PC - Item 3A - Municipal Code Amendment 18-01 41-
M F ROSEMEAD PLANNING COMMISSION
O STAFF REPORT
CIVIC PRIDE
4CORPORA7E0,9`'`)
TO: THE HONORABLE CHAIR AND PLANNING COMMISSION
FROM: PLANNING DIVISION
DATE: APRIL 16, 2018
SUBJECT: MUNICIPAL CODE AMENDMENT 18-01
SUMMARY
The State of California enacted bills that established new regulations pertaining to the
development of accessory dwelling units (ADUs) within the jurisdiction of local agencies,
and rendered the City of Rosemead's existing Second Dwelling Unit Ordinance .
(Ordinance No. 931 — Second Dwelling Unit Section) null and void. However, per
Government Code Section 65852.2(a)(1), a local agency may, by ordinance, provide for
the creation of accessory dwelling units in areas zoned to allow single-family or
multifamily use.
The proposed Municipal Code Amendment (MCA 18-01) would amend Title 17 (Zoning)
of the Rosemead Municipal Code relating to ADUs. The proposed amendment would
adopt new standards for ADUs, in accordance with the provisions of Section 65852.1 and
Section 65852.2 of the Government Code, and would provide clarity and consistency for
the regulation of ADUs throughout Title 17 (Zoning) of the Rosemead Municipal Code.
ENVIRONMENTAL DETERMINATION
Section 21080.17 of the California Environmental Quality Act (CEQA) exempts the
adoption of an ordinance by a city or county to implement the provisions of Section
65852.1 or Section 65852.2 of the Government Code. Accordingly, MCA 18-01 is for the
adoption of an ordinance by the City of Rosemead to implement the provisions of Section
65852.1 and Section 65852.2 of the Government Code.
STAFF RECOMMENDATION
That the Planning Commission:
1. Conduct a public hearing and receive public testimony; and
2. Adopt Planning Commission Resolution No. 18-07 with findings (Exhibit "A"), a
resolution recommending that the City Council adopt Ordinance No. 979 (Exhibit
"B") for the approval of MCA 18-01.
Planning Commission Meeting
April 16,2018
Page 2 of 6
DISCUSSION
Background
Effective January 1, 2017, SB 1069 and AB 2299 (attached as Exhibit "D") established
new regulations pertaining to local agency regulation and processing of new ADU
proposals in single-family and multifamily residential zones. The new State ADU laws
have replaced the term "second unit", commonly known as "granny flat", with the term
"accessory dwelling unit".
According to the new State ADU laws, any local ordinance adopted prior to January 1,
2017, and not consistent with the new State ADU laws, are deemed null and void. The
City of Rosemead's Second Dwelling Unit Ordinance is not consistent with the new State
ADU laws. As a result, the City of Rosemead is required to review new ADU proposals
under the minimum State standards or adopt a new ADU ordinance in compliance with
applicable State ADU laws.
Effective January 1 , 2018, SB 229 and AB 494 (attached as Exhibit "E") provided further
clarification within the State ADU laws.
City Council Workshop
On March 27, 2018, the City Council held a duly noticed workshop to discuss the new
State ADU laws and provided input on the options to regulate new ADU proposals. The
following is a summary of the City Council's input:
• Owner-occupancy — Requiring applicants of ADU proposals to be owner-
occupants for a limited term could be beneficial to the City of Rosemead. It was
discussed that a limited term of 5-10 years would be reasonable.
• Off-Street Parking for ADUs — Requiring that one off-street parking space be
provided per bedroom in applicable cases, as the State ADU laws provides for
exceptions to off-street parking requirements in various cases.
• Location and Setbacks of ADUs — Drafting ADU regulations based on the existing
Accessory Structure Section of the Zoning Code, as opposed to the nullified and
voided Second Dwelling Unit Section of the Zoning Code, would provide flexibility
to property owners.
Planning Commission Meeting
April 16,2018
Page 3 of 6
Zoning Code Sections
The following Zoning Code Sections would be amended with the approval of MCA 18-01:
Rosemead Municipal Code Section 17.30.190 (Second Dwelling Units)
The standards listed in this section became null and void. The new ADU standards would
be consistent with the new State ADU laws and are drafted based on the City Council's
input provided at the workshop held on March 27, 2018.
• The proposed amendment would require the property owner to record a covenant
providing that the property owner occupy at least one of the two dwelling units on
the lot for a minimum of five years.
• The required minimum off-street parking for ADUs are proposed to be as stringent
as allowed by the State ADU laws. Per Government Code Section
65852.2(a)(1)(D)(x), parking requirements for accessory dwelling units shall not
exceed one parking space per unit or per bedroom, whichever is less, and these
spaces may be provided as tandem parking on a driveway.
o The State ADU laws define "tandem parking" as two or more automobiles
parked on a driveway or in any other location on a lot, lined up behind one
another.
25 Feet
r 5 Peet
wi
10 Feet
DrNrwN
A119 Fact
9 Feet
A
Example: Tandem Parking
o The State ADU laws also provide that off-street parking standards shall not
be required for an ADU in any of the following instances:
■ The accessory dwelling unit is located within one-half mile of public
transit.
• The accessory dwelling unit is located within an architecturally and
historically significant historic district.
Planning Commission Meeting
April 16,2018
Page 4 of 6
• The accessory dwelling unit is part of the proposed or existing
primary residence or an accessory structure.
• When on-street parking permits are required but not offered to the
occupant of the accessory dwelling unit.
• When there is a car share vehicle located within one block of the
accessory dwelling unit.
• The allowable location and minimum setbacks for ADUs are proposed to be similar
to that of an accessory structure permitted under the existing Zoning Code with the
consideration that ADUs include interior habitable area.
o Locating ADUs on the rear half of lots and behind single-family dwellings
would minimize the visual impacts ADUs would potentially have on single-
family residential neighborhoods.
o Typically, accessory structures require a minimum setback of three feet
from side and rear property lines. The proposed amendment extends the
setback to a minimum of five feet, which is consistent with the typical
minimum side yard setback for a single-family dwelling unit.
Rosemead Municipal Code Section 17.32.030 (Accessory Structures in Residential
Zones)
The term "second dwelling units" would be replaced with "accessory dwelling units", and
accessory dwelling units shall be deemed to be an accessory use or accessory structure.
Rosemead Municipal Code Section 17.12.020 (Residential District Land Uses and Permit
Requirements)
The term "second dwelling units" would be replaced with "accessory dwelling units".
Rosemead Municipal Code Section 17.04.050 (Definitions—General)
The term "second dwelling units" would be replaced with "accessory dwelling units", and
the accompanying definition would be revised to be consistent with State ADU laws.
Rosemead Municipal Code Section 17.112.040 (Number of Spaces Required)
The required parking listed in Table 17.112.040.1 : Required Parking would be revised to
reflect the new State ADU laws.
MUNICIPAL CODE REQUIREMENTS
Per Rosemead Municipal Code Section 17.152.060, amendments to [the] Zoning Code
may be approved only if all of the following findings are first made:
1. The proposed amendment is consistent with the General Plan and any applicable
specific plan;
I
Planning Commission Meeting
April 16,2018
Page 5 of 6
The proposed amendment is consistent with the General Plan and Garvey Avenue
Specific Plan, as Government Code Section 65852.2(a)(8), provides that an
accessory dwelling unit that conforms to [the applicable] subdivision shall be
deemed to be an accessory use or an accessory building and shall not be
considered to exceed the allowable density for the lot upon which it is located, and
shall be deemed to be a residential use that is consistent with the existing general
plan and zoning designations for the lot.
2. The proposed amendment will not be detrimental to the public interest, health,
safety, convenience, or welfare of the City; and
The proposed amendment will not be detrimental to the public interest, health,
safety, convenience, or welfare of the City, as accessory dwelling units are
residential accessory uses that were previously permitted in the Zoning Code as
"second dwelling units'. According to the new State Accessory Dwelling Unit laws,
any local ordinance adopted prior to January 1 , 2017, and not consistent with the
new State Accessory Dwelling Unit laws, are deemed null and void. The City of
Rosemead's Second Dwelling Unit Ordinance is not consistent with the new State
Accessory Dwelling Unit laws. As a result, the City of Rosemead is required to
review new Accessory Dwelling Unit proposals under the minimum State
standards or adopt a new Accessory Dwelling Unit ordinance in compliance with
applicable State Accessory Dwelling Unit laws. The proposed amendments would
protect public interest, health, and safety of the City by regulating accessory
dwelling units more consistent with the Zoning Code, instead of applying to the
minimum State standards.
3. The proposed amendment is internally consistent with other applicable provisions
of [the] Zoning Code.
The City of Rosemead's Second Dwelling Unit Ordinance is not consistent with the
new State Accessory Dwelling Unit laws, and is therefore, deemed null and void.
Additionally, the new State Accessory Dwelling Unit laws have replaced the term
"second unit", commonly known as "granny flat", with the term "accessory dwelling
unit". The proposed amendment is internally consistent with other applicable
provisions of the Zoning Code, as all sections referencing "second dwelling units"
would be revised to be consistent the State laws pertaining to accessory dwelling
units.
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process, which
includes publication in the Rosemead Reader and postings of the notice on six public
locations.
Planning Commission Meeting
April 16,2018
Page 6 of 6
Prepared by: Reviewed by:
1,1
Cory 'anh Lily Valenzuela
Associate Planner City Planner
Submitted by:
iir
4411
Ben 01°.
Director of Community Development
EXHIBITS:
A. Planning Commission Resolution No. 18-07
B. Draft Ordinance No. 979
C. State of California Accessory Dwelling Unit Laws
D. SB 1069 and AB 2299
E. SB 229 and AB 494
Planning Commission Meeting
April 16,2018
Page 7 of 13
EXHIBIT "A"
PC RESOLUTION 18-07
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,
RECOMMENDING THAT THE CITY COUNCIL ADOPT ORDINANCE NO.
979 FOR THE APPROVAL OF MCA 18-01, AMENDING TITLE 17
(ZONING) OF THE ROSEMEAD MUNICIPAL CODE TO ADOPT NEW
REGULATIONS FOR ACCESSORY DWELLING UNITS
WHEREAS, on January 1, 2017, Senate Bill 1069 and Assembly Bill 2299 went
into effect, establishing new regulations pertaining to local agency regulation and
processing of new accessory dwelling unit proposals in single-family and multifamily
residential zones;
WHEREAS, on January 1 , 2018, Senate Bill 229 and Assembly Bill 494 provided
further clarification within the State of California Accessory Dwelling Unit laws;
WHEREAS, Section 17.152.060 of the Rosemead Municipal Code provides the
criteria for a Zoning Code Amendment;
WHEREAS, Sections 65854 and 65855 of the California Government Code and
Section 17.152.040 of the Rosemead Municipal Code authorizes the Planning
Commission to review and make recommendations to the City Council regarding
amendments to the City's Zoning Code;
WHEREAS, on April 5, 2018, a notice was published in the Rosemead Reader
and notices were posted in six public locations, specifying the availability of the proposal,
and the date, time, and location of the public hearing for Municipal Code Amendment 18-
01;
WHEREAS, on April 16, 2018, the Planning Commission held a duly noticed and
advertised public hearing to receive oral and written testimony relative to Municipal Code
Amendment 18-01; and
WHEREAS, the Rosemead Planning Commission has sufficiently considered all
testimony presented to them in order to make the following determination.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City
of Rosemead as follows:
SECTION 1. Section 21080.17 of the California Environmental Quality Act (CEQA)
exempts the adoption of an ordinance by a city or county to implement the provisions of
Section 65852.1 or Section 65852.2 of the Government Code. Accordingly, MCA 18-01
Planning Commission Meeting
April 16,2018
Page 8 of 13
is for the adoption of an ordinance by the City of Rosemead to implement the provisions
of Section 65852.1 and Section 65852.2 of the Government Code.
SECTION 2. The Planning Commission HEREBY FINDS AND DETERMINES that
facts do exist to justify approving Municipal Code Amendment 18-01, in accordance with
Section 17.152.060 of the Rosemead Municipal Code as follows:
A. The proposed amendment is consistent with the General Plan and any
applicable specific plan;
FINDING: The proposed amendment is consistent with the General Plan and
Garvey Avenue Specific Plan, as Government Code Section 65852.2(a)(8), provides that
an accessory dwelling unit that conforms to [the applicable] subdivision shall be deemed
to be an accessory use or an accessory building and shall not be considered to exceed
the allowable density for the lot upon which it is located, and shall be deemed to be a
residential use that is consistent with the existing general plan and zoning designations
for the lot.
B. The proposed amendment will not be detrimental to the public interest, health,
safety, convenience, or welfare of the City; and
FINDING: The proposed amendment will not be detrimental to the public interest,
health, safety, convenience, or welfare of the City, as accessory dwelling units are
residential accessory uses that were previously permitted in the Zoning Code as "second
dwelling units". According to the new State Accessory Dwelling Unit laws, any local
ordinance adopted prior to January 1, 2017, and not consistent with the new State
Accessory Dwelling Unit laws, are deemed null and void. The City of Rosemead's Second
Dwelling Unit Ordinance is not consistent with the new State Accessory Dwelling Unit
laws. As a result, the City of Rosemead is required to review new Accessory Dwelling
Unit proposals under the minimum State standards or adopt a new Accessory Dwelling
Unit ordinance in compliance with applicable State Accessory Dwelling Unit laws. The
proposed amendments would protect public interest, health, and safety of the City by
regulating accessory dwelling units more consistent with the Zoning Code, instead of
applying to the minimum State standards.
C. The proposed amendment is internally consistent with other applicable
provisions of [the] Zoning Code.
FINDING: The City of Rosemead's Second Dwelling Unit Ordinance is not
consistent with the new State Accessory Dwelling Unit laws, and is therefore, deemed
null and void. Additionally, the new State Accessory Dwelling Unit laws have replaced the
term "second unit", commonly known as "granny flat", with the term "accessory dwelling
unit". The proposed amendment is internally consistent with other applicable provisions
of the Zoning Code, as all sections referencing "second dwelling units" would be revised
to be consistent the State laws pertaining to accessory dwelling units.
Planning Commission Meeting
April 16,2018
Page 9 of 13
SECTION 3. The Planning Commission HEREBY RECOMMENDS City Council
adoption of Ordinance No. 979 for the approval of Municipal Code Amendment 18-01, for
the amendment of Title 17 (Zoning) of the Rosemead Municipal Code to adopt new
regulations for accessory dwelling units.
SECTION 4. This resolution is the result of an action taken by the Planning
Commission on April 16, 2018, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
SECTION 5. The Secretary shall certify to the adoption of this resolution and shall
transmit copies of same to the Rosemead City Clerk.
PASSED, APPROVED, and ADOPTED this 16t" day of April 2018.
Sean Dang, Chair
CERTIFICATION
I hereby certify that the foregoing is a true copy of a resolution adopted by the Planning
Commission of the City of Rosemead at its regular meeting, held on the 16'" day of April
2018, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Ben Kim, Secretary
APPROVED AS TO FORM:
Kane Thuyen, Planning Commission Attorney
Burke, Williams & Sorensen, LLP
Planning Commission Meeting
April 16,2018
Page 10 of 13
EXHIBIT "B"
DRAFT ORDINANCE NO. 979
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD,
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AMENDING
TITLE 17(ZONING) OF THE ROSEMEAD MUNICIPAL CODE TO ADOPT
NEW REGULATIONS FOR ACCESSORY DWELLING UNITS
WHEREAS, on January 1 , 2017, Senate Bill 1069 and Assembly Bill 2299 went
into effect, establishing new regulations pertaining to local agency regulation and
processing of new accessory dwelling unit proposals in single-family and multifamily
residential zones;
WHEREAS, on January 1, 2018, Senate Bill 229 and Assembly Bill 494 provided
further clarification within the State of California Accessory Dwelling Unit laws;
WHEREAS, Section 17.152.060 of the Rosemead Municipal Code provides the
criteria for a Zoning Code Amendment;
WHEREAS, Sections 65854 and 65855 of the California Government Code and
Section 17.152.040 of the Rosemead Municipal Code authorizes the Planning
Commission to review and make recommendations to the City Council regarding
amendments to the City's Zoning Code;
WHEREAS, Section 17.152.050 of the Rosemead Municipal Code authorizes the
City Council to approve amendments to the City's Zoning Code;
WHEREAS, on April 16, 2018, the Planning Commission held a duly noticed public
hearing and recommended approval of Municipal Code Amendment 18-01 to the City
Council;
WHEREAS, on April 26, 2018, a notice was published in the Rosemead Reader
and notices were posted in six public locations, specifying the availability of the proposal,
and the date, time, and location of the public hearing for Municipal Code Amendment 18-
01;
WHEREAS, on May 8, 2018, the City Council held a duly noticed and advertised
public hearing to receive oral and written testimony relative to Municipal Code
Amendment 18-01 ; and
WHEREAS, the City Council has sufficiently considered all testimony presented to
them in order to make the following determination;
•
• Planning Commission Meeting
April 16,2018
Page 11 of 13
THE CITY COUNCIL OF THE CITY OF ROSEMEAD HEREBY ORDAINS AS
FOLLOWS:
SECTION 1. Compliance with California Environmental Quality Act. Section
21080.17 of the California Environmental Quality Act (CEQA) exempts the adoption of an
ordinance by a city or county to implement the provisions of Section 65852.1 or Section
65852.2 of the Government Code. Accordingly, MCA 18-01 is for the adoption of an
ordinance by the City of Rosemead to implement the provisions of Section 65852.1 and
Section 65852.2 of the Government Code.
SECTION 2. Findings. The City Council HEREBY FINDS AND DETERMINES
that facts do exist to justify approving Municipal Code Amendment 18-01, in accordance
•
with Section 17.152.060 of the Rosemead Municipal Code as follows:
A. The proposed amendment is consistent with the General Plan and any
applicable specific plan;
FINDING: The proposed amendment is consistent with the General Plan and
Garvey Avenue Specific Plan, as Government Code Section 65852.2(a)(8), provides that
an accessory dwelling unit that conforms to [the applicable] subdivision shall be deemed
to be an accessory use or an accessory building and shall not be considered to exceed
the allowable density for the lot upon which it is located, and shall be deemed to be a
residential use that is consistent with the existing general plan and zoning designations
for the lot.
B. The proposed amendment will not be detrimental to the public interest, health,
safety, convenience, or welfare of the City; and
FINDING: The proposed amendment will not be detrimental to the public interest,
health, safety, convenience, or welfare of the City, as accessory dwelling units are
residential accessory uses that were previously permitted in the Zoning Code as "second
dwelling units . According to the new State Accessory Dwelling Unit laws, any local
ordinance adopted prior to January 1, 2017, and not consistent with the new State
Accessory Dwelling Unit laws, are deemed null and void. The City of Rosemead's Second
Dwelling Unit Ordinance is not consistent with the new State Accessory Dwelling Unit
laws. As a result, the City of Rosemead is required to review new Accessory Dwelling
Unit proposals under the minimum State standards or adopt a new Accessory Dwelling
Unit ordinance in compliance with applicable State Accessory Dwelling Unit laws. The
proposed amendments would protect public interest, health, and safety of the City by
regulating accessory dwelling units more consistent with the Zoning Code, instead of
applying to the minimum State standards.
C. The proposed amendment is internally consistent with other applicable
provisions of [the] Zoning Code.
Planning Commission Meeting
April 16,2018
Page 12 of 13
FINDING: The City of Rosemead's Second Dwelling Unit Ordinance is not
consistent with the new State Accessory Dwelling Unit laws, and is therefore, deemed
null and void. Additionally, the new State Accessory Dwelling Unit laws have replaced the
term "second unit", commonly known as "granny flat", with the term "accessory dwelling
unit". The proposed amendment is internally consistent with other applicable provisions
of the Zoning Code, as all sections referencing "second dwelling units" would be revised
to be consistent the State laws pertaining to accessory dwelling units.
SECTION 3. Amendment to Title 17. An amendment of Title 17 (Zoning) of the
Rosemead Municipal Code relating to accessory dwelling units, as shown in Exhibit "A"
attached hereto is hereby adopted.
SECTION 4. Severability. The City Council hereby declares that, should any
provision, section, subsection, paragraph, sentence, clause, phrase, or word of this
Ordinance or any part thereof, be rendered or declared invalid or unconstitutional by any
final court action in a court of competent jurisdiction or by reason of any preemptive
legislation, such decision or action shall not affect the validity of the remaining section or
portions of the Ordinance or part thereof. The City Council hereby declares that it would
have independently adopted the remaining provisions, sections, subsections,
paragraphs, sentences, clauses, phrases, or words of this Ordinance irrespective of the
fact that any one or more provisions, sections, subsections, paragraphs, sentences,
clauses, phrases, or words may be declared invalid or unconstitutional.
SECTION 5. Effective Date. This Ordinance shall take effect thirty (30) days after
its adoption.
SECTION 6. Publication. The City Clerk shall certify to the adoption of this
Ordinance and shall publish a summary of this Ordinance and post a certified copy of the
full Ordinance in the office of the City Clerk at least five days prior to the adoption and
within 15 days after adoption of the Ordinance, the City Clerk shall publish a summary of
the Ordinance with the names of the Council Members voting for and against the
Ordinance. This Ordinance shall take effect thirty (30) days after the date of its adoption.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Rosemead, County of Los Angeles of the State of California on May 8, 2018
Steven Ly, Mayor
Planning Commission Meeting
April 16,2018
Page 13 of 13
ATTEST:
Ericka Hernandez, City Clerk
APPROVED AS TO FORM:
Rachel H. Richman, City Attorney
Burke, Williams & Sorensen, LLP
EXHIBIT "A"
ORDINANCE NO. 979
17.30.190 . Accessory Dwelling Units
`Sub-Sections:
A. Purpose.
B. - - _ - e • - e _ _ -'. .e • . Applicability.
e •• • . City Standards.
. Revocation.
E. Revocation, Existing Accessory Dwelling Units.
A. Purpose.
The purpose of this section is to implement Government Code Section 65852.2 which allows
the City to adopt an second accessory dwelling unit ordinance in lieu of being subjected to the
State requirements for such units. Notwithstanding any other provision of this Zoning Code to
the contrary, the provisions in this section shall govern the development of second accessory
dwelling units in the City of Rosemead.
B. Second dwelling unit definitions. Applicability.
The provisions in this section shall apply to accessory dwelling units, as defined in Article 1,
Section 17.04.050 (Definitions), and where allowed in compliance with Article 2 (Zoning
Districts, Allowable Land Uses and Zone-Specific Standards) and the following City
standards.
As used in this section:
primary dwelling unit is situated.
"Single story Second Dwelling Unit" means a second dwelling unit that is no higher than
fifteen (15) feet from ground level.
Second dwelling units shall not be considered to be an accessory structure.
C. _ _ - — e•• _ __ _ ! _ _ -e.. -•••• . City Standards.
The following provisions shall apply to Accessory Dwelling Units:
1. In the R-1, R-2, or R-3 zone, an attached or detached accessory dwelling unit shall be
permitted by the Community Development Director or the Community Development
Director's designee, subject to an administrative site plan and design review approval, if
the application satisfies all of the provisions set forth in this section. Except as provided
for in this section, all other applicable regulations of the underlying zone shall apply.
2. An accessory dwelling unit shall be deemed an accessory use.
a. A maximum of one (1) accessory dwelling unit may be permitted per lot. The
primary use of such lot must be single-family dwelling.
b. An accessory dwelling unit shall not be located on any lot containing more than
one (1) single-family dwelling unit.
3. The creation of an accessory dwelling unit shall not alter the single-family dwelling
appearance of the lot. The accessory dwelling unit shall:
a. Be located at the rear of the primary residence.
b. Be located within the rear 50% of the lot.
c. Match the primary residence in architectural design, color, and materials.
d. An accessory dwelling unit shall have independent exterior access, and shall not
have interior access from the primary residence.
4. Prior to the approval of an accessory dwelling unit, the single-family dwelling must comply
with the applicable minimum off-street parking and floor-area requirements.
a. Exception: If a garage, carport, or covered parking (off-street parking spaces) is
approved to be demolished or converted in conjunction with the approval of a new
accessory dwelling unit, the replacement of such off-street parking spaces may be
located in any configuration on the same lot as the accessory dwelling unit,
including, but not limited to, as covered spaces, uncovered spaces, or tandem
spaces, or by the use of mechanical automobile parking lifts.
b. The creation of an accessory dwelling unit shall not result in or contribute to a floor-
area ratio greater than what is permitted in the zone in which it is located.
5. The accessory dwelling unit shall not be for sale separate from the primary residence.
6. The property owner shall occupy at least one of the two dwelling units on the lot for a
minimum of five years. A recorded covenant shall be provided to the Planning Division
prior to the occupancy of the accessory dwelling unit providing such notice and further
providing that the accessory dwelling unit shall be a legal unit, so long as either the primary
dwelling unit or the accessory dwelling unit is occupied for a minimum of five years by the
owner of record of the property and providing that this restriction shall be binding upon a
successor ownership of the property.
7. New accessory dwelling units or modifications of existing accessory dwelling units shall
conform to the standards in Table 17.30.190.1 (Accessory Dwelling Unit Development
Standards).
Table 17.30.190.1: Accessory Dwelling Unit Development Standards
Attached Accessory Detached Accessory Notes and Exceptions
Dwelling Unit Dwelling Unit
Maximum Limited to number of Two-Story - 30 ft.
Height stories and height of
existing primary One-Story - 17 ft.
residence
Minimum Provisions of the Side Yard Setback Conversion of an existing
Setbacks applicable underlying (Interior Side): permitted structure to an
zoning designation of 5 ft. accessory dwelling unit shall
the subject property not be required to satisfy the
shall apply Side Yard Setback minimum setback standards if
(Street Side — the side and rear setbacks
Reverse Corner Lot are sufficient for fire safety
and Corner Lot):
20 ft. The setback of the second
floor shall not be less than the
Rear Yard Setback: setback of the first floor
10 ft.
Minimum Provisions of the 10 ft. The distance between
Distance applicable underlying dwellings of the second floor
Between zoning designation of shall not be less than the
Dwellings the subject property distance between dwellings of
shall apply the first floor
Minimum 20% of lot area 20% of lot area
Landscape
Area
Minimum 150 square feet 150 square feet
Floor-Area
Maximum Lesser of 50% of Lesser of 50% of If 50% of existing living area
Floor-Area existing living area of existing living area of is less than 150 square feet,
primary residence or primary residence or then a 150 square feet
1,200 square feet 1,200 square feet accessory dwelling unit shall
be permitted
Maximum Two Bedrooms Two Bedrooms For the purpose of this
Number of section, a den, study, or other
Bedrooms similar room that may be
used as bedroom(s), as
determined by the
Community Development
Director, shall be considered
bedroom(s).
Minimum One parking space One parking space Off-street parking standards
Off-Street per bedroom or ADU, per bedroom or ADU, shall not be required for an
Parking whichever is less whichever is less ADU in any of the following
instances:
These spaces may be These spaces may be
provided as tandem provided as tandem
parking on a driveway. parking on a driveway. (1) The accessory dwelling
"Tandem parking" "Tandem parking" unit is located within one-half
means that two or means that two or mile of public transit.
more automobiles are more automobiles are
parked on a driveway parked on a driveway (2) The accessory dwelling
or in any other or in any other unit is located within an
location on a lot, lined location on a lot, lined architecturally and historically
up behind one another up behind one another significant historic district.
New uncovered off- New uncovered off- (3) The accessory dwelling
street parking spaces street parking spaces unit is part of the proposed or
shall have a minimum shall have a minimum existing primary residence or
dimension of nine feet dimension of nine feet an accessory structure.
in width by eighteen in width by eighteen
(18) feet in depth (18) feet in depth (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.
1. In an R 1, R 2 or R 3 zone, an attached or detached one story second dwelling unit shall
be permitted by the Community Development Director or the Community Development
- e - - - -- _ ._ • - . - _ . . ., _ _ --- - - •-
2. The one story second dwelling unit shall:
. - --
- .e. a,!!! • --
- s. - --
came lot.
4. Have no more than two bedrooms.
_l e.. . •. _ . e•- - - e-: -- • .
• ll e.. - .-
•-• -- •- - - • ll _.. - __ a - _ - . ea _ .. _
owner of record of the property and providing that this restriction shall be binding upon a
successor ownership of the property.
e _ -_ ..
primary residential unit, nor closer than fifteen (15) feet from a building on an adjacent lot.
•• -- =e - - --- - - - - - - - . - .e....-• - • - ... .... A
••e:
•
10. Not result in or contribute to a floor area ratio greater than what is permitted in the zone in
which it is located.
11. Not be higher than the primary unit, unless it is an attached second story second unit, in
12. Have four hundred (100) square feet of usable outdoor living area with a minimum
front or rear setback areas:
11. Have one (1) enclosed parking space for an efficiency or one (1) bedroom unit, and two
{2) enclosed spaces for a two (2) bedroom unit.
15. Meet the setback and lot coverage requirements of the zone in which it is located.
16. Be located behind the primary single family dwelling unit.
17. Not be sold separately from the primary unit.
19. Meet the following design criteria:
a. Be of the same architectural style as the primary unit.
b. Match the primary unit in materials, colors, types of windows, doors, trim, proportions,
amount of roof overhang, architectural embellishments, roof shape, and quality,
e —Have its own entrance, but its entrance shall not be oriented to the street or otherwise
change the single family appearance of the primary structure.
d. Have its immediate surroundings landscaped.
