Hercules City Council
January 10, 2023

Tuesday, January 10, 2023
7:00 PM
City of Hercules
111 Civic Drive
Hercules, CA 94547
City Council
Mayor Alex Walker-Griffin
Vice Mayor Dan Romero
Council Member Dion Bailey
Council Member Chris Kelley
Council Member Tiffany Grimsley
Dante Hall, City Manager
Patrick Tang, City Attorney
Eibleis Melendez, Acting City Clerk
Meeting Agenda
In-Person in Council Chambers or
Zoom ID: 854 3437 4933
Zoom Passcode: 613170
Zoom Phone Number: 1-669-900-6833

January 10, 2023City Council Meeting Agenda
See last pages of agenda for information regarding meeting procedures To view webcast of meetings, live or on demand, go to the City's website at www.ci.hercules.ca.us I. SPECIAL MEETING - CLOSED SESSION- NONE
II. PUBLIC COMMUNICATION - CLOSED SESSION ITEMS
III. CONVENE INTO CLOSED SESSION
IV. REGULAR MEETING – 7:00 P.M. CALL TO ORDER - ROLL CALL V. REPORT ON ACTION TAKEN IN CLOSED SESSION
VI. PLEDGE OF ALLEGIANCE
VII. MOMENT OF SILENCE
VIII. INTRODUCTIONS/PRESENTATIONS/COMMISSION REPORTS
IX. AGENDA ADDITIONS/DELETIONS
X. PUBLIC COMMUNICATIONS
This time is reserved for members of the public to address issues not included in the agenda. In accordance with the Brown Act, Council will refer to staff any matters brought before them at this time, and those matters may be placed on a future agenda.

Individuals wishing to address the City Council are asked to complete a form indicating the name and address of the speaker and the general topic to be addressed. Speakers must make their comments from the podium and will be allowed 3 minutes to discuss their concerns. All public comments are recorded and become part of the public record. A limit of 30 minutes will be devoted to taking public comment at this point in the agenda. If any speakers remain at the conclusion of the initial 30 minute period, time will be reserved at the conclusion of the meeting to take the remaining comments.

1 January 10, 2023City Council Meeting Agenda
XI. PUBLIC HEARINGS

1. 22-403 ADU & SB9 -Amendments to Hercules Municipal Code (Table 13-6.1, Table 13-15.1, Section 13-35.320, and Section 10-2.904) pursuant to the Department of Housing and Community Development’s review of Hercules ADU Ordinance, newly enacted ADU legislation, and SB 9 guidance.

Recommendations: That the City Council:

1. Request planning staff present the staff report;

2. Open the public hearing

3. Receive comments from the public;

4. Close the public hearing;

5. Request clarification from staff on any issues related to the Ordinance;

6. Adopt first reading of amended Ordinance.

CC Staff Report - ADU & SB9
CC Presentation - ADU & SB 9 - 1.10.2023
Attach 1 - Draft Ordinance - ADU & SB 9-FINAL
Attach 2 - HCD Review of Hercules ADU Ordinance
Attach 3 - HCD SB 9 Fact Sheet
Attach 4 - SB 897 Text
Attach 5 - AB 2221 Text
Attachments:

2. 22-400 Child Care and Supportive Housing Ordinance - Amendments to Hercules Municipal Code (Table 13-6.1, 13-7.1, 13-12.1 and 13-15.1 and deletion of Sec. 13-35.260) pursuant to Senate Bill 234 the Keeping Kids Close to Home Act and amendments to Hercules Municipal Code (Table 13-6.1, 13-12.1, 13-15.1, and 13-18.1) pursuant to Assembly Bill No. 2162.

Recommendation: That the City Council:

1. Request planning staff present the staff report;

2. Open the public hearing

3. Receive comments from the public;

4. Close the public hearing;

5. Request clarification from staff on any issues related to the Ordinance;

6. Adopt first reading of amended Ordinance.

CC Staff Report- Child Care and Supportive Housing
CC Presentation - Childcare & Supportive Housing - 1.10.2023 Attach 1 - Draft Ordinance- Childcare & Supportive Housing Attach 2 - Senate Bill 234
Attach 3 - Assembly Bill 2162
Attachments:

3. 22-402 Construction Codes - Ordinance to Amend Hercules Municipal Code Title 9, Chapters 1-18, Adopting by Reference the New California Code of Regulations Title 24, 2022 Edition of the California Building Standards Code with amendments developed by City of Hercules, Contra Costa

2 January 10, 2023City Council Meeting Agenda
County and the Rodeo-Hercules Fire Protection District.

Recommendation: That the City Council:

1. Request planning staff present the staff report;

2. Open the public hearing

3. Receive comments from the public;

4. Close the public hearing;

5. Request clarification from staff on any issues related to the Ordinance;

6. Adopt first reading of amended Ordinance.

CC Staff Report - Building Code 2022
CC Presentation - 2022 CBC Update - 1.10.2023
Attach 1 - Building Code 2022 Ordinance
Attach 2 - County Ord. No. 2022-35 Adoption of 2022 Building Code Attach 3 - County Findings - Ord. No. 2022-35
Attach 4 - All-Electric Ordinance No. 539
Attach 5 - RHFD Ordinance 2022-01
Attach 6 - Staff Report - RHFD Supporting Findings
Attachments:

XII. CONSENT CALENDAR

1. 22-408 Meeting Minutes for December 13, 2022
Meeting Minutes for December 13, 2022Attachments:

2. 22-396 Recognized Obligation Payment Schedule for the Period of July 1, 2023, through June 30, 2024 (ROPS 23-24)
Recommendation: Adopt a Resolution approving the recognized obligation payment schedule for the period of July 1, 2023 through June 30, 2024 (ROPS 23-24)
Staff Report-ROPS 23-24_SA
Attach 1 - SA Resolution - ROPS 23-24
Attach 2 - Hercules ROPS 23-24_RAD App Draft 12.5.22
Attachments:

XIII. DISCUSSION AND/OR ACTION ITEMS

1. 22-407 Commission and Committee Appointments
Staff Report - Commission Appointments 110922Attachments:

2. 22-405 AB 2449 Effect on Public Agency Brown Act Meeting Requirements - New Procedures for Remote Participation
Staff Report - AB 2449 Remote Participation
Attach 1 - AB 2449 Flow Chart for Authorizing Remote Participation Attach 2 - AB2449 Summary
Attachments:

3. 22-406 Receive and Discuss the Allocation of Local Assistance Funds From

3 January 10, 2023City Council Meeting Agenda
Senate Bill 154(Skinner) Budget Act 2022
Recommendation: Receive, discuss and provide feedback and direction, if any.

Staff Report_Budget Allocation Receipt 1.10.23
Attach 1 - Resolution
Attachments:

4. 22-395 Review of Preliminary FY 21-22 General Fund Year-End Result Recommendation: Receive the report on the preliminary General Fund FY 21-22 year-end result.

Staff Report-Review of Preliminary General Fund FY 21-22 Year End Results Attach 1 - Preliminary General Fund Year-to-date Revenue Report through June 30, 2022 Attach 2 - Preliminary General Fund Year-to-date Expenditure Report through June 30, 2022 Attach 3 - Preliminary General Fund Summary of Revenues, Expenditures, and Changes in Available Cash Balance as of June 30, 2022 Attach 4 - FY 21-22 Preliminary General Fund Results - Presentation Attachments:

XIV. PUBLIC COMMUNICATIONS
This time is reserved for members of the public who were unavailable to attend the Public Communications period during Section X of the meeting, or were unable to speak due to lack of time. The public speaker requirements specified in Section X of this Agenda apply to this Section.

XV. CITY COUNCIL/CITY MANAGER/CITY ATTORNEY ANNOUNCEMENTS,

COMMITTEE, SUB-COMMITTEE AND INTERGOVERNMENTAL COMMITTEE REPORTS

AND FUTURE AGENDA ITEMS
This is the time for brief announcements on issues of interest to the community. In accordance with the provisions of the Brown Act, matters which do not appear on this agenda but require City Council discussion may be either (a) referred to staff or other resources for factual information or (b) placed on a future meeting agenda.

XVI. ADJOURNMENT
The next Regular Meeting of the City Council will be held on Tuesday, January 24th, 2023 at 7:00p.m. in the Council Chambers.

Agendas are posted in accordance with Government Code Section 54954.2(a) or Section 54956.

Members of the public can view electronic agendas and staff reports by accessing the City website at www.ci.hercules.ca.us and can receive e-mail notification of agenda and staff report postings by signing up to receive an enotice from the City’s homepage. Agendas and staff reports may also be obtained by contacting the Administrative Services Department at (510) 799-8215 (Posted: January 5, 2023)

INSTRUCTIONS ON HOW TO PARTICIPATE AND WATCH THE HERCULES CITY COUNCIL AND PLANNING

COMMISSION HYBRID MEETINGS

4 January 10, 2023City Council Meeting Agenda
Attend in Person: Hercules City Council Chambers – 111 Civic Drive, Hercules, CA 94547 Attend via Zoom Teleconference: Details provided below and zoom webinar login, passcode and phone numbers provided on the agenda cover.

Please note: Updated COVID-19 safety protocols will be posted outside the City Council Chambers. Please review this information before entering the Council Chambers.

HOW TO SUBMIT PUBLIC COMMENTS-
In Person: Attend meeting at the Hercules City Council Chambers, fill out a public speaker card located on the side table and submit it to the City Clerk.

Via Zoom: Members of the public may submit a live remote public comment via Zoom video conferencing.

Download the Zoom mobile app from the Apple Appstore or Google Play. If you are using a desktop computer, you can test your connection to Zoom by clicking here or go to: https://www.zoom.us/join. Zoom also allows you to join by phone at +1-669-900-6833 or +1-929-205-6099 or +1-253-215-8782. • Speakers will be asked to provide their name and city of residence, although providing this information is not required for participation.
• Each speaker will be allowed up to 3 minutes to speak and provide comment. A limit of 30 minutes will be devoted to taking public comment during the first public comment period on the agenda. If any speaker comments have not been accommodated prior to the initial 30 minute period, time will be reserved at the conclusion of the meeting for the remaining public comments. • Speakers will be muted until their opportunity to provide public comment.

When the Mayor opens the comment period for the item you wish to speak on, please use the “raise hand” feature (or press *9 if connecting via telephone) which will alert staff that you have a comment to provide and press *6 to unmute.

Written Comments Submitted Electronically: All comments received before 3:00 p.m. the day of the meeting will be provided to the City Council prior to the meeting and posted to the City’s agenda website and located by clicking on the “meeting details” tab. Written comments received after 3:00 p.m. will be provided to City Council and posted to the agenda website the following day. Written comments will not be read aloud during the meeting. Email comments to [email protected]. Please indicate which item on the agenda you are commenting on in the subject line of your email.

Written comments submitted in person or via mail: Additional ways to provide your public comment is to either drop off your comment in person to the front desk receptionist located in the City Hall lobby or to mail your comment to City of Hercules, ATTN: City Clerk – Public Comment (Meeting Date), 111 Civic Drive, Hercules, CA 94547 in time to reach the City Clerk no later than 3:00 p.m. on the day of the meeting or you can submit your comment by telephone by calling (510) 799-8215 no later than 3:00 p.m. on the meeting date.

If you need assistance with public comment, please contact: Eibleis Melendez, Acting City Clerk at [email protected] or by calling (510) 799-8215.

All public comments will become part of the official meeting record. The City cannot guarantee that its network and/or the website will not be uninterrupted. To ensure that the City Council receives your written comments, you are strongly encouraged to submit your comments in writing in advance of the meeting by 3:00 p.m. on the day of the Council or Commission meeting.

5 January 10, 2023City Council Meeting Agenda

OTHER WAYS TO WATCH THE MEETING
Live on Channel 28: City Council meetings will replay the following Thursday at 7:00 p.m. and Saturday at 1:00 p.m.

Planning Commission meetings will replay the following Wednesday at 7:00 p.m. and Saturday at 9:00 a.m.

Video Streamed Live on the City’s Website:

To view City Council and Planning Commission meeting videos online go to: Hercules Meeting Videos.

Instructions to view Live or On-Demand Videos from the City’s website:

1. Go to: Hercules Meeting Videos or https://hercules.legistar.com/calendar.aspx.

2. Locate the desired meeting and date.

3. Click the associated “Video” link (Video status is as follows):

Video = Video is available for on demand viewing.

In Progress = Video is available for viewing during live recording.

Not Available = Video is either unavailable or has not been recorded.

6 January 10, 2023City Council Meeting Agenda

THE HERCULES CITY COUNCIL ADHERES TO THE FOLLOWING POLICIES,

PROCEDURES AND REGULATIONS REGARDING CITY COUNCIL MEETINGS

1. SPECIAL ACCOMMODATIONS: In compliance with the Americans with Disabilities Act, if you require special accommodations to participate at a City Council meeting, please contact the City Clerk at 510-799-8215 at least 48 hours prior to the meeting.

2. AGENDA ITEMS: Persons wishing to add an item to an agenda must submit the final written documentation 12 calendar days prior to the meeting. The City retains the discretion whether to add items to the agenda. Persons wishing to address the City Council otherwise may make comments during the Public Communication period of the meeting.

3. AGENDA POSTING: Agendas of regular City Council meetings are posted at least 72 hours prior to the meeting at City Hall, the Hercules Swim Center, Ohlone Child Care Center, Hercules Post Office, and on the City’s website (www.ci.hercules.ca.us),

4. PUBLIC COMMUNICATION: Persons who wish to address the City Council should complete the speaker form prior to the Council's consideration of the item on the agenda.

Anyone who wishes to address the Council on a topic that is not on the agenda and is relevant to the Council should complete the speaker form prior to the start of the meeting. Speakers will be called upon during the Public Communication portion of the meeting. In accordance with the Brown Act, the City Council may not take action on items not listed on the agenda. The Council may refer to staff any matters brought before them at this time and those matters may be placed on a future agenda.

In the interests of conducting an orderly and efficient meeting, speakers will be limited to three (3) minutes.

Anyone may also submit written comments at any time before or during the meeting.

5. CONSENT CALENDAR: All matters listed under Consent Calendar are considered to be routine and will be enacted by one motion. There will be no separate discussion of these items unless requested by a member of the Council or a member of the public prior to the time the City Council votes on the motion to adopt.

6. LEGAL CHALLENGES: If you challenge a decision of the City Council in court, you may be limited to raising only those issues you or someone else raised at the meeting or in written correspondence delivered at, or prior to, the meeting. Actions challenging City Council decisions shall be subject to the time limitations contained in Code of Civil Procedure Section 1094.6.

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CITY OF HERCULES

COMMUNITY DEVELOPMENT DEPARTMENT
TO: Mayor Walker-Griffin and Members of the City Council VIA: Dante Hall, City Manager
SUBMITTED BY: Tim Rood, Community Development Director
Larissa Alchin, Contract Planner
Christie Crowl, Assistant City Attorney
MEETING DATE: January 10, 2023
SUBJECT: Amendments to Hercules Municipal Code (Table 13-6.1, Table 13-15.1, Section 13-35.320, and Section 10-2.904) pursuant to the Department of Housing and Community Development’s review of Hercules ADU Ordinance, newly enacted ADU legislation, and SB 9 guidance.

RECOMMENDATION
That the City Council:

1. Request the staff report;

2. Open the public hearing;

3. Receive comments from the public;

4. Close the public hearing;

5. Request clarification from staff on any issues related to the Ordinance;

6. Waive first reading and approve introduction of amended Ordinance.

FISCAL IMPACT OF RECOMMENDATION:

There are no direct fiscal impacts associated with this item.

BACKGROUND:

In February 2021, the City adopted an updated Accessory Dwelling Unit (ADU) ordinance to align with prior changes to state law. State legislation was passed in late 2019 that streamlined and clarified the state’s evolving ADU requi rements, expanded opportunities for new ADUs, and limited the applicability of local zoning controls and requirements for certain ADUs.

State law requires local agencies to submit an adopted ADU ordinance to the California Department of Housing and Community Development (HCD) for review within 60 days of adoption. 8 2
DISCUSSION:

HCD Review of ADU Ordinance
On September 30, 2022, following review of Hercules’s ADU Ordinance No. 531, HCD found Sec. 13-35.320(5)(A)(1), (10)(A)(1), and (10)(A)(2) of Hercules Municipal Code out of compliance with Gov. Code 65852.2 (See Attachment 2). The Ordinance states in multiple places that only one ADU or one JADU within existing space is allowed per lot. Current state law requires local agencies to ministerially approve one ADU and one JADU unit per lot. Therefore, the following section of the Hercules ADU Ordinance must be changed by replacing “or” with “and”to comply with state law:

Sec. 13-35.320

5. Development Standards.

A. ADUs Within Existing Space. An ADU within existing space or and a JADU within existing space is are permitted as long as the side and rear setbacks are sufficient for fire and safety. No other development standards in this Section apply to ADUs and JADUs within existing space, except that:
1) Only 1 ADU within existing space or and 1 JADU within existing space is are allowed per lot unless a building permit or permits are obtained for multiple ADUs under subsection (10)(A) of this Section;

10. Statewide Exemption ADUs.

A. Notwithstanding the requirements of this Section, only building permits shall be required for ADUs orand JADUs in the following circumstances:
1) One ADU within existing space of an existing or proposed sin gle-family dwelling if the ADU has exterior access separate from the primary dwelling and sufficient side and rear setbacks for fire and safety.
2) One JADU within existing space of an existing or proposed si ngle-family dwelling that has exterior access separate from the single-fami ly dwelling, sufficient side and rear setbacks for fire and safety, and meets all requirements of subsection (11) of this Section.

HCD SB 9 Guidance
Similarly, HCD has released additional Senate Bill 9 guidance (see Attachment 3), which clarified how many units (including ADU/JADU and SB 9 units) are allowed when an urban lot split occurs under the provisions of SB 9. Local agencies must allow up to two units on each lot resulting from an urban lot split, including any of the following three unit types; primary unit, ADU, and Junior ADU. 9 3
For example, each lot resulting from an SB 9 urban lot split may contain one of the following unit configurations:
x 1 primary dwelling unit
x 2 primary dwelling units (SB 9 Two-Unit Development)
x 1 primary dwelling unit and 1 ADU
x 1 primary dwelling unit and 1 JADU
In all four scenarios, no more than two units would be permitted on a lot resulting from the urban lot split. HMC Sec. 10-2.904(i) seems to preclude ADUs/JADUs on parcels resulting from an urban lot split regardless of whether it contains an SB 9 two-unit development.

Therefore, the following change to HMC Sec. 10-904(i) is proposed to comply with HCD guidance:

Sec. 10-904
(i) Accessory Dwelling Unit. Accessory dwelling units and junior accessory dwelling units shall not be permitted on parcels resulting from an urban lot split created under the authority contained within this Section. if the project involves approval of both a two-unit development under the authority contained in Chapter 13-36 and approval of an urban lot split under the authority contained within this Section . Parcels created through an urban lot split which have the effect of separating an existing accessory dwelling unit from the primary dwelling shall submit concurrently for a new SB 9 primary dwelling unit on the parcel containing only an accessory dwelling unit. (Ord. 540 § 3, 2022) Senate Bill 897
On September 28, 2022, Governor Newsom signed a related ADU bill, Senate Bill (SB) 897, which clarified and expanded upon previously passed ADU legislation. Both bills will take effect on January 1, 2023. The conformance letter received on September 30, 2022 fr om HCD did not address compliance with this legislation.

SB 897 (Attachment 4) increases height limits of detached and attached ADUs with restriction. It also prevents local governments from posting unnecessary notices, clarifies objective standards, and limits correction of nonconforming zoning conditions. The new law does the following:
x Clarifies that standards imposed on accessory dwelling units must be objective; including but not limited to parking, height, setback, landscape, architectural review, maximum size of a unit, and standards that prevent adverse impacts on historical resources. o Hercules’s existing ADU Ordinance complies with this change. x Requires a local agency to issue a demolition permit for a detached garage that is to be replaced by an ADU, at the same time as issuance of the ADU permit with no requirement for noticing or posting a written notice for the demolition. 10 4
o HMC does not require written notice or posting of a placard for d emolition, therefore no change is required.
x Increases the required maximum height limitation for attached ADUs to at least 25 feet or the height limitation of the primary dwelling as specified by the applicable zoning district, whichever is lower.
o HMC currently allows an attached ADU’s maximum height to conform with applicable zoning district standards of the primary dwelling unit. Local agencies may adopt less restrictive requirements for the creation of an accessory dwelling unit such as building height. Therefore, no changes to the attached ADU height regulations are required.
x Prohibits a local agency from denying an application for a permit to create an ADU due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the ADU.
o Staff recommends the following change to address this requirement:

Sec. 13-35.320
4) ADUs are allowed in single-family and multifamily residential zoning districts where there is exactly 1 conforming single-family residence or at least 1 conformingmultifamily building on the parcel or proposed for the parcel. x Increases the maximum height limitation of detached ADUs to 18 feet if located within 1/2-mile walking distance of a major transit stop or a high-quality transit corridor, as defined, or if the accessory dwelling unit is detached and on a lot that has an existing multifamily, multistory dwelling unit. The bill requires local a gencies to allow an additional two feet in height to accommodate a roof pitch on anADU that aligns with the roof pitch of the primary dwelling.
o HMC currently permits detached ADUs to be a maximum of 18 feet, however the code also limits the structure to 1 habitable story. Staff understands the intent of this change in height limit from 16 feet to 18 feet is to allow 2 story detached ADUs.

Staff recommends the following change to address the detached ADU height requirement:

Sec.13-35.320
E. Height. An ADU shall conform to the applicable height limits of the zoning district in which it is located, except that:
1) No new detached ADU shall exceed 18 feet or 1 habitable story 16 feet, or 18 feet if the accessory dwelling unit is within 0.5 mile walking distance of either a high-quality transit corridor as defined in subdivision (b) of Section 21155 of 11 5
the Public Resources Code, or a major transit stop as defined in Section 21064.3 of the Public Resources Code, or if the accessory dwelling unit is detached and on a lot that has an existing or proposed multifamily, multistory dwelling. ADUs shall be allowed two feet of additional roof height if necessary to align with the roof pitch of the existing primary dwelling. 2) Second-story ADUs are allowed on top of existing, legally approved detached structures, provided height does not exceed that of the existing primary residence.

Residential & Planned Commercial Residential Mixed-Use District Land Use Tables During review of the above section of HMC, staff identified two areas of the land use table as being inconsistent with the City’s existing ADU and SB 9 municipal code. Pursuant to subdivision (e) of Government Code section 65852.2, Accessory Dwelling Units must be permitted in any residential or mixed-use zoning districts, which is understood to mean any z one where residential uses are permitted by-right or by conditional use. HMC Table 13-6.1 currently lists Accessory Dwelling Units as “Use Not Allowed” in multi-family zoning districts RM-L, RM- M and PM-H, which is not consistent with the City’s ADU Ordinance and State Law. Similarly, ADUs are currently listed as requiring an Administrative Use Permit, which is inconsistent wi th requirements that ADUs be approved ministerially. Staff added a new “Permitted Use” category to Table 13-6.1 and Table 13-

15.1, to specify a use that is principally permitted in the district. Permitted Uses require no subjective review, hearing or noticing and are typically submitted as a building permit with Planning review for zoning compliance.

