HomeMy WebLinkAbout2022-02-08 - AGENDA REPORTS - AB 916O
Agenda Item: 4
1. CITY OF SANTA CLARITA
AGENDA REPORT
CONSENT CALENDAR
CITY MANAGER APPROVAL: �1 A11�44-1)
DATE: February 8, 2022
SUBJECT: STATE LEGISLATION: ASSEMBLY BILL 916
DEPARTMENT: City Manager's Office
PRESENTER: Masis Hagobian
RECOMMENDED ACTION
City Council adopt the City Council Legislative Committee recommendation to oppose
Assembly Bill 916 (Salas) and transmit position statements to Assembly Member Salas, Santa
Clarita's state legislative delegation, appropriate legislative committees, Governor Newsom, and
the League of California Cities.
BACKGROUND
Authored by Assembly Member Rudy Salas (D-32-Bakersfield), Assembly Bill 916 prohibits
local governments from conducting a public hearing as a condition of approving a project that
adds space for additional bedrooms or reconfigures existing space to increase the bedroom count
within an existing house, condominium, or apartment and increases the maximum height of an
accessory dwelling unit (ADU) that a local government must enforce from 16 feet to 18 feet.
The initial state law requiring local agencies to provide by ordinance for the creation of ADUs
took effect on January 1, 2017. Prior to this law, ADU permits were under the full discretion of
local governments. The original intent of the ADU state law was to implement standards and
ensure uniformity throughout the state on the issuance of ADUs by local governments.
Several bills proposing to preempt local discretion and authority in regulating the review of ADU
applications were introduced during the 2019-20 state legislative session. Of those bills
introduced, various pieces of legislation were approved by the legislature and signed into law by
the Governor, including preemptions to local authority regarding parking, lot size, and approval
processes of ADUs.
Assembly Bill 916:
1. Prohibits local governments from adopting or enforcing an ordinance requiring a public
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hearing, as a condition of approving a project that adds space for additional bedrooms or
reconfigures existing space to increase the bedroom count within an existing house,
condominium, or apartment.
2. Increases, from 16 feet to 18 feet, the maximum height of an ADU that a local
government must approve if the project is located on a parcel that an existing multifamily
and multistory dwelling.
The City of Santa Clarita (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 236 ADU permits (21 in 2017, 38 in 2018, 42 in 2019, 70 in
2020, and 65 in 2021).
This bill weakens local land use authority related to ADUs and more specifically, preempts the
City's ability to properly review projects that add bedrooms to existing dwellings. Furthermore,
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 has opposed similar bills, including Assembly Bill 68, Chapter
655, Statutes of 2019; Assembly Bill 953; and Senate Bill 13, Chapter 653, Statutes of 2019,
based on the recommendation of the City Council's Legislative Committee.
The recommendation to oppose Assembly Bill 916 is consistent with the City of Santa Clarita's
2022 Executive and Legislative Platform. Specifically, component 1 under the "State" section
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 916 was unanimously approved by two policy committees in the Assembly,
including the Assembly Committee on Local Government, on January 12, 2022. Assembly
Member Tom Lackey (R-36-Palmdale) voted in support of the bill, as a member of the Assembly
Committee on Local Government. This bill unanimously passed the Assembly Committee on
Appropriations on January 20, 2022, and was ordered to the Consent Calendar.
Notable Supporters include The California Rental Housing Association and California YIMBY.
There was no registered opposition on file at the time this report was developed.
The City Council Legislative Committee met on January 24, 2022, and recommends that the City
Council adopt an "oppose" position on Assembly Bill 916.
ALTERNATIVE ACTION
1. Adopt a "support" position on Assembly Bill 916.
2. Adopt a "neutral" position on Assembly Bill 916.
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3. Take no action on Assembly Bill 916.
4. Refer Assembly Bill 916 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
Assembly Bill 916 - Bill Text
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4.a
AMENDED 1N ASSEMBLY JANUARY 3, 2022
AMENDED 1N ASSEMBLY APRIL 6, 2021
CALIFORNIA LEGISLATURE-2021-22 REGULAR SESSION
ASSEMBLY BILL
No. 916
Introduced by Assembly Aii,....ber S Members Salas and
Quirk -Silva
February 17, 2021
An act to amend Section 65852.2 of, and to add Section 65850.02
to, the Government Code, relating to housing.
LEGISLATIVE COUNSEL'S DIGEST
AB 916, as amended, Salas. Zoning: accessory dwelling units:
bedroom addition.
The Planning and Zoning Law authorizes the legislative body of any
county or city to adopt ordinances that regulate the use of buildings,
structures, and land as between industry, business, residences, open
space, and other purposes.
This bill would prohibit a city or county legislative body from
adopting or enforcing an ordinance requiring a public hearing as a
condition of adding space for additional bedrooms or reconfiguring
existing space to increase the bedroom count within an existing house,
condominium, apartment, or dwelling. The bill would include findings
that ensuring adequate housing is a matter of statewide concern and is
not a municipal affair, and that the provision applies to all cities,
including charter cities.
The Planning and Zoning Law also authorizes a local agency, by
ordinance or ministerial approval, to provide for the creation of
accessory dwelling units in areas zoned for residential use, as specified.
Revised 1-12-22—See last page. 97
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AB 916 —2—
4.a
Existing law provides that an accessory dwelling unit may either be an
attached or detached residential dwelling unit, and prescribes the
minimum and maximum unit size requirements and height limitations
a local agency may establish, including a 16-feet height limitation.
Existing law provides that a local agency shall ministerially approve
an application for a building permit within a residential or mixed -use
zone to create not more than 2 accessory dwelling units that are located
on a lot that has an existing multifamily dwelling, but are detached from
that multifamily dwelling and are subject to a height limitation of 16
feet, among other requirements.
This bill would instead authorize a local agency to establish a height
limitation of 18 feet for those accessory dwelling units located on a lot
that has an existing multifamily and multistory dwelling. The bill would
specify that a local agency shall ministerially approve an application
for a building permit within a residential or mixed -use zone to create
not more than 2 accessory dwelling units that are located on a lot that
has an existing multifamily dwelling, but are detached from that
multifamily dwelling and are subject to a height limitation of 184eet-,
feet.
By imposing additional duties on local officials, the bill would impose
a state -mandated local program.
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 65850.02 is added to the Government
2 Code, immediately following Section 65850.01, to read:
3 65850.02. (a) Notwithstanding any other law, with respect to
4 land zoned for residential use, the legislative body of a city or
5 county shall not adopt or enforce an ordinance requiring a public
6 hearing as a condition of adding space for additional bedrooms or
7 reconfiguring existing space to increase the bedroom count within
8 an existing house, condominium, apartment, or dwelling.
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— 3 — AB 916
4.a
1 (b) The Legislature finds and declares that ensuring adequate
2 housing is a matter of statewide concern and is not a municipal
3 affair, as that term is used in Section 5 of Article IX of the
4 California Constitution. Therefore, this section applies to all cities,
5 including charter cities.
