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

Senate BillNo. 1069


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, 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 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.

begin insert

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.

end insert

By increasing the duties of local officials, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

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

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

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

P3    1

SECTION 1.  

Section 65582.1 of the Government Code is
2amended to read:

3

65582.1.  

The Legislature finds and declares that it has provided
4reforms and incentives to facilitate and expedite the construction
5of affordable housing. Those reforms and incentives can be found
6in the following provisions:

7(a) Housing element law (Article 10.6 (commencing with
8Section 65580) of Chapter 3).

9(b) Extension of statute of limitations in actions challenging the
10housing element and brought in support of affordable housing
11(subdivision (d) of Section 65009).

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

14(d) Priority for affordable housing in the allocation of water and
15sewer hookups (Section 65589.7).

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

17(f) Density bonus law (Section 65915).

18(g) Accessory dwelling units (Sections 65852.150 and 65852.2).

19(h) By-right housing, in which certain multifamily housing are
20designated a permitted use (Section 65589.4).

21(i) No-net-loss-in zoning density law limiting downzonings and
22density reductions (Section 65863).

23(j) Requiring persons who sue to halt affordable housing to pay
24attorney fees (Section 65914) or post a bond (Section 529.2 of the
25Code of Civil Procedure).

26(k) Reduced time for action on affordable housing applications
27under the approval of development permits process (Article 5
28(commencing with Section 65950) of Chapter 4.5).

29(l) Limiting moratoriums on multifamily housing (Section
3065858).

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

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

35(o) Community redevelopment law (Part 1 (commencing with
36Section 33000) of Division 24 of the Health and Safety Code, and
37in particular Sections 33334.2 and 33413).

P4    1

SEC. 2.  

Section 65583.1 of the Government Code is amended
2to read:

3

65583.1.  

(a) The Department of Housing and Community
4Development, in evaluating a proposed or adopted housing element
5for substantial compliance with this article, may allow a city or
6county to identify adequate sites, as required pursuant to Section
765583, by a variety of methods, including, but not limited to,
8redesignation of property to a more intense land use category and
9increasing the density allowed within one or more categories. The
10department may also allow a city or county to identify sites for
11accessory dwelling units based on the number of accessory
12dwelling units developed in the prior housing element planning
13period whether or not the units are permitted by right, the need for
14these units in the community, the resources or incentives available
15for their development, and any other relevant factors, as determined
16by the department. Nothing in this section reduces the responsibility
17of a city or county to identify, by income category, the total number
18of sites for residential development as required by this article.

19(b) Sites that contain permanent housing units located on a
20military base undergoing closure or conversion as a result of action
21pursuant to the Defense Authorization Amendments and Base
22Closure and Realignment Act (Public Law 100-526), the Defense
23Base Closure and Realignment Act of 1990 (Public Law 101-510),
24or any subsequent act requiring the closure or conversion of a
25military base may be identified as an adequate site if the housing
26element demonstrates that the housing units will be available for
27occupancy by households within the planning period of the
28element. No sites containing housing units scheduled or planned
29for demolition or conversion to nonresidential uses shall qualify
30as an adequate site.

31Any city, city and county, or county using this subdivision shall
32address the progress in meeting this section in the reports provided
33pursuant to paragraph (1) of subdivision (b) of Section 65400.

34(c) (1) The Department of Housing and Community
35Development may allow a city or county to substitute the provision
36of units for up to 25 percent of the community’s obligation to
37identify adequate sites for any income category in its housing
38element pursuant to paragraph (1) of subdivision (c) of Section
3965583 where the community includes in its housing element a
40program committing the local government to provide units in that
P5    1income category within the city or county that will be made
2available through the provision of committed assistance during
3the planning period covered by the element to low- and very low
4income households at affordable housing costs or affordable rents,
5as defined in Sections 50052.5 and 50053 of the Health and Safety
6Code, and which meet the requirements of paragraph (2). Except
7as otherwise provided in this subdivision, the community may
8substitute one dwelling unit for one dwelling unit site in the
9applicable income category. The program shall do all of the
10following:

11(A) Identify the specific, existing sources of committed
12assistance and dedicate a specific portion of the funds from those
13sources to the provision of housing pursuant to this subdivision.

14(B) Indicate the number of units that will be provided to both
15low- and very low income households and demonstrate that the
16amount of dedicated funds is sufficient to develop the units at
17affordable housing costs or affordable rents.

18(C) Demonstrate that the units meet the requirements of
19paragraph (2).

20(2) Only units that comply with subparagraph (A), (B), or (C)
21qualify for inclusion in the housing element program described in
22paragraph (1), as follows:

23(A) Units that are to be substantially rehabilitated with
24committed assistance from the city or county and constitute a net
25increase in the community’s stock of housing affordable to low-
26and very low income households. For purposes of this
27subparagraph, a unit is not eligible to be “substantially
28rehabilitated” unless all of the following requirements are met:

29(i) At the time the unit is identified for substantial rehabilitation,
30(I) the local government has determined that the unit is at imminent
31risk of loss to the housing stock, (II) the local government has
32committed to provide relocation assistance pursuant to Chapter 16
33(commencing with Section 7260) of Division 7 of Title 1 to any
34occupants temporarily or permanently displaced by the
35rehabilitation or code enforcement activity, or the relocation is
36otherwise provided prior to displacement either as a condition of
37receivership, or provided by the property owner or the local
38government pursuant to Article 2.5 (commencing with Section
3917975) of Chapter 5 of Part 1.5 of Division 13 of the Health and
40Safety Code, or as otherwise provided by local ordinance; provided
P6    1the assistance includes not less than the equivalent of four months’
2rent and moving expenses and comparable replacement housing
3consistent with the moving expenses and comparable replacement
4housing required pursuant to Section 7260, (III) the local
5government requires that any displaced occupants will have the
6right to reoccupy the rehabilitated units, and (IV) the unit has been
7found by the local government or a court to be unfit for human
8habitation due to the existence of at least four violations of the
9conditions listed in subdivisions (a) to (g), inclusive, of Section
1017995.3 of the Health and Safety Code.