SB 9 Two-Un it Deve lop ments were a lso adde d to Table 1 3-6.1 as a Permitted Use (P) in single- family districts RS-E and RS-L.
[Key to Land Use Designations: P- Permitted Use; A - Administrative Use Permit Required; C - Conditional Use Permit Required; DR– Design Review Required; -- Use Not Allowed] Table 13-6.1 Land Use Regulations: Residential District RS-E RS-L RM-L RM-M RM-H See Also
Residential
Single-Family Home A A C C —
Duet (Single-Family Attached) — — A A —
Duplex — — A A —
Multifamily Dwelling — — C C C
Townhouse/Condominium — — C C C
Two-Unit Development P P — — — Section 13-36
12 6
Table 13-6.1 Land Use Regulations: Residential District RS-E RS-L RM-L RM-M RM-H See Also
Mobile Home A A A A —
Accessory Uses and Structures A(1) A(1) A(1) A A Section 13-

35.210

Rooming and Boarding Houses
(4 or less people)
A A A C —
Rooming and Boarding Houses
(5 or more people)
— — C C —
Small Family Daycare Homes (6
or less children)
A A A A A Section 13-

35.260

Large Family Daycare Homes (7
to 14 children)
A A A A A Section 13-

35.260

Accessory Dwelling Unit P P P P P Section 13-

35.320

Senior Housing C C C C C
Emergency Shelter — — — — —
Single-Room Occupancy Units — — — — —
Supportive Housing (Apartment
Type)
— — C C C
Supportive Housing (Residential
Care Facility Small Type)
A A A A —
Supportive Housing (Residential
Care Facility Large Type)
— — — C C
Residential Care Facility (6 or
fewer residents)
A A A A —
Residential Care Facility (7+
residents)
— — — C C
13 7
Table 13-6.1 Land Use Regulations: Residential District RS-E RS-L RM-L RM-M RM-H See Also
Transitional Housing
(Apartment Type)
— — C C C
Transitional Housing
(Residential Care Facility Small
Type)
A A A A —
Transitional Housing
(Residential Care Facility Large
Type)
— — — C C
Commercial Uses
Home Occupation A A A A A
Bed and Breakfast Inns C C C C —
Public and Quasi-Public Uses
Clubs and Lodges — — C C C
Libraries, Museums and
Galleries
— — C C C
Park and Recreation Facilities A A A A A
Public Safety Facilities A A A A A
Religious Assembly C C C C C
Schools, Public or Private C C C C —
Utility Facilities C C C C —

Key to Land Use Regulations
P Permitted Use
A Administrative Use Permit Required
C Conditional Use Permit Required
14 8
Table 13-6.1 Land Use Regulations: Residential District RS-E RS-L RM-L RM-M RM-H See Also
DR Design Review Required
— Use Not Allowed
(1)Single story detached accessory structures under 120 square feet total on site are exempt from use permit requirements.

Table 13-15.1 Land Use Regulations: PC-R Planned Commercial Residential Mixed-Use District
PC-R See Also
Commercial Uses
Home Occupation A
Recreation and Entertainment C
Retail Sales
Outdoor Sales C
Retail Stores
2,000 sq ft or less A
More than 2,000 sq ft C
Restaurants and Delicatessens A
With Liquor Service C
Shopping Centers C
Services and Offices
Athletic Clubs C
Business Services A
Hotel C
Offices and Banks A
15 9
Table 13-15.1 Land Use Regulations: PC-R Planned Commercial Residential Mixed-Use District
PC-R See Also
Personal Services A

Residential Uses
Accessory Dwelling Unit A P Section 13-35.320
Caretaker, Manager and Employee Housing A
Small Family Daycare Home (8 or less children) A Section 13-35.260 Large Family Daycare Homes (7 to 14 children) A Section 13-35.260 Live-Work Units A
Multifamily Dwellings A
Townhouse/Condominiums A
Planned Unit Development A
Supportive Housing (Apartment Type) A
Transitional Housing (Apartment Type) A

Public and Quasi-Public Uses
Daycare Facilities (for employees and visitors) A
Government Offices A
Libraries, Museums and Galleries A
Public Safety Facilities A
Urgent Medical Care C
Utility Facilities C

Accessory Uses and Structures A(1)
16 10
Table 13-15.1 Land Use Regulations: PC-R Planned Commercial Residential Mixed-Use District
PC-R See Also

Key to Land Use Regulations
P Permitted Use
A Administrative Use Permit Required
C Conditional Use Permit Required
(1)Facility or use is directly related to the primary use of site.

ENVIRONMENTAL DETERMINATION
Under Public Resources Code Section 21080.17, the California Environmental Quality Act (CEQA) does not apply to the adoption of the proposed ordinance amendm ents by a city or county to implement the provisions of Section 65852.1 or 65852.2 of the Government Code (the state ADU law). Likewise, under Californ ia Government Code Sections 65852 .21(j) and 66411.7(n), the adoption of an ordinance implementing the provisions of SB 9 is exempt from the requirements of the California Environmental Quality Act.

RECOMMENDATION:

Approve the proposed ordinance am endments, which, consistent wi th state law requirements, generally accomplish the following:
x Remove or clarify existing Hercules requirements pursuant to State law, including:
o Replacing “or” with “add” to clarify that one ADU and one JADU within existing space are permitted per lot.
o Clarify that an ADU or JADU would be permitted on each parcel resulting from an SB 9 urban lot split, if the parcel does not also include a two-unit development as contained in Chapter 13-36.
o Update HMC to comply with new ADU legislation effective January 1, 2023.

ATTACHMENTS:

1. Draft Ordinance

2. California Dept. of Housing andCommunity Development, Review of Hercules ADU Ordinance
17 11

3. California Dept. of Housing and Community Development, SB 9 Fact Sheet

4. Senate Bill 897 – Text
18 Update HMC to comply with
California ADU and Senate Bill 9 Laws

CITY OF HERCULES CITY COUNCIL MEETING
JANUARY 10, 2023
19 HCD
Review of
ADU
Ordinance
California Department of Housing and Community Development reviewed Hercules’s ADU Ordinance No. 531and found Sec. 13-

35.320(5)(A)(1), (10)(A)(1), and (10)(A)(2) of HMC out of compliance with state law.

HMC states in multiple places that only one ADU or one JADU within existing space is allowed per lot.

State law requires local agencies to ministerially approve one ADU and one JADU unit per lot.

HMC Sec. 13-35.320(5)(A)(1), (10)(A)(1), and (10)(A)(2) must be amended to replace “or” with “and” to comply with state law. 20 HCD SB 9
Guidance
California Department of Housing and Community Development recently released additional Senate Bill 9 to clarify number units (including ADU/JADU and SB 9 units) allowed when an urban lot split occurs under the provisions of SB 9.

Local agencies must allow up to two units on each lot resulting from an urban lot split.
1 primary dwelling unit
2 primary dwelling units (SB 9 Two-Unit Development)
1 primary dwelling unit and 1 ADU
1 primary dwelling unit and 1 JADU
Staff proposes to amend HMC Sec. 10-2.904(i) to comply with state law and HCD guidance.
21 Sec. 10-904
(i) Accessory Dwelling Unit. Accessory dwelling units and junior accessory dwelling units shall not be permitted on parcels resulting from an urban lot split
created under the authority contained within this
Section. if the project involves approval of both a two-unit development under the authority contained in Chapter 13-36 and approval of an urban lot split under the authority contained within this Section. Parcels created through an urban lot split which have the effect of separating an existing accessory dwelling unit from the primary dwelling shall submit concurrently for a new SB 9 primary dwelling unit on the parcel containing only an accessory dwelling unit. (Ord. 540 § 3, 2022) 22 Senate Bill 897 & AB 2211
On September 28, 2022, Governor Newsom signed two related ADU bills, Senate Bill (SB) 897 and Assembly Bill (AB) 2211 , which clarified and expanded upon previously passed ADU legislation.
¾AB 2211 did not require any amendments to HMC
¾SB 897
¾ Increases height limits to 18’ for detached and 25’ for attached ADUs with restriction ¾Allow additional 2’ in height to accommodate roof pitch to match primary ¾Prevents unnecessary notice for demolition
¾Clarifies objective standards
¾Limits correction of nonconforming zoning conditions
23 Clarifies ADU are only subject to objective standards; including but not limited to parking, height, setback, landscape, architectural review, maximum size of a unit, and standards that prevent adverse impacts on historical resources. No change required Requires issue of a demolition permit for a detached garage being replaced by an ADU, with no requirement for noticing or posting a written notice for the demolition. No change required
Increases the required maximum height limitation for attached ADUs to at least 25 feet or the height limitation of the primary dwelling as specified by the applicable zoning district, whichever is lower. No change required
Prohibits a local agency from denying an ADU due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the ADU. Change required
Sec. 13-35.320
4) ADUs are allowed in single-family and multifamily residential zoning districts where there is exactly 1 conforming
single-family residence or at least 1 conforming multifamily building on the parcel or proposed for the parcel.
24 Increases maximum height limitation of detached ADUs to 18’ if located within 1/2-mile walking distance of a major transit stop or a high-quality transit corridor, as defined, or if the accessory dwelling unit is detached and on a lot that has an existing multifamily, multistory dwelling unit and allow an additional 2’ in height to accommodate a roof pitch on an ADU to match primary. Change required Sec.13-35.320
E. Height. An ADU shall conform to the applicable height limits of the zoning district in which it is located, except that:
1) No new detached ADU shall exceed 18 feet or 1 habitable story 16 feet, or 18 feet if the
accessory dwelling unit is within 0.5 mile walking distance of either a high-quality transit corridor as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop as defined in Section 21064.3 of the Public Resources Code, or if the accessory dwelling unit is detached and on a lot that has an existing or proposed multifamily, multistory dwelling. ADUs shall be allowed two feet of additional roof height if necessary to align with the roof pitch of the existing primary dwelling.
2) Second-story ADUs are allowed on top of existing, legally approved detached structures, provided height does not exceed that of the existing primary residence. 25 Residential & Planned Commercial Residential
Mixed-Use District Land Use Tables
HMC Land Use Tables are inconsistent with the City’s existing ADU and SB 9 municipal code ͻ Pursuant to subdivision (e) of Government Code section 65852.2, Accessory Dwelling Units must be permitted in any residential or mixed-use zoning districts. ͻ Table 13-6.1 currently lists Accessory Dwelling Units as “Use Not Allowed” in multi-family zoning districts RM-L, RM-M and PM-H, which is inconsistent with the City’s ADU Ordinance and State Law ͻ ADUs are currently listed as requiring an Administrative Use Permit, which is inconsistent with requirements that ADUs be approved ministerially.
ͻ Staff added a Permitted Use to “Key to Land Use Regulations” ͻ Permitted Use (P) - require no subjective review, hearing or noticing and are typically submitted as a building permit with Planning review for zoning compliance. ͻ SB 9 Two-Unit Developments added to Table 13-6.1 as a Permitted Use (P) in single-family districts RS-E and RS-L.
26 Table 13-6.1 Land Use Regulations: Residential District RS-E RS-L RM-L RM-M RM-H See Also
Residential
Single-Family Home A A C C —
Duet (Single-Family Attached) — — A A —
Duplex — — A A —
Multifamily Dwelling — — C C C
Townhouse/Condominium — — C C C
Two-Unit Development P P — — — Section 13-3
Mobile Home A A A A —
Accessory Uses and Structures A(1) A(1) A(1) A A Section 13-

35.210
Rooming and Boarding Houses
(4 or less people)
A A A C —
Rooming and Boarding Houses
(5 or more people)
— — C C —
Small Family Daycare Homes (6
or less children)
A A A A A Section 13-

35.260
Large Family Daycare Homes (7
to 14 children)
A A A A A Section 13-

35.260
Accessory Dwelling Unit P P P P P Section 13-

35.320
Senior Housing C C C C C
Emergency Shelter — — — — —
Single-Room Occupancy Units — — — — —
Supportive Housing (Apartment
Type)
— — C C C
27 Approve the proposed ordinance amendments, which, consistent with state law requirements, generally accomplish the following:

Remove or clarify existing Hercules requirements pursuant to State law, including:
‰Replacing “or” with “add” to clarify that one ADU and one JADU within existing space are permitted per lot.
‰Clarify that an ADU or JADU would be permitted on each parcel resulting from an SB 9 urban lot split, if the parcel does not also include a two-unit development as contained in Chapter 13-36. ‰Update HMC to comply with new ADU legislation effective January 1, 2023

RECOMMENDATION
28 Ordinance No.

ATTACHMENT 1.

ORDINANCE NO. _____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERCULES AMENDING PROVISIONS OF LAND USE REGULATION TABLES 13-6.1 AND 13-15.1; SECTION 13-35.320 AND SECTION 10-2.904 OF THE HERCULES MUNICIPAL CODE FOR

CONSISTENCY WITH STATE LAW REGARDING ACCESSORY DWELLING UNITS AND SENATE BILL 9 LOT SPLITS AND FINDING THAT THIS ORDINANCE IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.

WHEREAS, on January 12, 2021, Hercules City Council held a properly noticed public hearing and adopted Ordinance No. 531 approving Zoning Text Amendment # 20-03, repealing and replacing Section 13.35.320 of the Hercules Municipal Code related to Accessory Dwelling Units; and
WHEREAS, on June 28, 2022, the City Council held a properly noticed pub lic hearing and adopted Ordinance No. 540 amending Hercules Municipal Code Title 10 (“Land Use”), Chapter 2 (“Subdivisions”) and Title 13 (“Zoning Ordinance”) establishing regulations for the subdivision and development of qualified Senate Bill 9 (SB 9) properties; and WHEREAS, following review by the Californi a Department of Housing and C ommunity Development of the ADU Ordinance the City proposes to update its requirements of the Municipal Code to conform to current state law; and
WHEREAS, on September 28, 2022, Senate Bill 897 was approved by the Go vernor of State of California and filed with the Secretary of State, amending Section 65852.2 of the California Government Code and adding Section 65852.23 and amending Section 17980.12 of the Health and Safety Code relating to land use; and
WHEREAS, on September 28, 2022, Assembly Bill 2221 was approved by the Governor of the State of California and filed with the Secretary of State, amending Section 65852.2 of the California Government Code relating to land use; and
WHEREAS, the zoning text amendment would implement Government Code Sections 65852.2, 66452.6, 65852.21, 66411.7, and 65852.23 of the Government Code and section 17980.12 of the H e a l t h a n d S a f e t y C o d e w i t h i n t h e C i t y o f H e r c u l e s i n a m a n n e r that is consistent with the requirements of state law.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERCULES DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. RECITALS. The City Council hereby incorporates the above recitals into th is Ordinance by this reference.

Commented [PT1]: prior recitals mention GC 65852.23 and H&S C 17980.12 but these provisions are not mentioned in this recital. Is this recital intended to reference those other provisions? 29 Ordinance No.

SECTION 2. ENVIRONMENTAL REVIEW Under Public Resources Code Section 21080.17, the California Environmental Quality Act (CEQA) does not apply to the adoption of the proposed ordinance amendments by a city o r county to implement the provi sions of Section 65852.1 or 65852.2 of the Government Code (the state ADU law), and under C alifornia Government Code Sections 65852.21(j) and 66411.7(n), the adoption of an ordinan ce implementing the provisions of SB 9 is exempt from the requirements of the California Environmental Quality Act as such, the adoption of the ordinance is exempt from CEQA.

SECTION 3. AMENDMENTS
Sec. 13-35.320 Accessory Dwelling Units.

1. Purpose. This Section is intended to implement the General Plan policies which encourage accessory dwelling units (ADUs) on residential parcels, and is also intended to address the State’s ADU provisions as set forth in Government Code Section 65852.1 et seq. ADUs are commonly referred to as second units, in-law-units, and accessory-apartments, and contribute needed housing to the City’s housing stock. ADUs do not exceed the allowable density for the lot and are consistent with General Plan and zoning designations.

2. Building Permit Required. The Planning Director shall ministerially approve building permits for ADUs in compliance with this Section. No public hearing or any additional permit shall be required of applicants seeking approval of an ADU pursuant to this Section. The Planning Director shall act on the application to create an ADU within 60 days from the date an application is complete if there is an existing single-family or multifamily dwelling on the lot. If the application involves an ADU where there is also an application for a new single-family dwelling on the lot, then the Planning Director may delay action on the ADU application to coincide with the single-family dwelling application as long as the Director applies the ministerial review required by this Section. Applicants may request a delay or waive the 60-day approval period. Applications for ADUs not meeting the requirements of this Section are subject to the administrative use permit requirements set forth in Chapter 13-50.

3. Definitions.
“Accessory dwelling unit (ADU)” shall consist of complete independent living facilities for 1 or more persons including permanent provisions for sleeping, living, eating, cooking, and sanitation. An ADU shall have exterior entrance separate from the primary dwelling. An efficiency unit as defined in Health and Safety Code Section 17958.1 and a manufactured home as defined in Health and Safety Code Section 18007 are considered ADUs. “ADU within existing space” or “JADU within existing space” means an ADU or JADU within the living area of an existing primary dwelling, within an attached or detached garage, or within other permitted accessory structure. An ADU within existing space may include an expansion of up to 150 square feet beyond the physical dimensions of the existing structure to accommodate ingress and egress.
“Attached ADU” means
an ADU that is attached to an existing or proposed primary dwelling or accessory structure.
30 Ordinance No.

“Detached ADU” means an ADU that is not attached to an existing or proposed primary dwelling or accessory structure.
“Junior accessory dwelling unit (JADU)” means an ADU that is no more than 500 square feet in size and contained entirely within the walls of an existing or proposed single-family residence and which may or may not share sanitation facilities with the existing structure. “Living area” includes the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.

4. Lot Requirements. ADUs are allowed in single-family and multifamily residential zoning districts where there is exactly 1 conforming single-family residence or at least 1 conforming multifamily building on the parcel or proposed for the parcel. Except as specified in subsection 10 of this Section, a maximum of 1 ADU is allowed on a single-family lot. The City will not approve a building permit for an ADU unless and until the City receives the following:

A. Deed Restriction. A copy of a recorded deed restriction that complies with Government Code Section 27281.5, and states that the ADU will not be rented for less than 30 days and that the ADU will not be sold separately from the primary residence; and
B. Fees.
1) ADUs containing 750 or more square feet are subject to any fees for residential units required by the City’s Master Fee Schedule as it exists at the time the ADU application is filed. Fees shall be charged in proportion to the square footage of the primary dwelling (e.g., a 1,000-square-foot ADU would be charged 50 percent of the applicable fee if the primary dwelling is 2,000 square feet). ADUs on lots with a single-family residence are subject to single-family unit fees, while ADUs on lots with a multifamily residence are subject to multifamily unit fees. All fees are subject to the requirements of Government Code Section 65852.2 and the Mitigation Fee Act.
2) ADUs within existing space and ADUs containing less than 750 square feet are not subject to fees under this subsection (4)(B).
3) Notwithstanding the requirements of this subsection (4)(B), unless an ADU is constructed with a new single-family dwelling, it is not considered a “new” residential use for the purpose of calculating any connection fees, sewer facilities fees, or capacity charges. ADUs not constructed with a new single-family home are only subject to connection fees, sewer facilities fees, and capacity charges to the extent that such fees and charges apply to existing uses.

5. Development Standards.

A. ADUs Within Existing Space. An ADU within existing space or anda JADU within existing space is arepermitted as long as the side and rear setbacks are sufficient for fire 31 Ordinance No.

and safety. No other development standards in this Section apply to ADUs and JADUs within existing space, except that:
1) Only 1 ADU within existing space or and 1 JADU within existing space is are allowed per lot unless a building permit or permits are obtained for multiple ADUs under subsection (10)(A) of this Section;
2) Garage spaces converted to ADUs shall replace garage doors with walls, windows, and/or doors rated by building code for habitable spaces.

B. Attached ADUs. Attached ADUs shall comply with the following requirements:
1) If the attached ADU contains 1 bedroom, it shall not exceed 850 square feet. If the attached ADU contains more than 1 bedroom, it shall not exceed 1,000 square feet.
2) All other development standards required by this subsection (5).

C. Detached ADUs. Detached ADUs shall comply with the following requirements:
1) If the detached ADU contains 1 bedroom, it shall not exceed 850 square feet. If the detached ADU contains more than 1 bedroom, it shall not exceed 1,000 square feet.
2) Detached ADUs shall have individual addresses separate from the primary residence. Addresses shall be displayed on the ADU building so that it is clearly visible and legible from the street or adjacent alley. If the ADU is located on the property such that it cannot be seen from a street or alley, the property shall post a sign or display some other type of marker in the front yard with the ADU address on it, subject to Fire District approval.
3) All other development standards required by this subsection (5).

D. Setbacks. No setbacks shall be required for ADUs within existing space as long as side and rear setbacks are sufficient for fire safety. A setback of 4 feet from side and rear lot lines is required for all other ADUs. No ADU shall be built over utility easements or recorded setbacks. No passageway between an ADU and an existing dwelling shall be required. All ADUs are subject to the same front and corner setbacks as the primary residence, except that front setbacks may not preclude Statewide exemption ADUs (see subsection (10) of this Section).

E. Height. An ADU shall conform to the applicable height limits of the zoning district in which it is located, except that:
1) No new detached ADU shall exceed 18 feet or 1 habitable story; 16 feet, or 18 feet if the accessory dwelling unit is within 0.5 mile walking distance of either a high-quality transit corridor as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop as defined in Section 21064.3 of the Public Resources Code, or if the accessory Commented [PT2]: are
32 Ordinance No.

dwelling unit is detached and on a lot that has an existing or proposed multifamily, multistory dwelling. ADUs shall be allowed two feet of additional roof height if necessary to align with the roof pitch of the existing primary dwelling.
2) Second-story ADUs are allowed on top of existing, legally approved detached structures, provided height does not exceed that of the existing primary residence.

F. Building Code Requirements. Except as otherwise provided in this Section, all building code requirements that apply to detached dwellings apply to detached ADUs.

Notwithstanding any requirements of this subsection (5)(F), a new or separate utility connection directly between the ADU and the utility is not required for either detached ADUs or attached ADUs unless a new or separate connection is necessary to serve the ADU due to:
1) The topography of the property;
2) Existing impediments such as trees, structures, or easements; 3) The location of the ADU on the property; or
4) Inadequate existing connections.

6. Design Standards. An ADU must conform to the design characteristics of the existing residence or residences. A determination of conformity shall be made if the ADU utilizes all of the following features of the existing residence or residences: architectural features, building materials, and paint color. When an existing garage is converted to an ADU, windows and/or door features may be required for consistency with fire and building codes and in consultation with the Fire Marshal. ADUs constructed on any property that is designated in the California Register of Historic Resources as a historic contributing or landmark structure shall adhere to the Hercules Design Guidelines for Historic Preservation.

7. Fire Sprinklers. If the primary residence, whether existing or proposed, is required to contain fire sprinklers, then sprinkler installation is also required for the ADU.

8. Parking. In addition to the off-street parking spaces required for the existing residence, each ADU with 1 or more bedrooms must provide at least 1 off-street parking space; for ADUs without separate bedrooms (i.e., studios), additional off-street parking is not required. ADU parking spaces may be provided as tandem parking, including on an existing driveway or in paved setback areas, excluding the non-driveway front yard setback. Parking requirements shall be waived if the ADU is located: (A) within 0.5 mile walking distance of a public transit stop; (B) in a designated historic district; (C) in part of an existing primary residence or an existing accessory structure pursuant to subsection (5)(A) of this Section; (D) in an area requiring on- street parking permits not offered to the ADU occupant; or (E) within 1 block of a car-sharing pickup/drop-off location.
33 Ordinance No.

9. Replacement Parking. When a garage, carport, or covered parking structure is demolished or converted in conjunction with the construction of an ADU (excluding JADUs), replacement parking shall not be required.

10. Statewide Exemption ADUs.

A. Notwithstanding the requirements of this Section, only building permits shall be required for ADUs or andJADUs in the following circumstances:
1) One ADU within existing space of an existing or proposed single-family dwelling if the ADU has exterior access separate from the primary dwelling and sufficient side and rear setbacks for fire and safety.
2) One JADU within existing space of an existing or proposed single-family dwelling that has exterior access separate from the single-family dwelling, sufficient side and rear setbacks for fire and safety, and meets all requirements of subsection (11) of this Section.
3) One detached, new construction ADU on a lot with an existing or proposed single-family dwelling that does not exceed 4-foot side and rear setbacks, that has a total floor area of no more than 800 square feet, and that does not exceed 16 feet in height. An ADU approved pursuant to this subsection (10)(A)(3) may be combined with a JADU described in subsection (10)(A)(2) of this Section. 4) Multiple ADUs within the portions of existing multifamily dwelling structures that are not used as livable space, including but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with State building standards for dwellings. At least 1 ADU and up to 25 percent of the number of existing multifamily dwellings shall be allowed within an existing multifamily dwelling. No more than 2 detached ADUs are allowed on a lot with an existing multifamily dwelling, subject to a height limit of 16 feet and 4-foot side and rear yard setbacks.