••-- - _- _ e e•- _ 'sted in Section
17.30.190.C, except that setbacks shall be those applicable to primary dwelling units of
view.
square footage of the upper story shall
facing the alley. This provision is intended to be an incentive for making the alley an
8. Not cause excessive noise, traffic, parking or overloading of public facilities or infringo
• ' e -- a -- -- - • .- - -- - "• a ee ' " - e-- •- -- -
for solar energy.
D. Revocation.
The Community Development Director shall have the authority to revoke an second accessory
dwelling unit permit and the Planning Com••' •e• •- •- . • •- -- •e e • . e - -
conditional use - - - - • - - • - ••• if one or more of the requirements of this chapter
are no longer met. The decision of either the Community Development Director 4r-the
Planning Commission may be appealed to the Planning Commission City Council in
accordance with the procedures set forth in this code.
E. Existing Accessory Second Dwelling Units.
Accessory Second dwelling units which have been previously approved shall be allowed to
remain in existence as a legally established nonconforming use. This section shall in no way
validate any existing illegal accessory second dwelling unit.
Chapter 17.32 ACCESSORY STRUCTURES
Sections:
17.32.010 Purpose and applicability.
17.32.020 Permit requirements.
17.32.030 Accessory structures in residential zones.
17.32.040 Accessory structures in non-residential zones.
17.32.050 Solid waste and recyclable materials storage areas.
17.32.010 Purpose and applicability.
This Chapter establishes standards for the development and use of all accessory structures that
are necessarily or customarily incidental to an allowed primary use. The development standards
are intended to ensure that accessory structures located in any zone do not adversely impact
adjacent parcels or the surrounding neighborhood.
Any permitted accessory structure that does not require a City of Rosemead Building Permit, must
meet the minimum requirements of this Code for use, placement on a parcel, height, and size.
17.32.020 Permit requirements.
The construction and/or relocation of an accessory structure shall require Site Plan and Design
Review in accordance with Chapter 17.136 (Site Plan and Design Review), in addition to any
building permits required by the Building and Safety Division.
17.32.030 Accessory structures in residential zones.
A. Residential accessory structures defined.
"Residential accessory structure" means an attached or detached structure that is a part of,
and clearly incidental and secondary to, a residence and that does not change the character of
the residential structure. Does not +Includes second accessory dwelling units. Illustrative
examples of these structures include:
• Decks.
• Fences.
• Garages.
• Gazebos.
• Greenhouses (noncommercial).
• Outdoor play equipment.
• Patios.
• Platforms.
• Porches.
• Spas and hot tubs.
• Storage or work sheds.
• Swimming pools.
• Tennis and other on-site sport courts.
• Terraces.
• Walls.
• Workshops.
mor ••rrr
B. Requirements for residential accessory structures.
1. Size. The maximum size for a detached accessory structure shall be seven hundred and
fifty(750)square feet.The square-footage of fully enclosed, attached accessory structures
(i.e. workshops, storage sheds, but not including residential garages) shall be counted
towards the maximum Floor Area Ratio. Unenclosed attached accessory structures shall
have no size limitation, provided that residential setback requirements are satisfied.
2. Height. Detached accessory structures shall be limited to one (1) story in height and any
attic shall be less than five (5) feet in height and not habitable. Attached accessory
structures are allowed to have a habitable second story if the living space is accessible
from within the residence and there is no separate outside entrance to the living space.
3. Location.
a. There shall be a minimum distance of six (6) feet between detached accessory
structures and between a main building and an accessory structure.
b. No detached accessory structure shall be located within three (3) feet of an interior
property line.
c. Detached accessory structures shall be located in the rear half of the lot, excluding
detached garages, which shall not extend into the required front setback for the main
building.
d. On a corner lot no accessory buildings shall be located less than twenty (20) feet from
the side street line.
e. On reverse corner lots, accessory structures located on the rear twenty five (25) feet
of the lot shall not extend beyond the required front yard of the abutting key lot.
f. When the slope of the front half of a lot is greater than a one (1) foot rise or fall in a
horizontal distance of four (4) feet from the established street elevation at the front
property line, one attached or detached garage may be permitted to occupy the
required front yard of an interior lot. However, no portion of any such garage shall be
less than five (5) feet from the side or front property line and the garage shall not
exceed ten (10) feet in height.
g. Portable shade structures shall not be located in a side or front yard. Temporary,
portable shade structures may be permitted in the rear yards, subject to the approval
of a site plan approval, provided that they are not visible from the public right-of-way,
that they meet all applicable setback and height requirements for accessory structures
and that they do not obstruct access to required parking. Such temporary structures
shall be maintained in good condition. Torn fabric, bent or broken support members
shall be replaced or repaired as needed. Any temporary structure maintained in
disrepair shall be repaired, replaced, or removed from the site. Reflective, mirror-type
material is prohibited. Temporary structures are subject to building coverage
requirements and shall be included in the maximum lot coverage.
h. In the R-3 zone there shall be a minimum distance of fifteen (15) feet measured
horizontally between a swimming pool and the nearest point of a balcony, porch,
second story patio, sun deck, or other architectural feature of a building or structure
with windows, doors, or other openings of sufficient size to permit the passage of
persons.
4. Garages. The capacity of a garage shall not exceed three (3) automobiles and seven
hundred and fifty (750) square feet per dwelling unit.
5. Architectural consistency. All accessory structures on a permanent foundation shall be
consistent in exterior appearance with the primary structure through the use of
similar/matching exterior paint colors, material types, and architectural styles.
6. Site plan review. A site plan review shall be required for any accessory structure greater
than one hundred and twenty (120) square feet, whether the total area is in one building
or cumulatively in multiple buildings, including storage structures and workshops but not
including required garages.
Chapter 17.12 RESIDENTIAL ZONING DISTRICTS
Sections:
17.12.010 Purpose.
17.12.020 Residential district land uses and permit requirements.
17.12.030 Residential district development standards.
17.12.010 Purpose.
The purpose of the individual residential zoning districts and the manner in which they are
applied are as follows:
A. Single-family residential (R-1) district.
The R-1 zoning district identifies areas characterized by single-family dwellings. The
standards of the R-1 district are intended to protect the existing density and maintain the
character of the City's single-family residential neighborhoods, consistent with the General
Plan Low Density Residential land use designation.
B. Light multiple residential (R-2) district.
The R-2 zoning district identifies areas characterized by single-family dwellings and
duplexes. The R-2 standards are intended to maintain the character of existing
neighborhoods while allowing the opportunity for duplex and smaller lot single-family
development that is consistent with the General Plan Medium Density Residential land use
designation.
C. Medium multiple residential (R-3) district.
The R-3 zoning district identifies areas characterized by higher density attached homes,
apartments, and condominiums. The standards of the R-3 district are intended to ensure
that new development is compatible with the character of existing neighborhoods while
allowing for a mix of housing types, consistent with the General Plan High Density
Residential land use designation.
17.12.020 Residential district land uses and permit requirements.
Table 17.12.020.1, Uses in Residential Districts, identifies the uses of land allowed in each
residential zoning district, and the land use permit required, if any, to establish each use.
Where the last column in the tables (Specific Use Regulations) includes a section reference
number, the regulations in the referenced section apply to the use in addition to those shown
in the table.
Table 17.12.020.1
Uses in Residential Districts
Land Use Requirements by District Specific Use Regulations
R-1 R-2 R-3
Residential Uses
See section 17.12.030 for district specific
Single-family Dwellings P P P requirements. See Chapter 17.42 for
Manufactured Homes.
Two-family Dwellings (Duplex) P P See section 17.12.030 for district specific
requirements.
Multiple family Dwellings D See sections 17.12.030 for district specific
R requirements.
See Article 3, Chapter 17.30,Section
Second Accessory Dwelling Unit, Single story P P P 17.30.190 (Seeend Accessory Dwelling
Units)
Second Dwelling Unit,Two story Gt4P GNP CUPS See-Article 3,Chapter 17.30,Section
Mobile Home Parks CUP CUP CUP See Article 3,Chapter 17.46(Mobile Home
Parks and Park Conversions)
Care Uses
See Article 3,Chapter 17.30, Section
Child Care Home, Small Family(8 or fewer) P P P 17.30.160(Large and Small Family Child
Day Care Home Facilities)
See Article 3, Chapter 17.30,Section
Child Care Home, Large Family(9 to 14) AUP AUP 17.30.160(Large and Small Family Child
Day Care Home Facilities)
Residential Care Facilities(6 or fewer) P P P
Residential Care Facilities(7 or more) CUP CUP
Supportive Housing P P P
Transitional Housing P P P
Notes:
P Permitted Use DR—Discretionary Design Review
A Permitted Accessory Use
AUP Administrative Use Permit Required
CUP Conditional Use Permit Required
-- Use Not Allowed
Table 17.12.020.1
Uses in Residential Districts
(Continued)
and Use Requirements by District Specific Use Regulations
R-1 R-2 R-
Agriculture and Animal-Related Uses 11!
A A A See Title 6(Animals)of the Municipal
Animal Keeping Code
Horticulture—Private A A A
Other Uses
See Section 17.12.030 and Article 3
Accessory Structures A A A Chapter 17.32(Accessory Structures)
Educational Institution-Private CUP CUP CUP
Educational Institution-Public P P P
Home Occupations, including Cottage FoodA A A See Title 5,Chapter 5.41 (Home
Operations. Occupations)
Lighted outdoor sporting field or court CUP CUP CUP See Article 4,Section 17.68.060
(tennis,basketball,etc.).
Places of Religious Assembly CUP CUP CUP
Public Buildings and Facilities AUP AUP AUP
Public Utility Facilities P P P
Telecommunication Facilities,not including CUP CUP CUP
Wireless Telecommunication Facilities
Temporary Uses and Special Events See Article 5,Chapter 17.124 (Temporary Use Permits and Special
Events)
Notes:
P Permitted Use
A Permitted Accessory Use
AUP Administrative Use Permit Required
CUP Conditional Use Permit Required
-- Use Not Allowed
17.04.050 Definitions — general.
For use in this Title certain terms are hereby defined. Words used in the present tense shall
include the past and future tense and vise versa. Words in the singular form shall include the
plural form and vice versa. The words "shall" and "will" are mandatory and the words "should"
and "may" are permissive.
Words and phrases used in the Zoning Code and not specifically defined shall be construed
according to the context and common usage of the language and as ultimately determined by
the Community Development Director.
For the purpose of carrying out the intent of this title, certain terms, words, and phrases
are defined and shall be deemed to have the meaning ascribed to them as follows:
"Accessory Structure"
"Nonresidential Accessory Structure" means an attached or detached structure
that is a part of, and clearly incidental and secondary to, a nonresidential structure
and that does not change the character of the nonresidential structure. Illustrative
examples of these structures include:
• Decks.
• Fences.
• Garages.
• Gazebos.
• Kiosks and carts for selling beverages, food, clothing, phones, toys, etc.
• Outdoor fireplaces.
• Outdoor kitchens.
• Outdoor play equipment.
• Patios.
• Platforms.
• Porches.
• Refuse collection structures/trash enclosures.
• Spas and hot tubs.
• Storage or work sheds.
• Swimming pools.
• Tennis and other on-site sport courts.
• Terraces.
• Walls.
• Workshops.
"Residential Accessory Structure" means an attached or detached structure that is
a part of, and clearly incidental and secondary to, a residence and that does not change
the character of the residential structure. Does not+Includes second accessory dwelling
units. Illustrative examples of these structures include:
• Decks.
• Fences.
• Garages.
• Gazebos.
• Greenhouses (noncommercial).
• Outdoor play equipment.
• Patios.
• Platforms.
• Porches.
• Spas and hot tubs.
• Storage or work sheds.
• Swimming pools.
• Tennis and other on-site sport courts.
• Terraces.
• Walls.
• Workshops.
"Accessory Use" means an activity on a property that is incidental and subordinate to the main
use of the site.
"Acupuncture" means a form of medical treatment involving the use of pressure, needles, or
similar applications.
Adult Business" means any business establishment or concern that, as a regular and
substantial course of conduct, performs or operates as an adult arcade, adult cabaret, adult
model studio, adult store or adult theater, or any combination thereof. It also means any
business establishment or concern that, as a regular and substantial course of conduct, sells
or distributes sexually oriented merchandise or sexually oriented material; or any other
business establishment or concern that, as a regular and substantial course of conduct, offers
to its patrons products, merchandise, services or entertainment characterized by an emphasis
on matters depicting, describing, or relating to specified sexual activities or specified
anatomical areas. Adult business does not include those uses or activities, the regulation of
which is preempted by state law. (See Chapter 17.30 Section 17.30.030 (Standards for Specific
Land Uses) and Chapter 5.08, pertaining to the licensing and regulation of Adult Businesses.
"Alcohol Beverage Sales"
"Alcohol Sales, Off-Sale" means any establishment in which alcoholic beverages are
sold, served, or given away for consumption off the premises. References to the
establishment shall include any immediately adjacent area that is owned, leased,
rented, or controlled by the licensee.
"Alcohol Sales, On-Sale" means any establishment in which alcoholic beverages are
sold, served, or given away for consumption on the premises and where the owner is
applying for or has obtained any ABC Licenses for on-site consumption. References to
the establishment shall include any immediately adjacent area that is owned, leased,
rented, or controlled by the licensee.
(See Article 3, Chapter 17.30 (Standards for Specific Land Uses), Section 17.30.040 for
Alcohol Beverage Sales regulations.)
"Alley" means a public way, other than a street, permanently reserved as a secondary means
of vehicular access to abutting property.
"Ambulance Fleet Services" means a base facility where ambulances and similar vehicles are
parked and from which they are dispatched, and/or where ambulance vehicles and crews are not
based at a hospital or fire department stand by for emergency calls.
"Animal Hospital/Clinic" see "Veterinary Services".
"Animal Sales and Services"
"Animal Boarding/Kennels" means the commercial provision of shelter and care for dogs,
cats, other household animals, and horses (where allowed), including activities associated with
such shelter and care (i.e., feeding, exercising, grooming, and incidental medical care).
"Animal Grooming" means the commercial provision of bathing and trimming services for
dogs, cats, and other household animals permitted by this Development Code. Overnight
boarding is not allowed.
"Animal Retail Sales" means the retail sales of household animals within an entirely enclosed
building. This use includes grooming, if incidental to the retail use, but specifically excludes
boarding of animals other than those for sale.
"Antique" means any article which because of age, rarity, or historical significance has a
monetary value greater than the original value, or which has an age recognized by the United
States Government as entitling the article to an import duty less than that prescribed for
contemporary merchandise.
"Apartment" means a room or a suite of two or more rooms in a multiple dwelling, occupied or
suitable for occupancy as a residence for one family.
"Apartment House" means a building containing three or more apartments each of which
is designed for occupancy or occupied by a person or family living independently of the
other apartments or units in the building.
"Apartment Studio" means a small apartment usually consisting of one main living space, a
small kitchen, and a bathroom.
"Arcade" means an establishment that provides four or more amusement devices, whether or
not the devices constitute the primary use or an accessory or incidental use of the premises.
Amusement devices means electronic or mechanical equipment, game, or machine that is played
or used for amusement, which when so played or used involves skill and which is activated by
coin, key, or token, or for which the player or user pays money for the privilege of playing or using.
See also "Internet/Cyber Café".
"Architectural Feature" means any part of the structure that is part of the design and creates
the style of the building or structure such as windows, eaves, trim, porches, etc.
"Assembly/meeting facilities, Public or Private" means a facility for public or private assembly
and meetings. Illustrative examples of these uses include:
• Banquet rooms.
• Civic and private auditoriums.
• Community centers.
• Conference/convention facilities.
• Meeting halls for clubs and other membership organizations.
• Places of Religious Assembly, including limited associated accessory uses (i.e., religious
school activities that are not full-time, residence for clergy, and office space. and excluding
schools with regular daily sessions.)
• Sports stadiums and arenas.
• Also includes functionally related internal facilities (i.e., kitchens, multi-purpose rooms,
storage, etc.), and functionally associated accessory uses (e.g. temporary aid shelters to
provide humanitarian assistance). Does not include conference and meeting rooms that
are accessory and incidental to another principal use and typically used only by on-site
employees and clients, and that occupy less floor area on the site than the principal use
they support. Does not include sports or other commercial entertainment facilities (see
`Commercial Recreation and Entertainment"). Does not include funeral homes and
mortuaries (see"Funerals Homes and Mortuaries"). Related on-site facilities including day
care centers and schools are separately defined (see "Educational Institute").
"ATM (Automated Teller Machine)" means an automated device used by the public to conduct
banking and financial transactions electronically (i.e. withdrawing cash from, or depositing cash
or checks into, a bank, savings and loan, credit union, credit card or similar account). This does
not apply to retail point-of-sale transactions within a fully enclosed location. This also refers to
machines located on properties separate from financial institutions.
"Attic" means the area located between the top plate and the roof or ridge of a building, as
further defined in the Building Code (see Figure 17.04.050.1).
Figure 17.04.050.1 — Attic
Attic
2nd Floor
til
1st Floor
"Automobile Car Wash" means establishments engaged in the washing, waxing, or
cleaning of automobiles or similar light vehicles.
"Full Service" means a car wash establishment where operating functions are
performed entirely by an operator/owner with the use of washing, waxing, and drying
equipment.
"Self-Service or Accessory" means an establishment where washing, drying,
polishing, or vacuuming of an automobile is done by the car driver or occupant.
"Automobile Lube and Tune Facility" means an establishment that provides minor
maintenance services for automobile engines and brake systems. Such businesses are
characterized by short service visits. Overnight outdoor parking or storage of automobiles
being serviced is prohibited.
"Automobile Parts and Accessory Store" means a retail place of business selling or
furnishing automobile supplies and parts. No repair work of any kind may be conducted in
conjunction with such use.
"Automobile Rental or Leasing" means a place of business used for the storage and
display of complete and operative automobiles for the purpose of renting or leasing said
vehicles on a short or long term basis.
"Automobile Repair Garage" means a business conducted within a fully enclosed building
which services and repairs motor vehicles, but exclusive of all body and fender repair or
painting, steam cleaning, mechanical and non-mechanical car washing, recapping of tires,
engine or transmission overhauling or replacement and other major repairs.
"Automobile Service Station" means a retail business establishment limited to the sale of
motor fuels and supplying goods and services generally required in the operation and
maintenance of automotive vehicles and the fulfilling of motorists' needs. These may include
sale of petroleum products; sale and servicing of tires, batteries, automotive accessories and
replacement items; washing and lubrication services; the performance of minor automotive
maintenance and repair; and the supplying of other incidental customer services and products.
Major automotive repairs, painting and body fender work are excluded except where such
uses are otherwise permitted. "Service station" as used herein does not include chain,
automatic or coin-operated wash racks.
"Bachelor Apartment" means a studio unit, an apartment, or dwelling unit in a multiple
dwelling or apartment house, occupied or suitable for occupancy as a residence for one
person. A bachelor apartment contains bath and cooking facilities and one room used for
living room and sleeping with no separate bedroom.
"Bar/Cocktail Lounge" means a saloon, bar, pub, tavern, or similar place used primarily for
drinking alcohol and designed for social interaction and/or entertainment.
"Basement" means an area of a building or structure that is partially above ground and having
no more than fifty (50) percent of its height, at any point, above finish grade on each and
every side. A basement is not considered a floor or story unless more than fifty (50) percent
of its height is above finished grade.
"Beauty shop" means a commercial establishment that sells beauty and health products
and/or provides personal care and grooming services such as hair cutting and styling, nail
care, facial hair removal, and non-permanent make-up application to the face. A "Beauty
Shop" does not include electrolysis, facials, skin care and skin treatment services, massage,
reflexology, tanning, body wrapping or weight management.
"Beauty/Health Spa" means a commercial establishment, such as a (nonmedical) health spa or
day spa, providing a comprehensive range of beauty, health, relaxation, and personal care and
grooming services including, but not limited to, hair cutting and styling, facials and skin care, skin
treatments, aesthetician services, nail care, hair removal, electrolysis, cosmetics, tanning, body
wrapping, weight management, and massage.
"Bedroom" means an enclosed space within a dwelling unit that is designed for sleeping has
a permanent door permitting closure and separation from all kitchen, living room, and hallway
areas and complies with the Uniform Building Code requirements for a bedroom.
"Berm" means a raised earthen area (see Figure 17.04.050.2)
Figure 17.04.050.2 - Berm
DOM a
"Body Art" means art made on, with, or consisting of, the human body. The most common
forms of body art are tattoos and body piercing.
"Body Art Establishment" means a single business location, which is engaged in the
creation of body art, such as tattoo parlors. Body Art Establishments shall not include beauty
salons, and/or similar establishments, that provide permanent cosmetics to the human face
as a means of producing designs that resemble makeup to the skin of the face, including, but
not limited to, the permanent coloring of the eyebrows, lip line, eye line, and/or eyelashes.
Such beauty salons, and/or similar establishments shall operate pursuant to a valid
cosmetology license and in accordance with any and all state, county, and city regulations.
"Body Branding" means impressing or burning a mark or figure on the skin of a person with
a hot object or flame.
"Body Scarring" means any method by which a scar is applied to or left upon a body.
"Breezeway" means a structure with a roof and open sides that connects two buildings.
"Building" means a permanently located structure having a roof supported by columns or
walls for the shelter, housing or enclosure of persons, animals, personal property of any kind.
"Building Height" means the vertical distance from the average finished ground level of
the site to the highest point of the roof. In cases of ambiguity and for unique architectural
elements, the determination of building height will be determined by the Community
Development Director.
"Building Site" means the ground area of a building or group of buildings together with all open
spaces as required by this Zoning Code.
"Business and Business Activity" means any sole proprietorship, partnership,joint venture,
corporation, or other business entity formed for profit-making purposes.
"California Licensed Medical Professional" means a physician, surgeon, chiropractor,
acupuncturist, osteopath, nurse, psychiatrist, physical therapist who is duly licensed to practice
his or her respective profession in the State of California and who performs activities
encompassed by such professional license.
"Carport" means a permanent roofed structure with not more than two enclosed sides used
or intended to be used for automobile shelter and storage. Carports cannot be used to satisfy
the off-street parking requirements of this Title.
"Catering Service" means a business which primary function is to prepare food for distribution
off the premises. It shall not include a business which primary function is the sale of individual
meals or portions thereof on the premises.
"Church" see "Places of Religious Assembly".
"Club" means any building or premises used by an association of persons, whether
incorporated or unincorporated, for some common nonprofit purpose, but not including groups
organized primarily to render a service carried on as a business.
"Commercial Recreation and Entertainment" means establishments providing participant or
spectator recreation or entertainment, either indoors or outdoors, for a fee or admission charge.
Illustrative examples of these uses include:
• arcades or electronic games (see "Arcade")
• batting cages
• country clubs
• family fun centers
• golf courses
• internet/cyber cafés (see "Internet/Cyber Café")
"Community Development Director" means the Director of the City of Rosemead Community
Development Department or his or her designee.
"Conditional Use Permit" means a discretionary permit required for certain uses specified in
this Code to provide for the thorough review of such proposed uses and their associated
structures and other improvements, with the intent of ensuring that if approved, such use can
be operated in a manner compatible with surrounding uses. See Article 5, Chapter 17.132
(Conditional Use Permits).
"Convalescent Facility" see "Residential Care Facility".
"Convenience Store" means easy access retail stores selling a combination of alcohol,
gasoline, or a range of merchandise to provide a variety of items primarily for the motoring
public.
"Corner Cutoff Area" means a portion of a corner lot or parcel of land which is maintained in
a manner to provide adequate and safe visibility for vehicular and pedestrian traffic wherever
streets and alleys converge.
"Cottage food operation" means an enterprise within the registered or permitted area of a
dwelling unit where the cottage food operator, as defined by California Health and Safety Code
113758, resides and where cottage food products pursuant to California Health and Safety
Code 113758 are prepared or packaged for direct, indirect, or direct and indirect sale to
consumers.
"Cultural Institution" means any facility such as a museum or library that displays or preserves
objects of community or cultural interest relating to one or more of the arts or sciences. This
use includes libraries, museums, and art galleries.
"Day Care, General" are establishments that provide nonmedical care for 15 or more persons
on a less than a 24-hour basis, including nursery schools, preschools, and day care centers for
children or adults. Such use must comply with all applicable State regulations, and specifically
those set forth in the California Health and Safety Code commencing with Section 1596.70, to
be considered a General Day Care facility. General Day Care establishments may be accessory
to an industrial, commercial or institutional use, as may be allowed by Article 2 of this Zoning
Code.
"Day Care, Limited" means nonresidential, nonmedical care and supervision of 14 or fewer
persons on a less than 24-hour basis.
Child Day Care:
"Child Care Home, Small Family (8 or fewer children)" means day care facilities located
in single-family dwellings where an occupant of the dwelling provides care and supervision
for eight or fewer children. Children under the age of 10 years who reside in the dwelling
count as children served by the day care facility. Such use must comply with all applicable
State regulations, and specifically those set forth in the California Health and Safety Code
commencing with Section 1596.70, to be considered a small family child care home.
"Child Care Home, Large Family (9 to 14 children)" means day care facilities located in
single-family dwellings where an occupant of the dwelling provides care and supervision for
nine to 14 children. Children under the age of 10 years who reside in the dwelling count as
children served by the day care facility. Such use must comply with all applicable State
regulations, and specifically those set forth in the California Health and Safety Code
commencing with Section 1596.70, to be considered a large family child care home. See
"Day Care, General" for facilities serving 15 or more children.
"Adult Day Care" see "Day Care, General".
r "Developed Living Area" means the sum of the areas of all floors of a building approved for
residential use as measured from the interior faces of exterior walls.
"Disability" means a physical or mental impairment that limits or substantially limits one or
more major life activities. A person with a disability is anyone who is regarded as having such
impairment or anyone who has a record of such impairment.
"Discretionary Permit" means a permit that is subject to the evaluation, judgment, and approval
or denial by the Rosemead Planning Commission and/or the Rosemead City Council.
"Donation Box" means a bin, storage shed, or similar facility measuring no more than eight
I
feet wide by eight feet long and eight feet high, and established as an accessory use to a primary
use for the purpose of providing a collection location for donated clothes, shoes, and small
household items. Such facilities generally are established by a charitable or non-profit
organization.
"Drive-Through or Drive-Up Facilities" means an establishment that sells products or
provides services to occupants in vehicles, including drive-in or drive-up windows and drive-
through services. Examples include fast food restaurants, banks, and pharmacies.
"Driveway" means a paved access from a street or alley to a garage or other parking area;
a driveway may include the space required to turn or maneuver a motor vehicle into and out
of such parking area.
"Dwelling" means a structure or portion thereof designed exclusively for permanent
residential purposes, but not including hotels, motels, emergency shelters, or extended stay
locations.
4
"Dwelling Unit" means any structure or portion thereof designed for living and sleeping
purposes that contains independent cooking and sanitation facilities.
"Multi-Family Dwelling Unit" means a structure or portion thereof containing three or
more dwelling units designed for the independent occupancy of three or more households.
"Primary Dwelling Unit" means an existing single-unit residential structure on a single
lot with provisions for living, sleeping, eating, a single kitchen for cooking, and sanitation
facilities, and occupied by one household.
"Single-Family Dwelling Unit" means a detached structure containing no more than one
dwelling unit which, regardless of form of ownership, is designed and/or used to house
not more than one household, including all domestic employees for such household.
"Second Accessory Dwelling Unit" means an attached or a detached residential
dwelling unit, which provides complete independent living facilities for one or more
persons. It shall include permanent provisions for living, sleeping, eating, cooking, and
sanitation on the same parcel as the single-family dwelling is situated. means an attached
sanitation on the same parcel as an existing qualified primary dwelling unit is situated.
"Two-Family Dwelling (Duplex) Unit" means a building containing two complete
dwelling units designed for the independent occupancy of two households.
See also "Manufactured Housing" and "Mobile Housing Unit".
"Easement" means a recorded right or interest in the land of another, which entitles the holder
thereof to some use, privilege or benefit out of or over the real property without possessing it.
An access easement is a right granted by a landowner to certain other property owners, or
the general public, to travel across the landowner's property for access.
"Eating and Drinking Establishments"
"Accessory Food Service" means an establishment that sells food and/or beverages as
an accessory use in a retail, office, or institutional structure and that does not change the
character of the primary use.
"Bar, Lounges, Nightclubs, Taverns (includes independent or accessory
establishments)" means any establishment that sells or serves alcoholic beverages for
consumption on the premises and is holding or applying for a public premise license from
ABC and in which persons under 21 years of age are restricted from the premises.
References to the establishment shall include any immediately adjacent area that is owned,
leased, rented, or controlled by the licensee.
"Fast Food" means a restaurant which supplies food and beverages primarily in disposable
containers and which is characterized by high automobile accessibility, self-service, and
short stays by customers.
