Amended in Senate April 6, 2016

Senate Bill No. 1069

Introduced by Senator Wieckowski

February 16, 2016

An act to amend begin delete Section 65852.150 end delete begin insert Sections 65582.1, 65583.1, 65589.4, 65852.150, 65852.2, and 66412.2 end insert of the Government Code, relating to land use.

LEGISLATIVE COUNSEL’S DIGEST

SB 1069, as amended, Wieckowski. Land use: zoning.

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. That law makes findings and declarations with respect to the value of 2nd units to California’s housing supply.

This bill would begin insert replace the term “second unit” with “accessory dwelling unit” throughout the law. The bill would end insert add to those findings and declarations that allowing begin delete 2nd end delete begin insert accessory dwelling end insert units in single-family or multifamily residential zones provides additional rental housing stock begin insert and are an essential component of housing supply end insert in California.

begin insert

This bill would require an ordinance for the creation of accessory dwelling units to include specified provisions regarding areas where accessory dwelling units may be located, standards, and lot density. This bill would revise requirements for the approval or disapproval of an accessory dwelling unit application when a local agency has not adopted an ordinance. By increasing the duties of local officials, this bill would impose a state-mandated local program.

end insert begin insert

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.

end insert begin insert

This bill would provide that no reimbursement is required by this act for a specified reason.

end insert

Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program:  begin delete no end delete begin insert yes end insert .

The people of the State of California do enact as follows:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 65582.1 of the end insert begin insert Government Code end insert begin insert is
amended to read: end insert

65582.1.  

The Legislature finds and declares that it has provided
reforms and incentives to facilitate and expedite the construction
of affordable housing. Those reforms and incentives can be found
in the following provisions:

(a) Housing element law (Article 10.6 (commencing with
Section 65580) of Chapter 3).

(b) Extension of statute of limitations in actions challenging the
housing element and brought in support of affordable housing
(subdivision (d) of Section 65009).

(c) Restrictions on disapproval of housing developments
(Section 65589.5).

(d) Priority for affordable housing in the allocation of water and
sewer hookups (Section 65589.7).

(e) Least cost zoning law (Section 65913.1).

(f) Density bonus law (Section 65915).

(g)  begin delete Second dwelling end delete begin insert Accessory dwelling end insert units (Sections
65852.150 and 65852.2).

(h) By-right housing, in which certain multifamily housing are
designated a permitted use (Section 65589.4).

(i) No-net-loss-in zoning density law limiting downzonings and
density reductions (Section 65863).

(j) Requiring persons who sue to halt affordable housing to pay
attorney fees (Section 65914) or post a bond (Section 529.2 of the
Code of Civil Procedure).

(k) Reduced time for action on affordable housing applications
under the approval of development permits process (Article 5
(commencing with Section 65950) of Chapter 4.5).

(l) Limiting moratoriums on multifamily housing (Section
65858).

(m) Prohibiting discrimination against affordable housing
(Section 65008).

(n) California Fair Employment and Housing Act (Part 2.8
(commencing with Section 12900) of Division 3).

(o) Community redevelopment law (Part 1 (commencing with
Section 33000) of Division 24 of the Health and Safety Code, and
in particular Sections 33334.2 and 33413).

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 65583.1 of the end insert begin insert Government Code end insert begin insert is amended
to read: end insert

65583.1.  

(a)  The Department of Housing and Community
Development, in evaluating a proposed or adopted housing element
for substantial compliance with this article, may allow a city or
county to identify adequate sites, as required pursuant to Section
65583, by a variety of methods, including, but not limited to,
redesignation of property to a more intense land use category and
increasing the density allowed within one or more categories. The
department may also allow a city or county to identify sites for
begin delete second end delete begin insert accessory dwelling end insert units based on the number of begin delete second end delete
begin insert accessory dwelling end insert units developed in the prior housing element
planning period whether or not the units are permitted by right,
the need for these units in the community, the resources or
incentives available for their development, and any other relevant
factors, as determined by the department. Nothing in this section
reduces the responsibility of a city or county to identify, by income
category, the total number of sites for residential development as
required by this article.