6 SiG-�Seetiott 6CO�z'' of the Govet!tttnetit Gode, " eta a
7
8 to
9 , by ordittattee, provide
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11 single family or multifamily dwelling residential ttse. The
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13
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19 regarding the adeqttaey of water and sewer serviees bef-ore
20 designating an area where aeeessory dwelling tmits may —be
21 Vied.
22 (B) (i) impose standards ott aeeessoty dwelling tmits that,
23 ,
24 arehiteetttralrevievt, rfr inmiir 5 to of a tmit, and standard-stha
25 prevent adverse impaets ott atty feal property that is listed i
26 Galiforttia Register of Historie Resottrees. These standards
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39 the primary fesidettee, bttt may not be sold or otherwise eotweye
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AB 916
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family
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to allow
itteittdes
single or
tymltif��
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ttse and
a proposed
or existing
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(iv)
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primar
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floor
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of
No
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be for
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living
(vii)
setbaek shall
feqttifed
area o
att existing
dimensions
is
and
to the same
as att
extAttig stmetttre that
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be
for _
and i
sidefeat!
shall
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ttsed, if t!eqttit!ed.
dwelling _
tits shall
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spaees
may provid-: :-
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based
areas
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not
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topographieal
This
or and
safi�� eotiditiotts.
dwelling
(111)
elattse shall
not apply to
att aeeessoty ttttit,
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itt height
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side
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fiamily
dwelling o
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the physieal
dimensions
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side and rear yard
setbaeks
for a lo
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fiamily dwelling.
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—9—
AB 916
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dwelli..',
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relation
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ttttit
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a
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single
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that
dwelling
shalibe
proportionate
based
to
the:bttt!dett
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of
the proposed
feet
ae
ttttit,
ttpott
either
sqttat!e
or the tm
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or sewer
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system.
or
eharge
shall
not
exeeed the reaso
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loeal
agettey and shall
provide
the
loeal
agettey
with
a reasonable
time,12
13
tio longer than
30 days,
to
respond
to the
fitidings-
C.
o eomply
with this
seetiott.
•ordinatteeagette
1 shall
itteittde findings
itt its
resoitttionadopting
the
ordittatte
21 explain
the reasons the
loeal
agettey
believes
that
the ordittaflee
22
this
despite
the
fitidings
the
department.
eonViies
with seetiott
of
27 department
shall notify
the
loeal
agettey
and
may
tiotify-+he
28 Attorney
•
Getteral that
(B) Before notifying
the loealviolation
the
Attorney
Getteral
that
the
loeal
ageney
30 is
in violation of state
lav�-,
the department
may
eotisider
wh
33
(i) The department
may
revtevt,
adopt,
amend,
or
repea4
35 sttppletnetit
or elarify the
terms,
referettees,
and
standards
set Fort
followingteftns
meattt•
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AB 916 —12 —
1Aeeessaty
dwelling
»
2
residential
4wellitig
tmit
that provides
eomplete
independent
li
3
4
5
,
and sanitation
o
6
the same
pareel as
the single
family
or
tymitifatnily
dwelling i
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9
.
10
,
11
Health and
Safety
Code.-
12
13
and itteidetital
to
a dwelling
loeated
ott
the same
lot.
14
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15
17958.1 of
the Health
and
Safety
Gode.
"I=ivitig
16
(4)
area"
meatis
the
in+erior
habitable area
of a dwelling
E
17
ittelftditig
basements
bttt
does
itteittde
ttttit,
and
atties,
not
a garage
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19
20
whether getteral
law
ofr
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22
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o
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to the skr,
and
extends
ffom
a
street
to otte
entrattee of
the
26
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27
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28
29
iplieatiott
and
that meets
the t!eqttit!etiten+s
for petmittittg.
m
30
31
traitts, sttbways,
and other
forms
of
transportation
that eharge
se
32
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, litted
35
ttp behind
otte another.N
36
a
37
38
eertifieate
of oeettpattey
for the
primary
dwellitigm.
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39
97
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—13 — AB 916
4.a
Seetio
P41ie..
(Division_
with
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of the
..e),
exeept that.
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8 department
and eompliattee
with this
division.
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23 t!eqttest
is made.
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of that date is
repealed.
Government
Gode,
of the
as
amett
Chapter�2.2
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of the
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31
family
dwelling
The
single
or tymitifamily
residentialtt32
se.
ordittanee
shall do
all of the fiollowittgt
loeal
esignate areas
within the ittrisdietiott
of
the
ageney
35
be based
i
of areas
may
on the adeqttaey of
water
and sewer
se
37
A loeal
does
p4lie
safety.
agettey that not
provide
water
or
sewe
•
before
regarding
the adeqttaey
of water and
sewer
setviees
97
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AB 916
—14—
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I designating
dwelling
att
area where aeeessaty
tttitts tft
permitted.
itteittde,
bttt
limited
height,
land
are
not to, parking,
setbaek,
standard4
6
impaets
4tat
is listed in
prevent
adverse
ott atty
real
property
not
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lotsize.
9
Notwithstanding
loeal
(ii)
elattse
(i), a
agettey
may redft
10
For
dwelli
elimittate
parking
reqttiremetits
atty
weessory
I I loea
-: within its
ittrisdietiott.
15
is
.--
that eotisistetit
with the
existing
getteral
::
designation16
18 the
following!
19
The
dwelling
be
(i) Weessory
ttttit
may
rented
separate
20
-
- bttt
be
-
- -;
primary
:- may
not
sold
or
eon-
21 separate:-
22
The lot
is -:
(ii)
to allow
24 dwelling.
27
attaehed
garages,
storage areas
or
similar
ttses, or
att aeees
dwelling
loeated
lot
and
ott the same
as the
proposed
or exi
if is
dwelling,
floor31
(iv) there
att existing primary
the
total :
33 of
the existing primary
dwelling.
34
The
floor
-
(v) total
area
_
35 shall
not exeeed
.. sqttat!e feet.
•
40
dimensions
and
to the same
as
att extAttig
sttuetttt!e
that
97
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—15—
AB 916
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itt
. eotisttueted thesame :-:
8 dwellings,
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as appropriate-
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1 disposal
systembeing
-.tiffemetits
.--;
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f-or
weessory
13 bedroom,
is less.
These be
14 tatidem
15
whiehever
parking
Off-street
spaees may provid
be itt
(11)
parking
shall
permitted set-baek a
17
findings
itt
parking,
18
tttiless speeifie
is
ave made that parking sfe.
feasible based
areas
•
or tatidem parking
tiot
five
ftpott speeifie si.
life
regional_
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raphieal
This
or
and safi�� eotiditiotts.
(111)
22
elattse shall
When
not
apply to: aeeessory
(xi)
a garage,
earport,
or eovered parking stmewire
25
-
-;;-
agettey
• replaeed.
shall: :.
that
those off-street parking ;-
•
fire
if
for
sprinklers they
a.-
the primaty residenee
1
loealpolier,
atty
or
program:- :.
34
-etio
6�901
65906
notwithstanding
.
or
•
40 lot.
if
dwellitt
the permit applieatiott
to eveateaeeessoty
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AB 916 —16 —
9
delar, 60
day be
Fo
reqttests
1
a the
delay. if
time period shall
loealagettey has
tolled
period
of the the
not
:--: ttpoti-
13 it for
eosts ittettrred
to implement
this paragraph,
itteittding-+he
14 eosts
of adopting or
amending
atty ordittattee
that
provides fim! the
15 ereatiott
of att neessory
loeal
agettey
or att aeeessory
18 adopted
by a loeal
agettey shall
provide att
approval
proees
itteittdes
For
ottly ministerial
provisions
the
approval
of weessory
1 dwelling
ttttits and
shall not
itteittde atty
diseretiottaty
: :-
25 voidd
-A4.q.-d that agettey
shall thereafter
apply
the standards
establishe
1
delay
or dettial
of a bttilditig
:-
.-
wi31 der
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34 dwelling
ttttit ott
a lot that
itteittdes a
proposed
or existing
35
fiamily dwelling.
No
thatt those
single
additional
standards,
other
36 provided
itt this s4divisiott,
shall be ttsed
or imposed
exeept that,
• owner
oeettpatit or
that the property
be ttsed
f-or
rentals of terms
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1
-;
dwelling
is
less- -
attaehed:
:- ;-
aeeessoty
tmit that
I I of the
foil :.
