HomeMy WebLinkAbout2022-03-22 - AGENDA REPORTS - AB 2097 SB 897 SB 1067 PARKING STANDARDSO
Agenda Item: 5
1. CITY OF SANTA CLARITA
AGENDA REPORT
CONSENT CALENDAR
CITY MANAGER APPROVAL: 1
DATE: March 22, 2022
SUBJECT: STATE LEGISLATION: ASSEMBLY BILL 2097, SENATE BILL 897,
AND SENATE BILL 1067
DEPARTMENT: City Manager's Office
PRESENTER: Masis Hagobian
RECOMMENDED ACTION
City Council oppose Assembly Bill 2097 (Friedman), Senate Bill 897 (Wieckowski), and Senate
Bill 1067 (Portantino) and transmit position statements to the authors of the bills, Santa Clarita's
state legislative delegation, appropriate legislative committees, Governor Newsom, the League
of California Cities, and other stakeholder organizations.
BACKGROUND
Under current law, local governments have the authority to adopt minimum parking standards
and impose those standards on developments built within their jurisdiction, as long as they are
consistent with state law standards. Chapter 17.42, Residential Use Types, of the Santa Clarita
Municipal Code, includes the following parking standards as it relates to residential
developments:
a. Single family unit - two enclosed parking spaces
b. Two family units - two enclosed parking spaces per unit
c. Studio units - one enclosed parking space per unit
d. One -bedroom units - two enclosed parking spaces per unit
e. Two -bedroom units - two enclosed parking spaces per unit
f. Guest parking - one parking space per each two units
g. Mobile home park - two spaces per unit, plus one guest per two units
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Furthermore, Chapter 17.43, Commercial Use Types, of the Santa Clarita Municipal Code,
generally requires a minimum parking standard of 4 to 5 parking spaces per 1,000 square feet.
The specific parking standard depends on the specific use of the commercial type, as outlined in
the Santa Clarita Municipal Code.
Assembly Bill 2097, authored by Assembly Member Laura Friedman (D-43-Glendale), would
preempt the aforementioned parking standards for any development that is located within a one-
half mile walking distance of public transit.
Senate Bill 1067, authored by Senator Anthony Portantino (D-25-La Canada Flintridge), would
preempt cities with a population greater than 200,000 from imposing a minimum parking
requirement on a residential development that is located within a one-half mile of public transit
and that either 1) dedicates 75% of the total units to low-income and very low-income
households, the elderly, or persons with disabilities, or 2) the developer demonstrates that the
development would not have a negative impact on traffic circulation or existing nearby parking
and the local agency's ability to meet housing needs.
As prescribed in Assembly Bill 2097 and Senate Bill 1067, public transit includes high -quality
transit corridors and major transit stops, as defined by state law.
State law defines a "high -quality transit corridor" as a corridor with fixed route bus service with
service intervals no longer than 15 minutes during peak commute hours.
State law defines a "major transit stop" as an existing rail or bus rapid transit station or the
intersection of two or more bus routes with a frequency of service interval of 15 minutes or less
during peak commute hours.
The City of Santa Clarita's (City) three existing Metrolink stations (Via Princessa, Santa Clarita,
and Newhall) and one future station (Vista Canyon) are all "major transit stops," as defined by
state law. The City would be restricted from imposing minimum parking requirements to
developments, as described in Assembly Bill 2097 and Senate Bill 1067, that are located within
one-half mile of the four Metrolink stations and the following three corridors:
Soledad Canyon Road/Valencia Boulevard (beginning at the Santa Clarita Metrolink
station and ending at McBean Parkway)
2. Lyons Avenue (beginning at Railroad Avenue and ending at Wiley Canyon Road)
3. Newhall Avenue (beginning at Lyons Avenue and ending at Sierra Highway)
The City imposes minimum on -site parking requirements to ensure that residents and visitors
have adequate and reasonable access to homes and businesses. Additionally, the standards serve
as a safeguard to prevent congestion of vehicle parking that may cause unsafe conditions for
surrounding residents and businesses and access challenges for emergency personnel, especially
in the event of an emergency evacuation.
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Similar to state law related to minimum parking standards, the Santa Clarita Municipal Code
includes standards that apply to the development of accessory dwelling units (ADU) in an
attempt to ensure consistency and adherence to local needs, services, and unique community
characteristics.
Senate Bill 897, authored by Senator Bob Wieckowski (D-10-Fremont), increases the maximum
height of an ADU that a local government must approve, from 16 feet to 25 feet, if the project is
located on a parcel that has an existing residential property.
The City recognizes the importance of land use planning and development of housing to meet the
growth and needs of the community. Since the state ADU law took effect, the City has issued
approximately 236 ADU permits (21 in 2017, 38 in 2018, 42 in 2019, 70 in 2020, and 65 in
2021).
Senate Bill 897 weakens local land use authority related to ADUs and further hinders the City's
ability to properly plan and develop residential zoning of single family and multi -family homes.
Additionally, this bill would adversely impact the City's ability to impose reasonable ADU
requirements to ensure public utility services, including power, water, and sewage, and meet
anticipated population, dwelling unit densities, and service requirements.
The recommendation to oppose Assembly Bill 2097, Senate Bill 897, and Senate Bill 1067 is
consistent with the City of Santa Clarita 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 2097 was double referred to the Assembly Committee on Local Government and
Assembly Committee on Housing and Community Development on February 24, 2022. A
hearing date has not been scheduled at the time this report was developed.
Senate Bill 897 has a hearing scheduled in the Senate Housing Committee on March 24, 2022.
Senate Bill 1067 had a hearing in the Senate Housing Committee on March 17, 2022. However,
the outcome of the hearing was not available at the time this report was published.
The City Council Legislative Committee met on March 8, 2022, and recommends that the City
Council adopt an "oppose" position on Assembly Bill 2097, Senate Bill 897, and Senate Bill
1067.
ALTERNATIVE ACTION
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.
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ATTACHMENTS
Assembly Bill 2097 - Bill Text
Senate Bill 897 - Bill Text
Senate Bill 1067 - Bill Text
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5.a
CALIFORNIA LEGISLATURE-2021-22 REGULAR SESSION
ASSEMBLY BILL No. 2097
Introduced by Assembly Member Friedman
(Coauthor: Assembly Member Lee)
(Coauthors: Senators Skinner and Wiener)
February 14, 2022
An act to add Section 65863.2 to the Government Code, relating to
land use.