B. No applicant for a building permit sought under this subsection (10) shall be required to do, perform, or construct any of the following:
1) Correct nonconforming zoning conditions; or
2) Install fire sprinklers, unless they are required for the primary residence; or 3) Install new or separate utility connection or pay any connection fee, sewer facilities fee, or capacity charge, unless the ADU is constructed with a new single-family home.

C. ADUs constructed pursuant to this Section cannot be rented for a term less than 30 days.

Commented [PT3]: While not part of the amendments required pursuant to the new housing laws, I'm wondering how will applicants intending to make the ADU available for short term rentals be informed of this limitation? Curious is there a reason why there is no similar restriction for a JADU?
Commented [LA4R3]: The restriction on short term rentals also apply to JADUs. I'm not sure why it's not included in HMC. Gov.

Code, §65852.2, (e)(4)
34 Ordinance No.

D. An applicant for a building permit under this Section may be required to provide proof of a percolation test within the last 5 years (or 10 years if the percolation test has been recertified).

11. Junior Accessory Dwelling Units (JADUs). One JADU may be built per residential lot zoned for single-family residences with an existing or proposed single-family residence. The owner of the existing or proposed single-family residence must reside in the JADU or the remaining portion of the single-family residence unless owner is a governmental agency, land trust, or housing organization.

A. Deed Restriction Required. The owner of the single-family lot upon which a JADU is constructed must record a deed restriction that: complies with Government Code Section 27281.5, runs with the land, states that the JADU cannot be separately sold from the single-family residence, states that the deed restriction can be enforced against future purchasers, and states that the size and attributes of the JADU must conform to the requirements of this Section and State law.

B. JADU Development Standards. The following development standards apply to JADUs:
1) Efficiency Kitchen. A JADU must have at least an efficiency kitchen, which includes a cooking facility with appliances, and a food preparation counter and storage cabinets that are of reasonable size in relation to the size of the JADU. 2) Parking. JADUs are not subject to the parking requirements of subsection (8) of this Section but may provide 1 or more parking spaces at the option of the owner.
3) Utilities. For purposes of providing service for water, sewer, or power, including any connection fee, a JADU shall not be considered a separate or new dwelling unit. No separate or new utility connections are required for JADUs. [Ord. 531 § 2, 2021.]
Article 9. Urban Lot Splits
Sec. 10-2.901 Purpose.

This Chapter establishes exceptions to the Subdivision Ordinance and Zoning Ordinance and provides permit procedures to allow urban lot splits allowed by Senate Bill No. 9 (2021), as codified in Government Code Sections 66452.6 and 66411.7. The provisions of this Chapter shall supersede any other provision to the contrary in the Subdivision Ordinance or the Zoning Ordinance. Subdivision standards provided for in the Subdivision Ordinance that are not affected by this Chapter shall remain in effect. (Ord. 540 § 3, 2022) 35 Ordinance No.

Sec. 10-2.902 Definitions.

Unless otherwise specifically provided, or required by the context, the following terms have the meanings set forth for the purposes of this Section and Chapter 13-36:
“A person acting in concert with the owner” means a person that has a common ownership or control of the subject parcel with the owner of the adjacent parcel, a person acting on behalf of, acting for the predominant benefit of, acting on the instructions of, or actively cooperating with, the owner of the parcel being subdivided.
“Adjacent parcel” means any parcel of land that is (a) touching the parcel at any point; (b) separated from the parcel at any point only by a public right-of-way, private street or way, or public or private utility, service, or access easement; or (c) separated from another parcel only by other real property which is in common ownership or control of the applicant. “Sufficient for separate conveyance” means that each attached or adjacent dwelling unit is constructed in a manner adequate to allow for the separate sale of each unit in a common interest development as defined in Civil Code Section 1351 (including a residential condominium, planned development, stock cooperative, or community apartment project) or into any other ownership type in which the dwelling units may be sold individually. “Two (2) unit development” means a development that proposes no more than two (2) units or proposes to add one (1) new unit to one (1) existing unit and that meets all the criteria and standards set forth in Chapter 13-36.
“Urban lot split” means a ministerial application for a parcel map to subdivide an existing parcel located within a single-family residential zone into two (2) parcels, as authorized by Section 66411.7 of the Government Code. (Ord. 540 § 3, 2022)
Sec. 10-2.903 Applicability.

A parcel map for an urban lot split shall be considered ministerially on parcels satisfying all of the following general requirements:
(a) Zoning District. A parcel that is located within a single-family residential zone. (b) Historic Property. A parcel that is not listed on the City of Hercules historic resource inventory or located in a historic district.
(c) Legal Parcel. A parcel which has been legally created in compliance with the Subdivision Map Act (Government Code Section 66410 et seq.) and Subdivision Ordinance, as applicable at the time the parcel was created. The Community Development Department may require a certificate of compliance to verify conformance with this requirement. (d) Hazardous Waste Site. A parcel that is not identified as a hazardous waste site pursuant to Government Code Section 65962.5 or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Section 25356 of the Health and Safety Code, unless the State Department of Public Health, State Water Resources Control Board, or Department of Toxic Substances Control has cleared the site for residential use. 36 Ordinance No.

(e) Flood Zone. A parcel that is not located within a special flood hazard area subject to inundation by the one percent (1%) annual chance flood (one hundred (100) year flood) on the official maps published by the Federal Emergency Management Agency, unless a letter of map revision prepared by the Federal Emergency Management Agency has been issued or if the proposed primary dwelling unit(s) is constructed in compliance with the provisions of Chapter 10-7 (Flood Damage Prevention) as determined by the Floodplain Administrator. (f) Earthquake Fault Zone. A parcel that is not located within a delineated earthquake fault zone as determined by the State Geologist on any official maps published by the State Geologist, unless the proposed housing development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law (Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code).
(g) Natural Habitat. A parcel that is not recognized by the City as a habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the Federal Endangered Species Act of 1973 (16 U.S.C. Section 1531 et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code). (Ord. 540 § 3, 2022)
Sec. 10-2.904 Subdivision Standards.

The following objective subdivision standards supersede any other standards to the contrary that may be provided in the Subdivision Ordinance, Zoning Ordinance, or applicable planned unit development as they pertain to creation of an urban lot split under Section 66411.7 of the Government Code:
(a) Subdivision Map Act. The urban lot split shall conform to all applicable objective requirements of the Subdivision Map Act (Division 2 (commencing with Section 66410)), except as otherwise expressly provided in this Section.
(b) Flag Lots. The access corridor of a flag lot parcel shall be in fee as part of the parcel and shall be of a minimum width of twelve (12) feet and a maximum width of fifteen (15) feet and be entirely paved with either concrete or pavers, consistent with the Fire Code as determined by the Fire Chief.
(c) Lot Lines. The side lines of all parcels, so far as possible, shall be at right angles to streets or radial or approximately radial to curved streets and to center points of cul-de-sac turning circles. (d) Minimum Lot Size. Each new parcel shall be approximately equal in lot area; provided, that one (1) parcel shall not be smaller than forty percent (40%) of the lot area of the original parcel proposed for subdivision. In no event shall a new parcel be less than one thousand two hundred (1,200) square fe
et in lot area.
37 Ordinance No.

(e) Minimum Lot Width. Each new parcel shall maintain a minimum lot width of thirty (30) feet.

The calculation of lot width for a flag lot shall exclude the access corridor. (f) Minimum Public Frontage. Each new parcel shall have frontage upon a street dedicated as a public street with a minimum frontage dimension of thirty (30) feet, except for flag lots which shall have a minimum frontage dimension of twelve (12) feet. (g) Number of Lots. The parcel map to subdivide an existing parcel shall create no more than two (2) new parcels.
(h) Utilities. Parcels created through an urban lot split shall provide for separate utilities. (i) Accessory Dwelling Unit. Accessory dwelling units and junior accessory dwelling units shall not be permitted on parcels resulting from an urban lot split created under the authority contained within this Section if the project involves approval of both a two-unit development under the authority contained in Chapter 13-36 and approval of an urban lot split under the authority contained within this Section. Parcels created through an urban lot split which have the effect of separating an existing accessory dwelling unit from the primary dwelling shall submit concurrently for a new SB 9 primary dwelling unit on the parcel containing only an accessory dwelling unit. (Ord. 540 § 3, 2022) Sec. 10-2.905 General Requirements and Restrictions.

The following requirements and restrictions apply to all proposed urban lot splits allowed by this Chapter:
(a) Adjacent Parcels. Neither the owner of the parcel being subdivided nor any person acting in concert with the owner has previously conducted an urban lot split to create an adjacent parcel as provided for in this Chapter.
(b) Dedication and Easements. The Community Development Department shall not require dedications of rights-of-way nor the construction of off-site improvements; however, it may require recording of easements necessary for the provision of public services and facilities. (c) Existing Structures. Existing structures, or structures constructed in the same location and to the same dimensions as an existing structure, located on a parcel subject to an urban lot split shall not be subject to a setback requirement. However, any such existing structures shall not be located across the shared property line resulting from an urban lot split, unless the structure is converted to an attached townhome so long as the structures comply with applicable building codes and are sufficient to allow separate conveyance. All other existing structures shall be modified, demolished, or relocated prior to recordation of a parcel map. (d) Intent to Occupy. The owner shall sign and record an affidavit provided by the Community Development Director placing a covenant that will run with the parcel attesting that the applicant intends to occupy one of the newly created parcels as their principal residence for a minimum of three (3) years from the date of the approval of the urban lot split. The affidavit shall be recorded on the title of the parcel concurrently with recordation of the parcel map. This requirement shall not apply to an applicant that is “community land trust,” as defined in clause (ii) of subparagraph 38 Ordinance No.

(C) of paragraph (11) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code, or a “qualified nonprofit corporation” as described in Section 214.15 of the Revenue and Taxation Code.
(e) Nonconforming Conditions. The City shall not require, as a condition of approval, the correction of nonconforming zoning conditions. However, no new nonconforming conditions may result from the urban lot split other than as specified by subsection (c) of this Section. (f) Number of Remaining Units. No parcel created through an urban lot split shall be allowed to include more than two (2) existing dwelling units as defined by Government Code Section 66411.7(j)(2). Any excess dwelling units that do not meet these requirements shall be relocated, demolished, or otherwise removed prior to approval of a parcel map. (g) Prior Subdivision. A parcel created through a prior urban lot split may not be further subdivided under the provisions of this Chapter. The subdivider shall sign a covenant provided by the Community Development Director documenting this restriction. The convent shall be recorded on the title of each parcel concurrent with recordation of the parcel map. (h) Restrictions on Demolition. The proposed urban lot split shall not require the demolition or alteration involving removal of more than twenty-five percent (25%) of the existing exterior structural walls of any of the following types of housing:
(1) Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income; (2) Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power;
(3) Housing that has been occupied by a tenant in the last three (3) years. (i) Stormwater Management. The subdivision shall comply with the requirements of the City’s National Pollution Discharge Elimination System (NPDES) Permit as implemented by Section 5-

8.050 and as demonstrated by a grading and drainage plan prepared by a registered civil engineer. (Ord. 540 § 3, 2022)
Sec. 10-2.906 Approval Process.

Applications for urban lot splits shall be submitted and processed in compliance with the following requirements:
(a) Application Type. An urban lot split shall be submitted to the Community Development Department as a ministerial application for a tentative parcel map. (b) Application Filing. An application for a parcel map for an urban lot split, including the required application materials and filing fee, shall be filed with the Community Development Department in compliance with Section 10-2.501 (Form and Content of Par cel Map).
(c) Referral. The Community Development Director shall refer the parcel map application to the Public Works Director, Fire Chief, and utility agencies for review prior to recordation. 39 Ordinance No.

(d) Denial. The Community Development Director may deny an urban lot split only if the building official makes a written finding, based upon a preponderance of the evidence, that a proposed housing development located on the proposed new parcels would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Government Code Section 65589.5, upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. (e) Appeals. A decision of the Community Development Director on a parcel map for an urban lot split is a ministerial action and not appealable. (Ord. 540 § 3, 2022) Chapter 13-6. Residential Districts
Sec. 13-6.100 Specific Purposes.

1. In addition to the general purposes listed in Section13-5.100, the specific purposes of the residential districts are to:

A. Reserve appropriately located areas for family living at a reasonable range of population densities consistent with the General Plan and sound standards of public health and safety.

B. Ensure adequate light, air, privacy, and yard/open space for each dwelling unit and protect residents from public safety hazards and other harmful environmental effects.

C. Preserve as many of the desirable characteristics of single-family residential districts as possible while allowing for associated residential uses such as daycare, rooming and boarding, home occupations, second residential units to the extent that substantial adverse impacts are not caused to adjacent residences.

D. Promote safe and well-designed neighborhoods and encourage new residential development to have an internal circulation system, including pedestrian walkways, bikeways, and access to transit facilities. Ensure provision of public services and facilities to support existing and planned residential densities.

E. Reserve appropriate areas for multifamily dwellings that may be located and designed to be compatible with adjacent land uses and residences.

F. Encourage development of innovative types of housing, including co-housing, congregate care facilities, and other types of housing that may provide low cost alternatives to typical market-rate housing.

G. Encourage provision of affordable housing units, especially for single persons, single parents, elderly and young families. Provide well-designed, well-built housing units for low- and moderate-income households in mixed-density developments, including planned developments (PDs), avoiding a concentration in any limited area.

H. Provide additional affordable senior citizen housing. Encourage provision of senior housing by considering density bonuses up to General Plan maximum where senior projects are desirable and compatible with special senior needs. 40 Ordinance No.

I. Allow for public and quasi-public land uses to complement residential development within close access such as schools, churches and daycare facilities; provided, that substantial adverse impacts such as traffic congestion, increased noise (ambient or episodic) or full use of available on-street parking, or other similar impacts are not caused on nearby residences.

2. The additional purposes of each residential zoning district are:

A. RS-E Residential Single-Family Estate. To provide sites for estate homes on larger lots to be developed with custom built and individually designed homes with a gross density of 1 or 2 units per acre and a minimum parcel size of one-half acre. Specific densities are assigned on the Zoning Map.

B. RS-L Residential Single-Family Low Density. To provide areas for single-family housing on smaller lots that will generally be developed as part of a larger planned subdivision where a limited number of models of varied exterior designs are built in a random pattern on individual lots with a gross density of 2 to 7 units per acre and a minimum parcel size of 6,000 square feet unless a smaller lot size is allowed by an approved planned development (PD).

C. RM-L Residential Multifamily Low Density. To provide sites for low density multifamily housing such as townhouses, condominiums and apartments, and medium density single- family housing that incorporate good design and amenities with a gross density up to 12 units per acre (midrange density of 9 units per acre). The minimum parcel size for multifamily housing is 3 acres. The minimum lot size for single-family housing is 4,000 square feet unless a smaller lot size is allowed by an approved planned development (PD).

D. RM-M Residential Multifamily Medium Density. To provide sites for medium density multifamily housing such as townhouses, condominiums and apartments that incorporate good design and amenities with a gross density of 12 to 30 units per acre (midrange density of 20 units per acre) and a minimum parcel size of 5 acres.

E. RM-H Residential Multifamily High Density. To provide sites for high density multifamily housing, typically located near public transit centers, adequate streets, shopping centers or other high activity areas and that incorporate good design and amenities with a gross density of 30 to 55 units per acre (midrange density of 42 units per acre) and a minimum parcel size of 15 acres. [Ord. 515 § 2, 2018; ZO § 6.100.] Sec. 13-6.200 Review of Plans and General Conditions.

Plans for all new and expanded development and uses shall be submitted to the Community Development Director as per Section 13-40.300. The following general conditions shall apply to all areas designated for residential use within this Chapter.

1. All new and expanded residential development shall apply for an administrative or conditional use permit. Administrative use permit review of new single-family homes, additions and remodels shall be limited to conformance with development regulations specified or referenced within this Chapter.
41 Ordinance No.

2. All new and expanded development except for additions and remodels shall also be subject to Chapter 13-42, Design Review.

3. Major residential subdivisions and multifamily projects of 10 units or more shall require a planned development plan as per Chapter 13-48. [Ord. 515 § 2, 2018; ZO § 6.200.] Sec. 13-6.300 Performance Standards.

The standard performance standards for development specified in Chapter 13-31 shall be met. In addition, the following specific performance standards shall be met:

1. Residential streets shall be designed in relation to the needed capacity and the adjoining housing patterns while discouraging through traffic on local streets.

2. Existing residential structures of architectural or historic significance are to be restored and maintained.

3. New residential areas shall be designed to avoid conflict with major streets or thoroughfares, and should provide access to transit facilities to encourage safe and convenient alternatives to the private auto.

4. Multifamily residential land shall be developed with a balance of open space, landscaping, and recreational amenities and should be easily accessible to commercial and recreational areas and public transportation.

5. Upon reinstitution of the inclusionary housing ordinance, new residential development shall include a minimum 10 percent of the total number of units for affordable housing. No in-lieu fees will be accepted by the City unless the developer can establish extraordinary circumstances for not providing affordable housing or unless an agreement predating the adoption of the 1996 General Plan Amendment provides otherwise.

A density bonus up to 35 percent over the maximum General Plan designation may be provided, along with the waiver of fees and the relaxation of development standards, in exchange for low income or senior housing provided, as per Section 65915 of the California Government Code and Sections 13-30.420 through 13-30.470 (Residential Density Bonus). In order to encourage the development of lower income housing units, the waiver of fees and the relaxation of development standards may be considered by the City in return for commitments to provide lower income housing.

6. Affordable senior housing projects with density bonuses up to General Plan maximum are allowed where desirable and compatible with special senior needs. Such projects shall only be allowed where the size of the structure and style of architecture are compatible with the surrounding neighborhood.

7. The use of solar systems, both active and passive designs, is encouraged in new residential development. [Ord. 515 § 2, 2018; Ord. 484 § 13, 2015; ZO § 6.300.] 42 Ordinance No.

Sec. 13-6.400 Land Use Regulations.

All new and expanded development and uses that are allowed in the residential zoning districts are identified in Table 13-6.1. The following uses may be permitted in the designated residential zoning districts subject to compliance with Chapter 13-49 and approval by the Community Development Director. Use permits, administrative or conditional, are required for all new and expanded residential development.

Single story detached accessory structures under 8 feet tall and 120 square feet total area for the site are exempt from use permit requirements in the (RS-E, RS-L and RM-L) districts. Minor utilities such as public street lighting and traffic signals, electrical distribution lines, telephone lines, cable lines, and underground water, sewer and drainage mains and pipes that are necessary to support legally established uses are exempt from use permit requirements in all residential districts. [Ord. 515 § 2, 2018; ZO § 6.400.]
Sec. 13-6.500 Property Development Regulations.

The development regulations presented in Table 13-6.2 establish basic site and design requirements for residential zoning districts. All regulation standards are minimum amounts unless otherwise stated
Table 13-6.1 Land Use Regulations: Residential District RS-E RS-L RM-L RM-M RM-H See Also
Residential
Single-Family Home A A C C —
Duet (Single-Family Attached) — — A A —
Duplex — — A A —
Multifamily Dwelling — — C C C
Townhouse/Condominium — — C C C
Two-Unit Development P P — — — Section 13-36
Mobile Home A A A A —
Accessory Uses and Structures A(1) A(1) A(1) A A Section 13-

35.210
43 Ordinance No.

Table 13-6.1 Land Use Regulations: Residential District RS-E RS-L RM-L RM-M RM-H See Also
Rooming and Boarding Houses (4
or less people)
A A A C —
Rooming and Boarding Houses (5
or more people)
— — C C —
Small Family Daycare Homes (6 or
less children)
A A A A A Section 13-

35.260
Large Family Daycare Homes (7 to
14 children)
A A A A A Section 13-

35.260
Accessory Dwelling Unit P P P P P Section 13-

35.320
Senior Housing C C C C C
Emergency Shelter — — — — —
Single-Room Occupancy Units — — — — —
Supportive Housing (Apartment
Type)
— — C C C
Supportive Housing (Residential
Care Facility Small Type)
A A A A —
Supportive Housing (Residential
Care Facility Large Type)
— — — C C
Residential Care Facility (6 or fewer
residents)
A A A A —
Residential Care Facility (7+
residents)
— — — C C
Transitional Housing (Apartment
Type)
— — C C C
44 Ordinance No.

Table 13-6.1 Land Use Regulations: Residential District RS-E RS-L RM-L RM-M RM-H See Also
Transitional Housing (Residential
Care Facility Small Type)
A A A A —
Transitional Housing (Residential
Care Facility Large Type)
— — — C C
Commercial Uses
Home Occupation A A A A A
Bed and Breakfast Inns C C C C —
Public and Quasi-Public Uses
Clubs and Lodges — — C C C
Libraries, Museums and Galleries — — C C C
Park and Recreation Facilities A A A A A
Public Safety Facilities A A A A A
Religious Assembly C C C C C
Schools, Public or Private C C C C —
Utility Facilities C C C C —
Key to Land Use Regulations
P Permitted Use
A Administrative Use Permit Required
C Conditional Use Permit Required
45 Ordinance No.

Table 13-6.1 Land Use Regulations: Residential District RS-E RS-L RM-L RM-M RM-H See Also
DR Design Review Required
— Use Not Allowed
(1)Single story detached accessory structures under 120 square feet total on site are exempt from use permit requirements.

Table 13-6.2 Property Development Regulations: Residential District RS-E RS-L RM-L RM-M RM-H See Also
Site Area (acres) — — 3 5 15
Density (Units/Acre)
Range 1 to 2(1) 2 to 7 up to 12 12 to 30 30 to 55
Midrange — — 9 20 42
Lot Size (sq ft) 1/2
acre(1)
6,000(2) 3,000(2, 3) 3,000(2) 3,000(2)
Lot Frontage (ft) 45 30 [200 for multifamily, 30 for
other]
Lot Depth (ft) 200(4) 100 [200 for multifamily, 80 for
other]
Lot Width (ft) 100 60(5) [200 for multifamily, 35(5) for other]
Setbacks
Front (ft) 20 20 15 15 15
Rear (ft) 25 15 15 15 15
Side (ft) 15 5 15(6) 15(6) 15(6)
46 Ordinance No.

Table 13-6.2 Property Development Regulations: Residential District RS-E RS-L RM-L RM-M RM-H See Also
Corner Side (ft) 20 15 15 15 15
Maximum Site Coverage 20% 50% 60% 60% 60%
Usable Open Space Per
Dwelling Unit (sq ft)
— — 1,000 300 300 Section 13-30.800
Building Height (ft) 35 35 45(7) 60 90
Parking Chapter 13-32
Key to Land Use Regulations
(1) Maximum density and minimum lot size as designated on zoning map for 1 or 2 units per acre density and corresponding 1 acre or 0.5 acre minimum lot size. (2) Minimum lot size unless a smaller lot size is allowed by an approved planned development plan. (3) Minimum lot size for single-family housing is 4,000 square feet unless a smaller lot size is allowed by an approved planned development plan.
(4) Minimum lot depth unless area is designated for 2 units per acre, then 150-foot minimum depth applies.
(5) Minimum lot width for corner lots, add 10 feet.
(6) Minimum side setback unless smaller setback is allowed by an approved planned development plan.
(7) Maximum height for single-family housing and duets/duplexes is 35 feet.

Chapter 13-15. PC-R Planned Commercial Residential Mixed-Use District Sec. 13-15.100 Specific Purposes.

In addition to the general purposes listed in Section 13-5.100, the specific purposes of the PC-R planned commercial residential mixed-use district are to:
47 Ordinance No.

