BILL NUMBER: SB 1069 CHAPTERED
BILL TEXT
CHAPTER 720
FILED WITH SECRETARY OF STATE SEPTEMBER 27, 2016
APPROVED BY GOVERNOR SEPTEMBER 27, 2016
PASSED THE SENATE AUGUST 30, 2016
PASSED THE ASSEMBLY AUGUST 29, 2016
AMENDED IN ASSEMBLY AUGUST 25, 2016
AMENDED IN ASSEMBLY AUGUST 19, 2016
AMENDED IN ASSEMBLY AUGUST 1, 2016
AMENDED IN ASSEMBLY JUNE 16, 2016
AMENDED IN SENATE APRIL 26, 2016
AMENDED IN SENATE APRIL 13, 2016
AMENDED IN SENATE APRIL 6, 2016
INTRODUCED BY Senator Wieckowski
(Principal coauthor: Assembly Member Bloom)
(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, 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 additionally find
and declare that, among other things, 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.
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.
This bill would instead require the ordinance for the creation of
accessory dwelling units to include the provisions described above.
The bill would prohibit the imposition of parking standards under
specified circumstances. 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 one accessory dwelling unit within the existing
space of a single-family residence or accessory structure, as
specified. The bill would prohibit a local agency from requiring an
applicant for this permit to install a new or separate utility
connection directly between the unit and the utility or imposing a
related connection fee or capacity charge. The bill would authorize a
local agency to impose this requirement for other accessory dwelling
units.
This bill would incorporate additional changes in Section 65852.2
of the Government Code proposed by AB 2299 that would become
operative only if AB 2299 and this bill are both chaptered and become
effective on or before January 1, 2017, and this bill is chaptered
last.
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.
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 (j) 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.
(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 120 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 120 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, with a
maximum increase in floor area of 1,200 square feet.
(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 owner-occupant or that the
property be used for rentals of terms longer than 30 days.
(4) 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 an 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 is described in
subdivision (e).
(e) Notwithstanding any other law, a local agency, whether or not
it has adopted an ordinance governing accessory dwelling units in
accordance with subdivision (a), shall not impose parking standards
for an accessory dwelling unit in any of the following instances:
(1) The accessory dwelling unit is located within one-half mile of
public transit.
(2) The accessory dwelling unit is located within an
architecturally and historically significant historic district.
(3) The accessory dwelling unit is part of the existing primary
residence or an existing accessory structure.
(4) When on-street parking permits are required but not offered to
the occupant of the accessory dwelling unit.
(5) When there is a car share vehicle located within one block of
the accessory dwelling unit.
(f) Notwithstanding subdivisions (a) to (e), 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.
(g) (1) Fees charged for the construction of accessory dwelling
units shall be determined in accordance with Chapter 5 (commencing
with Section 66000) and Chapter 7 (commencing with Section 66012).
(2) Accessory dwelling units shall not be considered new
residential uses for the purposes of calculating local agency
connection fees or capacity charges for utilities, including water
and sewer service.
(A) For an accessory dwelling unit described in subdivision (f), a
local agency shall not require the applicant to install a new or
separate utility connection directly between the accessory dwelling
unit and the utility or impose a related connection fee or capacity
charge.
(B) For an accessory dwelling unit that is not described in
subdivision (f), a local agency may require a new or separate utility
connection directly between the accessory dwelling unit and the
utility. Consistent with Section 66013, the connection may be subject
to a connection fee or capacity charge that shall be proportionate
to the burden of the proposed accessory dwelling unit, based upon
either its size or the number of its plumbing fixtures, upon the
water or sewer system. This fee or charge shall not exceed the
reasonable cost of providing this service.
(h) This section does not limit the authority of local agencies to
adopt less restrictive requirements for the creation of accessory
dwelling units.
(i) 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.
(j) 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.
(k) 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 accessory dwelling units.
SEC. 5.5. 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) (i) Impose standards on accessory dwelling units that include,
but are not limited to, parking, height, setback, lot coverage,
landscape, 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.
(ii) Notwithstanding clause (i), a local agency may reduce or
eliminate parking requirements for any accessory dwelling unit
located within its jurisdiction.
(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.
(D) Require the accessory dwelling units to comply with all of the
following:
(i) The unit is not intended for sale separate from the primary
residence and may be rented.
(ii) The lot is zoned for single-family or multifamily use and
contains an existing, single-family dwelling.
(iii) The accessory dwelling unit is either attached to the
existing dwelling or 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.
(iv) The increased floor area of an attached accessory dwelling
unit shall not exceed 50 percent of the existing living area, with a
maximum increase in floor area of 1,200 square feet.
(v) The total area of floorspace for a detached accessory dwelling
unit shall not exceed 1,200 square feet.
(vi) No passageway shall be required in conjunction with the
construction of an accessory dwelling unit.
(vii) No setback shall be required for an existing garage that is
converted to a accessory dwelling unit, and a setback of no more than
five feet from the side and rear lot lines shall be required for an
accessory dwelling unit that is constructed above a garage.
