CC - Item 6D - Possible Opposistion to Senate Bill 1069 s E M
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4. ROSEMEAD CITY COUNCIL
s�� STAFF REPORT
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TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: BILL R. MANIS, CITY MANAGER 6q_,
DATE: SEPTEMBER 27. 2016
SUBJECT: POSSIBLE OPPOSITION TO SENATE BILL 1069 (REQUESTED BY
COUNCILMEMBER CLARK)
SUMMARY
This item is presented to the City Council at the request of Councilmember Clark. Please see a
proposed draft letter of opposition (Attachment A) and the language for Senate Bill (SB) 1069
(Attachment B).
STAFF RECOMMENDATION
Discuss and provide direction to staff
FISCAL IMPACT -None
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process.
Prepared by:
At,
Marc Donohue, City Clerk
Attachment A: Draft Letter of Opposition—City of Rosemead
Attachment B: SB 1069 Language
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Attachment A
Draft Letter of Opposition — City of Rosemead
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MARGARET CLARK FAX 1026)307-9218
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September 27,2016
The Honorable Edmund G. Brown, Jr.
Governor, State of California
State Capitol, First Floor
Sacramento, CA 95814
Via FAX: (916) 558-3177
RE: SB 1069 (Wieckowski) Land Use: Zoning
As Amended 8/25/16
Request for Veto
Dear Governor Brown:
The City of Rosemead respectfully requests your veto of Senate Bill 1069 (Wieckowski). This
measure would restrict a local agency's ability to impose requirements on second units (renamed
"accessory dwelling units" or ADCs).
This measure contains provisions that remain unworkable for local agencies, and is overly
intrusive into local land use decisions and will cause an array of parking and transit concerns for
communities and limit water and sewer connection and capacity fees.
SB 1069 limits the ability of cities to impose certain standards on accessory dwelling units.
Specifically, provisions of significant concern would:
• Prohibit local agencies from imposing parking standards on units that meet certain
conditions:
1. Located within one-half mile of"public transit" (which is undefined).
2. Located within an architecturally and historically significant district.
3. Part of the existing primary residence.
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.
• Places confusing restrictions on the water and sewer connection and capacity fees that
will require re-calculation of existing fees.
There is no arguing that California has a housing problem. Rent and housing costs continue to
increase and California's affordable housing stock is not sufficient to meet the needs of the
state's residents, especially in some of the most congested areas. California needs more policies
that provide affordable housing funding such as the League supported No Place Like Home
program. We recognize that laws need to be refined as the times and needs in our communities
change. The League was successful in working out issues in two other second unit bills: AB
2299 (Bloom) and AB 2406 (Thurmond). These measures advance policies on second units in
ways that continue to preserve sufficient flexibility for local agencies.
Many varied conditions exist at the local level. Local governments must balance competing
priorities when determining the conditions attached to the development of accessory dwelling
units. Working with residents of our communities, cities must look at the potential impacts on
the community that result from these units, such as, impaired neighborhood character, spillover
effects on nearby homes and businesses due to inadequate parking and loss of privacy for
existing homeowners. Furthermore, parking requirements should remain a local issue and reflect
community conditions. A state law that micromanages how second units are to be approved
including local parking ordinances is bound to cause unintended consequences, including future
community opposition to development.
For these reasons, City of Rosemead respectfully requests your veto of this measure.
Sincerely.
Sandra Armenta
Mayor
Cc: Senator Bob Wieckowski
Graciela Castillo-Krings, Deputy Legislative Secretary,Office of Governor Edmund G. Brown
Jennifer Quan. League of California Cities, iauanacacities.orz
Meg Desmond. League of California Cities, mdesmond(ilcacities.yrg
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CIVIC PRIDE
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Attachment B
SB 1069 Language
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 BILL No. 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
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SB 1069 —2—
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.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
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The people of the State of California do enact as follows:
I SECTION I. Section 65582.1 of the Government Code is
2 amended to read:
3 65582.1. The Legislature finds and declares that it has provided
4 reforms and incentives to facilitate and expedite the construction
5 of affordable housing.Those reforms and incentives can be found
6 in the following provisions:
7 (a) Housing element law- (Article 10.6 (commencing with
8 Section 65580)of Chapter 3).
9 (b) Extension of statute of limitations in actions challenging the
10 housing 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
15 sewer 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
20 designated a permitted use(Section 65589.4).
21 (i) No-net-loss-in zoning density law limiting downzonings and
22 density reductions (Section 65863).
23 (j) Requiring persons who sue to halt affordable housing to pay
24 attorney fees(Section 65914)or post a bond(Section 529.2 of the
25 Code of Civil Procedure).
26 (k) Reduced time for action on affordable housing applications
27 under the approval of development permits process (Article 5
28 (commencing with Section 65950)of Chapter 4.5).
29 (/) Limiting moratoriums on multifamily housing (Section
30 65858).
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
36 Section 33000)of Division 24 of the Health and Safety Code,and
37 in particular Sections 33334.2 and 33413).
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1 SEC.2. Section 65583.1 of the Government Code is amended
2 to read:
3 65583.1. (a) The Department of Housing and Community
4 Development,in evaluating a proposed or adopted housing element
5 for substantial compliance with this article, may allow a city or
6 county to identify adequate sites, as required pursuant to Section
7 65583, by a variety of methods, including, but not limited to,
8 redesignation of property to a more intense land use category and
9 increasing the density allowed within one or more categories.The
10 department may also allow a city or county to identify sites for
11 accessory dwelling units based on the number of accessory
12 dwelling units developed in the prior housing element planning
13 period whether or not the units are permitted by right,the need for
14 these units in the community,the resources or incentives available
t 5 for their development,and any other relevant factors,as determined
16 by the department.Nothing in this section reduces the responsibility
17 of a city or county to identify,by income category,the total number
18 of sites for residential development as required by this article.