1. Provide the opportunity to accommodate both residential and commercial uses in a well planned mixed-use development.

2. Provide the opportunity for an integrated mixture of residential and commercial employment generating uses within the same structure or site.

3. Allow lower cost live-work opportunities for start-up commercial enterprises and other smaller scale point of sale enterprises that are compatible with the residential and commercial uses within the building or site.

4. Provide the opportunity for upper floor residential over ground floor commercial uses.

5. Encourage mixed-use development that could minimize vehicle use. [Ord. 515 § 2, 2018; Ord. 451 § 2 (Exh. B), 2009; ZO § 15.100.]
Sec. 13-15.200 Review of Plans and General Conditions.

Plans for all new and expanded development and uses shall be submitted to the Community Development Director as per Section 13-40.300. The following general conditions shall apply to all areas designated PC-R Planned Commercial Residential.

1. All new and expanded development shall be subject to Chapter 13-42, Design Review and Chapter 13-48, Planned Development.

2. All new and expanded uses shall be consistent with an adopted planned development plan for the property and shall require an administrative or conditional use permit. Subdivision or partial development of any properties within this district shall not be approved until a planned development plan for full development of the property has been reviewed and approved.

3. Commercial structures and uses are to be located and designed as a unified development, which may resemble a shopping center, a shopping mall, or a traditional downtown shopping street (“Main Street”).

4. Development is to be carefully planned to insure that benefits of mixed-use development are fully realized and the potential negative impacts of one use on another are minimized.

5. As an incentive to develop commercial and residential uses within the same building or site, the allowed residential development density of 40 units per acre may be added to the allowed nonresidential density of 0.20 to 4.0 FAR.
48 Ordinance No.

6. A mixed-use commercial and residential development is to provide a balance of open space, landscaping, recreation, and transit access.

7. Adequate parking shall be provided on site that takes into account the different peak parking demand periods of residential and employment activities.

8. The facility should be designed to use parking areas, garages and landscaping as buffers for noise, light and glare. [Ord. 515 § 2, 2018; Ord. 451 § 2 (Exh. B), 2009; ZO § 15.200.] Sec. 13-15.300 Performance Standards.

The standard performance standards for development specified in Chapter 13-31 shall be met. In addition, the following specific performance standards shall be met:

1. Live-Work Area. A minimum of 600 square feet of living area including bathroom, kitchen and sleeping area is to be provided within each live-work unit.

2. Usable Open Space. A minimum of 50 square feet of private or common usable open space shall be provided for every live-work unit. A minimum of 100 square feet of private or common usable open space shall be provided for every residential unit. This may be provided on outdoor landscaped areas open to private or common access, or as decks, balconies, porches, recreation facilities, or rooftop open space. The open spaces shall be designed and oriented to minimize wind exposure and maximize sun exposure.

3. Ventilation. Live-work units are to have an adequate ventilation system to serve the range of uses that could be allowed. Each live-work unit is to have at least 1 standard size window that can be opened to the outside.

4. Noise Insulation. Residential and live-work units are to have adequate noise insulation and are to attenuate noise levels to 50 dBA or better within the living area of the unit from the noise levels generated by the range of uses that could be allowed in adjacent units and buildings.

5. Light and Glare. Night lighting shall be located and designed to minimize glare on the residential uses within and adjacent to the site. [Ord. 515 § 2, 2018; Ord. 451 § 2 (Exh. B), 2009; ZO § 15.300.]
Sec. 13-15.400 Land Use Regulations.

All new and expanded development and uses that are allowed in PC-R planned commercial residential mixed-use district are identified in Table 13-15.1. These uses may be subject to compliance with Chapter 13-49 and approval by the Community Development Director. 49 Ordinance No.

Other uses of a commercial nature that can benefit from a live-work arrangement, or that can be shown to be compatible with the commercial and residential uses, and commercial uses that provide needed goods and services to nearby residential uses and that can be shown to be compatible with the residential uses in close proximity, or contribute to creating a functional residential neighborhood that has convenient access to commercial facilities, may be allowed pending approval of a conditional use permit. [Ord. 515 § 2, 2018; Ord. 451 § 2 (Exh. B), 2009; ZO § 15.400.]
Sec. 13-15.500 Property Development Regulations.

The property development regulations presented in Table 13-15.2 establish basic site and design requirements for the in PC-R planned commercial residential mixed-use district. All regulation standards are minimum amounts unless otherwise stated.

Table 13-15.1 Land Use Regulations: PC-R Planned Commercial Residential Mixed-Use District
PC-R See Also
Commercial Uses
Home Occupation A
Recreation and Entertainment C
Retail Sales
Outdoor Sales C
Retail Stores
2,000 sq ft or less A
More than 2,000 sq ft C
Restaurants and Delicatessens A
With Liquor Service C
Shopping Centers C
Services and Offices
Athletic Clubs C
Business Services A
50 Ordinance No.

Table 13-15.1 Land Use Regulations: PC-R Planned Commercial Residential Mixed-Use District
PC-R See Also
Hotel C
Offices and Banks A
Personal Services A
Residential Uses
Accessory Dwelling Unit A P Section 13-35.320
Caretaker, Manager and Employee Housing A
Small Family Daycare Home (8 or less children) A Section 13-35.260 Large Family Daycare Homes (7 to 14 children) A Section 13-35.260 Live-Work Units A
Multifamily Dwellings A
Townhouse/Condominiums A
Planned Unit Development A
Supportive Housing (Apartment Type) A
Transitional Housing (Apartment Type) A
Public and Quasi-Public Uses
Daycare Facilities (for employees and visitors) A
Government Offices A
Libraries, Museums and Galleries A
Public Safety Facilities A
Urgent Medical Care C
Utility Facilities C
51 Ordinance No.

Table 13-15.1 Land Use Regulations: PC-R Planned Commercial Residential Mixed-Use District
PC-R See Also
Accessory Uses and Structures A(1)
Key to Land Use Regulations
P Permitted Use
A Administrative Use Permit Required
C Conditional Use Permit Required
(1)Facility or use is directly related to the primary use of site.

Table 13-15.2 Property Development Regulations: PC-R Planned Commercial Residential Mixed-Use District
PC-R See Also
Site Area (sf) —
Density (FAR)(1)
Range 0.20 to 4.0
Typical 2.0
Density (du/ac) 40(5)
Lot Size (sq ft) (PDP)
Lot Frontage (ft) (PDP)
Lot Depth (ft) (PDP)
Setbacks
Front (ft) 10(2)
Rear (ft) 10(2)
Side (ft) 0(2)
52 Ordinance No.

Table 13-15.2 Property Development Regulations: PC-R Planned Commercial Residential Mixed-Use District
PC-R See Also
Corner Side (ft) 10(2)
Maximum Site Coverage (PDP)
Landscaping Minimum 10%
Usable Open Space (sq ft/unit) 50/100(3) Section 13-15.300 Building Height (ft) 40/50/65(4)
Parking (PDP) Chapter 13-32
Signage (PDP) Chapter 13-34
Key to Land Use Regulations
(1) FAR does not apply to residential development.
(2) Lesser setbacks may be accepted in an approved planned development plan. (3) 50 square feet/unit for live-work, 100 square feet/unit for residential. (4) 50 feet height allowed for combined commercial and residential uses within a structure; for major frontages along Sycamore Avenue and San Pablo Avenue, a maximum height of 65 feet is allowed only if approved in a PDP adopted pursuant to Chapter 13-48.
(5) A maximum density of 80 units per acre is permitted for the Town Centrale project on Sycamore Avenue as an approved planned development plan. (PDP) As per an approved planned development plan.
[Ord. 515 § 2, 2018; Ord. 506 § 5, 2018; Ord. 484 § 6, 2015; Ord. 472 § 1 (Att. 1), 2012; Ord. 451 § 2 (Exh. B), 2009; ZO § 15.500.]
SECTION 4. SEVERABILITY.If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid, such decisions shall not affect the validity of the remaining portions of this Ordinance. The Council hereby declares that it would have adopted the Ordinance, and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be deleted. 53 Ordinance No.

SECTION 5. EFFECTIVE DATE AND PUBLICATION.The City Clerk shall certify to the adoption of this Ordinance and shall publish or post the Ordinance as required by law. This Ordinance shall be effective thirty (30) days from date of final adoption.

THE FOREGOING ORDINANCEwas first read at a regular meeting of the Hercules City Council on the 10th day of January 2023, and was passed and adopted at a regular meeting of the Hercules City Council on the ____ day of 2023, by the following vo te:

AYES:

NOES:

ABSENT:

ABSTAIN:

Alexander Walker-Griffin, Mayor
Eibleis Melendez
Acting City Clerk
54 STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

DIVISION OF HOUSING POLICY DEVELOPMENT
2020 W. El Camino Avenue, Suite 500
Sacramento, CA 95833
(916) 263-2911 / FAX (916) 263-7453
www.hcd.ca.gov

September 30, 2022

Timothy Rood, Community Development Director
Community Development Department
City of Hercules
111 Civic Drive
Hercules, CA 94547

Dear Timothy Rood:

RE: Review of Hercules’s Accessory Dwelling Unit (ADU) Ordinance under State ADU Law (Gov. Code, § 65852.2)

Thank you for submitting the City of Hercules accessory dwelling unit (ADU) Ordinance No. 531 (Ordinance), adopted February 09, 2021, to the California Department of Housing and Community Development (HCD). The Ordinance was received on September 07, 2022. HCD has reviewed the Ordinance and submits this written finding pursuant to Government Code section 65852.2, subdivision (h). HCD finds that the Ordinance does not comply with section 65852.2 in the manner noted below. Under that statute, the City has up to 30 days to respond to this finding. Accordingly, the City must provide a written response to these findings no later than October 30, 2022.

The Ordinance addresses many statutory requirements; however, HCD finds that the Ordinance does not comply with State ADU Law in the following respect:

x Sec. 13-35.320 (5)(A)(1), (10)(A)(1) and (10)(A)(2) – ADU and JADU building permissions – The Ordinance states in multiple places, “Only one ADU Within Existing Space or one JADU Within Existing Space is allowed per lot….” This reflects outdated language. Currently, Government Code section 65852.2, subdivision (e)(1) requires that “…a local agency shall ministerially approve an application for a building permit within a residential or mixed-use zone to create… One accessory dwelling unit and one junior accessory dwelling unit per lot with a proposed or existing single-family dwelling….” Therefore, the City must change such uses of the word “or” to “and”.

In response to the finding in this letter, and pursuant to Government Code section 65852.2, subdivision (h)(2)(B), the City must either amend the Ordinance to comply with State ADU Law or adopt the Ordinance without changes. Should the City choose to adopt the Ordinance without the changes specified by HCD, the City must include 55 Timothy Rood, Community Development Director

findings in its resolution that explain the reasons the City finds that the Ordinance complies with State ADU Law despite the findings made by HCD. Accordingly, the City’s response should provide a plan and timeline to bring the Ordinance into compliance.

Please note that, pursuant to Government Code section 65852.2, subdivision (h)(3)(A), if the City of Hercules fails to take either course of action and bring the Ordinance into compliance with State ADU Law, HCD may notify the City of Hercules and the California Office of the Attorney General that the City is in violation of State ADU Law.

HCD appreciates the City’s efforts in the preparation and adoption of the Ordinance and welcomes the opportunity to assist the City in fully complying with State ADU Law.

Please feel free to contact Nick Green, of our staff, at (916) 841-6665 or at [email protected].

Sincerely,

Shannan West
Housing Accountability Unit Chief
Housing Policy Development Division
56 California Department of Housing and Community Development SB 9 Fact Sheet
On the Implementation of Senate Bill 9 (Chapter 162, Statutes of 2021)
Housing Policy Development Division
March 2022

57 California Department of Housing and Community Development – SB 9 Fact Sheet 1 This Fact Sheet is for informational purposes only and is not intended to implement or interpret SB 9. HCD does not have authority to enforce SB 9, although violations of SB 9 may concurrently violate other housin g laws where HCD does have enforcement authority, including but not limited to the laws addressed in this document. As local jurisdictions implement SB 9, including adopting local ordinances, it is important to keep these and other housing laws in mind. The Attorney General may also take independent action to enforce SB 9. For a full list of statutes over which HCD has enforcement authority, visit HCD’s Accountability and Enforcement webpage.

Executive Summary of SB 9
Senate Bill (SB) 9 (Chapter 162, Statutes of 2021) requires min isterial approval of a housing development with no more than two primary units in a si ngle-family zone, the subdivision of a parcel in a single-family zone into two parcel s, or both. SB 9 facilitates the creation of up to four housing units in the lot area typically used for one single-family home. SB 9 contains eligibility criteria addressing environment al site constraints (e.g., wetlands, wildfire risk, etc.), ant i-displacement measures for renters and low-income households, and the protection of historic structures and distr icts. Key provisions of the law require a local agency to modify or eliminate objective dev elopment standards on a project-by-project basis if they would prevent an otherwise eli gible lot from being split or prevent the construction of up to two units at least 800 square feet in size. For the purposes of this document, the terms “unit,” “housing unit,” “residential unit,” and “housing development” mean primary unit(s) unless specifically identified as an accessory dwelling unit (ADU) or junior ADU or otherwise defined.

Single-Family Residential Zones Only
(Reference: Gov. Code, §§ 65852.21, subd. (a); 66411.7 subd. (a)(3)(A)) The parcel that will contain the proposed housing development o r that will be subject to the lot split must be located in a single-family residential zo ne. Parcels located in multi- family residential, commercial, agricultural, mixed-use zones, etc., are not subject to SB 9 mandates even if they allow single-family residential uses as a permitted use. While some zones are readily identifiable as single-family residentia l zones (e.g., R-1 “Single- Family Residential”), others may not be so obvious. Some local agencies have multiple single-family zones with subtle distinctions between them relating to minimum lot sizes or allowable uses. In communities where there may be more than one single-family residential zone, the local agency should carefully review the zone district descriptions in the zoning code and the land use designation descriptions in th e Land Use Element of the General Plan. This review will enable the local agency to identify zones whose primary purpose is single-family residential uses and which are therefo re subject to SB 9.

Considerations such as minimum lot sizes, natural features such as hillsides, or the permissibility of keeping horses should not factor into the determination.

58 California Department of Housing and Community Development – SB 9 Fact Sheet 2 Residential Uses Only
(Reference: Gov. Code, §§ 65852.21, subd. (a))
SB 9 concerns only proposed housing developments containing no more than two residential units (i.e., one or two). The law does not otherwise change the allowable land uses in the local agency’s single-family residential zone(s). F or example, if the local agency’s single-family zone(s) does not currently allow commercial uses such as hotels or restaurants, SB 9 would not allow such uses.

Ministerial Review
(Reference: Gov. Code, §§ 65852.21, subd. (a); 66411.7, subds. (a), (b)(1)) An application made under SB 9 must be considered ministerially , without discretionary review or a hearing. Ministerial review means a process for dev elopment approval involving no personal judgment by the public official as to the wisdom of carrying out the project. The public official merely ensures that the proposed d evelopment meets all the applicable objective standards for the proposed action but uses no special discretion or judgment in reaching a decision. A ministerial review is nearly a l w a y s a “ s t a f f - l e v e l review.” This means that a staff person at the local agency reviews the application, often using a checklist, and compares the application materials (e.g. , site plan, project description, etc.) with the objective development standards, ob jective subdivision standards, and objective design standards.

Objective Standards
(Reference: Gov. Code, §§ 65852.21, subd. (b); 66411.7, subd. (c)) The local agency may apply objective development standards (e.g ., front setbacks and heights), objective subdivision standards (e.g., minimum lot depths), and objective design standards (e.g., roof pitch, eave projections, façade materials, etc.) as long as they would not physically preclude either of the following:

Up to Two Primary Units. The local agency must allow up to two primary units (i.e., one or two) on the subject parcel or, in the case of a lot split, up to two primary units on each of the resulting parcels.

Units at least 800 square feet in size. The local agency must allow each primary unit to be at least 800 square feet in size.

The terms “objective zoning standards,” “objective subdivision standards,” and “objective design review standards” mean standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the devel opment applicant or proponent and the public official prior to submittal. Any objec tive standard that would physically preclude either or both of the two objectives noted above must be modified or 59 California Department of Housing and Community Development – SB 9 Fact Sheet 3 waived by the local agency in order to facilitate the developme nt of the project, with the following two exceptions:

Setbacks for Existing Structures . The local agency may not require a setback for an existing structure or for a structure constructed in the same location and to the same dimensions as an existing structure (i.e., a building reconstructed on the same footprint).

Four-Foot Side and Rear Setbacks . SB 9 establishes an across-the-board maximum four-foot side and rear setbacks. The local agency may choose to apply a lesser setback (e.g., 0-4 feet), but it cannot apply a setbac k greater than four feet. The local agency cannot apply existing side and rear setb acks applicable in the single-family residential zone(s). Additionally, the four-f oot side and rear setback standards are not subject to modification. (Gov. Code, §§ 65852.21, subd. (b)(2)(B); 66411.7, subdivision (c)(3).)
One-Unit Development
(Reference: Gov. Code, §§ 65852.21, subd. (a); 65852.21, subd. (b)(2)(A)) SB 9 requires the ministerial approval of either one or two res idential units. Government Code section 65852.21 indicates that the development of just one single-family home was indeed contemplated and expected. For example, the terms “no more than two residential units” and “up to two units” appear in the first line of the housing development-related portion of SB 9 (Gov. Code, § 65852.21, subd. (a)) and in the line obligating local agencies to modify development standards to facilitate a housing development. (Gov. Code, § 65852.21, subd. (b)(2)(A).)
Findings of Denial
(Reference: Gov. Code, §§ 65852.21, subd. (d); 66411.7, subd. (d)) SB 9 establishes a high threshold for the denial of a proposed housing development or lot split. Specifically, a local agency’s building official must make a written finding, based upon a preponderance of the evidence, that the proposed housing development would have a specific, adverse impact, as defined in Government Code section 65589.5, subdivision (d)(2), upon public health and safety or the physic al environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. “Specific, adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written publ ic health or safety standards, policies, or conditions as they existed on the date the application was deemed complete. (Gov. Code, § 65589.5, subd. (d)(2).)

60 California Department of Housing and Community Development – SB 9 Fact Sheet 4 Environmental Site Constraints
(Reference: Gov. Code, §§ 65852.21, subd. (a)(2) and (a)(6); 66411.7, subd. (a)(3)(C) and (a)(3)(E)) A proposed housing development or lot split is not eligible und er SB 9 if the parcel contains any of the site conditions listed in Government Code s ection 65913.4, subdivision (a)(6)(B-K). Examples of conditions that may disqua lify a project from using SB 9 include the presence of farmland, wetlands, fire hazard areas, earthquake hazard areas, flood risk areas, conservation areas, wildlife habitat a reas, or conservation easements. SB 9 incorporates by reference these environmental s ite constraint categories that were established with the passing of the Streamlined Ministerial Approval Process (SB 35, Chapter 366, Statutes of 2017). Local agencies may consult HCD’s Streamlined Ministerial Approval Process Guidelines for additional detail on how to interpret these environmental site constraints.

Additionally, a project is not eligible under SB 9 if it is located in a historic district or property included on the State Historic Resources Inventory or within a site that is designated or listed as a city or county landmark or as a historic property or district pursuant to a city or county ordinance.

California Environmental Quality Act (CEQA)
Reference: Gov. Code, §§ 65852.21, subd. (j); 66411.7, subd. (n)) Because the approval of a qualifying project under SB 9 is deem ed a ministerial action, CEQA does not apply to the decision to grant an application for a housing development or a lot split, or both. (Pub. Resources Code, § 21080, subd. (b)(1) [CEQA does not apply to ministerial actions]; CEQA Guidelines, § 15268.) For this reason, a local agency must not require an applicant to perform environmental impact analys is under CEQA for applications made under SB 9. Additionally, if a local agency chooses to adopt a local ordinance to implement SB 9 (instead of implementing the law di rectly from statute), the preparation and adoption of the ordinance is not considered a p roject under CEQA. In other words, the preparation and adoption of the ordinance is s tatutorily exempt from CEQA.

Anti-Displacement Measures
(Reference: Gov. Code, §§ 65852.21, subd. (a)(3); 66411.7, subd. (a)(3)(D)) A site is not eligible for a proposed housing development or lo t split if the project would require demolition or alteration of any of the following types of housing: (1) housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income; ( 2) housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power; or (3) housing that has been occupied by a tenant in the last three years. 61 California Department of Housing and Community Development – SB 9 Fact Sheet 5 Lot Split Requirements
(Reference: Gov. Code, § 66411.7)
SB 9 does not require a local agency to approve a parcel map th at would result in the creation of more than two lots and more than two units on a lot resulting from a lot split under Government Code section 66411.7. A local agency may choose to allow more than two units, but it is not required to under the law. A parcel ma y only be subdivided once under Government Code section 66411.7. This provision prevents an applicant from pursuing multiple lot splits over time for the purpose of creating more than two lots. SB 9 also does not require a local agency to approve a lot split if an adjacent lot has been subject to a lot split in the past by the same property owner or a person working in concert with that same property owner.

Accessory Dwelling Units
(Reference: Gov. Code, §§ 65852.21, subd. (j); 66411.7, subd. (f)) SB 9 and ADU Law (Gov. Code, §§ 65852.2 and 65858.22) are complementary. The requirements of each can be implemented in ways that result in developments with both “SB 9 Units” and ADUs. However, specific provisions of SB 9 typically overlap with State ADU Law only to a limited extent on a relatively small number o f topics. Treating the provisions of these two laws as identical or substantially similar may lead a local agency to implement the laws in an overly restrictive or otherwise inaccurate way. “Units” Defined. The three types of housing units that are described in SB 9 and related ADU Law are presented below to clarify which development scenar ios are (and are not) made possible by SB 9. The definitions provided are intended to be read within the context of this document and for the narrow purpose of implementing SB 9.

Primary Unit. A primary unit (also called a residential dwelling unit or re sidential unit) is typically a single-family residence or a residential u nit within a multi-family residential development. A primary unit is distinct from an ADU or a Junior ADU.

Examples of primary units include a single-family residence (i.e., one primary unit), a duplex (i.e., two primary units), a four-plex (i.e., four primary units), etc.

Accessory Dwelling Unit. An ADU is an attached or a detached residential dwelling unit that provides complete independent living facilities for o ne or more persons and is located on a lot with a proposed or existing primary res idence. It includes permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel on which the single-family or multifamily dwelling is or will be situated.

Junior Accessory Dwelling Unit . A Junior ADU is a unit that is no more than 500 square feet in size and contained entirely within a single-family residence. A Junior ADU may include separate sanitation facilities or may share san itation facilities with the existing structure.
62 California Department of Housing and Community Development – SB 9 Fact Sheet 6 The terms “unit,” “housing unit,” “residential unit,” and “hous ing development” mean primary unit(s) unless specifically identified as an ADU or Junior ADU or otherwise defined. This distinction is critical to successfully implementing SB 9 because state law applies different requirements (and provides certain benefits) to ADUs and Junior ADUs that do not apply to primary units.

Number of ADUs Allowed. ADUs can be combined with primary units in a variety of ways to achieve the maximum unit counts provided for under SB 9. SB 9 allows for up to four units to be built in the same lot area typically used for a single-family home. The calculation varies slightly depending on whether a lot split is involved, but the outcomes regarding total maximum unit counts are identical.

Lot Split. When a lot split occurs, the local agency must allow up to tw o units on each lot resulting from the lot split. In this situation, all three unit types (i.e., primary unit, ADU, and Junior ADU) count toward this two-unit limit. For example, the limit could be reached on each lot by creating two primary units, or a primary unit and an ADU, or a primary unit and a Junior ADU. By building two units on each lot, the overall maximum of four units required under SB 9 is achieved. (Gov. Code, § 66411.7, subd. (j).) Note that the local agency may choose to allow more than two units per lot if desired.