850
dwelling
ttttit
that provides
R :-:
R
for
other
mitti:xttittttn
stze
att aeeesso
16 dwelling
based
ttttit, size
ttpott
a pereetitage
of the
proposed OF
floorare
eoverage,
• detaehed
dwellings
does
least
•..
that not
permit
at
att
1
dwellingfeet
aeeessoty
21 -:-
dwelling
lot
has
:-
ttttit ott a
that
22 dwelling,
itt height
f-ottr foot
with
side
and rear
yard
setbaeks to
24 standards.
lav�-,
loeal
r
a
agettey,
whether:
27 itt
impose
aeeordattee
with s4divisiott
(a),
shall
tiot
parki-itg
1
dwelling
is
loeated
half
aeeessoty
ttttit
within
mile
otte
31 walking
distattee
of :.. lie transit.
33
historieally-;
arehiteetttrally
and
-
dwelling
is
weessory
ttttit
paft
of the
proposed :
• of the
aeeessoty
dwelli...
97
Packet Pg. 44
—19—
AB 916
4.a
Notwithstanding-.::
.-
4 any
of the
;.
dwelling
lot
dwelling6
ttttit per
-e following
dwelling
with a proposed
:::
or existing
single
dwe
9
is
aeeessory
tmit
ot juniv,
cteeessory
family
dwelli
ttttit
within
the
proposed
spaee
of a single
12 beyond
dimensions
the
same
physi.eal
as the
existing
aeee
15 ingress
;:
egress.
17 single
family
dwellitig-.
dwelling
21
- -
. .
23
family dwelling.
The
with
a proposed
or
existing
single
aee
27
A
floor
limitation
•00
•
•
•
(i) total
(ii) A height
limitation
area
of
of 16 feet.
not more thatt
30
dwelling
of
existing
tymitifamily
stItuetttres that
are not tts
32
basements,or
rooms,passageways,atties,
garages,
.
•
39 ffom
dwelling
height;
that
tymitifamily
and
are sttbjeet
to a
97
m
Packet Pg. 45
4.a
AB 916 —20-
1
18 feet
and
fottr-foat
rear
yard md
side sethaeks.
The two aeeesso.rY
2
dwelling
ttttits
may
be
attaehed
to eaeh other.
3
,
4
5
dwelling
jr aeeesso
dwelling
ttttit, the eorreetto
6
.
7
(3)
The installation
of fire sprinklers
shall
not be t!eqttit!ed
i
8
aeeessoty
dwelling
ttttit
if sprinklers
are
not required For
the
9
.
10
11
12
lot, sttbjeet
to the reqttifemetits
of
paragraph
(6) of st+division-(a�-.
13
14
m
15
longer
thatt
30 days.
16
E
17
18
Q
19
the last
five
years,
or,'
c
20
within
the last
10 yeafsr
21
22
23
24
dwelling
stfttetttfes
shall
mittistefially
eotisidef
a permit applieatio0
25
r
26
r
x
27
28
dwelling
ttttits.
These
Standards
shall tiot itteittde
fequifemetits
o
00
29
lot
30
31
ttttits
shall
be detetmitted
itt
aeeofdattee
with Ghapt
32
m
33
34
E
35
loeal
distfiet,
to be
agetter,
speeial
or
water eofporatiott
a tielffN
36
a
37
a�
38
tttiless
the
aeeessoty
dwelling
ttttit was eotistmeted
with
a tie
E
39
r
a
97
Packet Pg. 46
—21—
AB 916
4.a
5
be
itt
•
shall
of the
eharged
primary
dwelli..',
proportionately
relation
to the sqttat!e
1
- does
-:
-:::-
::-
tiot.;-
atty
12
-:
::
•
family
dwelling.26
ttttit
was eotistmeted
with
a tiew
single
be
bttt!dett
that
shall
proportionate
to the
of
the proposed
ae
•
•
Plumbing
Code
by ititertma
1
adopted
and
Meehattieal
ptthlished
Offieials,
the
31
This fee
32
or sewer
eost
system.
of providing
or eharge
shall
not
exeeed the reaso
35
- -; -
lling
dwe37
Department
11
adopted
pttt!sttatit
to s4divisiott
(a)
to the
of
•
97
m
Packet Pg. 47
AB 916
—22-
4.a
2 with
this w%,LiVII.
department
5 loeal
11 vith this
seetion,
the
loeal
shall
notify
the
agettey and shall
longer 30
provide
days,
the
-pond
agettey
with
findings
a reasonable
• time,
tio thatt
to
the
:- :
9 department
do
pttt!sttatit to
- t!aph
(-A)
and
shall
otte
of th-e
ordittattee
to eomply
with this
seetiott.
13
findings itt
its
shall
.;-
loeal
resoitttiottadopting
believes
the
ordittane14
explain
the reasons the
despite
agettey
findings
that
the ordittattee
department.
eomplies
with this seetiott
the
of the
does
response15
: the ;-:
findings
not
adopt
a resolt18
with
•
explaining
the
reason
the
ordittattee
eonviies
wit
this
1 department
seetiott and addressing
loeal
_
21 Attorney
shall notify
Getteral
the
loeal
agetteymay
is in
:
law.
22
that the
Before
agettey
Attorney
Getteral
violation
of state
loeal
(B) notifying
the
that
the
agette
24
loeal
itt
:
agettey adopted att
The depaftmetit
ordittattee
eompliattee
with
this
se:
•
may-
adopt,
amend,
of
fepea4
•
f-oft
sttppletnetit
or elarify the
- The
terms,
feferettees,
and
standards
set i
1
this seetiott. _gttidelities
adopted
pmsttatit
to this
Seetiott
st+di
:-
11340)
are
31 of
P.
_'ith
38
family
dwelling
i
the
39
same pareel as the single
be Att
of
multifamily
will
41
sitttated. aeeessorydwelling
- .
also
. :-
97
m
Packet Pg. 48
—23—
AB 916
4.a
-:
::-
.0 . ... . ......
-- olp-MIR
L[I,
12 whether
-ral law
or
eftartered.
14 1
does
,tit ott a
property
that
not
eottfoftn
to etttTetit
15
d :-
ffom
to the
skr,
and
extends17
a street
to om
enitane,-:
18 aeeessoty
dwelling
.
•
is
meatisng
that
the
sttbj
1
_
a petmit
applieatiott
and
that meets
the
reqttiremetits:
;-
23
'her
forms
traitts,
st+
of transportation
that
ehars,
24 fares,
mtt
tromates,
and are
available
to the
pt+lie.
•
-
1
-: -
: :--.::"
--
:
lessett
the effeet
or applieatiott
•
(Division
•
ottott•
1 department
and eompliattee
with
this
division.
97
m
Packet Pg. 49
AB 916 — 24 —
4.a
1
2
3 Division 13 of the Health and Saft�� Code for an aeeesso
4 ,
5 agener, upon request of an owner of an aeeessory dwelling tmit,
6 for a delay in enforeement,
7 standard,
8 .
9 ,
10 -20-20
11 (2) The aeeessory dwelling unit was built on or after 4aitua
12 , at the time the aeeesso
13 dwelling unit was built,
14 tmit ordinanee, but the ordinanee is eompliant at the tim
15 request is made.
16 , -20
17 SEC. 2. Section 65852.2 of the Government Code, as amended
18 by Section I of Chapter 343 of the Statutes of 2021, is amended
19 to read:
20 65852.2. (a) (1) A local agency may, by ordinance, provide
21 for the creation of accessory dwelling units in areas zoned to allow
22 single-family or multifamily dwelling residential use. The
23 ordinance shall do all of the following:
24 (A) Designate areas within the jurisdiction of the local agency
25 where accessory dwelling units may be permitted. The designation
26 of areas may be based on the adequacy of water and sewer services
27 and the impact of accessory dwelling units on traffic flow and
28 public safety. A local agency that does not provide water or sewer
29 services shall consult with the local water or sewer service provider
30 regarding the adequacy of water and sewer services before
31 designating an area where accessory dwelling units may be
32 permitted.
