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HomeMy WebLinkAbout04-25-18 Planning Commission Agenda PacketSaratoga Planning Commission Agenda – Page 1 of 2 SARATOGA PLANNING COMMISSION REGULAR MEETING APRIL 25, 2018 7:00 PM PLANNING COMMISSION REGULAR MEETING Joan Pisani Community Center, Multipurpose Room | 19655 Allendale Avenue, Saratoga CA 95070 PLEDGE OF ALLEGIANCE ROLL CALL APPROVAL OF MINUTES Action Minutes from the Regular Planning Commission Meeting of April 11, 2018. Recommended Action: Approve Minutes of April 11, 2018 meeting. 041118 Minutes ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS Any member of the public will be allowed to address the Planning Commission for up to three (3) minutes on matters not on this agenda. This law generally prohibits the Planning Commission from discussing or taking action on such items. However, the Planning Commission may instruct staff accordingly regarding Oral Communications. REPORT ON APPEAL RIGHTS If you wish to appeal any decision on this Agenda, you may file an Appeal Application with the City Clerk within fifteen (15) calendar days of the date of the decision. 1. NEW BUSINESS 1.1 Discussion of Planning Commission meeting calendar for proposed summer and holiday breaks. Recommended Action: Discussion and approval of tentative cancellations on 2018 meeting calendar. 2018 PC Calendar 2. PUBLIC HEARING Applicants and/or their representatives have a total of ten (10) minutes maximum for opening statements. All interested persons may appear and be heard during this meeting regarding the items on this agenda. If items on this agenda are challenged in court, members of the public may be limited to raising only issues raised at the Public Hearing or in written correspondence delivered to the Planning Commission at, or prior to the close of the Public Hearing. Members of the public may comment on any item for up to three (3) Saratoga Planning Commission Agenda – Page 2 of 2 minutes. Applicants and/or their representatives have a total of five (5) minutes maximum for closing statements. 2.1. Accessory Dwelling Units Ordinance Update Changes to the Accessory Dwelling Unit (ADU) Ordinance Article 15-56 pursuant to 2017 State Legislation. Staff contact: Debbie Pedro (408) 868-1231 dpedro@saratoga.ca.us. Recommended Action: Approve Resolution No.18-005 recommending that the City Council adopt the proposed ordinance amending Chapter 15 (Zoning Regulations) of the Saratoga Municipal Code related to Accessory Dwelling Units. ADU Ordinance amendment SR 4-25-18 PC.pdf Attachment 1 - Resolution No. 18-005 Attachment 2 - Senate Bill 229 Attachment 3 - Assembly Bill 494 DIRECTOR ITEMS COMMISSION ITEMS ADJOURNMENT CERTIFICATE OF POSTING OF THE AGENDA I, Janet Costa, Administrative Assistant for the City of Saratoga, declare that the foregoing agenda for the meeting of the Planning Commission was posted and available for public review on April 19, 2018 at the City of Saratoga, 13777 Fruitvale Avenue, Saratoga, CA 95070 and on the City’s website at www.saratoga.ca.us. Signed this 19th day of April 2018 at Saratoga, California. Janet Costa, Administrative Assistant In Compliance with the Americans with Disabilities Act, if you need assistance to participate in this meeting, please contact the City Clerk at 408/868-1269. Notification 24 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. [28 CFR 35.102-35.104 ADA title II] You can also sign up to receive email notifications when Commission agendas and minutes have been added to the City at website http://www.saratoga.ca.us/contact/email_subscriptions.asp. NOTE: To view previous Planning Commission meetings anytime, go the City Video Archives at www.saratoga.ca.us Saratoga Planning Commission Agenda – Page 1 of 3 SARATOGA PLANNING COMMISSION REGULAR MEETING ACTION MINUTES APRIL 11, 2018 7:00 PM PLANNING COMMISSION REGULAR MEETING Joan Pisani Community Center, Multipurpose Room | 19655 Allendale Avenue, Saratoga CA 95070 PLEDGE OF ALLEGIANCE ROLL CALL PRESENT: Chair Tina Walia, Commissioners Kookie Fitzsimmons, Sunil Ahuja, Joyce Hlava, Razi Mohiuddin, Len Almalech, Lucas Pastuszka ABSENT: None ALSO PRESENT: Debbie Pedro, Community Development Director Nicole Johnson, Planner II ELECTION OF CHAIR AND VICE CHAIR WALIA/PASTUSZKA motioned to nominate Kookie Fitzsimmons as Chair. ALMALECH/MOHIUDDIN motioned to nominate Joyce Hlava as Chair. COMMISSION VOTED AND MOVED TO APPROVE ELECTION OF JOYCE HLAVA AS CHAIR. MOTION PASSED. AYES: WALIA, HLAVA, AHUJA, ALMALECH, FITZSIMMONS, MOHIUDDIN. NOES: NONE. ABSENT: NONE. ABSTAIN: PASTUSZKA. WALIA/ALMALECH motioned to nominate Kookie Fitzsimmons as Vice Chair. COMMISSION VOTED AND MOVED TO APPROVE ELECTION OF KOOKIE FITZSIMMONS AS VICE CHAIR. MOTION PASSED. AYES: WALIA, HLAVA, AHUJA, ALMALECH, FITZSIMMONS, MOHIUDDIN, PASTUSZKA. NOES: NONE. ABSENT: NONE. ABSTAIN: NONE. APPROVAL OF MINUTES Action Minutes from the Regular Planning Commission Meeting of March 14, 2018. Recommended Action: Approve Minutes of March 14, 2018 meeting. WALIA/AHUJA MOVED TO APPROVE THE MINUTES FOR THE REGULAR PLANNING COMMISSION MEETING OF MARCH 14, 2018. MOTION PASSED. AYES: WALIA, HLAVA, AHUJA, FITZSIMMONS, MOHIUDDIN. NOES: NONE. ABSENT: NONE. ABSTAIN: ALMALECH, PASTUSZKA. 