19 (b) Sites that contain permanent housing units located on a
20 military base undergoing closure or conversion as a result of action
21 pursuant to the Defense Authorization Amendments and Base
22 Closure and Realignment Act(Public Law 100-526),the Defense
23 Base Closure and Realignment Act of 1990(Public Law 101-510),
24 or any subsequent act requiring the closure or conversion of a
25 military base may be identified as an adequate site if the housing
26 element demonstrates that the housing units will be available for
27 occupancy by households within the planning period of the
28 element. No sites containing housing units scheduled or planned
29 for demolition or conversion to nonresidential uses shall qualify
30 as an adequate site.
31 Any city, city and county, or county using this subdivision shall
32 address the progress in meeting this section in the reports provided
33 pursuant to paragraph (1) of subdivision(b) of Section 65400.
34 (c) (1) The Department of Housing and Community
35 Development may allow a city or county to substitute the provision
36 of units for up to 25 percent of the community's obligation to
37 identify adequate sites for any income category in its housing
38 element pursuant to paragraph (1) of subdivision (c) of Section
39 65583 where the community includes in its housing clement a
40 program committing the local government to provide units in that
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1 income category within the city or county that will be made
2 available through the provision of committed assistance during
3 the planning period covered by the element to low-and very low
4 income households at affordable housing costs or affordable rents,
5 as defined in Sections 50052.5 and 50053 of the Health and Safety
6 Code, and which meet the requirements of paragraph (2). Except
7 as otherwise provided in this subdivision, the community may
8 substitute one dwelling unit for one dwelling unit site in the
9 applicable income category. The program shall do all of the
10 following:
II (A) Identify the specific, existing sources of committed
12 assistance and dedicate a specific portion of the funds from those
13 sources to the provision of housing pursuant to this subdivision.
14 (B) Indicate the number of units that will be provided to both
15 low- and very low income households and demonstrate that the
16 amount of dedicated funds is sufficient to develop the units at
17 affordable housing costs or affordable rents.
18 (C) Demonstrate that the units meet the requirements of
19 paragraph (2).
20 (2) Only units that comply with subparagraph (A), (B), or (C)
21 qualify for inclusion in the housing clement program described in
22 paragraph(1), as follows:
23 (A) Units that are to be substantially rehabilitated with
24 committed assistance from the city or county and constitute a net
25 increase in the community's stock of housing affordable to low-
26 and very low income households. For purposes of this
27 subparagraph, a unit is not eligible to be "substantially
28 rehabilitated" unless all of the following requirements are met:
29 (i) At the time the unit is identified for substantial rehabilitation,
30 (1)the local government has determined that the unit is at imminent
31 risk of loss to the housing stock, (II) the local government has
32 committed to provide relocation assistance pursuant to Chapter 16
33 (commencing with Section 7260) of Division 7 of Title 1 to any
34 occupants temporarily or permanently displaced by the
35 rehabilitation or code enforcement activity, or the relocation is
36 otherwise provided prior to displacement either as a condition of
37 receivership, or provided by the property owner or the local
38 government pursuant to Article 2.5 (commencing with Section
39 17975) of Chapter 5 of Part 1.5 of Division 13 of the Health and
40 Safety Code,or as otherwise provided by local ordinance;provided
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1 the assistance includes not less than the equivalent of four months'
2 rent and moving expenses and comparable replacement housing
3 consistent with the moving expenses and comparable replacement
4 housing required pursuant to Section 7260, (III) the local
5 government requires that any displaced occupants will have the
6 right to reoccupy the rehabilitated units,and(IV)the unit has been
7 found by the local government or a court to be unfit for human
8 habitation due to the existence of at least four violations of the
9 conditions listed in subdivisions (a) to (g), inclusive, of Section
10 17995.3 of the Health and Safety Code.
l I (ii) The rehabilitated unit will have long-term affordability
12 covenants and restrictions that require the unit to be available to,
13 and occupied by, persons or families of low- or very low income
14 at affordable housing costs for at least 20 years or the time period
15 required by any applicable federal or state law or regulation.
16 (iii) Prior to initial occupancy after rehabilitation,the local code
17 enforcement agency shall issue a certificate of occupancy indicating
18 compliance with all applicable state and local building code and
19 health and safety code requirements.
20 (B) Units that are located either on foreclosed property or in a
21 multifamily rental or ownership housing complex of three or more
22 units, are converted with committed assistance from the city or
23 county from nonaffordable to affordable by acquisition of the unit
24 or the purchase of affordability covenants and restrictions for the
25 unit, arc not acquired by eminent domain, and constitute a net
26 increase in the community's stock of housing affordable to low-
27 and very low income households. For purposes of this
28 subparagraph,a unit is not converted by acquisition or the purchase
29 of affordability covenants unless all of the following occur:
30 (i) The unit is made available for rent at a cost affordable to
31 low- or very low income households.
32 (ii) At the time the unit is identified for acquisition, the unit is
33 not available at an affordable housing cost to either of the
34 following:
35 (I) Low-income households,if the unit will be made affordable
36 to low-income households.
37 (II) Very low income households, if the unit will be made
38 affordable to very low income households.
39 (iii) At the time the unit is identified for acquisition the unit is
40 not occupied by low- or very low income households or if the
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I acquired unit is occupied,the local government has committed to
2 provide relocation assistance prior to displacement,if any,pursuant
3 to Chapter 16 (commencing with Section 7260) of Division 7 of
4 Title 1 to any occupants displaced by the conversion, or the
5 relocation is otherwise provided prior to displacement; provided
6 the assistance includes not less than the equivalent of four months'
7 rent and moving expenses and comparable replacement housing
8 consistent with the moving expenses and comparable replacement
9 housing required pursuant to Section 7260.
10 (iv) The unit is in decent, safe, and sanitary condition at the
11 time of occupancy.
12 (v) The unit has long-term affordability covenants and
13 restrictions that require the unit to be affordable to persons of low-
14 or very low income for not less than 55 years.
15 (vi) For units located in multifamily ownership housing
16 complexes with three or more units,or on or after January 1,2015,
17 on foreclosed properties, at least an equal number of
18 new-construction multifamily rental units affordable to lower
19 income households have been constructed in the city or county
20 within the same planning period as the number of ownership units
21 to be converted.