(b) Sites that contain permanent housing units located on a
military base undergoing closure or conversion as a result of action
pursuant to the Defense Authorization Amendments and Base
Closure and Realignment Act (Public Law 100-526), the Defense
Base Closure and Realignment Act of 1990 (Public Law 101-510),
or any subsequent act requiring the closure or conversion of a
military base may be identified as an adequate site if the housing
element demonstrates that the housing units will be available for
occupancy by households within the planning period of the
element. No sites containing housing units scheduled or planned
for demolition or conversion to nonresidential uses shall qualify
as an adequate site.

Any city, city and county, or county using this subdivision shall
address the progress in meeting this section in the reports provided
pursuant to paragraph (1) of subdivision (b) of Section 65400.

(c) (1) The Department of Housing and Community
Development may allow a city or county to substitute the provision
of units for up to 25 percent of the community’s obligation to
identify adequate sites for any income category in its housing
element pursuant to paragraph (1) of subdivision (c) of Section
65583 where the community includes in its housing element a
program committing the local government to provide units in that
income category within the city or county that will be made
available through the provision of committed assistance during
the planning period covered by the element to low- and very low
income households at affordable housing costs or affordable rents,
as defined in Sections 50052.5 and 50053 of the Health and Safety
Code, and which meet the requirements of paragraph (2). Except
as otherwise provided in this subdivision, the community may
substitute one dwelling unit for one dwelling unit site in the
applicable income category. The program shall do all of the
following:

(A) Identify the specific, existing sources of committed
assistance and dedicate a specific portion of the funds from those
sources to the provision of housing pursuant to this subdivision.

(B) Indicate the number of units that will be provided to both
low- and very low income households and demonstrate that the
amount of dedicated funds is sufficient to develop the units at
affordable housing costs or affordable rents.

(C) Demonstrate that the units meet the requirements of
paragraph (2).

(2) Only units that comply with subparagraph (A), (B), or (C)
qualify for inclusion in the housing element program described in
paragraph (1), as follows:

(A) Units that are to be substantially rehabilitated with
committed assistance from the city or county and constitute a net
increase in the community’s stock of housing affordable to low-
and very low income households. For purposes of this
subparagraph, a unit is not eligible to be “substantially
rehabilitated” unless all of the following requirements are met:

(i) At the time the unit is identified for substantial rehabilitation,
(I) the local government has determined that the unit is at imminent
risk of loss to the housing stock, (II) the local government has
committed to provide relocation assistance pursuant to Chapter 16
(commencing with Section 7260) of Division 7 of Title 1 to any
occupants temporarily or permanently displaced by the
rehabilitation or code enforcement activity, or the relocation is
otherwise provided prior to displacement either as a condition of
receivership, or provided by the property owner or the local
government pursuant to Article 2.5 (commencing with Section
17975) of Chapter 5 of Part 1.5 of Division 13 of the Health and
Safety Code, or as otherwise provided by local ordinance; provided
the assistance includes not less than the equivalent of four months’
rent and moving expenses and comparable replacement housing
consistent with the moving expenses and comparable replacement
housing required pursuant to Section 7260, (III) the local
government requires that any displaced occupants will have the
right to reoccupy the rehabilitated units, and (IV) the unit has been
found by the local government or a court to be unfit for human
habitation due to the existence of at least four violations of the
conditions listed in subdivisions (a) to (g), inclusive, of Section
17995.3 of the Health and Safety Code.

(ii) The rehabilitated unit will have long-term affordability
covenants and restrictions that require the unit to be available to,
and occupied by, persons or families of low- or very low income
at affordable housing costs for at least 20 years or the time period
required by any applicable federal or state law or regulation.