3 Saratoga Planning Commission Agenda – Page 2 of 3 ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS Any member of the public will be allowed to address the Planning Commission for up to three (3) minutes on matters not on this agenda. This law generally prohibits the Planning Commission from discussing or taking action on such items. However, the Planning Commission may instruct staff accordingly regarding Oral Communications. REPORT ON APPEAL RIGHTS If you wish to appeal any decision on this Agenda, you may file an Appeal Application with the City Clerk within fifteen (15) calendar days of the date of the decision. 1. NEW BUSINESS 2. PUBLIC HEARING Applicants and/or their representatives have a total of ten (10) minutes maximum for opening statements. All interested persons may appear and be heard during this meeting regarding the items on this agenda. If items on this agenda are challenged in court, members of the public may be limited to raising only issues raised at the Public Hearing or in written correspondence delivered to the Planning Commission at, or prior to the close of the Public Hearing. Members of the public may comment on any item for up to three (3) minutes. Applicants and/or their representatives have a total of five (5) minutes maximum for closing statements. Planning Commission Ex Parte Contacts Policy Disclosure 2.1. Application PDR17-0015/ARB17-0049/GEO17-0015; Cordwood Court (APN 397- 05-103); Lands of Warda. The applicant requests Design Review approval to construct a new two-story residence (maximum height 21’1”) with partial basement and a detached accessory dwelling unit. No protected trees are requested for removal. The property is zoned R-1-40,000 and the lot size is approximately 40,001 square feet. Staff Contact: Nicole Johnson (408) 868-1209 or njohnson@saratoga.ca.us. Recommended Action: Adopt Resolution No.18-003 approving the project subject to conditions of approval included in Attachment 1. ALMALECH/PASTUSKA MOVED TO APPROVE WITH AMENDED CONDITIONS OF APPROVAL. MOTION PASSED. MOTION PASSED. AYES: WALIA, HLAVA, AHUJA, ALMALECH, FITZSIMMONS, MOHIUDDIN, PASTUSZKA. NOES: NONE. ABSENT: NONE. ABSTAIN: NONE. Planning Commission Ex Parte Contacts Policy Disclosure 2.2. Application PDR17-0009/ARB17-0039; 20200 La Paloma Ave (APN 397-24-071); Lands of Balakrishnan Family 2014 Trust. The applicant requests Design Review approval to construct a new two story residence (maximum height 24’) with a partial basement and attached accessory dwelling unit. No protected trees are requested for 4 Saratoga Planning Commission Agenda – Page 3 of 3 removal. The property is zoned R1-20,000 and the lot size is approximately 40,467 square feet. Staff Contact: Nicole Johnson (408) 868-1209 or njohnson@saratoga.ca.us. Recommended Action: Adopt Resolution No.18-004 approving the project subject to conditions of approval included in Attachment 1. HLAVA/FITZSIMMONS MOVED TO APPROVE WITH AMENDED CONDITIONS OF APPROVAL. MOTION PASSED. MOTION PASSED. AYES: WALIA, HLAVA, AHUJA, ALMALECH, FITZSIMMONS, MOHIUDDIN, PASTUSZKA. NOES: NONE. ABSENT: NONE. ABSTAIN: NONE. DIRECTOR ITEMS Director Pedro mentioned that there are no site visits on April 24th, but there will be a regular meeting on April 25th to discuss amendments to the ADU Ordinance, and summer calendar. COMMISSION ITEMS Vice Chair Fitzsimmons commented on the election of Chair and Vice Chair, extending congratulations to Chair Hlava. She also spoke of Saratoga Rotary Art Show coming Saturday/Sunday May 5th and 6th 10:00 AM to 5:00 PM on the lawn at West Valley College. ADJOURNMENT Meeting adjourned at 9:05 PM. Minutes respectfully submitted: Janet Costa, Administrative Assistant City of Saratoga 5 S M T W TH F S S M T W TH F S S M T W TH F S 1 2 3 4 5 6 1 2 3 1 2 3 7 8 9 10 11 12 13 4 5 6 7 8 9 10 4 5 6 7 8 9 10 14 15 16 17 18 19 20 11 12 13 14 15 16 17 11 12 13 14 15 16 17 21 22 23 24 25 26 27 18 19 20 21 22 23 24 18 19 20 21 22 23 24 28 29 30 31 25 26 27 28 25 26 27 28 29 30 31 S M T W TH F S S M T W TH F S S M T W TH F S 1 2 3 4 5 6 7 1 2 3 4 5 1 2 8 9 10 11 12 13 14 6 7 8 9 10 11 12 3 4 5 6 7 8 9 15 16 17 18 19 20 21 13 14 15 16 17 18 19 10 11 12 13 14 15 16 22 23 24 25 26 27 28 20 21 22 23 24 25 26 17 18 19 20 21 22 23 29 30 27 28 29 30 31 24 