No Lot Split. When a lot split has not occurred, the lot is eligible to rec eive ADUs and/or Junior ADUs as it ordinarily would under ADU law. Unlike when a project is proposed following a lot split, the local agency must allow, in addition to one or two primary units under SB 9, ADUs and/or JADUs under ADU Law. It i s beyond the scope of this document to identify every combination of primary units, ADUs, and Junior ADUs possible under SB 9 and ADU Law. However, in no case does SB 9 require a local agency to allow more than four units on a single lot, in any combination of primary units, ADUs, and Junior ADUs.

See HCD’s ADU and JADU webpage for more information and resources.

Relationship to Other State Housing Laws
SB 9 is one housing law among many that have been adopted to en courage the production of homes across California. The following represent some, but not necessarily all, of the housing laws that intersect with SB 9 and that may be impacted as SB 9 is implemented locally.

Housing Element Law. To utilize projections based on SB 9 toward a jurisdiction’s regional housing need allocation, the housing element must: 1) include a site-specific inventory of sites where SB 9 projections are being applied, 2) include a nonvacant sites analysis demonstrating the likelihood of redevelopment and that the existing use will not constitute an impediment for additional residential use, 3) ide ntify any governmental constraints to the use of SB 9 in the creation of units (including land use controls, fees, 63 California Department of Housing and Community Development – SB 9 Fact Sheet 7 and other exactions, as well as locally adopted ordinances that impact the cost and supply of residential development), and 4) include programs and polici es that establish zoning and development standards early in the planning period and impl ement incentives to encourage and facilitate development. The element should support this analysis with local information such as local developer or owner interest to utiliz e zoning and incentives established through SB 9. Learn more on HCD’s Housing Elements webpage.

Housing Crisis Act of 2019. An affected city or county is limited in its ability to amend its general plan, specific plans, or zoning code in a way that would improperly reduce the intensity of residential uses. (Gov. Code, § 66300, subd. (b)(1)(A).) This limitation applies to residential uses in all zones, including single-family resid ential zones. “Reducing the intensity of land use” includes, but is not limited to, reducti ons to height, density, or floor area ratio, new or increased open space or lot size requirement s, new or increased setback requirements, minimum frontage requirements, or maximum lot coverage limitations, or any other action that would individually or cumulatively reduce the site’s residential development capacity. (Gov. Code, § 66300, subd. (b)(1)(A).) A local agency should proceed with caution when adopting a loca l ordinance that would impose unique development standards on units proposed under SB 9 (but that would not apply to other developments). Any proposed modification to an e xisting development standard applicable in the single-family residential zone must demonstrate that it would not result in a reduction in the intensity of the use. HCD recommends that local agencies rely on the existing objective development, subdivision, and design standards of its single- family residential zone(s) to the extent possible. Learn more a bout Designated Jurisdictions Prohibited from Certain Zoning-Related Actions on HCD’s website.

Housing Accountability Act. Protections contained in the Housing Accountability Act (HAA) and the Permit Streaming Act (PSA) apply to housing developments pursued under SB 9. (Gov. Code, §§ 65589.5; 65905.5; 65913.10; 65940 et seq.) The definition of “housing development project” includes projects that involve no discretionary approvals and projects that include a proposal to construct a single dwel ling unit. (Gov. Code, § 65905.5, subd. (b)(3).) For additional information about the HA A and PSA, see HCD’s Housing Accountability Act Technical Assistance Advisory.

Rental Inclusionary Housing. Government Code section 65850, subdivision (g), authorizes local agencies to adopt an inclusionary housing ordi nance that includes residential rental units affordable to lower- and moderate-inco me households. In certain circumstances, HCD may request the submittal of an economic feasibility study to ensure the ordinance does not unduly constrain housing production. For additional information, see HCD’s Rental Inclusionary Housing Memorandum.

64 10/14/22, 11:52 AM Bill Text - SB-897 Accessory dwelling units: junior accessory dwelling units. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB897 1/20 SHARE THIS:

Date Published: 09/29/2022 02:00 PM
SB-897 Accessory dwelling units: junior accessory dwelling units. (2021-2022)

Senate Bill No. 897
CHAPTER 664
An act to amend Section 65852.22 of, to add Section 65852.23 to, and to repeal and amend Section 65852.2 of, the Government Code, and to amend Section 17980.12 of the Health and Safety Code, relating to land use.
[ Approved by Governor September 28, 2022. Filed with Secretary of State September 28, 2022. ]

LEGISLATIVE COUNSEL'S DIGEST
SB 897, Wieckowski. Accessory dwelling units: junior accessory dwelling units. (1) Existing law, the Planning and Zoning Law, authorizes a local agency, by ordinance or ministerial approval, to provide for the creation of accessory dwelling units in areas zoned for residential use, as specified. Existing law authorizes a local agency to impose standards on accessory dwelling units that include, but are not limited to, parking, height, setback, landscape, architectural review, and maximum size of a unit.

This bill would require that the standards imposed on accessory dwelling units be objective. For purposes of this requirement, the bill would define “objective standard” as a standard that involves no personal or subjective judgment by a public official and is uniformly verifiable, as specified. The bill would also prohibit a local agency from denying an application for a permit to create an accessory dwelling unit due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the accessory dwelling unit.

This bill would require a local agency to review and issue a demolition permit for a detached garage that is to be replaced by an accessory dwelling unit at the same time as it reviews and issues the permit for the accessory dwelling unit. The bill would prohibit an applicant from being required to provide written notice or post a placard for the demolition of a detached garage that is to be replaced by an accessory dwelling unit, as specified.

Existing law provides that an accessory dwelling unit may either be an attached or detached residential dwelling unit, and prescribes the minimum and maximum unit size requirements, height limitations, and setback requirements that a local agency may establish, including a 16-foot height limitation and a 4-foot side and rear setback requirement.

This bill would increase the maximum height limitation that may be imposed by a local agency on an accessory dwelling unit to 18 feet if the accessory dwelling unit is within 1/2 mile walking distance of a major transit stop or
a high-quality transit corridor, as those terms are defined, or if the accessory dwelling unit is detached and on a lot that has an existing multifamily, multistory dwelling, as specified. The bill would increase the maximum Home Bill Information California Law Publications Other Resources My Subscriptions My Favorites 65 10/14/22, 11:52 AM Bill Text - SB-897 Accessory dwelling units: junior accessory dwelling units. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB897 2/20 height limitation that may be imposed by a local agency on an accessory dwelling unit to 25 feet if the accessory dwelling unit is attached to a primary dwelling, except as specified.

Existing law requires an ordinance that provides for the creation of an accessory dwelling unit to require accessory dwelling units to comply with local building code requirements that apply to detached dwellings, as appropriate. Existing law also prohibits an ordinance from requiring an accessory dwelling unit to provide fire sprinklers if they are not required for the primary residence.

This bill would provide that the construction of an accessory dwelling unit does not constitute a Group R occupancy change under the local building code, except as specified. The bill would prohibit the construction of an accessory dwelling unit from triggering a requirement that fire sprinklers be installed in the existing primary dwelling.

Existing law provides that a local agency must ministerially approve an application for a building permit within a residential or mixed-use zone to create not more than 2 accessory dwelling units that are located on a lot that has an existing multifamily dwelling, but are detached from that multifamily dwelling and are subject to a height limitation of 16 feet and a 4-foot side and rear setback requirement.

This bill would change the height limitation applicable to an accessory dwelling unit subject to ministerial approval to 18 feet if the accessory dwelling unit is within 1/2 mile walking distance of a major transit stop or a
high-quality transit corridor, as those terms are defined, or if the accessory dwelling unit is detached and on a lot that has an existing multifamily, multistory dwelling, as specified. The bill would change the height limitation applicable to an accessory dwelling unit subject to ministerial approval to 25 feet if the accessory dwelling unit is attached to a primary dwelling, except as specified. The bill, if the existing multifamily dwelling exceeds applicable height requirements or has a rear or side setback of less than 4 feet, would prohibit a local agency from requiring any modification to the existing multifamily dwelling to satisfy these requirements. The bill would prohibit a local agency from rejecting an application for an accessory dwelling unit because the existing multifamily dwelling exceeds applicable height requirements or has a rear or side setback of less than 4 feet.

Existing law prohibits a local agency from imposing parking standards on certain accessory dwelling units, including those that are located within
1/2-mile walking distance of public transit.

This bill would also prohibit a local agency from imposing any parking standards on an accessory dwelling unit that is included in an application to create a new single-family dwelling unit or a new multifamily dwelling on the same lot, provided that the accessory dwelling unit meets other specified requirements.

Existing law, when a local agency has not adopted an ordinance governing accessory dwelling units, requires a permitting agency to act on an application to create an accessory dwelling unit or a junior accessory dwelling unit within specified timeframes.

This bill would require a permitting agency to return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant, if the permitting agency denies an application for an accessory dwelling unit or junior accessory dwelling unit. (2) Existing law also provides for the creation of junior accessory dwelling units by local ordinance, or, if a local agency has not adopted an ordinance, by ministerial approval, in accordance with specified standards and conditions. Existing law requires an ordinance that provides for the creation of a junior accessory dwelling unit to, among other things, (A) require that the unit be constructed within the walls of the proposed or existing single-family residence, (B) require that the unit include a separate entrance from the main entrance to the proposed or existing single-family residence, and (C) require owner-occupancy in the single-family residence in which the junior accessory dwelling unit is permitted.

This bill would specify that enclosed uses within the proposed or existing single-family residence, such as attached garages, are considered a part of the proposed or existing single-family residence. The bill would require a junior accessory dwelling unit that does not include a separate bathroom to include a separate entrance from the main entrance to the structure, with an interior entry to the main living area. The bill would also prohibit a local agency from denying an application for a permit to create a junior accessory dwelling unit due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the junior accessory dwelling unit.
66 10/14/22, 11:52 AM Bill Text - SB-897 Accessory dwelling units: junior accessory dwelling units. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB897 3/20 (3) Existing law requires a local agency, in enforcing building standards applicable to accessory dwelling units, to delay enforcement for up to 5 years upon the owner submitting an application requesting the delay on the basis that correcting the violation is not necessary to protect health and safety.

This bill would prohibit a local agency from denying a permit for an unpermitted accessory dwelling unit that was constructed before January 1, 2018, because, among other things, the unit is in violation of building standards or state or local standards applicable to accessory dwelling units, unless the local agency makes a finding that correcting the violation is necessary to protect the health and safety of the public or occupants of the structure.

This bill would specify that this prohibition does not apply to a building that is deemed substandard under specified provisions of law.
(4) Existing law requires the Department of Housing and Community Development to administer various programs intended to promote the development of housing, including the Multifamily Housing Program, pursuant to which the department provides financial assistance in the form of deferred payment loans to pay for the eligible costs of development for specified activities.

This bill would state the intent of the Legislature that accessory dwelling unit grant programs provide funding for predevelopment costs and facilitate accountability and oversight, as specified. (5) This bill would incorporate additional changes to Section 65852.2 of the Government Code proposed by AB 2221 to be operative only if this bill and AB 2221 are enacted and this bill is enacted last. (6) By imposing new duties on local governments with respect to the approval of accessory dwelling units and junior accessory dwelling units, the bill would impose a state-mandated local program.

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

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

Vote: majority Appropriation: no Fiscal Committee: yes Local Program: yes THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1. It is the intent of the Legislature to ensure that grant programs that fund the construction and maintenance of accessory dwelling units undertake both of the following:
(a) Provide funding for predevelopment costs, such as development of plans and permitting of accessory dwelling units.
(b) Facilitate accountability and oversight, including annual reporting on outcomes to the Legislature.

SEC. 2. Section 65852.2 of the Government Code, as amended by Section 1 of Chapter 343 of the Statutes of 2021, 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 dwelling residential 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 the adequacy of water and sewer services and the impact of accessory dwelling units on traffic flow and public safety. A local agency that does not provide water or sewer services shall consult with the local water or sewer service provider regarding the adequacy of water and sewer services before designating an area where accessory dwelling units may be permitted. (B) (i) Impose objective standards on accessory dwelling units that include, but are not limited to, parking, height, setback, 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 Historical Resources. These standards shall not include requirements on minimum lot size. (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 67 10/14/22, 11:52 AM Bill Text - SB-897 Accessory dwelling units: junior accessory dwelling units. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB897 4/20 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) Except as provided in Section 65852.26, the accessory dwelling 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 dwelling residential use and includes a proposed or existing dwelling.
(iii) The accessory dwelling unit is either attached to, or located within, the proposed or existing primary dwelling, including attached garages, storage areas or similar uses, or an accessory structure or detached from the proposed or existing primary dwelling and located on the same lot as the proposed or existing primary dwelling.
(iv) If there is an existing primary dwelling, the total floor area of an attached accessory dwelling unit shall not exceed 50 percent of the existing primary dwelling. (v) The total floor area 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 living area or accessory structure or a structure constructed in the same location and to the same dimensions as an existing structure that is converted to an accessory dwelling unit or to a portion of an accessory dwelling unit, and a setback of no more than four feet from the side and rear lot lines shall be required for an accessory dwelling unit that is not converted from an existing structure or a new structure constructed in the same location and to the same dimensions as an existing structure.
(viii) Local building code requirements that apply to detached dwellings, except that the construction of an accessory dwelling unit shall not constitute a Group R occupancy change under the local building code, as described in Section 310 of the California Building Code (Title 24 of the California Code of Regulations), unless the building official or enforcement agency of the local agency makes a written finding based on substantial evidence in the record that the construction of the accessory dwelling unit could have a specific, adverse impact on public health and safety. Nothing in this clause shall be interpreted to prevent a local agency from changing the occupancy code of a space that was unhabitable space or was only permitted for nonresidential use and was subsequently converted for residential use pursuant to this section.
(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 accessory dwelling unit or per bedroom, whichever is less. These spaces may be provided as tandem parking on a driveway.
(II) Off street parking shall be permitted in setback areas in locations determined by the local agency or through tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions.
(III) This clause shall not apply to an accessory dwelling 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, the local agency shall not require that those offstreet parking spaces be replaced. (xii) Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary residence. The construction of an accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling. (2) The ordinance shall not be considered in the application of any local ordinance, policy, or program to limit residential growth.
68 10/14/22, 11:52 AM Bill Text - SB-897 Accessory dwelling units: junior accessory dwelling units. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB897 5/20 (3) A permit application for an accessory dwelling unit or a junior accessory dwelling unit shall be considered and approved 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. The permitting agency shall either approve or deny the application to create an accessory dwelling unit or a junior accessory dwelling unit within 60 days from the date the local agency receives a completed application if there is an existing single- family or multifamily dwelling on the lot. If the permit application to create an accessory dwelling unit or a junior accessory dwelling unit is submitted with a permit application to create a new single-family or multifamily dwelling on the lot, the permitting agency may delay approving or denying the permit application for the accessory dwelling unit or the junior accessory dwelling unit until the permitting agency approves or denies on the permit application to create the new single-family dwelling, but the application to create the accessory dwelling unit or junior accessory dwelling unit shall be considered without discretionary review or hearing. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay. If the local agency has not approved or denied the completed application within 60 days, the application shall be deemed approved. A local agency may charge a fee to reimburse it for costs incurred to implement this paragraph, including the costs of adopting or amending any ordinance that provides for the creation of an accessory dwelling unit.
(4) The ordinance shall require that a demolition permit for a detached garage that is to be replaced with an accessory dwelling unit be reviewed with the application for the accessory dwelling unit and issued at the same time.
(5) The ordinance shall not require, and the applicant shall not be otherwise required, to provide written notice or post a placard for the demolition of a detached garage that is to be replaced with an accessory dwelling unit, unless the property is located within an architecturally and historically significant historic district. (6) 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 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. If 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 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.
(7) No other local ordinance, policy, or regulation shall be the basis for the delay or denial of a building permit or a use permit under this subdivision.
(8) (A) This subdivision establishes the maximum standards that local agencies shall use to evaluate a proposed accessory dwelling unit on a lot that includes a proposed or existing single-family dwelling. No additional standards, other than those provided in this subdivision, shall be used or imposed, except that, subject to subparagraphs (B) and (C), a local agency may require an applicant for a permit issued pursuant to this subdivision to be an owner-occupant.
(B) (i) Notwithstanding subparagraph (A), a local agency shall not impose an owner-occupant requirement on an accessory dwelling unit before January 1, 2025.
(ii) Notwithstanding subparagraph (A), a local agency shall not impose an owner-occupant requirement on an accessory dwelling unit that was permitted between January 1, 2020, and January 1, 2025. (C) Notwithstanding subparagraphs (A) and (B), a local agency may require that an accessory dwelling unit be used for rentals of terms longer than 30 days.
(9) 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.
(10) 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. 69 10/14/22, 11:52 AM Bill Text - SB-897 Accessory dwelling units: junior accessory dwelling units. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB897 6/20 (b) (1) 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 or serve 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). The permitting agency shall either approve or deny the application to create or serve an accessory dwelling unit or a junior accessory dwelling unit within 60 days from the date the permitting agency receives a completed application if there is an existing single-family or multifamily dwelling on the lot. If the permit application to create or serve an accessory dwelling unit or a junior accessory dwelling unit is submitted with a permit application to create or serve a new single-family or multifamily dwelling on the lot, the permitting agency may delay approving or denying the permit application for the accessory dwelling unit or the junior accessory dwelling unit until the permitting agency approves or denies the permit application to create or serve the new single-family dwelling or multifamily dwelling, but the application to create or serve the accessory dwelling unit or junior accessory dwelling unit shall still be considered ministerially without discretionary review or a hearing. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay. If the local agency has not approved or denied the completed application within 60 days, the application shall be deemed approved.
(2) If a permitting agency denies an application for an accessory dwelling unit or junior accessory dwelling unit pursuant to paragraph (1), the permitting agency shall, within the time period described in paragraph (1), return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant. (c) (1) Subject to paragraph (2), a local agency may establish minimum and maximum unit size requirements for both attached and detached accessory dwelling units. (2) Notwithstanding paragraph (1), a local agency shall not establish by ordinance any of the following:
(A) A minimum square footage requirement for either an attached or detached accessory dwelling unit that prohibits an efficiency unit.
(B) A maximum square footage requirement for either an attached or detached accessory dwelling unit that is less than either of the following:
(i) 850 square feet.
(ii) 1,000 square feet for an accessory dwelling unit that provides more than one bedroom. (C) Any requirement for a zoning clearance or separate zoning review or any other minimum or maximum size for an accessory dwelling unit, size based upon a percentage of the proposed or existing primary dwelling, or limits on lot coverage, floor area ratio, open space, and minimum lot size, for either attached or detached dwellings that does not permit at least an 800 square foot accessory dwelling unit with four-foot side and rear yard setbacks to be constructed in compliance with all other local development standards. (D) Any height limitation that does not allow at least the following, as applicable:
(i) A height of 16 feet for a detached accessory dwelling unit on a lot with an existing or proposed single family or multifamily dwelling unit.
(ii) A height of 18 feet for a detached accessory dwelling unit on a lot with an existing or proposed single family or multifamily dwelling unit that is within one-half of one mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code. A local agency shall also allow an additional two feet in height to accommodate a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the primary dwelling unit. (iii) A height of 18 feet for a detached accessory dwelling unit on a lot with an existing or proposed multifamily, multistory dwelling.
(iv) A height of 25 feet or the height limitation in the local zoning ordinance that applies to the primary dwelling, whichever is lower, for an accessory dwelling unit that is attached to a primary dwelling. This clause shall not require a local agency to allow an accessory dwelling unit to exceed two stories. (d) Notwithstanding any other law, and whether or not the local agency has adopted an ordinance governing accessory dwelling units in accordance with subdivision (a), all of the following shall apply:
70 10/14/22, 11:52 AM Bill Text - SB-897 Accessory dwelling units: junior accessory dwelling units. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB897 7/20 (1) The local agency shall not impose any parking standards for an accessory dwelling unit in any of the following instances:
(A) Where the accessory dwelling unit is located within one-half mile walking distance of public transit. (B) Where the accessory dwelling unit is located within an architecturally and historically significant historic district.
(C) Where the accessory dwelling unit is part of the proposed or existing primary residence or an accessory structure.
(D) When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit.
(E) When there is a car share vehicle located within one block of the accessory dwelling unit. (F) When a permit application for an accessory dwelling unit is submitted with a permit application to create a new single-family dwelling or a new multifamily dwelling on the same lot, provided that the accessory dwelling unit or the parcel satisfies any other criteria listed in this paragraph. (2) The local agency shall not deny an application for a permit to create an accessory dwelling unit due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the accessory dwelling unit.
(e) (1) Notwithstanding subdivisions (a) to (d), inclusive, a local agency shall ministerially approve an application for a building permit within a residential or mixed-use zone to create any of the following:
(A) One accessory dwelling unit and one junior accessory dwelling unit per lot with a proposed or existing single-family dwelling if all of the following apply:
(i) The accessory dwelling unit or junior accessory dwelling unit is within the proposed space of a single- family dwelling or existing space of a single-family dwelling or accessory structure and may include an expansion of not more than 150 square feet beyond the same physical dimensions as the existing accessory structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress.
(ii) The space has exterior access from the proposed or existing single-family dwelling. (iii) The side and rear setbacks are sufficient for fire and safety. (iv) The junior accessory dwelling unit complies with the requirements of Section 65852.22. (B) One detached, new construction, accessory dwelling unit that does not exceed four-foot side and rear yard setbacks for a lot with a proposed or existing single-family dwelling. The accessory dwelling unit may be combined with a junior accessory dwelling unit described in subparagraph (A). A local agency may impose the following conditions on the accessory dwelling unit:
(i) A total floor area limitation of not more than 800 square feet. (ii) A height limitation as provided in clause (i), (ii), or (iii) as applicable, of subparagraph (D) of paragraph (2) of subdivision (c).
(C) (i) Multiple accessory dwelling units within the portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings. (ii) A local agency shall allow at least one accessory dwelling unit within an existing multifamily dwelling and shall allow up to 25 percent of the existing multifamily dwelling units. (D) (i) Not more than two accessory dwelling units that are located on a lot that has an existing or proposed multifamily dwelling, but are detached from that multifamily dwelling and are subject to the applicable height limitation in clause (i), (ii), or (iii), as applicable, of subparagraph (D) of paragraph (2) of subdivision (c) and rear yard and side setbacks of no more than four feet. 71 10/14/22, 11:52 AM Bill Text - SB-897 Accessory dwelling units: junior accessory dwelling units. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB897 8/20 (ii) If the existing multifamily dwelling has a rear or side setback of less than four feet, the local agency shall not require any modification of the existing multifamily dwelling as a condition of approving the application to construct an accessory dwelling unit that satisfies the requirements of this subparagraph. (2) A local agency shall not require, as a condition for ministerial approval of a permit application for the creation of an accessory dwelling unit or a junior accessory dwelling unit, the correction of nonconforming zoning conditions.
(3) The installation of fire sprinklers shall not be required in an accessory dwelling unit if sprinklers are not required for the primary residence. The construction of an accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in the existing multifamily dwelling. (4) A local agency may require owner-occupancy for either the primary dwelling or the accessory dwelling unit on a single-family lot, subject to the requirements of paragraph (8) of subdivision (a). (5) A local agency shall require that a rental of the accessory dwelling unit created pursuant to this subdivision be for a term longer than 30 days.
(6) A local agency may require, as part of the application for a permit to create an accessory dwelling unit connected to an onsite wastewater treatment system, a percolation test completed within the last five years, or, if the percolation test has been recertified, within the last 10 years. (7) Notwithstanding subdivision (c) and paragraph (1) a local agency that has adopted an ordinance by July 1, 2018, providing for the approval of accessory dwelling units in multifamily dwelling structures shall ministerially consider a permit application to construct an accessory dwelling unit that is described in paragraph (1), and may impose objective standards including, but not limited to, design, development, and historic standards on said accessory dwelling units. These standards shall not include requirements on minimum lot size.
(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) An accessory dwelling unit shall not be considered by a local agency, special district, or water corporation to be a new residential use for purposes of calculating connection fees or capacity charges for utilities, including water and sewer service, unless the accessory dwelling unit was constructed with a new single-family dwelling.
(3) (A) A local agency, special district, or water corporation shall not impose any impact fee upon the development of an accessory dwelling unit less than 750 square feet. Any impact fees charged for an accessory dwelling unit of 750 square feet or more shall be charged proportionately in relation to the square footage of the primary dwelling unit.
(B) For purposes of this paragraph, “impact fee” has the same meaning as the term “fee” is defined in subdivision (b) of Section 66000, except that it also includes fees specified in Section 66477. “Impact fee” does not include any connection fee or capacity charge charged by a local agency, special district, or water corporation.
(4) For an accessory dwelling unit described in subparagraph (A) of paragraph (1) of 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, unless the accessory dwelling unit was constructed with a new single-family dwelling. (5) For an accessory dwelling unit that is not described in subparagraph (A) of paragraph (1) of 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 square feet or the number of its drainage fixture unit (DFU) values, as defined in the Uniform Plumbing Code adopted and published by the International Association of Plumbing and Mechanical Officials, 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.
72 10/14/22, 11:52 AM Bill Text - SB-897 Accessory dwelling units: junior accessory dwelling units. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB897 9/20 (h) (1) A local agency 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. After adoption of an ordinance, the department may submit written findings to the local agency as to whether the ordinance complies with this section.
(2) (A) If the department finds that the local agency’s ordinance does not comply with this section, the department shall notify the local agency and shall provide the local agency with a reasonable time, no longer than 30 days, to respond to the findings before taking any other action authorized by this section. (B) The local agency shall consider the findings made by the department pursuant to subparagraph (A) and shall do one of the following:
(i) Amend the ordinance to comply with this section.
(ii) Adopt the ordinance without changes. The local agency shall include findings in its resolution adopting the ordinance that explain the reasons the local agency believes that the ordinance complies with this section despite the findings of the department. (3) (A) If the local agency does not amend its ordinance in response to the department’s findings or does not adopt a resolution with findings explaining the reason the ordinance complies with this section and addressing the department’s findings, the department shall notify the local agency and may notify the Attorney General that the local agency is in violation of state law.
(B) Before notifying the Attorney General that the local agency is in violation of state law, the department may consider whether a local agency adopted an ordinance in compliance with this section between January 1, 2017, and January 1, 2020.
(i) The department may review, adopt, amend, or repeal guidelines to implement uniform standards or criteria that supplement or clarify the terms, references, and standards set forth in this section. The guidelines adopted pursuant to this subdivision are not subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2.
(j) As used in this section, the following terms mean:
(1) “Accessory dwelling unit” means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. An accessory dwelling unit also includes the following:
(A) An efficiency unit.
(B) A manufactured home, as defined in Section 18007 of the Health and Safety Code. (2) “Accessory structure” means a structure that is accessory and incidental to a dwelling located on the same lot.
(3) “Efficiency unit” has the same meaning as defined in Section 17958.1 of the Health and Safety Code. (4) “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.
(5) “Local agency” means a city, county, or city and county, whether general law or chartered. (6) “Nonconforming zoning condition” means a physical improvement on a property that does not conform with current zoning standards.
(7) “Objective standards” means standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal. (8) “Passageway” means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit.
(9) “Permitting agency” means any entity that is involved in the review of a permit for an accessory dwelling unit or junior accessory dwelling unit and for which there is no substitute, including, but not limited to, 73 10/14/22, 11:52 AM Bill Text - SB-897 Accessory dwelling units: junior accessory dwelling units. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB897 10/20 applicable planning departments, building departments, utilities, and special districts. (10) “Proposed dwelling” means a dwelling that is the subject of a permit application and that meets the requirements for permitting.
(11) “Public transit” means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.
(12) “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.
(k) A local agency shall not issue a certificate of occupancy for an accessory dwelling unit before the local agency issues a certificate of occupancy for the primary dwelling. (l) 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.
(m) A local agency may count an accessory dwelling unit for purposes of identifying adequate sites for housing, as specified in subdivision (a) of Section 65583.1, subject to authorization by the department and compliance with this division.
(n) In enforcing building standards pursuant to Article 1 (commencing with Section 17960) of Chapter 5 of Part

