.1 of the
37 Health and Safety Code.
38 (B) A manufactured home, as defined in Section 18007 of the
39 Health and Safety Code.
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1 (7) "Nonconforming zoning condition" means a physical
2 improvement on a property that does not conform with current
3 zoning standards.
4 (8) "Passageway" means a pathway that is unobstructed clear
5 to the sky and extends from a street to one entrance of the accessory
6 dwelling unit.
7 (9) "Proposed dwelling" means a dwelling that is the subject of
8 a permit application and that meets the requirements for permitting.
9 (10) "Public transit" means a location, including, but not limited
10 to, a bus stop or train station, where the public may access buses,
11 trains, subways, and other forms of transportation that charge set
12 fares, run on fixed routes, and are available to the public.
13 (11) "Tandem parking" means that two or more automobiles
14 are parked on a driveway or in any other location on a lot, lined
15 up behind one another.
16 (k) A local agency shall not issue a certificate of occupancy for
17 an accessory dwelling unit before the local agency issues a
18 certificate of occupancy for the primary dwelling.
19 (/) Nothing in this section shall be construed to supersede or in
20 any way alter or lessen the effect or application of the California
21 Coastal Act of 1976 (Division 20 (commencing with Section
22 30000) of the Public Resources Code), except that the local
23 government shall not be required to hold public hearings for coastal
24 development permit applications for accessory dwelling units.
25 (m) A local agency may count an accessory dwelling unit for
26 purposes of identifying adequate sites for housing, as specified in
27 subdivision (a) of Section 65583.1, subject to authorization by the
28 department and compliance with this division.
29 (n) In enforcing building standards pursuant to Article 1
30 (commencing with Section 17960) of Chapter 5 of Part 1.5 of
31 Division 13 of the Health and Safety Code for an accessory
32 dwelling unit described in paragraph (1) or (2) below, a local
33 agency, upon request of an owner of an accessory dwelling unit
34 for a delay in enforcement, shall delay enforcement of a building
35 standard, subject to compliance with Section 17980.12 of the
36 Health and Safety Code:
37 (1) The accessory dwelling unit was built before January 1,
38 2020.
39 (2) The accessory dwelling unit was built on or after January
40 1, 2020, in a local jurisdiction that, at the time the accessory
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1 dwelling unit was built, had a noncompliant accessory dwelling
2 unit ordinance, but the ordinance is compliant at the time the
3 request is made.
4 (o) This section shall become operative on January 1, 2025.
5 SEC. 3. The Legislature finds and declares that Sections I and
6 2 of this act amending Section 65852.2 of the Government Code
7 address a matter of statewide concern rather than a municipal
8 affair as that term is used in Section 5 of Article XI of the
9 California Constitution. Therefore, Sections I and 2 of this act
10 apply to all cities, including charter cities.
11 SEC. 4. No reimbursement is required by this act pursuant to
12 Section 6 of ArticleXIIIB of the California Constitution because
13 a local agency or school district has the authority to levy service
14 charges, fees, or assessments sufficient to pay for the program or
15 level of service mandated by this act, within the meaning of Section
16 17556 of the Government Code.
18 Gode, to rea4t
19 37101.3. (a) For purposes of this seetion, all of the f-011owing
20 defittitions shall apply.!
21 "
22 and Adult Use Cannabis Regulation and Safi�� Aet (Division 10
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