33 (B) (i) Impose standards on accessory dwelling units that
34 include, but are not limited to, parking, height, setback, landscape,
35 architectural review, maximum size of a unit, and standards that
36 prevent adverse impacts on any real property that is listed in the
37 California Register of Historical Resources. These standards shall
38 not include requirements on minimum lot size.
97
Packet Pg. 50
— 25 — AB 916
4.a
1 (ii) Notwithstanding clause (i), a local agency may reduce or
2 eliminate parking requirements for any accessory dwelling unit
3 located within its jurisdiction.
4 (C) Provide that accessory dwelling units do not exceed the
5 allowable density for the lot upon which the accessory dwelling
6 unit is located, and that accessory dwelling units are a residential
7 use that is consistent with the existing general plan and zoning
8 designation for the lot.
9 (D) Require the accessory dwelling units to comply with all of
10 the following:
11 (i) Except as provided in Section 65852.26, the accessory
12 dwelling unit may be rented separate from the primary residence,
13 but may not be sold or otherwise conveyed separate from the
14 primary residence.
15 (ii) The lot is zoned to allow single-family or multifamily
16 dwelling residential use and includes a proposed or existing
17 dwelling.
18 (iii) The accessory dwelling unit is either attached to, or located
19 within, the proposed or existing primary dwelling, including
20 attached garages, storage areas areas, or similar uses, or an
21 accessory structures is detached from the proposed or existing
22 primary dwelling and located on the same lot as the proposed or
23 existing primary dwelling.
24 (iv) If there is an existing primary dwelling, the total floor area
25 of an attached accessory dwelling unit shall not exceed 50 percent
26 of the existing primary dwelling.
27 (v) The total floor area for a detached accessory dwelling unit
28 shall not exceed 1,200 square feet.
29 (vi) No passageway shall be required in conjunction with the
30 construction of an accessory dwelling unit.
31 (vii) No setback shall be required for an existing living area or
32 accessory structure or a structure constructed in the same location
33 and to the same dimensions as an existing structure that is
34 converted to an accessory dwelling unit or to a portion of an
35 accessory dwelling unit, and a setback of no more than four feet
36 from the side and rear lot lines shall be required for an accessory
37 dwelling unit that is not converted from an existing structure or a
38 new structure constructed in the same location and to the same
39 dimensions as an existing structure.
97
Packet Pg. 51
AB 916 —26-
4.a
1 (viii) Local building code requirements that apply to detached
2 dwellings, as appropriate.
3 (ix) Approval by the local health officer where a private sewage
4 disposal system is being used, if required.
5 (x) (I) Parking requirements for accessory dwelling units shall
6 not exceed one parking space per accessory dwelling unit or per
7 bedroom, whichever is less. These spaces may be provided as
8 tandem parking on a driveway.
9 (II) Offstreet parking shall be permitted in setback areas in
10 locations determined by the local agency or through tandem
11 parking, unless specific findings are made that parking in setback
12 areas or tandem parking is not feasible based upon specific site or
13 regional topographical or fire and life safety conditions.
14 (III) This clause shall not apply to an accessory dwelling unit
15 that is described in subdivision (d).
16 (xi) When a garage, carport, or covered parking structure is
17 demolished in conjunction with the construction of an accessory
18 dwelling unit or converted to an accessory dwelling unit, the local
19 agency shall not require that those offstreet parking spaces be
20 replaced.
21 (xii) Accessory dwelling units shall not be required to provide
22 fire sprinklers if they are not required for the primary residence.
23 (2) The ordinance shall not be considered in the application of
24 any local ordinance, policy, or program to limit residential growth.
25 (3) A permit application for an accessory dwelling unit or a
26 junior accessory dwelling unit shall be considered and approved
27 ministerially without discretionary review or a hearing,
28 notwithstanding Section 65901 or 65906 or any local ordinance
29 regulating the issuance of variances or special use permits. The
30 permitting agency shall act on the application to create an accessory
31 dwelling unit or a junior accessory dwelling unit within 60 days
32 from the date the local agency receives a completed application if
33 there is an existing single-family or multifamily dwelling on the
34 lot. If the permit application to create an accessory dwelling unit
35 or a junior accessory dwelling unit is submitted with a permit
36 application to create a new single-family dwelling on the lot, the
37 permitting agency may delay acting on the permit application for
38 the accessory dwelling unit or the junior accessory dwelling unit
39 until the permitting agency acts on the permit application to create
40 the new single-family dwelling, but the application to create the
97
Packet Pg. 52
— 27 — AB 916
4.a
1 accessory dwelling unit or junior accessory dwelling unit shall be
2 considered without discretionary review or hearing. If the applicant
3 requests a delay, the 60-day time period shall be tolled for the
4 period of the delay. If the local agency has not acted upon the
5 completed application within 60 days, the application shall be
6 deemed approved. A local agency may charge a fee to reimburse
7 it for costs incurred to implement this paragraph, including the
8 costs of adopting or amending any ordinance that provides for the
9 creation of an accessory dwelling unit.
10 (4) An existing ordinance governing the creation of an accessory
11 dwelling unit by a local agency or an accessory dwelling ordinance
12 adopted by a local agency shall provide an approval process that
13 includes only ministerial provisions for the approval of accessory
14 dwelling units and shall not include any discretionary processes,
15 provisions, or requirements for those units, except as otherwise
16 provided in this subdivision. If a local agency has an existing
17 accessory dwelling unit ordinance that fails to meet the
18 requirements of this subdivision, that ordinance shall be null and
19 void and that agency shall thereafter apply the standards established
20 in this subdivision for the approval of accessory dwelling units,
21 unless and until the agency adopts an ordinance that complies with
22 this section.
23 (5) No other local ordinance, policy, or regulation shall be the
24 basis for the delay or denial of a building permit or a use permit
25 under this subdivision.
26 (6) This subdivision establishes the maximum standards that
27 local agencies shall use to evaluate a proposed accessory dwelling
28 unit on a lot that includes a proposed or existing single-family
29 dwelling. No additional standards, other than those provided in
30 this subdivision, shall be used or imposed, including any
31 owner -occupant requirement, except that a local agency may
32 require that the property be used for rentals of terms longer than
33 30 days.
34 (7) A local agency may amend its zoning ordinance or general
35 plan to incorporate the policies, procedures, or other provisions
36 applicable to the creation of an accessory dwelling unit if these
37 provisions are consistent with the limitations of this subdivision.
38 (8) An accessory dwelling unit that conforms to this subdivision
39 shall be deemed to be an accessory use or an accessory building
40 and shall not be considered to exceed the allowable density for the
97
Packet Pg. 53
AB 916 — 28 —
4.a
1 lot upon which it is located, and shall be deemed to be a residential
2 use that is consistent with the existing general plan and zoning
3 designations for the lot. The accessory dwelling unit shall not be
4 considered in the application of any local ordinance, policy, or
5 program to limit residential growth.