11(ii) The rehabilitated unit will have long-term affordability
12covenants and restrictions that require the unit to be available to,
13and occupied by, persons or families of low- or very low income
14at affordable housing costs for at least 20 years or the time period
15required by any applicable federal or state law or regulation.

16(iii) Prior to initial occupancy after rehabilitation, the local code
17enforcement agency shall issue a certificate of occupancy indicating
18compliance with all applicable state and local building code and
19health and safety code requirements.

20(B) Units that are located either on foreclosed property or in a
21multifamily rental or ownership housing complex of three or more
22units, are converted with committed assistance from the city or
23 county from nonaffordable to affordable by acquisition of the unit
24or the purchase of affordability covenants and restrictions for the
25unit, are not acquired by eminent domain, and constitute a net
26increase in the community’s stock of housing affordable to low-
27and very low income households. For purposes of this
28subparagraph, a unit is not converted by acquisition or the purchase
29of affordability covenants unless all of the following occur:

30(i) The unit is made available for rent at a cost affordable to
31low- or very low income households.

32(ii) At the time the unit is identified for acquisition, the unit is
33not available at an affordable housing cost to either of the
34following:

35(I) Low-income households, if the unit will be made affordable
36to low-income households.

37(II) Very low income households, if the unit will be made
38affordable to very low income households.

39(iii) At the time the unit is identified for acquisition the unit is
40not occupied by low- or very low income households or if the
P7    1acquired unit is occupied, the local government has committed to
2provide relocation assistance prior to displacement, if any, pursuant
3to Chapter 16 (commencing with Section 7260) of Division 7 of
4Title 1 to any occupants displaced by the conversion, or the
5relocation is otherwise provided prior to displacement; provided
6the assistance includes not less than the equivalent of four months’
7rent and moving expenses and comparable replacement housing
8consistent with the moving expenses and comparable replacement
9housing required pursuant to Section 7260.

10(iv) The unit is in decent, safe, and sanitary condition at the
11time of occupancy.

12(v) The unit has long-term affordability covenants and
13restrictions that require the unit to be affordable to persons of low-
14or very low income for not less than 55 years.

15(vi) For units located in multifamily ownership housing
16complexes with three or more units, or on or after January 1, 2015,
17on foreclosed properties, at least an equal number of
18new-construction multifamily rental units affordable to lower
19income households have been constructed in the city or county
20within the same planning period as the number of ownership units
21to be converted.

22(C) Units that will be preserved at affordable housing costs to
23persons or families of low- or very low incomes with committed
24assistance from the city or county by acquisition of the unit or the
25purchase of affordability covenants for the unit. For purposes of
26this subparagraph, a unit shall not be deemed preserved unless all
27of the following occur:

28(i) The unit has long-term affordability covenants and
29restrictions that require the unit to be affordable to, and reserved
30for occupancy by, persons of the same or lower income group as
31the current occupants for a period of at least 40 years.

32(ii) The unit is within an “assisted housing development,” as
33defined in paragraph (3) of subdivision (a) of Section 65863.10.

34(iii) The city or county finds, after a public hearing, that the unit
35is eligible, and is reasonably expected, to change from housing
36affordable to low- and very low income households to any other
37use during the next five years due to termination of subsidy
38contracts, mortgage prepayment, or expiration of restrictions on
39use.

P8    1(iv) The unit is in decent, safe, and sanitary condition at the
2time of occupancy.

3(v) At the time the unit is identified for preservation it is
4available at affordable cost to persons or families of low- or very
5low income.

6(3) This subdivision does not apply to any city or county that,
7during the current or immediately prior planning period, as defined
8by Section 65588, has not met any of its share of the regional need
9for affordable housing, as defined in Section 65584, for low- and
10very low income households. A city or county shall document for
11any housing unit that a building permit has been issued and all
12development and permit fees have been paid or the unit is eligible
13to be lawfully occupied.

14(4) For purposes of this subdivision, “committed assistance”
15means that the city or county enters into a legally enforceable
16agreement during the period from the beginning of the projection
17period until the end of the second year of the planning period that
18obligates sufficient available funds to provide the assistance
19necessary to make the identified units affordable and that requires
20that the units be made available for occupancy within two years
21of the execution of the agreement. “Committed assistance” does
22not include tenant-based rental assistance.

23(5) For purposes of this subdivision, “net increase” includes
24only housing units provided committed assistance pursuant to
25subparagraph (A) or (B) of paragraph (2) in the current planning
26period, as defined in Section 65588, that were not provided
27committed assistance in the immediately prior planning period.

28(6) For purposes of this subdivision, “the time the unit is
29identified” means the earliest time when any city or county agent,
30acting on behalf of a public entity, has proposed in writing or has
31proposed orally or in writing to the property owner, that the unit
32be considered for substantial rehabilitation, acquisition, or
33preservation.

