Amended in Senate April 26, 2016

Amended in Senate April 13, 2016

Amended in Senate April 6, 2016

Senate Bill No. 1069

Introduced by Senator Wieckowski

(Coauthor: Assembly Member Atkins)

February 16, 2016

An act to amend Sections 65582.1, 65583.1, 65589.4, 65852.150, 65852.2, and 66412.2 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 replace the term “second unit” with “accessory dwelling unit” throughout the law. The bill would add to those findings and declarations begin delete that end delete begin insert that, among other things, end insert allowing accessory dwelling units in single-family or multifamily residential zones provides additional rental housing stock and these units are an essential component of housing supply in California.

begin insert

The Planning and Zoning Law authorizes the ordinance for the creation of 2nd units in single-family and multifamily residential zones to include specified provisions regarding areas where accessory dwelling units may be located, standards, including the imposition of parking standards, and lot density. Existing law, when a local agency has not adopted an ordinance governing 2nd units as so described, requires the local agency to approve or disapprove the application ministerially, as provided.

end insert

This bill would begin insert instead end insert require begin delete an end delete begin insert the end insert ordinance for the creation of accessory dwelling units to include begin delete specified provisions regarding areas where accessory dwelling units may be located, standards, and lot density. end delete begin insert the provisions described above. The bill would prohibit the imposition of parking standards under specified circumstances. end insert The bill would revise requirements for the approval or disapproval of an accessory dwelling unit application when a local agency has not adopted an ordinance. The bill would also require the ministerial approval of an application for a building permit to create an accessory dwelling unit within the existing space of a single family residence or accessory structure, as specified. begin delete By end delete

begin insert By end insert 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 1.  

Section 65582.1 of the Government Code is
amended to read:

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) Accessory dwelling 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).

SEC. 2.  

Section 65583.1 of the Government Code is amended
to read:

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
accessory dwelling units based on the number of accessory
dwelling 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.

SEC. 3.  

Section 65589.4 of the Government Code is amended
to read:

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 an accessory dwelling unit,
as defined by paragraph (4) of subdivision (i) of Section 65852.2,
or the conversion of an existing structure to condominiums.

SEC. 4.  

Section 65852.150 of the Government Code is amended
to read:

65852.150.  

(a) The Legislature finds and declares all of the
following:

(1) Accessory dwelling units are a valuable form of housing in
California.

(2) Accessory dwelling 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.

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

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

(5) California faces a severe housing crisis.

(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.

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

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

(b) It is the intent of the Legislature that an accessory dwelling
unit-ordinance adopted by a local agency has the effect of providing
for the creation of accessory dwelling units and that provisions in
this ordinance 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 accessory dwelling units in zones in which
they are authorized by local ordinance.

SEC. 5.  

Section 65852.2 of the Government Code is amended
to read:

65852.2.  

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

(A) Designate areas within the jurisdiction of the local agency
where accessory dwelling 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 accessory dwelling units on traffic flow and public safety.

(B) Impose standards on accessory dwelling 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. However, notwithstanding
subdivision (d), a local agency shall not impose parking standards
for an accessory dwelling unit in any of the following instances:

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

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

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

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

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

(C) Provide that accessory dwelling units do not exceed the
allowable density for the lot upon which the accessory dwelling
unit is located, and that accessory dwelling 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 permits, within 90 days of submittal of a complete building
permit application. 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 accessory dwelling units.

(b) (1) When a local agency that has not adopted an ordinance
governing accessory dwelling units in accordance with subdivision
(a) 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) within
90 days after receiving the application. Notwithstanding Section
65901 or 65906, every local agency shall ministerially approve
the creation of an accessory dwelling unit if the accessory dwelling
unit complies with all of the following:

(A) The unit is not intended for sale separate from the primary
residence 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 accessory dwelling 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 accessory dwelling
unit shall not exceed 50 percent of the existing living area.

(F) The total area of floorspace for a detached accessory
dwelling 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 that 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 accessory dwelling
units on lots zoned for residential use that 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

begin delete owner-occupant. end delete begin insert owner-occupant or that the property be used for
rentals of terms longer than 30 days. end insert

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

(5) An accessory dwelling unit that conforms to 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 that is consistent with the existing general plan and zoning
designations for the lot. The accessory dwelling units shall not be
considered in the application of any local ordinance, policy, or
program to limit residential growth.

(c) A local agency may establish minimum and maximum unit
size requirements for both attached and detached accessory
dwelling units. No minimum or maximum size for an accessory
dwelling unit, or size based upon a percentage of the existing
dwelling, shall be established by ordinance for either attached or
detached dwellings that does not otherwise permit at least a
500-foot accessory dwelling unit or a 500-foot efficiency unit to
be constructed in compliance with local development standards.
Accessory dwelling units shall not be required to provide fire
sprinklers if they are not required for the primary residence.

(d) Parking requirements for accessory dwelling units shall not
exceed one parking space per unit or per bedroom. These spaces
may be provided as tandem parking on an existing driveway.
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 fire and life safety conditions.
This subdivision shall not apply to a unit that complies with
paragraph (1) of subdivision (b).

(e) Notwithstanding subdivisions (a) to (d), inclusive, a local
agency shall ministerially approve an application for a building
permit to create within a single-family residential zone one
accessory dwelling unit per single-family lot if the unit is contained
within the existing space of a single-family residence or accessory
structure, has independent exterior access from the existing
residence, and the side and rear setbacks are sufficient for fire
safety. Accessory dwelling units shall not be required to provide
fire sprinklers if they are not required for the primary residence.

(f) Fees charged for the construction of accessory dwelling units
shall be determined in accordance with Chapter 5 (commencing
with Section 66000). 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.

(g) This section does not limit the authority of local agencies
to adopt less restrictive requirements for the creation of accessory
dwelling units.

(h) Local agencies shall submit a copy of the ordinances adopted
pursuant to subdivision (a) to the Department of Housing and
Community Development within 60 days after adoption.

(i) 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) “Accessory dwelling unit” 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. An
accessory dwelling 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.

(j) 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.

SEC. 6.  

Section 66412.2 of the Government Code is amended
to read:

66412.2.  

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

SEC. 7.  

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.