1.5 of Division 13 of the Health and Safety Code for an accessory dwelling unit described in paragraph (1) or (2), a local agency, upon request of an owner of an accessory dwelling unit for a delay in enforcement, shall delay enforcement of a building standard, subject to compliance with Section 17980.12 of the Health and Safety Code:
(1) The accessory dwelling unit was built before January 1, 2020. (2) The accessory dwelling unit was built on or after January 1, 2020, in a local jurisdiction that, at the time the accessory dwelling unit was built, had a noncompliant accessory dwelling unit ordinance, but the ordinance is compliant at the time the request is made.

SEC. 2.5. Section 65852.2 of the Government Code, as amended by Section 1 of Chapter 343 of the Statutes of 2021, 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 dwelling residential 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 the adequacy of water and sewer services and the impact of accessory dwelling units on traffic flow and public safety. A local agency that does not provide water or sewer services shall consult with the local water or sewer service provider regarding the adequacy of water and sewer services before designating an area where accessory dwelling units may be permitted. (B) (i) Impose objective standards on accessory dwelling units that include, but are not limited to, parking, height, setback, 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 Historical Resources. These standards shall not include requirements on minimum lot size. (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) Except as provided in Section 65852.26, the accessory dwelling unit may be rented separate from the primary residence, but may not be sold or otherwise conveyed separate from the primary residence. 74 10/14/22, 11:52 AM Bill Text - SB-897 Accessory dwelling units: junior accessory dwelling units. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB897 11/20 (ii) The lot is zoned to allow single-family or multifamily dwelling residential use and includes a proposed or existing dwelling.
(iii) The accessory dwelling unit is either attached to, or located within, the proposed or existing primary dwelling, including attached garages, storage areas or similar uses, or an accessory structure or detached from the proposed or existing primary dwelling and located on the same lot as the proposed or existing primary dwelling, including detached garages.
(iv) If there is an existing primary dwelling, the total floor area of an attached accessory dwelling unit shall not exceed 50 percent of the existing primary dwelling. (v) The total floor area 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 living area or accessory structure or a structure constructed in the same location and to the same dimensions as an existing structure that is converted to an accessory dwelling unit or to a portion of an accessory dwelling unit, and a setback of no more than four feet from the side and rear lot lines shall be required for an accessory dwelling unit that is not converted from an existing structure or a new structure constructed in the same location and to the same dimensions as an existing structure.
(viii) Local building code requirements that apply to detached dwellings, except that the construction of an accessory dwelling unit shall not constitute a Group R occupancy change under the local building code, as described in Section 310 of the California Building Code (Title 24 of the California Code of Regulations), unless the building official or enforcement agency of the local agency makes a written finding based on substantial evidence in the record that the construction of the accessory dwelling unit could have a specific, adverse impact on public health and safety. Nothing in this clause shall be interpreted to prevent a local agency from changing the occupancy code of a space that was unhabitable space or was only permitted for nonresidential use and was subsequently converted for residential use pursuant to this section.
(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 accessory dwelling unit or per bedroom, whichever is less. These spaces may be provided as tandem parking on a driveway.
(II) Off street parking shall be permitted in setback areas in locations determined by the local agency or through tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions.
(III) This clause shall not apply to an accessory dwelling 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, the local agency shall not require that those offstreet parking spaces be replaced. (xii) Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary residence. The construction of an accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling. (2) The ordinance shall not be considered in the application of any local ordinance, policy, or program to limit residential growth.
(3) (A) A permit application for an accessory dwelling unit or a junior accessory dwelling unit shall be considered and approved 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. The permitting agency shall either approve or deny the application to create or serve an accessory dwelling unit or a junior accessory dwelling unit within 60 days from the date the permitting agency receives a completed application if there is an existing single-family or multifamily dwelling on the lot. If the permit application to create or serve an accessory dwelling unit or a junior accessory dwelling unit is submitted with a permit 75 10/14/22, 11:52 AM Bill Text - SB-897 Accessory dwelling units: junior accessory dwelling units. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB897 12/20 application to create a new single-family or multifamily dwelling on the lot, the permitting agency may delay approving or denying the permit application for the accessory dwelling unit or the junior accessory dwelling unit until the permitting agency approves or denies the permit application to create the new single-family or multifamily dwelling, but the application to create or serve the accessory dwelling unit or junior accessory dwelling unit shall be considered without discretionary review or hearing. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay. If the local agency has not approved or denied the completed application within 60 days, the application shall be deemed approved. A local agency may charge a fee to reimburse it for costs incurred to implement this paragraph, including the costs of adopting or amending any ordinance that provides for the creation of an accessory dwelling unit. (B) If a permitting agency denies an application for an accessory dwelling unit or junior accessory dwelling unit pursuant to subparagraph (A), the permitting agency shall, within the time period described in subparagraph (A), return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant. (4) The ordinance shall require that a demolition permit for a detached garage that is to be replaced with an accessory dwelling unit be reviewed with the application for the accessory dwelling unit and issued at the same time.
(5) The ordinance shall not require, and the applicant shall not be otherwise required, to provide written notice or post a placard for the demolition of a detached garage that is to be replaced with an accessory dwelling unit, unless the property is located within an architecturally and historically significant historic district. (6) 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 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. If 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 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.
(7) No other local ordinance, policy, or regulation shall be the basis for the delay or denial of a building permit or a use permit under this subdivision.
(8) (A) This subdivision establishes the maximum standards that local agencies shall use to evaluate a proposed accessory dwelling unit on a lot that includes a proposed or existing single-family dwelling. No additional standards, other than those provided in this subdivision, shall be used or imposed, except that, subject to subparagraphs (B) and (C), a local agency may require an applicant for a permit issued pursuant to this subdivision to be an owner-occupant.
(B) (i) Notwithstanding subparagraph (A), a local agency shall not impose an owner-occupant requirement on an accessory dwelling unit before January 1, 2025.
(ii) Notwithstanding subparagraph (A), a local agency shall not impose an owner-occupant requirement on an accessory dwelling unit that was permitted between January 1, 2020, and January 1, 2025. (C) Notwithstanding subparagraphs (A) and (B), a local agency may require that an accessory dwelling unit be used for rentals of terms longer than 30 days.
(9) 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.
(10) 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) (1) 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 or serve an accessory dwelling unit pursuant to this subdivision, the local agency shall approve or disapprove the application ministerially without discretionary 76 10/14/22, 11:52 AM Bill Text - SB-897 Accessory dwelling units: junior accessory dwelling units. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB897 13/20 review pursuant to subdivision (a). The permitting agency shall either approve or deny the application to create or serve an accessory dwelling unit or a junior accessory dwelling unit within 60 days from the date the permitting agency receives a completed application if there is an existing single-family or multifamily dwelling on the lot. If the permit application to create or serve an accessory dwelling unit or a junior accessory dwelling unit is submitted with a permit application to create or serve a new single-family or multifamily dwelling on the lot, the permitting agency may delay approving or denying the permit application for the accessory dwelling unit or the junior accessory dwelling unit until the permitting agency approves or denies the permit application to create or serve the new single-family or multifamily dwelling, but the application to create or serve the accessory dwelling unit or junior accessory dwelling unit shall still be considered ministerially without discretionary review or a hearing. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay.

If the local agency has not approved or denied the completed application within 60 days, the application shall be deemed approved.
(2) If a permitting agency denies an application for an accessory dwelling unit or junior accessory dwelling unit pursuant to paragraph (1), the permitting agency shall, within the time period described in paragraph (1), return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant. (c) (1) Subject to paragraph (2), a local agency may establish minimum and maximum unit size requirements for both attached and detached accessory dwelling units. (2) Notwithstanding paragraph (1), a local agency shall not establish by ordinance any of the following:
(A) A minimum square footage requirement for either an attached or detached accessory dwelling unit that prohibits an efficiency unit.
(B) A maximum square footage requirement for either an attached or detached accessory dwelling unit that is less than either of the following:
(i) 850 square feet.
(ii) 1,000 square feet for an accessory dwelling unit that provides more than one bedroom. (C) Any requirement for a zoning clearance or separate zoning review or any other minimum or maximum size for an accessory dwelling unit, size based upon a percentage of the proposed or existing primary dwelling, or limits on lot coverage, floor area ratio, open space, front setbacks, and minimum lot size, for either attached or detached dwellings that does not permit at least an 800 square foot accessory dwelling unit with four-foot side and rear yard setbacks to be constructed in compliance with all other local development standards.
(D) Any height limitation that does not allow at least the following, as applicable:
(i) A height of 16 feet for a detached accessory dwelling unit on a lot with an existing or proposed single family or multifamily dwelling unit.
(ii) A height of 18 feet for a detached accessory dwelling unit on a lot with an existing or proposed single family or multifamily dwelling unit that is within one-half of one mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code. A local agency shall also allow an additional two feet in height to accommodate a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the primary dwelling unit. (iii) A height of 18 feet for a detached accessory dwelling unit on a lot with an existing or proposed multifamily, multistory dwelling.
(iv) A height of 25 feet or the height limitation in the local zoning ordinance that applies to the primary dwelling, whichever is lower, for an accessory dwelling unit that is attached to a primary dwelling. This clause shall not require a local agency to allow an accessory dwelling unit to exceed two stories. (d) Notwithstanding any other law, and whether or not the local agency has adopted an ordinance governing accessory dwelling units in accordance with subdivision (a), all of the following shall apply:
(1) The local agency shall not impose any parking standards for an accessory dwelling unit in any of the following instances:
(A) Where the accessory dwelling unit is located within one-half mile walking distance of public transit. 77 10/14/22, 11:52 AM Bill Text - SB-897 Accessory dwelling units: junior accessory dwelling units. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB897 14/20 (B) Where the accessory dwelling unit is located within an architecturally and historically significant historic district.
(C) Where the accessory dwelling unit is part of the proposed or existing primary residence or an accessory structure.
(D) When onstreet parking permits are required but not offered to the occupant of the accessory dwelling unit.
(E) When there is a car share vehicle located within one block of the accessory dwelling unit. (F) When a permit application for an accessory dwelling unit is submitted with a permit application to create a new single-family dwelling or a new multifamily dwelling on the same lot, provided that the accessory dwelling unit or the parcel satisfies any other criteria listed in this paragraph. (2) The local agency shall not deny an application for a permit to create an accessory dwelling unit due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the accessory dwelling unit.
(e) (1) Notwithstanding subdivisions (a) to (d), inclusive, a local agency shall ministerially approve an application for a building permit within a residential or mixed-use zone to create any of the following:
(A) One accessory dwelling unit and one junior accessory dwelling unit per lot with a proposed or existing single-family dwelling if all of the following apply:
(i) The accessory dwelling unit or junior accessory dwelling unit is within the proposed space of a single- family dwelling or existing space of a single-family dwelling or accessory structure and may include an expansion of not more than 150 square feet beyond the same physical dimensions as the existing accessory structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress.
(ii) The space has exterior access from the proposed or existing single-family dwelling. (iii) The side and rear setbacks are sufficient for fire and safety. (iv) The junior accessory dwelling unit complies with the requirements of Section 65852.22. (B) One detached, new construction, accessory dwelling unit that does not exceed four-foot side and rear yard setbacks for a lot with a proposed or existing single-family dwelling. The accessory dwelling unit may be combined with a junior accessory dwelling unit described in subparagraph (A). A local agency may impose the following conditions on the accessory dwelling unit:
(i) A total floor area limitation of not more than 800 square feet. (ii) A height limitation as provided in clause (i), (ii), or (iii) as applicable, of subparagraph (D) of paragraph (2) of subdivision (c).
(C) (i) Multiple accessory dwelling units within the portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings. (ii) A local agency shall allow at least one accessory dwelling unit within an existing multifamily dwelling and shall allow up to 25 percent of the existing multifamily dwelling units. (D) (i) Not more than two accessory dwelling units that are located on a lot that has an existing or proposed multifamily dwelling, but are detached from that multifamily dwelling and are subject to a height limitation in clause (i), (ii), or (iii), as applicable, of subparagraph (D) of paragraph (2) of subdivision (c) and rear yard and side setbacks of no more than four feet.
(ii) If the existing multifamily dwelling has a rear or side setback of less than four feet, the local agency shall not require any modification of the existing multifamily dwelling as a condition of approving the application to construct an accessory dwelling unit that satisfies the requirements of this subparagraph. (2) A local agency shall not require, as a condition for ministerial approval of a permit application for the creation of an accessory dwelling unit or a junior accessory dwelling unit, the correction of nonconforming 78 10/14/22, 11:52 AM Bill Text - SB-897 Accessory dwelling units: junior accessory dwelling units. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB897 15/20 zoning conditions.
(3) The installation of fire sprinklers shall not be required in an accessory dwelling unit if sprinklers are not required for the primary residence. The construction of an accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in the existing multifamily dwelling. (4) A local agency may require owner-occupancy for either the primary dwelling or the accessory dwelling unit on a single-family lot, subject to the requirements of paragraph (8) of subdivision (a). (5) A local agency shall require that a rental of the accessory dwelling unit created pursuant to this subdivision be for a term longer than 30 days.
(6) A local agency may require, as part of the application for a permit to create an accessory dwelling unit connected to an onsite wastewater treatment system, a percolation test completed within the last five years, or, if the percolation test has been recertified, within the last 10 years. (7) Notwithstanding subdivision (c) and paragraph (1) a local agency that has adopted an ordinance by July 1, 2018, providing for the approval of accessory dwelling units in multifamily dwelling structures shall ministerially consider a permit application to construct an accessory dwelling unit that is described in paragraph (1), and may impose objective standards including, but not limited to, design, development, and historic standards on said accessory dwelling units. These standards shall not include requirements on minimum lot size.
(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) An accessory dwelling unit shall not be considered by a local agency, special district, or water corporation to be a new residential use for purposes of calculating connection fees or capacity charges for utilities, including water and sewer service, unless the accessory dwelling unit was constructed with a new single-family dwelling.
(3) (A) A local agency, special district, or water corporation shall not impose any impact fee upon the development of an accessory dwelling unit less than 750 square feet. Any impact fees charged for an accessory dwelling unit of 750 square feet or more shall be charged proportionately in relation to the square footage of the primary dwelling unit.
(B) For purposes of this paragraph, “impact fee” has the same meaning as the term “fee” is defined in subdivision (b) of Section 66000, except that it also includes fees specified in Section 66477. “Impact fee” does not include any connection fee or capacity charge charged by a local agency, special district, or water corporation.
(4) For an accessory dwelling unit described in subparagraph (A) of paragraph (1) of 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, unless the accessory dwelling unit was constructed with a new single-family dwelling. (5) For an accessory dwelling unit that is not described in subparagraph (A) of paragraph (1) of 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 square feet or the number of its drainage fixture unit (DFU) values, as defined in the Uniform Plumbing Code adopted and published by the International Association of Plumbing and Mechanical Officials, upon the water or sewer system. This fee or charge shall not exceed the reasonable cost of providing this service.
(g) This section shall supersede a conflicting local ordinance. This section does not limit the authority of local agencies to adopt less restrictive requirements for the creation of an accessory dwelling unit. (h) (1) A local agency 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. After adoption of an ordinance, the department may submit written findings to the local agency as to whether the ordinance complies with this section.
79 10/14/22, 11:52 AM Bill Text - SB-897 Accessory dwelling units: junior accessory dwelling units. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB897 16/20 (2) (A) If the department finds that the local agency’s ordinance does not comply with this section, the department shall notify the local agency and shall provide the local agency with a reasonable time, no longer than 30 days, to respond to the findings before taking any other action authorized by this section. (B) The local agency shall consider the findings made by the department pursuant to subparagraph (A) and shall do one of the following:
(i) Amend the ordinance to comply with this section.
(ii) Adopt the ordinance without changes. The local agency shall include findings in its resolution adopting the ordinance that explain the reasons the local agency believes that the ordinance complies with this section despite the findings of the department. (3) (A) If the local agency does not amend its ordinance in response to the department’s findings or does not adopt a resolution with findings explaining the reason the ordinance complies with this section and addressing the department’s findings, the department shall notify the local agency and may notify the Attorney General that the local agency is in violation of state law.
(B) Before notifying the Attorney General that the local agency is in violation of state law, the department may consider whether a local agency adopted an ordinance in compliance with this section between January 1, 2017, and January 1, 2020.
(i) The department may review, adopt, amend, or repeal guidelines to implement uniform standards or criteria that supplement or clarify the terms, references, and standards set forth in this section. The guidelines adopted pursuant to this subdivision are not subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2.
(j) As used in this section, the following terms mean:
(1) “Accessory dwelling unit” means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. An accessory dwelling unit also includes the following:
(A) An efficiency unit.
(B) A manufactured home, as defined in Section 18007 of the Health and Safety Code. (2) “Accessory structure” means a structure that is accessory and incidental to a dwelling located on the same lot.
(3) “Efficiency unit” has the same meaning as defined in Section 17958.1 of the Health and Safety Code. (4) “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.
(5) “Local agency” means a city, county, or city and county, whether general law or chartered. (6) “Nonconforming zoning condition” means a physical improvement on a property that does not conform with current zoning standards.
(7) “Objective standards” means standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal. (8) “Passageway” means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit.
(9) “Permitting agency” means any entity that is involved in the review of a permit for an accessory dwelling unit or junior accessory dwelling unit and for which there is no substitute, including, but not limited to, applicable planning departments, building departments, utilities, and special districts. (10) “Proposed dwelling” means a dwelling that is the subject of a permit application and that meets the requirements for permitting.
80 10/14/22, 11:52 AM Bill Text - SB-897 Accessory dwelling units: junior accessory dwelling units. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB897 17/20 (11) “Public transit” means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.
(12) “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.
(k) A local agency shall not issue a certificate of occupancy for an accessory dwelling unit before the local agency issues a certificate of occupancy for the primary dwelling. (l) 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.
(m) A local agency may count an accessory dwelling unit for purposes of identifying adequate sites for housing, as specified in subdivision (a) of Section 65583.1, subject to authorization by the department and compliance with this division.
(n) In enforcing building standards pursuant to Article 1 (commencing with Section 17960) of Chapter 5 of Part

1.5 of Division 13 of the Health and Safety Code for an accessory dwelling unit described in paragraph (1) or (2), a local agency, upon request of an owner of an accessory dwelling unit for a delay in enforcement, shall delay enforcement of a building standard, subject to compliance with Section 17980.12 of the Health and Safety Code:
(1) The accessory dwelling unit was built before January 1, 2020. (2) The accessory dwelling unit was built on or after January 1, 2020, in a local jurisdiction that, at the time the accessory dwelling unit was built, had a noncompliant accessory dwelling unit ordinance, but the ordinance is compliant at the time the request is made.

SEC. 3. Section 65852.2 of the Government Code, as amended by Section 2 of Chapter 343 of the Statutes of 2021, is repealed.

