HomeMy WebLinkAbout2021-07-13 - AGENDA REPORTS - SB 778 (2)Agenda Item: 8
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CITY OF SANTA CLARITA
AGENDA REPORT
CITY MANAGER APPROVAL:
DATE: July 13, 2021
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SUBJECT: STATE LEGISLATION: SENATE BILL 778
DEPARTMENT: City Manager's Office
PRESENTER: Masis Hagobian
RECOMMENDED ACTION
City Council adopt the City Council Legislative Committee recommendation to oppose Senate
Bill 778 (Becker) and transmit position statements to Senator Becker, Santa Clarita's state
legislative delegation, appropriate legislative committees, Governor Newsom, League of
California Cities, and other stakeholder organizations.
BACKGROUND
Authored by Senator Josh Becker (D-13-San Mateo), Senate Bill 778 requires local governments
to ministerially approve, within 60 days, the conversion of any commercial space, industrial
space, retail space, or other vacant space within an existing mixed -use structure or multi -family
residential structure to an accessory dwelling unit (ADU).
Existing state law requires local governments to ministerially approve, within 60 days, the
conversion of any existing unused livable space, including a storage room, boiler room,
passageway, attic, basement, or garage, within an existing multi -family residential structure to an
ADU, if the ADU application complies with state building standards.
For the purpose of this staff summary, an ADU is an attached or detached residential dwelling
unit which provides complete independent living facilities located on the same parcel as an
existing structure.
The State's ministerial provision preempts local discretionary review, public hearings, appeals,
and the California Environmental Quality Act (CEQA).
Senate Bill 778 expands existing ministerial provisions, with regard to ADUs, to require local
governments to ministerially approve, within 60 days, the conversion of any commercial space,
industrial space, retail space, or other vacant space within an existing mixed -use structure to
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multiple ADUs, up to 25 percent of the existing residential units.
"Vacant space" is not defined in the legislation, but Senate Bill 778 does require that any vacant
space that is proposed to be converted into an ADU must be vacant for at least six months prior
to the date of submission of the application.
The City recognizes the importance of land use planning and development of housing to meet the
growth and needs of the community. Since the initial State ADU law took effect on January 1,
2017, the City has issued, approximately, 212 ADU permits (20 in 2017, 36 in 2018, 46 in 2019,
75 in 2020, and 35 in 2021, as of May 31, 2021).
Senate Bill 778 significantly undermines local land use authority and zoning, preempting the
City's ability to properly plan and develop mixed -use zoning. Additionally, this legislation
adversely impacts the City's ability to impose reasonable ADU requirements and/or conditions
that take into consideration the City's community characteristics, local unique circumstances,
and surrounding conditions.
Furthermore, Senate Bill 778 preempts the City's ability to ensure developments have adequate
access to public services and utilities that can sustain anticipated population, dwelling unit
densities, and service demands, including water, sewer, and power. This legislation would also
preempt the City's ability to require additional parking and ensure conditions are met to
minimize traffic congestion, to the full extent feasible.
The Santa Clarita City Council opposed similar pieces of legislation during the 2019-20 State
Legislative Session, including Senate Bill 13 (Chapter 653, Statutes of 2019) and Assembly Bill
68 (Chapter 655, Statutes of 2019), based on the recommendation of the City Council's
Legislative Committee.
Additionally, the recommendation to oppose Senate Bill 778 is consistent with the City of Santa
Clarita 2021 Executive and Legislative Platform. Specifically, Component 27 under the "State"
section advises the City Council to, "Oppose legislation that would interfere with, limit or
eliminate the decision -making authority of municipalities in the area of local land use."
Senate Bill 778 passed the Senate (30-1-9) on May 20, 2021. Senator Scott Wilk (R-21-Santa
Clarita) was the only Senator to vote against the bill and Senator Henry Stern (D-27-Calabasas)
did not record a vote. Senate Bill 778 is pending a hearing in the Assembly Committee on
Housing and Community Development, as of the writing of this report.
Notable supporters include the California Apartment Association (source), California Building
Industry Association, California YIMBY, and Facebook, Inc.
No opposition was filed, as of the writing of this report.
The City Council Legislative Committee met on June 22, 2021, and recommends that the City
Council adopt an "oppose" position on Senate Bill 778.
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ALTERNATIVE ACTION
1. Adopt a "support" position on Senate Bill 778.
2. Adopt a "neutral" position on Senate Bill 778.
3. Take no action on Senate Bill 778.
4. Refer Senate Bill 778 back to the Legislative Committee.
5. Other direction, as provided 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 2021-22 budget.
ATTACHMENTS
Senate Bill 778 - Bill Text
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AMENDED IN SENATE MAY 3, 2021
AMENDED 1N SENATE APRIL 19, 2021
AMENDED IN SENATE APRIL 8, 2021
AMENDED IN SENATE MARCH 11, 2021
SENATE BILL
No. 778
Introduced by Senator Becker
February 19, 2021
An act to amend Section 65852.2 of the Government Code, relating
to land use.