25 26 27 28 29 30 S M T W TH F S S M T W TH F S S M T W TH F S 1 2 3 4 5 6 7 1 2 3 4 1 8 9 10 11 12 13 14 5 6 7 8 9 10 11 2 3 4 5 6 7 8 15 16 17 18 19 20 21 12 13 14 15 16 17 18 9 10 11 12 13 14 15 22 23 24 25 26 27 28 19 20 21 22 23 24 25 16 17 18 19 20 21 22 29 30 31 26 27 28 29 30 31 23 24 25 26 27 28 29 30 S M T W TH F S S M T W TH F S S M T W TH F S 1 2 3 4 5 6 1 2 3 1 7 8 9 10 11 12 13 4 5 6 7 8 9 10 2 3 4 5 6 7 8 14 15 16 17 18 19 20 11 12 13 14 15 16 17 9 10 11 12 13 14 15 21 22 23 24 25 26 27 18 19 20 21 22 23 24 16 17 18 19 20 21 22 28 29 30 31 25 26 27 28 29 30 23 24 25 26 27 28 29 30 31 APRIL MAY JUNE CITY OF SARATOGA PLANNING COMMISSION MEETINGS 2018 JANUARY FEBRUARY MARCH CANCELLED MEETING NOVEMBER DECEMBER JULY AUGUST SEPTEMBER PLANNING COMMISSION MTG CLOSED FRIDAY OCTOBER TENTATIVE CANCELLATIONS 6 REPORT TO THE PLANNING COMMISSION PROJECT DESCRIPTION RECOMMENDATION: Approve Resolution No.18-005 recommending that the City Council adopt the proposed ordinance amending Chapter 15 (Zoning Regulations) of the Saratoga Municipal Code related to Accessory Dwelling Units. BACKGROUND: In September 2016, the State Legislature adopted SB 1069 and AB 2229 requiring cities and counties to apply uniform state standards to applications for accessory dwelling units or to modify local ordinances in accordance with new requirements. In addition, AB 2406 granted cities and counties the option of adopting new laws regarding “junior accessory dwelling units”. The changes were intended to reduce barriers, better streamline the approval process and promote the development of ADUs and JADUs to help increase the State’s housing supply. On December 21, 2016, the City Council adopted the requisite amendments in Ordinance 348 to comply with State law. On October 8, 2017, Governor Jerry Brown signed AB 494 and SB 229, further amending Government Code Section 65852.2. These bills, effective January 1, 2018, clarify and improve various provisions of the law and reduce regulatory restrictions on ADUs including allowing ADUs to be built concurrently with a single-family home, restricting the ability of special districts and water companies to impose utility connection fees on new ADUs, and reducing the maximum parking that may be required to one space per unit, regardless of the number of bedrooms. DISCUSSION: The City’s ADU ordinance, last updated in December 2016, is in substantial compliance with State regulations and a few minor clarifying edits and organizational changes are proposed to bring it into greater consistency with State law. Key changes to the ordinance are summarized below: Meeting Date: April 25, 2018 Application: Accessory Dwelling Units Ordinance Update Location: Citywide Owner/Applicant: City of Saratoga From: Debbie Pedro, Community Development Director 7 Report to the Planning Commission Accessory Dwelling Units Ordinance Update April 25, 2018 Page | 2  Add definition of “Tandem Parking” to mean a situation where two or more automobiles are parked lined up behind one another.  Add clarifying language allowing ADUs to be built concurrently with a single family home.  Add clarifying language allowing ADUs and JADUs to be permitted on all lots zoned for single-family that include an existing or proposed single-family dwelling.  Consolidate JADU standards into a new section 15-56.030(b)(2). The draft Ordinance, prepared by the City Attorney, is included as Exhibit A to the attached Resolution. Text added to existing provisions is shown in bold double-underlined text (example) and text to be deleted is shown in strikethrough (example). PUBLIC COMMENTS: To date, staff has not received any comments from the public. ENVIRONMENTAL DETERMINATION The proposed ordinance is exempt from California Environmental Quality Act (CEQA) pursuant to Section 21080.17 of the Public Resources Code. Furthermore, the proposed ordinance is exempt pursuant to CEQA Guidelines section 15061(b)(3). CEQA applies only to projects which have the potential of causing a significant effect on the environment. Where it can be seen with certainty that there is no reasonable possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. In this circumstance, the ordinance amendment would have a de minimis impact on the environment. ATTACHMENTS: 1. Resolution No. 18-005 2. Senate Bill 229 3. Assembly Bill 494 8 RESOLUTION NO. 18-005 A RESOLUTION OF THE CITY OF SARATOGA PLANNING COMMISSION RECOMMENDING TO THE CITY COUNCIL APPROVAL OF CHANGES TO THE CITY CODE RELATED TO ACCESSORY DWELLING UNITS PURSUANT TO 2017 STATE LEGISLATION WHEREAS, the City General Plan contains policies and objectives supporting accessory (second) dwelling units, to create additional opportunities to provide housing for people of all ages and economic levels; and