22 (C) Units that will be preserved at affordable housing costs to
23 persons or families of low- or very low incomes with committed
24 assistance from the city or county by acquisition of the unit or the
25 purchase of affordability covenants for the unit. For purposes of
26 this subparagraph, a unit shall not be deemed preserved unless all
27 of the following occur:
28 (i) The unit has long-term affordability covenants and
29 restrictions that require the unit to be affordable to, and reserved
30 for occupancy by, persons of the same or lower income group as
31 the current occupants for a period of at least 40 years.
32 (ii) The unit is within an "assisted housing development," as
33 defined in paragraph (3) of subdivision (a)of Section 65863.10.
34 (iii) The city or county finds,after a public hearing,that the unit
35 is eligible, and is reasonably expected, to change from housing
36 affordable to low- and very low income households to any other
37 use during the next five years due to termination of subsidy
38 contracts, mortgage prepayment, or expiration of restrictions on
39 use.
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I (iv) The unit is in decent, safe, and sanitary condition at the
2 time of occupancy.
3 (v) At the time the unit is identified for preservation it is
4 available at affordable cost to persons or families of low- or very
5 low income.
6 (3) This subdivision does not apply to any city or county that,
7 during the current or immediately prior planning period,as defined
8 by Section 65588,has not met any of its share of the regional need
9 for affordable housing, as defined in Section 65584, for low- and
10 very low income households.A city or county shall document for
11 any housing unit that a building permit has been issued and all
12 development and permit fees have been paid or the unit is eligible
13 to be lawfully occupied.
14 (4) For purposes of this subdivision, "committed assistance"
15 means that the city or county enters into a legally enforceable
16 agreement during the period from the beginning of the projection
17 period until the end of the second year of the planning period that
18 obligates sufficient available funds to provide the assistance
19 necessary to make the identified units affordable and that requires
20 that the units be made available for occupancy within two years
21 of the execution of the agreement. "Committed assistance" does
22 not include tenant-based rental assistance.
23 (5) For purposes of this subdivision, "net increase" includes
24 only housing units provided committed assistance pursuant to
25 subparagraph (A) or(B) of paragraph (2) in the current planning
26 period, as defined in Section 65588, that were not provided
27 committed assistance in the immediately prior planning period.
28 (6) For purposes of this subdivision, "the time the unit is
29 identified"means the earliest time when any city or county agent,
30 acting on behalf of a public entity, has proposed in writing or has
31 proposed orally or in writing to the property owner, that the unit
32 be considered for substantial rehabilitation, acquisition, or
33 preservation.
34 (7) In the third year of the planning period,as defined by Section
35 65588, in the report required pursuant to Section 65400,each city
36 or county that has included in its housing element a program to
37 provide units pursuant to subparagraph (A), (B), or (C) of
38 paragraph (2) shall report in writing to the legislative body, and
39 to the department within 30 days of making its report to the
40 legislative body,on its progress in providing units pursuant to this
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1 subdivision. The report shall identify the specific units for which
2 committed assistance has been provided or which have been made
3 available to low- and very low income households, and it shall
4 adequately document how each unit complies with this subdivision.
5 If, by July 1 of the third year of the planning period, the city or
6 county has not entered into an enforceable agreement of committed
7 assistance for all units specified in the programs adopted pursuant
8 to subparagraph(A),(B),or(C)of paragraph(2),the city or county
9 shall,not later than July I of the fourth year of the planning period,
10 adopt an amended housing element in accordance with Section
11 65585,identifying additional adequate sites pursuant to paragraph
12 (1)of subdivision(c)of Section 65583 sufficient to accommodate
13 the number of units for which committed assistance was not
14 provided. If a city or county does not amend its housing element
15 to identify adequate sites to address any shortfall, or fails to
16 complete the rehabilitation, acquisition, purchase of affordability
17 covenants,or the preservation of any housing unit within two years
18 after committed assistance was provided to that unit, it shall be
19 prohibited from identifying units pursuant to subparagraph (A),
20 (B), or(C) of paragraph (2) in the housing element that it adopts
21 for the next planning period, as defined in Section 65588, above
22 the number of units actually provided or preserved due to
23 committed assistance.
24 (d) A city or county may reduce its share of the regional housing
25 need by the number of units built between the start of the projection
26 period and the deadline for adoption of the housing element. If the
27 city or county reduces its share pursuant to this subdivision, the
28 city or county shall include in the housing element a description
29 of the methodology for assigning those housing units to an income
30 category based on actual or projected sales price, rent levels, or
31 other mechanisms establishing affordability.
32 SEC. 3. Section 65589.4 of the Government Code is amended
33 to read:
34 65589.4. (a) An attached housing development shall be a
35 permitted use not subject to a conditional use permit on any parcel
36 zoned for an attached housing development if local law so provides
37 or if it satisfies the requirements of subdivision (b) and either of
38 the following:
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1 (I) The attached housing development satisfies the criteria of
2 Section 21159.22,21159.23,or 21 159.24 of the Public Resources
3 Code.
4 (2) The attached housing development meets all of the following
5 criteria:
6 (A) The attached housing development is subject to a
7 discretionary decision other than a conditional use permit and a
8 negative declaration or mitigated negative declaration has been
9 adopted for the attached housing development under the California
10 Environmental Quality Act(Division 13(commencing with Section
I I 21000)of the Public Resources Code).If no public hearing is held
12 with respect to the discretionary decision, then the negative
13 declaration or mitigated negative declaration for the attached
14 housing development may be adopted only after a public hearing
15 to receive comments on the negative declaration or mitigated
16 negative declaration.
17 (B) The attached housing development is consistent with both
18 the jurisdiction's zoning ordinance and general plan as it existed
19 on the date the application was deemed complete, except that an
20 attached housing development shall not be deemed to be
21 inconsistent with the zoning designation for the site if that zoning
22 designation is inconsistent with the general plan only because the
23 attached housing development site has not been rezoned to conform
24 with the most recent adopted general plan.
25 (C) The attached housing development is located in an area that
26 is covered by one of the following documents that has been adopted
27 by the jurisdiction within five years of the date the application for
28 the 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
31 the land use and circulation elements.