LEGISLATIVE COUNSEL'S DIGEST
AB 2097, as introduced, Friedman. Residential and commercial
development: remodeling, renovations, and additions: parking
requirements.
The Planning and Zoning Law requires each county and city to adopt
a comprehensive, long-term general plan for its physical development,
and the development of certain lands outside its boundaries, that
includes, among other mandatory elements, a land use element and a
conservation element. Existing law also permits variances to be granted
from the parking requirements of a zoning ordinance for nonresidential
development if the variance will be an incentive to the development
and the variance will facilitate access to the development by patrons of
public transit facilities.
This bill would prohibit a public agency from imposing a minimum
automobile parking requirement, or enforcing a minimum automobile
parking requirement, on residential, commercial, or other development
if the development is located on a parcel that is within one-half mile of
public transit, as defined. When a project provides parking voluntarily,
the bill would authorize a public agency to impose specified
requirements on the voluntary parking. The bill would prohibit these
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provisions from reducing, eliminating, or precluding the enforcement
of any requirement imposed on a new multifamily or nonresidential
development to provide electric vehicle supply equipment installed
parking spaces or parking spaces that are accessible to persons with
disabilities. The bill would exempt certain commercial parking
requirements from these provisions if the requirements of the bill conflict
with an existing contractual agreement of the public agency that was
executed before January 1, 2023.
By changing the duties of local planning officials, 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 65863.2 is added to the Government
2 Code, to read:
3 65863.2. (a) A public agency shall not impose a minimum
4 automobile parking requirement, or enforce a minimum automobile
5 parking requirement, on residential, commercial, or other
6 development if the parcel is located within one-half mile of public
7 transit.
8 (b) When a project provides parking voluntarily, a public agency
9 may impose requirements on that voluntary parking to require
10 spaces for car share vehicles, require spaces to be shared with the
11 public, or require parking owners to charge for parking.
12 (c) Subdivision (a) shall not reduce, eliminate, or preclude the
13 enforcement of any requirement imposed on a new multifamily
14 residential or nonresidential development to provide electric vehicle
15 supply equipment installed parking spaces or parking spaces that
16 are accessible to persons with disabilities that would have otherwise
17 applied to the development if this section did not apply.
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1 (d) (1) Subdivision (a) shall not apply to commercial parking
2 requirements if it conflicts with an existing contractual agreement
3 of the public agency that was executed before January 1, 2023,
4 provided that all of the required commercial parking is shared with
5 the public. This subdivision shall apply to an existing contractual
6 agreement that is amended after January 1, 2023, provided that
7 the amendments do not increase commercial parking requirements.
8 (2) A project may voluntarily build additional parking that is
9 not shared with the public.
10 (e) For purposes of this section, "public transit" means any of
l l the following:
12 (1) A high -quality transit corridor as defined in subdivision (b)
13 of Section 21155 of the Public Resources Code, except that it also
14 includes a high -quality transit corridor included in an applicable
15 regional transportation plan.
16 (2) A major transit stop as defined in Section 21064.3 of the
17 Public Resources Code, except that it also includes a major transit
18 stop that is included in an applicable regional transportation plan.
19 (f) The Legislature finds and declares that this section addresses
20 a matter of statewide concern rather than a municipal affair as that
21 term is used in Section 5 of Article XI of the California
22 Constitution. Therefore, this section applies to all cities, including
23 charter cities.
24 SEC. 2. No reimbursement is required by this act pursuant to
25 Section 6 of Article XIIIB of the California Constitution because
26 a local agency or school district has the authority to levy service
27 charges, fees, or assessments sufficient to pay for the program or
28 level of service mandated by this act, within the meaning of Section
29 17556 of the Government Code.
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5.b
SENATE BILL
No. 897
Introduced by Senator Wieckowski
February 1, 2022
An act to amend Section 65852.22 of, to add Section 65852.23 to,
and to repeal and amend Section 65852.2 of, the Government Code,
and to add Chapter 6.9 (commencing with Section 50678) to Part 2 of
Division 31 of the Health and Safety Code, relating to land use.
LEGISLATIVE COUNSEL'S DIGEST
SB 897, as introduced, Wieckowski. Accessory dwelling units: junior
accessory dwelling units.
(1) Existing law, the Planning and Zoning Law, 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. 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, height limitations,
and setback requirements that a local agency may establish, including
a 16-foot height limitation and a 4-foot side and rear setback
requirement.
This bill would increase the maximum height limitation that may be
imposed by a local agency on an accessory dwelling unit to 25 feet.
Existing law requires an ordinance that provides for the creation of
an accessory dwelling unit to require accessory dwelling units to comply
with local building code requirements that apply to detached dwellings,
as appropriate. Existing law also prohibits an ordinance from requiring
an accessory dwelling unit to provide fire sprinklers if they are not
required for the primary residence.
This bill would provide that the construction of an accessory dwelling
unit does not constitute an occupancy change under the local building
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code. The bill would also prohibit the construction of an accessory
dwelling unit from triggering a requirement that fire sprinklers be
installed in the proposed or existing primary dwelling.
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 and a 4-foot side and rear setback requirement.
This bill would change the height limitation applicable to an accessory
dwelling unit subject to ministerial approval to 25 feet. The bill, if the
existing multifamily dwelling exceeds a height of 25 feet or has a rear
or side setback of less than 4 feet, would prohibit a local agency from
requiring any modification to the existing multifamily dwelling to satisfy
these requirements. The bill would prohibit a local agency from rejecting
an application for an accessory dwelling unit because the existing
multifamily dwelling exceeds a height of 25 feet or has a rear or side
setback of less than 4 feet.
Existing law, until January 1, 2025, prohibits a local agency from
imposing an owner -occupant requirement on a proposed accessory
dwelling unit on a lot that includes a proposed or existing single-family
dwelling.
This bill would delete the expiration date of this provision.
(2) Existing law also provides for the creation of junior 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 an ordinance that
provides for the creation of a junior accessory dwelling unit to require
the unit to be constructed within the walls of the proposed or existing
single-family residence and to require the unit to include a separate
entrance from the main entrance to the proposed or existing
single-family residence.