(iii) Prior to initial occupancy after rehabilitation, the local code
enforcement agency shall issue a certificate of occupancy indicating
compliance with all applicable state and local building code and
health and safety code requirements.

(B) Units that are located either on foreclosed property or in a
multifamily rental or ownership housing complex of three or more
units, are converted with committed assistance from the city or
county from nonaffordable to affordable by acquisition of the unit
or the purchase of affordability covenants and restrictions for the
unit, are not acquired by eminent domain, and constitute a net
increase in the community’s stock of housing affordable to low-
and very low income households. For purposes of this
subparagraph, a unit is not converted by acquisition or the purchase
of affordability covenants unless all of the following occur:

(i) The unit is made available for rent at a cost affordable to
low- or very low income households.

(ii) At the time the unit is identified for acquisition, the unit is
not available at an affordable housing cost to either of the
following:

(I) Low-income households, if the unit will be made affordable
to low-income households.

(II) Very low income households, if the unit will be made
affordable to very low income households.

(iii) At the time the unit is identified for acquisition the unit is
not occupied by low- or very low income households or if the
acquired unit is occupied, the local government has committed to
provide relocation assistance prior to displacement, if any, pursuant
to Chapter 16 (commencing with Section 7260) of Division 7 of
Title 1 to any occupants displaced by the conversion, or the
relocation is otherwise provided prior to displacement; provided
the assistance includes not less than the equivalent of four months’
rent and moving expenses and comparable replacement housing
consistent with the moving expenses and comparable replacement
housing required pursuant to Section 7260.

(iv) The unit is in decent, safe, and sanitary condition at the
time of occupancy.

(v) The unit has long-term affordability covenants and
restrictions that require the unit to be affordable to persons of low-
or very low income for not less than 55 years.

(vi) For units located in multifamily ownership housing
complexes with three or more units, or on or after January 1, 2015,
on foreclosed properties, at least an equal number of
new-construction multifamily rental units affordable to lower
income households have been constructed in the city or county
within the same planning period as the number of ownership units
to be converted.

(C) Units that will be preserved at affordable housing costs to
persons or families of low- or very low incomes with committed
assistance from the city or county by acquisition of the unit or the
purchase of affordability covenants for the unit. For purposes of
this subparagraph, a unit shall not be deemed preserved unless all
of the following occur:

(i) The unit has long-term affordability covenants and
restrictions that require the unit to be affordable to, and reserved
for occupancy by, persons of the same or lower income group as
the current occupants for a period of at least 40 years.

(ii) The unit is within an “assisted housing development,” as
defined in paragraph (3) of subdivision (a) of Section 65863.10.

(iii) The city or county finds, after a public hearing, that the unit
is eligible, and is reasonably expected, to change from housing
affordable to low- and very low income households to any other
use during the next five years due to termination of subsidy
contracts, mortgage prepayment, or expiration of restrictions on
use.

(iv) The unit is in decent, safe, and sanitary condition at the
time of occupancy.

(v) At the time the unit is identified for preservation it is
available at affordable cost to persons or families of low- or very
low income.

(3) This subdivision does not apply to any city or county that,
during the current or immediately prior planning period, as defined
by Section 65588, has not met any of its share of the regional need
for affordable housing, as defined in Section 65584, for low- and
very low income households. A city or county shall document for
any housing unit that a building permit has been issued and all
development and permit fees have been paid or the unit is eligible
to be lawfully occupied.

(4) For purposes of this subdivision, “committed assistance”
means that the city or county enters into a legally enforceable
agreement during the period from the beginning of the projection
period until the end of the second year of the planning period that
obligates sufficient available funds to provide the assistance
necessary to make the identified units affordable and that requires
that the units be made available for occupancy within two years
of the execution of the agreement. “Committed assistance” does
not include tenant-based rental assistance.

(5) For purposes of this subdivision, “net increase” includes
only housing units provided committed assistance pursuant to
subparagraph (A) or (B) of paragraph (2) in the current planning
period, as defined in Section 65588, that were not provided
committed assistance in the immediately prior planning period.

