AB 2299, as introduced, Bloom. Land use: housing: 2nd units.
The Planning and Zoning Law authorizes the legislative body of a city or county to regulate, among other things, the intensity of land use, and also authorizes a local agency to provide by ordinance for the creation of 2nd units in single-family and multifamily residential zones, as specified.
This bill would, instead, require a local agency to provide by ordinance for the creation of 2nd units in these zones. By increasing the duties of local officials, this 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:
Section 65852.2 of the Government Code is
2amended to read:
(a) (1) begin deleteAny end deletebegin insertA end insertlocal agencybegin delete may,end deletebegin insert shall,end insert by ordinance,
2provide for the creation of second units in single-family and
3multifamily residential zones. The ordinancebegin delete may do any end deletebegin insert shall
4do allend insert of the
following:
5(A) Designate areas within the jurisdiction of the local agency
6where second units may be permitted. The designation of areas
7may be based on criteria, that may include, but are not limited to,
8the adequacy of water and sewer services and the impact of second
9units on traffic flow.
10(B) Impose standards on second units that include, but are not
11limited to, parking, height, setback, lot coverage, architectural
12review, maximum size of a unit, and standards that prevent adverse
13impacts on any real property that is listed in the California Register
14of Historic Places.begin insert However, notwithstanding subdivision (d), a
15local agency shall not impose parking standards for a second unit
16that is located within one-half mile of public transit or shopping
17or is within an architecturally and historically
significant historic
18district.end insert
19(C) Provide that second units do not exceed the allowable
20density for the lot upon which the second unit is located, and that
21second units are a residential use that is consistent with the existing
22general plan and zoning designation for the lot.
23(2) The ordinance shall not be considered in the application of
24any local ordinance, policy, or program to limit residential growth.
25(3) When a local agency receives its first application on or after
26July 1, 2003, for a permit pursuant to this subdivision, the
27application shall be considered ministerially without discretionary
28review or a hearing, notwithstanding Section 65901 or 65906 or
29any local ordinance regulating the issuance of variances or special
30use permits.begin delete Nothing in this paragraph may be construed to require
A local agency may charge a fee to reimburse it
31a local government to adopt or amend an ordinance for the creation
32of second units.end delete
33for costs that it incurs as a result of amendments to this paragraph
34enacted during the 2001-02 Regular Session of the Legislature,
35including the costs of adopting or amending any ordinance that
36provides for the creation of second units.
37(b) (1) When a local agencybegin delete whichend delete has not adopted an ordinance
38governing second units in accordance with subdivision (a)begin delete or (c)end delete
39 receives its first application on or after July 1, 1983, for a permit
40pursuant to this subdivision, the local agency shall accept the
P3 1application and approve or disapprove the application ministerially
2without discretionary review pursuant to this subdivision unless
3it adopts an ordinance in accordance with subdivision (a)begin delete or (c)end delete
4
within 120 days after receiving the application. Notwithstanding
5Section 65901 or 65906, every local agency shall grant a variance
6or special use permit for the creation of a second unit if the second
7unit complies with all of the following:
8(A) The unit is not intended for sale and may be rented.
9(B) The lot is zoned for single-family or multifamily use.
10(C) The lot contains an existing single-family dwelling.
11(D) The second unit is either attached to the existing dwelling
12and located within the living area of the existing dwelling or
13detached from the existing dwelling and located on the same lot
14as the existing dwelling.
15(E) The increased floor area of an attached second
unit shall
16not exceed 30 percent of the existing living area.
17(F) The total area of floorspace for a detached second unit shall
18not exceed 1,200 square feet.
19(G) Requirements relating to height, setback, lot coverage,
20architectural review, site plan review, fees, charges, and other
21zoning requirements generally applicable to residential construction
22in the zone in which the property is located.
23(H) Local building code requirementsbegin delete whichend deletebegin insert thatend insert apply to
24detached dwellings, as appropriate.
25(I) Approval by the local health officer where a private sewage
26disposal system
is being used, if required.
27(2) No other local ordinance, policy, or regulation shall be the
28basis for the denial of a building permit or a use permit under this
29subdivision.
30(3) This subdivision establishes the maximum standards that
31local agencies shall use to evaluate proposed second units on lots
32zoned for residential usebegin delete whichend deletebegin insert thatend insert contain an existing
33single-family dwelling. No additional standards, other than those
34provided in this subdivision or subdivision (a), shall be utilized or
35imposed, except that a local agency may require an applicant for
36a permit issued pursuant to this subdivision to be an
37owner-occupant.