LEGISLATIVE COUNSEL'S DIGEST
SB 778, as amended, Becker. Planning and zoning: accessory
dwelling units: mixed -use or multifamily structures.
Existing law, the Planning and Zoning Law, among other things,
provides for the creation of accessory dwelling units by local ordinance,
or, if a local agency has not adopted an ordinance, by ministerial
approval, in accordance with specified standards and conditions. Existing
law requires a local agency to ministerially approve an application for
a building permit within a residential or mixed -use zone to create
multiple accessory dwelling units within the portions of an existing
multifamily dwelling structure that are not used as livable space, if each
unit complies with state building standards for dwellings. Existing law
requires a local agency to allow at least one accessory dwelling unit
within an existing multifamily dwelling structure and up to 25% of the
existing multifamily dwelling units.
This bill, until January 1, 2025, would specify that a local agency is
required to allow an accessory dwelling unit under these provisions
within an existing mixed -use or multifamily structure, and that the
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accessory dwelling unit may be constructed within portions of the
structure used for commercial space, industrial space, retail space, or
other vacant space if each unit complies with state building standards
for dwellings. The bill would require that any portion of a multifamily
dwelling structure or mixed -use structure that is vacant space to have
been vacant for at least 6 months before the date of submission of an
application for a building permit under these provisions. Thi,- lull, unto
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proviaio-na li,---defeting-thc r uirrrnicrtt the local aglow at
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a vsaa^3-4vMling unites By adding to the duties of local planning
officials with respect to approving accessory dwelling units under these
provisions, this bill would impose a state -mandated local program.
The bill would include findings that changes proposed by this bill
address a matter of statewide concern rather than a municipal affair
and, therefore, apply to all cities, including charter cities.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act
for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State -mandated local program: yes.
The people of the State of California do enact as follows:
1 SECTION 1. Section 65852.2 of the Government Code, as
2 amended by Section 3.5 of Chapter 198 of the Statutes of 2020, 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
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1 services shall consult with the local water or sewer service provider
2 regarding the adequacy of water and sewer services before
3 designating an area where accessory dwelling units may be
4 permitted.
5 (B) (i) Impose standards on accessory dwelling units that
6 include, but are not limited to, parking, height, setback, landscape,
7 architectural review, maximum size of a unit, and standards that
8 prevent adverse impacts on any real property that is listed in the
9 California Register of Historic Resources. These standards shall
10 not include requirements on minimum lot size.
11 (ii) Notwithstanding clause (i), a local agency may reduce or
12 eliminate parking requirements for any accessory dwelling unit
13 located within its jurisdiction.
14 (C) Provide that accessory dwelling units do not exceed the
15 allowable density for the lot upon which the accessory dwelling
16 unit is located, and that accessory dwelling units are a residential
17 use that is consistent with the existing general plan and zoning
18 designation for the lot.
19 (D) Require the accessory dwelling units to comply with all of
20 the following:
21 (i) The accessory dwelling unit may be rented separate from
22 the primary residence, but may not be sold or otherwise conveyed
23 separate from the primary residence.
24 (ii) The lot is zoned to allow single-family or multifamily
25 dwelling residential use and includes a proposed or existing
26 dwelling.
27 (iii) The accessory dwelling unit is either attached to, or located
28 within, the proposed or existing primary dwelling, including
29 attached garages, storage areas or similar uses, or an accessory
30 structure or detached from the proposed or existing primary
31 dwelling and located on the same lot as the proposed or existing
32 primary dwelling.
33 (iv) If there is an existing primary dwelling, the total floor area
34 of an attached accessory dwelling unit shall not exceed 50 percent
35 of the existing primary dwelling.
36 (v) The total floor area for a detached accessory dwelling unit
37 shall not exceed 1,200 square feet.
38 (vi) No passageway shall be required in conjunction with the
39 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) (I) 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 (II) 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 (III) 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 be
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 onstreet parking permits are required but
32 not offered 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 unit and one 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 or mixed -use structures
27 that are not used as livable space, including, but not limited to,
28 storage rooms, boiler rooms, passageways, attics, basements,
29 garages, commercial space, industrial space, retail space, or other
30 vacant space if each unit complies with state building standards
31 for dwellings. Any portion of a multifamily dwelling structure or
32 mixed -use structure that is vacant space shall have been vacant
33 for at least six months before the date of submission of an
34 application for a building permit pursuant to this subparagraph.
35 (ii) A local agency shall allow at least one accessory dwelling
36 unit within an existing multifamily dwelling and shall allow up to
37 25 percent of the existing multifamily dwelling units as accessory
38 dwelling units.