This bill would specify that enclosed uses within the proposed or
existing single-family residence, such as attached garages, are considered
a part of the proposed or existing single-family residence. The bill would
require a junior accessory dwelling unit that does not include separate
sanitation facilities to include a separate entrance from the main entrance
to the structure, with an interior entry to the main living area.
(3) Existing law requires a local agency, in enforcing building
standards applicable to accessory dwelling units, to delay enforcement
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for up to 5 years upon the owner submitting an application requesting
the delay on the basis that correcting the violation is not necessary to
protect health and safety.
This bill would prohibit a local agency from denying a permit for a
constructed, but unpermitted, accessory dwelling unit because the unit
is in violation of building standards or state or local standards applicable
to accessory dwelling units, unless the local agency makes a finding
that correcting the violation is necessary to protect the health and safety
of the public or occupants of the structure
(4) Existing law requires the Department of Housing and Community
Development to administer various programs intended to promote the
development of housing, including the Multifamily Housing Program,
pursuant to which the department provides financial assistance in the
form of deferred payment loans to pay for the eligible costs of
development for specified activities.
This bill, upon appropriation by the Legislature, would require the
department to establish and administer a grant program for the purpose
of funding the construction and maintenance of accessory dwelling
units and junior accessory dwelling units. The bill would create the
California Accessory Dwelling Unit Fund and, upon appropriation by
the Legislature, require the department to distribute moneys in the fund
to eligible recipients.
(5) By imposing new duties on local governments with respect to
the approval of accessory dwelling units and junior accessory dwelling
units, 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 65852.2 of the Government Code, as
2 amended by Section 1 of Chapter 343 of the Statutes of 2021, 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
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1 single-family or multifamily dwelling residential use. The
2 ordinance shall do all of the following:
3 (A) Designate areas within the jurisdiction of the local agency
4 where accessory dwelling units may be permitted. The designation
5 of areas may be based on the adequacy of water and sewer services
6 and the impact of accessory dwelling units on traffic flow and
7 public safety. A local agency that does not provide water or sewer
8 services shall consult with the local water or sewer service provider
9 regarding the adequacy of water and sewer services before
10 designating an area where accessory dwelling units may be
11 permitted.
12 (B) (i) Impose standards on accessory dwelling units that
13 include, but are not limited to, parking, height, setback, landscape,
14 architectural review, maximum size of a unit, and standards that
15 prevent adverse impacts on any real property that is listed in the
16 California Register of Historical Resources. These standards shall
17 not include requirements on minimum lot size.
18 (ii) Notwithstanding clause (i), a local agency may reduce or
19 eliminate parking requirements for any accessory dwelling unit
20 located within its jurisdiction.
21 (C) Provide that accessory dwelling units do not exceed the
22 allowable density for the lot upon which the accessory dwelling
23 unit is located, and that accessory dwelling units are a residential
24 use that is consistent with the existing general plan and zoning
25 designation for the lot.
26 (D) Require the accessory dwelling units to comply with all of
27 the following:
28 (i) Except as provided in Section 65852.26, the accessory
29 dwelling unit may be rented separate from the primary residence,
30 but may not be sold or otherwise conveyed separate from the
31 primary residence.
32 (ii) The lot is zoned to allow single-family or multifamily
33 dwelling residential use and includes a proposed or existing
34 dwelling.
35 (iii) The accessory dwelling unit is either attached to, or located
36 within, the proposed or existing primary dwelling, including
37 attached garages, storage areas or similar uses, or an accessory
38 structure or detached from the proposed or existing primary
39 dwelling and located on the same lot as the proposed or existing
40 primary dwelling.
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1 (iv) If there is an existing primary dwelling, the total floor area
2 of an attached accessory dwelling unit shall not exceed 50 percent
3 of the existing primary dwelling.
4 (v) The total floor area for a detached accessory dwelling unit
5 shall not exceed 1,200 square feet.
6 (vi) No passageway shall be required in conjunction with the
7 construction of an accessory dwelling unit.
8 (vii) No setback shall be required for an existing living area or
9 accessory structure or a structure constructed in the same location
10 and to the same dimensions as an existing structure that is
11 converted to an accessory dwelling unit or to a portion of an
12 accessory dwelling unit, and a setback of no more than four feet
13 from the side and rear lot lines shall be required for an accessory
14 dwelling unit that is not converted from an existing structure or a
15 new structure constructed in the same location and to the same
16 dimensions as an existing structure.
17 (viii) Local building code requirements that apply to detached
18 dwellings, ash appropriate, except that the construction
19 of an accessory dwelling unit shall not constitute an occupancy
20 change under the local building code.
21 (ix) Approval by the local health officer where a private sewage
22 disposal system is being used, if required.
23 (x) (I) Parking requirements for accessory dwelling units shall
24 not exceed one parking space per accessory dwelling unit or per
25 bedroom, whichever is less. These spaces may be provided as
26 tandem parking on a driveway.
27 (II) Offstreet parking shall be permitted in setback areas in
28 locations determined by the local agency or through tandem
29 parking, unless specific findings are made that parking in setback
30 areas or tandem parking is not feasible based upon specific site or
31 regional topographical or fire and life safety conditions.
32 (III) This clause shall not apply to an accessory dwelling unit
33 that is described in subdivision (d).
34 (xi) When a garage, carport, or covered parking structure is
35 demolished in conjunction with the construction of an accessory
36 dwelling unit or converted to an accessory dwelling unit, the local
37 agency shall not require that those offstreet parking spaces be
38 replaced.
39 (xii) Accessory dwelling units shall not be required to provide
40 fire sprinklers if they are not required for the primary residence.
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I The construction of an accessory dwelling unit shall not trigger a
2 requirement for fire sprinklers to be installed in the proposed or
3 existing primary dwelling.
4 (2) The ordinance shall not be considered in the application of
5 any local ordinance, policy, or program to limit residential growth.