32 (iii) An applicable community plan.
33 (iv) An applicable specific plan.
34 (ID) The attached housing development consists of not more
35 than 100 residential units with a minimum density of not less than
36 12 units per acre or a minimum density of not less than eight units
37 per acre if the attached housing development consists of four or
38 fewer units.
39 (E) The attached housing development is located in an urbanized
40 area as defined in Section 21071 of the Public Resources Code or
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1 within a census-defined place with a population density of at least
2 5,000 persons per square mile or, if the attached housing
3 development consists of 50 or fewer units, within an incorporated
4 city with a population density of at least 2,500 persons per square
5 mile and a total population of at least 25,000 persons.
6 (F) The attached housing development is located on an infill
7 site 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
9 development shall be available at affordable housing cost to very
10 low income households,as defined in Section 50105 of the Health
11 and Safety Code, or at least 20 percent of the units of the attached
12 housing development shall be available at affordable housing cost
13 to lower income households, as defined in Section 50079.5 of the
14 Health and Safety Code, or at least 50 percent of the units of the
15 attached housing development available at affordable housing cost
16 to moderate-income households, consistent with Section 50052.5
17 of the Health and Safety Code. The developer of the attached
18 housing development shall provide sufficient legal commitments
19 to the local agency to ensure the continued availability and use of
20 the housing units for very low, low-, or moderate-income
21 households for a period of at least 30 years.
22 (c) Nothing in this section shall prohibit a local agency from
23 applying design and site review standards in existence on the date
24 the application was deemed complete.
25 (d) The provisions of this section are independent of any
26 obligation of a jurisdiction pursuant to subdivision (c)of Section
27 65583 to identify multifamily sites developable by right.
28 (e) This section does not apply to the issuance of coastal
29 development permits pursuant to the California Coastal Act
30 (Division 20 (commencing with Section 30000) of the Public
31 Resources Code).
32 (0 This section does not relieve a public agency from complying
33 with the California Environmental Quality Act (Division 13
34 (commencing with Section 21000)of the Public Resources Code)
35 or relieve an applicant or public agency from complying with the
36 Subdivision Map Act (Division 2 (commencing with Section
37 66473)).
38 (g) This section is applicable to all cities and counties,including
39 charter cities, because the Legislature finds that the lack of
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1 affordable housing is of vital statewide importance, and thus a
2 matter of statewide concern.
3 (h) For purposes of this section,"attached housing development"
4 means a newly constructed or substantially rehabilitated structure
5 containing two or more dwelling units and consisting only of
6 residential units,but does not include an accessory dwelling unit,
7 as defined by paragraph(4)of subdivision(j)of Section 65852.2,
8 or the conversion of an existing structure to condominiums.
9 SEC.4. Section 65852.150 of the Government Code is amended
10 to read:
11 65852.150. (a) The Legislature finds and declares all of the
12 following:
13 (1) Accessory dwelling units are a valuable form of housing in
14 California.
15 (2) Accessory dwelling units provide housing for family
16 members,students,the elderly,in-home health care providers,the
17 disabled, and others, at below market prices within existing
18 neighborhoods.
19 (3) Homeowners who create accessory dwelling units benefit
20 from added income, and an increased sense of security.
21 (4) Allowing accessory dwelling units in single-family or
22 multifamily residential zones provides additional rental housing
23 stock in California.
24 (5) California faces a severe housing crisis.
25 (6) The state is falling far short of meeting current and future
26 housing demand with serious consequences for the state's
27 economy, our ability to build green infill consistent with state
28 greenhouse gas reduction goals,and the well-being of our citizens,
29 particularly lower and middle-income earners.
30 (7) Accessory dwelling units offer lower cost housing to meet
31 the needs of existing and future residents within existing
32 neighborhoods, while respecting architectural character.
33 (8) Accessory dwelling units arc, therefore, an essential
34 component of California's housing supply.
35 (b) It is the intent of the Legislature that an accessory dwelling
36 unit ordinance adopted by a local agency has the effect of providing
37 for the creation of accessory dwelling units and that provisions in
38 this ordinance relating to matters including unit size,parking, fees,
39 and other requirements, are not so arbitrary, excessive, or
40 burdensome so as to unreasonably restrict the ability of
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1 homeowners to create accessory dwelling units in zones in which
2 they are authorized by local ordinance.
3 SEC. 5. Section 65852.2 of the Government Code is amended
4 to read:
5 65852.2. (a) (1) A local agency may, by ordinance, provide
6 for the creation of accessory dwelling units in single-family and
7 multifamily residential zones. The ordinance shall do all of the
8 following:
9 (A) Designate areas within the jurisdiction of the local agency
10 where accessory dwelling units may be permitted.The designation
11 of areas may be based on criteria, that may include, but are not
12 limited to,the adequacy of water and sewer services and the impact
13 of accessory dwelling units on traffic flow and public safety.
14 (B) Impose standards on accessory dwelling units that include,
15 but are not limited to, parking, height, setback, lot coverage,
16 architectural review, maximum size of a unit, and standards that
17 prevent adverse impacts on any real property that is listed in the
18 California Register of Historic Places.
19 (C) Provide that accessory dwelling units do not exceed the
20 allowable density for the lot upon which the accessory dwelling
21 unit is located, and that accessory dwelling units are a residential
22 use that is consistent with the existing general plan and zoning
23 designation for the lot.
24 (2) The ordinance shall not be considered in the application of
25 any local ordinance,policy,or program to limit residential growth.
26 (3) When a local agency receives its first application on or after
27 July 1, 2003, for a permit pursuant to this subdivision, the
28 application shall be considered ministerially without discretionary
29 review or a hearing, notwithstanding Section 65901 or 65906 or
30 any local ordinance regulating the issuance of variances or special
31 use permits, within 120 days of submittal of a complete building
32 permit application.A local agency may charge a fee to reimburse
33 it for costs that it incurs as a result of amendments to this paragraph
34 enacted during the 2001-02 Regular Session of the Legislature,
35 including the costs of adopting or amending any ordinance that
36 provides for the creation of accessory dwelling units.