6 (b) When a local agency that has not adopted an ordinance
7 governing accessory dwelling units in accordance with subdivision
8 (a) receives an application for a permit to create an accessory
9 dwelling unit pursuant to this subdivision, the local agency shall
10 approve or disapprove the application ministerially without
11 discretionary review pursuant to subdivision (a). The permitting
12 agency shall act on the application to create an accessory dwelling
13 unit or a junior accessory dwelling unit within 60 days from the
14 date the local agency receives a completed application if there is
15 an existing single-family or multifamily dwelling on the lot. If the
16 permit application to create an accessory dwelling unit or a junior
17 accessory dwelling unit is submitted with a permit application to
18 create a new single-family dwelling on the lot, the permitting
19 agency may delay acting on the permit application for the accessory
20 dwelling unit or the junior accessory dwelling unit until the
21 permitting agency acts on the permit application to create the new
22 single-family dwelling, but the application to create the accessory
23 dwelling unit or junior accessory dwelling unit shall still be
24 considered ministerially without discretionary review or a hearing.
25 If the applicant requests a delay, the 60-day time period shall be
26 tolled for the period of the delay. If the local agency has not acted
27 upon the completed application within 60 days, the application
28 shall be deemed approved.
29 (c) (1) Subject to paragraph (2), a local agency may establish
30 minimum and maximum unit size requirements for both attached
31 and detached accessory dwelling units.
32 (2) Notwithstanding paragraph (1), a local agency shall not
33 establish by ordinance any of the following:
34 (A) A minimum square footage requirement for either an
35 attached or detached accessory dwelling unit that prohibits an
36 efficiency unit.
37 (B) A maximum square footage requirement for either an
38 attached or detached accessory dwelling unit that is less than either
39 of the following:
40 (i) 850 square feet.
97
Packet Pg. 54
29 — AB 916
4.a
1 (ii) 1,000 square feet for an accessory dwelling unit that provides
2 more than one bedroom.
3 (C) Any other minimum or maximum size for an accessory
4 dwelling unit, size based upon a percentage of the proposed or
5 existing primary dwelling, or limits on lot coverage, floor area
6 ratio, open space, and minimum lot size, for either attached or
7 detached dwellings that does not permit at least an 800 square foot
8 accessory dwelling unit that is at least 164eetfeet, or 18 feet for
9 an accessory dwelling unit on a lot that has an existing multifamily
10 and multistory dwelling, in height with four -foot side and rear yard
11 setbacks to be constructed in compliance with all other local
12 development standards.
13 (d) Notwithstanding any other law, a local agency, whether or
14 not it has adopted an ordinance governing accessory dwelling units
15 in accordance with subdivision (a), shall not impose parking
16 standards for an accessory dwelling unit in any of the following
17 instances:
18 (1) The accessory dwelling unit is located within one-half mile
19 walking distance of public transit.
20 (2) The accessory dwelling unit is located within an
21 architecturally and historically significant historic district.
22 (3) The accessory dwelling unit is part of the proposed or
23 existing primary residence or an accessory structure.
24 (4) When on -street parking permits are required but not offered
25 to the occupant of the accessory dwelling unit.
26 (5) When there is a car share vehicle located within one block
27 of the accessory dwelling unit.
28 (e) (1) Notwithstanding subdivisions (a) to (d), inclusive, a
29 local agency shall ministerially approve an application for a
30 building permit within a residential or mixed -use zone to create
31 any of the following:
32 (A) One accessory dwelling unit and one junior accessory
33 dwelling unit per lot with a proposed or existing single-family
34 dwelling if all of the following apply:
35 (i) The accessory dwelling unit or junior accessory dwelling
36 unit is within the proposed space of a single-family dwelling or
37 existing space of a single-family dwelling or accessory structure
38 and may include an expansion of not more than 150 square feet
39 beyond the same physical dimensions as the existing accessory
40 structure. An expansion beyond the physical dimensions of the
97
Packet Pg. 55
AB 916 —30
4.a
1 existing accessory structure shall be limited to accommodating
2 ingress and egress.
3 (ii) The space has exterior access from the proposed or existing
4 single-family dwelling.
5 (iii) The side and rear setbacks are sufficient for fire and safety.
6 (iv) The junior accessory dwelling unit complies with the
7 requirements of Section 65852.22.
8 (B) One detached, new construction, accessory dwelling unit
9 that does not exceed four -foot side and rear yard setbacks for a lot
10 with a proposed or existing single-family dwelling. The accessory
11 dwelling unit may be combined with a junior accessory dwelling
12 unit described in subparagraph (A). A local agency may impose
13 the following conditions on the accessory dwelling unit:
14 (i) A total floor area limitation of not more than 800 square feet.
15 (ii) A height limitation of 16 feet.
16 (C) (i) Multiple accessory dwelling units within the portions
17 of existing multifamily dwelling structures that are not used as
18 livable space, including, but not limited to, storage rooms, boiler
19 rooms, passageways, attics, basements, or garages, if each unit
20 complies with state building standards for dwellings.
21 (ii) A local agency shall allow at least one accessory dwelling
22 unit within an existing multifamily dwelling and shall allow up to
23 25 percent of the existing multifamily dwelling units.
24 (D) Not more than two accessory dwelling units that are located
25 on a lot that has an existing multifamily dwelling, but are detached
26 from that multifamily dwelling and are subject to a height limit of
27 4-6 18 feet and four -foot rear yard and side setbacks.
28 (2) A local agency shall not require, as a condition for ministerial
29 approval of a permit application for the creation of an accessory
30 dwelling unit or a junior accessory dwelling unit, the correction
31 of nonconforming zoning conditions.
32 (3) The installation of fire sprinklers shall not be required in an
33 accessory dwelling unit if sprinklers are not required for the
34 primary residence.
35 (4) A local agency shall require that a rental of the accessory
36 dwelling unit created pursuant to this subdivision be for a term
37 longer than 30 days.
38 (5) A local agency may require, as part of the application for a
39 permit to create an accessory dwelling unit connected to an onsite
40 wastewater treatment system, a percolation test completed within
97
Packet Pg. 56
— 31— AB 916
4.a
1 the last five years, or, if the percolation test has been recertified,
2 within the last 10 years.
3 (6) 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 home.
97
Packet Pg. 57
AB 916 — 32 —
4.a
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
97
Packet Pg. 58
— 33 — AB 916
4.a
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) "Nonconforming zoning condition" means a physical
35 improvement on a property that does not conformer to current
36 zoning standards.
37 (7) "Passageway" means a pathway that is ..r,.b..t.. et a
38 unobstructed, clear to theme sky, and extends from a street to one
39 entrance of the accessory dwelling unit.
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1 (8) "Proposed dwelling" means a dwelling that is the subject of
2 a permit application and that meets the requirements for permitting.
3 (9) "Public transit" means a location, including, but not limited
4 to, a bus stop or train station, where the public may access buses,
5 trains, subways, and other forms of transportation that charge set
6 fares, run on fixed routes, and are available to the public.
7 (10) "Tandem parking" means that two or more automobiles
8 are parked on a driveway or in any other location on a lot, lined
9 up behind one another.
10 (k) A local agency shall not issue a certificate of occupancy for
11 an accessory dwelling unit before the local agency issues a
12 certificate of occupancy for the primary dwelling.
13 (� Nothing in this section shall be construed to supersede or in
14 any way alter or lessen the effect or application of the California
15 Coastal Act of 1976 (Division 20 (commencing with Section
16 30000) of the Public Resources Code), except that the local
17 government shall not be required to hold public hearings for coastal
18 development permit applications for accessory dwelling units.
19 (m) A local agency may count an accessory dwelling unit for
20 purposes of identifying adequate sites for housing, as specified in
21 subdivision (a) of Section 65583.1, subject to authorization by the
22 department and compliance with this division.