"Outdoor Dining" means a dining area with seats and/or tables located outdoors of a sit-
down restaurant, fast food, or other food service establishment. Outdoor dining is located
entirely outside the walls of the contiguous structure or enclosed on one or two sides by the
walls of the structure with or without a solid roof cover.
"Restaurant, Sit-down" means an establishment engaged in the business of selling food
and beverages, including alcoholic beverages, prepared on site for primarily on-site
consumption. Food and beverages are served to the customer at a fixed location (i.e., booth,
counter, or table). Food and beverages are ordered from a menu. Customers typically pay
for food and beverages after service and/or consumption. The sale or service of
sandwiches, whether prepared in the kitchen or made elsewhere and heated on the
premises, or snack foods, shall not constitute a sit-down restaurant.
"Take-Out Service" means an establishment that offers a limited variety of food or
beverages. Transactions are sales for off-site consumption. Customers are served either
at a counter or service window. Incidental seating (less than 250 square feet of seating
area) may be provided for limited on-site consumption of food or beverages. Typical uses
include bakeries, coffee stores, ice cream and frozen dessert stores, delivery-only pizza
establishments, small delicatessens, and similar establishments.
"Eave" means the part of a roof that overhangs an exterior wall.
"Educational Institute" means any public, private, or parochial elementary, junior high, high
school, university, or other school giving general academic instruction in the several
branches of academic learning, which has five (5) or more students. Educational Institutes
do not include trade schools, which are defined separately herein.
"Electronic Game Center" see "Arcade".
"Emergency Health Facility" means establishments that provide emergency medical service
(i.e., outside normal physician office hours or before a physician appointment is available) with
no provision for overnight or continuing care on an inpatient basis. Also includes "urgent care"
facilities and walk-in clinics. Does not include hospitals (see "Hospital").
"Emergency Shelter"
"Emergency Shelter" shall mean any establishment operated by an Emergency Shelter
Provider that provides homeless people with immediate, short-term housing for no more
than six (6) months in a twelve (12) month period, where no person is denied occupancy
because of inability to pay. Emergency Shelters may also provide shelter residents with
additional supportive services such as food, counseling, laundry, and access to other
social programs. Emergency Shelters may have individual rooms and common areas for
residents of the facility, but may not be developed with individual dwelling units, with the
exception of a manager's unit
"Emergency Shelter Provider" shall mean a government agency or non-profit
organization that provides emergency or temporary shelter, and which may also provide
meals, counseling, and access to other social programs. This definition does not include
such emergency shelters as may be provided for relief following a natural disaster or
during a state of emergency or those provided at a place of religious assembly for less
than five (5) days in any thirty (30) day period.
"Temporary Aid Center" shall mean any establishment that provides homeless and low-
income people with short-term services, where no person is denied assistance because
of inability to pay. Temporary aid centers provide supportive services such as food,
clothing, counseling, laundry, and access to other social programs, but do not provide
overnight shelter. This use does not include establishments that function as medical or
professional offices and provide social services.
"Equipment Rental Yard" means service establishments primarily engaged in the outdoor
storage and rental of construction equipment, materials or supplies, machinery or industrial
supplies.
"Establishment" see "Business and Business Activity".
"Façade" means one side of the exterior of a building, generally the front, but also may include
the sides and rear. In architecture, the facade of a building is often the most important from
a design standpoint, as it sets the tone for the rest of the building.
"Family" means any group of individuals living together as the functional equivalent of a family
where the residents may share living expenses, chores, eat meals together and are a close group
with social, economic, and psychological commitments to each other. A family includes, for
example, the residents of residential care facilities and group homes for people with disabilities.
A family does not include larger institutional group living situations such as dormitories,
fraternities, sororities, monasteries, or nunneries.
"Farmers' Market" means an outdoor market certified for direct retail sales by farms to the public
by the State or County Agricultural Commission under California Code of Regulations Title 3,
Chapter 3, Article 6.5. Farmers' Markets can also include limited sales of crafts and goods.
"Financial Service or Institution" means a company specializing in consumer loans and
lines of credit and other financial services such as a bank, savings and loan, credit union,
mortgage office, or automated teller machine (ATM). This does not include check cashing,
payday loan, or any similar establishment.
"Fence" means a freestanding structure designed to restrict or prevent movement across a
boundary or to mark the boundary of an area.
IIIllIIT'P''
"Floor" means a unit of building height to be used as an alternative term to story.
"Floor Area" means the total floor space in terms of square footage occupied by an owner,
lessee, or renter in a building except:
1. Elevator shafts;
2. Stairwells;
3. Courts or atriums uncovered and open to the sky;
4. Rooms exclusively housing building operating equipment; and
5. Parking areas.
"Floor-area ratio (FAR)" means the total square-footage of floor area on a lot divided by
the gross area of the lot. Such calculation shall include only those structures intended for
permanent habitation. For all subdivisions and unimproved vacant lots FAR calculations shall
use the net area of the proposed lot.
"Fortunetelling" means a business that professes to foretell future events. No such business
shall be conducted in a structure utilized for residential purposes. No such business qualifies
as a home occupation.
"Frontage" is the face of a building or length of a lot that is parallel to, or is at a near parallel
angle to a public street or public parking area.
"Funeral Homes and Mortuaries" means establishments engaged in the provision of services
involving the care, preparation, or disposition of human remains other than in cemeteries. May
or may not include crematories and/or mortuaries. No internment is provided on site. May
include areas for assembly services and living quarters for funeral home/mortuary manager.
"Garage" means an accessory structure or portion of the main building permanently roofed
and enclosed on all sides, which is designed or used for the shelter of motor vehicles.
"General Plan" means the General Plan for the development of the City adopted by the City
Council. •
"Glare" means the shining of bright or intense light on a property.
"Government Facilities" means a building or structure owned, operated, or occupied by a
governmental agency to provide a governmental service to the public.
"Grade, Existing" means the surface of the ground or pavement at a stated location as it exists
before disturbance in preparation for a project regulated by this Zoning Code.
"Grade, Finished" means the elevation of the surface of the ground adjoining the building at the
completion of a project regulated by this Zoning Code.
"Grade (ground level)" is the average of the finished ground level at the center of all walls of
a building, except in cases where walls are parallel to and within five feet of a sidewalk,
ground level shall be measured at the sidewalk.
"Group Home" means any residential care facility licensed by the State of California for
11
occupation by six or fewer persons. See definition under Title 22 (Social Security) in the California
Code of Regulations (Section 80001[g]).
"Hardscape" means areas such as patios, decks, driveways, paths, and sidewalks that do not
require irrigation.
"Health/Fitness Facilities"
"Health/Fitness Facilities (Small)" means an indoor facility of 2,000 square feet or less in
size where passive or active exercises and related activities are performed using minimal
muscle-building equipment or apparatus for the purpose of physical fitness, improved
circulation or flexibility, and/or weight control. Examples of uses include Pilates, personal
training, yoga, and martial arts studios.
"Health/Fitness Facilities (Large)" means a full-service fitness center, gymnasium, or health
and athletic club which is over 2,000 square feet in size and may include any of the following:
sauna, spa or hot tub facilities; weight rooms; indoor tennis, handball, or racquetball courts;
aerobic classes and other indoor sports activities; locker rooms and showers.
"Hedge" means a line of closely spaced shrubs and tree species, planted and trained in
such a way as to form a barrier or to mark the boundary of an area.
"Heliport" means an area used for the landing, parking, or takeoff of helicopters including
operations facilities (i.e. fueling, loading and unloading, maintenance, storage, terminal
facilities, etc.).
"Helistop" means a single pad used for the landing, parking, or takeoff of one helicopter and
other facilities as may be required by Federal and State regulations, but not including operations
facilities (i.e. fueling, loading and unloading, maintenance, storage, terminal facilities. etc.).
"Homeowners Association" means an organization of homeowners whose major purpose is
to maintain and provide community facilities and services for the common benefit of the
residents.
"Home Occupation" means a business, occupation, or activity conducted as an accessory
use within a dwelling unit incidental to the residential use of the property and in which there
is no display, no stock or trade commodity sold on the premises, and which the appearance
gives no indication of any use other than residential.
"Horticulture" means the study and practice of cultivating plants, such as growing fruit,
flowers, ornamental plants, and vegetables in small gardens. Horticulture usually refers to
gardening on a smaller scale, while agriculture refers to the large-scale cultivation of crops.
"Horticulture, Commercial" means the cultivation of agricultural products for retail or
wholesale sales. Includes plant nurseries.
"Horticulture, Private" means the cultivation (but not sale) of agricultural products for
use or consumption only by the property owner or tenant.
"Hospital" means a facility providing medical, surgical, psychiatric, or emergency medical
services to sick or injured persons, primarily on an inpatient basis. This use includes
incidental facilities for outpatient treatment, as well as training, research, and administrative
services for patients and employees. This excludes sanitariums and residential care
facilities.
"Hotel" means a building or a portion of a building containing guest rooms intended or designed
to be used or which are used, rented, or hired out to be occupied or which are occupied for
temporary or overnight accommodations, but not used as the legal residence or principal
dwelling place of the occupant(s). Entrance to all guest rooms must be from completely
enclosed interior halls.
"Industry" means establishments engaged in the manufacturing of finished parts or products,
either from raw materials or previously prepared materials, within an enclosed structure. This
includes processing, fabrication, assembly, treatment, testing (i.e., laboratories), packaging,
incidental office storage, sales, and distribution of the parts or products; and laundry and dry
cleaning plants.
"Industry, Light" means the manufacture and/or processing of consumer-oriented goods in
a manner that does not produce noticeable odors, air emissions, or other environmental
effects, and that has limited associated trucking activity. Light industries generally require
limited amounts of raw materials to produce goods. Examples of light industries include, but
are not limited to, the manufacture of clothes, shoes, furniture, consumer electronics, and
household items.
"Industry, Heavy" means the manufacture and/or processing of materials and goods utilizing
large quantities of raw materials, and generally requiring high capitalization and production of
large quantities of output. Heavy industry often sells output to other business users rather
than consumers. Characteristics of heavy industry include, but are not limited to, heavy
trucking activity, noise, emissions requiring federal or state environmental permits, use of large
quantities of hazardous materials as defined the U.S. Environmental Protection Agency, and
requirement for specialized permits from federal and state occupational health and safety
agencies.
"Internet Café and Game Arcade" means an establishment that provides more than three
computers and/or other electronic devices to the public for compensation and/or for public access
to that system commonly referred to as the "internet" for the purpose of e-mail, playing video
games over the Internet or other network system, and/or access to other computer software
programs. Internet cafe is also synonymous with PC cafe, cyber cafe, internet gaming center,
computer/internet rental and cyber centers. See "Commercial Recreation and Entertainment".
"Karaoke entertainment means an accessory entertainment use consisting of a musical
rendition in which participant(s) sing words accompanied by popular recordings from which the
vocals have been removed and the results of which are professionally mixed and amplified
for play-back entertainment of other patrons.
"Karaoke TV (KTV) studio" means an establishment offering participatory Karaoke
entertainment as a primary use, where patrons perform semi-privately in booths or rooms
reserved for such purpose.
"Kennel" see "Animal Sales and Services, Animal Boarding/Kennels".
"Kitchen" means any room all or part of which is designed and/or used for the cooking and
other preparation of food.
"Landscaping" means any combination of native or exotic plants, lawn, groundcover, trees,
shrubs, and other plant materials, plus decorative outdoor and complementary elements such as
pools, fountains, water features, paved or decorative walkways or surfaces of rock, stone, brick,
block, or similar material (excluding driveways, parking, loading, or storage areas), and sculptural
elements. Plants on rooftops or porches or in boxes attached to structures typically are not
considered landscaping.
"Large collection facility" means a center for the acceptance by donation, redemption or
purchase of recyclable materials from the public. Such a facility does not use power-driven
processing equipment and is two hundred (200) square feet or greater in floor space and is
located on the same parcel as the principal use.
"Laundry and Dry Cleaning Services"
"Laundry/Dry Cleaning Services — Off-Site" means establishments that serve as pick-up
and drop-off locations for dry cleaning only, with no cleaning equipment located onsite. This
use does not include a self-service laundry establishment, which is classified separately.
"Laundry/Dry Cleaning Services — On-Site" means establishments that provide
laundering and dry cleaning services on-site. The establishment may include related
services such as tailoring.
"Laundry/Self-Service" means any establishment for laundering where there is no
pickup or delivery service and no steam or hand laundry of any type, and where there is
no intermingling of customers' laundry.
"Live Entertainment" "means music, comedy, readings, dancing, acting, or other entertainment
performed on a site. This includes dancing by patrons to live or recorded music. Live
Entertainment may only occur on a site upon approval of a City of Rosemead Business License.
"Lot" means a parcel of real property shown as a delineated parcel with a number or other
separate designation on a plat recorded in the office of the County Recorder, or a parcel the
dimensions or boundaries of which are defined by a record of survey recorded pursuant to the
provisions of the Subdivision Map Act of the state, in the office of such recorder, or a parcel
the dimensions and boundary of which are shown on a plot plan or map filed, finally approved
and in effect pursuant to Title 16 of this code, or a parcel containing not less than the
minimum square footage required in the zone in or a parcel held under separate ownership
and lawfully separated in ownership prior to the effective date of this chapter and all applicable
predecessor ordinances, and abutting upon a street or private easement.
"Lot, Corner" means a lot situated at the intersection of two or more streets. (See Figure
17.04.050.3)
Lot, Flag" means a lot whose shape or property line configuration is created in a
manner which utilizes an extension of property for the exclusive purpose of obtaining
vehicular and pedestrian access to a public street. New flag lot subdivision is prohibited in
the City of Rosemead.
"Lot, Interior" means a lot other than a corner lot. (See Figure 17.04.050.3)
"Lot, Reversed Corner" means a corner lot the side street line of which is substantially
a continuation of the front lot line on the first lot to its rear. (See Figure 17.04.050.3)
"Lot, Through" means a lot having frontage on two parallel or approximately parallel
streets. (See Figure 17.04.050.3) •
Lot Area" means the total area within the boundary lines of a lot or parcel; provided, however,
that the following shall be excluded from the computation thereof:
1. Any portion of the lot or parcel which serves as an access easement to any other lot or
building site; or
2. Any portion of the lot or parcel which serves as an improved surface flood control project
under the jurisdiction of any public agency.
For the purpose of determining area in the case of an irregular, triangular, or gore-shaped lot,
a line ten feet in length within the lot and furthest removed from the front lot line and at
right angles to the line representing the lot depth of such lot shall be used as the rear lot line.
"Lot Coverage" means the area of the site covered by buildings or roofed areas, excluding
allowed projecting eaves, balconies, porte-cocheres, and similar architectural features. Lot
coverage does not include pools, hot tubs, or similar features.
"Lot Depth" means the length of a straight line drawn from the midpoint of the front lot line
and at right angles to such line connecting with the line intersecting the midpoint of the rear lot
line; provided, however, that for the purpose of measurement, methods of measurement
shall be applicable as per the following described circumstances:
1. In the case of lot having a curved front line, the front lot line, for the purposes of
this section, shall be deemed to be a line tangent to the curve and parallel to a straight
line connecting the points of intersection of the side lot lines of the lot with the front lot
line.
2. In the case of a flag lot, for the purposes of this section, the front lot line shall be
that property line which extends across the width of the lot, which is exclusive of and
is not to be confused with, those property lines contained within the flag lot vehicle
access leg to the public street. (See Figure 17.04.050.3)
"Lot Line, Front" means:
1. For an interior lot, the line separating the lot from a street or highway;
2. For a corner lot, the line separating the narrower street frontage from a street or
• highway, unless otherwise specified by deed restriction;
3. In the case of lots set back from the street, with long narrow portions for access (flag
lot), the line, or series of lines, delimiting the front of the buildable portion of the lot shall
be established as the front lot line;
4. For a through lot, the lot line abutting the street providing the primary access to the
lot. (See Figure 17.04.050.3)
"Lot Line, Interior" means any lot line not abutting a street.
"Lot Line, Rear" means a lot line, not intersecting a front lot line, which is most closely parallel
to the front lot line. In the case of an irregularly shaped lot or a lot bounded by only three
lot lines, rear lot line shall mean an imaginary line within the lot having a length of 10
feet, parallel to and most distant from the front lot line, which shall be interpreted as the
rear lot line for the purpose of determining required yards, setbacks, and other provisions of
this Land Use Code. (See Figure 17.04.050.3)
"Lot Line, Side" means any lot boundary line that is not a front lot line or a rear lot line.
On a corner lot, the street right-of-way line with the greatest amount of street frontage shall
be the side lot line, unless otherwise specified by deed restriction. (See Figure 17.04.050.3)
"Lot Width" means the minimum horizontal distance between the side lot lines measured at
the front setback line. (See Figure 17.04.050.3)
"Lot Width, Average" shall be the average of the front and rear lot lines. In computing lot width
or average width, the following shall be excluded:
1. Any portion of the width that serves as an access easement to any other lot or building
site;
2. Any portion of the width that serves as an improved surface flood control project under
the jurisdiction of any public agency.
Figure 17.04.050.3
Lot Types
t:Jtl.Z+rTiE >
- LOT LINES
Et I I S 60CK BOINOAFI'
ROxrts ME; J
I INTERIOR! LLT
CORNER I LAT i L8'M
LOT I
riwl�rME i O i CORNER
LOT
1 f6r-Y I CORNER LOT
CORNER !INTERIOR I INTEOOR
RAT LOT LOT _-_._• .--
*"%igit CUL-DE-SAC
\ LOT i
INTERIOR
STREET lAT :�• i
REVERS INTERIOR i RAORAGRAG Y
CORNER LAT i i •`l
LOT LOT i LOT j
i
It,1 i
REVELS MG�i
CORNER ' INTERIOR i 1 !
LOT LOT ! ! 1 1
STREET
"Manufactured Housing Unit" means a dwelling unit which is either wholly or mainly
manufactured at an off-site location and is assembled on site on a permanent foundation with
permanent service connections. The definition does not include a mobile home, mobile accessory
structure, or an automobile trailer or recreational vehicle.
"Massage" or "Massage Therapy" means any method of treating the external parts of the body
for remedial, hygienic, relaxation or any other similar purpose, whether by means of pressure on,
friction against or stroking, kneading, tapping, pounding, vibrating, rubbing or other manner of
touching external parts of the body with the hands, or with the aid of any mechanical or electrical
apparatus or appliance with or without supplementary aids such as rubbing alcohol, liniment,
antiseptic, oil, powder, cream, ointment or other similar preparations commonly used in this
practice and shall include herbal body wraps. For the purposes of this chapter, "massage" or
"massage therapy" includes the techniques of acupressure and reflexology.
"Massage Business or Establishment" means any business or establishment, including a sole
proprietor or independent contractor, conducted within the City where any person engages in,
conducts, carries on or permits to be engaged in, conducted or carried on, for money or any other
consideration, the administration to another person of a massage, and also includes all
businesses or establishments where massage therapy is provided as an ancillary service such
as clubs, gyms, day spas and professional offices where such massage therapy is not otherwise
exempt under this chapter.
"Medical Clinic" means any building or portion thereof used to provide medical, surgical or
psychiatric care to persons and which as a principal function provides such care on an
outpatient basis.
"Mezzanine" means an intermediate floor between the main floors of a building, and therefore
may not be counted among the overall floors of a building. Often a mezzanine has a low-
ceiling and projects outward in the form of a loft or balcony.
"Medical Use" means any use involving the care of persons' general health by licensed
practitioners. This includes hospitals, urgent care clinics, out-patient facilities, doctor and dental
offices, chiropractic and podiatric facilities, and similar practices of the medical field and directly
related laboratory services.
"Ministerial" means a government decision involving little or no personal judgment by the
public official as to the wisdom or manner of carrying out the action, including the issuance of a
permit.
"Mixed Use Development (Mixed Use Project)" is an approach to land use development that
involves integrating two or more different but highly compatible types of uses on the same
property as part of a unified development. Generally, a Mixed Use Development consists of
commercial and residential uses integrated either vertically in the same structure or group of
structures, or horizontally on the same development site where parking, open spaces, and other
development features are shared. However, light industrial and commercial development may
also be considered as Mixed Use. In a Mixed Use Development, both uses are considered
primary uses of the land.
"Mobile Housing Unit (Mobile Home)" means a trailer, transportable in one or more sections;
that is certified under the National Manufactured Housing Construction and Safety Standards Act
of 1974; that is over eight feet in width and forty (40) feet in length, with or without a permanent
foundation and not including recreational vehicle, commercial coach or factory-built housing. A
mobile home on a permanent foundation is included under the definition of "Single-unit dwelling."
"Mobile Home Park" means a type of residential development, established either as a legal
subdivision of land with individual mobile home pads and common areas or as a development
where pads are leased or rented, for the purpose of accommodating mobile home units on
individual pads as part of a coordinated development. A mobile home park may include
common areas and facilities for the use of all park residents.
"Modular Home" see "Manufactured Housing Unit".
"Motel" means one or more buildings containing guest rooms without kitchen facilities, some
or all of which have a separate entrance leading directly from the outside of the building
designed and used as rental for temporary or overnight accommodations for guests and
are offered primarily to automobile tourists or transients, with garages or parking spaces
conveniently located to each room or unit.
"Motor Home" see "Recreational Vehicle".
"Multi-family Dwelling" see "Dwelling, Multi-family".
"Museum" see "Cultural Institution".
"Nonconforming Building or Structure" means a building or structure or portion thereof which
was lawful when constructed but does not conform to Zoning Ordinance requirements
subsequently established.
"Nonconforming Use" means the use of land/or building or structure, which was lawful when
established including compliance with property development requirements but which does
not conform to Zoning Code use and property development requirements subsequently
established.
"Nursery" see "Horticulture".
"Nursery School" see "Child Day Care Facility".
"Office"
"Accessory" see "Accessory Use".
"Administrative Business Professional, Corporate" means an establishment providing
direct, "over-the-counter" services to consumers (such as, insurance agencies, real estate
offices, travel agencies, utility company offices, etc.) and office-type facilities occupied by
businesses providing professional services and/or engaged in the production of intellectual
property.
"Government" means an administrative, clerical, or public contact office of a government
agency, including postal facilities, together with the incidental storage and maintenance of
vehicles.
"Medical and Dental" means an office or health facility providing health services including,
without limitation; preventative and rehabilitation treatment, diagnostic services, testing and
analysis. This use includes offices providing medical, dental, surgical, rehabilitation,
podiatric, optometric, chiropractic and psychiatric services, and medical or dental
laboratories incidental to these offices, but exclude inpatient services and overnight
accommodation.
4
"Open Space"
"Open Space, Common" means the total land area within a residential development that is
not individually owned nor dedicated for public use, and that is designed, intended, and
reserved exclusively for the shared use of all the residents of the development and their
guests. Examples include barbecue and picnicking areas, play areas, swimming pools,
tennis courts, turf areas, and other recreational or leisure features and facilities. Common
Open Space does not typically include enclosed spaces/facilities such as a community
center, meeting rooms, etc.
"Open Space, Private" means a usable open space adjoining and directly accessible to a
dwelling unit, reserved for the exclusive use of residents of the dwelling unit and their guests.
"Open Space, Usable or Improved" means outdoor space that serves a recreational
function or provides visual relief from the building mass.
"Open Space, Unimproved" means any open space that has not been landscaped or
otherwise provided with amenities, and is generally kept in a natural state.
"Outdoor Charitable Donation Boxes" see "Donation Boxes".
"Outdoor Dining" see "Eating Establishments".
"Outdoor Storage" means the storage of any materials outside of a structure, either as an
accessory or primary use.
"Outdoor Use and Display" means any condition other than storage whereby activities are
conducted and/or merchandise is placed and advertised for sale outside of a structure, either
as an accessory or primary use.
"Outpatient Surgery Facility" means a medical facility where surgery is performed that does
not require an overnight hospital stay. Patients may go home after being released following
surgery and time spent in the recovery room. (Also referred to as ambulatory surgery facility)
"Overhang" means a protruding structure which may provide protection for lower levels.
"Pad, building" means the land area needed to support the building, landscaping and utilities
of a structure.
"Parapet" means a wall-like barrier at the edge of a roof, terrace, balcony, or other structure.
Where extending above a roof, it may simply be the portion of an exterior wall that continues
above the line of the roof surface, or it may be a continuation of a vertical feature beneath the
roof such as a fire wall or party wall.
"Parking, Joint Use" means the use of a single parking facility by several related uses
occupying the same or adjacent parcels. For example, the use of a single parking facility by
tenants of a shopping center.
"Parking, Shared" means the use of a single parking facility by two distinctly different uses
with distinctly different hours of operation such that the shared use of the facility can be
accomplished without limiting the ability of one use to occupy the facility to the detriment of the
other. For example; distinctly different uses could be a place of religious assembly which
generally has weekend parking demands and an office development, which typically uses the
parking facility during the week.
"Parking Space" means an unobstructed space or area other than a street or alley that is
•
permanently reserved, maintained, and accessible for the parking of one motor vehicle.
"Garage Parking Space" means a parking space provided within an enclosed structure,
with a closing and locking door, whose primary use is the storage of vehicles.
"Off-Street Parking Space" means a permanent parking space for a vehicle which is
designed to City standards and not located on a dedicated street right-of-way.
"On-Street Parking Space" means parking space for a vehicle which is designed to City
standards and located on a dedicated street right-of-way.
"Parking Structure" means a structure that is designed specifically for automobile parking and
where there are a number of floors or levels on which automobiles park.
"Parks and Recreation Facilities" means public parks, play lots, playgrounds, and athletic
fields for noncommercial neighborhood or community use including sports courts. These may
include passive outdoor recreation areas that also may be located in conservation areas and/or
qualify as "open space." These do not include facilities that are privately owned or commercial
facilities ("Commercial Recreation and Entertainment").
"Parkway" is the portion of the public right-of-way between the curb and the sidewalk or, where
no sidewalk is provided between the curb and adjacent private property line. A parkway
generally includes landscape improvements.
"Patio" means a paved unenclosed outdoor area that is used for lounging, dining, etc.
"Patio Cover" is a solid or open roof structure that covers a patio, platform, or deck area, and
that is either detached from or attached to another structure.
"Personal Services Business" is any business or enterprise that provides individual care to
persons involving their personal health, fitness, grooming, or appearance.
"Personal Services, General" Establishments that provide recurring needed services of a
personal nature. Examples of these uses include:
• acupuncture and acupressure
• barber and beauty shops (without massage services)
• clothing rental shops
• day spas
• dry cleaning pick up stores with limited on-site cleaning equipment
• laundromats (self-service laundries)
• locksmiths
• nail salon
• shoe repair shops
• tailors and seamstresses
"Personal Services, Restricted" Personal services with characteristics that have the
potential to adversely impact surrounding areas and which may need to be dispersed to
minimize their adverse impacts. Examples of these uses include:
• check cashing
• fortune-telling and psychic services
• game arcades
• internet cafés
• massage establishments with licensed massage technicians
• palm and card readers
• tanning salons
• tattoo and body piercing services
"Personal Storage (Mini-Storage or Self-Storage, Indoor Only)" means a structure containing
separate storage space that is designed to be leased or rented individually. Indoor storage shall
mean that access to all storage spaces shall be from common interior corridors, and the facility
has only shared loading areas. This use does not include outdoor storage of any kind. Further,
such storage does not involve any manufacturing, retail or wholesale selling, office or business
services, or human habitation in any storage space or anywhere on site.
"Pharmacy, Medical Supplies" means an establishment that dispenses prescription drugs and
sells medical equipment and supplies for home health care (e.g., scales, walking aids, bathroom
safety aids; skin and personal care products; braces, supports, and splints; bandages and tape;
etc.).
"Places of Assembly" see "Assembly/Meeting Facilities, Public or Private".
"Places of Religious Assembly" means any facility specifically designed and used to
accommodate the gathering of persons for the purposes of fellowship, worship, or similar conduct
of religious practices and activities. Places of Religious Assembly includes limited associated
accessory uses (i.e., religious school activities that are not full-time, residence for clergy, and
office space, and excluding schools with regular daily sessions.) Also includes functionally related
internal facilities (i.e., kitchens, multi-purpose rooms, storage, etc.), and functionally associated
accessory uses (e.g. temporary aid shelters to provide humanitarian assistance).
"Planning Commission or Commission" means the Planning Commission of the City of
Rosemead.
"Pool and Billiard Hall" means an establishment providing access to pool tables and billiard
games.
"Porte-Cochere" means a canopy attached to a residence, which is open on all sides, except
where attached to a residence and which extends over a driveway used for the loading and
unloading of vehicles, but which cannot be used to satisfy the off-street parking requirements of
this Title.
"Principal Use" see "Use".
"Postal Services" means establishments that provide commercial retail postal services directly
to the customer, including letter and parcel mailing, post office box rental, and related services.
"Printing and Duplicating Services" means an establishment providing printing, blueprinting,
photocopying, engraving, binding, and related services.
"Public Assembly, Place(s) of" see "Assembly/Meeting Facilities, Public or Private".
"Public Facility" means a site or structure owned and operated by the City of Rosemead, or
other public agency, for the purpose of providing one or more services to residents of the City,
and/or to support other City functions.
"Queuing Space" means a temporary waiting area for motor vehicles or persons obtaining a
service or other activity.