(6) For purposes of this subdivision, “the time the unit is
identified” means the earliest time when any city or county agent,
acting on behalf of a public entity, has proposed in writing or has
proposed orally or in writing to the property owner, that the unit
be considered for substantial rehabilitation, acquisition, or
preservation.

(7) In the third year of the planning period, as defined by Section
65588, in the report required pursuant to Section 65400, each city
or county that has included in its housing element a program to
provide units pursuant to subparagraph (A), (B), or (C) of
paragraph (2) shall report in writing to the legislative body, and
to the department within 30 days of making its report to the
legislative body, on its progress in providing units pursuant to this
subdivision. The report shall identify the specific units for which
committed assistance has been provided or which have been made
available to low- and very low income households, and it shall
adequately document how each unit complies with this subdivision.
If, by July 1 of the third year of the planning period, the city or
county has not entered into an enforceable agreement of committed
assistance for all units specified in the programs adopted pursuant
to subparagraph (A), (B), or (C) of paragraph (2), the city or county
shall, not later than July 1 of the fourth year of the planning period,
adopt an amended housing element in accordance with Section
65585, identifying additional adequate sites pursuant to paragraph
(1) of subdivision (c) of Section 65583 sufficient to accommodate
the number of units for which committed assistance was not
provided. If a city or county does not amend its housing element
to identify adequate sites to address any shortfall, or fails to
complete the rehabilitation, acquisition, purchase of affordability
covenants, or the preservation of any housing unit within two years
after committed assistance was provided to that unit, it shall be
prohibited from identifying units pursuant to subparagraph (A),
(B), or (C) of paragraph (2) in the housing element that it adopts
for the next planning period, as defined in Section 65588, above
the number of units actually provided or preserved due to
committed assistance.

(d) A city or county may reduce its share of the regional housing
need by the number of units built between the start of the projection
period and the deadline for adoption of the housing element. If the
city or county reduces its share pursuant to this subdivision, the
city or county shall include in the housing element a description
of the methodology for assigning those housing units to an income
category based on actual or projected sales price, rent levels, or
other mechanisms establishing affordability.

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 65589.4 of the end insert begin insert Government Code end insert begin insert is amended
to read: end insert

65589.4.  

(a) An attached housing development shall be a
permitted use not subject to a conditional use permit on any parcel
zoned for an attached housing development if local law so provides
or if it satisfies the requirements of subdivision (b) and either of
the following:

(1) The attached housing development satisfies the criteria of
Section 21159.22, 21159.23, or 21159.24 of the Public Resources
Code.

(2) The attached housing development meets all of the following
criteria:

(A) The attached housing development is subject to a
discretionary decision other than a conditional use permit and a
negative declaration or mitigated negative declaration has been
adopted for the attached housing development under the California
Environmental Quality Act (Division 13 (commencing with Section
21000) of the Public Resources Code). If no public hearing is held
with respect to the discretionary decision, then the negative
declaration or mitigated negative declaration for the attached
housing development may be adopted only after a public hearing
to receive comments on the negative declaration or mitigated
negative declaration.

(B) The attached housing development is consistent with both
the jurisdiction’s zoning ordinance and general plan as it existed
on the date the application was deemed complete, except that an
attached housing development shall not be deemed to be
inconsistent with the zoning designation for the site if that zoning
designation is inconsistent with the general plan only because the
attached housing development site has not been rezoned to conform
with the most recent adopted general plan.

(C) The attached housing development is located in an area that
is covered by one of the following documents that has been adopted
by the jurisdiction within five years of the date the application for
the attached housing development was deemed complete:

(i) A general plan.

(ii) A revision or update to the general plan that includes at least
the land use and circulation elements.

(iii) An applicable community plan.

(iv) An applicable specific plan.

(D) The attached housing development consists of not more
than 100 residential units with a minimum density of not less than
12 units per acre or a minimum density of not less than eight units
per acre if the attached housing development consists of four or
fewer units.