37 (b) (I) When a local agency that has not adopted an ordinance
38 governing accessory dwelling units in accordance with subdivision
39 (a)receives its first application on or after July 1, 1983,for a permit
40 pursuant to this subdivision, the local agency shall accept the
92
SB1069 — 14-
1 application and approve or disapprove the application ministerially
2 without discretionary review pursuant to this subdivision unless
3 it adopts an ordinance in accordance with subdivision (a) within
4 120 days after receiving the application.Notwithstanding Section
5 65901 or 65906, every local agency shall ministerially approve
6 the creation of an accessory dwelling unit if the accessory dwelling
7 unit complies with all of the following:
8 (A) The unit is not intended for sale separate from the primary
9 residence 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
13 dwelling and located within the living area of the existing dwelling
14 or detached from the existing dwelling and located on the same
15 lot as the existing dwelling.
16 (E) The increased floor area of an attached accessory dwelling
17 unit shall not exceed 50 percent of the existing living arca, with a
18 maximum increase in floor area of 1,200 square feet.
19 (F) The total area of floorspace for a detached accessory
20 dwelling unit shall not exceed 1,200 square feet.
21 (G) Requirements relating to height, setback, lot coverage,
22 architectural review, site plan review, fees, charges, and other
23 zoning requirements generally applicable to residential construction
24 in the zone in which the property is located.
25 (H) Local building code requirements that apply to detached
26 dwellings, as appropriate.
27 (I) Approval by the local health officer where a private sewage
28 disposal system is being used, if required.
29 (2) No other local ordinance, policy, or regulation shall be the
30 basis for the denial of a building permit or a use permit under this
31 subdivision.
32 (3) This subdivision establishes the maximum standards that
33 local agencies shall use to evaluate proposed accessory dwelling
34 units on lots zoned for residential use that contain an existing
35 single-family dwelling. No additional standards, other than those
36 provided in this subdivision or subdivision(a), shall be utilized or
37 imposed, except that a local agency may require an applicant for
38 a permit issued pursuant to this subdivision to be an
39 owner-occupant or that the property be used for rentals of terms
40 longer than 30 days.
92
-15— SB 1069
I (4) A local agency may amend its zoning ordinance or general
2 plan to incorporate the policies, procedures, or other provisions
3 applicable to the creation of accessory dwelling units if these
4 provisions are consistent with the limitations of this subdivision.
5 (5) An accessory dwelling unit that conforms to this subdivision
6 shall not be considered to exceed the allowable density for the lot
7 upon which it is located, and shall be deemed to be a residential
8 use that is consistent with the existing general plan and zoning
9 designations for the lot. The accessory dwelling units shall not be
10 considered in the application of any local ordinance, policy, or
11 program to limit residential growth.
12 (c) A local agency may establish minimum and maximum unit
13 size requirements for both attached and detached accessory
14 dwelling units. No minimum or maximum size for an accessory
15 dwelling unit, or size based upon a percentage of the existing
16 dwelling, shall be established by ordinance for either attached or
17 detached dwellings that does not otherwise permit at least an
18 efficiency unit to be constructed in compliance with local
19 development standards. Accessory dwelling units shall not be
20 required to provide fire sprinklers if they are not required for the
21 primary residence.
22 (d) Parking requirements for accessory dwelling units shall not
23 exceed one parking space per unit or per bedroom. These spaces
24 may be provided as tandem parking on an existing driveway.
25 Off-street parking shall be permitted in setback areas in locations
26 determined by the local agency or through tandem parking,unless
27 specific findings are made that parking in setback areas or tandem
28 parking is not feasible based upon fire and life safety conditions.
29 This subdivision shall not apply to a unit that is described in
30 subdivision (e).
31 (c) Notwithstanding any other law, a local agency, whether or
32 not it has adopted an ordinance governing accessory dwelling units
33 in accordance with subdivision (a), shall not impose parking
34 standards for an accessory dwelling unit in any of the following
35 instances:
36 (1) The accessory dwelling unit is located within one-half mile
37 of public transit.
38 (2) The accessory dwelling unit is located within an
39 architecturally and historically significant historic district.
92
SB 1069 —16—
1 (3) The accessory dwelling unit is part of the existing primary
2 residence or an existing accessory structure.
3 (4) When on-street parking permits arc required but not offered
4 to the occupant of the accessory dwelling unit.
5 (5) When there is a car share vehicle located within one block
6 of the accessory dwelling unit.
7 (t) Notwithstanding subdivisions (a) to (e), inclusive, a local
8 agency shall ministerially approve an application for a building
9 permit to create within a single-family residential zone one
10 accessory dwelling unit per single-family lot if the unit is contained
I I within the existing space of a single-family residence or accessory
12 structure, has independent exterior access from the existing
13 residence, and the side and rear setbacks are sufficient for fire
14 safety. Accessory dwelling units shall not be required to provide
15 fire sprinklers if they are not required for the primary residence.
16 (g) (1) Fees charged for the construction of accessory dwelling
17 units shall be determined in accordance with Chapter 5
18 (commencing with Section 66000) and Chapter 7 (commencing
19 with Section 66012).
20 (2) Accessory dwelling units shall not be considered new
21 residential uses for the purposes of calculating local agency
22 connection fees or capacity charges for utilities, including water
23 and sewer service.
24 (A) For an accessory dwelling unit described in subdivision(t),
25 a local agency shall not require the applicant to install a new or
26 separate utility connection directly between the accessory dwelling
27 unit and the utility or impose a related connection fee or capacity
28 charge.
29 (B) For an accessory dwelling unit that is not described in
30 subdivision(t),a local agency may require a new or separate utility
31 connection directly between the accessory dwelling unit and the
32 utility. Consistent with Section 66013, the connection may be
33 subject to a connection fee or capacity charge that shall be
34 proportionate to the burden of the proposed accessory dwelling
35 unit, based upon either its size or the number of its plumbing
36 fixtures, upon the water or sewer system. This fee or charge shall
37 not exceed the reasonable cost of providing this service.