"Radio/TV Broadcast Studios/Recording Studios, Film TV Studios" Commercial and public
communications facilities including radio and television broadcasting and receiving stations and
studios, with facilities contained entirely within structures. Does not include transmission and
receiving apparatuses including antennas and towers.
"Reasonable Accommodation Request" means a request that may include a modification or
exception to the rules, standards, and practices for the site, development, and use of housing-
related facilities that would eliminate regulatory barriers and would provide a person with a
disability an equal opportunity to housing of their choice.
"Recharging Station" means a place that supplies electricity for the recharging of electric
vehicles (including plug-in hybrids).
"Recreational Vehicle (RV)" means motorhome, travel trailer, truck camper, or camping trailer,
with or without motive power, designed for human habitation for recreational or emergency
occupancy, with a living area less than four hundred (400) square feet, excluding built-in
equipment such as wardrobes, closets, cabinets, kitchen units or fixtures, bath and toilet rooms.
"Recycling Facility" means a land use type that includes a variety of facilities involved with the
collection of recyclable materials. A "certified" recycling or processing facility is certified by the
California Department of Conservation as meeting the requirements of the California Beverage
Container Recycling and Litter Reduction Act of 1986 (Public Resources Code, Division 12.1).
Recyclable material includes reusable domestic containers and other material that can be
reconstituted, remanufactured, or reused in an altered form including glass, metals, paper, and
plastic. Recyclable material does not include refuse or hazardous materials. This land use does
not include storage containers located on a residentially, commercially, or industrially designated
site that is used solely for the recycling of material generated on the site.
"Collection Facility(Small)" means a facility that occupies an area of 350 square feet or less
where the public may donate, redeem, or sell recyclable materials and may include:
1. A mobile unit;
2. Bulk reverse vending machines or a grouping of reverse vending machines occupying
more than 50 square feet. A bulk reverse vending machine is a reverse vending
machine that is larger than 50 square feet, is designed to accept more than one
container at a time, and issues a cash refund or redeemable credit slip based on total
weight instead of by container count.
3. Kiosk-type units that may include permanent structures.
"Collection Facility (Large)" means a facility that occupies an area of more than 350 square
feet and/or includes permanent structures where the public may donate, redeem, or sell
4 recyclable materials.
"Reverse Vending Machine" means an automated mechanical device which accepts at least
one or more types of empty beverage containers and issues a cash refund or a redeemable
a
mommr
credit slip with a value not less than the container's redemption value, as determined by State
law. These vending machines may accept aluminum cans, glass and plastic bottles, and other
containers. The vending machines typically occupy an area of less than 50 square feet.
"Processing Facility" means a structure or enclosed space used for the collection and
processing of recyclable materials. Processing means the preparation of material for efficient
shipment, or to an end-user's specifications, by such means as bailing, briquetting,
compacting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning, and
remanufacturing. Processing facilities are not allowed in the City of Rosemead.
"Research and Development" means facilities for scientific research and design,
development, and testing of biological, chemical, electrical, pharmaceutical,
telecommunications, or other components in advance of product manufacturing. Typical uses
include experimental laboratories, pharmaceutical laboratories, and testing laboratories.
"Residence" means the same as "Dwelling."
"Residential Care Facility" means a family home, group care facility, residential care facility
for the elderly, foster home, alcohol and/or drug recovery facility, intermediate care facility
or similar facility, for twenty-four (24) hour non-medical care of persons in need of personal
services, supervision, or assistance essential for sustaining the activities of daily living or for
the protection of the individual. In the event the provisions of state law are updated, this section
shall be interpreted and applied in conformity with State law.
"Residential Use" means the occupation of a structure that provides permanent housing for
one or more households.
"Restaurant" see "Eating and Drinking Establishments".
"Retail Store" means an establishment which offers goods (such as books, gifts and
clothing) to the general public. This does not include swap meet, pawn shop, or thrift sales.
"School, Public and Private" see "Education Institute".
"School, Business or Trade" means a public or private school offering instruction in the technical,
commercial, and/or trade skills such as real estate, business and secretarial, electronics,
automotive and air craft, medical and dental, and similar commercial establishments.
"Screened" means the use of a wall or growth or stand of trees, shrubs, or plants to shelter, protect,
or hide an area from view.
"Secondary Use" see "Use".
"Secondhand Store" means a retail establishment where the majority of the merchandise for
sale is secondhand or used. This includes thrift stores but does not include pawn shops or
antique/collectibles shops.
"Sensitive Use" see "Use".
"Setback" means the distance from which a structure, parking area, or other development feature
must be separated from a prescribed lot line, easement, or other structure or development feature
(see Figure 17.04.050.4).
"Front Yard Setback" means the minimum distance required between a structure and the
front property line (see Figure 17.04.050.4).
"Primary Building Line" means that portion of the front yard area defined by the space
between the front property line and the entire building frontage of the primary structure,
whether or not all façade portions of the primary structure coincide with the front setback line
(see Figure 17.04.050.4).
"Side Yard Setback" means the minimum distance required between a structure and a side
property line (see Figure 17.04.050.4).
"Rear Yard Setback" means the minimum distance required between a structure and the rear
property line (see Figure 17.04.050.4).
Figure 17.04.050.4
Setbacks
Right-of-Way Front Setback Rear Setback
Side Setback
i 1 Side Yard
�I I
Sil
f
d( Front Yard i r
i• I Residential . O0
Street Structure I a
'_-__ Rear Yard io a
IC
o
GI- Garage
-
1 I
I —1
1 Side Yard I
Property line._
Primary
Building Line
Side Setback
LOT DEPTH
"Shopping Center" means a commercial site with two or more separate businesses managed
as a total entity, sharing common access, circulation, signage and pedestrian and parking areas
so that a public right-of-way does not need to be used to get from one business to another in the
C-1, C-3, and CBD zones.
"Single-family Dwelling" see "Dwelling, Single-family".
"Single Room Occupancy (SRO)" development is a structure with six or more guest rooms in
which 30% or more of the units do not have a private bath and toilet within the unit. SRO units
are multi-family dwellings that are used as an occupant's primary place of residence. SROs are
not considered hotels or motels as defined by the Municipal Code, nor are they considered
extended-stay hotel/motel rooms. Therefore, SRO units are not subject to the Transient
Occupancy Tax, and SRO operators shall not be liable for the extended-stay hotel/motel room in-
lieu fee if they elect to rent out their rooms on a single-room occupancy basis.
"Specialty Retail (C-4 zone)" means a retail store concentrating on selling one merchandise line
of goods for a particular and usually selective clientele. Examples are stores selling DVDs,
bagels, leather goods, and imported dishware. Specialty retailers have a narrow but deep
selection in their specialty of items for sale.
"Specific Plan" means, Under Article 8 of the Government Code (Section 65450 et seq.), a legal
tool for a detailed design and implementation of a defined portion of the area covered by a General
Plan. A specific plan may include all detailed regulations, conditions, programs, and/or proposed
legislation which may be necessary or convenient for the systematic implementation of any
General Plan element(s).
"Storage"
"Storage —Accessory" means the indoor storage of materials accessory and incidental to
the primary use is not considered a land use separate from the primary use.
"Storage — Outdoor" means the storage of various materials outside of a structure other
than fencing, either as an accessory or primary use.
"Storage - Personal Storage Facility" see "Personal Storage".
"Story" means that portion of a building included between the surface of any floor and
the surface of the floor above it, or if there is no floor above it then the space between such
floor and the ceiling above it.
"Street" means a public thoroughfare which affords the principal means of access to abutting
property.
"Structurally Altered" means to have had an alteration of any structural element, floor, frame,
wall, roof, or any other stress bearing portion of a building and excludes alterations to, or additions
of, interior nonbearing partitions and interior remodeling which does not affect the structural
system.
I "Structure" means anything constructed or erected, which requires a fixed location on
the ground, or is attached to something having a fixed location on the ground but not
including fences or walls used as fences, less than six feet in height. (See Figure 17.04.050.5
— Structure Types)
"Accessory Structure" see "Accessory Structure".
"Attached Structure" means any structure that has a wall or roof in common with another
structure.
"Primary Structure" means a structure that is conducted as the primary or predominant use
of the lot and/or building site.
Figure 17.04.050.5
Structure Types
dFI:;i' • Accessory�; Structure
,•'.». ', Primary
y'ce; Structure
y. Attached
S`fy , _ Structure
:• w ! ' ,I (Ganga)
"Studio - Art, Dance, Martial Arts, Music" means small-scale instructional facilities, typically
accommodating one group of students at a time, in no more than one instructional space.
Examples include: individual and group instruction and training in the arts, production rehearsal,
photography and the processing of photographs produced only by users of the studio facilities,
martial arts training studios, and gymnastics instruction. This also includes production studios
for individual filmmakers, musicians, painters, sculptors, photographers, and other artists.
These uses may also include accessory retail sales of products related to the services provided.
Supermarket" means a self-service grocery and associated consumer goods store divided into
departments and may also offer prepared foods and food service. This may include secondary
uses within the store for visitor convenience, such as banking services, retail sales of non-food
items, a pharmacy, etc.
"Supportive Housing" means housing with no limits on the length of stay that is occupied
primarily by persons with disabilities and individuals or families that are homeless at the time
approved for occupancy, and that is linked to onsite or offsite services that assist the supportive
housing resident in retaining the housing, thereby improving the resident's health status, and
maximizing his or her ability to live and, when possible and applicable, work in the community.
Supportive housing that is provided in single-family, two-family, or multi-family dwelling units
will be permitted, conditionally permitted, or prohibited in the same manner as other single-
family, two-family, or multi-family dwelling units under this code.
"Swimming Pool" means an artificial body of water containing or normally capable of
containing water to a depth of 18 inches or more at any point which is designed, constructed
and used for swimming, dipping, or immersion purposes. This includes, but is not limited to,
in-ground, above-ground, and on-ground pools, hot tubs, portable and non- portable spas,
and fixed in-place wading pools.
"Tandem Parking Stall" means a parking stall design where one vehicle is parked behind
another.
"Tot Lot" means a playground specifically designed for young children.
"Transitional Housing" and "Transitional Housing Development" means buildings
configured as rental housing developments, but operated under program requirements that call
for the termination of assistance and recirculation of the assisted unit to another eligible program
recipient at some predetermined future point in time, which shall be no less than six (6) months.
"Tutoring Services (Large)" means one-on-one educational instruction in general or specific
academic subjects to children for the purpose of supplementing regular school instruction.
Services are intended to be in addition to normal school teachings and shall not be provided
as a replacement or substitute for public or private school. A large tutoring service
establishment provides services to more than five (5) students at any given time.
"Tutoring Services (Small)" means one-on-one educational instruction in general or specific
academic subjects to children for t h e purpose of supplementing regular school instruction.
Services are intended to be in addition to normal school teachings and shall not be provided
as a replacement or substitute for public or private school. A small tutoring service
establishment provides services to not more than five (5) students at any given time.
"Urgent Care Facility" means a public or private hospital-based or free-standing facility, which
includes x-ray and laboratory equipment and a life support system, licensed or legally operating
as an urgent care facility, primarily providing minor emergency and episodic medical care with
one or more physicians, nurses, and x-ray technicians in attendance at all times when the
facility is open.
"Use" means the purpose for which land or a building is designed, arranged, or intended, or
for which either is or may be occupied or maintained.
"Accessory Use" see "Accessory Use".
"Allowed Use, Permitted Use" means a use of land identified by Article 2 (Zoning Districts,
Allowable Land Uses, and Zone Specific Standards) as allowed or conditionally allowed
that may be established with a permit or license, subject to compliance with all applicable
provisions of Article 2.
"Compatible Use" means a use that by its manner of operation is suitable in the district in
which it may generally be considered as a primary use or is reasonable given its proximity
to residential or other known sensitive uses. Said use of land and/or buildings shall be in
harmony with the uses on the property as well as abutting properties.
"Conditional Use" means a use permitted on a particular lot and within a zone only upon
a finding that such use in a specified location will comply with all the conditions and
standards for the location or operation of such use as specified in the Zoning Code, and
requires authorization by either the Planning Commission or City Council, and the granting
of a valid permit.
"Conforming Use" means a lawfully established use of property that operates in
compliance with all applicable provisions of this Zoning Code.
"Primary Use" means the principal or predominant use of any lot, building, or structure.
"Secondary Use" means any use that is specifically allowed in the zone in which it is
located but is subordinate to the primary use in terms of occupied structure area or lot area.
"Sensitive Use" means any kindergarten, elementary school, middle school, high school,
public library, public park, religious institution, or youth-oriented establishment
characterized by either or both of the following: (1)the establishment advertises in a manner
that identifies the establishment as catering to or providing services primarily intended for
minors; or (2) the individuals who regularly patronize, congregate, or assemble at the
establishment are predominantly minors.
"Temporary Use" means a use of land that is designed, operated, and occupies a site for
a limited period of time.
"Usable Open Space" see "Open Space".
"Utilities" means all lines and facilities owned and/or operated by a licensed provider and
related to the provision, distribution, collection, transmission, or disposal of water, storm
drainage, sanitary sewage, oil, gas, electricity, information, telecommunications, telephone
cable, and similar services. This includes facilities for the generation of electricity. This does
not include "Wireless Telecommunications Facilities."
"Vending Machine" Any unattended self-service device that, upon insertion of a coin, coins,
or token, dispenses anything of value including food, water, beverages, goods, wares,
merchandise or services. This does not include newspaper racks, automatic teller machines
(ATMs), or public telephones.
"Veterinary Services (Animal Hospital/Clinic)" means an establishment where household
animals receive medical and surgical treatment and may be temporarily boarded (more than
one night stay) in association with such medical or surgical treatment. Short-term animal
boarding may be provided as an accessory use.
"Wall" means a physical barrier constructed largely of masonry, brick, concrete, stucco,
concrete block, or any combination thereof and intended to mark a boundary.
"Warehouse Retail Store" means a store that emphasizes the packaging and sale of
products in large quantities or volumes, some at discounted prices. Sites and buildings are
usually large in character. Patrons may be required to pay membership fees.
4
"Warehousing" means the storage of material goods including the performance of
administrative and physical functions associated with storage of goods and materials. These
functions include receipt, identification, inspection, verification, putting away, storage, retrieval
for issue, etc.
"Wholesaling" means the sale of commercial goods at or near production cost.
"Wireless Communications Facilities (WCF)" see Article 3, Chapter 17.54.
"Yard" means an open space on a lot, other than a court, unoccupied or unobstructed from
the ground upward.
"Yard Area" means the horizontal area between a property line and a parallel line along the
nearest structure located outside of the required setback area.
"Yard Area, Required" means the open space between a lot line and the building area within
which no structure is permitted to be located.
I
I
Chapter 17.112 OFF-STREET PARKING AND LOADING
Sections:
17.112.010 Purpose.
17.112.020 Permit requirements.
17.112.030 Exemptions.
17.112.040 Number of spaces required.
17.112.050 Alternative parking provisions.
17.112.060 Elimination or reduction of parking spaces prohibited.
17.112.070 Use of recreational vehicles and nonresidential trailers.
17.112.080 General use provisions for off-street parking spaces.
17.112.090 Parking space and drive aisle dimensions.
17.112.100 Location of parking facilities.
17.112.110 Valet parking.
17.112.111 Parking design and layout standards.
17.112.112 Bicycle parking.
17.112.113 Loading area requirements.
17.112.010 Purpose.
The purpose of this Chapter is to provide off-street parking and loading standards to:
A. Provide for the general welfare and convenience of persons within the City by ensuring that
sufficient parking facilities are available to meet the needs generated by specific uses and that
adequate parking is provided, to the extent feasible;
B. Provide accessible, attractive, secure, and well-maintained off-street parking and loading
facilities;
C. Increase public safety by reducing congestion on public streets and to minimize impacts to
public street parking;
D. Ensure access and maneuverability for emergency vehicles; and
E. Provide loading and delivery facilities in proportion to the needs of allowed uses.
17.112.020 Permit requirements.
B. New parking lots.
New parking lot design shall be reviewed in conjunction with the building permit and any other
land use or development permit required for the project. A site plan of the premises shall be
required for all new parking. The site plan shall include sufficient detail to determine
compliance with the provisions of this Chapter. The site plan shall be approved, modified,
and/or denied through the normal process of approving, modifying, and/or denying the permit
causing the submission of the plan.
C. Modification of existing lots.
Modification or improvement to an existing parking lot which impacts parking space layout,
configuration, and/or number of stalls shall require the approval of a site plan review and
I
design approval. A site plan review and approval is also required in the event that a parking
lot is to be modified for the sole purpose of replacing compact spaces with standard spaces
or to provide additional handicapped spaces, or to upgrade or provide additional landscaping.
Such modification may include a minor modification to the provisions of this Chapter, including
the reduction in the required number of spaces, if deemed necessary by the Community
Development Director.
17.112.030 Exemptions.
The following parking lot improvements shall be considered minor in nature, provided that the
number and/or configuration of parking stalls are not altered. Such improvements shall be exempt
from site plan review requirements, except such permits which may be required by the Building
and Safety Division.
A. Repair of any defects in the surface of the parking area, including holes and cracks.
B. Resurfacing, slurry coating, and restriping of a parking area with identical delineation of
parking spaces.
C. Repair or replacement of damaged planters and curbs in the same location.
17.112.040 Number of spaces required.
Off-street parking spaces shall be provided in compliance with Table 17.112.040.1.
B. Off-Street parking requirements. Except as otherwise specifically stated, the following rules
apply to the required parking.
1. "Square feet" (or "sf") means the "gross floor area" and refers the total building floor area
unless otherwise specified.
2. Where parking spaces are required based on a per-employee ratio, this shall mean the
total number of employees on the largest working shift.
3. For the purpose of calculating parking requirements, a den, study, or other similar room
that may be used as bedrooms, as determined by the Community Development Director,
shall be considered bedrooms.
4. Where the number of seats is listed to determine required parking, seats shall mean to be
fixed seats. Where fixed seats provided are either benches or bleachers, each twenty
(20) linear inches of the bench or bleacher shall be considered a seat. If fixed seats are
not provided, the total amount of seating shall be deemed to be the occupancy limit for
the room in which the seating is provided as determined by the Building and Safety
Department.
C. Minimum parking requirements.
Unless off-street parking reductions are allowed pursuant to Section 17.112.050, the number
of off-street parking spaces required by Table 17.112.040.1 shall be considered the minimum
necessary for each use. In conjunction with discretionary development permits, the approving
authority may increase or decrease these parking requirements if it is determined through a
parking study as outlined in this Chapter that these requirements are inadequate for a specific
project.
D. Requirements for unspecified uses.
Parking requirements for structures and uses not set forth in Section 17.112.040 of this
Chapter shall be determined by the Community Development Director, and such
determinations shall be based on the requirements for the most comparable structure or use
specified.
E. Calculation/Rounding of quantities.
When the calculation of the required number of off-street parking spaces results in a fraction
of 0.50 or greater, the total number of spaces shall be rounded up to the nearest whole
number. If the fraction is equal to or less than 0.49 of a space, the total number of spaces
shall be rounded down to the nearest whole number.
F. Mixed-Use without residential/multiple tenants.
Except as otherwise provided in this Chapter, for each separate use, a site with multi-tenants,
or a combination of principal uses in any one facility, the development shall provide the
aggregate number of parking spaces required for each separate use, unless a parking study
has been prepared and approved pursuant to this Chapter or except as provided for in Section
17.112.050 (Alternative Parking Provisions).
TABLE 17.112.040.1
REQUIRED PARKING
OFF-STREET PARKING REQUIREMENTS
Residential Uses Required Parking
Single-Family and Two-Family Dwellings
4 bedrooms and 2,000 sf or less 2 spaces per dwelling unit in an enclosed garage
5 or more bedrooms and over 2,000 sf 3 spaces per dwelling unit in an enclosed garage
Multi-Family Dwelling and
Residential Condominiums
Dwelling units 2 spaces per dwelling unit
Guest Parking 1 space per 2 dwelling units
Seeend Accessory Dwelling Units One parking space per bedroom or ADU, whichever is
1 bedroom unit less
2 bedroom unit 1 space in an enclosed garage
2 spaces in an enclosed garage
Senior housing
Independent living 1 space per 2 units
Assisted living 1 space per 10 units
Mobile Home Parks 2 spaces per mobile home on the same lot
OFF-STREET PARKING REQUIREMENTS
(Continued)
Retail Trade Uses Required Parking
Appliance and Furniture Store 1 space per every 500 sf
Large Warehouse-type Retail Sales and 1' 10.000 sf— 1 space per 300 sf
Bulk Merchandise Facilities Over 10,000 sf— 1 space per 500 sf
Plus 1 per 1,000 sf of outdoor merchandise areas
Retail Sales (single tenant) 1 per 250
A shopping center that has four(4) or less tenants is
parked by use. If a shopping center has more than
Shopping Center four(4) tenants, then it is parked at the following ratios:
Centers with up to 100,000 of floor area: 1 per 250 sf
Centers with over 100,000 of floor area: 1 per 280 sf
Vehicle Rental 1 per 250 sf, plus 1 per rental vehicle (not including
bicycles and similar vehicles)
Vehicle Sales, Office only
(no car storage or inventory storage) 1 per 250 sf
Vehicle Sales (New or Used) 1 per 250 sf, plus 1 per display vehicle (not including
bicycles and similar vehicles)
Visitor Accommodations Required Parking
1 space per guest room plus applicable requirement
Hotels and Motels for additional uses, plus 1 space per 3 employees, or
as required by a parking study
Business, Financial, and Professional Required Parking
Financial Institutions and Related Services 1 per 250 sf
Offices - Business or Corporate 1 per 250 sf
Offices—Medical 1 per 250 sf
Eating and Drinking Establishments Required Parking
Bars, Lounges, Nightclubs, and Taverns 1 per 100 sf
Catering 1 per 400 sf
Fast Food (drive-thru, take-out, coffee/tea
shops) 1 per 100 sf
Restaurant under 2,000 sf of floor area 1 per 100 sf
Restaurant more than 2,000 sf of floor area 20 spaces for the first 2,000 sf, plus 1 space per 200 sf
thereafter
When outdoor seating area exceeds 50%of the gross
Outdoor Dining and Seating (Including interior floor area, 1 parking space for each 200 square
Patios and Accessory Areas open to the feet of floor area exceeding the 50% interior floor area
public) shall be provided. Otherwise, no additional parking
shall be required for outdoor dining area(s).
OFF-STREET PARKING REQUIREMENTS
(Continued)
Service Uses—General Required Parking
Animal Boarding Kennels 1 per 400 sf
Animal Grooming 1 per 400 sf
Postal and Mailing Service 1 per 250 sf
Studio -Art, Dance, Martial Arts, Music 1 space per 2 students plus 1 space per employee
Veterinary Services 1 per 400 sf
Vehicle Repair and Services Required Parking
Automobile Washing/Detailing 4 spaces plus 1 per employee plus stacked parking
equal to 5 times the capacity of the wash facility
Automobile Washing (Self-Service) 2 per wash bay(wash bays do not count as spaces)
Fuel Station with Repair Facility 1 per 400 sf of building gross floor area, plus 1 per
service bay
Fuel Station with Convenience Store 1 per 200 sf of building gross floor area
Vehicle Repair 1 per 400 sf of building gross floor area, plus 1 per
service bay
Care Uses Required Parking
Adult Day Care—Small (6 or fewer) Spaces required for dwelling unit only
Adult Day Care—Large (7 or more) 2 per site for drop-off and pick-up purposes (in addition
to the spaces required for the dwelling unit)
Day Care Facility (Child Care Services or 1 space per employee plus 1 space for each 10
Nursery School) students; minimum 5 spaces per facility
Medical-Related and Social Services Required Parking
Ambulance Service (Limited Fleet) 1 per 500 sf plus 1 parking spaces for each company
vehicles
Emergency/Urgent Care Clinic 1 per 200 sf
Hospitals 1 per 2 beds plus 1 per employee
Medical and Dental Clinics 1 per 250 sf
Outpatient Surgery/Care Facility 1 per 250 sf
Residential Care Facility 1 per 6 beds plus 1 for each employee
OFF-STREET PARKING REQUIREMENTS
(Continued)
Assembly and Education Facilities Required Parking
1 space per 5 fixed seats or 1 per 75 sf of floor area
Assembly/Meeting Facilities used for assembly not containing seats. (1 space per
20 linear inches of bench seating area shall be
considered a fixed seat)
Colleges 1 per 3 day-time students plus 1 per employee
Elementary and Intermediate (K-8) 2 per classroom plus 1 per 350 sf of
office/administrative area
High Schools 6 per classroom 1 per 350 sf of office/administrative
area
Library 1 per 300 sf
1 space per 5 fixed seats or 1 per 75 sf of floor area
Places of Religious Assembly used for assembly not containing seats (1 space per
20 linear inches of bench seating area shall be
considered a fixed seat)
Trade School, Business College, or 1 space per 2 students plus 1 per employee
Tutoring Facility
Amusement and Recreation Required Parking
Bowling Alley 4 spaces per lane
Game Arcade, Internet Cafe 1 per 2 computer terminals or 1 per 200 sf, whichever
is greater
Health/Fitness Facility 1 per 200 sf
KTV Studios (Karaoke) 1 space per 100 sf
Museum 1 per 300 sf
Theaters, movie or live performance 1 per 5 seats for up to 800 seats, plus 1 per 8 seats for
seats in excess of 800 seats
Industry, Manufacturing, and Warehouse Required Parking
1 per 400 sf of industrial manufacturing use, plus 1 per
Manufacturing (Primary Use) 250 sf of office use, plus 1 per vehicle operated in
connection with the business
1 per 4,000 sf(10 minimum), plus 1 per 250 sf of office
Personal Storage (Mini-Storage or Self- plus 2 covered for caretaker, if appropriate, plus
Storage) adequate loading and unloading areas as required by
the Community Development Director
Research and Development 1 space per 350 sf of gross floor area
Warehousing (Exclusively Storage) 1 per 1,000 sf plus 1 per 250 sf for office use
Wholesale Establishments 1 per 400 sf of gross floor area
65852.1. EXHIBIT"C"
State of California Accessory Dwelling Unit Laws
(a) Notwithstanding Section 65906, any city, including a charter city, county, or city and county
may issue a zoning variance, special use permit, or conditional use permit for a dwelling unit to
be constructed, or which is attached to or detached from, a primary residence on a parcel zoned
for a single-family residence, if the dwelling unit is intended for the sole occupancy of one adult
or two adult persons who are 62 years of age or over, and the area of floorspace of the attached
dwelling unit does not exceed 30 percent of the existing living area or the area of the floorspace
of the detached dwelling unit does not exceed 1,200 square feet.
This section shall not be construed to limit the requirements of Section 65852.2, or the power of
local governments to permit second units.
(b)This section shall become inoperative on January 1, 2007, and shall have no effect thereafter,
except that any zoning variance, special use permit, or conditional use permit issued for a
dwelling unit before January 1, 2007, pursuant to this section shall remain valid, and a dwelling
unit constructed pursuant to such a zoning variance,special use permit, or conditional use permit
shall be considered in compliance with all relevant laws, ordinances, rules, and regulations after
January 1, 2007.
(Amended by Stats. 2006, Ch. 888, Sec. 6. Effective January 1, 2007. Inoperative January 1, 2007,
as prescribed by its own provisions.)
65852.150.
(a) The Legislature finds and declares all of the following:
(1) Accessory dwelling units are a valuable form of housing in California.
(2) Accessory dwelling units provide housing for family members, students, the elderly, in-home
health care providers, the disabled, and others, at below market prices within existing
neighborhoods.
(3) Homeowners who create accessory dwelling units benefit from added income, and an
increased sense of security.
(4) Allowing accessory dwelling units in single-family or multifamily residential zones provides
additional rental housing stock in California.
(5) California faces a severe housing crisis.
(6) The state is falling far short of meeting current and future housing demand with serious
consequences for the state's economy, our ability to build green infill consistent with state
greenhouse gas reduction goals, and the well-being of our citizens, particularly lower and middle-
income earners.
(7) Accessory dwelling units offer lower cost housing to meet the needs of existing and future
residents within existing neighborhoods, while respecting architectural character.
(8) Accessory dwelling units are, therefore, an essential component of California's housing
supply.
(b) It is the intent of the Legislature that an accessory dwelling unit ordinance adopted by a local
agency has the effect of providing for the creation of accessory dwelling units and that provisions
in this ordinance relating to matters including unit size, parking, fees, and other requirements,
are not so arbitrary, excessive, or burdensome so as to unreasonably restrict the ability of
homeowners to create accessory dwelling units in zones in which they are authorized by local
ordinance.
(Amended by Stats. 2016, Ch. 720, Sec. 4. (SB 1069) Effective January 1, 2017.)
65852.2.
(a) (1) A local agency may, by ordinance, provide for the creation of accessory dwelling units in
areas zoned to allow single-family or multifamily use. The ordinance shall do all of the following:
(A) Designate areas within the jurisdiction of the local agency where accessory dwelling units may
be permitted. The designation of areas may be based on criteria that may include, but are not
limited to, the adequacy of water and sewer services and the impact of accessory dwelling units
on traffic flow and public safety.