6 (3) A permit application for an accessory dwelling unit or a
7 junior accessory dwelling unit shall be considered and approved
8 ministerially without discretionary review or a hearing,
9 notwithstanding Section 65901 or 65906 or any local ordinance
10 regulating the issuance of variances or special use permits. The
11 permitting agency shall act on the application to create an accessory
12 dwelling unit or a junior accessory dwelling unit within 60 days
13 from the date the local agency receives a completed application if
14 there is an existing single-family or multifamily dwelling on the
15 lot. If the permit application to create an accessory dwelling unit
16 or a junior accessory dwelling unit is submitted with a permit
17 application to create a new single-family dwelling on the lot, the
18 permitting agency may delay acting on the permit application for
19 the accessory dwelling unit or the junior accessory dwelling unit
20 until the permitting agency acts on the permit application to create
21 the new single-family dwelling, but the application to create the
22 accessory dwelling unit or junior accessory dwelling unit shall be
23 considered without discretionary review or hearing. If the applicant
24 requests a delay, the 60-day time period shall be tolled for the
25 period of the delay. If the local agency has not acted upon the
26 completed application within 60 days, the application shall be
27 deemed approved. A local agency may charge a fee to reimburse
28 it for costs incurred to implement this paragraph, including the
29 costs of adopting or amending any ordinance that provides for the
30 creation of an accessory dwelling unit.
31 (4) An existing ordinance governing the creation of an accessory
32 dwelling unit by a local agency or an accessory dwelling ordinance
33 adopted by a local agency shall provide an approval process that
34 includes only ministerial provisions for the approval of accessory
35 dwelling units and shall not include any discretionary processes,
36 provisions, or requirements for those units, except as otherwise
37 provided in this subdivision. If a local agency has an existing
38 accessory dwelling unit ordinance that fails to meet the
39 requirements of this subdivision, that ordinance shall be null and
40 void and that agency shall thereafter apply the standards established
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1 in this subdivision for the approval of accessory dwelling units,
2 unless and until the agency adopts an ordinance that complies with
3 this section.
4 (5) No other local ordinance, policy, or regulation shall be the
5 basis for the delay or denial of a building permit or a use permit
6 under this subdivision.
7 (6) This subdivision establishes the maximum standards that
8 local agencies shall use to evaluate a proposed accessory dwelling
9 unit on a lot that includes a proposed or existing single-family
10 dwelling. No additional standards, other than those provided in
11 this subdivision, shall be used or imposed, including any
12 owner -occupant requirement, except that a local agency may
13 require that the property be used for rentals of terms longer than
14 30 days.
15 (7) A local agency may amend its zoning ordinance or general
16 plan to incorporate the policies, procedures, or other provisions
17 applicable to the creation of an accessory dwelling unit if these
18 provisions are consistent with the limitations of this subdivision.
19 (8) An accessory dwelling unit that conforms to this subdivision
20 shall be deemed to be an accessory use or an accessory building
21 and shall not be considered to exceed the allowable density for the
22 lot upon which it is located, and shall be deemed to be a residential
23 use that is consistent with the existing general plan and zoning
24 designations for the lot. The accessory dwelling unit shall not be
25 considered in the application of any local ordinance, policy, or
26 program to limit residential growth.
27 (b) When a local agency that has not adopted an ordinance
28 governing accessory dwelling units in accordance with subdivision
29 (a) receives an application for a permit to create an accessory
30 dwelling unit pursuant to this subdivision, the local agency shall
31 approve or disapprove the application ministerially without
32 discretionary review pursuant to subdivision (a). The permitting
33 agency shall act on the application to create an accessory dwelling
34 unit or a junior accessory dwelling unit within 60 days from the
35 date the local agency receives a completed application if there is
36 an existing single-family or multifamily dwelling on the lot. If the
37 permit application to create an accessory dwelling unit or a junior
38 accessory dwelling unit is submitted with a permit application to
39 create a new single-family dwelling on the lot, the permitting
40 agency may delay acting on the permit application for the accessory
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1 dwelling unit or the junior accessory dwelling unit until the
2 permitting agency acts on the permit application to create the new
3 single-family dwelling, but the application to create the accessory
4 dwelling unit or junior accessory dwelling unit shall still be
5 considered ministerially without discretionary review or a hearing.
6 If the applicant requests a delay, the 60-day time period shall be
7 tolled for the period of the delay. If the local agency has not acted
8 upon the completed application within 60 days, the application
9 shall be deemed approved.
10 (c) (1) Subject to paragraph (2), a local agency may establish
11 minimum and maximum unit size requirements for both attached
12 and detached accessory dwelling units.
13 (2) Notwithstanding paragraph (1), a local agency shall not
14 establish by ordinance any of the following:
15 (A) A minimum square footage requirement for either an
16 attached or detached accessory dwelling unit that prohibits an
17 efficiency unit.
18 (B) A maximum square footage requirement for either an
19 attached or detached accessory dwelling unit that is less than either
20 of the following:
21 (i) 850 square feet.
22 (ii) 1,000 square feet for an accessory dwelling unit that provides
23 more than one bedroom.
24 (C) Any other minimum or maximum size for an accessory
25 dwelling unit, size based upon a percentage of the proposed or
26 existing primary dwelling, or limits on lot coverage, floor area
27 ratio, open space, and minimum lot size, for either attached or
28 detached dwellings that does not permit at least an 800 square foot
29 accessory dwelling unit that is at leash 25 feet in height with
30 four -foot side and rear yard setbacks to be constructed in
31 compliance with all other local development standards.
32 (d) Notwithstanding any other law, a local agency, whether or
33 not it has adopted an ordinance governing accessory dwelling units
34 in accordance with subdivision (a), shall not impose parking
35 standards for an accessory dwelling unit in any of the following
36 instances:
37 (1) The accessory dwelling unit is located within one-half mile
38 walking distance of public transit.
39 (2) The accessory dwelling unit is located within an
40 architecturally and historically significant historic district.
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1 (3) The accessory dwelling unit is part of the proposed or
2 existing primary residence or an accessory structure.
3 (4) When on -street parking permits are required but not offered
4 to the occupant of the accessory dwelling unit.
5 (5) When there is a car share vehicle located within one block
6 of the accessory dwelling unit.