38 (h) This section does not limit the authority of local agencies
39 to adopt less restrictive requirements for the creation of accessory
40 dwelling units.
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— 17— SB1069
I (i) Local agencies shall submit a copy of the ordinances adopted
2 pursuant to subdivision (a) to the Department of Housing and
3 Community 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
6 unit including basements and attics but does not include a garage
7 or any accessory structure.
8 (2) "Local agency" means a city, county, or city and county,
9 whether general law or chartered.
10 (3) For purposes of this section, "neighborhood" has the same
11 meaning as set forth in Section 65589.5.
12 (4) "Accessory dwelling unit"means an attached or a detached
13 residential dwelling unit which provides complete independent
14 living facilities for one or more persons.It shall include permanent
15 provisions for living, sleeping, eating,cooking, and sanitation on
16 the same parcel as the single-family dwelling is situated. An
17 accessory dwelling unit also includes the following:
18 (A) An efficiency unit,as defined in Section 17958.1 of Health
19 and Safety Code.
20 (B) A manufactured home, as defined in Section 18007 of the
21 Health and Safety Code.
22 (k) Nothing in this section shall be construed to supersede or in
23 any way alter or lessen the effect or application of the California
24 Coastal Act (Division 20 (commencing with Section 30000) of
25 the Public Resources Code),except that the local government shall
26 not be required to hold public hearings for coastal development
27 permit applications for accessory dwelling units.
28 SEC. 5.5. Section 65852.2 of the Government Code is amended
29 to read:
30 65852.2. (a) (1) Any A local agency may, by ordinance,
31 provide for the creation of-seeend accessory dwelling units in
32 single-family and multifamily residential zones. The ordinance
33 may-do any shall do all of the following:
34 (A) Designate areas within the jurisdiction of the local agency
35 where s.,Lu,.d accessory dwelling units may be permitted. The
36 designation of areas may be based on criteria, that may include,
37 but are not limited to, the adequacy of water and sewer services
38 and the impact of s .,.,nd accessory dwelling units on traffic ew-
39 flow and public safety
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SB1069 —18-
1 (B) (i) Impose standards on-seeond accessory dwelling units
2 that include, but are not limited to, parking, height, setback, lot
3 coverage,landscape, architectural review,maximum size of a unit,
4 and standards that prevent adverse impacts on any real property
5 that is listed in the California Register of Historic Places.
6 (ii) Notwithstanding clause (i), a local agency may reduce or
7 eliminate parking requirements fm- any accessory dwelling unit
8 located within its jurisdiction.
9 (C) Provide thatseeend accessory dwelling units do not exceed
10 the allowable density for the lot upon which the nL.,u,,d accessory
11 dwelling unit is located, and thatseeand accessory dwelling units
12 are a residential use that is consistent with the existing general
13 plan and zoning designation for the lot.
14 (D) Require the accessory dwelling units to comply with all of
15 the following:
16 (i) The unit is not intended for sale separate from the primary
17 residence and may be rented.
18 (ii) The lot is zoned for single-family or multifamily use and
19 contains an existing, single family dwelling.
20 (iii) The accessory dwelling unit is either attached to the existing
21 dwelling or located within the living area of the existing dwelling
22 or detached from the existing dwelling and located on the same
23 lot as the existing dwelling.
24 (iv) The increasedfloor area of an attached accessory dwelling
25 unit shall not exceed 50 percent of the existing living area, with a
26 maximum increase in floor area of 1,200 square feet.
27 (v) The total area of floorspace for a detached accessory
28 dwelling unit shall not exceed 1,200 square feet.
29 (vi) No passageway shall be required in conjunction with the
30 construction of an accessory dwelling unit.
31 (vii) No setback shall be required for an existing garage that is
32 converted to a accessory dwelling unit, and a setback of no more
33 thanfive feet from the.side and rear lot lines shall he required for
34 an accessory dwelling unit that is constructed above a garage.
35 (viii) Local building code requirements that apply to detached
36 dwellings, as appropriate.
37 (ix) Approval by the local health officer where a private sewage
38 disposal system is being used, if required.
39 (x) (I) Parking requirements for accessory dwelling units shall
40 not exceed one parking space per unit or per bedroom. These
92
-19— SB 1069
I spaces may be provided as tandem parking on an existing
2 driveway.
3 (11) Offstreet parking shall be permitted in setback areas in
4 locations determined by the local agency or through tandem
5 parking, unless specific findings are made that parking in setback
6 areas or tandem parking is not feasible based upon specific site
7 or regional topographical or fire and life safety conditions, or that
8 it is not permitted anywhere else in the jurisdiction.
9 (111) This clause shall not apply to a unit that is described in
10 subdivision (d).
11 (xi) When a garage, carport. or covered parking structure is
12 demolished in conjunction with the construction of an accessory
13 dwelling unit, and the local agency requires that those offstreet
14 parking spaces be repl aced, the replacement spaces may be located
15 in any configuration on the same lot as the accessory' dwelling
16 unit, including, but not limited to, as covered spaces, uncovered
17 spaces, or tandem spaces, or by the use of mechanical automobile
18 parking lifts. This clause shall not apply to a unit that is described
19 in subdivision (d).
20 (2) The ordinance shall not be considered in the application of
21 any local ordinance,policy,or program to limit residential growth.
22 (3) When a local agency receives its first application on or after
23 July 1, 2003, for a permit pursuant to this subdivision, the
24 application shall be considered ministerially without discretionary
25 review or a hearing, notwithstanding Section 65901 or 65906 or
26 any local ordinance regulating the issuance of variances or special
27 useY,...nib.Nuthu.bi.,t11s pa,ae,.apl.way L.,consbu.d to,oqu•o
28 a lu.al gu ...d to adopt u, ., „J au u,J'0au..�feu tI1..,..,aliU.,
29 of � ondvunib. permits, within 120 days after receiving the
30 application. A local agency may charge a fee to reimburse it for
31 costs that it incurs as a result of amendments to this paragraph
32 enacted during the 2001-02 Regular Session of the Legislature,
33 including the costs of adopting or amending any ordinance that
34 provides for the creation of units. an accessory dwelling
35 unit.