(B) (i) Impose standards on accessory dwelling units that include, but are not limited to, parking,
height, setback, lot coverage, landscape, architectural review, maximum size of a unit, and
standards that prevent adverse impacts on any real property that is listed in the California
Register of Historic Places.
(ii) Notwithstanding clause (i), a local agency may reduce or eliminate parking requirements for
any accessory dwelling unit located within its jurisdiction.
(C) Provide that accessory dwelling units do not exceed the allowable density for the lot upon
which the accessory dwelling unit is located, and that accessory dwelling units are a residential
use that is consistent with the existing general plan and zoning designation for the lot.
(D) Require the accessory dwelling units to comply with all of the following:
(i)The unit may be rented separate from the primary residence, buy may not be sold or otherwise
conveyed separate from the primary residence.
(ii) The lot is zoned to allow single-family or multifamily use and includes a proposed or existing
single-family dwelling.
(iii)The accessory dwelling unit is either attached or located within the living area of the proposed
or existing primary dwelling or detached from the proposed or existing primary dwelling and
located on the same lot as the proposed or existing primary dwelling.
(iv)The total area of floorspace of an attached accessory dwelling unit shall not exceed 50 percent
of the proposed or existing primary dwelling living area or 1,200 square feet.
(v) The total area of floorspace for a detached accessory dwelling unit shall not exceed 1,200
square feet.
(vi) No passageway shall be required in conjunction with the construction of an accessory
dwelling unit.
(vii) No setback shall be required for an existing garage that is converted to an accessory dwelling
unit or to a portion of an accessory dwelling unit, and a setback of no more than five feet from
the side and rear lot lines shall be required for an accessory dwelling unit that is constructed
above a garage.
(viii) Local building code requirements that apply to detached dwellings, as appropriate.
(ix) Approval by the local health officer where a private sewage disposal system is being used, if
required.
(x) (I) Parking requirements for accessory dwelling units shall not exceed one parking space per
unit or per bedroom, whichever is less. These spaces may be provided as tandem parking on a
driveway.
(II) Off-street parking shall be permitted in setback areas in locations determined by the local
agency or through tandem parking, unless specific findings are made that parking in setback areas
or tandem parking is not feasible based upon specific site or regional topographical or fire and
life safety conditions.
• (III) This clause shall not apply to a unit that is described in subdivision (d).
(xi) When a garage, carport, or covered parking structure is demolished in conjunction with the
construction of an accessory dwelling unit or converted to an accessory dwelling unit, and the
local agency requires that those off-street parking spaces be replaced, the replacement spaces
may be located in any configuration on the same lot as the accessory dwelling unit, including, but
not limited to, as covered spaces, uncovered spaces, or tandem spaces, or by the use of
mechanical automobile parking lifts. This clause shall not apply to a unit that is described in
subdivision (d).
(2) The ordinance shall not be considered in the application of any local ordinance, policy, or
program to limit residential growth.
(3) When a local agency receives its first application on or after July 1, 2003,for a permit pursuant
to this subdivision, the application shall be considered ministerially without discretionary review
or a hearing, notwithstanding Section 65901 or 65906 or any local ordinance regulating the
issuance of variances or special use permits, within 120 days after receiving the application. A
local agency may charge a fee to reimburse it for costs that it incurs as a result of amendments
to this paragraph enacted during the 2001-02 Regular Session of the Legislature, including the
costs of adopting or amending any ordinance that provides for the creation of an accessory
dwelling unit.
(4) An existing ordinance governing the creation of an accessory dwelling unit by a local agency
or an accessory dwelling ordinance adopted by a local agency subsequent to the effective date
of the act adding this paragraph shall provide an approval process that includes only ministerial
provisions for the approval of accessory dwelling units and shall not include any discretionary
processes, provisions, or requirements for those units, except as otherwise provided in this
subdivision. In the event that a local agency has an existing accessory dwelling unit ordinance
that fails to meet the requirements of this subdivision, that ordinance shall be null and void upon
the effective date of the act adding this paragraph and that agency shall thereafter apply the
standards established in this subdivision for the approval of accessory dwelling units, unless and
until the agency adopts an ordinance that complies with this section.
(5) No other local ordinance, policy, or regulation shall be the basis for the denial of a building
permit or a use permit under this subdivision.
(6) This subdivision establishes the maximum standards that local agencies shall use to evaluate
a proposed accessory dwelling unit on a lot zoned for residential use that includes a proposed or
existing single-family dwelling. No additional standards, other than those provided in this
subdivision, shall be utilized or imposed, except that a local agency may require an applicant for
a permit issued pursuant to this subdivision to be an owner-occupant or that the property be
used for rentals of terms longer than 30 days.
(7) A local agency may amend its zoning ordinance or general plan to incorporate the policies,
procedures, or other provisions applicable to the creation of an accessory dwelling unit if these
provisions are consistent with the limitations of this subdivision.
}
(8) An accessory dwelling unit that conforms to this subdivision shall be deemed to be an
accessory use or an accessory building and shall not be considered to exceed the allowable
density for the lot upon which it is located, and shall be deemed to be a residential use that is
consistent with the existing general plan and zoning designations for the lot. The accessory
dwelling unit shall not be considered in the application of any local ordinance, policy, or program
to limit residential growth.
(b) When a local agency that has not adopted an ordinance governing accessory dwelling units in
accordance with subdivision (a) receives an application for a permit to create an accessory
dwelling unit pursuant to this subdivision, the local agency shall approve or disapprove the
application ministerially without discretionary review pursuant to subdivision (a) within 120 days
after receiving the application.
(c)A local agency may establish minimum and maximum unit size requirements for both attached
and detached accessory dwelling units. No minimum or maximum size for an accessory dwelling
unit, or size based upon a percentage of the proposed or existing primary dwelling, shall be
established by ordinance for either attached or detached dwellings that does not permit at least
an efficiency unit to be constructed in compliance with local development standards. Accessory
dwelling units shall not be required to provide fire sprinklers if they are not required for the
primary residence.
(d) Notwithstanding any other law, a local agency, whether or not it has adopted an ordinance
governing accessory dwelling units in accordance with subdivision (a), shall not impose parking
standards for an accessory dwelling unit in any of the following instances:
(1) The accessory dwelling unit is located within one-half mile of public transit.
(2) The accessory dwelling unit is located within an architecturally and historically significant
historic district.
(3) The accessory dwelling unit is part of the proposed or existing primary residence or an
accessory structure.
(4) When on-street parking permits are required but not offered to the occupant of the accessory
dwelling unit.
(5) When there is a car share vehicle located within one block of the accessory dwelling unit.
(e) Notwithstanding subdivisions (a)to (d), inclusive, a local agency shall ministerially approve an
application for a building permit to create within a zone for single-family use one accessory
dwelling unit per single-family lot if the unit is contained within the existing space of a single-
family residence or accessory structure, including, but not limited to, a studio, pool house, or
other similar structure, has independent exterior access from the existing residence, and the side
and rear setbacks are sufficient for fire safety. Accessory dwelling units shall not be required to
provide fire sprinklers if they are not required for the primary residence.A city may require owner
occupancy for either the primary or the accessory dwelling unit created through this process.
(f) (1) Fees charged for the construction of accessory dwelling units shall be determined in
accordance with Chapter 5 (commencing with Section 66000) and Chapter 7 (commencing with
Section 66012).
(2) Accessory dwelling units shall not be considered by a local agency, special district, or water
corporation to be a new residential use for the purposes of calculating connection fees or
capacity charges for utilities, including water and sewer service.
(A) For an accessory dwelling unit described in subdivision (e), a local agency, special district, or
water corporation shall not require the applicant to install a new or separate utility connection
directly between the accessory dwelling unit and the utility or impose a related connection fee
or capacity charge.
(B) For an accessory dwelling unit that is not described in subdivision (e), a local agency, special
district, or water corporation may require a new or separate utility connection directly between
the accessory dwelling unit and the utility. Consistent with Section 66013, the connection may
be subject to a connection fee or capacity charge that shall be proportionate to the burden of
the proposed accessory dwelling unit, based upon either its size or the number of its plumbing
fixtures, upon the water or sewer system.This fee or charge shall not exceed the reasonable cost
of providing this service.
(g) This section does not limit the authority of local agencies to adopt less restrictive
requirements for the creation of an accessory dwelling unit.
(h) Local agencies shall submit a copy of the ordinance adopted pursuant to subdivision (a)to the
Department of Housing and Community Development within 60 days after adoption. The
department may review and comment on this submitted ordinance.
(i) As used in this section, the following terms mean:
(1) "Living area" means the interior habitable area of a dwelling unit including basements and
attics but does not include a garage or any accessory structure.
(2) "Local agency" means a city, county, or city and county, whether general law or chartered.
(3) For purposes of this section, "neighborhood" has the same meaning as set forth in Section
65589.5.
(4) "Accessory dwelling unit" means an attached or a detached residential dwelling unit which
provides complete independent living facilities for one or more persons. It shall include
I
yommilr
permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as
the single-family dwelling is situated. An accessory dwelling unit also includes the following:
(A) An efficiency unit, as defined in Section 17958.1 of the Health and Safety Code.
(B) A manufactured home, as defined in Section 18007 of the Health and Safety Code.
(5) "Passageway" means a pathway that is unobstructed clear to the sky and extends from a
street to one entrance of the accessory dwelling unit.
(6) "Tandem parking" means that two or more automobiles are parked on a driveway or in any
other location on a lot, lined up behind one another.
(j) Nothing in this section shall be construed to supersede or in any way alter or lessen the effect
or application of the California Coastal Act of 1976 (Division 20 (commencing with Section 30000)
of the Public Resources Code), except that the local government shall not be required to hold
public hearings for coastal development permit applications for accessory dwelling units.
(Amended by Stats. 2017, Ch. 602, Sec. 1.5. (AB 494) Effective January 1, 2018.)
STATE OF CALIFORNIA
L.""' ' AUTHENTICATED
WAVY ELFCTROIIC LEGALMATOWL
Senate Bill No. 1069
CHAPTER 720
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.
[Approved by Governor September 27,2016.Filed with
Secretary of State September 27,2016.]
•
LEGISLATIVE COUNSEL'S DIGEST
SB 1069,Wieckowski.Land use:zoning.
The Planning and Zoning Law authorizes the legislative body of a city
or county to regulate,among other things,the intensity of land use,and also
authorizes a local agency to provide by ordinance for the creation of 2nd
units in single-family and multifamily residential zones,as specified.That
law makes findings and declarations with respect to the value of 2nd units
to California's housing supply.
This bill would replace the term"second unit"with"accessory dwelling
unit"throughout the law.The bill would additionally find and declare that,
among other things,allowing accessory dwelling units in single-family or
multifamily residential zones provides additional rental housing stock,and
these units are an essential component of housing supply in California.
The Planning and Zoning Law authorizes the ordinance for the creation
of 2nd units in single-family and multifamily residential zones to include
specified provisions regarding areas where accessory dwelling units may
be located, standards, including the imposition of parking standards, and
lot density.Existing law,when a local agency has not adopted an ordinance
governing 2nd units as so described,requires the local agency to approve
or disapprove the application ministerially,as provided.
This bill would instead require the ordinance for the creation of accessory
dwelling units to include the provisions described above. The bill would
prohibit the imposition of parking standards under specified circumstances.
The bill would revise requirements for the approval or disapproval of an
accessory dwelling unit application when a local agency has not adopted
an ordinance. The bill would also require the ministerial approval of an
application for a building permit to create one accessory dwelling unit within
the existing space of a single-family residence or accessory structure, as
specified.The bill would prohibit a local agency from requiring an applicant
for this permit to install a new or separate utility connection directly between
the unit and the utility or imposing a related connection fee or capacity
charge.The bill would authorize a local agency to impose this requirement
for other accessory dwelling units.
This bill would incorporate additional changes in Section 65852.2 of the
Government Code proposed by AB 2299 that would become operative only
90
EXHIBIT D
Ch.720 —2—
if AB 2299 and this bill are both chaptered and become effective on or
before January 1,2017,and this bill is chaptered last.
By increasing the duties of local officials, this bill would impose a
state-mandated local program.
The California Constitution requires the state to reimburse local agencies
and school districts for certain costs mandated by the state. Statutory
provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for
a specified reason.
The people of the State of California do enact as follows:
SECTION 1. Section 65582.1 of the Government Code is amended to
read:
65582.1. The Legislature finds and declares that it has provided reforms
and incentives to facilitate and expedite the construction of affordable
housing. Those reforms and incentives can be found in the following
provisions:
(a) Housing element law(Article 10.6(commencing with Section 65580)
of Chapter 3).
(b) Extension of statute of limitations in actions challenging the housing
element and brought in support of affordable housing (subdivision (d) of
Section 65009).
(c) Restrictions on disapproval of housing developments (Section
65589.5).
(d) Priority for affordable housing in the allocation of water and sewer
hookups(Section 65589.7).
(e) Least cost zoning law(Section 65913.1).
(0 Density bonus law(Section 65915).
(g) Accessory dwelling units(Sections 65852.150 and 65852.2).
(h) By-right housing,in which certain multifamily housing are designated
a permitted use(Section 65589.4).
(i) No-net-loss-in zoning density law limiting downzonings and density
reductions(Section 65863).
(j) Requiring persons who sue to halt affordable housing to pay attorney
fees (Section 65914) or post a bond (Section 529.2 of the Code of Civil
Procedure).
(k) Reduced time for action on affordable housing applications under
the approval of development permits process(Article 5(commencing with
Section 65950)of Chapter 4.5).
(1) Limiting moratoriums on multifamily housing(Section 65858).
(m) Prohibiting discrimination against affordable housing (Section
65008).
(n) California Fair Employment and Housing Act(Part 2.8(commencing
with Section 12900)of Division 3).
90
-3— Ch.720
(o) Community redevelopment law (Part 1 (commencing with Section
33000) of Division 24 of the Health and Safety Code, and in particular
Sections 33334.2 and 33413).
SEC.2. Section 65583.1 of the Government Code is amended to read:
65583.1. (a) The Department of Housing and Community Development,
in evaluating a proposed or adopted housing element for substantial
compliance with this article,may allow a city or county to identify adequate
sites, as required pursuant to Section 65583, by a variety of methods,
including, but not limited to, redesignation of property to a more intense
land use category and increasing the density allowed within one or more
categories.The department may also allow a city or county to identify sites
for accessory dwelling units based on the number of accessory dwelling
units developed in the prior housing element planning period whether or
not the units are permitted by right, the need for these units in the
community,the resources or incentives available for their development,and
any other relevant factors,as determined by the department.Nothing in this
section reduces the responsibility of a city or county to identify,by income
category,the total number of sites for residential development as required
by this article.
(b) Sites that contain permanent housing units located on a military base
undergoing closure or conversion as a result of action pursuant to the Defense
Authorization Amendments and Base Closure and Realignment Act(Public
Law 100-526), the Defense Base Closure and Realignment Act of 1990
(Public Law 101-510), or any subsequent act requiring the closure or
conversion of a military base may be identified as an adequate site if the
housing element demonstrates that the housing units will be available for
occupancy by households within the planning period of the element. No
sites containing housing units scheduled or planned for demolition or
conversion to nonresidential uses shall qualify as an adequate site.
Any city,city and county,or county using this subdivision shall address
the progress in meeting this section in the reports provided pursuant to
paragraph(1)of subdivision(b)of Section 65400.
(c) (1) The Department of Housing and Community Development may
allow a city or county to substitute the provision of units for up to 25 percent
of the community's obligation to identify adequate sites for any income
category in its housing element pursuant to paragraph(1)of subdivision(c)
of Section 65583 where the community includes in its housing element a
program committing the local government to provide units in that income
category within the city or county that will be made available through the
provision of committed assistance during the planning period covered by
the element to low-and very low income households at affordable housing
costs or affordable rents,as defined in Sections 50052.5 and 50053 of the
Health and Safety Code,and which meet the requirements of paragraph(2).
Except as otherwise provided in this subdivision, the community may
substitute one dwelling unit for one dwelling unit site in the applicable
income category.The program shall do all of the following:
90
Ch.720 —4—
(A) Identify the specific, existing sources of committed assistance and
dedicate a specific portion of the funds from those sources to the provision
of housing pursuant to this subdivision.
(B) Indicate the number of units that will be provided to both low-and
very low income households and demonstrate that the amount of dedicated
funds is sufficient to develop the units at affordable housing costs or
affordable rents.
(C) Demonstrate that the units meet the requirements of paragraph(2).
(2) Only units that comply with subparagraph (A), (B), or (C) qualify
for inclusion in the housing element program described in paragraph (1),
as follows:
(A) Units that are to be substantially rehabilitated with committed
assistance from the city or county and constitute a net increase in the
community's stock of housing affordable to low- and very low income
households.For purposes of this subparagraph,a unit is not eligible to be
"substantially rehabilitated" unless all of the following requirements are
met:
(i) At the time the unit is identified for substantial rehabilitation,(I)the •
local government has determined that the unit is at imminent risk of loss to •
the housing stock, (II) the local government has committed to provide
relocation assistance pursuant to Chapter 16 (commencing with Section
7260)of Division 7 of Title 1 to any occupants temporarily or permanently
displaced by the rehabilitation or code enforcement activity,or the relocation
is otherwise provided prior to displacement either as a condition of
receivership, or provided by the property owner or the local government
pursuant to Article 2.5 (commencing with Section 17975) of Chapter 5 of
Part 1.5 of Division 13 of the Health and Safety Code, or as otherwise
provided by local ordinance;provided the assistance includes not less than
the equivalent of four months'rent and moving expenses and comparable
replacement housing consistent with the moving expenses and comparable
replacement housing required pursuant to Section 7260, (III) the local
government requires that any displaced occupants will have the right to
reoccupy the rehabilitated units, and(IV) the unit has been found by the
local government or a court to be unfit for human habitation due to the
existence of at least four violations of the conditions listed in subdivisions
(a)to(g),inclusive,of Section 17995.3 of the Health and Safety Code.
(ii) The rehabilitated unit will have long-term affordability covenants
and restrictions that require the unit to be available to, and occupied by,
persons or families of low-or very low income at affordable housing costs
for at least 20 years or the time period required by any applicable federal
or state law or regulation.
(iii) Prior to initial occupancy after rehabilitation, the local code
enforcement agency shall issue a certificate of occupancy indicating
compliance with all applicable state and local building code and health and •
safety code requirements.
(B) Units that are located either on foreclosed property or in a multifamily
rental or ownership housing complex of three or more units,are converted
90
—5— Ch.720
with committed assistance from the city or county from nonaffordable to
affordable by acquisition of the unit or the purchase of affordability
covenants and restrictions for the unit,are not acquired by eminent domain,
and constitute a net increase in the community's stock of housing affordable
to low-and very low income households.For purposes of this subparagraph,
a unit is not converted by acquisition or the purchase of affordability
covenants unless all of the following occur:
(i) The unit is made available for rent at a cost affordable to low-or very
low income households.
(ii) At the time the unit is identified for acquisition, the unit is not
available at an affordable housing cost to either of the following:
(I) Low-income households, if the unit will be made affordable to
low-income households.
(II) Very low income households, if the unit will be made affordable to
very low income households.
(iii) At the time the unit is identified for acquisition the unit is not
occupied by low-or very low income households or if the acquired unit is
occupied, the local government has committed to provide relocation
assistance prior to displacement,if any,pursuant to Chapter 16(commencing
with Section 7260)of Division 7 of Title 1 to any occupants displaced by
the conversion,or the relocation is otherwise provided prior to displacement;
provided the assistance includes not less than the equivalent of four months'
rent and moving expenses and comparable replacement housing consistent
with the moving expenses and comparable replacement housing required
pursuant to Section 7260.
(iv) The unit is in decent, safe, and sanitary condition at the time of
occupancy.
(v) The unit has long-term affordability covenants and restrictions that
require the unit to be affordable to persons of low-or very low income for
not less than 55 years.
(vi) For units located in multifamily ownership housing complexes with
three or more units,or on or after January 1,2015,on foreclosed properties,
at least an equal number of new-construction multifamily rental units
affordable to lower income households have been constructed in the city or
county within the same planning period as the number of ownership units
to be converted.
(C) Units that will be preserved at affordable housing costs to persons
or families of low- or very low incomes with committed assistance from
the city or county by acquisition of the unit or the purchase of affordability
covenants for the unit. For purposes of this subparagraph, a unit shall not
be deemed preserved unless all of the following occur:
(i) The unit has long-term affordability covenants and restrictions that
require the unit to be affordable to,and reserved for occupancy by,persons
of the same or lower income group as the current occupants for a period of
at least 40 years.
(ii) The unit is within an"assisted housing development,"as defined in
paragraph(3)of subdivision(a)of Section 65863.10.
90
Ch.720 —6—
(iii) The city or county finds, after a public hearing, that the unit is
eligible,and is reasonably expected,to change from housing affordable to
low-and very low income households to any other use during the next five
years due to termination of subsidy contracts, mortgage prepayment, or
expiration of restrictions on use.
(iv) The unit is in decent, safe, and sanitary condition at the time of
occupancy.
(v) At the time the unit is identified for preservation it is available at
affordable cost to persons or families of low-or very low income.
(3) This subdivision does not apply to any city or county that,during the
current or immediately prior planning period,as defined by Section 65588,
has not met any of its share of the regional need for affordable housing,as
defined in Section 65584,for low-and very low income households.A city
or county shall document for any housing unit that a building permit has
been issued and all development and permit fees have been paid or the unit
is eligible to be lawfully occupied.
(4) For purposes of this subdivision,"committed assistance"means that
the city or county enters into a legally enforceable agreement during the
period from the beginning of the projection period until the end of the second
year of the planning period that obligates sufficient available funds to provide
the assistance necessary to make the identified units affordable and that
requires that the units be made available for occupancy within two years of
the execution of the agreement. "Committed assistance"does not include
tenant-based rental assistance.
(5) For purposes of this subdivision,"net increase"includes only housing
units provided committed assistance pursuant to subparagraph (A) or(B)
of paragraph(2)in the current planning period,as defined in Section 65588,
that were not provided committed assistance in the immediately prior
planning period.
(6) For purposes of this subdivision, "the time the unit is identified"
means the earliest time when any city or county agent,acting on behalf of
a public entity,has proposed in writing or has proposed orally or in writing
to the property owner, that the unit be considered for substantial
rehabilitation,acquisition,or preservation.
(7) In the third year of the planning period,as defined by Section 65588,
in the report required pursuant to Section 65400, each city or county that
has included in its housing element a program to provide units pursuant to
subparagraph(A),(B),or(C)of paragraph(2)shall report in writing to the
legislative body,and to the department within 30 days of making its report
to the legislative body, on its progress in providing units pursuant to this
subdivision.The report shall identify the specific units for which committed
assistance has been provided or which have been made available to low-
and very low income households, and it shall adequately document how
each unit complies with this subdivision. If,by July 1 of the third year of
the planning period,the city or county has not entered into an enforceable
agreement of committed assistance for all units specified in the programs
adopted pursuant to subparagraph(A),(B),or(C)of paragraph(2),the city
90
—7— Ch.720
or county shall,not later than July 1 of the fourth year of the planning period,
adopt an amended housing element in accordance with Section 65585,
identifying additional adequate sites pursuant to paragraph(1)of subdivision
(c) of Section 65583 sufficient to accommodate the number of units for
which committed assistance was not provided.If a city or county does not
amend its housing element to identify adequate sites to address any shortfall,
or fails to complete the rehabilitation,acquisition,purchase of affordability
covenants, or the preservation of any housing unit within two years after
committed assistance was provided to that unit,it shall be prohibited from
identifying units pursuant to subparagraph(A),(B),or(C)of paragraph(2)
in the housing element that it adopts for the next planning period,as defined
in Section 65588,above the number of units actually provided or preserved
due to committed assistance.
(d) A city or county may reduce its share of the regional housing need
by the number of units built between the start of the projection period and
the deadline for adoption of the housing element.If the city or county reduces
its share pursuant to this subdivision,the city or county shall include in the
housing element a description of the methodology for assigning those
housing units to an income category based on actual or projected sales price,
rent levels,or other mechanisms establishing affordability.
SEC.3. Section 65589.4 of the Government Code is amended to read:
65589.4. (a) An attached housing development shall be a permitted use
not subject to a conditional use permit on any parcel zoned for an attached
housing development if local law so provides or if it satisfies the
requirements of subdivision(b)and either of the following:
(1) The attached housing development satisfies the criteria of Section
21159.22,21159.23,or 21159.24 of the Public Resources Code.
(2) The attached housing development meets all of the following criteria:
(A) The attached housing development is subject to a discretionary
decision other than a conditional use permit and a negative declaration or
mitigated negative declaration has been adopted for the attached housing
development under the California Environmental Quality Act(Division 13
(commencing with Section 21000) of the Public Resources Code). If no
public hearing is held with respect to the discretionary decision, then the
negative declaration or mitigated negative declaration for the attached
housing development may be adopted only after a public hearing to receive
comments on the negative declaration or mitigated negative declaration.
(B) The attached housing development is consistent with both the
jurisdiction's zoning ordinance and general plan as it existed on the date
the application was deemed complete, except that an attached housing
development shall not be deemed to be inconsistent with the zoning
designation for the site if that zoning designation is inconsistent with the
general plan only because the attached housing development site has not
been rezoned to conform with the most recent adopted general plan.
(C) The attached housing development is located in an area that is covered
by one of the following documents that has been adopted by the jurisdiction
90
Ch.720 —$—
within five years of the date the application for the attached housing
development was deemed complete:
(i) A general plan.
(ii) A revision or update to the general plan that includes at least the land
use and circulation elements.
(iii) An applicable community plan.
(iv) An applicable specific plan.
(D) The attached housing development consists of not more than 100
residential units with a minimum density of not less than 12 units per acre
or a minimum density of not less than eight units per acre if the attached
•
housing development consists of four or fewer units.
(E) The attached housing development is located in an urbanized area
as defined in Section 21071 of the Public Resources Code or within a
census-defined place with a population density of at least 5,000 persons per
square mile or,if the attached housing development consists of 50 or fewer
units,within an incorporated city with a population density of at least 2,500
persons per square mile and a total population of at least 25,000 persons.
(F) The attached housing development is located on an infill site as
defined in Section 21061.0.5 of the Public Resources Code.
(b) At least 10 percent of the units of the attached housing development
shall be available at affordable housing cost to very low income households,
as defined in Section 50105 of the Health and Safety Code, or at least 20
percent of the units of the attached housing development shall be available
at affordable housing cost to lower income households,as defined in Section
50079.5 of the Health and Safety Code,or at least 50 percent of the units
of the attached housing development available at affordable housing cost
to moderate-income households, consistent with Section 50052.5 of the
Health and Safety Code.The developer of the attached housing development
shall provide sufficient legal commitments to the local agency to ensure the
continued availability and use of the housing units for very low, low-, or
moderate-income households for a period of at least 30 years.
(c) Nothing in this section shall prohibit a local agency from applying
design and site review standards in existence on the date the application
was deemed complete.
(d) The provisions of this section are independent of any obligation of a
jurisdiction pursuant to subdivision (c) of Section 65583 to identify
multifamily sites developable by right.
(e) This section does not apply to the issuance of coastal development
permits pursuant to the California Coastal Act(Division 20(commencing
with Section 30000)of the Public Resources Code).
(f) This section does not relieve a public agency from complying with
the California Environmental Quality Act(Division 13 (commencing with
Section 21000) of the Public Resources Code) or relieve an applicant or
public agency from complying with the Subdivision Map Act(Division 2
(commencing with Section 66473)).
90
—9— Ch.720
(g) This section is applicable to all cities and counties,including charter
cities, because the Legislature finds that the lack of affordable housing is
of vital statewide importance,and thus a matter of statewide concern.
(h) For purposes of this section,"attached housing development"means
a newly constructed or substantially rehabilitated structure containing two
or more dwelling units and consisting only of residential units,but does not
include an accessory dwelling unit, as defined by paragraph (4) of
subdivision(j)of Section 65852.2,or the conversion of an existing structure
to condominiums.
SEC.4. Section 65852.150 of the Government Code is amended to read:
65852.150. (a) The Legislature finds and declares all of the following:
(1) Accessory dwelling units are a valuable form of housing in California.
(2) Accessory dwelling units provide housing for family members,
students,the elderly,in-home health care providers,the disabled,and others,
at below market prices within existing neighborhoods.
(3) Homeowners who create accessory dwelling units benefit from added
income,and an increased sense of security.
(4) Allowing accessory dwelling units in single-family or multifamily
residential zones provides additional rental housing stock in California.
(5) California faces a severe housing crisis.
(6) The state is falling far short of meeting current and future housing
demand with serious consequences for the state's economy, our ability to
build green infill consistent with state greenhouse gas reduction goals,and
the well-being of our citizens,particularly lower and middle-income earners.
(7) Accessory dwelling units offer lower cost housing to meet the needs
of existing and future residents within existing neighborhoods, while
respecting architectural character.
(8) Accessory dwelling units are, therefore, an essential component of
California's housing supply.