7 (e) (1) Notwithstanding subdivisions (a) to (d), inclusive, a
8 local agency shall ministerially approve an application for a
9 building permit within a residential or mixed -use zone to create
10 any of the following:
11 (A) One accessory dwelling unit and one junior accessory
12 dwelling unit per lot with a proposed or existing single-family
13 dwelling if all of the following apply:
14 (i) The accessory dwelling unit or junior accessory dwelling
15 unit is within the proposed space of a single-family dwelling or
16 existing space of a single-family dwelling or accessory structure
17 and may include an expansion of not more than 150 square feet
18 beyond the same physical dimensions as the existing accessory
19 structure. An expansion beyond the physical dimensions of the
20 existing accessory structure shall be limited to accommodating
21 ingress and egress.
22 (ii) The space has exterior access from the proposed or existing
23 single-family dwelling.
24 (iii) The side and rear setbacks are sufficient for fire and safety.
25 (iv) The junior accessory dwelling unit complies with the
26 requirements of Section 65852.22.
27 (B) One detached, new construction, accessory dwelling unit
28 that does not exceed four -foot side and rear yard setbacks for a lot
29 with a proposed or existing single-family dwelling. The accessory
30 dwelling unit may be combined with a junior accessory dwelling
31 unit described in subparagraph (A). A local agency may impose
32 the following conditions on the accessory dwelling unit:
33 (i) A total floor area limitation of not more than 800 square feet.
34 (ii) A height limitation of46 25 feet.
35 (C) (i) Multiple accessory dwelling units within the portions
36 of existing multifamily dwelling structures that are not used as
37 livable space, including, but not limited to, storage rooms, boiler
38 rooms, passageways, attics, basements, or garages, if each unit
39 complies with state building standards for dwellings.
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SB 897 —
to-
5.b
1 (ii) A local agency shall allow at least one accessory dwelling
2 unit within an existing multifamily dwelling and shall allow up to
3 25 percent of the existing multifamily dwelling units.
4 (D) (i) Not more than two accessory dwelling units that are
5 located on a lot that has an existing multifamily dwelling, but are
6 detached from that multifamily dwelling and are subject to a height
7 limit off 25 feet and—fou -foot rear yard and side se
8 setbacks of no more than 4 feet.
9 (ii) If the existing multifamily dwelling exceeds a height of 25
10 feet or has a rear or side setback of less than 4 feet, the local
11 agency shall not require any modification of the existing
12 multifamily dwelling to satisfy the requirements of this
13 subparagraph.
14 (iii) A local agency shall not reject an application to construct
15 an accessory dwelling unit authorized under this subparagraph
16 on the basis that the existing multifamily dwelling exceeds a height
17 of 25 feet or has a rear or side setback of less than 4 feet.
18 (2) A local agency shall not require, as a condition for ministerial
19 approval of a permit application for the creation of an accessory
20 dwelling unit or a junior accessory dwelling unit, the correction
21 of nonconforming zoning conditions.
22 (3) The installation of fire sprinklers shall not be required in an
23 accessory dwelling unit if sprinklers are not required for the
24 primary residence. The construction of an accessory dwelling unit
25 shall not trigger a requirement for fire sprinklers to be installed
26 in the proposed or existing multifamily dwelling.
27 (4) 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 (5) 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 (6) 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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—11— SB 897
5.b
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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SB 897 —12 —
5.b
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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—13 — SB 897
5.b
1
2
3
4
5
6
7
8
9
10
11
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34
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38
39
in this section. The guidelines adopted pursuant to this subdivision
are not subject to Chapter 3.5 (commencing with Section 11340)
of Part 1 of Division 3 of Title 2.
0) As used in this section, the following terms mean:
(1) "Accessory dwelling unit" means an attached or a detached
residential dwelling unit that provides complete independent living
facilities for one or more persons and is located on a lot with a
proposed or existing primary residence. It shall include permanent
provisions for living, sleeping, eating, cooking, and sanitation on
the same parcel as the single-family or multifamily dwelling is or
will be situated. An accessory dwelling unit also includes the
following:
(A) An efficiency unit.
(B) A manufactured home, as defined in Section 18007 of the
Health and Safety Code.
(2) "Accessory structure" means a structure that is accessory
and incidental to a dwelling located on the same lot.
(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 conform with 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.
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SB 897 —14 —
5.b
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 ,
30 and as ofthat date is repealed.
31 SEC. 2. Section 65852.2 of the Government Code, as amended
32 by Section 2 of Chapter 343 of the Statutes of 2021, is repealed.
33 ,
34 fff the ereafion of aeeessory dwelling tmits in areas zoned to
35 singlef�tnily or titultif�mily dwelling residential ttse. The
36 o-rdinanee shall do all of the followingL
37 (A) Designate areas within the jurisdietion of the loeal agene
38 where aeeessory dwelling units may be permitted. The designatio
39 of areas may be based on the adeqttaey ofwater and sewer serviees
40 and the impaet of aeeessory dwelling units on traffie flow an
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—15 — SB 897
5.b
I
A
laeal
does
pttblie
safety.
agettey that
not
provide water
or
3
regarding
the
adeqttaey of water
and
sewer serviees
4 designating
dwelling
att
area where aeeessory
ttntts
ma-,
permitted.
itteittde,
bttt
limited
height,
land
are
not to, parking,
sethaek,
-
standard7
•
is
listed i4q
prevent
ad
s ott atty
real
property
that
not
-- -- --
- -- - Ott minitymm-
- -
• designation
f-or
the lot.
1
Reqttire
dwelling:
(D) the
weessory
eomply
with all
21 the
following!
24 bttt
be
ffo
may not
sold or otherwise
eotweyed
separate
:
-sidettee.
-:
family
•
to allow
single
or
tymltilf�_
28 dwelling.
•aeeessotydwelling
is
1
tmit
either
attaehed
to, or
1
dwelling,
itteitt33
withiti,
the proposed
or existing
primaty
dwelling
loeated
lot
i
and
ott the same
as the
proposed
or exi
34 primaty
dwelling.
- is
dwelling,
att exi
y
the totalfloor37
of
the existi-T-:
:
dwelling.
38
The
floor for
detaehed
dwelling
(v) total
area a
aeeessoty
99
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SB 897
—16-
5.b
- .;11 All- -: I
:. im
aeeessoty.
.
. .
.. . . . . ..
•
1
-.- -
itt
loeatiottthe -; -
dimensions
eotisttueted
as att existing
stmetwe.
the same
13 dwellings,
15 disposal
system is being
ttsed,
if reqttived.