34(7) In the third year of the planning period, as defined by Section
3565588, in the report required pursuant to Section 65400, each city
36or county that has included in its housing element a program to
37provide units pursuant to subparagraph (A), (B), or (C) of
38paragraph (2) shall report in writing to the legislative body, and
39to the department within 30 days of making its report to the
40legislative body, on its progress in providing units pursuant to this
P9    1subdivision. The report shall identify the specific units for which
2committed assistance has been provided or which have been made
3available to low- and very low income households, and it shall
4adequately document how each unit complies with this subdivision.
5If, by July 1 of the third year of the planning period, the city or
6county has not entered into an enforceable agreement of committed
7assistance for all units specified in the programs adopted pursuant
8to subparagraph (A), (B), or (C) of paragraph (2), the city or county
9shall, not later than July 1 of the fourth year of the planning period,
10adopt an amended housing element in accordance with Section
1165585, identifying additional adequate sites pursuant to paragraph
12(1) of subdivision (c) of Section 65583 sufficient to accommodate
13the number of units for which committed assistance was not
14provided. If a city or county does not amend its housing element
15to identify adequate sites to address any shortfall, or fails to
16complete the rehabilitation, acquisition, purchase of affordability
17covenants, or the preservation of any housing unit within two years
18after committed assistance was provided to that unit, it shall be
19prohibited from identifying units pursuant to subparagraph (A),
20(B), or (C) of paragraph (2) in the housing element that it adopts
21for the next planning period, as defined in Section 65588, above
22the number of units actually provided or preserved due to
23committed assistance.

24(d) A city or county may reduce its share of the regional housing
25need by the number of units built between the start of the projection
26period and the deadline for adoption of the housing element. If the
27city or county reduces its share pursuant to this subdivision, the
28city or county shall include in the housing element a description
29of the methodology for assigning those housing units to an income
30category based on actual or projected sales price, rent levels, or
31other mechanisms establishing affordability.

32

SEC. 3.  

Section 65589.4 of the Government Code is amended
33to read:

34

65589.4.  

(a) An attached housing development shall be a
35permitted use not subject to a conditional use permit on any parcel
36zoned for an attached housing development if local law so provides
37or if it satisfies the requirements of subdivision (b) and either of
38the following:

P10   1(1) The attached housing development satisfies the criteria of
2Section 21159.22, 21159.23, or 21159.24 of the Public Resources
3Code.

4(2) The attached housing development meets all of the following
5criteria:

6(A) The attached housing development is subject to a
7 discretionary decision other than a conditional use permit and a
8negative declaration or mitigated negative declaration has been
9adopted for the attached housing development under the California
10Environmental Quality Act (Division 13 (commencing with Section
1121000) of the Public Resources Code). If no public hearing is held
12with respect to the discretionary decision, then the negative
13declaration or mitigated negative declaration for the attached
14housing development may be adopted only after a public hearing
15to receive comments on the negative declaration or mitigated
16negative declaration.

17(B) The attached housing development is consistent with both
18the jurisdiction’s zoning ordinance and general plan as it existed
19on the date the application was deemed complete, except that an
20attached housing development shall not be deemed to be
21inconsistent with the zoning designation for the site if that zoning
22designation is inconsistent with the general plan only because the
23attached housing development site has not been rezoned to conform
24with the most recent adopted general plan.

25(C) The attached housing development is located in an area that
26is covered by one of the following documents that has been adopted
27by the jurisdiction within five years of the date the application for
28the attached housing development was deemed complete:

29(i) A general plan.

30(ii) A revision or update to the general plan that includes at least
31the land use and circulation elements.

32(iii) An applicable community plan.

33(iv) An applicable specific plan.

34(D) The attached housing development consists of not more
35than 100 residential units with a minimum density of not less than
3612 units per acre or a minimum density of not less than eight units
37per acre if the attached housing development consists of four or
38fewer units.

39(E) The attached housing development is located in an urbanized
40area as defined in Section 21071 of the Public Resources Code or
P11   1within a census-defined place with a population density of at least
25,000 persons per square mile or, if the attached housing
3development consists of 50 or fewer units, within an incorporated
4city with a population density of at least 2,500 persons per square
5mile and a total population of at least 25,000 persons.

6(F) The attached housing development is located on an infill
7site as defined in Section 21061.0.5 of the Public Resources Code.

8(b) At least 10 percent of the units of the attached housing
9development shall be available at affordable housing cost to very
10low income households, as defined in Section 50105 of the Health
11and Safety Code, or at least 20 percent of the units of the attached
12housing development shall be available at affordable housing cost
13to lower income households, as defined in Section 50079.5 of the
14Health and Safety Code, or at least 50 percent of the units of the
15attached housing development available at affordable housing cost
16to moderate-income households, consistent with Section 50052.5
17of the Health and Safety Code. The developer of the attached
18housing development shall provide sufficient legal commitments
19to the local agency to ensure the continued availability and use of
20the housing units for very low, low-, or moderate-income
21households for a period of at least 30 years.

22(c) Nothing in this section shall prohibit a local agency from
23applying design and site review standards in existence on the date
24the application was deemed complete.

25(d) The provisions of this section are independent of any
26obligation of a jurisdiction pursuant to subdivision (c) of Section
2765583 to identify multifamily sites developable by right.

28(e) This section does not apply to the issuance of coastal
29development permits pursuant to the California Coastal Act
30(Division 20 (commencing with Section 30000) of the Public
31Resources Code).

32(f) This section does not relieve a public agency from complying
33with the California Environmental Quality Act (Division 13
34(commencing with Section 21000) of the Public Resources Code)
35or relieve an applicant or public agency from complying with the
36Subdivision Map Act (Division 2 (commencing with Section
3766473)).

38(g) This section is applicable to all cities and counties, including
39 charter cities, because the Legislature finds that the lack of
P12   1affordable housing is of vital statewide importance, and thus a
2matter of statewide concern.