(b) It is the intent of the Legislature that an accessory dwelling unit
ordinance adopted by a local agency has the effect of'providing for the
creation of accessory dwelling units and that provisions in this ordinance
relating to matters including unit size,parking,fees,and other requirements,
are not so arbitrary,excessive,or burdensome so as to unreasonably restrict
the ability of homeowners to create accessory dwelling units in zones in
which they are authorized by local ordinance.
SEC. 5. Section 65852.2 of the Government Code is amended to read:
65852.2. (a) (1) A local agency may, by ordinance, provide for the
creation of accessory dwelling units in single-family and multifamily
residential zones.The ordinance shall do all of the following:
(A) Designate areas within the jurisdiction of the local agency where
accessory dwelling units may be permitted. The designation of areas may
be based on criteria,that may include,but are not limited to,the adequacy
of water and sewer services and the impact of accessory dwelling units on
traffic flow and public safety.
(B) Impose standards on accessory dwelling units that include,but are
not limited to,parking,height, setback,lot coverage,architectural review,
90
Ch.720 —10—
maximum size of a unit,and standards that prevent adverse impacts on any
real property that is listed in the California Register of Historic Places.
(C) Provide that accessory dwelling units do not exceed the allowable
density for the lot upon which the accessory dwelling unit is located,and
that accessory dwelling units are a residential use that is consistent with the
existing general plan and zoning designation for the lot.
(2) The ordinance shall not be considered in the application of any local
ordinance,policy,or program to limit residential growth.
(3) When a local agency receives its first application on or after July 1,
2003, for a permit pursuant to this subdivision, the application shall be
considered ministerially without discretionary review or a hearing,
notwithstanding Section 65901 or 65906 or any local ordinance regulating
the issuance of variances or special use permits,within 120 days of submittal
of a complete building permit application.A local agency may charge a fee
to reimburse it for costs that it incurs as a result of amendments to this
paragraph enacted during the 2001-02 Regular Session of the Legislature,
including the costs of adopting or amending any ordinance that provides
for the creation of accessory dwelling units.
(b) (1) When a local agency that has not adopted an ordinance governing
accessory dwelling units in accordance with subdivision(a)receives its first
application on or after July 1,1983,for a permit pursuant to this subdivision,
the local agency shall accept the application and approve or disapprove the
application ministerially without discretionary review pursuant to this
subdivision unless it adopts an ordinance in accordance with subdivision
(a)within 120 days after receiving the application.Notwithstanding Section
65901 or 65906,every local agency shall ministerially approve the creation
of an accessory dwelling unit if the accessory dwelling unit complies with
all of the following:
(A) The unit is not intended for sale separate from the primary residence
and may be rented.
(B) The lot is zoned for single-family or multifamily use.
(C) The lot contains an existing single-family dwelling.
(D) The accessory dwelling unit is either attached to the existing dwelling
and located within the living area of the existing dwelling or detached from
the existing dwelling and located on the same lot as the existing dwelling.
(E) The increased floor area of an attached accessory dwelling unit shall
not exceed 50 percent of the existing living area,with a maximum increase
in floor area of 1,200 square feet.
(F) The total area of floorspace for a detached accessory dwelling unit
shall not exceed 1,200 square feet.
(G) Requirements relating to height,setback,lot coverage,architectural
review, site plan review, fees, charges, and other zoning requirements
generally applicable to residential construction in the zone in which the
property is located.
(H) Local building code requirements that apply to detached dwellings,
as appropriate.
90
•
•
-11— Ch. /20
(I) Approval by the local health officer where a private sewage disposal
system is being used,if required.
(2) No other local ordinance,policy,or regulation shall be the basis for
the denial of a building permit or a use permit under this subdivision.
(3) This subdivision establishes the maximum standards that local
agencies shall use to evaluate proposed accessory dwelling units on lots
zoned for residential use that contain an existing single-family dwelling.
No additional standards, other than those provided in this subdivision or
subdivision(a),shall be utilized or imposed,except that a local agency may
require an applicant for a permit issued pursuant to this subdivision to be
an owner-occupant or that the property be used for rentals of terms longer
than 30 days.
(4) A local agency may amend its zoning ordinance or general plan to
incorporate the policies, procedures, or other provisions applicable to the
creation of accessory dwelling units if these provisions are consistent with
the limitations of this subdivision.
(5) An accessory dwelling unit that conforms to this subdivision shall
not be considered to exceed the allowable density for the lot upon which it
is located,and shall be deemed to be a residential use that is consistent with
the existing general plan and zoning designations for the lot.The accessory
dwelling units shall not be considered in the application of any local
ordinance,policy,or program to limit residential growth.
(c) A local agency may establish minimum and maximum unit size
requirements for both attached and detached accessory dwelling units.No
minimum or maximum size for an accessory dwelling unit, or size based
upon a percentage of the existing dwelling,shall be established by ordinance
for either attached or detached dwellings that does not otherwise permit at
least an efficiency unit to be constructed in compliance with local
development standards.Accessory dwelling units shall not be required to
provide fire sprinklers if they are not required for the primary residence.
(d) Parking requirements for accessory dwelling units shall not exceed
one parking space per unit or per bedroom.These spaces may be provided
as tandem parking on an existing driveway. Off-street parking shall be
permitted in setback areas in locations determined by the local agency or
through tandem parking,unless specific findings are made that parking in
setback areas or tandem parking is not feasible based upon fire and life
safety conditions.This subdivision shall not apply to a unit that is described
in subdivision(e).
(e) Notwithstanding any other law,a local agency,whether or not it has
adopted an ordinance governing accessory dwelling units in accordance
with subdivision (a), shall not impose parking standards for an accessory
dwelling unit in any of the following instances:
(1) The accessory dwelling unit is located within one-half mile of public
transit.
(2) The accessory dwelling unit is located within an architecturally and
historically significant historic district.
90
Ch.720 —12—
(3) The accessory dwelling unit is part of the existing primary residence
or an existing accessory structure.
(4) When on-street parking permits are required but not offered to the
occupant of the accessory dwelling unit.
(5) When there is a car share vehicle located within one block of the
accessory dwelling unit.
(f) Notwithstanding subdivisions(a)to(e),inclusive,a local agency shall
ministerially approve an application for a building permit to create within
a single-family residential zone one accessory dwelling unit per single-family .
lot if the unit is contained within the existing space of a single-family
residence or accessory structure,has independent exterior access from the
existing residence, and the side and rear setbacks are sufficient for fire
safety. Accessory dwelling units shall not be required to provide fire
sprinklers if they are not required for the primary residence.
(g) (1) Fees charged for the construction of accessory dwelling units
shall be determined in accordance with Chapter 5(commencing with Section
66000)and Chapter 7(commencing with Section 66012).
(2) Accessory dwelling units shall not be considered new residential uses
for the purposes of calculating local agency connection fees or capacity
charges for utilities,including water and sewer service.
(A) For an accessory dwelling unit described in subdivision(f),a local
agency shall not require the applicant to install a new or separate utility
connection directly between the accessory dwelling unit and the utility or
impose a related connection fee or capacity charge.
(B) For an accessory dwelling unit that is not described in subdivision
(0,a local agency may require a new or separate utility connection directly
between the accessory dwelling unit and the utility.Consistent with Section
66013,the connection may be subject to a connection fee or capacity charge
that shall be proportionate to the burden of the proposed accessory dwelling
unit,based upon either its size or the number of its plumbing fixtures,upon
the water or sewer system.This fee or charge shall not exceed the reasonable
cost of providing this service.
(h) This section does not limit the authority of local agencies to adopt
less restrictive requirements for the creation of accessory dwelling units.
(i) Local agencies shall submit a copy of the ordinances adopted pursuant
to subdivision (a) to the Department of Housing and Community
Development within 60 days after adoption.
(j) As used in this section,the following terms mean:
(1) "Living area" means the interior habitable area of a dwelling unit
including basements and attics but does not include a garage or any accessory
structure.
(2) "Local agency" means a city, county, or city and county, whether
general law or chartered.
(3) For purposes of this section,"neighborhood"has the same meaning
as set forth in Section 65589.5.
(4) "Accessory dwelling unit"means an attached or a detached residential
dwelling unit which provides complete independent living facilities for one
90
-13— Ch.720 •
or more persons.It shall include permanent provisions for living,sleeping,
eating, cooking, and sanitation on the same parcel as the single-family
dwelling is situated.An accessory dwelling unit also includes the following:
(A) An efficiency unit,as defined in Section 17958.1 of Health and Safety
Code.
(B) A manufactured home, as defined in Section 18007 of the Health
and Safety Code.
(k) Nothing in this section shall be construed to supersede or in any way
alter or lessen the effect or application of the California Coastal Act(Division
20(commencing with Section 30000)of the Public Resources Code),except
that the local government shall not be required to hold public hearings for
coastal development permit applications for accessory dwelling units.
SEC.5.5. Section 65852.2 of the Government Code is amended to read:
65852.2. (a) (1) A local agency may, by ordinance, provide for the
creation of accessory dwelling units in single-family and multifamily
residential zones.The ordinance shall do all of the following:
(A) Designate areas within the jurisdiction of the local agency where
accessory dwelling units may be permitted. The designation of areas may
be based on criteria,that may include,but are not limited to,the adequacy
of water and sewer services and the impact of accessory dwelling units on
traffic flow and public safety.
(B) (i) Impose standards on accessory dwelling units that include, but
are not limited to, parking, height, setback, lot coverage, landscape,
architectural review, maximum size of a unit, and standards that prevent
adverse impacts on any real property that is listed in the California Register
of Historic Places.
(ii) Notwithstanding clause(i),a local agency may reduce or eliminate
parking requirements for any accessory dwelling unit located within its
jurisdiction.
(C) Provide that accessory dwelling units do not exceed the allowable
density for the lot upon which the accessory dwelling unit is located, and
that accessory dwelling units are a residential use that is consistent with the
existing general plan and zoning designation for the lot.
(D) Require the accessory dwelling units to comply with all of the
following:
(i) The unit is not intended for sale separate from the primary residence
and may be rented.
(ii) The lot is zoned for single-family or multifamily use and contains
an existing,single-family dwelling.
(iii) The accessory dwelling unit is either attached to the existing dwelling
or located within the living area of the existing dwelling or detached from
the existing dwelling and located on the same lot as the existing dwelling.
(iv) The increased floor area of an attached accessory dwelling unit shall
not exceed 50 percent of the existing living area,with a maximum increase
in floor area of 1,200 square feet.
(v) The total area of floorspace for a detached accessory dwelling unit
shall not exceed 1,200 square feet.
90
Ch.720 —14—
(vi) No passageway shall be required in conjunction with the construction
of an accessory dwelling unit.
(vii) No setback shall be required for an existing garage that is converted
to a accessory dwelling unit,and a setback of no more than five feet from
the side and rear lot lines shall be required for an accessory dwelling unit
that is constructed above a garage.
(viii) Local building code requirements that apply to detached dwellings,
as appropriate.
(ix) Approval by the local health officer where a private sewage disposal
system is being used,if required.
(x) (I) Parking requirements for accessory dwelling units shall not exceed
one parking space per unit or per bedroom.These spaces may be provided
as tandem parking on an existing driveway.
(II) Offstreet parking shall be permitted in setback areas in locations
determined by the local agency or through tandem parking,unless specific
findings are made that parking in setback areas or tandem parking is not
feasible based upon specific site or regional topographical or fire and life
safety conditions,or that it is not permitted anywhere else in the jurisdiction.
(III) This clause shall not apply to a unit that is described in subdivision
(d).
(xi) When a garage,carport,or covered parking structure is demolished
in conjunction with the construction of an accessory dwelling unit,and the
local agency requires that those offstreet parking spaces be replaced, the
replacement spaces may be located in any configuration on the same lot as
the accessory dwelling unit,including,but not limited to,as covered spaces,
uncovered spaces,or tandem spaces,or by the use of mechanical automobile
parking lifts. This clause shall not apply to a unit that is described in
subdivision(d).
(2) The ordinance shall not be considered in the application of any local
ordinance,policy,or program to limit residential growth.
(3) When a local agency receives its first application on or after July 1,
2003, for a permit pursuant to this subdivision, the application shall be
considered ministerially without discretionary review or a hearing,
notwithstanding Section 65901 or 65906 or any local ordinance regulating
the issuance of variances or special use permits, within 120 days after
receiving the application.A local agency may charge a fee to reimburse it
for costs that it incurs as a result of amendments to this paragraph enacted
during the 2001-02 Regular Session of the Legislature,including the costs
of adopting or amending any ordinance that provides for the creation of an
accessory dwelling unit.
(4) An existing ordinance governing the creation of an accessory dwelling
unit by a local agency or an accessory dwelling ordinance adopted by a
local agency subsequent to the effective date of the act adding this paragraph
shall provide an approval process that includes only ministerial provisions
for the approval of accessory dwelling units and shall not include any
discretionary processes,provisions,or requirements for those units,except
as otherwise provided in this subdivision. In the event that a local agency
90
-15— Ch.720
has an existing accessory dwelling unit ordinance that fails to meet the
requirements of this subdivision,that ordinance shall be null and void upon
the effective date of the act adding this paragraph and that agency shall
thereafter apply the standards established in this subdivision for the approval
of accessory dwelling units,unless and until the agency adopts an ordinance
that complies with this section.
(5) No other local ordinance,policy,or regulation shall be the basis for
the denial of a building permit or a use permit under this subdivision.
(6) This subdivision establishes the maximum standards that local
agencies shall use to evaluate a proposed accessory dwelling unit on a lot
zoned for residential use that contains an existing single-family dwelling.
No additional standards,other than those provided in this subdivision,shall
be utilized or imposed,except that a local agency may require an applicant
for a permit issued pursuant to this subdivision to be an owner-occupant or
that the property be used for rentals of terms longer than 30 days.
(7) A local agency may amend its zoning ordinance or general plan to
incorporate the policies,procedures, or other provisions applicable to the
creation of an accessory dwelling unit if these provisions are consistent with
the limitations of this subdivision.
(8) An accessory dwelling unit that conforms to this subdivision shall
be deemed to be an accessory use or an accessory building and shall not be
considered to exceed the allowable density for the lot upon which it is
located,and shall be deemed to be a residential use that is consistent with
the existing general plan and zoning designations for the lot.The accessory
dwelling unit shall not be considered in the application of any local
ordinance,policy,or program to limit residential growth.
(b) When a local agency that has not adopted an ordinance governing
accessory dwelling units in accordance with subdivision(a)receives its first
application on or after July 1, 1983, for a permit to create an accessory
dwelling unit pursuant to this subdivision,the local agency shall accept the
application and approve or disapprove the application ministerially without
discretionary review pursuant to subdivision (a) within 120 days after
receiving the application.
(c) A local agency may establish minimum and maximum unit size
requirements for both attached and detached accessory dwelling units.No
minimum or maximum size for an accessory dwelling unit, or size based
upon a percentage of the existing dwelling,shall be established by ordinance
for either attached or detached dwellings that does not permit at least an
efficiency unit to be constructed in compliance with local development
standards. Accessory dwelling units shall not be required to provide fire
sprinklers if they are not required for the primary residence.
(d) Notwithstanding any other law,a local agency,whether or not it has
adopted an ordinance governing accessory dwelling units in accordance
with subdivision (a), shall not impose parking standards for an accessory
dwelling unit in any of the following instances:
(1) The accessory dwelling unit is located within one-half mile of public
transit.
90
0
Ch.720 —16—
(2) The accessory dwelling unit is located within an architecturally and •
historically significant historic district.
(3) The accessory dwelling unit is part of the existing primary residence
or an existing accessory structure.
(4) When on-street parking permits are required but not offered to the
occupant of the accessory dwelling unit.
(5) When there is a car share vehicle located within one block of the
accessory dwelling unit.
(e) Notwithstanding subdivisions (a) to (d), inclusive, a local agency
shall ministerially approve an application for a building permit to create
within a single-family residential zone one accessory dwelling unit per
single-family lot if the unit is contained within the existing space of a
single-family residence or accessory structure, has independent exterior
access from the existing residence, and the side and rear setbacks are
sufficient for fire safety.Accessory dwelling units shall not be required to
provide fire sprinklers if they are not required for the primary residence.
(f) (1) Fees charged for the construction of accessory dwelling units
shall be determined in accordance with Chapter 5(commencing with Section
66000)and Chapter 7(commencing with Section 66012).
(2) Accessory dwelling units shall not be considered new residential uses
for the purposes of calculating local agency connection fees or capacity
•
charges for utilities,including water and sewer service.
(A) For an accessory dwelling unit described in subdivision(e),a local
agency shall not require the applicant to install a new or separate utility
connection directly between the accessory dwelling unit and the utility or
impose a related connection fee or capacity charge.
(B) For an accessory dwelling unit that is not described in subdivision
(e),a local agency may require a new or separate utility connection directly
between the accessory dwelling unit and the utility.Consistent with Section
66013,the connection may be subject to a connection fee or capacity charge
that shall be proportionate to the burden of the proposed accessory dwelling
unit,based upon either its size or the number of its plumbing fixtures,upon
the water or sewer system.This fee or charge shall not exceed the reasonable
cost of providing this service.
(g) This section does not limit the authority of local agencies to adopt
less restrictive requirements for the creation of an accessory dwelling unit.
(h) Local agencies shall submit a copy of the ordinance adopted pursuant
to subdivision (a) to the Department of Housing and Community
Development within 60 days after adoption.
(i) As used in this section,the following terms mean:
(1) "Living area" means the interior habitable area of a dwelling unit
including basements and attics but does not include a garage or any accessory
structure.
(2) "Local agency" means a city, county, or city and county, whether
general law or chartered.
(3) For purposes of this section,"neighborhood"has the same meaning
• as set forth in Section 65589.5.
90
-17— Ch.720
(4) "Accessory dwelling unit"means an attached or a detached residential
dwelling unit which provides complete independent living facilities for one
or more persons.It shall include permanent provisions for living,sleeping,
eating, cooking, and sanitation on the same parcel as the single-family
dwelling is situated.An accessory dwelling unit also includes the following:
(A) An efficiency unit,as defined in Section 17958.1 of Health and Safety
Code.
(B) A manufactured home, as defined in Section 18007 of the Health
and Safety Code.
(5) "Passageway"means a pathway that is unobstructed clear to the sky
and extends from a street to one entrance of the accessory dwelling unit.
(j) Nothing in this section shall be construed to supersede or in any way
alter or lessen the effect or application of the California Coastal Act(Division
20(commencing with Section 30000)of the Public Resources Code),except
that the local government shall not be required to hold public hearings for
coastal development permit applications for accessory dwelling units.
SEC.6. Section 66412.2 of the Government Code is amended to read:
66412.2. This division shall not apply to the construction,financing,or
leasing of dwelling units pursuant to Section 65852.1 or accessory dwelling
units pursuant to Section 65852.2, but this division shall be applicable to
the sale or transfer,but not leasing,of those units.
SEC. 7. Section 5.5 of this bill incorporates amendments to Section
65852.2 of the Government Code proposed by both this bill and Assembly
Bill 2299. It shall only become operative if(1)both bills are enacted and
become effective on or before January 1,2017,(2)each bill amends Section
65852.2 of the Government Code,and(3)this bill is enacted after Assembly
Bill 2299,in which case Section 5 of this bill shall not become operative.
SEC.8. No reimbursement is required by this act pursuant to Section 6
of Article XIII B of the California Constitution because a local agency or
school district has the authority to levy service charges,fees,or assessments
sufficient to pay for the program or level of service mandated by this act,
within the meaning of Section 17556 of the Government Code.
0
90
III
II
1
Al
STATE OF CALIFORNIA
AUTHENTICATED
ELECTRON(IFUL MTERIAL
Assembly Bill No.2299
CHAPTER 735
An act to amend Section 65852.2 of the Government Code,relating to
land use.
[Approved by Governor September 27,2016.Filed with
Secretary of State September 27,2016.]
LEGISLATIVE COUNSEL'S DIGEST
AB 2299,Bloom.Land use:housing:2nd units.
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.Existing
law authorizes the ordinance to designate areas within the jurisdiction of
the local agency where 2nd units may be permitted, to impose specified
standards on 2nd units,and to provide that 2nd units do not exceed allowable
density and are a residential use,as specified.
This bill would replace the term"second unit"with"accessory dwelling
unit."The bill would,instead,require the ordinance to include the elements
described above and would also require the ordinance to require accessory
dwelling units to comply with specified conditions.This bill would require
ministerial,nondiscretionary approval of an accessory dwelling unit under
an existing ordinance.The bill would also specify that a local agency may
reduce or eliminate parking requirements for any accessory dwelling unit
located within its jurisdiction.
Existing law requires that parking requirements for 2nd units not exceed
one parking space per unit or per bedroom.Under existing law,additional
parking may be required provided that a finding is made that the additional
parking requirements are directly related to the use of the 2nd unit and are
consistent with existing neighborhood standards applicable to residential
dwellings.
This bill would delete the above-described authorization for additional
parking requirements.
By increasing the duties of local officials with respect to land use
regulations,this bill would impose a state-mandated local program.
This bill would incorporate additional changes in Section 65852.2 of the
Government Code proposed by SB 1069 that would become operative only
if SB 1069 and this bill are both chaptered and become effective on or before
January 1,2017,and this bill is chaptered last.
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.
94
Ch.735 —2—
This bill would provide that no reimbursement is required by this act for
a specified reason.
The people of the State of California do enact as follows:
SECTION 1. Section 65852.2 of the Government Code is amended to
read:
65852.2. (a) (1) A local agency may, by ordinance, provide for the
creation of accessory dwelling units in single-family and multifamily
residential zones.The ordinance shall do all of the following:
(A) Designate areas within the jurisdiction of the local agency where
accessory dwelling units may be permitted.The designation of areas may
be based on criteria,that may include,but are not limited to,the adequacy
of water and sewer services and the impact of accessory dwelling units on
traffic flow and public safety.
(B) Impose standards on accessory dwelling units that include, but are
not limited to,parking,height,setback,lot coverage,landscape,architectural
review,maximum size of a unit,and standards that prevent adverse impacts
on any real property that is listed in the California Register of Historic
Places.
(C) Notwithstanding subparagraph (B), a local agency may reduce or
eliminate parking requirements for any accessory dwelling unit located
within its jurisdiction.
(D) Provide that accessory dwelling units do not exceed the allowable
density for the lot upon which the accessory dwelling unit is located, and
that accessory dwelling units are a residential use that is consistent with the
existing general plan and zoning designation for the lot.
(E) Require the accessory dwelling units to comply with all of the
following:
(i) The unit is not intended for sale separate from the primary residence
and may be rented.
(ii) The lot is zoned for single-family or multifamily use.
(iii) The accessory dwelling unit is either attached to the existing dwelling
or located within the living area of the existing dwelling or detached from
the existing dwelling and located on the same lot as the existing dwelling.
(iv) The increased floor area of an attached accessory dwelling unit shall
not exceed 50 percent of the existing living area.
(v) The total area of floorspace for a detached accessory dwelling unit
shall not exceed 1,200 square feet.
(vi) No passageway shall be required in conjunction with the construction
of an accessory dwelling unit.
(vii) No setback shall be required for an existing garage that is converted
to a accessory dwelling unit,and a setback of no more than five feet from
the side and rear lot lines shall be required for an accessory dwelling unit
that is constructed above a garage.
94
I
—3— Ch.735
(viii) Local building code requirements that apply to detached dwellings,
as appropriate.
(ix) Approval by the local health officer where a private sewage disposal
system is being used,if required.
(x) (I) Parking requirements for accessory dwelling units shall not exceed
one parking space per unit or per bedroom.These spaces may be provided
as tandem parking on an existing driveway.
(II) Offstreet parking shall be permitted in setback areas in locations
determined by the local agency or through tandem parking,unless specific
findings are made that parking in setback areas or tandem parking is not
feasible based upon specific site or regional topographical or fire and life
safety conditions,or that it is not permitted anywhere else in the jurisdiction.
(xi) When a garage,carport,or covered parking structure is demolished
in conjunction with the construction of an accessory dwelling unit,and the
local agency requires that those offstreet parking spaces be replaced, the
replacement spaces may be located in any configuration on the same lot as
the accessory dwelling unit,including,but not limited to,as covered spaces,
uncovered spaces,or tandem spaces,or by the use of mechanical automobile
parking lifts.
(2) The ordinance shall not be considered in the application of any local
ordinance,policy,or program to limit residential growth.
(3) When a local agency receives its first application on or after July 1,
2003, for a permit pursuant to this subdivision, the application shall be
considered ministerially without discretionary review or a hearing,
notwithstanding Section 65901 or 65906 or any local ordinance regulating
the issuance of variances or special use permits, within 120 days after
receiving the application.A local agency may charge a fee to reimburse it
for costs that it incurs as a result of amendments to this paragraph enacted
during the 2001-02 Regular Session of the Legislature,including the costs
of adopting or amending any ordinance that provides for the creation of
accessory dwelling units.
(4) Any existing ordinance governing the creation of accessory dwelling
units by a local agency or any such ordinance adopted by a local agency
subsequent to the effective date of the act adding this paragraph shall provide
an approval process that includes only ministerial provisions for the approval
of accessory dwelling units and shall not include any discretionary processes,
provisions,or requirements for those units except as otherwise provided in
this subdivision.In the event that a local agency has an existing accessory
dwelling unit ordinance that fails to meet the requirements of this
subdivision,that ordinance shall be null and void upon the effective date
of the act adding this paragraph and that agency shall thereafter apply the
standards established in this subdivision for the approval of accessory
dwelling units,unless and until the agency adopts an ordinance that complies
with this section.
(5) No other local ordinance,policy,or regulation shall be the basis for
the denial of a building permit or a use permit under this subdivision.
94
Ch.735 —4— .
(6) This subdivision establishes the maximum standards that local
agencies shall use to evaluate proposed accessory dwelling units on lots
zoned for residential use that contain an existing single-family dwelling.
No additional standards,other than those provided in this subdivision,shall
be utilized or imposed,except that a local agency may require an applicant
for a permit issued pursuant to this subdivision to be an owner-occupant.
(7) A local agency may amend its zoning ordinance or general plan to
incorporate the policies,procedures, or other provisions applicable to the
creation of accessory dwelling units if these provisions are consistent with
the limitations of this subdivision.
(8) An accessory dwelling unit that conforms to this subdivision shall
be deemed to be an accessory use or an accessory building and shall not be
considered to exceed the allowable density for the lot upon which it is
located,and shall be deemed to be a residential use that is consistent with
the existing general plan and zoning designations for the lot.The accessory
dwelling units shall not be considered in the application of any local
ordinance,policy,or program to limit residential growth.
(b) When a local agency that has not adopted an ordinance governing
accessory dwelling units in accordance with subdivision(a)receives its first
application on or after July 1,1983,for a permit pursuant to this subdivision,
the local agency shall accept the application and approve or disapprove the
application ministerially without discretionary review pursuant to subdivision
(a)within 120 days after receiving the application.
(c) A local agency may establish minimum and maximum unit size
requirements for both attached and detached accessory dwelling units.No
minimum or maximum size for a accessory dwelling unit, or size based
upon a percentage of the existing dwelling,shall be established by ordinance
for either attached or detached dwellings that does not permit at least an
efficiency unit to be constructed in compliance with local development
standards.
(d) Fees charged for the construction of accessory dwelling units shall
be determined in accordance with Chapter 5 (commencing with Section
66000).
(e) This section does not limit the authority of local agencies to adopt
less restrictive requirements for the creation of accessory dwelling units,
provided those requirements comply with subdivision(a).
(f) Local agencies shall submit a copy of the ordinances adopted pursuant
to subdivision (a) to the Department of Housing and Community
Development within 60 days after adoption.
(g) As used in this section,the following terms mean:
(1) "Living area" means the interior habitable area of a dwelling unit
including basements and attics but does not include a garage or any accessory
structure.
(2) "Local agency" means a city, county, or city and county, whether
general law or chartered.
(3) For purposes of this section,"neighborhood"has the same meaning
as set forth in Section 65589.5.
94
—5— Ch.735
(4) "Accessory dwelling unit"means an attached or a detached residential
dwelling unit which provides complete independent living facilities for one
or more persons.It shall include permanent provisions for living,sleeping,
eating, cooking, and sanitation on the same parcel as the single-family
dwelling is situated.An accessory dwelling unit also includes the following:
(A) An efficiency unit,as defined in Section 17958.1 of Health and Safety
Code.
(B) A manufactured home, as defined in Section 18007 of the Health
and Safety Code.
(C) "Passageway"means a pathway that is unobstructed clear to the sky
and extends from a street to one entrance of the accessory dwelling unit.
(h) Nothing in this section shall be construed to supersede or in any way
alter or lessen the effect or application of the California Coastal Act(Division
20(commencing with Section 30000)of the Public Resources Code),except
that the local government shall not be required to hold public hearings for
coastal development permit applications for accessory dwelling units.
SEC. 1.5. Section 65852.2 of the Government Code is amended to read:
65852.2. (a) (1) A local agency may, by ordinance, provide for the
creation of accessory dwelling units in single-family and multifamily
residential zones.The ordinance shall do all of the following:
(A) Designate areas within the jurisdiction of the local agency where
accessory dwelling units may be permitted.The designation of areas may
be based on criteria,that may include,but are not limited to,the adequacy
of water and sewer services and the impact of accessory dwelling units on
traffic flow and public safety.