18 bedroom,
is less.
These be
1
whiehever
Offstreet
spaees may provid
be itt
parking
shall
permitted set-baek av-;-
22
findings
itt
parking,
tttiless speeifie
are made that parking sep
24
fireand
'i
regional
25
:::- is
This
i or
eotiditiotts.
dwelling
(111)
27
elattse shall
When
not
ttti
apply to att aeeessory
(xi)
a garage,
earport,
or eovered parking stmet
1
agettey
31 replaeed.
shalltiot:•those
i_
parking spaep-
33 fire
if
for
sprinklers they
a.
the primaty resid ttee.
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—17 — SB 897
5.b
theredwelling
ott
-:i
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to
ereate-
:
1
tttitil
the petmittitig
agettey
;- s on the
permit applieation
to erea
14
delar,
60
day
be
for
reqttests
15
a
the
delay. if
time period
loeal
shall
has
tolled
period
of the
the
agettey
not
aeted
ttpon
18 it for
ittettrred
implement
itteittdi
•
eosts
to
this paragraph,
eosts
1 ereation
of adopting_
of att
or amending
aeeessory_
.
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-
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i-
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- - -
adopted
24 -
: : i
- -
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shall provide
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25 dwelling
.: ottly
ministerial
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- -
theapproval
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of
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- -
ttttitsand
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27
-thiss4divisiot
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- -
-
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- -
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-
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: i i
:
- -
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•
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ordittattee
thatfails:
1
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void
i : agettey
shallthereafterapplythe
standardsest:
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SB 897
—18—
5.b
I itt
be
imposed
provided this stibdivisiott,
shall
ttsed or
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—19 — SB 897
5.b
2 if
I
delay,
60
day
be
the
appli
s a
the
time period
shall
5 shall be
deemed
approlved.
1 establish
. • :
paragraph
:.
:-:
footage
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for
pare
tit
either a
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foil:.
.
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-
for
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;tte
i an
aeeessoty
ttttit
that provides
21 dwelling
other
based
aeeessoty
ttttit, size
ttpott
a pereetitage
of the
proposed of
24 detaehed
dwellings
does
least •..
-- -
25
dwelling
that not
peftnit
is
least
at att
16 feet itt
height
aeeessoty
ttttit that
at
loeal
agettey,
whether ;
1 itt
-.::
:--:
::
::-
33
The
dwelling
is
loeated
half
(1)
34 walking
aeeessoty
- of :.:
ttttit
within
otte mile
historieally-;
• afehiteetttfally
and
-
dwelling
is
aeeessory
ttttit
paft of the
proposed :
41 to the
oeettpatit
of the aeeessofydwelling
99
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Packet Pg. 46
SB 897
—20—
5.b
I
When
is
loeated
bloe
2 of
the neessory:
-
there
a
-
eat! shave vehiele
-.::ivisions
within
otte
itteittsive,
(a)
to (d),
5 bttilditig
• atty
permit
of the
; ;.
within
a residential
or mixed
ttse
zotte to ereate
ftffn44y
9 dwelling_
if
:'
all of
the following
:::'-:
:::
or existing
single
I I
is
family
dwelling
tmit
12
within
the
proposed
spaee
family
of a single
dwelling
o
existing
spaee
of
a single
or
aeeessoty
strdetwe
14 beyond
dimensions
the
same
physi.eal
as the
e
sory
• single
1
for
fire ':
-
21
The
:- and
rear-
::-
dwelling
sttffieietit
and
r.
(iv)
Junto,
cteeessory
ttnit
eomplies
with
the
24
does
foot
that
25
tiot
exeeed
:.
side
and : i yard
family dwelling.
sethaeks
:
The
a :
with
dwelling
a proposed
or
existing
be
single
aeeessoty
•
ttttit
may
eontbitted with
i •- :
aeeessotydweH4ftg
•
floor
limitation
_att
•
1limitationof
16 feet.
aeeessoty
:
.ithitt
the portions
33 livable
itteittditig,
bttt limited
boile
34
spaee,
tiot
basements,or
to, storage
rooms,
-
rooms,passageways,atties,
garages,-;37
dwelling
ttttit
within
att existing
tymitifatnily
and
shall
allow
ttp to
99
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Packet Pg. 47
— 21— SB 897
5.b
2
16 feet
and
fottt! ft)ot
rear
yard and
side sethaeks-.
- dwelling
The installation
aeeesso
fire
ttttit, the eorr7
be i
8
(3)
dwelling
of sprinklers
if
shall
not t!eqttit!ed
1
aeeessoty
:-
ttttit
sprinklers
--
are
not required
-
.::
18
wastewater
last
five
treatment
system,
if
a
pere-41-ati.o.n.
teest epot"Ieted wit,
has beett
1
the
within
the lastyears
years,
or,
the pereolatiott
test
reeertifie
24
dwelling
strttetttt!es
shall
ministerially
eotisider
a permit appli-e
27
design,
development,
historie
28
to,
dwelling
These
and
standards
itteittde
ott said aeee
'
ttttits.
lot
size.
Standards
-:
for
shall tiot
t!eqttit!etn
the eotistmetiott
ofneessoty
...
Chapter
7
:..
and
(eomm-ttei
•
dwelling
•
wiless
the
aeeessoty
ttttit was eotistmeted
with a-
99
Packet Pg. 48
SB 897
—22-
5.b
5
be
itt
•
shall
of the
eharged
primary
dwelli..',.
proportionately
-
relation
to the sqttat!e
-" has
the
•
66000,
_.