3(h) For purposes of this section, “attached housing development”
4means a newly constructed or substantially rehabilitated structure
5containing two or more dwelling units and consisting only of
6residential units, but does not include an accessory dwelling unit,
7as defined by paragraph (4) of subdivision (j) of Section 65852.2,
8or the conversion of an existing structure to condominiums.

9

SEC. 4.  

Section 65852.150 of the Government Code is amended
10to read:

11

65852.150.  

(a) The Legislature finds and declares all of the
12following:

13(1) Accessory dwelling units are a valuable form of housing in
14California.

15(2) Accessory dwelling units provide housing for family
16members, students, the elderly, in-home health care providers, the
17disabled, and others, at below market prices within existing
18neighborhoods.

19(3) Homeowners who create accessory dwelling units benefit
20from added income, and an increased sense of security.

21(4) Allowing accessory dwelling units in single-family or
22multifamily residential zones provides additional rental housing
23stock in California.

24(5) California faces a severe housing crisis.

25(6) The state is falling far short of meeting current and future
26housing demand with serious consequences for the state’s
27economy, our ability to build green infill consistent with state
28greenhouse gas reduction goals, and the well-being of our citizens,
29particularly lower and middle-income earners.

30(7) Accessory dwelling units offer lower cost housing to meet
31the needs of existing and future residents within existing
32neighborhoods, while respecting architectural character.

33(8) Accessory dwelling units are, therefore, an essential
34component of California’s housing supply.

35(b) It is the intent of the Legislature that an accessory dwelling
36unit ordinance adopted by a local agency has the effect of providing
37for the creation of accessory dwelling units and that provisions in
38this ordinance relating to matters including unit size, parking, fees,
39and other requirements, are not so arbitrary, excessive, or
40burdensome so as to unreasonably restrict the ability of
P13   1homeowners to create accessory dwelling units in zones in which
2they are authorized by local ordinance.

3

SEC. 5.  

Section 65852.2 of the Government Code is amended
4to read:

5

65852.2.  

(a) (1) A local agency may, by ordinance, provide
6for the creation of accessory dwelling units in single-family and
7multifamily residential zones. The ordinance shall do all of the
8following:

9(A) Designate areas within the jurisdiction of the local agency
10where accessory dwelling units may be permitted. The designation
11of areas may be based on criteria, that may include, but are not
12limited to, the adequacy of water and sewer services and the impact
13of accessory dwelling units on traffic flow and public safety.

14(B) Impose standards on accessory dwelling units that include,
15but are not limited to, parking, height, setback, lot coverage,
16 architectural review, maximum size of a unit, and standards that
17prevent adverse impacts on any real property that is listed in the
18California Register of Historic Places.

19(C) Provide that accessory dwelling units do not exceed the
20allowable density for the lot upon which the accessory dwelling
21unit is located, and that accessory dwelling units are a residential
22use that is consistent with the existing general plan and zoning
23designation for the lot.

24(2) The ordinance shall not be considered in the application of
25any local ordinance, policy, or program to limit residential growth.

26(3) When a local agency receives its first application on or after
27July 1, 2003, for a permit pursuant to this subdivision, the
28application shall be considered ministerially without discretionary
29review or a hearing, notwithstanding Section 65901 or 65906 or
30any local ordinance regulating the issuance of variances or special
31use permits, within 120 days of submittal of a complete building
32permit application. A local agency may charge a fee to reimburse
33it for costs that it incurs as a result of amendments to this paragraph
34enacted during the 2001-02 Regular Session of the Legislature,
35including the costs of adopting or amending any ordinance that
36provides for the creation of accessory dwelling units.

37(b) (1) When a local agency that has not adopted an ordinance
38governing accessory dwelling units in accordance with subdivision
39(a) receives its first application on or after July 1, 1983, for a permit
40pursuant to this subdivision, the local agency shall accept the
P14   1application and approve or disapprove the application ministerially
2without discretionary review pursuant to this subdivision unless
3it adopts an ordinance in accordance with subdivision (a) within
4120 days after receiving the application. Notwithstanding Section
565901 or 65906, every local agency shall ministerially approve
6the creation of an accessory dwelling unit if the accessory dwelling
7unit complies with all of the following:

8(A) The unit is not intended for sale separate from the primary
9residence and may be rented.

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

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

12(D) The accessory dwelling unit is either attached to the existing
13dwelling and located within the living area of the existing dwelling
14or detached from the existing dwelling and located on the same
15lot as the existing dwelling.

16(E) The increased floor area of an attached accessory dwelling
17unit shall not exceed 50 percent of the existing living area, with a
18maximum increase in floor area of 1,200 square feet.

19(F) The total area of floorspace for a detached accessory
20dwelling unit shall not exceed 1,200 square feet.

21(G) Requirements relating to height, setback, lot coverage,
22architectural review, site plan review, fees, charges, and other
23zoning requirements generally applicable to residential construction
24in the zone in which the property is located.

25(H) Local building code requirements that apply to detached
26dwellings, as appropriate.

27(I) Approval by the local health officer where a private sewage
28disposal system is being used, if required.

29(2) No other local ordinance, policy, or regulation shall be the
30basis for the denial of a building permit or a use permit under this
31subdivision.

32(3) This subdivision establishes the maximum standards that
33local agencies shall use to evaluate proposed accessory dwelling
34units on lots zoned for residential use that contain an existing
35single-family dwelling. No additional standards, other than those
36provided in this subdivision or subdivision (a), shall be utilized or
37imposed, except that a local agency may require an applicant for
38a permit issued pursuant to this subdivision to be an
39owner-occupant or that the property be used for rentals of terms
40longer than 30 days.