38(4) No
changes in zoning ordinances or other ordinances or any
39changes in the general plan shall be required to implement this
40subdivision.begin delete Anyend deletebegin insert Aend insert local agency may amend its zoning ordinance
P4 1or general plan to incorporate the policies, procedures, or other
2provisions applicable to the creation of second units if these
3provisions are consistent with the limitations of this subdivision.
4(5) A second unitbegin delete whichend deletebegin insert thatend insert conforms tobegin delete the requirements ofend delete
5 this subdivision shall not be considered to
exceed the allowable
6density for the lot upon which it is located, and shall be deemed
7to be a residential usebegin delete whichend deletebegin insert
thatend insert is consistent with the existing
8general plan and zoning designations for the lot. The second units
9shall not be considered in the application of any local ordinance,
10policy, or program to limit residential growth.
11(c) No local agency shall adopt an ordinance which totally
12precludes second units within single-family or multifamily zoned
13areas unless the ordinance contains findings acknowledging that
14the ordinance may limit housing opportunities of the region and
15further contains findings that specific adverse impacts on the public
16health, safety, and welfare that would result from allowing second
17units within single-family and multifamily zoned areas justify
18adopting the ordinance.
19(d)
end delete
20begin insert(c)end insert A local agency may establish minimum and maximum unit
21size requirements for both attached and detached second units. No
22minimum or maximum size for a second unit, or size based upon
23a percentage of the existing dwelling, shall be established by
24ordinance for either attached or detached dwellingsbegin delete whichend deletebegin insert thatend insert
25 does not permit at least an efficiency unit to be constructed in
26compliance with local development standards.
27(e)
end delete
28begin insert(d)end insert Parking requirements for second units shall not exceed one
29parking space per unit or per bedroom. Additional parking may
30be required provided that a finding is made that the additional
31parking requirements are directly related to the use of the second
32unit and are consistent with existing neighborhood standards
33applicable to existing dwellings. Off-street parking shall be
34permitted in setback areas in locations determined by the local
35agency or through tandem parking, unless specific findings are
36made that parking in setback areas or tandem parking is not feasible
37based upon specific site or regional topographical or fire and life
38safety conditions, or that it is not permitted anywhere else in the
39jurisdiction.
40(f)
end delete
P5 1begin insert(e)end insert Fees charged for the construction of second units shall be
2determined in accordance with Chapter 5 (commencing with
3Section 66000).
4(g)
end delete
5begin insert(f)end insert This section does not limit the authority of local agencies to
6adopt less restrictive requirements for the creation of second units.
7(h)
end delete
8begin insert(g)end insert Local agencies shall submit a copy of the
ordinances adopted
9pursuant to subdivision (a)begin delete or (c)end delete to the Department of Housing
10and Community Development within 60 days after adoption.
11(i)
end delete12begin insert(h)end insert As used in this section, the following terms mean:
13(1) “Living area,” means the interior habitable area of a dwelling
14unit including basements and attics but does not include a garage
15or any accessory structure.
16(2) “Local agency” means a city, county, or city and county,
17whether general law or chartered.
18(3) For purposes of this section, “neighborhood” has the same
19meaning as set forth in Section 65589.5.
20(4) “Second unit” means an attached or a detached residential
21dwelling unit which provides complete independent living facilities
22for one or more persons. It shall include permanent provisions for
23living, sleeping, eating, cooking, and sanitation on the same parcel
24as the single-family dwelling is situated. A second unit also
25includes the following:
26(A) An efficiency unit, as defined in Section 17958.1 of Health
27and Safety Code.
28(B) A manufactured home, as defined in Section 18007 of the
29Health and Safety Code.
30(j)
end delete
31begin insert(i)end insert Nothing in this section shall be construed to supersede or in
32any way alter or lessen the effect or application of the California
33Coastal Act (Division 20 (commencing with Section 30000) of
34the Public Resources Code), except that the local government shall
35not be required to hold public hearings for coastal development
36permit applications for second units.
No reimbursement is required by this act pursuant to
38Section 6 of Article XIII B of the California Constitution because
39a local agency or school district has the authority to levy service
40charges, fees, or assessments sufficient to pay for the program or
P6 1level of service mandated by this act, within the meaning of Section
217556 of the Government Code.
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