39 (D) Not more than two accessory dwelling units that are located
40 on a lot that has an existing multifamily dwelling, but are detached
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1 from that multifamily dwelling and are subject to a height limit of
2 16 feet and four -foot rear yard and side setbacks.
3 (2) A local agency shall not require, as a condition for ministerial
4 approval of a permit application for the creation of an accessory
5 dwelling unit or a junior accessory dwelling unit, the correction
6 of nonconforming zoning conditions.
7 (3) The installation of fire sprinklers shall not be required in an
8 accessory dwelling unit if sprinklers are not required for the
9 primary residence.
10 (4) A local agency shall require that a rental of the accessory
11 dwelling unit created pursuant to this subdivision be for a term
12 longer than 30 days.
13 (5) A local agency may require, as part of the application for a
14 permit to create an accessory dwelling unit connected to an onsite
15 wastewater treatment system, a percolation test completed within
16 the last five years, or, if the percolation test has been recertified,
17 within the last 10 years.
18 (6) Notwithstanding subdivision (c) and paragraph (1) a local
19 agency that has adopted an ordinance by July 1, 2018, providing
20 for the approval of accessory dwelling units in multifamily
21 dwelling structures shall ministerially consider a permit application
22 to construct an accessory dwelling unit that is described in
23 paragraph (1), and may impose standards including, but not limited
24 to, design, development, and historic standards on said accessory
25 dwelling units. These standards shall not include requirements on
26 minimum lot size.
27 (f) (1) Fees charged for the construction of accessory dwelling
28 units shall be determined in accordance with Chapter 5
29 (commencing with Section 66000) and Chapter 7 (commencing
30 with Section 66012).
31 (2) An accessory dwelling unit shall not be considered by a
32 local agency, special district, or water corporation to be a new
33 residential use for purposes of calculating connection fees or
34 capacity charges for utilities, including water and sewer service,
35 unless the accessory dwelling unit was constructed with a new
36 single-family dwelling.
37 (3) (A) A local agency, special district, or water corporation
38 shall not impose any impact fee upon the development of an
39 accessory dwelling unit less than 750 square feet. Any impact fees
40 charged for an accessory dwelling unit of 750 square feet or more
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1 shall be charged proportionately in relation to the square footage
2 of the primary dwelling unit.
3 (B) For purposes of this paragraph, "impact fee" has the same
4 meaning as the term "fee" is defined in subdivision (b) of Section
5 66000, except that it also includes fees specified in Section 66477.
6 "Impact fee" does not include any connection fee or capacity
7 charge charged by a local agency, special district, or water
8 corporation.
9 (4) For an accessory dwelling unit described in subparagraph
10 (A) of paragraph (1) of subdivision (e), a local agency, special
11 district, or water corporation shall not require the applicant to
12 install a new or separate utility connection directly between the
13 accessory dwelling unit and the utility or impose a related
14 connection fee or capacity charge, unless the accessory dwelling
15 unit was constructed with a new single-family home.
16 (5) For an accessory dwelling unit that is not described in
17 subparagraph (A) of paragraph (1) of subdivision (e), a local
18 agency, special district, or water corporation may require a new
19 or separate utility connection directly between the accessory
20 dwelling unit and the utility. Consistent with Section 66013, the
21 connection may be subject to a connection fee or capacity charge
22 that shall be proportionate to the burden of the proposed accessory
23 dwelling unit, based upon either its square feet or the number of
24 its drainage fixture unit (DFU) values, as defined in the Uniform
25 Plumbing Code adopted and published by the International
26 Association of Plumbing and Mechanical Officials, upon the water
27 or sewer system. This fee or charge shall not exceed the reasonable
28 cost of providing this service.
29 (g) This section does not limit the authority of local agencies
30 to adopt less restrictive requirements for the creation of an
31 accessory dwelling unit.
32 (h) (1) A local agency shall submit a copy of the ordinance
33 adopted pursuant to subdivision (a) to the Department of Housing
34 and Community Development within 60 days after adoption. After
35 adoption of an ordinance, the department may submit written
36 findings to the local agency as to whether the ordinance complies
37 with this section.
38 (2) (A) If the department finds that the local agency's ordinance
39 does not comply with this section, the department shall notify the
40 local agency and shall provide the local agency with a reasonable
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I time, no longer than 30 days, to respond to the findings before
2 taking any other action authorized by this section.
3 (B) The local agency shall consider the findings made by the
4 department pursuant to subparagraph (A) and shall do one of the
5 following:
6 (i) Amend the ordinance to comply with this section.
7 (ii) Adopt the ordinance without changes. The local agency
8 shall include findings in its resolution adopting the ordinance that
9 explain the reasons the local agency believes that the ordinance
10 complies with this section despite the findings of the department.