P15   1(4) A local agency may amend its zoning ordinance or general
2plan to incorporate the policies, procedures, or other provisions
3applicable to the creation of accessory dwelling units if these
4provisions are consistent with the limitations of this subdivision.

5(5) An accessory dwelling unit that conforms to this subdivision
6shall not be considered to exceed the allowable density for the lot
7upon which it is located, and shall be deemed to be a residential
8use that is consistent with the existing general plan and zoning
9designations for the lot. The accessory dwelling units shall not be
10considered in the application of any local ordinance, policy, or
11program to limit residential growth.

12(c) A local agency may establish minimum and maximum unit
13size requirements for both attached and detached accessory
14dwelling units. No minimum or maximum size for an accessory
15dwelling unit, or size based upon a percentage of the existing
16dwelling, shall be established by ordinance for either attached or
17detached dwellings that does not otherwise permit at least an
18efficiency unit to be constructed in compliance with local
19development standards. Accessory dwelling units shall not be
20required to provide fire sprinklers if they are not required for the
21primary residence.

22(d) Parking requirements for accessory dwelling units shall not
23exceed one parking space per unit or per bedroom. These spaces
24may be provided as tandem parking on an existing driveway.
25Off-street parking shall be permitted in setback areas in locations
26determined by the local agency or through tandem parking, unless
27specific findings are made that parking in setback areas or tandem
28parking is not feasible based upon fire and life safety conditions.
29This subdivision shall not apply to a unit that is described in
30subdivision (e).

31(e) Notwithstanding any other law, a local agency, whether or
32not it has adopted an ordinance governing accessory dwelling units
33in accordance with subdivision (a), shall not impose parking
34standards for an accessory dwelling unit in any of the following
35instances:

36(1) The accessory dwelling unit is located within one-half mile
37of public transit.

38(2) The accessory dwelling unit is located within an
39architecturally and historically significant historic district.

P16   1(3) The accessory dwelling unit is part of the existing primary
2residence or an existing accessory structure.

3(4) When on-street parking permits are required but not offered
4to the occupant of the accessory dwelling unit.

5(5) When there is a car share vehicle located within one block
6of the accessory dwelling unit.

7(f) Notwithstanding subdivisions (a) to (e), inclusive, a local
8agency shall ministerially approve an application for a building
9permit to create within a single-family residential zone one
10accessory dwelling unit per single-family lot if the unit is contained
11within the existing space of a single-family residence or accessory
12structure, has independent exterior access from the existing
13residence, and the side and rear setbacks are sufficient for fire
14safety. Accessory dwelling units shall not be required to provide
15fire sprinklers if they are not required for the primary residence.

16(g) (1) Fees charged for the construction of accessory dwelling
17units shall be determined in accordance with Chapter 5
18(commencing with Section 66000) and Chapter 7 (commencing
19with Section 66012).

20(2) Accessory dwelling units shall not be considered new
21residential uses for the purposes of calculating local agency
22connection fees or capacity charges for utilities, including water
23and sewer service.

24(A) For an accessory dwelling unit described in subdivision (f),
25a local agency shall not require the applicant to install a new or
26separate utility connection directly between the accessory dwelling
27unit and the utility or impose a related connection fee or capacity
28charge.

29(B) For an accessory dwelling unit that is not described in
30subdivision (f), a local agency may require a new or separate utility
31 connection directly between the accessory dwelling unit and the
32utility. Consistent with Section 66013, the connection may be
33subject to a connection fee or capacity charge that shall be
34proportionate to the burden of the proposed accessory dwelling
35unit, based upon either its size or the number of its plumbing
36fixtures, upon the water or sewer system. This fee or charge shall
37not exceed the reasonable cost of providing this service.

38(h) This section does not limit the authority of local agencies
39to adopt less restrictive requirements for the creation of accessory
40dwelling units.

P17   1(i) Local agencies shall submit a copy of the ordinances adopted
2pursuant to subdivision (a) to the Department of Housing and
3Community Development within 60 days after adoption.

4(j) As used in this section, the following terms mean:

5(1) “Living area” means the interior habitable area of a dwelling
6unit including basements and attics but does not include a garage
7or any accessory structure.

8(2) “Local agency” means a city, county, or city and county,
9whether general law or chartered.

10(3) For purposes of this section, “neighborhood” has the same
11meaning as set forth in Section 65589.5.

12(4) “Accessory dwelling unit” means an attached or a detached
13residential dwelling unit which provides complete independent
14living facilities for one or more persons. It shall include permanent
15provisions for living, sleeping, eating, cooking, and sanitation on
16the same parcel as the single-family dwelling is situated. An
17accessory dwelling unit also includes the following:

18(A) An efficiency unit, as defined in Section 17958.1 of Health
19and Safety Code.

20(B) A manufactured home, as defined in Section 18007 of the
21Health and Safety Code.

22(k) Nothing in this section shall be construed to supersede or in
23any way alter or lessen the effect or application of the California
24Coastal Act (Division 20 (commencing with Section 30000) of
25the Public Resources Code), except that the local government shall
26not be required to hold public hearings for coastal development
27permit applications for accessory dwelling units.

28begin insert

begin insertSEC. 5.5.end insert  

end insert

begin insertSection 65852.2 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
29to read:end insert

30

65852.2.  