1
xeepteesspeeott
- does
-:
-:::-
::-
tiot.;-
atty
12
-:
::
•
family
dwelling._
ttttit
was eotistmeted
with
a tiew
single
22
- '
-
distriet,or
- -
- el
23
i
:
i
water-
direetlybetweettthei
tay •
i
- - •
24
or
dwelling
separate•
-
eotitteetiott
66013,
:
-
25
• and :thetaility.GotisistentwithSeetiott
be
26
eotitteetiott
may
be
sttbjeet:
i
eotitteetiottfeeor
bttt!dett
eapaeity-
i
that
shall
proportionate
to the
of
the proposed
ae
•
•
Plumbing
Code
by ititertma
1
Assoeiatiott
Pittn+itig
adopted
and
Meehattieal.._
ptthlished
the
_
31
of
This fee
and
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
99
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Packet Pg. 49
—23—
SB 897
5.b
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,
takingaetiott
tio thatt
attthorized
by this
to
seetiott
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
18
: the ;-:
findings
o
4te
not
adopt
a resolti+io
with
•
explaining
the
reason
ordittattee
eonviies
wit
this
1 department
seetiott and addressing
loeal
_
21 Attorney
shall notify
Getteral
the
-
-
agetteymay
isinviolation
:
22
that
Before
:
agettey
Attorney
Getteral
:state
loeal
23 is
(B) notifying
-violation lavt,
the
that
-
the
agette
-
24
:state
- -
-
thedepartment
- - -
-
eotisider
wh
-
i
: i i = adopted : i
The depaftmetitmayrevte
:
: i
eompliatteewith
this
:
•
27
implement
,adopt,
amend,
of
fepea4
gttidelities
•
to
ttttif-oftn
statidafds
- -
of
efiteria
f-oft-
• sttppletnetitor
•
elarify theterms,-
and
:standardsset
1
Seetiott
11340)
are
31 of
P.
_'ith
38
family
dwelling
i
the
39
same pareel as the single
be Att
of
multifamily
itteittdes
will
41
sitttated. aeeessorydwelling
ttttit
also
99
m
Packet Pg. 50
SB 897
—24-
5.b
-:
::-
.0 . ... . ......
•
-- olp-MIR
L[I,
12 whether
-ral law
or
eftartered.
14
,tit
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1
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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,
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11 (2) The aeeessory dwelling unit was built on or after 4aitua
12 , at the time the aeeesso
13 dwelling unit was built,
14 unit ordinanee, but the ordinattee is eompliant at the tim
15 request is made.
16 , -20
17 SEC. 3. Section 65852.22 of the Government Code is amended
18 to read:
19 65852.22. (a) Notwithstanding Section 65852.2, a local agency
20 may, by ordinance, provide for the creation of junior accessory
21 dwelling units in single-family residential zones. The ordinance
22 may require a permit to be obtained for the creation of a junior
23 accessory dwelling unit, and shall do all of the following:
24 (1) Limit the number of junior accessory dwelling units to one
25 per residential lot zoned for single-family residences with a
26 single-family residence built, or proposed to be built, on the lot.
27 (2) Require owner -occupancy in the single-family residence in
28 which the junior accessory dwelling unit will be permitted. The
29 owner may reside in either the remaining portion of the structure
30 or the newly created junior accessory dwelling unit.
31 Owner -occupancy shall not be required if the owner is another
32 governmental agency, land trust, or housing organization.
33 (3) Require the recordation of a deed restriction, which shall
34 run with the land, shall be filed with the permitting agency, and
35 shall include both of the following:
36 (A) A prohibition on the sale of the junior accessory dwelling
37 unit separate from the sale of the single-family residence, including
38 a statement that the deed restriction may be enforced against future
39 purchasers.
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1 (B) A restriction on the size and attributes of the junior accessory
2 dwelling unit that conforms with this section.
3 (4) Require a permitted junior accessory dwelling unit to be
4 constructed within the walls of the proposed or existing
5 single-family residence. For purposes of this paragraph, enclosed
6 uses within the residence, such as attached garages, are considered
7 apart of the proposed or existing single-family residence.
8 (5) (A) Require a permitted junior accessory dwelling unit to
9 include a separate entrance from the main entrance to the proposed
10 or existing single-family residence.
11 (B) If a permitted junior accessory dwelling unit does not include
12 separate sanitation facilities, the permitted junior accessory
13 dwelling unit shall include a separate entrance from the main
14 entrance to the structure, with an interior entry to the main living
15 area.
16 (6) Require the permitted junior accessory dwelling unit to
17 include an efficiency kitchen, which shall include all of the
18 following:
19 (A) A cooking facility with appliances.
20 (B) A food preparation counter and storage cabinets that are of
21 reasonable size in relation to the size of the junior accessory
22 dwelling unit.
23 (b) (1) An ordinance shall not require additional parking as a
24 condition to grant a permit.
25 (2) This subdivision shall not be interpreted to prohibit the
26 requirement of an inspection, including the imposition of a fee for
27 that inspection, to determine if the junior accessory dwelling unit
28 complies with applicable building standards.
29 (c) An application for a permit pursuant to this section shall,
30 notwithstanding Section 65901 or 65906 or any local ordinance
31 regulating the issuance of variances or special use permits, be
32 considered ministerially, without discretionary review or a hearing.
33 The permitting agency shall act on the application to create a junior
34 accessory dwelling unit within 60 days from the date the local
35 agency receives a completed application if there is an existing
36 single-family dwelling on the lot. If the permit application to create
37 a junior accessory dwelling unit is submitted with a permit
38 application to create a new single-family dwelling on the lot, the
39 permitting agency may delay acting on the permit application for
40 the junior accessory dwelling unit until the permitting agency acts
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1 on the permit application to create the new single-family dwelling,
2 but the application to create the junior accessory dwelling unit
3 shall still be considered ministerially without discretionary review
4 or a hearing. If the applicant requests a delay, the 60-day time
5 period shall be tolled for the period of the delay. A local agency
6 may charge a fee to reimburse the local agency for costs incurred
7 in connection with the issuance of a permit pursuant to this section.
8 (d) For purposes of any fire or life protection ordinance or
9 regulation, a junior accessory dwelling unit shall not be considered
10 a separate or new dwelling unit. This section shall not be construed
11 to prohibit a city, county, city and county, or other local public
12 entity from adopting an ordinance or regulation relating to fire and
13 life protection requirements within a single-family residence that
14 contains a junior accessory dwelling unit so long as the ordinance
15 or regulation applies uniformly to all single-family residences
16 within the zone regardless of whether the single-family residence
17 includes a junior accessory dwelling unit or not.
18 (e) For purposes of providing service for water, sewer, or power,
19 including a connection fee, a junior accessory dwelling unit shall
20 not be considered a separate or new dwelling unit.
21 (f) This section shall not be construed to prohibit a local agency
22 from adopting an ordinance or regulation, related to parking or a
23 service or a connection fee for water, sewer, or power, that applies
24 to a single-family residence that contains a junior accessory
25 dwelling unit, so long as that ordinance or regulation applies
26 uniformly to all single-family residences regardless of whether the
27 single-family residence includes a junior accessory dwelling unit.