(E) The attached housing development is located in an urbanized
area as defined in Section 21071 of the Public Resources Code or
within a census-defined place with a population density of at least
5,000 persons per square mile or, if the attached housing
development consists of 50 or fewer units, within an incorporated
city with a population density of at least 2,500 persons per square
mile and a total population of at least 25,000 persons.

(F) The attached housing development is located on an infill
site as defined in Section 21061.0.5 of the Public Resources Code.

(b) At least 10 percent of the units of the attached housing
development shall be available at affordable housing cost to very
low income households, as defined in Section 50105 of the Health
and Safety Code, or at least 20 percent of the units of the attached
housing development shall be available at affordable housing cost
to lower income households, as defined in Section 50079.5 of the
Health and Safety Code, or at least 50 percent of the units of the
attached housing development available at affordable housing cost
to moderate-income households, consistent with Section 50052.5
of the Health and Safety Code. The developer of the attached
housing development shall provide sufficient legal commitments
to the local agency to ensure the continued availability and use of
the housing units for very low, low-, or moderate-income
households for a period of at least 30 years.

(c) Nothing in this section shall prohibit a local agency from
applying design and site review standards in existence on the date
the application was deemed complete.

(d) The provisions of this section are independent of any
obligation of a jurisdiction pursuant to subdivision (c) of Section
65583 to identify multifamily sites developable by right.

(e) This section does not apply to the issuance of coastal
development permits pursuant to the California Coastal Act
(Division 20 (commencing with Section 30000) of the Public
Resources Code).

(f) This section does not relieve a public agency from complying
with the California Environmental Quality Act (Division 13
(commencing with Section 21000) of the Public Resources Code)
or relieve an applicant or public agency from complying with the
Subdivision Map Act (Division 2 (commencing with Section
66473)).

(g) This section is applicable to all cities and counties, including
charter cities, because the Legislature finds that the lack of
affordable housing is of vital statewide importance, and thus a
matter of statewide concern.

(h) For purposes of this section, “attached housing development”
means a newly constructed or substantially rehabilitated structure
containing two or more dwelling units and consisting only of
residential units, but does not include begin delete a second end delete begin insert an accessory
dwelling end insert unit, as defined by paragraph (4) of subdivision (h) of
Section 65852.2, or the conversion of an existing structure to
condominiums.

begin delete SECTION 1. end delete

begin insert SEC. 4. end insert   

Section 65852.150 of the Government Code is amended
to read:

65852.150.  

begin insert (a) end insert begin insert   end insert The Legislature finds and declares begin delete that second end delete

begin insert all of the following: end insert

begin insert (1) end insert begin insert   end insert begin insert Accessory dwelling end insert units are a valuable form of housing in
California. begin delete Second end delete

begin insert (2) end insert begin insert   end insert begin insert Accessory dwelling end insert units provide housing for family
members, students, the elderly, in-home health care providers, the
disabled, and others, at below market prices within existing
neighborhoods. begin delete Homeowners end delete

begin insert (3) end insert begin insert   end insert begin insert Homeowners end insert who create begin delete second end delete begin insert accessory dwelling end insert units
benefit from added income, and an increased sense of security.

begin delete Allowing second end delete

begin insert (4) end insert begin insert   end insert begin insert Allowing accessory dwelling end insert units in single-family or
multifamily residential zones provides additional rental housing
stock in California.

begin insert

(5) California faces a severe housing crisis.

end insert begin insert

(6) The state is falling far short of meeting current and future
housing demand with serious consequences for the state’s economy,
our ability to build green infill consistent with state greenhouse
gas reduction goals, and the well-being of our citizens, particularly
lower and middle-income earners.

end insert begin insert

(7) Accessory dwelling units offer lower cost housing to meet
the needs of existing and future residents within existing
neighborhoods, while respecting architectural character.

end insert begin insert

(8) Accessory dwelling units are, therefore, an essential
component of California’s housing supply.