36 (L) (1) Wb...alocal a g,.n.,ywl.ieL Lae,..,t,.Jupb,J all owliusuwe•38 - . . .. .. • . • . . . . . . . _••
39 .. .. • - . .. - _ -
92
SB 1069 —20-
1 w ltl..,at ds,..n.d6...u,y len yaasuant h, this s„bdlvis;uu ant.
2 it adapts a.. &din., with subdivision (a) .,. (j
3 v.itl•in 120 day., nits; ndd.drine the appli..ation. Nut*itl.Dta..dL.g
4 5...,Gu.,65901 ••• 65906, v.,,7 L,.,al ab■.a'.,y .,hall slant a •a.ia,.,.,
5 • • . . . .
6 unit complies .,;tla all of the f Iluw Las.
7 (A) The unit is...,t i,ai.•,d..d fur salt audt„ay L.,rc.d..d.
8 . . .
9 (C) Ths LA contains an existi.,s slt.gL f ,.ally,dwelliaas.
10 (D) Th.,second unit is cithc, attaeLcd to the esistiob dnellia.g
11 and Iusakd .ithi., the liviub arLa of the e„isti„b dwelling—or
12 .}..ta.,L.d fa.,a,t ths. .,nistia,g dw..lh,ns a,.d h,.,attdd-.,,a ti,. sun,., lit
13
14 _ . • - : -. .. . . . . .
15 nut cxc:,cd 30 pca.,w,t.,f the sxisti,ag Ls Lag sue..
16 - . . . . . .. • . . .. . . . •
17 . •: .. -
18 ' . . • -
19 . - - . . - - - • ..
20 tu,,1,ag,equ;r.,u,euts s.,,a.,aally appli.abls tultsiduatial w„shwhmt
21 L. the roue in v+hiel• the pr.,ps6tris 1.,.,atsd.
22 .. .. . _ - . .. . .. . .
23 daelliaags, as apprupi•ate.
24
25 disposal systeu,•i,b•.h,g used, if n-quir.,d.
26 (4) An existing ordinance governing the creation ofan accessory
27 dwellingunit by a local agency or an accessory dwelling ordinance
28 adopted by a local agency subsequent to the effective date of the
29 act adding this paragraph shall provide an approval process that
30 includes only ministerial provisions for the approval of accessory
31 dwelling units and shall not include any discretionary processes,
32 provisions, or requirements Jiff those units, except as otherwise
33 provided in this subdivision. In the event that a local agency has
34 an existing accessory dwelling unit ordinance that fails to meet
35 the requirements of this subdivision, that ordinance shall be null
36 and void upon the effective date of the act adding this paragraph
37 and that agency shall thereafter apply the standards established
38 in this subdivision for the approval of accessory dwelling units.
39 unless and until the agency adopts an ordinance that complies
40 with this section.
92
-21— SB1069
1 (2)
2 (5) No other local ordinance, policy, or regulation shall be the
3 basis for the denial of a building permit or a use permit under this
4 subdivision.
5 (3)
6 (6) This subdivision establishes the maximum standards that
7 local agencies shall use to evaluate a proposed sueUnd units nil
8 lots accessory dwelling unit on a lot zoned for residential use wli..h
9 wuta6r that contains an existing single-family dwelling. No
10 additional standards, other than those provided in this..16.1;.;311.31I
I I u, „ubd; ;s;on(a),subdivision, shall be utilized or imposed,except
12 that a local agency may require an applicant for a permit issued
13 pursuant to this subdivision to be an awn... o..eupant.
14 owner-occupant or that the property be used for rentals of terms
15 longer than 30 days.
16 (4) No changes in zon;nge.dinances or nth,.o,dl,anu..s or any
17 tIang., in tin. bcno,al t,la.. ehall L.. .tunin.d to this
18 subdivis;U,.. Any
19 (7) A local agency may amend its zoning ordinance or general
20 plan to incorporate the policies, procedures, or other provisions
21 applicable to the creation of seuo„d units an accessory dwelling
22 unit if these provisions are consistent with the limitations of this
23 subdivision.
24 . . . •• . . . - .. _ .
25 (8) An accessory dwelling unit that conforms to this subdivision
26 shall be deemed to be an accessory use or an accessory building
27 and shall not be considered to exceed the allowable density for
28 the lot upon which it is located, and shall be deemed to be a
29 residential us.. wl;..L that is consistent with the existing general
30 plan and zoning designations for the lot. The ,Hots
31 accessory dwelling unit shall not be considered in the application
32 of any local ordinance, policy, or program to limit residential
33 growth.
34 (e) No Inca' aguney ,,hall adopt an otdlianeu whin totally
35 1n.,,,luds sueuud units within 3L,bl., family u' multifamily tu..cd
36 a,.as u,jl.3 th„ .,,dl,m...L uU.dal,a Lndius5 a..knuw l.d5:,,g that
37 ilc u.d:”...,, "my Inuit huusins ovvo,tun;tics of tln& ,..b;.,,, and
38 fmthe:Untni.w findings that syee:fiu ad.e,s. :ut,ad.on tin.NaLln,
39 l,..altl,suf ty,and .,ulfa,u that woul.h.,auIt Lo,,,allUwus
92
SB 1069 —22-
1
2 adopting the o•dL1a11e,..
3 (b) When a local agency that has not adopted an ordinance
4 governing accessory dwelling units in accordance with subdivision
5 (a) receives its first application on or after July 1. 1983,for a
6 permit to create an accessory dwelling unit pursuant to this
7 subdivision, the local agency shall accept the application and
8 approve or disapprove the application ministerially without
9 discretionary review pursuant to subdivision (a) within 120 days
10 after receiving the application.
11 (d)
12 (c) A local agency may establish minimum and maximum unit
13 size requirements for both attached and detached,,...,.md accessory
14 dwelling units. No minimum or maximum size fort-seecmd an
15 accessory dwelling unit, or size based upon a percentage of the
16 existing dwelling, shall be established by ordinance for either
17 attached or detached dwellings .,1.;.,1,that does not permit at least
18 an efficiency unit to be constructed in compliance with local
19 development standards. Accessory dwelling units shall not be
20 required to provide fire sprinklers if they are not required for the
21 primary residence.