28 (g) If a local agency has not adopted a local ordinance pursuant
29 to this section, the local agency shall ministerially approve a permit
30 to construct a junior accessory dwelling unit that satisfies the
31 requirements set forth in subparagraph (A) of paragraph (1) of
32 subdivision (e) of Section 65852.2 and the requirements of this
33 section.
34 (h) For purposes of this section, the following terms have the
35 following meanings:
36 (1) "Junior accessory dwelling unit" means a unit that is no
37 more than 500 square feet in size and contained entirely within a
38 single-family residence. A junior accessory dwelling unit may
39 include separate sanitation facilities, or may share sanitation
40 facilities with the existing structure.
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1 (2) "Local agency" means a city, county, or city and county,
2 whether general law or chartered.
3 SEC. 4. Section 65852.23 is added to the Government Code,
4 to read:
5 65852.23. (a) Notwithstanding any other law, and except as
6 otherwise provided in subdivision (b), a local agency shall not
7 deny a permit for a constructed, but unpermitted, accessory
8 dwelling unit due to either of the following:
9 (1) The accessory dwelling unit is in violation of building
10 standards pursuant to Article 1 (commencing with Section 17960)
11 of Chapter 5 of Part 1.5 of Division 13 of the Health and Safety
12 Code.
13 (2) The accessory dwelling unit does not comply with Section
14 65852.2 or any local ordinance regulating accessory dwelling units.
15 (b) Notwithstanding subdivision (a), a local agency may deny
16 a permit for an accessory dwelling unit subject to subdivision (a)
17 if the local agency makes a finding that correcting the violation is
18 necessary to protect the health and safety of the public or occupants
19 of the structure.
20 SEC. 5. Chapter 6.9 (commencing with Section 50678) is added
21 to Part 2 of Division 31 of the Health and Safety Code, to read:
22
23 CHAPTER 6.9. ACCESSORY DWELLING UNIT FUNDING
24
25 50678. (a) Upon appropriation of the Legislature, the
26 department shall establish and administer a grant program for the
27 purpose of funding the construction and maintenance of accessory
28 dwelling units and junior accessory dwelling units, as defined in
29 Section 65852.2 and 65852.22 of the Government Code.
30 (b) The California Accessory Dwelling Unit Fund is hereby
31 established in the State Treasury. The fund shall receive all moneys
32 derived pursuant to this chapter. Upon appropriation by the
33 Legislature, the department shall distribute moneys in the fund to
34 eligible recipients in accordance with this chapter.
35 SEC. 6. No reimbursement is required by this act pursuant to
36 Section 6 of Article XIIIB of the California Constitution because
37 a local agency or school district has the authority to levy service
38 charges, fees, or assessments sufficient to pay for the program or
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1 level of service mandated by this act, within the meaning of Section
2 17556 of the Government Code.
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5.c
SENATE BILL
No. 1067
Introduced by Senator Portantino
February 15, 2022
An act to add Section 65863.14 to the Government Code, relating to
land use.
LEGISLATIVE COUNSEL'S DIGEST
SB 1067, as introduced, Portantino. Housing development projects:
automobile parking requirements.
The Planning and Zoning Law requires each county and city to adopt
a comprehensive, long-term general plan for its physical development,
and the development of certain lands outside its boundaries, that
includes, among other mandatory elements, a housing element. Existing
law also authorizes the legislative body of a city or a county to adopt
ordinances establishing requirements for parking.
This bill would prohibit a city with a population greater than 200,000
from imposing any minimum automobile parking requirement on a
housing development project that is located within % mile of public
transit, as defined, and that either (1) dedicates 75% of the total units
to low- and very low income households, the elderly, or persons with
disabilities or (2) the developer demonstrates to the local agency that
the development would not have a negative impact on the local agency's
ability to meet specified housing needs and would not have a negative
impact on traffic circulation or existing residential or commercial
parking within % mile of the project. By changing the duties of local
planning officials, 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.
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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 65863.14 is added to the Government
2 Code, immediately following Section 65863.13, to read:
3 65863.14. (a) A city with a population greater than 200,000
4 shall not impose or enforce any minimum automobile parking
5 requirement on a housing development project that meets all of
6 the following requirements:
7 (1) The development is located within one-half mile of public
8 transit.
9 (2) The development satisfies either of the following:
10 (A) The development dedicates a minimum of 75 percent of the
11 total number of housing units to low- and very low income
12 households, the elderly, or persons with disabilities.
13 (B) The developer demonstrates to the city that the development
14 would not have a negative impact on any of the following:
15 (i) The city's ability to meet its share of the regional housing
16 need in accordance with Section 65584 for low- and very low
17 income households.
18 (ii) The city's ability to meet any special housing needs for the
19 elderly or persons with disabilities identified in the analysis
20 required pursuant to paragraph (7) of subdivision (a) of Section
21 65583.
22 (iii) Traffic circulation or existing residential or commercial
23 parking within one-half mile of the housing development project.
24 (b) For purposes of this section:
25 (1) "Housing development project" means a housing
26 development project as defined in paragraph (2) of subdivision (h)
27 of Section 65589.5.
28 (2) "Low- and very low income households" means the same
29 as "lower income households" as defined in Section 50079.5 of
30 the Health and Safety Code.
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1 (3) "Public transit" means a major transit stop as defined in
2 Section 21064.3 of the Public Resources Code, except that it also
3 includes a major transit stop that is included in an applicable
4 regional transportation plan.
5 SEC. 2. The Legislature finds and declares that Section 1 of
6 this act adding Section 65863.14 to the Government Code address
7 a matter of statewide concern rather than a municipal affair as that
8 term is used in Section 5 of Article XI of the California
9 Constitution. Therefore, Section 1 of this act applies to all cities,
10 including charter cities.
11 SEC. 3. No reimbursement is required by this act pursuant to
12 Section 6 of Article XIIIB of the California Constitution because
13 a local agency or school district has the authority to levy service
14 charges, fees, or assessments sufficient to pay for the program or
15 level of service mandated by this act, within the meaning of Section
16 17556 of the Government Code.
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