23 (n) In enforcing building standards pursuant to Article 1
24 (commencing with Section 17960) of Chapter 5 of Part 1.5 of
25 Division 13 of the Health and Safety Code for an accessory
26 dwelling unit described in paragraph (1) or (2) below, a local
27 agency, upon request of an owner of an accessory dwelling unit
28 for a delay in enforcement, shall delay enforcement of a building
29 standard, subject to compliance with Section 17980.12 of the
30 Health and Safety Code:
31 (1) The accessory dwelling unit was built before January 1,
32 2020.
33 (2) The accessory dwelling unit was built on or after January
34 1, 2020, in a local jurisdiction that, at the time the accessory
35 dwelling unit was built, had a noncompliant accessory dwelling
36 unit ordinance, but the ordinance is compliant at the time the
37 request is made.
38 (o) This section shall remain in effect only until January 1, 2025,
39 and as of that date is repealed.
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1 SEC. 3. Section 65852.2 of the Government Code, as amended
2 by Section 2 of Chapter 343 of the Statutes of 2021, is amended
3 to read.-
4 65852.2. (a) (1) A local agency may, by ordinance, provide
5 for the creation of accessory dwelling units in areas zoned to allow
6 single-family or multifamily dwelling residential use. The
7 ordinance shall do all of the following:
8 (A) Designate areas within the jurisdiction of the local agency
9 where accessory dwelling units may be permitted. The designation
10 of areas may be based on the adequacy of water and sewer services
11 and the impact of accessory dwelling units on traffic flow and
12 public safety. A local agency that does not provide water or sewer
13 services shall consult with the local water or sewer service provider
14 regarding the adequacy of water and sewer services before
15 designating an area where accessory dwelling units may be
16 permitted.
17 (B) (i) Impose standards on accessory dwelling units that
18 include, but are not limited to, parking, height, setback, landscape,
19 architectural review, maximum size of a unit, and standards that
20 prevent adverse impacts on any real property that is listed in the
21 California Register of Historical Resources. These standards shall
22 not include requirements on minimum lot size.
23 (ii) Notwithstanding clause (i), a local agency may reduce or
24 eliminate parking requirements for any accessory dwelling unit
25 located within its jurisdiction.
26 (C) Provide that accessory dwelling units do not exceed the
27 allowable density for the lot upon which the accessory dwelling
28 unit is located, and that accessory dwelling units are a residential
29 use that is consistent with the existing general plan and zoning
30 designation for the lot.
31 (D) Require the accessory dwelling units to comply with all of
32 the following:
33 (i) Except as provided in Section 65852.26, the accessory
34 dwelling unit may be rented separate from the primary residence,
35 but may not be sold or otherwise conveyed separate from the
36 primary residence.
37 (ii) The lot is zoned to allow single-family or multifamily
38 dwelling residential use and includes a proposed or existing
39 dwelling.
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1 (iii) The accessory dwelling unit is either attached to, or located
2 within, the proposed or existing primary dwelling, including
3 attached garages, storage areas areas, or similar uses, or an
4 accessory structures is detached from the proposed or existing
5 primary dwelling and located on the same lot as the proposed or
6 existing primary dwelling.
7 (iv) If there is an existing primary dwelling, the total floor area
8 of an attached accessory dwelling unit shall not exceed 50 percent
9 of the existing primary dwelling.
10 (v) The total floor area for a detached accessory dwelling unit
11 shall not exceed 1,200 square feet.
12 (vi) No passageway shall be required in conjunction with the
13 construction of an accessory dwelling unit.
14 (vii) No setback shall be required for an existing living area or
15 accessory structure or a structure constructed in the same location
16 and to the same dimensions as an existing structure that is
17 converted to an accessory dwelling unit or to a portion of an
18 accessory dwelling unit, and a setback of no more than four feet
19 from the side and rear lot lines shall be required for an accessory
20 dwelling unit that is not converted from an existing structure or a
21 new structure constructed in the same location and to the same
22 dimensions as an existing structure.
23 (viii) Local building code requirements that apply to detached
24 dwellings, as appropriate.
25 (ix) Approval by the local health officer where a private sewage
26 disposal system is being used, if required.
27 (x) (I) Parking requirements for accessory dwelling units shall
28 not exceed one parking space per accessory dwelling unit or per
29 bedroom, whichever is less. These spaces may be provided as
30 tandem parking on a driveway.
31 (II) Offstreet parking shall be permitted in setback areas in
32 locations determined by the local agency or through tandem
33 parking, unless specific findings are made that parking in setback
34 areas or tandem parking is not feasible based upon specific site or
35 regional topographical or fire and life safety conditions.
36 (III) This clause shall not apply to an accessory dwelling unit
37 that is described in subdivision (d).
38 (xi) When a garage, carport, or covered parking structure is
39 demolished in conjunction with the construction of an accessory
40 dwelling unit or converted to an accessory dwelling unit, the local
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1 agency shall not require that those offstreet parking spaces be
2 replaced.
3 (xii) Accessory dwelling units shall not be required to provide
4 fire sprinklers if they are not required for the primary residence.
5 (2) The ordinance shall not be considered in the application of
6 any local ordinance, policy, or program to limit residential growth.
7 (3) A permit application for an accessory dwelling unit or a
8 junior accessory dwelling unit shall be considered and approved
9 ministerially without discretionary review or a hearing,
10 notwithstanding Section 65901 or 65906 or any local ordinance
11 regulating the issuance of variances or special use permits. The
12 permitting agency shall act on the application to create an accessory
13 dwelling unit or a junior accessory dwelling unit within 60 days
14 from the date the local agency receives a completed application if
15 there is an existing single-family or multifamily dwelling on the
16 lot. If the permit application to create an accessory dwelling unit
17 or a junior accessory dwelling unit is submitted with a permit
18 application to create a new single-family dwelling on the lot, the
19 permitting agency may delay acting on the permit application for
20 the accessory dwelling unit or the junior accessory dwelling unit
21 until the permitting agency acts on the permit application to create
22 the new single-family dwelling, but the application to create the
23 accessory dwelling unit or junior accessory dwelling unit shall be
24 considered without discretionary review or hearing. If the applicant
25 requests a delay, the 60-day time period shall be tolled for the
26 period of the delay. If the local agency has not acted upon the
27 completed application within 60 days, the application shall be
28 deemed approved. A local agency may charge a fee to reimburse
29 it for costs incurred to implement this paragraph, including the
30 costs of adopting or amending any ordinance that provides for the
31 creation of an accessory dwelling unit.
32 (4) An existing ordinance governing the creation of an accessory
33 dwelling unit by a local agency or an accessory dwelling ordinance
34 adopted by a local agency shall provide an approval process that
35 includes only ministerial provisions for the approval of accessory
36 dwelling units and shall not include any discretionary processes,
37 provisions, or requirements for those units, except as otherwise
38 provided in this subdivision. If a local agency has an existing
39 accessory dwelling unit ordinance that fails to meet the
40 requirements of this subdivision, that ordinance shall be null and
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1 void and that agency shall thereafter apply the standards established
2 in this subdivision for the approval of accessory dwelling units,
3 unless and until the agency adopts an ordinance that complies with
4 this section.
5 (5) No other local ordinance, policy, or regulation shall be the
6 basis for the delay or denial of a building permit or a use permit
7 under this subdivision.
8 (6) (A) This subdivision establishes the maximum standards
9 that local agencies shall use to evaluate a proposed accessory
10 dwelling unit on a lot that includes a proposed or existing
11 single-family dwelling. No additional standards, other than those
12 provided in this subdivision, shall be used or imposed except that,
13 subject to subparagraph (B), a local agency may require an
14 applicant for a permit issued pursuant to this subdivision to be an
15 owner -occupant or that the property be used for rentals of terms
16 longer than 30 days.