end insert begin delete

It

end delete

begin insert (b) end insert begin insert   end insert begin insert It end insert is the intent of the Legislature that begin delete any second-unit
ordinances end delete begin insert an accessory dwelling unit-ordinance end insert adopted by begin insert a end insert
local begin delete agencies have end delete begin insert agency has end insert the effect of providing for the
creation of begin delete second end delete begin insert accessory dwelling end insert units and that provisions in
begin delete these ordinances end delete begin insert this ordinance end insert relating to matters including unit
size, parking, fees and other requirements, are not so arbitrary,
excessive, or burdensome so as to unreasonably restrict the ability
of homeowners to create begin delete second end delete begin insert accessory dwelling end insert units in zones
in which they are authorized by local ordinance.

begin insert

begin insert SEC. 5. end insert   

end insert

begin insert Section 65852.2 of the end insert begin insert Government Code end insert begin insert is amended
to read: end insert

65852.2.  

(a) (1)  begin delete Any end delete begin insert A end insert local agency may, by ordinance,
provide for the creation of begin delete second end delete begin insert accessory dwelling end insert units in
single-family and multifamily residential zones. The ordinance
begin delete may do any end delete begin insert shall do all end insert of the following:

(A) Designate areas within the jurisdiction of the local agency
where begin delete second end delete begin insert accessory dwelling end insert units may be permitted. The
designation of areas may be based on criteria, that may include,
but are not limited to, the adequacy of water and sewer services
and the impact of begin delete second end delete begin insert accessory dwelling end insert units on traffic begin delete flow. end delete

begin insert flow and public safety. end insert

(B) Impose standards on begin delete second end delete begin insert accessory dwelling end insert units that
include, but are not limited to, parking, height, setback, lot
coverage, architectural review, maximum size of a unit, and
standards that prevent adverse impacts on any real property that
is listed in the California Register of Historic Places. begin insert However,
notwithstanding subdivision (d), a local agency shall not impose
parking standards for an accessory dwelling unit in any of the
following instances: end insert

begin insert

(i) The accessory dwelling unit is located within one-half mile
of public transit or shopping.

end insert begin insert

(ii) The accessory dwelling unit is located within an
architecturally and historically significant historic district.

end insert begin insert

(iii) The accessory dwelling unit is part of the existing primary
residence.

end insert begin insert

(iv) When on-street parking permits are required, but not offered
to the occupant of the accessory dwelling unit.

end insert begin insert

(v) When there is a car share vehicle located within one block
of the accessory dwelling unit.

end insert

(C) Provide that begin delete second end delete begin insert accessory dwelling end insert units do not exceed
the allowable density for the lot upon which the begin delete second end delete begin insert accessory
dwelling end insert unit is located, and that begin delete second end delete begin insert accessory dwelling end insert units
are a residential use that is consistent with the existing general
plan and zoning designation for the lot.

(2) The ordinance shall not be considered in the application of
any local ordinance, policy, or program to limit residential growth.

(3) When a local agency receives its first application on or after
July 1, 2003, for a permit pursuant to this subdivision, the
application shall be considered ministerially without discretionary
review or a hearing, notwithstanding Section 65901 or 65906 or
any local ordinance regulating the issuance of variances or special
use begin delete permits. Nothing in this paragraph may be construed to require
a local government to adopt or amend an ordinance for the creation
of second units. end delete begin insert permits, within 90 days of submittal of a complete
building permit application. end insert A local agency may charge a fee to
reimburse it for costs that it incurs as a result of amendments to
this paragraph enacted during the 2001-02 Regular Session of the
Legislature, including the costs of adopting or amending any
ordinance that provides for the creation of begin delete second end delete begin insert accessory
dwelling end insert units.