(B) (i) Impose standards on accessory dwelling units that include,but
are not limited to, parking, height, setback, lot coverage, landscape,
architectural review, maximum size of a unit, and standards that prevent
adverse impacts on any real property that is listed in the California Register
of Historic Places.
(ii) Notwithstanding clause(i),a local agency may reduce or eliminate
parking requirements for any accessory dwelling unit located within its
jurisdiction.
(C) Provide that accessory dwelling units do not exceed the allowable
density for the lot upon which the accessory dwelling unit is located,and
that accessory dwelling units are a residential use that is consistent with the
existing general plan and zoning designation for the lot.
(D) Require the accessory dwelling units to comply with all of the
following:
(i) The unit is not intended for sale separate from the primary residence
and may be rented.
(ii) The lot is zoned for single-family or multifamily use and contains
an existing,single-family dwelling.
(iii) The accessory dwelling unit is either attached to the existing dwelling
or located within the living area of the existing dwelling or detached from
the existing dwelling and located on the same lot as the existing dwelling.
94
Ch.735 —6—
(iv) The increased floor area of an attached accessory dwelling unit shall
not exceed 50 percent of the existing living area,with a maximum increase
in floor area of 1,200 square feet.
(v) The total area of floorspace for a detached accessory dwelling unit
shall not exceed 1,200 square feet.
(vi) No passageway shall be required in conjunction with the construction
of an accessory dwelling unit.
(vii) No setback shall be required for an existing garage that is converted
to a accessory dwelling unit,and a setback of no more than five feet from
the side and rear lot lines shall be required for an accessory dwelling unit
that is constructed above a garage.
(viii) Local building code requirements that apply to detached dwellings,
as appropriate.
(ix) Approval by the local health officer where a private sewage disposal
system is being used,if required.
(x) (1) Parking requirements for accessory dwelling units shall not exceed
one parking space per unit or per bedroom.These spaces may be provided
as tandem parking on an existing driveway.
(II) Offstreet parking shall be permitted in setback areas in locations
determined by the local agency or through tandem parking,unless specific
findings are made that parking in setback areas or tandem parking is not
feasible based upon specific site or regional topographical or fire and life
safety conditions,or that it is not permitted anywhere else in the jurisdiction.
(III) This clause shall not apply to a unit that is described in subdivision
(d).
(xi) When a garage,carport,or covered parking structure is demolished
in conjunction with the construction of an accessory dwelling unit,and the
local agency requires that those offstreet parking spaces be replaced, the
replacement spaces may be located in any configuration on the same lot as
the accessory dwelling unit,including,but not limited to,as covered spaces,
uncovered spaces,or tandem spaces,or by the use of mechanical automobile
parking lifts. This clause shall not apply to a unit that is described in
subdivision(d).
(2) The ordinance shall not be considered in the application of any local
ordinance,policy,or program to limit residential growth.
(3) When a local agency receives its first application on or after July 1,
2003, for a permit pursuant to this subdivision, the application shall be
considered ministerially without discretionary review or a hearing,
notwithstanding Section 65901 or 65906 or any local ordinance regulating
the issuance of variances or special use permits, within 120 days after
receiving the application.A local agency may charge a fee to reimburse it
for costs that it incurs as a result of amendments to this paragraph enacted
during the 2001-02 Regular Session of the Legislature,including the costs
of adopting or amending any ordinance that provides for the creation of an
accessory dwelling unit.
(4) An existing ordinance governing the creation of an accessory dwelling
unit by a local agency or an accessory dwelling ordinance adopted by a
94
V
—7— Ch.735
local agency subsequent to the effective date of the act adding this paragraph
shall provide an approval process that includes only ministerial provisions
for the approval of accessory dwelling units and shall not include any
discretionary processes,provisions,or requirements for those units,except
as otherwise provided in this subdivision.In the event that a local agency
has an existing accessory dwelling unit ordinance that fails to meet the
requirements of this subdivision,that ordinance shall be null and void upon
the effective date of the act adding this paragraph and that agency shall
thereafter apply the standards established in this subdivision for the approval
of accessory dwelling units,unless and until the agency adopts an ordinance
that complies with this section.
(5) No other local ordinance,policy,or regulation shall be the basis for
the denial of a building permit or a use permit under this subdivision.
(6) This subdivision establishes the maximum standards that local
agencies shall use to evaluate a proposed accessory dwelling unit on a lot
zoned for residential use that contains an existing single-family dwelling.
No additional standards,other than those provided in this subdivision,shall
be utilized or imposed,except that a local agency may require an applicant
for a permit issued pursuant to this subdivision to be an owner-occupant or
that the property be used for rentals of terms longer than 30 days.
(7) A local agency may amend its zoning ordinance or general plan to
incorporate the policies,procedures, or other provisions applicable to the
creation of an accessory dwelling unit if these provisions are consistent with
the limitations of this subdivision.
(8) An accessory dwelling unit that conforms to this subdivision shall
be deemed to be an accessory use or an accessory building and shall not be
considered to exceed the allowable density for the lot upon which it is
located,and shall be deemed to be a residential use that is consistent with
the existing general plan and zoning designations for the lot.The accessory
dwelling unit shall not be considered in the application of any local
ordinance,policy,or program to limit residential growth.
(b) When a local agency that has not adopted an ordinance governing
accessory dwelling units in accordance with subdivision(a)receives its first
application on or after July 1, 1983, for a permit to create an accessory
dwelling unit pursuant to this subdivision,the local agency shall accept the
application and approve or disapprove the application ministerially without
discretionary review pursuant to subdivision (a) within 120 days after
receiving the application.
(c) A local agency may establish minimum and maximum unit size
requirements for both attached and detached accessory dwelling units.No
minimum or maximum size for an accessory dwelling unit, or size based
upon a percentage of the existing dwelling,shall be established by ordinance
for either attached or detached dwellings that does not permit at least an
efficiency unit to be constructed in compliance with local development
standards. Accessory dwelling units shall not be required to provide fire
sprinklers if they are not required for the primary residence.
94
1
Ch.735 —8— •
(d) Notwithstanding any other law,a local agency,whether or not it has
adopted an ordinance governing accessory dwelling units in accordance
with subdivision (a), shall not impose parking standards for an accessory
dwelling unit in any of the following instances:
(1) The accessory dwelling unit is located within one-half mile of public
transit.
(2) The accessory dwelling unit is located within an architecturally and
historically significant historic district.
(3) The accessory dwelling unit is part of the existing primary residence
or an existing accessory structure.
(4) When on-street parking permits are required but not offered to the
occupant of the accessory dwelling unit.
(5) When there is a car share vehicle located within one block of the
accessory dwelling unit.
(e) Notwithstanding subdivisions (a) to (d), inclusive, a local agency
shall ministerially approve an application for a building permit to create
within a single-family residential zone one accessory dwelling unit per
single-family lot if the unit is contained within the existing space of a
single-family residence or accessory structure, has independent exterior
access from the existing residence, and the side and rear setbacks are
sufficient for fire safety.Accessory dwelling units shall not be required to
provide fire sprinklers if they are not required for the primary residence.
(f) (1) Fees charged for the construction of accessory dwelling units
shall be determined in accordance with Chapter 5(commencing with Section
66000)and Chapter 7(commencing with Section 66012).
(2) Accessory dwelling units shall not be considered new residential uses
for the purposes of calculating local agency connection fees or capacity
charges for utilities,including water and sewer service.
(A) For an accessory dwelling unit described in subdivision(e),a local
agency shall not require the applicant to install a new or separate utility
connection directly between the accessory dwelling unit and the utility or
impose a related connection fee or capacity charge.
(B) For an accessory dwelling unit that is not described in subdivision
(e),a local agency may require a new or separate utility connection directly
between the accessory dwelling unit and the utility.Consistent with Section
66013,the connection may be subject to a connection fee or capacity charge
that shall be proportionate to the burden of the proposed accessory dwelling
unit,based upon either its size or the number of its plumbing fixtures,upon
the water or sewer system.This fee or charge shall not exceed the reasonable
cost of providing this service.
(g) This section does not limit the authority of local agencies to adopt
less restrictive requirements for the creation of an accessory dwelling unit.
(h) Local agencies shall submit a copy of the ordinance adopted pursuant
to subdivision (a) to the Department of Housing and Community
Development within 60 days after adoption.
(i) As used in this section,the following terms mean:
94
—9— Ch.735
(1) "Living area" means the interior habitable area of a dwelling unit
including basements and attics but does not include a garage or any accessory
structure.
(2) "Local agency" means a city, county, or city and county, whether
general law or chartered.
(3) For purposes of this section,"neighborhood"has the same meaning
as set forth in Section 65589.5.
(4) "Accessory dwelling unit"means an attached or a detached residential
dwelling unit which provides complete independent living facilities for one
or more persons.It shall include permanent provisions for living,sleeping,
eating, cooking, and sanitation on the same parcel as the single-family
dwelling is situated.An accessory dwelling unit also includes the following:
(A) An efficiency unit,as defined in Section 17958.1 of Health and Safety
Code.
(B) A manufactured home, as defined in Section 18007 of the Health
and Safety Code.
(5) "Passageway"means a pathway that is unobstructed clear to the sky
and extends from a street to one entrance of the accessory dwelling unit.
(j) Nothing in this section shall be construed to supersede or in any way
alter or lessen the effect or application of the California Coastal Act(Division
20(commencing with Section 30000)of the Public Resources Code),except
that the local government shall not be required to hold public hearings for
coastal development permit applications for accessory dwelling units.
SEC. 2. Section 1.5 of this bill incorporates amendments to Section
65852.2 of the Government Code proposed by both this bill and Senate Bill
1069.It shall only become operative if(1)both bills are enacted and become
effective on or before January 1,2017,(2)each bill amends Section 65852.2
of the Government Code,and(3)this bill is enacted after Senate Bill 1069,
in which case Section 1 of this bill shall not become operative.
SEC.3. No reimbursement is required by this act pursuant to Section 6
of Article XIII B of the California Constitution because a local agency or
school district has the authority to levy service charges,fees,or assessments
sufficient to pay for the program or level of service mandated by this act,
within the meaning of Section 17556 of the Government Code.
0
94
STATE OF CALIFORNIA
ETT A*°E AUTHENTICATED
wwsn
uw.V EIECTAONK LEGAL MATERIAL
Senate Bill No. 229
CHAPTER 594
An act to amend Section 65852.2 of the Government Code, relating to
land use.
[Approved by Governor October 8,2017.Filed with
Secretary of State October 8,2017.]
LEGISLATIVE COUNSEL'S DIGEST
SB 229,Wieckowski.Accessory dwelling units.
(1) 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
accessory dwelling units in single-family and multifamily residential zones,
as specified.Existing law requires the ordinance to designate areas within
the jurisdiction of the local agency where these units may be permitted,
impose specified standards on these units,provide that accessory dwelling
units do not exceed allowable density and are a residential use,as specified,
and require these units to comply with specified conditions, including a
requirement that the unit is not intended for sale separate from the primary
residence and may be rented. Existing law establishes the maximum
standards that local agencies are required to use to evaluate a proposed
accessory dwelling unit on a lot zoned for residential use that contains an
existing single-family dwelling.
This bill instead would authorize a local agency to provide by ordinance
for the creation of accessory dwelling units in areas zoned to allow
single-family or multifamily use.The bill would authorize the ordinance to
prohibit the sale or other conveyance of the unit separate from the primary
residence. The bill would extend the use of the maximum standards to a
proposed accessory dwelling unit on a lot zoned for residential use that
includes a proposed single-family dwelling.
(2) Existing law authorizes the location of required replacement parking
spaces in any configuration on an accessory dwelling unit lot when a garage,
carport,or covered parking structure is demolished in conjunction with the
construction of an accessory dwelling unit.
This bill would extend this authorization to when the garage,carport,or
covered parking structure is converted to an accessory dwelling unit. The
bill would also define tandem parking for these purposes.
(3) Existing law prohibits an accessory dwelling unit from being
considered a new residential use for the purposes of calculating local agency
connection fees or capacity charges for utilities,including water and sewer
service.Existing law prohibits, for an accessory dwelling unit constructed
in an existing space,a local agency from requiring the applicant to install
90
EXHIBIT E
Ch.594 —2—
a new or separate utility connection directly between the accessory dwelling
unit and the utility and from imposing a related connection fee or capacity
charge.
This bill would extend the applicability of both of the above prohibitions
to special districts and water corporations.
(4) Existing law requires a local agency that has adopted an ordinance
authorizing the creation of accessory dwelling units to submit a copy of the
ordinance to the Department of Housing and Community Development
within 60 days of adoption of the ordinance.
This bill would authorize the department to review and comment on an
ordinance submitted to the department pursuant to these provisions.
(5) This bill would incorporate additional changes to Section 65852.2 of
the Government Code proposed by AB 494 to be operative only if this bill
and AB 494 are enacted and this bill is enacted last.
(6) By increasing the duties of local officials with respect to land use
regulations,this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies
and school districts for certain costs mandated by the state. Statutory
provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for
a specified reason.
The people of the State of California do enact as follows:
SECTION 1. Section 65852.2 of the Government Code is amended to
read:
65852.2. (a) (1) A local agency may, by ordinance, provide for the
creation of accessory dwelling units in areas zoned to allow single-family
or multifamily use.The ordinance shall do all of the following:
(A) Designate areas within the jurisdiction of the local agency where
accessory dwelling units may be permitted.The designation of areas may
be based on criteria that may include,but are not limited to,the adequacy
of water and sewer services and the impact of accessory dwelling units on
traffic flow and public safety.
(B) (i) Impose standards on accessory dwelling units that include, but
are not limited to, parking, height, setback, lot coverage, landscape,
architectural review, maximum size of a unit, and standards that prevent
adverse impacts on any real property that is listed in the California Register
of Historic Places.
(ii) Notwithstanding clause(i),a local agency may reduce or eliminate
parking requirements for any accessory dwelling unit located within its
jurisdiction.
(C) Provide that accessory dwelling units do not exceed the allowable
density for the lot upon which the accessory dwelling unit is located,and
• that accessory dwelling units.are a residential use that is consistent with the
existing general plan and zoning designation for the lot.
90
volummimmismommorinummow
—3— Ch.594
(D) Require the accessory dwelling units to comply with all of the
following:
(i) The unit may be rented separate from the primary residence,but may
not be sold or otherwise conveyed separate from the primary residence.
(ii) The lot is zoned to allow single-family or multifamily use and includes
a proposed or existing single-family dwelling.
(iii) The accessory dwelling unit is either attached to or located within
the living area of the proposed or existing primary dwelling or detached
from the proposed or existing primary dwelling and located on the same lot
as the proposed or existing primary dwelling.
(iv) The total area of floorspace of an attached accessory dwelling unit
shall not exceed 50 percent of the proposed or existing primary dwelling
living area or 1,200 square feet.
(v) The total area of floorspace for a detached accessory dwelling unit
shall not exceed 1,200 square feet.
(vi) No passageway shall be required in conjunction with the construction
of an accessory dwelling unit.
(vii) No setback shall be required for an existing garage that is converted
to an accessory dwelling unit,and a setback of no more than five feet from
the side and rear lot lines shall be required for an accessory dwelling unit
that is constructed above a garage.
(viii) Local building code requirements that apply to detached dwellings,
as appropriate.
(ix) Approval by the local health officer where a private sewage disposal
system is being used,if required.
(x) (I) Parking requirements for accessory dwelling units shall not exceed
one parking space per unit or per bedroom.These spaces may be provided
as tandem parking on a driveway.
(II) Offstreet parking shall be permitted in setback areas in locations
determined by the local agency or through tandem parking,unless specific
findings are made that parking in setback areas or tandem parking is not
feasible based upon specific site or regional topographical or fire and life
safety conditions,or that it is not permitted anywhere else in the jurisdiction.
(III) This clause shall not apply to a unit that is described in subdivision
(d).
(xi) When a garage,carport,or covered parking structure is demolished
in conjunction with the construction of an accessory dwelling unit, or
converted to an accessory dwelling unit,and the local agency requires that
those offstreet parking spaces be replaced,the replacement spaces may be
located in any configuration on the same lot as the accessory dwelling unit,
including,but not limited to,as covered spaces,uncovered spaces,or tandem
spaces, or by the use of mechanical automobile parking lifts. This clause
shall not apply to a unit that is described in subdivision(d).
(2) The ordinance shall not be considered in the application of any local
ordinance,policy,or program to limit residential growth.
(3) When a local agency receives its first application on or after July 1,
2003, for a permit pursuant to this subdivision, the application shall be
90
Ch.594 —4—
considered ministerially without discretionary review or a hearing,
notwithstanding Section 65901 or 65906 or any local ordinance regulating
the issuance of variances or special use permits, within 120 days after
receiving the application.A local agency may charge a fee to reimburse it
for costs that it incurs as a result of amendments to this paragraph enacted
during the 2001-02 Regular Session of the Legislature,including the costs
of adopting or amending any ordinance that provides for the creation of an
accessory dwelling unit.
(4) An existing ordinance governing the creation of an accessory dwelling
unit by a local agency or an accessory dwelling ordinance adopted by a
local agency subsequent to the effective date of the act adding this paragraph
shall provide an approval process that includes only ministerial provisions
for the approval of accessory dwelling units and shall not include any
discretionary processes,provisions,or requirements for those units,except
as otherwise provided in this subdivision.In the event that a local agency
has an existing accessory dwelling unit ordinance that fails to meet the
requirements of this subdivision,that ordinance shall be null and void upon
the effective date of the act adding this paragraph and that agency shall
thereafter apply the standards established in this subdivision for the approval
of accessory dwelling units,unless and until the agency adopts an ordinance
that complies with this section.
(5) No other local ordinance,policy,or regulation shall be the basis for
the denial of a building permit or a use permit under this subdivision.
(6) This subdivision establishes the maximum standards that local
agencies shall use to evaluate a proposed accessory dwelling unit on a lot
zoned for residential use that includes a proposed or existing single-family
dwelling. No additional standards, other than those provided in this
subdivision, shall be utilized or imposed, except that a local agency may
require an applicant for a permit issued pursuant to this subdivision to be
an owner-occupant or that the property be used for rentals of terms longer
than 30 days.
(7) A local agency may amend its zoning ordinance or general plan to
incorporate the policies, procedures, or other provisions applicable to the
creation of an accessory dwelling unit if these provisions are consistent with
the limitations of this subdivision.
(8) An accessory dwelling unit that conforms to this subdivision shall
be deemed to be an accessory use or an accessory building and shall not be
considered to exceed the allowable density for the lot upon which it is
located,and shall be deemed to be a residential use that is consistent with
the existing general plan and zoning designations for the lot.The accessory
dwelling unit shall not be considered in the application of any local
ordinance,policy,or program to limit residential growth.
(b) When a local agency that has not adopted an ordinance governing
accessory dwelling units in accordance with subdivision(a)receives its first
application on or after July 1, 1983, for a permit to create an accessory
dwelling unit pursuant to this subdivision,the local agency shall accept the
application and approve or disapprove the application ministerially without
90
-5— Ch.594
discretionary review pursuant to subdivision (a) within 120 days after
receiving the application.
(c) A local agency may establish minimum and maximum unit size
requirements for both attached and detached accessory dwelling units.No
minimum or maximum size for an accessory dwelling unit, or size based
upon a percentage of the proposed or existing primary dwelling, shall be
established by ordinance for either attached or detached dwellings that does
not permit at least an efficiency unit to be constructed in compliance with
local development standards.Accessory dwelling units shall not be required
to provide fire sprinklers if they are not required for the primary residence.
(d) Notwithstanding any other law,a local agency,whether or not it has
adopted an ordinance governing accessory dwelling units in accordance
with subdivision (a), shall not impose parking standards for an accessory
dwelling unit in any of the following instances:
(1) The accessory dwelling unit is located within one-half mile of public
transit.
(2) The accessory dwelling unit is located within an architecturally and
historically significant historic district.
(3) The accessory dwelling unit is part of the proposed or existing primary
residence or an accessory structure.
(4) When on-street parking permits are required but not offered to the
occupant of the accessory dwelling unit.
(5) When there is a car share vehicle located within one block of the
accessory dwelling unit.
(e) Notwithstanding subdivisions (a) to (d), inclusive, a local agency
shall ministerially approve an application for a building permit to create
within a zone for single-family use one accessory dwelling unit per
single-family lot if the unit is contained within the existing space of a
single-family residence or accessory structure, has independent exterior
access from the existing residence, and the side and rear setbacks are
sufficient for fire safety.Accessory dwelling units shall not be required to
provide fire sprinklers if they are not required for the primary residence.
(f) (1) Fees charged for the construction of accessory dwelling units
shall be determined in accordance with Chapter 5(commencing with Section
66000)and Chapter 7(commencing with Section 66012).
(2) Accessory dwelling units shall not be considered by a local agency,
special district, or water corporation to be a new residential use for the
purposes of calculating connection fees or capacity charges for utilities,
including water and sewer service.
(A) For an accessory dwelling unit described in subdivision(e),a local
agency,special district,or water corporation shall not require the applicant
to install a new or separate utility connection directly between the accessory
dwelling unit and the utility or impose a related connection fee or capacity
charge.
(B) For an accessory dwelling unit that is not described in subdivision
(e),a local agency,special district,or water corporation may require a new
or separate utility connection directly between the accessory dwelling unit
90
Ch.594 —6—
and the utility.Consistent with Section 66013,the connection may be subject
to a connection fee or capacity charge that shall be proportionate to the
burden of the proposed accessory dwelling unit,based upon either its size
or the number of its plumbing fixtures, upon the water or sewer system.
This fee or charge shall not exceed the reasonable cost of providing this
service.
(g) This section does not limit the authority of local agencies to adopt
less restrictive requirements for the creation of an accessory dwelling unit.
(h) Local agencies shall submit a copy of the ordinance adopted pursuant
to subdivision (a) to the Department of Housing and Community
Development within 60 days after adoption. The department may review
and comment on this submitted ordinance.
(i) As used in this section,the following terms mean:
(1) "Living area" means the interior habitable area of a dwelling unit
including basements and attics but does not include a garage or any accessory
structure.
(2) "Local agency" means a city, county, or city and county, whether
general law or chartered.
(3) For purposes of this section,"neighborhood"has the same meaning
as set forth in Section 65589.5.
(4) "Accessory dwelling unit"means an attached or a detached residential
dwelling unit which provides complete independent living facilities for one
or more persons.It shall include permanent provisions for living,sleeping,
eating, cooking, and sanitation on the same parcel as the single-family
dwelling is situated.An accessory dwelling unit also includes the following:
(A) An efficiency unit,as defined in Section 17958.1 of the Health and
Safety Code.
(B) A manufactured home, as defined in Section 18007 of the Health
and Safety Code.
(5) "Passageway"means a pathway that is unobstructed clear to the sky
and extends from a street to one entrance of the accessory dwelling unit.
(6) "Tandem parking"means that two or more automobiles are parked
on a driveway or in any other location on a lot,lined up behind one another.
(j) Nothing in this section shall be construed to supersede or in any way
alter or lessen the effect or application of the California Coastal Act of 1976
(Division 20 (commencing with Section 30000) of the Public Resources
Code),except that the local government shall not be required to hold public
hearings for coastal development permit applications for accessory dwelling
units.
SEC. 1.5. Section 65852.2 of the Government Code is amended to read:
65852.2. (a) (1) A local agency may, by ordinance, provide for the
creation of accessory dwelling units in areas zoned to allow single-family
or multifamily use.The ordinance shall do all of the following:
(A) Designate areas within the jurisdiction of the local agency where
accessory dwelling units may be permitted.The designation of areas may
be based on criteria that may include,but are not limited to, the adequacy
90
-7— Ch.594
of water and sewer services and the impact of accessory dwelling units on
traffic flow and public safety.
(B) (i) Impose standards on accessory dwelling units that include, but
are not limited to, parking, height, setback, lot coverage, landscape,
architectural review, maximum size of a unit, and standards that prevent
adverse impacts on any real property that is listed in the California Register
of Historic Places.
(ii) Notwithstanding clause(i),a local agency may reduce or eliminate
parking requirements for any accessory dwelling unit located within its
jurisdiction.
(C) Provide that accessory dwelling units do not exceed the allowable
density for the lot upon which the accessory dwelling unit is located, and
that accessory dwelling units are a residential use that is consistent with the
existing general plan and zoning designation for the lot.
(D) Require the accessory dwelling units to comply with all of the
following:
(i) The unit may be rented separate from the primary residence,buy may
not be sold or otherwise conveyed separate from the primary residence.
(ii) The lot is zoned to allow single-family or multifamily use and includes
a proposed or existing single-family dwelling.
(iii) The accessory dwelling unit is either attached or located within the
living area of the proposed or existing primary dwelling or detached from
the proposed or existing primary dwelling and located on the same lot as
the proposed or existing primary dwelling.
(iv) The total area of floorspace of an attached accessory dwelling unit
shall not exceed 50 percent of the proposed or existing primary dwelling
living area or 1,200 square feet.
(v) The total area of floorspace for a detached accessory dwelling unit
shall not exceed 1,200 square feet.
(vi) No passageway shall be required in conjunction with the construction
of an accessory dwelling unit.
(vii) No setback shall be required for an existing garage that is converted
to an accessory dwelling unit or to a portion of an accessory dwelling unit,
and a setback of no more than five feet from the side and rear lot lines shall
be required for an accessory dwelling unit that is constructed above a garage.
(viii) Local building code requirements that apply to detached dwellings,
as appropriate.
(ix) Approval by the local health officer where a private sewage disposal
system is being used,if required.
(x) (I) Parking requirements for accessory dwelling units shall not exceed
one parking space per unit or per bedroom,whichever is less.These spaces
may be provided as tandem parking on a driveway.
(H) Offstreet parking shall be permitted in setback areas in locations
determined by the local agency or through tandem parking,unless specific
findings are made that parking in setback areas or tandem parking is not
feasible based upon specific site or regional topographical or fire and life
safety conditions.
90
Ch.594 —8—
(IIl) This clause shall not apply to a unit that is described in subdivision
(d).
(xi) When a garage,carport,or covered parking structure is demolished
in conjunction with the construction of an accessory dwelling unit or
converted to an accessory dwelling unit,and the local agency requires that
those offstreet parking spaces be replaced,the replacement spaces may be
located in any configuration on the same lot as the accessory dwelling unit,
including,but not limited to,as covered spaces,uncovered spaces,or tandem
spaces, or by the use of mechanical automobile parking lifts. This clause
shall not apply to a unit that is described in subdivision(d).
(2) The ordinance shall not be considered in the application of any local
ordinance,policy,or program to limit residential growth.
(3) When a local agency receives its first application on or after July 1,
2003, for a permit pursuant to this subdivision, the application shall be
considered ministerially without discretionary review or a hearing,
notwithstanding Section 65901 or 65906 or any local ordinance regulating
the issuance of variances or special use permits, within 120 days after
receiving the application.A local agency may charge a fee to reimburse it
for costs that it incurs as a result of amendments to this paragraph enacted
during the 2001-02 Regular Session of the Legislature,including the costs
of adopting or amending any ordinance that provides for the creation of an
accessory dwelling unit.
(4) An existing ordinance governing the creation of an accessory dwelling
unit by a local agency or an accessory dwelling ordinance adopted by a
local agency subsequent to the effective date of the act adding this paragraph
shall provide an approval process that includes only ministerial provisions
for the approval of accessory dwelling units and shall not include any
discretionary processes,provisions,or requirements for those units,except
as otherwise provided in this subdivision. In the event that a local agency
has an existing accessory dwelling unit ordinance that fails to meet the
requirements of this subdivision,that ordinance shall be null and void upon
the effective date of the act adding this paragraph and that agency shall
thereafter apply the standards established in this subdivision for the approval
of accessory dwelling units,unless and until the agency adopts an ordinance
that complies with this section.
(5) No other local ordinance,policy,or regulation shall be the basis for
the denial of a building permit or a use permit under this subdivision.
(6) This subdivision establishes the maximum standards that local
agencies shall use to evaluate a proposed accessory dwelling unit on a lot
zoned for residential use that includes a proposed or existing single-family
dwelling. No additional standards, other than those provided in this
subdivision, shall be utilized or imposed, except that a local agency may
require an applicant for a permit issued pursuant to this subdivision to be
an owner-occupant or that the property be used for rentals of terms longer
than 30 days.
(7) A local agency may amend its zoning ordinance or general plan to
incorporate the policies, procedures, or other provisions applicable to the
90
—9— Ch.594
creation of an accessory dwelling unit if these provisions are consistent with
the limitations of this subdivision.
(8) An accessory dwelling unit that conforms to this subdivision shall
be deemed to be an accessory use or an accessory building and shall not be
considered to exceed the allowable density for the lot upon which it is
located,and shall be deemed to be a residential use that is consistent with
the existing general plan and zoning designations for the lot.The accessory
dwelling unit shall not be considered in the application of any local
ordinance,policy,or program to limit residential growth.
(b) When a local agency that has not adopted an ordinance governing
accessory dwelling units in accordance with subdivision (a) receives an
application for a permit to create an accessory dwelling unit pursuant to this
subdivision, the local agency shall approve or disapprove the application
ministerially without discretionary review pursuant to subdivision(a)within
120 days after receiving the application.