17 (B) Notwithstanding subparagraph (A), a local agency shall not
18 impose an owner -occupant requirement on an accessory dwelling
19 unit permitted between January 1, 2020, to January 1, 2025, during
20 which time the local agency was prohibited from imposing an
21 owner -occupant requirement.
22 (7) A local agency may amend its zoning ordinance or general
23 plan to incorporate the policies, procedures, or other provisions
24 applicable to the creation of an accessory dwelling unit if these
25 provisions are consistent with the limitations of this subdivision.
26 (8) An accessory dwelling unit that conforms to this subdivision
27 shall be deemed to be an accessory use or an accessory building
28 and shall not be considered to exceed the allowable density for the
29 lot upon which it is located, and shall be deemed to be a residential
30 use that is consistent with the existing general plan and zoning
31 designations for the lot. The accessory dwelling unit shall not be
32 considered in the application of any local ordinance, policy, or
33 program to limit residential growth.
34 (b) When a local agency that has not adopted an ordinance
35 governing accessory dwelling units in accordance with subdivision
36 (a) receives an application for a permit to create an accessory
37 dwelling unit pursuant to this subdivision, the local agency shall
38 approve or disapprove the application ministerially without
39 discretionary review pursuant to subdivision (a). The permitting
40 agency shall act on the application to create an accessory dwelling
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1 unit or a junior accessory dwelling unit within 60 days from the
2 date the local agency receives a completed application if there is
3 an existing single-family or multifamily dwelling on the lot. If the
4 permit application to create an accessory dwelling unit or a junior
5 accessory dwelling unit is submitted with a permit application to
6 create a new single-family dwelling on the lot, the permitting
7 agency may delay acting on the permit application for the accessory
8 dwelling unit or the junior accessory dwelling unit until the
9 permitting agency acts on the permit application to create the new
10 single-family dwelling, but the application to create the accessory
11 dwelling unit or junior accessory dwelling unit shall still be
12 considered ministerially without discretionary review or a hearing.
13 If the applicant requests a delay, the 60-day time period shall be
14 tolled for the period of the delay. If the local agency has not acted
15 upon the completed application within 60 days, the application
16 shall be deemed approved.
17 (c) (1) Subject to paragraph (2), a local agency may establish
18 minimum and maximum unit size requirements for both attached
19 and detached accessory dwelling units.
20 (2) Notwithstanding paragraph (1), a local agency shall not
21 establish by ordinance any of the following:
22 (A) A minimum square footage requirement for either an
23 attached or detached accessory dwelling unit that prohibits an
24 efficiency unit.
25 (B) A maximum square footage requirement for either an
26 attached or detached accessory dwelling unit that is less than either
27 of the following:
28 (i) 850 square feet.
29 (ii) 1,000 square feet for an accessory dwelling unit that provides
30 more than one bedroom.
31 (C) Any other minimum or maximum size for an accessory
32 dwelling unit, size based upon a percentage of the proposed or
33 existing primary dwelling, or limits on lot coverage, floor area
34 ratio, open space, and minimum lot size, for either attached or
35 detached dwellings that does not permit at least an 800 square foot
36 accessory dwelling unit that is at least 164eet feet, or 18 feet for
37 an accessory dwelling unit on a lot that has an existing multifamily
38 and multistory dwelling, in height with four -foot side and rear yard
39 setbacks to be constructed in compliance with all other local
40 development standards.
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1 (d) Notwithstanding any other law, a local agency, whether or
2 not it has adopted an ordinance governing accessory dwelling units
3 in accordance with subdivision (a), shall not impose parking
4 standards for an accessory dwelling unit in any of the following
5 instances:
6 (1) The accessory dwelling unit is located within one-half mile
7 walking distance of public transit.
8 (2) The accessory dwelling unit is located within an
9 architecturally and historically significant historic district.
10 (3) The accessory dwelling unit is part of the proposed or
11 existing primary residence or an accessory structure.
12 (4) When on -street parking permits are required but not offered
13 to the occupant of the accessory dwelling unit.
14 (5) When there is a car share vehicle located within one block
15 of the accessory dwelling unit.
16 (e) (1) Notwithstanding subdivisions (a) to (d), inclusive, a
17 local agency shall ministerially approve an application for a
18 building permit within a residential or mixed -use zone to create
19 any of the following:
20 (A) One accessory dwelling unit and one junior accessory
21 dwelling unit per lot with a proposed or existing single-family
22 dwelling if all of the following apply:
23 (i) The accessory dwelling unit or junior accessory dwelling
24 unit is within the proposed space of a single-family dwelling or
25 existing space of a single-family dwelling or accessory structure
26 and may include an expansion of not more than 150 square feet
27 beyond the same physical dimensions as the existing accessory
28 structure. An expansion beyond the physical dimensions of the
29 existing accessory structure shall be limited to accommodating
30 ingress and egress.
31 (ii) The space has exterior access from the proposed or existing
32 single-family dwelling.
33 (iii) The side and rear setbacks are sufficient for fire and safety.
34 (iv) The junior accessory dwelling unit complies with the
35 requirements of Section 65852.22.
36 (B) One detached, new construction, accessory dwelling unit
37 that does not exceed four -foot side and rear yard setbacks for a lot
38 with a proposed or existing single-family dwelling. The accessory
39 dwelling unit may be combined with a junior accessory dwelling
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1 unit described in subparagraph (A). A local agency may impose
2 the following conditions on the accessory dwelling unit:
3 (i) A total floor area limitation of not more than 800 square feet.
4 (ii) A height limitation of 16 feet.
5 (C) (i) Multiple accessory dwelling units within the portions
6 of existing multifamily dwelling structures that are not used as
7 livable space, including, but not limited to, storage rooms, boiler
8 rooms, passageways, attics, basements, or garages, if each unit
9 complies with state building standards for dwellings.
10 (ii) A local agency shall allow at least one accessory dwelling
11 unit within an existing multifamily dwelling and shall allow up to
12 25 percent of the existing multifamily dwelling units.
13 (D) Not more than two accessory dwelling units that are located
14 on a lot that has an existing multifamily dwelling, but are detached
15 from that multifamily dwelling and are subject to a height limit of
16 4-6 18 feet and four -foot rear yard and side setbacks.
17 (2) A local agency shall not require, as a condition for ministerial
18 approval of a permit application for the creation of an accessory
19 dwelling unit or a junior accessory dwelling unit, the correction
20 of nonconforming zoning conditions.
21 (3) The installation of fire sprinklers shall not be required in an
22 accessory dwelling unit if sprinklers are not required for the
23 primary residence.
24 (4) A local agency may require owner occupancy for either the
25 primary dwelling or the accessory dwelling unit on a single-family
26 lot, subject to the requirements of paragraph (6) of subdivision (a).
27 (5) A local agency shall require that a rental of the accessory
28 dwelling unit created pursuant to this subdivision be for a term
29 longer than 30 days.
30 (6) A local agency may require, as part of the application for a
31 permit to create an accessory dwelling unit connected to an onsite
32 wastewater treatment system, a percolation test completed within
33 the last five years, or, if the percolation test has been recertified,
34 within the last 10 years.
35 (7) Notwithstanding subdivision (c) and paragraph (1) a local
36 agency that has adopted an ordinance by July 1, 2018, providing
37 for the approval of accessory dwelling units in multifamily
38 dwelling structures shall ministerially consider a permit application
39 to construct an accessory dwelling unit that is described in
40 paragraph (1), and may impose standards including, but not limited
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1 to, design, development, and historic standards on said accessory
2 dwelling units. These standards shall not include requirements on
3 minimum lot size.
4 (f) (1) Fees charged for the construction of accessory dwelling
5 units shall be determined in accordance with Chapter 5
6 (commencing with Section 66000) and Chapter 7 (commencing
7 with Section 66012).