(a) (1) begin deleteAny end deletebegin insertA end insertlocal agency may, by ordinance,
31provide for the creation ofbegin delete secondend deletebegin insert accessory dwellingend insert units in
32single-family and multifamily residential zones. The ordinance
33begin delete may do anyend deletebegin insert shall do allend insert of the following:

34(A) Designate areas within the jurisdiction of the local agency
35wherebegin delete secondend deletebegin insert accessory dwellingend insert units may be permitted. The
36designation of areas may be based on criteria, that may include,
37but are not limited to, the adequacy of water and sewer services
38and the impact ofbegin delete secondend deletebegin insert accessory dwellingend insert units on trafficbegin delete flow.end delete
39
begin insert flow and public safety.end insert

P18   1(B) begin insert(i)end insertbegin insertend insertImpose standards onbegin delete secondend deletebegin insert accessory dwellingend insert units
2that include, but are not limited to, parking, height, setback, lot
3coverage,begin insert landscape,end insert architectural review, maximum size of a unit,
4and standards that prevent adverse impacts on any real property
5that is listed in the California Register of Historic Places.

begin insert

6
(ii) Notwithstanding clause (i), a local agency may reduce or
7eliminate parking requirements for any accessory dwelling unit
8located within its jurisdiction.

end insert

9(C) Provide thatbegin delete secondend deletebegin insert accessory dwellingend insert units do not exceed
10the allowable density for the lot upon which thebegin delete secondend deletebegin insert accessory
11dwellingend insert
unit is located, and thatbegin delete secondend deletebegin insert accessory dwellingend insert units
12are a residential use that is consistent with the existing general
13plan and zoning designation for the lot.

begin insert

14
(D) Require the accessory dwelling units to comply with all of
15the following:

end insert
begin insert

16
(i) The unit is not intended for sale separate from the primary
17residence and may be rented.

end insert
begin insert

18
(ii) The lot is zoned for single-family or multifamily use and
19contains an existing, single-family dwelling.

end insert
begin insert

20
(iii) The accessory dwelling unit is either attached to the existing
21dwelling or located within the living area of the existing dwelling
22or detached from the existing dwelling and located on the same
23lot as the existing dwelling.

end insert
begin insert

24
(iv) The increased floor area of an attached accessory dwelling
25unit shall not exceed 50 percent of the existing living area, with a
26maximum increase in floor area of 1,200 square feet.

end insert
begin insert

27
(v) The total area of floorspace for a detached accessory
28dwelling unit shall not exceed 1,200 square feet.

end insert
begin insert

29
(vi) No passageway shall be required in conjunction with the
30construction of an accessory dwelling unit.

end insert
begin insert

31
(vii) No setback shall be required for an existing garage that is
32converted to a accessory dwelling unit, and a setback of no more
33than five feet from the side and rear lot lines shall be required for
34an accessory dwelling unit that is constructed above a garage.

end insert
begin insert

35
(viii) Local building code requirements that apply to detached
36dwellings, as appropriate.

end insert
begin insert

37
(ix) Approval by the local health officer where a private sewage
38disposal system is being used, if required.

end insert
begin insert

39
(x) (I) Parking requirements for accessory dwelling units shall
40not exceed one parking space per unit or per bedroom. These
P19   1spaces may be provided as tandem parking on an existing
2driveway.

end insert
begin insert

3
(II) Off­street parking shall be permitted in setback areas in
4locations determined by the local agency or through tandem
5parking, unless specific findings are made that parking in setback
6areas or tandem parking is not feasible based upon specific site
7or regional topographical or fire and life safety conditions, or that
8it is not permitted anywhere else in the jurisdiction.

end insert
begin insert

9
(III) This clause shall not apply to a unit that is described in
10subdivision (d).

end insert
begin insert

11
(xi) When a garage, carport, or covered parking structure is
12demolished in conjunction with the construction of an accessory
13dwelling unit, and the local agency requires that those off­street
14parking spaces be replaced, the replacement spaces may be located
15in any configuration on the same lot as the accessory dwelling
16unit, including, but not limited to, as covered spaces, uncovered
17spaces, or tandem spaces, or by the use of mechanical automobile
18parking lifts. This clause shall not apply to a unit that is described
19in subdivision (d).

end insert

20(2) The ordinance shall not be considered in the application of
21any local ordinance, policy, or program to limit residential growth.

22(3) When a local agency receives its first application on or after
23July 1, 2003, for a permit pursuant to this subdivision, the
24application shall be considered ministerially without discretionary
25review or a hearing, notwithstanding Section 65901 or 65906 or
26any local ordinance regulating the issuance of variances or special
27usebegin delete permits. Nothing in this paragraph may be construed to require
28a local government to adopt or amend an ordinance for the creation
29of second units.end delete
begin insert permits, within 120 days after receiving the
30application.end insert
A local agency may charge a fee to reimburse it for
31costs that it incurs as a result of amendments to this paragraph
32enacted during the 2001-02 Regular Session of the Legislature,
33including the costs of adopting or amending any ordinance that
34provides for the creation ofbegin delete second units.end deletebegin insert an accessory dwelling
35unit.end insert

begin delete

36(b) (1) When a local agency which has not adopted an ordinance
37governing second units in accordance with subdivision (a) or (c)
38receives its first application on or after July 1, 1983, for a permit
39pursuant to this subdivision, the local agency shall accept the
40application and approve or disapprove the application ministerially
P20   1without discretionary review pursuant to this subdivision unless
2it adopts an ordinance in accordance with subdivision (a) or (c)
3within 120 days after receiving the application. Notwithstanding
4Section 65901 or 65906, every local agency shall grant a variance
5or special use permit for the creation of a second unit if the second
6unit complies with all of the following:

end delete
begin delete

7(A) The unit is not intended for sale and may be rented.

end delete
begin delete

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

end delete
begin delete

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

end delete
begin delete

10(D) The second unit is either attached to the existing dwelling
11and located within the living area of the existing dwelling or
12detached from the existing dwelling and located on the same lot
13as the existing dwelling.

end delete
begin delete

14(E) The increased floor area of an attached second unit shall
15not exceed 30 percent of the existing living area.