(c) A local agency may establish minimum and maximum unit size
requirements for both attached and detached accessory dwelling units.No
minimum or maximum size for an accessory dwelling unit, or size based
upon a percentage of the proposed or existing primary dwelling, shall be
established by ordinance for either attached or detached dwellings that does
not permit at least an efficiency unit to be constructed in compliance with
local development standards.Accessory dwelling units shall not be required
to provide fire sprinklers if they are not required for the primary residence.
(d) Notwithstanding any other law,a local agency,whether or not it has
adopted an ordinance governing accessory dwelling units in accordance
with subdivision (a), shall not impose parking standards for an accessory
dwelling unit in any of the following instances:
(1) The accessory dwelling unit is located within one-half mile of public
transit.
(2) The accessory dwelling unit is located within an architecturally and
historically significant historic district.
(3) The accessory dwelling unit is part of the proposed or existing primary
residence or an accessory structure.
(4) When on-street parking permits are required but not offered to the
occupant of the accessory dwelling unit.
(5) When there is a car share vehicle located within one block of the
accessory dwelling unit.
(e) Notwithstanding subdivisions (a) to (d), inclusive, a local agency
shall ministerially approve an application for a building permit to create
within a zone for single-family use one accessory dwelling unit per
single-family lot if the unit is contained within the existing space of a
single-family residence or accessory structure, including, but not limited
to,a studio,pool house,or other similar structure,has independent exterior
access from the existing residence, and the side and rear setbacks are
sufficient for fire safety.Accessory dwelling units shall not be required to
provide fire sprinklers if they are not required for the primary residence.A
90
WIP
Ch.594 —10—
city may require owner occupancy for either the primary or the accessory
dwelling unit created through this process.
(f) (1) Fees charged for the construction of accessory dwelling units
shall be determined in accordance with Chapter 5(commencing with Section
66000)and Chapter 7(commencing with Section 66012). •
(2) Accessory dwelling units shall not be considered by a local agency,
special district, or water corporation to be a new residential use for the
purposes of calculating connection fees or capacity charges for utilities,
including water and sewer service.
(A) For an accessory dwelling unit described in subdivision(e),a local
agency,special district,or water corporation shall not require the applicant
to install a new or separate utility connection directly between the accessory
dwelling unit and the utility or impose a related connection fee or capacity
charge.
(B) For an accessory dwelling unit that is not described in subdivision
(e),a local agency,special district,or water corporation may require a new
or separate utility connection directly between the accessory dwelling unit
and the utility.Consistent with Section 66013,the connection may be subject
to a connection fee or capacity charge that shall be proportionate to the
burden of the proposed accessory dwelling unit,based upon either its size
or the number of its plumbing fixtures, upon the water or sewer system.
This fee or charge shall not exceed the reasonable cost of providing this
service.
(g) This section does not limit the authority of local agencies to adopt
less restrictive requirements for the creation of an accessory dwelling unit.
(h) Local agencies shall submit a copy of the ordinance adopted pursuant
to subdivision (a) to the Department of Housing and Community
Development within 60 days after adoption. The department may review
and comment on this submitted ordinance.
(i) As used in this section,the following terms mean:
(1) "Living area" means the interior habitable area of a dwelling unit
including basements and attics but does not include a garage or any accessory
structure.
(2) "Local agency" means a city, county, or city and county, whether
general law or chartered.
(3) For purposes of this section,"neighborhood"has the same meaning
as set forth in Section 65589.5.
(4) "Accessory dwelling unit"means an attached or a detached residential
dwelling unit which provides complete independent living facilities for one
or more persons.It shall include permanent provisions for living,sleeping,
eating, cooking, and sanitation on the same parcel as the single-family
dwelling is situated.An accessory dwelling unit also includes the following:
(A) An efficiency unit,as defined in Section 17958.1 of the Health and
Safety Code.
(B) A manufactured home, as defined in Section 18007 of the Health
and Safety Code.
90
-11— Ch.594
(5) "Passageway"means a pathway that is unobstructed clear to the sky
and extends from a street to one entrance of the accessory dwelling unit.
(6) "Tandem parking" that two or more automobiles are parked on a
driveway or in any other location on a lot,lined up behind one another.
(j) Nothing in this section shall be construed to supersede or in any way
alter or lessen the effect or application of the California Coastal Act of 1976
(Division 20 (commencing with Section 30000) of the Public Resources
Code),except that the local government shall not be required to hold public
hearings for coastal development permit applications for accessory dwelling
units.
SEC. 2. Section 1.5 of this bill incorporates amendments to Section
65852.2 of the Government Code proposed by both this bill and Assembly
Bill 494. That section shall only become operative if(1) both bills are
enacted and become effective on or before January 1, 2018, (2) each bill
amends Section 65852.2 of the Government Code,and(3)this bill is enacted
after Assembly Bill 494,in which case Section 1 of this bill shall not become
operative.
SEC.3. No reimbursement is required by this act pursuant to Section 6
of Article XIII B of the California Constitution because a local agency or
school district has the authority to levy service charges,fees,or assessments
sufficient to pay for the program or level of service mandated by this act,
within the meaning of Section 17556 of the Government Code.
0
90
�q� STATE OF CALIFORNIA
LDunuur ELEUCTRONC LRGGALCMATERIAL
Assembly Bill No.494
CHAPTER 602
An act to amend Section 65852.2 of the Government Code, relating to
land use.
[Approved by Governor October 8,2017.Filed with
Secretary of State October 8,2017.]
LEGISLATIVE COUNSEL'S DIGEST
AB 494,Bloom.Land use:accessory dwelling units.
The Planning and Zoning Law authorizes a local agency to provide by
ordinance for the creation of accessory dwelling units in single-family and
multifamily residential zones,as specified.That law requires the ordinance
to require the accessory dwelling unit to comply with certain conditions,
including,but not limited to,that the accessory dwelling unit is not intended
for sale separate from the primary residence and may be rented.
This bill would revise that condition to provide that the accessory dwelling
unit may be rented separately from the primary residence.
Existing law provides that no setback be required for an existing garage
that is converted to an accessory dwelling unit,as specified.
This bill also would provide that no setback be required for an existing
garage that is converted to a portion of an accessory dwelling unit.
Existing law requires that parking requirements for accessory dwelling
units not exceed one parking space per unit or per bedroom and allows
required parking spaces to be provided as tandem parking on an existing
driveway. Existing law also requires specified offstreet parking to be
permitted for an accessory dwelling unit unless, among other things,that
specified offstreet parking is not allowed anywhere else in the jurisdiction.
When a garage, carport, or covered parking structure is demolished in
conjunction with the construction of an accessory dwelling unit, and the
local agency requires that those offstreet parking spaces be replaced,existing
law allows,with specified exceptions,the replacement spaces to be located
in any configuration, including as tandem parking, on the same lot as the
accessory dwelling unit.
This bill instead would require that parking requirements for accessory
dwelling units not exceed one parking space per unit or per bedroom,
whichever is less.The bill would define tandem parking for these purposes
and would also allow replacement parking spaces to be located in any
configuration if a local agency requires replacement of offstreet parking
spaces when a garage,carport,or covered parking structure is converted to
an accessory dwelling unit. This bill would remove the prohibition on
specified offstreet parking where that parking is not allowed anywhere else
in the jurisdiction.
95
Ch.602 —2—
Existing law requires ministerial, nondiscretionary approval of an
application for a building permit to create within a single-family residential
zone one accessory dwelling unit per single-family lot if the unit is contained
within the existing space of a single-family residence or accessory structure
and specified other conditions are met.
This bill would provide that for these purposes, an accessory structure
includes a studio,pool house,or other similar structure.The bill would also
authorize a city to require owner occupancy for either the primary or the
accessory unit created through this process.
This bill would incorporate additional changes to Section 65852.2 of the
Government Code proposed by SB 229 to be operative only if this bill and
SB 229 are enacted and this bill is enacted last.
By increasing the duties of local officials with respect to land use
regulations,this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies
and school districts for certain costs mandated by the state. Statutory
provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for
a specified reason.
The people of the State of California do enact as follows:
SECTION 1. Section 65852.2 of the Government Code is amended to
read:
65852.2. (a) (1) A local agency may, by ordinance, provide for the
creation of accessory dwelling units in single-family and multifamily
residential zones.The ordinance shall do all of the following:
(A) Designate areas within the jurisdiction of the local agency where
accessory dwelling units may be permitted. The designation of areas may
be based on criteria,that may include,but are not limited to,the adequacy
of water and sewer services and the impact of accessory dwelling units on
traffic flow and public safety.
(B) (i) Impose standards on accessory dwelling units that include, but
are not limited to, parking, height, setback, lot coverage, landscape,
architectural review, maximum size of a unit, and standards that prevent
adverse impacts on any real property that is listed in the California Register
of Historic Places.
(ii) Notwithstanding clause(i),a local agency may reduce or eliminate
parking requirements for any accessory dwelling unit located within its
jurisdiction.
(C) Provide that accessory dwelling units do not exceed the allowable
density for the lot upon which the accessory dwelling unit is located, and
that accessory dwelling units are a residential use that is consistent with the
existing general plan and zoning designation for the lot.
(D) Require the accessory dwelling units to comply with all of the
following:
95
WY
—3— Ch.602
(i) The unit may be rented separate from the primary residence,but may
not be sold or otherwise conveyed from the primary residence.
(ii) The lot is zoned for single-family or multifamily use and contains
an existing,single-family dwelling.
(iii) The accessory dwelling unit is either attached to the existing dwelling
or located within the living area of the existing dwelling or detached from
the existing dwelling and located on the same lot as the existing dwelling.
(iv) The increased floor area of an attached accessory dwelling unit shall
not exceed 50 percent of the existing living area,with a maximum increase
in floor area of 1,200 square feet.
(v) The total area of floorspace for a detached accessory dwelling unit
shall not exceed 1,200 square feet.
(vi) No passageway shall be required in conjunction with the construction
of an accessory dwelling unit.
(vii) No setback shall be required for an existing garage that is converted
to an accessory dwelling unit or to a portion of an accessory dwelling unit,
and a setback of no more than five feet from the side and rear lot lines shall
be required for an accessory dwelling unit that is constructed above a garage.
(viii) Local building code requirements that apply to detached dwellings,
as appropriate.
(ix) Approval by the local health officer where a private sewage disposal
system is being used,if required.
(x) (I) Parking requirements for accessory dwelling units shall not exceed
one parking space per unit or per bedroom,whichever is less.These spaces
may be provided as tandem parking on an existing driveway.
(II) Offstreet parking shall be permitted in setback areas in locations
determined by the local agency or through tandem parking,unless specific
findings are made that parking in setback areas or tandem parking is not
feasible based upon specific site or regional topographical or fire and life
safety conditions.
(III) This clause shall not apply to a unit that is described in subdivision
(d).
(xi) When a garage,carport,or covered parking structure is demolished
in conjunction with the construction of an accessory dwelling unit, or is
converted to an accessory dwelling unit,and the local agency requires that
those offstreet parking spaces be replaced,the replacement spaces may be
located in any configuration on the same lot as the accessory dwelling unit,
including,but not limited to,as covered spaces,uncovered spaces,or tandem
spaces, or by the use of mechanical automobile parking lifts. This clause
shall not apply to a unit that is described in subdivision(d).
(2) The ordinance shall not be considered in the application of any local
ordinance,policy,or program to limit residential growth.
(3) When a local agency receives its first application on or after July 1,
2003, for a permit pursuant to this subdivision, the application shall be
considered ministerially without discretionary review or a hearing,
notwithstanding Section 65901 or 65906 or any local ordinance regulating
the issuance of variances or special use permits, within 120 days after
95
•
Ch.602 —4—
receiving the application.A local agency may charge a fee to reimburse it
for costs that it incurs as a result of amendments to this paragraph enacted
during the 2001-02 Regular Session of the Legislature,including the costs
of adopting or amending any ordinance that provides for the creation of an
accessory dwelling unit.
(4) An existing ordinance governing the creation of an accessory dwelling
unit by a local agency or an accessory dwelling ordinance adopted by a
local agency subsequent to the effective date of the act adding this paragraph
shall provide an approval process that includes only ministerial provisions
for the approval of accessory dwelling units and shall not include any
discretionary processes,provisions,or requirements for those units,except
as otherwise provided in this subdivision. In the event that a local agency
has an existing accessory dwelling unit ordinance that fails to meet the
requirements of this subdivision,that ordinance shall be null and void upon
the effective date of the act adding this paragraph and that agency shall
thereafter apply the standards established in this subdivision for the approval
of accessory dwelling units,unless and until the agency adopts an ordinance
that complies with this section.
(5) No other local ordinance,policy,or regulation shall be the basis for
the denial of a building permit or a use permit under this subdivision.
(6) This subdivision establishes the maximum standards that local
agencies shall use to evaluate a proposed accessory dwelling unit on a lot
zoned for residential use that contains an existing single-family dwelling.
No additional standards,other than those provided in this subdivision,shall
be utilized or imposed,except that a local agency may require an applicant
for a permit issued pursuant to this subdivision to be an owner-occupant or
that the property be used for rentals of terms longer than 30 days.
(7) A local agency may amend its zoning ordinance or general plan to
incorporate the policies, procedures, or other provisions applicable to the
creation of an accessory dwelling unit if these provisions are consistent with
the limitations of this subdivision.
(8) An accessory dwelling unit that conforms to this subdivision shall
be deemed to be an accessory use or an accessory building and shall not be
considered to exceed the allowable density for the lot upon which it is
located,and shall be deemed to be a residential use that is consistent with
the existing general plan and zoning designations for the lot.The accessory
dwelling unit shall not be considered in the application of any local
ordinance,policy,or program to limit residential growth.
(b) When a local agency that has not adopted an ordinance governing
accessory dwelling units in accordance with subdivision (a) receives an
application for a permit to create an accessory dwelling unit pursuant to this
subdivision, the local agency shall approve or disapprove the application
ministerially without discretionary review pursuant to subdivision(a)within
120 days after receiving the application.
(c) A local agency may establish minimum and maximum unit size
requirements for both attached and detached accessory dwelling units.No
minimum or maximum size for an accessory dwelling unit, or size based
95
—5— Ch.602
upon a percentage of the existing dwelling,shall be established by ordinance
for either attached or detached dwellings that does not permit at least an
efficiency unit to be constructed in compliance with local development
standards.Accessory dwelling units shall not be required to provide fire
sprinklers if they are not required for the primary residence.
(d) Notwithstanding any other law,a local agency,whether or not it has
adopted an ordinance governing accessory dwelling units in accordance
with subdivision (a), shall not impose parking standards for an accessory
dwelling unit in any of the following instances:
(1) The accessory dwelling unit is located within one-half mile of public
transit.
(2) The accessory dwelling unit is located within an architecturally and
historically significant historic district.
(3) The accessory dwelling unit is part of the existing primary residence
or an existing accessory structure.
(4) When on-street parking permits are required but not offered to the
occupant of the accessory dwelling unit.
(5) When there is a car share vehicle located within one block of the
accessory dwelling unit.
(e) Notwithstanding subdivisions (a) to (d), inclusive, a local agency
shall ministerially approve an application for a building permit to create
within a single-family residential zone one accessory dwelling unit per
single-family lot if the unit is contained within the existing space of a
single-family residence or accessory structure, including, but not limited
to,a studio,pool house,or other similar structure,has independent exterior
access from the existing residence, and the side and rear setbacks are
sufficient for fire safety.Accessory dwelling units shall not be required to
provide fire sprinklers if they are not required for the primary residence.A
city may require owner occupancy for either the primary or the accessory
dwelling unit created through this process.
(f) (1) Fees charged for the construction of accessory dwelling units
shall be determined in accordance with Chapter 5(commencing with Section
66000)and Chapter 7(commencing with Section 66012).
(2) Accessory dwelling units shall not be considered new residential uses
for the purposes of calculating local agency connection fees or capacity
charges for utilities,including water and sewer service.
(A) For an accessory dwelling unit described in subdivision(e),a local
agency shall not require the applicant to install a new or separate utility
connection directly between the accessory dwelling unit and the utility or
impose a related connection fee or capacity charge.
(B) For an accessory dwelling unit that is not described in subdivision
(e),a local agency may require a new or separate utility connection directly
between the accessory dwelling unit and the utility.Consistent with Section
66013,the connection may be subject to a connection fee or capacity charge
that shall be proportionate to the burden of the proposed accessory dwelling
unit,based upon either its size or the number of its plumbing fixtures,upon
95
Ch.602 —6— •
the water or sewer system.This fee or charge shall not exceed the reasonable
cost of providing this service.
(g) This section does not limit the authority of local agencies to adopt
less restrictive requirements for the creation of an accessory dwelling unit.
(h) Local agencies shall submit a copy of the ordinance adopted pursuant
to subdivision (a) to the Department of Housing and Community
Development within 60 days after adoption.
(i) As used in this section,the following terms mean:
(1) "Living area" means the interior habitable area of a dwelling unit
including basements and attics but does not include a garage or any accessory
structure.
(2) "Local agency" means a city, county, or city and county, whether
general law or chartered.
(3) For purposes of this section,"neighborhood"has the same meaning
as set forth in Section 65589.5.
(4) "Accessory dwelling unit"means an attached or a detached residential
dwelling unit which provides complete independent living facilities for one
or more persons.It shall include permanent provisions for living,sleeping,
eating, cooking, and sanitation on the same parcel as the single-family
dwelling is situated.An accessory dwelling unit also includes the following:
(A) An efficiency unit,as defined in Section 17958.1 of the Health and
Safety Code.
(B) A manufactured home, as defined in Section 18007 of the Health
and Safety Code.
(5) "Passageway"means a pathway that is unobstructed clear to the sky
and extends from a street to one entrance of the accessory dwelling unit.
(6) "Tandem parking"means that two or more automobiles are parked
on a driveway or in any other location on a lot,lined up behind one another.
(j) Nothing in this section shall be construed to supersede or in any way
alter or lessen the effect or application of the California Coastal Act of 1976
(Division 20 (commencing with Section 30000) of the Public Resources
Code),except that the local government shall not be required to hold public
hearings for coastal development permit applications for accessory dwelling
units.
SEC. 1.5. Section 65852.2 of the Government Code is amended to read:
65852.2. (a) (1) A local agency may, by ordinance, provide for the
creation of accessory dwelling units in areas zoned to allow single-family
or multifamily use.The ordinance shall do all of the following:
(A) Designate areas within the jurisdiction of the local agency where
accessory dwelling units may be permitted. The designation of areas may
be based on criteria that may include,but are not limited to,the adequacy
of water and sewer services and the impact of accessory dwelling units on
traffic flow and public safety.
(B) (i) Impose standards on accessory dwelling units that include, but
are not limited to, parking, height, setback, lot coverage, landscape,
architectural review, maximum size of a unit, and standards that prevent
95
visimmmerrommor
_7— Ch.602
adverse impacts on any real property that is listed in the California Register
of Historic Places.
(ii) Notwithstanding clause(i), a local agency may reduce or eliminate
parking requirements for any accessory dwelling unit located within its
jurisdiction.
(C) Provide that accessory dwelling units do not exceed the allowable
density for the lot upon which the accessory dwelling unit is located,and
that accessory dwelling units are a residential use that is consistent with the
existing general plan and zoning designation for the lot.
(D) Require the accessory dwelling units to comply with all of the
following:
(i) The unit may be rented separate from the primary residence,buy may
not be sold or otherwise conveyed separate from the primary residence.
(ii) The lot is zoned to allow single-family or multifamily use and includes
a proposed or existing single-family dwelling.
(iii) The accessory dwelling unit is either attached or located within the
living area of the proposed or existing primary dwelling or detached from
the proposed or existing primary dwelling and located on the same lot as
the proposed or existing primary dwelling.
(iv) The total area of floorspace of an attached accessory dwelling unit
shall not exceed 50 percent of the proposed or existing primary dwelling
living area or 1,200 square feet.
(v) The total area of floorspace for a detached accessory dwelling unit
shall not exceed 1,200 square feet.
(vi) No passageway shall be required in conjunction with the construction
of an accessory dwelling unit.
(vii) No setback shall be required for an existing garage that is converted
to an accessory dwelling unit or to a portion of an accessory dwelling unit,
and a setback of no more than five feet from the side and rear lot lines shall
be required for an accessory dwelling unit that is constructed above a garage.
(viii) Local building code requirements that apply to detached dwellings,
as appropriate.
(ix) Approval by the local health officer where a private sewage disposal
system is being used,if required.
(x) (I) Parking requirements for accessory dwelling units shall not exceed
one parking space per unit or per bedroom,whichever is less.These spaces
may be provided as tandem parking on a driveway.
(II) Offstreet parking shall be permitted in setback areas in locations
determined by the local agency or through tandem parking,unless specific
findings are made that parking in setback areas or tandem parking is not
feasible based upon specific site or regional topographical or fire and life
safety conditions.
(III) This clause shall not apply to a unit that is described in subdivision
(d).
(xi) When a garage,carport,or covered parking structure is demolished
in conjunction with the construction of an accessory dwelling unit or
converted to an accessory dwelling unit,and the local agency requires that
95
Ch.602 —8—
those offstreet parking spaces be replaced,the replacement spaces may be
located in any configuration on the same lot as the accessory dwelling unit,
including,but not limited to,as covered spaces,uncovered spaces,or tandem
spaces, or by the use of mechanical automobile parking lifts. This clause
shall not apply to a unit that is described in subdivision(d).
(2) The ordinance shall not be considered in the application of any local
ordinance,policy,or program to limit residential growth.
(3) When a local agency receives its first application on or after July 1,
2003, for a permit pursuant to this subdivision, the application shall be
considered ministerially without discretionary review or a hearing,
notwithstanding Section 65901 or 65906 or any local ordinance regulating
the issuance of variances or special use permits, within 120 days after
receiving the application.A local agency may charge a fee to reimburse it
for costs that it incurs as a result of amendments to this paragraph enacted
during the 2001-02 Regular Session of the Legislature,including the costs
of adopting or amending any ordinance that provides for the creation of an
accessory dwelling unit.
(4) An existing ordinance governing the creation of an accessory dwelling
unit by a local agency or an accessory dwelling ordinance adopted by a
local agency subsequent to the effective date of the act adding this paragraph
shall provide an approval process that includes only ministerial provisions
for the approval of accessory dwelling units and shall not include any
discretionary processes,provisions,or requirements for those units,except
as otherwise provided in this subdivision. In the event that a local agency
has an existing accessory dwelling unit ordinance that fails to meet the
requirements of this subdivision,that ordinance shall be null and void upon
the effective date of the act adding this paragraph and that agency shall
thereafter apply the standards established in this subdivision for the approval
of accessory dwelling units,unless and until the agency adopts an ordinance
that complies with this section.
(5) No other local ordinance,policy,or regulation shall be the basis for
the denial of a building permit or a use permit under this subdivision.
(6) This subdivision establishes the maximum standards that local
agencies shall use to evaluate a proposed accessory dwelling unit on a lot
zoned for residential use that includes a proposed or existing single-family
dwelling. No additional standards, other than those provided in this
subdivision, shall be utilized or imposed, except that a local agency may
require an applicant for a permit issued pursuant to this subdivision to be
an owner-occupant or that the property be used for rentals of terms longer
than 30 days.
(7) A local agency may amend its zoning ordinance or general plan to
incorporate the policies,procedures, or other provisions applicable to the
creation of an accessory dwelling unit if these provisions are consistent with
the limitations of this subdivision.
(8) An accessory dwelling unit that conforms to this subdivision shall
be deemed to be an accessory use or an accessory building and shall not be
considered to exceed the allowable density for the lot upon which it is
95
umorw
—9— Ch.602
located,and shall be deemed to be a residential use that is consistent with
the existing general plan and zoning designations for the lot.The accessory
dwelling unit shall not be considered in the application of any local
ordinance,policy,or program to limit residential growth.
(b) When a local agency that has not adopted an ordinance governing
accessory dwelling units in accordance with subdivision (a) receives an
application for a permit to create an accessory dwelling unit pursuant to this
subdivision,the local agency shall approve or disapprove the application
ministerially without discretionary review pursuant to subdivision(a)within
120 days after receiving the application.
(c) A local agency may establish minimum and maximum unit size
requirements for both attached and detached accessory dwelling units.No
minimum or maximum size for an accessory dwelling unit, or size based
upon a percentage of the proposed or existing primary dwelling, shall be
established by ordinance for either attached or detached dwellings that does
not permit at least an efficiency unit to be constructed in compliance with
local development standards.Accessory dwelling units shall not be required
to provide fire sprinklers if they are not required for the primary residence.
(d) Notwithstanding any other law,a local agency,whether or not it has
adopted an ordinance governing accessory dwelling units in accordance
with subdivision (a), shall not impose parking standards for an accessory
dwelling unit in any of the following instances:
(1) The accessory dwelling unit is located within one-half mile of public
transit.
(2) The accessory dwelling unit is located within an architecturally and
historically significant historic district.
(3) The accessory dwelling unit is part of the proposed or existing primary
residence or an accessory structure.
(4) When on-street parking permits are required but not offered to the
occupant of the accessory dwelling unit.
(5) When there is a car share vehicle located within one block of the
accessory dwelling unit.
(e) Notwithstanding subdivisions (a) to (d), inclusive, a local agency
shall ministerially approve an application for a building permit to create
within a zone for single-family use one accessory dwelling unit per
single-family lot if the unit is contained within the existing space of a
single-family residence or accessory structure, including, but not limited
to,a studio,pool house,or other similar structure,has independent exterior
access from the existing residence, and the side and rear setbacks are
sufficient for fire safety.Accessory dwelling units shall not be required to
provide fire sprinklers if they are not required for the primary residence.A
city may require owner occupancy for either the primary or the accessory
dwelling unit created through this process.
(f) (1) Fees charged for the construction of accessory dwelling units
shall be determined in accordance with Chapter 5(commencing with Section
66000)and Chapter 7(commencing with Section 66012).
95
Ch.602 —10—
(2) Accessory dwelling units shall not be considered by a local agency,
special district, or water corporation to be a new residential use for the
purposes of calculating connection fees or capacity charges for utilities,
including water and sewer service.
(A) For an accessory dwelling unit described in subdivision(e),a local
agency,special district,or water corporation shall not require the applicant
to install a new or separate utility connection directly between the accessory
dwelling unit and the utility or impose a related connection fee or capacity
charge.
(B) For an accessory dwelling unit that is not described in subdivision
(e),a local agency,special district,or water corporation may require a new
or separate utility connection directly between the accessory dwelling unit
and the utility.Consistent with Section 66013,the connection may be subject
to a connection fee or capacity charge that shall be proportionate to the
burden of the proposed accessory dwelling unit,based upon either its size
or the number of its plumbing fixtures, upon the water or sewer system.
This fee or charge shall not exceed the reasonable cost of providing this
service.
(g) This section does not limit the authority of local agencies to adopt
less restrictive requirements for the creation of an accessory dwelling unit.
(h) Local agencies shall submit a copy of the ordinance adopted pursuant
to subdivision (a) to the Department of Housing and Community
Development within 60 days after adoption. The department may review
and comment on this submitted ordinance.
(i) As used in this section,the following terms mean:
(1) "Living area" means the interior habitable area of a dwelling unit
including basements and attics but does not include a garage or any accessory
structure.
(2) "Local agency" means a city, county, or city and county, whether
general law or chartered.
(3) For purposes of this section,"neighborhood"has the same meaning
as set forth in Section 65589.5.
(4) "Accessory dwelling unit"means an attached or a detached residential
dwelling unit which provides complete independent living facilities for one
or more persons.It shall include permanent provisions for living,sleeping,
eating, cooking, and sanitation on the same parcel as the single-family
dwelling is situated.An accessory dwelling unit also includes the following:
(A) An efficiency unit,as defined in Section 17958.1 of the Health and
Safety Code.
(B) A manufactured home, as defined in Section 18007 of the Health
and Safety Code.
(5) "Passageway"means a pathway that is unobstructed clear to the sky
and extends from a street to one entrance of the accessory dwelling unit.
(6) "Tandem parking"means that two or more automobiles are parked
on a driveway or in any other location on a lot,lined up behind one another.
(j) Nothing in this section shall be construed to supersede or in any way
alter or lessen the effect or application of the California Coastal Act of 1976
95
•
—11— Ch.602
(Division 20 (commencing with Section 30000) of the Public Resources
Code),except that the local government shall not be required to hold public
hearings for coastal development permit applications for accessory dwelling
units.
SEC. 2. Section 1.5 of this bill incorporates amendments to Section
65852.2 of the Government Code proposed by both this bill and Senate Bill
229.That section shall only become operative if(1)both bills are enacted
and become effective on or before January 1, 2018, (2) each bill amends
Section 65852.2 of the Government Code,and(3)this bill is enacted after
Senate Bill 229, in which case Section 1 of this bill shall not become
operative.
SEC.3. No reimbursement is required by this act pursuant to Section 6
of Article XIII B of the California Constitution because a local agency or
school district has the authority to levy service charges,fees,or assessments
sufficient to pay for the program or level of service mandated by this act,
within the meaning of Section 17556 of the Government Code.
0
95