8 (2) An accessory dwelling unit shall not be considered by a
9 local agency, special district, or water corporation to be a new
10 residential use for purposes of calculating connection fees or
11 capacity charges for utilities, including water and sewer service,
12 unless the accessory dwelling unit was constructed with a new
13 single-family dwelling.
14 (3) (A) A local agency, special district, or water corporation
15 shall not impose any impact fee upon the development of an
16 accessory dwelling unit less than 750 square feet. Any impact fees
17 charged for an accessory dwelling unit of 750 square feet or more
18 shall be charged proportionately in relation to the square footage
19 of the primary dwelling unit.
20 (B) For purposes of this paragraph, "impact fee" has the same
21 meaning as the term "fee" is defined in subdivision (b) of Section
22 66000, except that it also includes fees specified in Section 66477.
23 "Impact fee" does not include any connection fee or capacity
24 charge charged by a local agency, special district, or water
25 corporation.
26 (4) For an accessory dwelling unit described in subparagraph
27 (A) of paragraph (1) of subdivision (e), a local agency, special
28 district, or water corporation shall not require the applicant to
29 install a new or separate utility connection directly between the
30 accessory dwelling unit and the utility or impose a related
31 connection fee or capacity charge, unless the accessory dwelling
32 unit was constructed with a new single-family dwelling.
33 (5) For an accessory dwelling unit that is not described in
34 subparagraph (A) of paragraph (1) of subdivision (e), a local
35 agency, special district, or water corporation may require a new
36 or separate utility connection directly between the accessory
37 dwelling unit and the utility. Consistent with Section 66013, the
38 connection may be subject to a connection fee or capacity charge
39 that shall be proportionate to the burden of the proposed accessory
40 dwelling unit, based upon either its square feet or the number of
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I its drainage fixture unit (DFU) values, as defined in the Uniform
2 Plumbing Code adopted and published by the International
3 Association of Plumbing and Mechanical Officials, upon the water
4 or sewer system. This fee or charge shall not exceed the reasonable
5 cost of providing this service.
6 (g) This section does not limit the authority of local agencies
7 to adopt less restrictive requirements for the creation of an
8 accessory dwelling unit.
9 (h) (1) A local agency shall submit a copy of the ordinance
10 adopted pursuant to subdivision (a) to the Department of Housing
11 and Community Development within 60 days after adoption. After
12 adoption of an ordinance, the department may submit written
13 findings to the local agency as to whether the ordinance complies
14 with this section.
15 (2) (A) If the department finds that the local agency's ordinance
16 does not comply with this section, the department shall notify the
17 local agency and shall provide the local agency with a reasonable
18 time, no longer than 30 days, to respond to the findings before
19 taking any other action authorized by this section.
20 (B) The local agency shall consider the findings made by the
21 department pursuant to subparagraph (A) and shall do one of the
22 following:
23 (i) Amend the ordinance to comply with this section.
24 (ii) Adopt the ordinance without changes. The local agency
25 shall include findings in its resolution adopting the ordinance that
26 explain the reasons the local agency believes that the ordinance
27 complies with this section despite the findings of the department.
28 (3) (A) If the local agency does not amend its ordinance in
29 response to the department's findings or does not adopt a resolution
30 with findings explaining the reason the ordinance complies with
31 this section and addressing the department's findings, the
32 department shall notify the local agency and may notify the
33 Attorney General that the local agency is in violation of state law.
34 (B) Before notifying the Attorney General that the local agency
35 is in violation of state law, the department may consider whether
36 a local agency adopted an ordinance in compliance with this section
37 between January 1, 2017, and January 1, 2020.
38 (i) The department may review, adopt, amend, or repeal
39 guidelines to implement uniform standards or criteria that
40 supplement or clarify the terms, references, and standards set forth
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1 in this section. The guidelines adopted pursuant to this subdivision
2 are not subject to Chapter 3.5 (commencing with Section 11340)
3 of Part 1 of Division 3 of Title 2.
4 0) As used in this section, the following terms mean:
5 (1) "Accessory dwelling unit" means an attached or a detached
6 residential dwelling unit that provides complete independent living
7 facilities for one or more persons and is located on a lot with a
8 proposed or existing primary residence. It shall include permanent
9 provisions for living, sleeping, eating, cooking, and sanitation on
10 the same parcel as the single-family or multifamily dwelling is or
11 will be situated. An accessory dwelling unit also includes the
12 following:
13 (A) An efficiency unit.
14 (B) A manufactured home, as defined in Section 18007 of the
15 Health and Safety Code.
16 (2) "Accessory structure" means a structure that is accessory
17 and incidental to a dwelling located on the same lot.
18 (3) "Efficiency unit" has the same meaning as defined in Section
19 17958.1 of the Health and Safety Code.
20 (4) "Living area" means the interior habitable area of a dwelling
21 unit, including basements and attics, but does not include a garage
22 or any accessory structure.
23 (5) "Local agency" means a city, county, or city and county,
24 whether general law or chartered.
25 (6) "Nonconforming zoning condition" means a physical
26 improvement on a property that does not conformer to current
27 zoning standards.
28 (7) "Passageway" means a pathway that is ,•r,.b..._.. e a
29 unobstructed, clear to theme sky, and extends from a street to one
30 entrance of the accessory dwelling unit.
31 (8) "Proposed dwelling" means a dwelling that is the subject of
32 a permit application and that meets the requirements for permitting.
33 (9) "Public transit" means a location, including, but not limited
34 to, a bus stop or train station, where the public may access buses,
35 trains, subways, and other forms of transportation that charge set
36 fares, run on fixed routes, and are available to the public.
37 (10) "Tandem parking" means that two or more automobiles
38 are parked on a driveway or in any other location on a lot, lined
39 up behind one another.
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1 (k) A local agency shall not issue a certificate of occupancy for
2 an accessory dwelling unit before the local agency issues a
3 certificate of occupancy for the primary dwelling.
4 (n Nothing in this section shall be construed to supersede or in
5 any way alter or lessen the effect or application of the California
6 Coastal Act of 1976 (Division 20 (commencing with Section
7 30000) of the Public Resources Code), except that the local
8 government shall not be required to hold public hearings for coastal
9 development permit applications for accessory dwelling units.
10 (m) A local agency may count an accessory dwelling unit for
11 purposes of identifying adequate sites for housing, as specified in
12 subdivision (a) of Section 65583.1, subject to authorization by the
13 department and compliance with this division.
14 (n) In enforcing building standards pursuant to Article 1
15 (commencing with Section 17960) of Chapter 5 of Part 1.5 of
16 Division 13 of the Health and Safety Code for an accessory
17 dwelling unit described in paragraph (1) or (2) below, a local
18 agency, upon request of an owner of an accessory dwelling unit
19 for a delay in enforcement, shall delay enforcement of a building
20 standard, subject to compliance with Section 17980.12 of the
21 Health and Safety Code:
22 (1) The accessory dwelling unit was built before January 1,
23 2020.
24 (2) The accessory dwelling unit was built on or after January
25 1, 2020, in a local jurisdiction that, at the time the accessory
26 dwelling unit was built, had a noncompliant accessory dwelling
27 unit ordinance, but the ordinance is compliant at the time the
28 request is made.
29 (o) This section shall become operative on January 1, 2025.
30 SEC. 4. No reimbursement is required by this act pursuant to
31 Section 6 of Article XIIIB of the California Constitution because
32 a local agency or school district has the authority to levy service
33 charges, fees, or assessments sufficient to pay for the program or
34 level of service mandated by this act, within the meaning of Section
35 17556 of the Government Code.
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1
2 REVISIONS:
3 Heading —Line 1.
4
x
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