(b) (1) When a local agency begin delete which end delete begin insert that end insert has not adopted an
ordinance governing begin delete second end delete begin insert accessory dwelling end insert units in accordance
with subdivision (a) begin delete or (c) end delete receives its first application on or after
July 1, 1983, for a permit pursuant to this subdivision, the local
agency shall accept the application and approve or disapprove the
application ministerially without discretionary review pursuant to
this subdivision unless it adopts an ordinance in accordance with
subdivision (a) begin delete or (c) end delete within begin delete 120 end delete begin insert 90 end insert days after receiving the
application. Notwithstanding Section 65901 or 65906, every local
agency shall begin delete grant a variance or special use permit for end delete begin insert ministerially
approve end insert the creation of begin delete a second end delete begin insert an accessory dwelling end insert unit if the
begin delete second end delete begin insert accessory dwelling end insert unit complies with all of the following:

(A) The unit is not intended for sale begin insert separate from the primary
residence end insert and may be rented.

(B) The lot is zoned for single-family or multifamily use.

(C) The lot contains an existing single-family dwelling.

(D) The begin delete second end delete begin insert accessory dwelling end insert unit is either attached to the
existing dwelling and located within the living area of the existing
dwelling or detached from the existing dwelling and located on
the same lot as the existing dwelling.

(E) The increased floor area of an attached begin delete second end delete begin insert accessory
dwelling end insert unit shall not exceed begin delete 30 end delete begin insert 50 end insert percent of the existing living
area.

(F) The total area of floorspace for a detached begin delete second end delete begin insert accessory
dwelling end insert unit shall not exceed 1,200 square feet.

(G) Requirements relating to height, setback, lot coverage,
architectural review, site plan review, fees, charges, and other
zoning requirements generally applicable to residential construction
in the zone in which the property is located.

(H) Local building code requirements begin delete which end delete begin insert that end insert apply to
detached dwellings, as appropriate.

(I) Approval by the local health officer where a private sewage
disposal system is being used, if required.

(2) No other local ordinance, policy, or regulation shall be the
basis for the denial of a building permit or a use permit under this
subdivision.

(3) This subdivision establishes the maximum standards that
local agencies shall use to evaluate proposed begin delete second end delete begin insert accessory
dwelling end insert units on lots zoned for residential use begin delete which end delete begin insert that end insert contain
an existing single-family dwelling. No additional standards, other
than those provided in this subdivision or subdivision (a), shall be
utilized or imposed, except that a local agency may require an
applicant for a permit issued pursuant to this subdivision to be an
owner-occupant.

(4) No changes in zoning ordinances or other ordinances or any
changes in the general plan shall be required to implement this
subdivision. begin delete Any end delete begin insert A end insert local agency may amend its zoning ordinance
or general plan to incorporate the policies, procedures, or other
provisions applicable to the creation of begin delete second end delete begin insert accessory dwelling end insert
units if these provisions are consistent with the limitations of this
subdivision.

(5)  begin delete A second unit which end delete begin insert An accessory dwelling unit that end insert
conforms to begin delete the requirements of end delete this subdivision shall not be
considered to exceed the allowable density for the lot upon which
it is located, and shall be deemed to be a residential use begin delete which end delete begin insert that end insert
is consistent with the existing general plan and zoning designations
for the lot. The begin delete second end delete begin insert accessory dwelling end insert units shall not be
considered in the application of any local ordinance, policy, or
program to limit residential growth.

begin delete

(c) No local agency shall adopt an ordinance which totally
precludes second units within single-family or multifamily zoned
areas unless the ordinance contains findings acknowledging that
the ordinance may limit housing opportunities of the region and
further contains findings that specific adverse impacts on the public
health, safety, and welfare that would result from allowing second
units within single-family and multifamily zoned areas justify
adopting the ordinance.