SEC. 4. Section 65852.22 of the Government Code is amended to read:
65852.22. (a) Notwithstanding Section 65852.2, a local agency may, by ordinance, provide for the creation of junior accessory dwelling units in single-family residential zones. The ordinance may require a permit to be obtained for the creation of a junior accessory dwelling unit, and shall do all of the following:
(1) Limit the number of junior accessory dwelling units to one per residential lot zoned for single-family residences with a single-family residence built, or proposed to be built, on the lot. (2) Require owner-occupancy in the single family residence in which the junior accessory dwelling unit will be permitted. The owner may reside in either the remaining portion of the structure or the newly created junior accessory dwelling unit. Owner-occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization.
(3) Require the recordation of a deed restriction, which shall run with the land, shall be filed with the permitting agency, and shall include both of the following:
(A) 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. (B) A restriction on the size and attributes of the junior accessory dwelling unit that conforms with this section.
(4) Require a permitted junior accessory dwelling unit to be constructed within the walls of the proposed or existing single-family residence. For purposes of this paragraph, enclosed uses within the residence, such as attached garages, are considered a part of the proposed or existing single-family residence. (5) (A) Require a permitted junior accessory dwelling unit to include a separate entrance from the main entrance to the proposed or existing single-family residence. (B) If a permitted junior accessory dwelling unit does not include a separate bathroom, the permitted junior accessory dwelling unit shall include a separate entrance from the main entrance to the structure, with an 81 10/14/22, 11:52 AM Bill Text - SB-897 Accessory dwelling units: junior accessory dwelling units. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB897 18/20 interior entry to the main living area.
(6) Require the permitted junior accessory dwelling unit to include an efficiency kitchen, which shall include all of the following:
(A) A cooking facility with appliances.
(B) A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.
(b) (1) An ordinance shall not require additional parking as a condition to grant a permit. (2) This subdivision shall not be interpreted to prohibit the requirement of an inspection, including the imposition of a fee for that inspection, to determine if the junior accessory dwelling unit complies with applicable building standards.
(c) (1) An application for a permit pursuant to this section shall, notwithstanding Section 65901 or 65906 or any local ordinance regulating the issuance of variances or special use permits, be considered ministerially, without discretionary review or a hearing. The permitting agency shall either approve or deny the application to create or serve a junior accessory dwelling unit within 60 days from the date the local agency receives a completed application if there is an existing single-family dwelling on the lot. If the permit application to create or serve a junior accessory dwelling unit is submitted with a permit application to create or serve a new single-family dwelling on the lot, the permitting agency may delay approving or denying the permit application for the junior accessory dwelling unit until the permitting agency approves or denies the permit application to create or serve the new single-family dwelling, but the application to create or serve the junior accessory dwelling unit shall still be considered ministerially without discretionary review or a hearing. If the applicant requests a delay, the 60- day time period shall be tolled for the period of the delay. A local agency may charge a fee to reimburse the local agency for costs incurred in connection with the issuance of a permit pursuant to this section. (2) If a permitting agency denies an application for a junior accessory dwelling unit pursuant to paragraph (1), the permitting agency shall, within the time period described in paragraph (1), return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant.
(d) A local agency shall not deny an application for a permit to create a junior accessory dwelling unit pursuant to this section due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and that are not affected by the construction of the junior accessory dwelling unit.
(e) For purposes of any fire or life protection ordinance or regulation, a junior accessory dwelling unit shall not be considered a separate or new dwelling unit. This section shall not be construed to prohibit a city, county, city and county, or other local public entity from adopting an ordinance or regulation relating to fire and life protection requirements within a single-family residence that contains a junior accessory dwelling unit so long as the ordinance or regulation applies uniformly to all single-family residences within the zone regardless of whether the single-family residence includes a junior accessory dwelling unit or not. (f) For purposes of providing service for water, sewer, or power, including a connection fee, a junior accessory dwelling unit shall not be considered a separate or new dwelling unit. (g) This section shall not be construed to prohibit a local agency from adopting an ordinance or regulation related to a service or a connection fee for water, sewer, or power, that applies to a single-family residence that contains a junior accessory dwelling unit, so long as that ordinance or regulation applies uniformly to all single- family residences regardless of whether the single-family residence includes a junior accessory dwelling unit. (h) If a local agency has not adopted a local ordinance pursuant to this section, the local agency shall ministerially approve a permit to construct a junior accessory dwelling unit that satisfies the requirements set forth in subparagraph (A) of paragraph (1) of subdivision (e) of Section 65852.2 and the requirements of this section.
(i) For purposes of this section, the following terms have the following meanings:
(1) “Junior accessory dwelling unit” means a unit that is no more than 500 square feet in size and contained entirely within a single-family residence. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure. 82 10/14/22, 11:52 AM Bill Text - SB-897 Accessory dwelling units: junior accessory dwelling units. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB897 19/20 (2) “Local agency” means a city, county, or city and county, whether general law or chartered. (3) “Permitting agency” means any entity that is involved in the review of a permit for an accessory dwelling unit or junior accessory dwelling unit and for which there is no substitute, including, but not limited to, applicable planning departments, building departments, utilities, and special districts.

SEC. 5. Section 65852.23 is added to the Government Code, to read:
65852.23. (a) Notwithstanding any other law, and except as otherwise provided in subdivision (b), a local agency shall not deny a permit for an unpermitted accessory dwelling unit that was constructed before January 1, 2018, due to either of the following:
(1) The accessory dwelling unit is in violation of building standards pursuant to Article 1 (commencing with Section 17960) of Chapter 5 of Part 1.5 of Division 13 of the Health and Safety Code. (2) The accessory dwelling unit does not comply with Section 65852.2 or any local ordinance regulating accessory dwelling units.
(b) Notwithstanding subdivision (a), a local agency may deny a permit for an accessory dwelling unit subject to subdivision (a) if the local agency makes a finding that correcting the violation is necessary to protect the health and safety of the public or occupants of the structure. (c) The section shall not apply to a building that is deemed substandard pursuant to Section 17920.3 of the Health and Safety Code.

SEC. 6. Section 17980.12 of the Health and Safety Code is amended to read:
17980.12. (a) (1) An enforcement agency, until January 1, 2030, that issues to an owner of an accessory dwelling unit described in subparagraph (A) or (B) below, a notice to correct a violation of any provision of any building standard pursuant to this part shall include in that notice a statement that the owner of the unit has a right to request a delay in enforcement pursuant to this subdivision:
(A) The accessory dwelling unit was built before January 1, 2020. (B) The accessory dwelling unit was built on or after January 1, 2020, in a local jurisdiction that, at the time the accessory dwelling unit was built, had a noncompliant accessory dwelling unit ordinance, but the ordinance is compliant at the time the request is made. (2) The owner of an accessory dwelling unit that receives a notice to correct violations or abate nuisances as described in paragraph (1) may, in the form and manner prescribed by the enforcement agency, submit an application to the enforcement agency requesting that enforcement of the violation be delayed for five years on the basis that correcting the violation is not necessary to protect health and safety. (3) A local agency shall not require, as a condition for ministerial approval of a permit application for the creation of an accessory dwelling unit or a junior accessory dwelling unit, the correction of a violation on the primary dwelling unit, provided that correcting the violation is not necessary to protect health and safety. (4) The enforcement agency shall grant an application described in paragraph (2) if the enforcement agency determines that correcting the violation is not necessary to protect health and safety. In making this determination, the enforcement agency shall consult with the entity responsible for enforcement of building standards and other regulations of the State Fire Marshal pursuant to Section 13146. (5) The enforcement agency shall not approve any applications pursuant to this section on or after January 1, 2030. However, any delay that was approved by the enforcement agency before January 1, 2030, shall be valid for the full term of the delay that was approved at the time of the initial approval of the application pursuant to paragraph (4).
(b) For purposes of this section, “accessory dwelling unit” has the same meaning as defined in Section 65852.2. (c) This section shall remain in effect only until January 1, 2035, and as of that date is repealed.

SEC. 7. Section 2.5 of this bill incorporates amendments to Section 65852.2 of the Government Code proposed by both this bill and Assembly Bill 2221. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2023, (2) each bill amends Section 65852.2 of the 83 10/14/22, 11:52 AM Bill Text - SB-897 Accessory dwelling units: junior accessory dwelling units. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB897 20/20 Government Code, and (3) this bill is enacted after Assembly Bill 2221, in which case Section 2 of this bill shall not become operative.

SEC. 8. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.
84 10/14/22, 11:53 AM Bill Text - AB-2221 Accessory dwelling units. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB2221 1/15 SHARE THIS:

Date Published: 09/29/2022 02:00 PM
AB-2221 Accessory dwelling units. (2021-2022)

Assembly Bill No. 2221
CHAPTER 650
An act to repeal and amend Section 65852.2 of the Government Code, relating to land use. [ Approved by Governor September 28, 2022. Filed with Secretary of State September 28, 2022. ]

LEGISLATIVE COUNSEL'S DIGEST
AB 2221, Quirk-Silva. Accessory dwelling units.

The Planning and Zoning Law, among other things, provides for the creation of accessory dwelling units by local ordinance, or, if a local agency has not adopted an ordinance, by ministerial approval, in accordance with specified standards and conditions. Existing law requires a local ordinance to require an accessory dwelling unit to be either attached to, or located within, the proposed or existing primary dwelling, as specified, or detached from the proposed or existing primary dwelling and located on the same lot as the proposed or existing primary dwelling.

This bill would specify that an accessory dwelling unit that is detached from the proposed or existing primary dwelling may include a detached garage.

Existing law requires a permitting agency to act on an application to create an accessory dwelling unit or a junior accessory dwelling unit within specified timeframes.

This bill would require a permitting agency to approve or deny an application to serve an accessory dwelling unit or a junior accessory dwelling unit within the same timeframes. If a permitting agency denies an application for an accessory dwelling unit or junior accessory dwelling unit, the bill would require a permitting agency to return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant within the same timeframes. The bill would define “permitting agency” for its purposes.

Existing law authorizes a local agency to establish minimum and maximum unit size requirements for attached and detached accessory dwelling units, subject to certain exceptions, including that a local agency is prohibited from establishing limits on lot coverage, floor area ratio, open space, and minimum lot size, that do not permit the construction of at least an 800 square foot accessory dwelling unit, as specified.

This bill would additionally prohibit a local agency from establishing limits on front setbacks, as described above.

This bill would incorporate additional changes to Section 65852.2 of the Government Code proposed by SB 897 to be operative only if this bill and SB 897 are enacted and this bill is enacted last.

Home Bill Information California Law Publications Other Resources My Subscriptions My Favorites 85 10/14/22, 11:53 AM Bill Text - AB-2221 Accessory dwelling units. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB2221 2/15 By imposing additional duties on local governments in the administration of the development of accessory dwelling units, the bill would impose a state-mandated local program.

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

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

Vote: majority Appropriation: no Fiscal Committee: yes Local Program: yes THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1. Section 65852.2 of the Government Code, as amended by Section 1 of Chapter 343 of the Statutes of 2021, 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 dwelling residential 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 the adequacy of water and sewer services and the impact of accessory dwelling units on traffic flow and public safety. A local agency that does not provide water or sewer services shall consult with the local water or sewer service provider regarding the adequacy of water and sewer services before designating an area where accessory dwelling units may be permitted. (B) (i) Impose standards on accessory dwelling units that include, but are not limited to, parking, height, setback, 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 Historical Resources. These standards shall not include requirements on minimum lot size.
(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) Except as provided in Section 65852.26, the accessory dwelling 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 dwelling residential use and includes a proposed or existing dwelling.
(iii) The accessory dwelling unit is either attached to, or located within, the proposed or existing primary dwelling, including attached garages, storage areas or similar uses, or an accessory structure or detached from the proposed or existing primary dwelling and located on the same lot as the proposed or existing primary dwelling, including detached garages.
(iv) If there is an existing primary dwelling, the total floor area of an attached accessory dwelling unit shall not exceed 50 percent of the existing primary dwelling. (v) The total floor area 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 living area or accessory structure or a structure constructed in the same location and to the same dimensions as an existing structure that is converted to an accessory dwelling unit or to a portion of an accessory dwelling unit, and a setback of no more than four feet from the side and rear lot lines shall be required for an accessory dwelling unit that is not converted from an existing structure or a new structure constructed in the same location and to the same dimensions as an existing structure.
(viii) Local building code requirements that apply to detached dwellings, as appropriate. 86 10/14/22, 11:53 AM Bill Text - AB-2221 Accessory dwelling units. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB2221 3/15 (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 accessory dwelling unit or per bedroom, whichever is less. These spaces may be provided as tandem parking on a driveway.
(II) Off street parking shall be permitted in setback areas in locations determined by the local agency or through tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions.
(III) This clause shall not apply to an accessory dwelling 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, the local agency shall not require that those offstreet parking spaces be replaced. (xii) Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary residence.
(2) The ordinance shall not be considered in the application of any local ordinance, policy, or program to limit residential growth.
(3) (A) A permit application for an accessory dwelling unit or a junior accessory dwelling unit shall be considered and approved 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. The permitting agency shall approve or deny an application to create or serve an accessory dwelling unit or a junior accessory dwelling unit within 60 days from the date the permitting agency receives a completed application if there is an existing single-family or multifamily dwelling on the lot. If the permit application to create or serve an accessory dwelling unit or a junior accessory dwelling unit is submitted with a permit application to create or serve a new single-family or multifamily dwelling on the lot, the permitting agency may delay approving or denying the permit application for the accessory dwelling unit or the junior accessory dwelling unit until the permitting agency approves or denies the permit application to create or serve the new single-family or multifamily dwelling, but the application to create or serve the accessory dwelling unit or junior accessory dwelling unit shall be considered without discretionary review or hearing. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay. If the local agency has not approved or denied the completed application within 60 days, the application shall be deemed approved. A local agency may charge a fee to reimburse it for costs incurred to implement this paragraph, including the costs of adopting or amending any ordinance that provides for the creation or service of an accessory dwelling unit. (B) If a permitting agency denies an application for an accessory dwelling unit or junior accessory dwelling unit pursuant to subparagraph (A), the permitting agency shall, within the time period described in subparagraph (A), return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant. (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 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. If 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 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 delay or denial of a building permit or a use permit under this subdivision.
(6) 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.
87 10/14/22, 11:53 AM Bill Text - AB-2221 Accessory dwelling units. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB2221 4/15 (7) 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. (8) (A) This subdivision establishes the maximum standards that local agencies shall use to evaluate a proposed accessory dwelling unit on a lot that includes a proposed or existing single-family dwelling. No additional standards, other than those provided in this subdivision, shall be used or imposed, except that, subject to subparagraphs (B) and (C), a local agency may require an applicant for a permit issued pursuant to this subdivision to be an owner-occupant.
(B) (i) Notwithstanding subparagraph (A), a local agency shall not impose an owner-occupant requirement on an accessory dwelling unit before January 1, 2025.
(ii) Notwithstanding subparagraph (A), a local agency shall not impose an owner-occupant requirement on an accessory dwelling unit that was permitted between January 1, 2020, and January 1, 2025. (C) Notwithstanding subparagraphs (A) and (B), a local agency may require that an accessory dwelling unit be used for rentals of terms longer than 30 days.
(b) (1) 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 or serve 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). The permitting agency shall either approve or deny the application to create an accessory dwelling unit or a junior accessory dwelling unit within 60 days from the date the permitting agency receives a completed application if there is an existing single-family or multifamily dwelling on the lot. If the permit application to create or serve an accessory dwelling unit or a junior accessory dwelling unit is submitted with a permit application to create a new single-family or multifamily dwelling on the lot, the permitting agency may delay approving or denying the permit application for the accessory dwelling unit or the junior accessory dwelling unit until the permitting agency approves or denies the permit application to create or serve the new single-family or multifamily dwelling, but the application to create or serve the accessory dwelling unit or junior accessory dwelling unit shall still be considered ministerially without discretionary review or a hearing. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay. If the local agency has not approved or denied the completed application within 60 days, the application shall be deemed approved. (2) If a permitting agency denies an application for an accessory dwelling unit or junior accessory dwelling unit pursuant to paragraph (1), the permitting agency shall, within the time period described in subparagraph (1), return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant. (c) (1) Subject to paragraph (2), a local agency may establish minimum and maximum unit size requirements for both attached and detached accessory dwelling units. (2) Notwithstanding paragraph (1), a local agency shall not establish by ordinance any of the following:
(A) A minimum square footage requirement for either an attached or detached accessory dwelling unit that prohibits an efficiency unit.
(B) A maximum square footage requirement for either an attached or detached accessory dwelling unit that is less than either of the following:
(i) 850 square feet.
(ii) 1,000 square feet for an accessory dwelling unit that provides more than one bedroom. (C) Any other minimum or maximum size for an accessory dwelling unit, size based upon a percentage of the proposed or existing primary dwelling, or limits on lot coverage, floor area ratio, open space, front setbacks, and minimum lot size, for either attached or detached dwellings that does not permit at least an 800 square foot accessory dwelling unit that is at least 16 feet in height with four-foot side and rear yard setbacks to be constructed in compliance with all other local development standards. (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 88 10/14/22, 11:53 AM Bill Text - AB-2221 Accessory dwelling units. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB2221 5/15 dwelling unit in any of the following instances:
(1) The accessory dwelling unit is located within one-half mile walking distance 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 onstreet 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) (1) Notwithstanding subdivisions (a) to (d), inclusive, a local agency shall ministerially approve an application for a building permit within a residential or mixed-use zone to create any of the following:
(A) One accessory dwelling unit and one junior accessory dwelling unit per lot with a proposed or existing single-family dwelling if all of the following apply:
(i) The accessory dwelling unit or junior accessory dwelling unit is within the proposed space of a single- family dwelling or existing space of a single-family dwelling or accessory structure and may include an expansion of not more than 150 square feet beyond the same physical dimensions as the existing accessory structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress.
(ii) The space has exterior access from the proposed or existing single-family dwelling. (iii) The side and rear setbacks are sufficient for fire and safety. (iv) The junior accessory dwelling unit complies with the requirements of Section 65852.22. (B) One detached, new construction, accessory dwelling unit that does not exceed four-foot side and rear yard setbacks for a lot with a proposed or existing single-family dwelling. The accessory dwelling unit may be combined with a junior accessory dwelling unit described in subparagraph (A). A local agency may impose the following conditions on the accessory dwelling unit:
(i) A total floor area limitation of not more than 800 square feet. (ii) A height limitation of 16 feet.
(C) (i) Multiple accessory dwelling units within the portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings. (ii) A local agency shall allow at least one accessory dwelling unit within an existing multifamily dwelling and shall allow up to 25 percent of the existing multifamily dwelling units. (D) Not more than two accessory dwelling units that are located on a lot that has an existing multifamily dwelling, but are detached from that multifamily dwelling and are subject to a height limit of 16 feet and four-foot rear yard and side setbacks.
(2) A local agency shall not require, as a condition for ministerial approval of a permit application for the creation of an accessory dwelling unit or a junior accessory dwelling unit, the correction of nonconforming zoning conditions.
(3) The installation of fire sprinklers shall not be required in an accessory dwelling unit if sprinklers are not required for the primary residence.
(4) A local agency may require owner-occupancy for either the primary dwelling or the accessory dwelling unit on a single-family lot, subject to the requirements of paragraph (8) of subdivision (a). (5) A local agency shall require that a rental of the accessory dwelling unit created pursuant to this subdivision be for a term longer than 30 days.
(6) A local agency may require, as part of the application for a permit to create an accessory dwelling unit connected to an onsite wastewater treatment system, a percolation test completed within the last five years, or, if the percolation test has been recertified, within the last 10 years. 89 10/14/22, 11:53 AM Bill Text - AB-2221 Accessory dwelling units. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB2221 6/15 (7) Notwithstanding subdivision (c) and paragraph (1) a local agency that has adopted an ordinance by July 1, 2018, providing for the approval of accessory dwelling units in multifamily dwelling structures shall ministerially consider a permit application to construct an accessory dwelling unit that is described in paragraph (1), and may impose standards including, but not limited to, design, development, and historic standards on said accessory dwelling units. These standards shall not include requirements on minimum lot size.
(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) An accessory dwelling unit shall not be considered by a local agency, special district, or water corporation to be a new residential use for purposes of calculating connection fees or capacity charges for utilities, including water and sewer service, unless the accessory dwelling unit was constructed with a new single-family dwelling.
(3) (A) A local agency, special district, or water corporation shall not impose any impact fee upon the development of an accessory dwelling unit less than 750 square feet. Any impact fees charged for an accessory dwelling unit of 750 square feet or more shall be charged proportionately in relation to the square footage of the primary dwelling unit.
(B) For purposes of this paragraph, “impact fee” has the same meaning as the term “fee” is defined in subdivision (b) of Section 66000, except that it also includes fees specified in Section 66477. “Impact fee” does not include any connection fee or capacity charge charged by a local agency, special district, or water corporation.
(4) For an accessory dwelling unit described in subparagraph (A) of paragraph (1) of 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, unless the accessory dwelling unit was constructed with a new single-family dwelling. (5) For an accessory dwelling unit that is not described in subparagraph (A) of paragraph (1) of 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 square feet or the number of its drainage fixture unit (DFU) values, as defined in the Uniform Plumbing Code adopted and published by the International Association of Plumbing and Mechanical Officials, upon the water or sewer system. This fee or charge shall not exceed the reasonable cost of providing this service.
(g) This section shall supersede a conflicting local ordinance. This section does not limit the authority of local agencies to adopt less restrictive requirements for the creation of an accessory dwelling unit. (h) (1) A local agency 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. After adoption of an ordinance, the department may submit written findings to the local agency as to whether the ordinance complies with this section.
(2) (A) If the department finds that the local agency’s ordinance does not comply with this section, the department shall notify the local agency and shall provide the local agency with a reasonable time, no longer than 30 days, to respond to the findings before taking any other action authorized by this section. (B) The local agency shall consider the findings made by the department pursuant to subparagraph (A) and shall do one of the following:
(i) Amend the ordinance to comply with this section.
(ii) Adopt the ordinance without changes. The local agency shall include findings in its resolution adopting the ordinance that explain the reasons the local agency believes that the ordinance complies with this section despite the findings of the department. (3) (A) If the local agency does not amend its ordinance in response to the department’s findings or does not adopt a resolution with findings explaining the reason the ordinance complies with this section and addressing the department’s findings, the department shall notify the local agency and may notify the Attorney General that the local agency is in violation of state law.
90 10/14/22, 11:53 AM Bill Text - AB-2221 Accessory dwelling units. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB2221 7/15 (B) Before notifying the Attorney General that the local agency is in violation of state law, the department may consider whether a local agency adopted an ordinance in compliance with this section between January 1, 2017, and January 1, 2020.
(i) The department may review, adopt, amend, or repeal guidelines to implement uniform standards or criteria that supplement or clarify the terms, references, and standards set forth in this section. The guidelines adopted pursuant to this subdivision are not subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2.
(j) As used in this section, the following terms mean:
(1) “Accessory dwelling unit” means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. An accessory dwelling unit also includes the following:
(A) An efficiency unit.
(B) A manufactured home, as defined in Section 18007 of the Health and Safety Code. (2) “Accessory structure” means a structure that is accessory and incidental to a dwelling located on the same lot.
(3) “Efficiency unit” has the same meaning as defined in Section 17958.1 of the Health and Safety Code. (4) “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.
(5) “Local agency” means a city, county, or city and county, whether general law or chartered. (6) “Nonconforming zoning condition” means a physical improvement on a property that does not conform with current zoning standards.
(7) “Passageway” means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit.
(8) “Proposed dwelling” means a dwelling that is the subject of a permit application and that meets the requirements for permitting.
(9) “Public transit” means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.
(10) “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.
(11) “Permitting agency” means any entity that is involved in the review of a permit for an accessory dwelling unit or junior accessory dwelling unit and for which there is no substitute, including, but not limited to, applicable planning departments, building departments, utilities, and special districts. (k) A local agency shall not issue a certificate of occupancy for an accessory dwelling unit before the local agency issues a certificate of occupancy for the primary dwelling. (l) 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.
(m) A local agency may count an accessory dwelling unit for purposes of identifying adequate sites for housing, as specified in subdivision (a) of Section 65583.1, subject to authorization by the department and compliance with this division.
(n) In enforcing building standards pursuant to Article 1 (commencing with Section 17960) of Chapter 5 of Part

1.5 of Division 13 of the Health and Safety Code for an accessory dwelling unit described in paragraph (1) or (2), 91 10/14/22, 11:53 AM Bill Text - AB-2221 Accessory dwelling units. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB2221 8/15 a local agency, upon request of an owner of an accessory dwelling unit for a delay in enforcement, shall delay enforcement of a building standard, subject to compliance with Section 17980.12 of the Health and Safety Code:
(1) The accessory dwelling unit was built before January 1, 2020. (2) The accessory dwelling unit was built on or after January 1, 2020, in a local jurisdiction that, at the time the accessory dwelling unit was built, had a noncompliant accessory dwelling unit ordinance, but the ordinance is compliant at the time the request is made.