end delete
begin delete

16(F) The total area of floorspace for a detached second unit shall
17not exceed 1,200 square feet.

end delete
begin delete

18(G) Requirements relating to height, setback, lot coverage,
19architectural review, site plan review, fees, charges, and other
20zoning requirements generally applicable to residential construction
21in the zone in which the property is located.

end delete
begin delete

22(H) Local building code requirements which apply to detached
23dwellings, as appropriate.

end delete
begin delete

24(I) Approval by the local health officer where a private sewage
25disposal system is being used, if required.

end delete
begin insert

26
(4) An existing ordinance governing the creation of an accessory
27dwelling unit by a local agency or an accessory dwelling ordinance
28adopted by a local agency subsequent to the effective date of the
29act adding this paragraph shall provide an approval process that
30includes only ministerial provisions for the approval of accessory
31dwelling units and shall not include any discretionary processes,
32provisions, or requirements for those units, except as otherwise
33provided in this subdivision. In the event that a local agency has
34an existing accessory dwelling unit ordinance that fails to meet
35the requirements of this subdivision, that ordinance shall be null
36and void upon the effective date of the act adding this paragraph
37and that agency shall thereafter apply the standards established
38in this subdivision for the approval of accessory dwelling units,
39unless and until the agency adopts an ordinance that complies
40with this section.

end insert
begin delete

P21   1(2)

end delete

2begin insert(5)end insert No other local ordinance, policy, or regulation shall be the
3basis for the denial of a building permit or a use permit under this
4subdivision.

begin delete

5(3)

end delete

6begin insert(6)end insert This subdivision establishes the maximum standards that
7local agencies shall use to evaluatebegin insert aend insert proposedbegin delete second units on
8lotsend delete
begin insert accessory dwelling unit on a lotend insert zoned for residential usebegin delete which
9containend delete
begin insert that containsend insert an existing single-family dwelling. No
10additional standards, other than those provided in thisbegin delete subdivision
11or subdivision (a),end delete
begin insert subdivision,end insert shall be utilized or imposed, except
12that a local agency may require an applicant for a permit issued
13pursuant to this subdivision to be anbegin delete owner-occupant.end delete
14
begin insert owner-occupant or that the property be used for rentals of terms
15longer than 30 days.end insert

begin delete

16(4) No changes in zoning ordinances or other ordinances or any
17changes in the general plan shall be required to implement this
18subdivision. Any

end delete

19begin insert(7)end insertbegin insertend insertbegin insertAend insert local agency may amend its zoning ordinance or general
20plan to incorporate the policies, procedures, or other provisions
21applicable to the creation ofbegin delete second unitsend deletebegin insert an accessory dwelling
22unitend insert
if these provisions are consistent with the limitations of this
23subdivision.

begin delete

24(5) A second unit which conforms to the requirements of

end delete

25begin insert(8)end insertbegin insertend insertbegin insertAn accessory dwelling unit that conforms toend insert this subdivision
26shallbegin insert be deemed to be an accessory use or an accessory building
27and shallend insert
not be considered to exceed the allowable density for
28the lot upon which it is located, and shall be deemed to be a
29residential usebegin delete whichend deletebegin insert thatend insert is consistent with the existing general
30plan and zoning designations for the lot. Thebegin delete second unitsend delete
31begin insert accessory dwelling unitend insert shall not be considered in the application
32of any local ordinance, policy, or program to limit residential
33growth.

begin delete

34(c) No local agency shall adopt an ordinance which totally
35precludes second units within single-family or multifamily zoned
36areas unless the ordinance contains findings acknowledging that
37the ordinance may limit housing opportunities of the region and
38further contains findings that specific adverse impacts on the public
39health, safety, and welfare that would result from allowing second
P22   1units within single-family and multifamily zoned areas justify
2adopting the ordinance.

end delete
begin insert

3
(b) When a local agency that has not adopted an ordinance
4governing accessory dwelling units in accordance with subdivision
5(a) receives its first application on or after July 1, 1983, for a
6permit to create an accessory dwelling unit pursuant to this
7subdivision, the local agency shall accept the application and
8approve or disapprove the application ministerially without
9discretionary review pursuant to subdivision (a) within 120 days
10after receiving the application.

end insert
begin delete

11(d)

end delete

12begin insert(c)end insert A local agency may establish minimum and maximum unit
13size requirements for both attached and detachedbegin delete secondend deletebegin insert accessory
14dwellingend insert
units. No minimum or maximum size forbegin delete a secondend deletebegin insert an
15accessory dwellingend insert
unit, or size based upon a percentage of the
16existing dwelling, shall be established by ordinance for either
17attached or detached dwellingsbegin delete whichend deletebegin insert thatend insert does not permit at least
18an efficiency unit to be constructed in compliance with local
19development standards.begin insert Accessory dwelling units shall not be
20required to provide fire sprinklers if they are not required for the
21primary residence.end insert

begin delete

22(e) Parking requirements for second units shall not exceed one
23parking space per unit or per bedroom. Additional parking may
24be required provided that a finding is made that the additional
25parking requirements are directly related to the use of the second
26unit and are consistent with existing neighborhood standards
27applicable to existing dwellings. Off-street parking shall be
28permitted in setback areas in locations determined by the local
29agency or through tandem parking, unless specific findings are
30made that parking in setback areas or tandem parking is not feasible
31based upon specific site or regional topographical or fire and life
32safety conditions, or that it is not permitted anywhere else in the
33jurisdiction.