WHEREAS, since at least 2003 the City Code has contained provisions to help achieve the goals and policies of the Housing Element of the General Plan; and WHEREAS, in 2016 the State Legislature adopted SB 1069, AB 2229 requiring cities and counties to apply uniform state standards to applications for accessory dwelling units or to modify local ordinances in accordance with new requirements, and AB 2406, granting cities and counties the option of adopting laws regarding “junior accessory dwelling units,” and the City of Saratoga adopted the requisite amendments in Ordinance 384 on December 21, 2016; and WHEREAS, in 2017 the State Legislature adopted SB 229 and AB 494 requiring further amendments to local ordinances; and WHEREAS, The City desires to make further amendments to update its City Code to assure compliance with the State accessory dwelling unit legislation by considering and adopting this Ordinance; and WHEREAS, on April 25, 2018, the Planning Commission held a duly noticed public hearing regarding the proposed Ordinance; and WHEREAS, the proposed ordinance is exempt from California Environmental Quality Act (CEQA) pursuant to Section 21080.17 of the Public Resources Code. Furthermore, the proposed ordinance is exempt pursuant to CEQA Guidelines section 15061(b)(3). CEQA applies only to projects which have the potential of causing a significant effect on the environment. Where it can be seen with certainty that there is no reasonably possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. In this circumstance, the ordinance amendment would have a de minimis impact on the environment. NOW THEREFORE, the Planning Commission of the City of Saratoga hereby recommends the following to the City Council: 1.Approve the amendments to the Accessory Dwelling Units Ordinance as set forth in Exhibit A. [Continued on next page] Attachment 1 9 PASSED AND ADOPTED by the City of Saratoga Planning Commission on this 25th day of April 2018 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ____________________________ Joyce Hlava Chair, Planning Commission 10 Page 3 Exhibit A – An Ordinance Adopting Amendments to the City Code Related to Accessory Dwelling Units The sections of the Saratoga City Code as set forth below are amended or adopted as follows: Text added to existing provisions is shown in bold double-underlined text (example) and text to be deleted in shown in strikethrough (example). Text in italics is explanatory and is not an amendment to the Code. Where the explanatory text indicates that a new section is being added to the City Code, the new section is shown in plain text. This Ordinance amends several portions of the City Code. For ease of review, the amendments advancing the primary objective are presented first followed by conforming amendments. There is a separate heading in bold underlined italics for each portion of the Code being amended. 1. Amendments to Article 15-56 – ACCESSORY DWELLING UNITS Article 15-56 –ACCESSORY DWELLING UNITS 15-56.010 - Purpose. The purpose of this Article is to authorize the establishment of accessory dwelling units and junior accessory dwelling units in single-family residential zoning districts to comply with state law and to help achieve the goals and policies of the Housing Element of the Saratoga General Plan. Controlled construction of accessory dwelling units and junior accessory dwelling units will promote a stable heterogeneous community with a balanced social and economic mix. 15-56.015 – Definitions. The following definitions apply only to this Article: (1) Accessory dwelling unit is defined in Article 15-06. (2) Junior accessory dwelling unit is a type of accessory dwelling unit that is no more than 500 square feet in size and contained entirely within an existing single-family structure. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure. (3) 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. (4) Passageway means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit. (5) Tandem parking means two or more automobiles parked on a driveway or in any other location on a lot, lined up behind one another. 