end delete begin delete

(d)

end delete

begin insert (c) end insert  A local agency may establish minimum and maximum unit
size requirements for both attached and detached begin delete second end delete begin insert accessory
dwelling end insert units. No minimum or maximum size for begin delete a second end delete begin insert an
accessory dwelling end insert unit, or size based upon a percentage of the
existing dwelling, shall be established by ordinance for either
attached or detached dwellings begin delete which end delete begin insert that end insert does not permit at least
begin delete an end delete begin insert a 500-foot accessory dwelling unit or a 500- end insert begin insert foot end insert efficiency unit
to be constructed in compliance with local development standards.

begin delete

(e)

end delete

begin insert (d) end insert  Parking requirements for begin delete second end delete begin insert accessory dwelling end insert units
shall not exceed one parking space per unit or per bedroom.
begin delete Additional parking may be required provided that a finding is made
that the additional parking requirements are directly related to the
use of the second unit and are consistent with existing
neighborhood standards applicable to existing dwellings. end delete begin insert These
spaces may be provided as tandem parking on an existing
driveway. end insert Off-street parking shall be permitted in setback areas in
locations determined by the local agency or through tandem
parking, unless specific findings are made that parking in setback
areas or tandem parking is not feasible based upon begin delete specific site or
regional topographical or end delete fire and life safety begin delete conditions, or that it
is not permitted anywhere else in the jurisdiction. end delete begin insert conditions. This
subdivision shall not apply to a unit that complies with paragraph
(1) of subdivision (b). end insert

begin delete

(f)

end delete

begin insert (e) end insert  Fees charged for the construction of begin delete second end delete begin insert accessory
dwelling end insert units shall be determined in accordance with Chapter 5
(commencing with Section 66000). begin insert Accessory dwelling units shall
not be considered new residential uses for the purposes of
calculating private or public utility connection fees, including
water and sewer service. end insert

begin delete

(g)

end delete

begin insert (f) end insert  This section does not limit the authority of local agencies to
adopt less restrictive requirements for the creation of begin delete second end delete
begin insert accessory dwelling end insert units.

begin delete

(h)

end delete

begin insert (g) end insert  Local agencies shall submit a copy of the ordinances adopted
pursuant to subdivision (a) begin delete or (c) end delete to the Department of Housing
and Community Development within 60 days after adoption.

begin delete

(i)

end delete

begin insert (h) end insert  As used in this section, the following terms mean:

(1) “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.

(2) “Local agency” means a city, county, or city and county,
whether general law or chartered.

(3) For purposes of this section, “neighborhood” has the same
meaning as set forth in Section 65589.5.

(4)  begin delete “Second unit” end delete begin insert “Accessory dwelling unit” end insert means an attached
or a detached residential dwelling unit which provides complete
independent living facilities for one or more persons. It shall
include permanent provisions for living, sleeping, eating, cooking,
and sanitation on the same parcel as the single-family dwelling is
situated. begin delete A second end delete begin insert An accessory dwelling end insert unit also includes the
following:

(A) An efficiency unit, as defined in Section 17958.1 of Health
and Safety Code.

(B) A manufactured home, as defined in Section 18007 of the
Health and Safety Code.

begin delete

(j)

end delete

begin insert (i) end insert  Nothing in this section shall be construed to supersede or in
any way alter or lessen the effect or application of the California
Coastal Act (Division 20 (commencing with Section 30000) of
the Public Resources Code), except that the local government shall
not be required to hold public hearings for coastal development
permit applications for second units.

begin insert

begin insert SEC. 6. end insert   

end insert

begin insert Section 66412.2 of the end insert begin insert Government Code end insert begin insert is amended
to read: end insert

66412.2.  

This division shall not apply to the construction,
financing, or leasing of dwelling units pursuant to Section 65852.1
or begin delete second end delete begin insert accessory dwelling end insert units pursuant to Section 65852.2,
but this division shall be applicable to the sale or transfer, but not
leasing, of those units.

begin insert

begin insert SEC. 7. end insert   

end insert begin insert

No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
a local agency or school district has the authority to levy service
charges, fees, or assessments sufficient to pay for the program or
level of service mandated by this act, within the meaning of Section
17556 of the Government Code.

end insert