22 (..) I3a11u11b 1.yu[,c„1.1ds fe• s..ev,.d o11its 311,411 not.A...,d.,ue
23 pail:m8 apa.e pet unit a, pct bedioo111. Additiu11a1 Fa'king way
24 l,. 1.yui..,d p uvid.d that a G11d•11b is Mad. flint t11. additiuual
• . :: •
27 ayyli.aU. to ,axi�tinE, d...11inss. Off at1..t•poking -shall 6.
31 i,as.d up.,11 sp..ifi.sif..,1 1.6.iuual tupslap•i.al W1 fin. and hf
33 jaiisdietiom
34 (d) Notwithstanding any other law, a local agency, whether or
35 not it has adopted an ordinance governing accessory dwelling
36 units in accordance with subdivision(a),shall not impose parking
37 standards for an accessory dwelling unit in any of the following
38 instances:
39 (1) The accessory dwelling unit is located within one-half mile
40 of public transit.
92
-23— SB 1069
1 (2) The accessory dwelling unit is located within an
2 architecturally and historically significant historic district.
3 (3) The accessory dwelling unit is part of the existing primary
4 residence or an existing accessory structure.
5 (4) When on-street parking permits are required but not offered
6 to the occupant of the accessory dwelling unit.
7 (5) When there is a car share vehicle located within one block
8 of the accessory dwelling unit.
9 (e) Notwithstanding subdivisions (a) to (d), inclusive, a local
10 agency shall ministerially approve an application for a building
I I permit to create within a single family residential zone one
12 accessory dwelling unit per singlefamily lot ifthe unit is contained
13 within the existing space of a single-family residence or accessory
14 structure, has independent exterior access from the existing
15 residence, and the side and rear setbacks are sufficient for fire
16 safety. Accessory dwelling units shall not be required to provide
l7 fire sprinklers if they are not required for the primary residence.
18 (t) (I) Fees charged for the construction of-second accessory
19 dwelling units shall be determined in accordance with Chapter 5
20 (commencing with Section 66000). 66000) and Chapter 7
21 (commencing with Section 66012).
22 (2) Accessory dwelling units shall not be considered new
23 residential uses for the purposes of calculating local agency
24 connection fees or capacity charges for utilities, including water
25 and sewer service.
26 (A) For an accessorydwellingunit described in subdivision(e),
27 a local agency shall not require the applicant to install a new or
28 separate utility connection directly between the accessory dwelling
29 unit and the utility or impose a related connection fee or capacity
30 charge.
31 (B) For an accessory dwelling unit that is not described in
32 subdivision (e), a local agency may require a new or separate
33 utility connection directly between the accessory dwelling unit and
34 the utility. Consistent with Section 66013, the connection may be
35 subject to a connection fee or capacity charge that shall be
36 proportionate to the burden of the proposed accessory dwelling
37 unit, based upon either its size or the number of its plumbing
38 fixtures, upon the water or sewer system. This fee or charge shall
39 not exceed the reasonable cost of providing this service.
92
SB 1069 —24-
I (g) This section does not limit the authority of local agencies
2 to adopt less restrictive requirements for the creation of
3 u..:ts. an accessory dwelling unit.
4 (h) Local agencies shall submit a copy of the—oral-want-es
5 ordinance adopted pursuant to subdivision (a) o, (..) to the
6 Department of Housing and Community Development within 60
7 days after adoption.
8 (i) As used in this section, the following terms mean:
9 (I) "Living-area area"means the interior habitable area of a
0 dwelling unit including basements and attics but does not include
1 a garage or any accessory structure.
2 (2) "Local agency" means a city, county, or city and county,
3 whether general law or chartered.
4 (3) For purposes of this section, "neighborhood" has the same
5 meaning as set forth in Section 65589.5.
6 (4) "Second "Accessory dwelling unit"means an attached or a
7 detached residential dwelling unit which provides complete
8 independent living facilities for one or more persons. It shall
9 include permanent provisions for living,sleeping,eating,cooking,
20 and sanitation on the same parcel as the single-family dwelling is
21 situated. A sLeu..d An accessory dwelling unit also includes the
22 following:
23 (A) An efficiency unit,as defined in Section 17958.1 of Health
24 and Safety Code.
25 (B) A manufactured home, as defined in Section 18007 of the
26 Health and Safety Code.
27 (5) "Passageway"means a pathway that is unobstructed clear
28 to the sky and extends from a street to one entrance of the
29 accessory dwelling unit.
30 (j) Nothing in this section shall be construed to supersede or in
31 any way alter or lessen the effect or application of the California
32 Coastal Act (Division 20 (commencing with Section 30000) of
33 the Public Resources Code),except that the local government shall
34 not be required to hold public hearings for coastal development
35 permit applications for sc.,.,..d accessory dwelling units.
36 SEC. 6. Section 66412.2 of the Government Code is amended
37 to read:
38 66412.2. This division shall not apply to the construction,
39 financing,or leasing of dwelling units pursuant to Section 65852.1
40 or accessory dwelling units pursuant to Section 65852.2, but this
92
-25— SB 1069
1 division shall be applicable to the sale or transfer, but not leasing,
2 of those units.
3 SEC. 7. Section 5.5 of this bill incorporates amendments to
4 Section 65852.2 of the Government Code proposed by both this
5 bill and Assembly Bill 2299. It shall only become operative if(1)
6 both bills are enacted and become effective on or before January
7 1, 2017, (2) each bill amends Section 65852.2 of the Government
8 Code,and(3)this bill is enacted after Assembly Bill 2299, in which
9 case Section 5 of this bill shall not become operative.
10 SEC. 7.
11 SEC. 8. No reimbursement is required by this act pursuant to
12 Section 6 of Article XIII B of the California Constitution because
13 a local agency or school district has the authority to levy service
14 charges, fees, or assessments sufficient to pay for the program or
15 level of service mandated by this act,within the meaning of Section
16 17556 of the Government Code.
0
92