15-56.020 - One accessory dwelling unit or junior accessory dwelling unit per lot. Only one accessory dwelling unit or junior accessory dwelling unit shall be allowed on any one lot and only if the lot is zoned for single-family use and contains an existing or concurrently approved, single-family dwelling unit. The accessory dwelling unit or junior accessory dwelling unit is an accessory use to the main dwelling unit and shall not count toward density limitations or be considered a new residential use. 11 Page 4 15-56.030 - Development standards. Except as otherwise provided in Section 15-56.050, each accessory dwelling unit shall comply with all of the following development standards: (a) Newly constructed accessory dwelling unit that adds floor area. Except as otherwise provided in this Article, each Each newly constructed accessory dwelling unit that adds floor area to a lot is required to satisfy the following criteria: (1) Lot size. The net site area of the lot upon which the accessory dwelling unit is located shall not be less than ninety percent of the minimum standard prescribed for the district applicable to such lot. Minimum standards for lots located in the HR Residential District are determined per Section 15-13.060(a) of the City Code. (2) Building codes. The accessory dwelling unit shall comply with applicable building, health and fire codes. (3) Zoning regulations. Unless otherwise provided in this Article, the accessory dwelling unit shall comply with applicable zoning regulations (including, but not limited to, required setbacks, floor area limits, site coverage, and height limits). A one-time ten percent increase in site coverage and allowable floor area may be granted by the Community Development Director if the new accessory dwelling unit is deed restricted so that it may only be rented to below market rate households. (4) Sale prohibited. The unit shall not be intended for sale, or sold, separately from the main dwelling. (5) Location and configuration. The accessory dwelling unit must be either (i) attached to the existing or concurrently approved main dwelling (including being located within the living area of the existing or concurrently approved main dwelling) or (ii) detached from the existing or concurrently approved main dwelling and located on the same lot as the existing main dwelling. (6) Floor Area. a. The maximum floor area limit for an accessory dwelling unit shall be as follows: i. an attached accessory dwelling unit, shall not exceed 50 percent of the existing or concurrently approved living area, with a maximum size of 1,200 square feet, not including the garage. ii. a detached accessory dwelling unit, shall not exceed 1,200 square feet of living space, not including the garage. b. If an accessory dwelling unit has a basement or an attic, that area is included as part of the total maximum floor area allowed. c. Floor area limit. Both the accessory dwelling unit and the main dwelling unit shall count toward the total floor area limit set by applicable zoning regulations. (7) Construction above garage. Notwithstanding other setback requirements in the City Code, a setback as low as five feet from the side and rear lot lines shall be allowed for 12 Page 5 an accessory dwelling unit that is constructed above a garage that is non-conforming as to setbacks. (8) Parking. Parking requirements for an accessory dwelling unit shall be as follows: a. Unless otherwise provided in this section, a minimum of one off-street covered parking space within a garage shall be provided for the accessory dwelling unit in addition to the off-street covered parking spaces required for the main dwelling. The garage requirement may be waived if the accessory dwelling unit is deed restricted so that it may only be rented to below market rate households. If the garage requirement is waived, an open off-street parking space must be provided. b. No parking space shall be required for an accessory dwelling unit in any of the following instances: i. The accessory dwelling unit is located within one-half mile of a major transit stop, as defined in California Public Resources Code § 21064.3 or included in the regional transportation plan; ii. The accessory dwelling unit is located within a designated historic district; iii. The accessory dwelling unit is part of the existing or concurrently approved main dwelling or an existing residential accessory structure intended for human habitation; iv. When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit; v. When there is a car share vehicle, in a location determined by the Community Development Director to have at least three dedicated parking spaces, located within one block of the accessory dwelling unit; or vi. The unit is permitted as a junior accessory dwelling unit. c. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit, any lost off-street parking spaces required for the main dwelling must be replaced with off-street covered parking. However, the construction of additional parking will not be required for the accessory dwelling unit in any of the instances described in subsection 15- 56.030(a)(8)(B). (9) Access. The accessory dwelling unit shall be served by the same driveway access to the street as the existing or concurrently approved main dwelling. (10) Common entrance. If the accessory dwelling unit is attached to the main dwelling, both the accessory dwelling unit and the main dwelling must be served by either a common entrance or a separate entrance to the accessory dwelling unit must be located on the side or at the rear of the main dwelling. (11) Fire sprinklers. An accessory dwelling unit may be required to provide fire sprinklers, but only if they are required for the main dwelling. (12) Passageway. No passageway shall be required in conjunction with the construction of an accessory dwelling unit. 13 Page 6 (13) Owner-occupation. The lot containing the accessory dwelling unit shall remain occupied by the owner of the lot, as evidenced by a valid Homeowners’ Property Tax Exemption. The accessory dwelling must be vacated within one year after the termination of the owner-occupier’s Homeowners’ Property Tax Exemption, unless and until an owner-occupier reobtains the Homeowner’s Property Tax Exemption. (14) Limitation on number of bedrooms. An accessory dwelling unit may not have more than two bedrooms. (15) Appearance. All new construction to create an accessory dwelling unit must match the existing or concurrently approved main structure in color, materials and architectural design. (16) Sewage disposal. An accessory dwelling unit shall be connected to a public sewer system. (b) Permitting. Accessory dwelling unit constructed within existing floor area. (1) Construction of additional floor area. Within one hundred twenty days of receipt of a complete application, the Community Development Department shall ministerially process for approval any application for a building permit for a newly created accessory dwelling unit that meets all the criteria in subsection (a) of this Section. Conversion of existing floor area. The following provisions shall apply to a complete Each application for a building permit to convert existing floor area of a single-family dwelling or accessory structure to an accessory dwelling unit shall comply with the following standards: a. The Community Development Department shall ministerially approve within one hundred twenty days any complete application for an accessory dwelling unit building permit. a. b. The accessory dwelling unit must: 1. Be located within a single-family residential zone an area zoned for single- family residential use; 2. Be contained within the existing space of a single-family dwelling or accessory structure, including, but not limited to, a studio, pool house, or other similar structure; 3. Have independent exterior access from the existing main dwelling; 4. Not be intended for sale, or sold, separately from the main dwelling; 5. Have side and rear setbacks sufficient for fire safety as determined by the fire agency having jurisdiction; and 6. Comply with all building codes and health and safety regulations. b. c. Parking. 1. 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, any lost off-street parking 14 Page 7 spaces required for the main dwelling must be replaced with off-street covered parking. 2. No additional parking will be required for the accessory dwelling unit in instances where the accessory dwelling unit is part of the existing main dwelling or an existing residential accessory structure intended for human habitation. c. d. Fire sprinklers. The accessory dwelling unit may be required to provide fire sprinklers only if they are required for the main dwelling. d. e. Converted garage setbacks. 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. f. Junior accessory dwelling unit. One junior accessory dwelling unit may be permitted that complies with all applicable building, health, fire, and zoning codes, provided that the single-family residential lot does not already contain an accessory dwelling unit or junior accessory dwelling unit. The junior accessory dwelling unit shall be subject to the following: 1. The recordation of a deed restriction, which shall run with the land, and include: i. A prohibition on the sale of the junior accessory dwelling unit separate from the sale of the single-family residence, including a statement that the deed restriction may be enforced against future purchasers. ii. A restriction on the size and attributes of the junior accessory dwelling unit that conforms with this section. 2. Be constructed within the existing walls of the structure and require the inclusion of an existing bedroom. 3. Include a separate independent outside entrance with an interior entry to the main living area. A second interior doorway may be used for sound attenuation. 