(viii) Local building code requirements that apply to detached
dwellings, as appropriate.
(ix) Approval by the local health officer where a private sewage
disposal system is being used, if required.
(x) (I) 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.
(II) Offstreet 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 specific site or regional
topographical or fire and life safety conditions, or that it is not
permitted anywhere else in the jurisdiction.
(III) This clause shall not apply to a unit that is described in
subdivision (d).
(xi) When a garage, carport, or covered parking structure is
demolished in conjunction with the construction of an accessory
dwelling unit, and the local agency requires that those offstreet
parking spaces be replaced, the replacement spaces may be located in
any configuration on the same lot as the accessory dwelling unit,
including, but not limited to, as covered spaces, uncovered spaces,
or tandem spaces, or by the use of mechanical automobile parking
lifts. This clause shall not apply to a unit that is described in
subdivision (d).
(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 120 days after receiving the 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 an
accessory dwelling unit.
(4) An existing ordinance governing the creation of an accessory
dwelling unit by a local agency or an accessory dwelling ordinance
adopted by a local agency subsequent to the effective date of the act
adding this paragraph shall provide an approval process that
includes only ministerial provisions for the approval of accessory
dwelling units and shall not include any discretionary processes,
provisions, or requirements for those units, except as otherwise
provided in this subdivision. In the event that a local agency has an
existing accessory dwelling unit ordinance that fails to meet the
requirements of this subdivision, that ordinance shall be null and
void upon the effective date of the act adding this paragraph and
that agency shall thereafter apply the standards established in this
subdivision for the approval of accessory dwelling units, unless and
until the agency adopts an ordinance that complies with this section.
(5) 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.
(6) This subdivision establishes the maximum standards that local
agencies shall use to evaluate a proposed accessory dwelling unit on
a lot zoned for residential use that contains an existing
single-family dwelling. No additional standards, other than those
provided in this subdivision, 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 or that the
property be used for rentals of terms longer than 30 days.
(7) A local agency may amend its zoning ordinance or general plan
to incorporate the policies, procedures, or other provisions
applicable to the creation of an accessory dwelling unit if these
provisions are consistent with the limitations of this subdivision.
(8) An accessory dwelling unit that conforms to this subdivision
shall be deemed to be an accessory use or an accessory building and
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 unit shall not be
considered in the application of any local ordinance, policy, or
program to limit residential growth.
(b) 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 to create an accessory dwelling unit pursuant to this
subdivision, the local agency shall accept the application and
approve or disapprove the application ministerially without
discretionary review pursuant to subdivision (a) within 120 days
after receiving the application.
(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 permit at least an 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) Notwithstanding any other law, a local agency, whether or not
it has adopted an ordinance governing accessory dwelling units in
accordance with subdivision (a), shall not impose parking standards
for an accessory dwelling unit in any of the following instances:
(1) The accessory dwelling unit is located within one-half mile of
public transit.
(2) The accessory dwelling unit is located within an
architecturally and historically significant historic district.
(3) The accessory dwelling unit is part of the existing primary
residence or an existing accessory structure.
(4) When on-street parking permits are required but not offered to
the occupant of the accessory dwelling unit.
(5) When there is a car share vehicle located within one block of
the accessory dwelling unit.
(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) (1) Fees charged for the construction of accessory dwelling
units shall be determined in accordance with Chapter 5 (commencing
with Section 66000) and Chapter 7 (commencing with Section 66012).
(2) Accessory dwelling units shall not be considered new
residential uses for the purposes of calculating local agency
connection fees or capacity charges for utilities, including water
and sewer service.
(A) For an accessory dwelling unit described in subdivision (e), a
local agency shall not require the applicant to install a new or
separate utility connection directly between the accessory dwelling
unit and the utility or impose a related connection fee or capacity
charge.
(B) For an accessory dwelling unit that is not described in
subdivision (e), a local agency may require a new or separate utility
connection directly between the accessory dwelling unit and the
utility. Consistent with Section 66013, the connection may be subject
to a connection fee or capacity charge that shall be proportionate
to the burden of the proposed accessory dwelling unit, based upon
either its size or the number of its plumbing fixtures, upon the
water or sewer system. This fee or charge shall not exceed the
reasonable cost of providing this service.
(g) This section does not limit the authority of local agencies to
adopt less restrictive requirements for the creation of an accessory
dwelling unit.
(h) Local agencies shall submit a copy of the ordinance 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.
(5) "Passageway" means a pathway that is unobstructed clear to the
sky and extends from a street to one entrance of the accessory
dwelling unit.
(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 accessory dwelling 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. Section 5.5 of this bill incorporates amendments to
Section 65852.2 of the Government Code proposed by both this bill and
Assembly Bill 2299. It shall only become operative if (1) both bills
are enacted and become effective on or before January 1, 2017, (2)
each bill amends Section 65852.2 of the Government Code, and (3) this
bill is enacted after Assembly Bill 2299, in which case Section 5 of
this bill shall not become operative.
SEC. 8. 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.