11 (3) (A) If the local agency does not amend its ordinance in
12 response to the department's findings or does not adopt a resolution
13 with findings explaining the reason the ordinance complies with
14 this section and addressing the department's findings, the
15 department shall notify the local agency and may notify the
16 Attorney General that the local agency is in violation of state law.
17 (B) Before notifying the Attorney General that the local agency
18 is in violation of state law, the department may consider whether
19 a local agency adopted an ordinance in compliance with this section
20 between January 1, 2017, and January 1, 2020.
21 (i) The department may review, adopt, amend, or repeal
22 guidelines to implement uniform standards or criteria that
23 supplement or clarify the terms, references, and standards set forth
24 in this section. The guidelines adopted pursuant to this subdivision
25 are not subject to Chapter 3.5 (commencing with Section 11340)
26 of Part 1 of Division 3 of Title 2.
27 0) As used in this section, the following terms mean:
28 (1) "Accessory dwelling unit" means an attached or a detached
29 residential dwelling unit that provides complete independent living
30 facilities for one or more persons and is located on a lot with a
31 proposed or existing primary residence. It shall include permanent
32 provisions for living, sleeping, eating, cooking, and sanitation on
33 the same parcel as the single-family or multifamily dwelling is or
34 will be situated. An accessory dwelling unit also includes the
35 following:
36 (A) An efficiency unit.
37 (B) A manufactured home, as defined in Section 18007 of the
38 Health and Safety Code.
39 (2) "Accessory structure" means a structure that is accessory
40 and incidental to a dwelling located on the same lot.
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(3) "Efficiency unit" has the same meaning as defined in Section
17958.1 of the Health and Safety Code.
(4) "Living area" means the interior habitable area of a dwelling
unit, including basements and attics, but does not include a garage
or any accessory structure.
(5) "Local agency" means a city, county, or city and county,
whether general law or chartered.
(6) "Nonconforming zoning condition" means a physical
improvement on a property that does not conformer to current
zoning standards.
(7) "Passageway" means a pathway that is unobstructed clear
to the sky and extends from a street to one entrance of the accessory
dwelling unit.
(8) "Proposed dwelling" means a dwelling that is the subject of
a permit application and that meets the requirements for permitting.
(9) "Public transit" means a location, including, but not limited
to, a bus stop or train station, where the public may access buses,
trains, subways, and other forms of transportation that charge set
fares, run on fixed routes, and are available to the public.
(10) "Tandem parking" means that two or more automobiles
are parked on a driveway or in any other location on a lot, lined
up behind one another.
(k) A local agency shall not issue a certificate of occupancy for
an accessory dwelling unit before the local agency issues a
certificate of occupancy for the primary dwelling.
(0 Nothing in this section shall be construed to supersede or in
any way alter or lessen the effect or application of the California
Coastal Act of 1976 (Division 20 (commencing with Section
30000) of the Public Resources Code), except that the local
government shall not be required to hold public hearings for coastal
development permit applications for accessory dwelling units.
(m) A local agency may count an accessory dwelling unit for
purposes of identifying adequate sites for housing, as specified in
subdivision (a) of Section 65583.1, subject to authorization by the
department and compliance with this division.
(n) In enforcing building standards pursuant to Article 1
(commencing with Section 17960) of Chapter 5 of Part 1.5 of
Division 13 of the Health and Safety Code for an accessory
dwelling unit described in paragraph (1) or (2) below, a local
agency, upon request of an owner of an accessory dwelling unit
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8.a
1 for a delay in enforcement, shall delay enforcement of a building
2 standard, subject to compliance with Section 17980.12 of the
3 Health and Safety Code:
4 (1) The accessory dwelling unit was built before January 1,
5 2020.
6 (2) The accessory dwelling unit was built on or after January
7 1, 2020, in a local jurisdiction that, at the time the accessory
8 dwelling unit was built, had a noncompliant accessory dwelling
9 unit ordinance, but the ordinance is compliant at the time the
10 request is made.
11 (o) This section shall remain in effect only until January 1, 2025,
12 and as of that date is repealed.
13 SEC. 2. The Legislature finds and declares that Section 1 of
14 this act amending Section 65852.2 of the Government Code
15 addresses a matter of statewide concern rather than a municipal
16 affair as that term is used in Section 5 of Article XI of the
17 California Constitution. Therefore, Section 1 of this act applies to
18 all cities, including charter cities.
19 SEC. 3. No reimbursement is required by this act pursuant to
20 Section 6 of Article XIIIB of the California Constitution because
21 a local agency or school district has the authority to levy service
22 charges, fees, or assessments sufficient to pay for the program or
23 level of service mandated by this act, within the meaning of Section
24 17556 of the Government Code.
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