4. The provision of an efficiency kitchen, which shall include all of the following: i. A sink with a maximum waste line of 1.5 inches. ii. A cooking facility with appliances that do not require electrical service greater than 120 volts, or natural or propane gas. iii. A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the accessory dwelling unit. (2) Creation of a junior accessory dwelling unit within existing floor area. Each application for a building permit to convert existing floor area of a single- family dwelling or accessory structure to a junior accessory dwelling unit shall comply with the following standards: a. Owner-occupation. The lot containing the junior accessory dwelling unit shall remain occupied by the owner of the lot, as evidenced by a valid Homeowners’ Property Tax Exemption. The junior accessory dwelling unit must be vacated within one year after the termination of the owner- occupier’s Homeowners’ Property Tax Exemption, unless and until an owner-occupier reobtains the Homeowner’s Property Tax Exemption. 15 Page 8 Owner occupation is not required if the owner is another governmental agency, land trust, or housing organization. b. The junior accessory dwelling unit shall be located within an area zoned for single-family use. c. The junior accessory dwelling unit shall be constructed within the existing walls of an existing single-family structure. d. The junior accessory dwelling unit shall include one existing bedroom constructed as part of an existing single-family structure. e. The junior accessory dwelling unit shall have a separate entrance from the main entrance, with an interior entry to the main living area. A second interior doorway may be used for sound attenuation. f. The junior accessory dwelling unit shall contain an efficiency kitchen, which shall include all of the following: i. A sink with a maximum waste line diameter of 1.5 inches; ii. A cooking facility with appliances that do not require electrical service greater than 120 volts, or natural or propane gas; and iii. A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit. g. The junior accessory dwelling unit shall have side and rear setbacks sufficient for safety, as determined by the fire agency having jurisdiction. h. The junior accessory dwelling unit must comply with all building codes and health and safety codes. i. Deed restriction. The lot upon which the junior accessory dwelling unit is located shall be deed restricted, which shall run with the land and be filed with the Community Development Department. The deed restriction shall include the following: i. A prohibition on the sale of the junior accessory dwelling unit separate from the sale of the single-family residence, including a statement that the deed restriction may be enforced against future purchasers. ii. A restriction on the size and attributes of the junior accessory dwelling unit that conforms with Subsection 15-56.030(b)(2). j. Parking. No additional parking shall be required as a condition to grant a permit for the creation of a junior accessory dwelling unit. 15-56.035 - Permitting (a) Construction of an accessory dwelling unit that adds floor area. Within 120 days of receipt of a complete application, the Community Development Department shall ministerially process for approval any application for a building permit for a newly created accessory dwelling unit that adds floor area to the site and meets all the criteria in subsection 15-56.030(a). (b) Conversion of existing floor area. Creation of accessory dwelling unit within existing floor area. Within 120 days of receipt of a complete application, the The Community Development Department shall ministerially process for approval approve within 120 days 16 Page 9 any complete application for a building permit for an accessory dwelling unit building permit that is built entirely within the floor area of an existing structure and that meets all the criteria in subsection 15-56.030(b)(1). (c) Creation of a junior accessory dwelling unit. Within 120 days of receipt of a complete application, the Community Development Department shall ministerially process for approval any application for a building permit for a junior accessory dwelling unit that meets all the criteria in subsection 15-56.030(b)(2). 15-56.040 – Inspections of Legalized Accessory Dwelling Units. (a) Where the application is for legalization of any existing accessory dwelling unit under Article 15-56.050 or approval of a proposed accessory dwelling unit to be attached to the main dwelling, an inspection of the property shall be conducted to determine that the existing accessory dwelling unit, and any main dwelling to which an accessory dwelling unit will be attached by a common wall, will comply with all applicable building, health, fire and zoning codes. Such inspections shall be performed by the City or by an independent contractor retained by the City for such purpose, and the applicant thereof shall pay the cost. (b) Each existing accessory dwelling unit and a main dwelling, to which an accessory dwelling