end delete

34
begin insert(d)end insertbegin insertend insertbegin insertNotwithstanding any other law, a local agency, whether or
35not it has adopted an ordinance governing accessory dwelling
36units in accordance with subdivision (a), shall not impose parking
37standards for an accessory dwelling unit in any of the following
38instances:end insert

begin insert

39
(1) The accessory dwelling unit is located within one-half mile
40of public transit.

end insert
begin insert

P23   1
(2) The accessory dwelling unit is located within an
2architecturally and historically significant historic district.

end insert
begin insert

3
(3) The accessory dwelling unit is part of the existing primary
4residence or an existing accessory structure.

end insert
begin insert

5
(4) When on-street parking permits are required but not offered
6to the occupant of the accessory dwelling unit.

end insert
begin insert

7
(5) When there is a car share vehicle located within one block
8of the accessory dwelling unit.

end insert
begin insert

9
(e) Notwithstanding subdivisions (a) to (d), inclusive, a local
10agency shall ministerially approve an application for a building
11permit to create within a single-family residential zone one
12accessory dwelling unit per single-family lot if the unit is contained
13within the existing space of a single-family residence or accessory
14structure, has independent exterior access from the existing
15residence, and the side and rear setbacks are sufficient for fire
16safety. Accessory dwelling units shall not be required to provide
17fire sprinklers if they are not required for the primary residence.

end insert

18(f) begin insert(1)end insertbegin insertend insertFees charged for the construction ofbegin delete secondend deletebegin insert accessory
19dwellingend insert
units shall be determined in accordance with Chapter 5
20(commencing with Sectionbegin delete 66000).end deletebegin insert 66000) and Chapter 7
21(commencing with Section 66012).end insert

begin insert

22
(2) Accessory dwelling units shall not be considered new
23residential uses for the purposes of calculating local agency
24connection fees or capacity charges for utilities, including water
25and sewer service.

end insert
begin insert

26
(A) For an accessory dwelling unit described in subdivision (e),
27a local agency shall not require the applicant to install a new or
28separate utility connection directly between the accessory dwelling
29unit and the utility or impose a related connection fee or capacity
30charge.

end insert
begin insert

31
(B) For an accessory dwelling unit that is not described in
32 subdivision (e), a local agency may require a new or separate
33utility connection directly between the accessory dwelling unit and
34the utility. Consistent with Section 66013, the connection may be
35subject to a connection fee or capacity charge that shall be
36proportionate to the burden of the proposed accessory dwelling
37unit, based upon either its size or the number of its plumbing
38fixtures, upon the water or sewer system. This fee or charge shall
39not exceed the reasonable cost of providing this service.

end insert

P24   1(g) This section does not limit the authority of local agencies
2to adopt less restrictive requirements for the creation ofbegin delete second
3units.end delete
begin insert an accessory dwelling unit.end insert

4(h) Local agencies shall submit a copy of thebegin delete ordinancesend delete
5begin insert ordinanceend insert adopted pursuant to subdivision (a)begin delete or (c)end delete to the
6Department of Housing and Community Development within 60
7days after adoption.

8(i) As used in this section, the following terms mean:

9(1) “Livingbegin delete area,”end deletebegin insert area”end insert means the interior habitable area of a
10dwelling unit including basements and attics but does not include
11a garage or any accessory structure.

12(2) “Local agency” means a city, county, or city and county,
13whether general law or chartered.

14(3) For purposes of this section, “neighborhood” has the same
15meaning as set forth in Section 65589.5.

16(4) begin delete“Second end deletebegin insert“Accessory dwellingend insert unit” means an attached or a
17detached residential dwelling unit which provides complete
18independent living facilities for one or more persons. It shall
19include permanent provisions for living, sleeping, eating, cooking,
20and sanitation on the same parcel as the single-family dwelling is
21situated.begin delete A secondend deletebegin insert An accessory dwellingend insert unit also includes the
22following:

23(A) An efficiency unit, as defined in Section 17958.1 of Health
24and Safety Code.

25(B) A manufactured home, as defined in Section 18007 of the
26Health and Safety Code.

begin insert

27
(5) “Passageway” means a pathway that is unobstructed clear
28to the sky and extends from a street to one entrance of the
29accessory dwelling unit.

end insert

30(j) Nothing in this section shall be construed to supersede or in
31any way alter or lessen the effect or application of the California
32Coastal Act (Division 20 (commencing with Section 30000) of
33the Public Resources Code), except that the local government shall
34not be required to hold public hearings for coastal development
35permit applications forbegin delete secondend deletebegin insert accessory dwellingend insert units.

36

SEC. 6.  

Section 66412.2 of the Government Code is amended
37to read:

38

66412.2.  

This division shall not apply to the construction,
39financing, or leasing of dwelling units pursuant to Section 65852.1
40or accessory dwelling units pursuant to Section 65852.2, but this
P25   1division shall be applicable to the sale or transfer, but not leasing,
2of those units.

3begin insert

begin insertSEC. 7.end insert  

end insert
begin insert

Section 5.5 of this bill incorporates amendments to
4Section 65852.2 of the Government Code proposed by both this
5bill and Assembly Bill 2299. It shall only become operative if (1)
6both bills are enacted and become effective on or before January
71, 2017, (2) each bill amends Section 65852.2 of the Government
8Code, and (3) this bill is enacted after Assembly Bill 2299, in which
9case Section 5 of this bill shall not become operative.

end insert
10

begin deleteSEC. 7.end delete
11
begin insertSEC. 8.end insert  

No reimbursement is required by this act pursuant to
12Section 6 of Article XIII B of the California Constitution because
13a local agency or school district has the authority to levy service
14charges, fees, or assessments sufficient to pay for the program or
15level of service mandated by this act, within the meaning of Section
1617556 of the Government Code.



O

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