unit will be attached by a common wall, shall be reviewed by the Fire Marshal or the Fire Marshal’s designated representative. Any recommendations by the Fire Marshal shall be included as conditions for the granting of a building permit. Such recommendations may include the connection of the accessory dwelling unit to an existing or proposed early warning fire alarm system installed in the main dwelling. (c)(b) The inspections to be conducted pursuant to this Section shall not constitute an assumption by the City, or by anyone acting in its behalf, of any liability with respect to the physical condition of the property, nor shall the authorization to construct a new accessory dwelling unit or the legalization of an existing accessory dwelling unit, pursuant to this Code, represent a warranty by the City to the owner of the property or any other person that such property fully complies with all applicable building, health and fire codes. 17 Page 10 OTHER INCIDENTAL CHANGES 1. Amendments to Article 15-11 - A: AGRICULTURAL DISTRICT 15-11.060 – Site Density Each lot shall have not less than two and one-half acres of net site area for each dwelling unit on the lot, excluding any one accessory dwelling unit. 2. Amendments to Article 15-12 - R-1: SINGLE-FAMILY RESIDENTIAL DISTRICTS 15-12.020 – Permitted uses. (d) Accessory structures and uses located on the same site as a permitted use, including garages and carports, garden sheds, greenhouses, shade structures, recreation rooms, home hobby shops, cabanas, structures for housing swimming pool equipment and one accessory dwelling unit, one junior accessory dwelling unit, or one guest house. 15-12.040 – One dwelling unit per site. Not more than one dwelling unit shall be located on each site, except for an accessory dwelling unit permitted pursuant to Article 15-56 of this Chapter. 3. Amendments to Article 15-13 – HR: HILLSIDE RESIDENTIAL DISTRICT 15-13.030 – Permitted uses. The following permitted uses shall be allowed in the HR district: (c) Accessory structures and uses located on the same site as a permitted use, including garages and carports, garden sheds, greenhouses, shade structures, recreation rooms, home hobby shops, cabanas, structures for housing swimming pool equipment and one accessory dwelling unit, junior accessory dwelling unit, or guest house. 15-13.045 – One dwelling unit per site. Not more than one dwelling unit shall be located on each site, except for an accessory dwelling unit permitted pursuant to Article 15-56 of this Chapter. 15-13.110 - Accessory uses and structures. Accessory uses and structures shall comply with the special rules as set forth in Section 15- 80.030 and Article 15-56 of this Chapter, as applicable. 4. Amendments to Article 15-35 - OFF-STREET PARKING AND LOADING FACILITIES 15-35.040 - Design standards for off-street parking facilities. (e) Each parking space shall be accessible from a street or alley, independent of any other parking space; provided, however, in the case of off-street parking for a single-family dwelling or an accessory dwelling unit, the approving authority may permit tandem parking, as defined in Article 15-56.015(e). 962147.2 18 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 19 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 — 2 —Ch. 594 20 (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— 3 — 21 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 — 4 —Ch. 594 22 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— 5 — 23 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 — 6 —Ch. 594 24 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)  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— 7 — 25 (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 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 — 8 —Ch. 594 26 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 Ch. 594— 9 — 27 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 — 10 —Ch. 594 28 (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. O 90 Ch. 594— 11 — 29 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 30 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 — 2 —Ch. 602 31 (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— 3 — 32 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 — 4 —Ch. 602 33 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— 5 — 34 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 — 6 —Ch. 602 35 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— 7 — 36 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 — 8 —Ch. 602 37 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— 9 — 38 (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 — 10 —Ch. 602 39 (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. O 95 Ch. 602— 11 — 40