SEC. 1.5. Section 65852.2 of the Government Code, as amended by Section 1 of Chapter 343 of the Statutes of 2021, 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 dwelling residential 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 the adequacy of water and sewer services and the impact of accessory dwelling units on traffic flow and public safety. A local agency that does not provide water or sewer services shall consult with the local water or sewer service provider regarding the adequacy of water and sewer services before designating an area where accessory dwelling units may be permitted. (B) (i) Impose objective standards on accessory dwelling units that include, but are not limited to, parking, height, setback, 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 Historical Resources. These standards shall not include requirements on minimum lot size. (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) Except as provided in Section 65852.26, the accessory dwelling 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 dwelling residential use and includes a proposed or existing dwelling.
(iii) The accessory dwelling unit is either attached to, or located within, the proposed or existing primary dwelling, including attached garages, storage areas or similar uses, or an accessory structure or detached from the proposed or existing primary dwelling and located on the same lot as the proposed or existing primary dwelling, including detached garages.
(iv) If there is an existing primary dwelling, the total floor area of an attached accessory dwelling unit shall not exceed 50 percent of the existing primary dwelling. (v) The total floor area 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 living area or accessory structure or a structure constructed in the same location and to the same dimensions as an existing structure that is converted to an accessory dwelling unit or to a portion of an accessory dwelling unit, and a setback of no more than four feet from the side and rear lot lines shall be required for an accessory dwelling unit that is not converted from an existing structure or a new structure constructed in the same location and to the same dimensions as an existing structure.
(viii) Local building code requirements that apply to detached dwellings, except that the construction of an accessory dwelling unit shall not constitute a Group R occupancy change under the local building code, as described in Section 310 of the California Building Code (Title 24 of the California Code of Regulations), unless the building official or enforcement agency of the local agency makes a written 92 10/14/22, 11:53 AM Bill Text - AB-2221 Accessory dwelling units. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB2221 9/15 finding based on substantial evidence in the record that the construction of the accessory dwelling unit could have a specific, adverse impact on public health and safety. Nothing in this clause shall be interpreted to prevent a local agency from changing the occupancy code of a space that was unhabitable space or was only permitted for nonresidential use and was subsequently converted for residential use pursuant to this section.
(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 accessory dwelling unit or per bedroom, whichever is less. These spaces may be provided as tandem parking on a driveway.
(II) Off street parking shall be permitted in setback areas in locations determined by the local agency or through tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions.
(III) This clause shall not apply to an accessory dwelling 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, the local agency shall not require that those offstreet parking spaces be replaced. (xii) Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary residence. The construction of an accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling. (2) The ordinance shall not be considered in the application of any local ordinance, policy, or program to limit residential growth.
(3) (A) A permit application for an accessory dwelling unit or a junior accessory dwelling unit shall be considered and approved 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. The permitting agency shall either approve or deny the application to create or serve an accessory dwelling unit or a junior accessory dwelling unit within 60 days from the date the permitting agency receives a completed application if there is an existing single-family or multifamily dwelling on the lot. If the permit application to create or serve an accessory dwelling unit or a junior accessory dwelling unit is submitted with a permit application to create a new single-family or multifamily dwelling on the lot, the permitting agency may delay approving or denying the permit application for the accessory dwelling unit or the junior accessory dwelling unit until the permitting agency approves or denies the permit application to create the new single-family or multifamily dwelling, but the application to create or serve the accessory dwelling unit or junior accessory dwelling unit shall be considered without discretionary review or hearing. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay. If the local agency has not approved or denied the completed application within 60 days, the application shall be deemed approved. A local agency may charge a fee to reimburse it for costs incurred to implement this paragraph, including the costs of adopting or amending any ordinance that provides for the creation of an accessory dwelling unit. (B) If a permitting agency denies an application for an accessory dwelling unit or junior accessory dwelling unit pursuant to subparagraph (A), the permitting agency shall, within the time period described in subparagraph (A), return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant. (4) The ordinance shall require that a demolition permit for a detached garage that is to be replaced with an accessory dwelling unit be reviewed with the application for the accessory dwelling unit and issued at the same time.
(5) The ordinance shall not require, and the applicant shall not be otherwise required, to provide written notice or post a placard for the demolition of a detached garage that is to be replaced with an accessory dwelling unit, unless the property is located within an architecturally and historically significant historic district. (6) 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 shall provide an approval process that includes only 93 10/14/22, 11:53 AM Bill Text - AB-2221 Accessory dwelling units. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB2221 10/15 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. If 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 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.
(7) No other local ordinance, policy, or regulation shall be the basis for the delay or denial of a building permit or a use permit under this subdivision.
(8) (A) This subdivision establishes the maximum standards that local agencies shall use to evaluate a proposed accessory dwelling unit on a lot that includes a proposed or existing single-family dwelling. No additional standards, other than those provided in this subdivision, shall be used or imposed, except that, subject to subparagraphs (B) and (C), a local agency may require an applicant for a permit issued pursuant to this subdivision to be an owner-occupant.
(B) (i) Notwithstanding subparagraph (A), a local agency shall not impose an owner-occupant requirement on an accessory dwelling unit before January 1, 2025.
(ii) Notwithstanding subparagraph (A), a local agency shall not impose an owner-occupant requirement on an accessory dwelling unit that was permitted between January 1, 2020, and January 1, 2025. (C) Notwithstanding subparagraphs (A) and (B), a local agency may require that an accessory dwelling unit be used for rentals of terms longer than 30 days.
(9) 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.
(10) 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) (1) 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 or serve 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). The permitting agency shall either approve or deny the application to create or serve an accessory dwelling unit or a junior accessory dwelling unit within 60 days from the date the permitting agency receives a completed application if there is an existing single-family or multifamily dwelling on the lot. If the permit application to create or serve an accessory dwelling unit or a junior accessory dwelling unit is submitted with a permit application to create or serve a new single-family or multi-family dwelling on the lot, the permitting agency may delay approving or denying the permit application for the accessory dwelling unit or the junior accessory dwelling unit until the permitting agency approves or denies the permit application to create or serve the new single-family or multifamily dwelling, but the application to create or serve the accessory dwelling unit or junior accessory dwelling unit shall still be considered ministerially without discretionary review or a hearing. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay.

If the local agency has not approved or denied the completed application within 60 days, the application shall be deemed approved.
(2) If a permitting agency denies an application for an accessory dwelling unit or junior accessory dwelling unit pursuant to paragraph (1), the permitting agency shall, within the time period described in subparagraph (1), return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant. (c) (1) Subject to paragraph (2), a local agency may establish minimum and maximum unit size requirements for both attached and detached accessory dwelling units. (2) Notwithstanding paragraph (1), a local agency shall not establish by ordinance any of the following:
(A) A minimum square footage requirement for either an attached or detached accessory dwelling unit that prohibits an efficiency unit.
94 10/14/22, 11:53 AM Bill Text - AB-2221 Accessory dwelling units. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB2221 11/15 (B) A maximum square footage requirement for either an attached or detached accessory dwelling unit that is less than either of the following:
(i) 850 square feet.
(ii) 1,000 square feet for an accessory dwelling unit that provides more than one bedroom. (C) Any requirement for a zoning clearance or separate zoning review or any other minimum or maximum size for an accessory dwelling unit, size based upon a percentage of the proposed or existing primary dwelling, or limits on lot coverage, floor area ratio, open space, front setbacks, and minimum lot size, for either attached or detached dwellings that does not permit at least an 800 square foot accessory dwelling unit with four-foot side and rear yard setbacks to be constructed in compliance with all other local development standards.
(D) Any height limitation that does not allow at least the following, as applicable:
(i) A height of 16 feet for a detached accessory dwelling unit on a lot with an existing or proposed single family or multifamily dwelling unit.
(ii) A height of 18 feet for a detached accessory dwelling unit on a lot with an existing or proposed single family or multifamily dwelling unit that is within one-half of one mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code. A local agency shall also allow an additional two feet in height to accommodate a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the primary dwelling unit. (iii) A height of 18 feet for a detached accessory dwelling unit on a lot with an existing or proposed multifamily, multistory dwelling.
(iv) A height of 25 feet or the height limitation in the local zoning ordinance that applies to the primary dwelling, whichever is lower, for an accessory dwelling unit that is attached to a primary dwelling. This clause shall not require a local agency to allow an accessory dwelling unit to exceed two stories. (d) Notwithstanding any other law, and whether or not the local agency has adopted an ordinance governing accessory dwelling units in accordance with subdivision (a), all of the following shall apply:
(1) The local agency shall not impose any parking standards for an accessory dwelling unit in any of the following instances:
(A) Where the accessory dwelling unit is located within one-half mile walking distance of public transit. (B) Where the accessory dwelling unit is located within an architecturally and historically significant historic district.
(C) Where the accessory dwelling unit is part of the proposed or existing primary residence or an accessory structure.
(D) When onstreet parking permits are required but not offered to the occupant of the accessory dwelling unit.
(E) When there is a car share vehicle located within one block of the accessory dwelling unit. (F) When a permit application for an accessory dwelling unit is submitted with a permit application to create a new single-family dwelling or a new multifamily dwelling on the same lot, provided that the accessory dwelling unit or the parcel satisfies any other criteria listed in this paragraph. (2) The local agency shall not deny an application for a permit to create an accessory dwelling unit due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the accessory dwelling unit.
(e) (1) Notwithstanding subdivisions (a) to (d), inclusive, a local agency shall ministerially approve an application for a building permit within a residential or mixed-use zone to create any of the following:
(A) One accessory dwelling unit and one junior accessory dwelling unit per lot with a proposed or existing single-family dwelling if all of the following apply:
95 10/14/22, 11:53 AM Bill Text - AB-2221 Accessory dwelling units. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB2221 12/15 (i) The accessory dwelling unit or junior accessory dwelling unit is within the proposed space of a single- family dwelling or existing space of a single-family dwelling or accessory structure and may include an expansion of not more than 150 square feet beyond the same physical dimensions as the existing accessory structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress.
(ii) The space has exterior access from the proposed or existing single-family dwelling. (iii) The side and rear setbacks are sufficient for fire and safety. (iv) The junior accessory dwelling unit complies with the requirements of Section 65852.22. (B) One detached, new construction, accessory dwelling unit that does not exceed four-foot side and rear yard setbacks for a lot with a proposed or existing single-family dwelling. The accessory dwelling unit may be combined with a junior accessory dwelling unit described in subparagraph (A). A local agency may impose the following conditions on the accessory dwelling unit:
(i) A total floor area limitation of not more than 800 square feet. (ii) A height limitation as provided in clause (i), (ii), or (iii) as applicable, of subparagraph (D) of paragraph (2) of subdivision (c).
(C) (i) Multiple accessory dwelling units within the portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings. (ii) A local agency shall allow at least one accessory dwelling unit within an existing multifamily dwelling and shall allow up to 25 percent of the existing multifamily dwelling units. (D) (i) Not more than two accessory dwelling units that are located on a lot that has an existing or proposed multifamily dwelling, but are detached from that multifamily dwelling and are subject to a height limitation in clause (i), (ii), or (iii), as applicable, of subparagraph (D) of paragraph (2) of subdivision (c) and rear yard and side setbacks of no more than four feet.
(ii) If the existing multifamily dwelling has a rear or side setback of less than four feet, the local agency shall not require any modification of the existing multifamily dwelling as a condition of approving the application to construct an accessory dwelling unit that satisfies the requirements of this subparagraph. (2) A local agency shall not require, as a condition for ministerial approval of a permit application for the creation of an accessory dwelling unit or a junior accessory dwelling unit, the correction of nonconforming zoning conditions.
(3) The installation of fire sprinklers shall not be required in an accessory dwelling unit if sprinklers are not required for the primary residence. The construction of an accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in the existing multifamily dwelling. (4) A local agency may require owner-occupancy for either the primary dwelling or the accessory dwelling unit on a single-family lot, subject to the requirements of paragraph (8) of subdivision (a). (5) A local agency shall require that a rental of the accessory dwelling unit created pursuant to this subdivision be for a term longer than 30 days.
(6) A local agency may require, as part of the application for a permit to create an accessory dwelling unit connected to an onsite wastewater treatment system, a percolation test completed within the last five years, or, if the percolation test has been recertified, within the last 10 years. (7) Notwithstanding subdivision (c) and paragraph (1) a local agency that has adopted an ordinance by July 1, 2018, providing for the approval of accessory dwelling units in multifamily dwelling structures shall ministerially consider a permit application to construct an accessory dwelling unit that is described in paragraph (1), and may impose objective standards including, but not limited to, design, development, and historic standards on said accessory dwelling units. These standards shall not include requirements on minimum lot size.
(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). 96 10/14/22, 11:53 AM Bill Text - AB-2221 Accessory dwelling units. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB2221 13/15 (2) An accessory dwelling unit shall not be considered by a local agency, special district, or water corporation to be a new residential use for purposes of calculating connection fees or capacity charges for utilities, including water and sewer service, unless the accessory dwelling unit was constructed with a new single-family dwelling.
(3) (A) A local agency, special district, or water corporation shall not impose any impact fee upon the development of an accessory dwelling unit less than 750 square feet. Any impact fees charged for an accessory dwelling unit of 750 square feet or more shall be charged proportionately in relation to the square footage of the primary dwelling unit.
(B) For purposes of this paragraph, “impact fee” has the same meaning as the term “fee” is defined in subdivision (b) of Section 66000, except that it also includes fees specified in Section 66477. “Impact fee” does not include any connection fee or capacity charge charged by a local agency, special district, or water corporation.
(4) For an accessory dwelling unit described in subparagraph (A) of paragraph (1) of 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, unless the accessory dwelling unit was constructed with a new single-family dwelling. (5) For an accessory dwelling unit that is not described in subparagraph (A) of paragraph (1) of 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 square feet or the number of its drainage fixture unit (DFU) values, as defined in the Uniform Plumbing Code adopted and published by the International Association of Plumbing and Mechanical Officials, upon the water or sewer system. This fee or charge shall not exceed the reasonable cost of providing this service.
(g) This section shall supersede a conflicting local ordinance. This section does not limit the authority of local agencies to adopt less restrictive requirements for the creation of an accessory dwelling unit. (h) (1) A local agency 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. After adoption of an ordinance, the department may submit written findings to the local agency as to whether the ordinance complies with this section.
(2) (A) If the department finds that the local agency’s ordinance does not comply with this section, the department shall notify the local agency and shall provide the local agency with a reasonable time, no longer than 30 days, to respond to the findings before taking any other action authorized by this section. (B) The local agency shall consider the findings made by the department pursuant to subparagraph (A) and shall do one of the following:
(i) Amend the ordinance to comply with this section.
(ii) Adopt the ordinance without changes. The local agency shall include findings in its resolution adopting the ordinance that explain the reasons the local agency believes that the ordinance complies with this section despite the findings of the department. (3) (A) If the local agency does not amend its ordinance in response to the department’s findings or does not adopt a resolution with findings explaining the reason the ordinance complies with this section and addressing the department’s findings, the department shall notify the local agency and may notify the Attorney General that the local agency is in violation of state law.
(B) Before notifying the Attorney General that the local agency is in violation of state law, the department may consider whether a local agency adopted an ordinance in compliance with this section between January 1, 2017, and January 1, 2020.
(i) The department may review, adopt, amend, or repeal guidelines to implement uniform standards or criteria that supplement or clarify the terms, references, and standards set forth in this section. The guidelines adopted pursuant to this subdivision are not subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2.
97 10/14/22, 11:53 AM Bill Text - AB-2221 Accessory dwelling units. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB2221 14/15 (j) As used in this section, the following terms mean:
(1) “Accessory dwelling unit” means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. An accessory dwelling unit also includes the following:
(A) An efficiency unit.
(B) A manufactured home, as defined in Section 18007 of the Health and Safety Code. (2) “Accessory structure” means a structure that is accessory and incidental to a dwelling located on the same lot.
(3) “Efficiency unit” has the same meaning as defined in Section 17958.1 of the Health and Safety Code. (4) “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.
(5) “Local agency” means a city, county, or city and county, whether general law or chartered. (6) “Nonconforming zoning condition” means a physical improvement on a property that does not conform with current zoning standards.
(7) “Objective standards” means standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal. (8) “Passageway” means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit.
(9) “Permitting agency” means any entity that is involved in the review of a permit for an accessory dwelling unit or junior accessory dwelling unit and for which there is no substitute, including, but not limited to, applicable planning departments, building departments, utilities, and special districts. (10) “Proposed dwelling” means a dwelling that is the subject of a permit application and that meets the requirements for permitting.
(11) “Public transit” means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.
(12) “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.
(k) A local agency shall not issue a certificate of occupancy for an accessory dwelling unit before the local agency issues a certificate of occupancy for the primary dwelling. (l) 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.
(m) A local agency may count an accessory dwelling unit for purposes of identifying adequate sites for housing, as specified in subdivision (a) of Section 65583.1, subject to authorization by the department and compliance with this division.
(n) In enforcing building standards pursuant to Article 1 (commencing with Section 17960) of Chapter 5 of Part

1.5 of Division 13 of the Health and Safety Code for an accessory dwelling unit described in paragraph (1) or (2), a local agency, upon request of an owner of an accessory dwelling unit for a delay in enforcement, shall delay enforcement of a building standard, subject to compliance with Section 17980.12 of the Health and Safety Code:
(1) The accessory dwelling unit was built before January 1, 2020. 98 10/14/22, 11:53 AM Bill Text - AB-2221 Accessory dwelling units. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB2221 15/15 (2) The accessory dwelling unit was built on or after January 1, 2020, in a local jurisdiction that, at the time the accessory dwelling unit was built, had a noncompliant accessory dwelling unit ordinance, but the ordinance is compliant at the time the request is made.

SEC. 2. Section 65852.2 of the Government Code, as amended by Section 2 of Chapter 343 of the Statutes of 2021, is repealed.

SEC. 3. Section 1.5 of this bill incorporates amendments to Section 65852.2 of the Government Code proposed by both this bill and Senate Bill 897. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2023, (2) each bill amends Section 65852.2 of the Government Code, and (3) this bill is enacted after Senate Bill 897, in which case Section 1 of this bill shall not become operative.

SEC. 4. 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.
99 1

STAFF REPORT TO THE CITY COUNCIL
TO: Mayor Walker-Griffin and Members of the City Council VIA: Dante Hall, City Manager
SUBMITTED BY: Tim Rood, Community Development Director
Larissa Alchin, Contract Planner
Christie Crowl, Assistant City Attorney
MEETING DATE: January 10, 2023
SUBJECT: Amendments to Hercules Municipal Code (Table 13-6.1, 13-7.1, 13-12.1 and 13-15.1 and deletion of Sec. 13-35.260) pursuant to Senate Bill 234 the Keeping Kids Close to Home Act and amendments to Hercules Municipal Code (Table 13-6.1, 13-12.1, 13-15.1, and 13-18.1) pursuant to Assembly Bill No. 2162.

RECOMMENDATION
That the City Council:

1. Request staff report;

2. Open the public hearing;

3. Receive comments from the public;

4. Close the public hearing;

5. Request clarification from staff on any issues related to the Ordinance;

6. Waive first reading and introduce amended Ordinance.

FISCAL IMPACT OF RECOMMENDATION:

There are no direct fiscal impacts associated with this item.

BACKGROUND:

California Senate Bill No. 234(SB 234) the Keeping Kids Close to Home Act, effective on January 1, 2020, was passed to address the shortage of child-care options available by streamlining the regulatory process. SB 234 amends Sections 1596.72, 1596.73, 15 96.78, 1597.30, 1597.45, and 100
2 1597.54 of, to add Sections 1597.41, 1597.42, and 1597.455 to, to repeal Section 1597.47 of, and to repeal and add Sections 1597.40, 1597.46, and 1597.543 of, the Health and Safety Code, relating to family daycare homes. The Act prohibits local jurisdictions from requiring small or large family daycare home licensed by the Department of Social Services, Community Care Licensing Division, from having obtain a land use/zoning permit and/or business license for operation.

The Act does the following:

1. Requires that family daycare home operated in accordance with state law be considered a residential use of property.

2. Forbids denying or restricting the leasing, renting or mortgage of family daycare homes.

3. Prohibits local jurisdictions from requiring a business license, fee or tax for all family daycare homes.

4. Requires all small and large family daycare homes be treated as residential uses. Previously, large family daycare homes, defined in Health and Safety Code 1596.78 as homes that provide care for 7 to 14 children, were excluded from this requirement.

California Assembly Bill No. 2162(AB 2162) became effective January 1, 2019, and aims to provide people with stable, affordable places to stay with services that promote housing stability. AB 2162 applies statewide and requires that supportive housing be a use that is permitted by right in zones where multifamily and mixed-use development is permitted. “Supportive housing” means housing with no limit on length of stay, that is occupied by the target population, and that is linked to onsite or offsite services that assist the supportive housing resident in retaining the housing, improving their health status, and maximizing their ability to live and, when possible, work in the community. AB 2162 amends Government Code Section 65583 and adds Code Section 65650 requiring local entities to streamline the approval of housing projects containing a minimum amount of Supportive Housing by providing a ministerial approval process, removing the requi r e m e n t f o r C E Q A a n a l y s i s a n d removing the requirement for Con ditional Use Authorization or o ther similar discretionary entitlements granted by the Planning Commission.

DISCUSSION:

Following guidance from Child Care Law Center, HMC Section 13-35.260 shall be deleted in its entirety in accordance with the Keeping Kids Close to Home Act. The Act deleted language in state law that allowed cities and c ounties to have “reasonable requirements” for large family childcare homes in the areas of spacing & concentration, traffic control, parking, and noise control. Therefore, Hercules must treat all small and large family childcare homes a s a by-right, residential use of property. Small and large family childcare homes must follow the same laws as any other residential home, pursuant to California Health and Safety Code section 1597.42, which states, The use of a home as a family daycare home, operated under the standards of state law, in a residentially zoned area shall be considered a residential use of property for the purposes of all local ordinances, regulations, and rules, and shall not fundamentally alter the nature of the underlying residential use.
and section 1597.45 which states:
101
3 (a) The use of a home as a small or large family daycare home shall be considered a residential use of property and a use by right for the purposes of all local ordinances, including, but not limited to, zoning ordinances.
(b) A local jurisdiction shall not impose a business license, fee, or tax for the privilege of operating a small or large family daycare home.
(c) Use of a home as a small or large family daycare home shall not constitute a change of occupancy for purposes of Part 1.5 (commencing with Section 17910) of Division 13 (State Housing Law) or for purposes of local building codes.
(d) A small or large family daycare home shall not be subject to the provisions of Division 13 (commencing with Section 21000) of the Public Resources Code. (e) The provisions of this chapter do not preclude a city, county, or other local public entity from placing restrictions on building heights, setback, or lot dimensions of a family daycare home, as long as those restrictions are identical to those applied to all other residences with the same zoning designation as the family daycare home. This chapter does not preclude a local ordinance that deals with health and safety, building standards, environmental impact standards, or any other matter within the jurisdiction of a local public entity, as long as the local ordinance is identical to those applied to all other residences with the same zoning designation as the family daycare home. This chapter also does not prohibit or restrict the abatement of nuisances by a city, county, or city and county. However, the ordinance or nuisance abatement shall not distinguish family daycare homes from other homes with the same zoning designation, except as otherwise provided in this chapter. (f) For purposes of this chapter, “small family daycare home or large family daycare home” includes a detached single-family dwelling, a townhouse, a dwelling unit within a dwelling, or a dwelling unit within a covered multifamily dwelling in which the underlying zoning allows for residential uses. A small family daycare home or large family daycare home is where the family daycare provider resides, and includes a dwelling or dwelling unit that is rented, leased, or owned Residential District Land Use Table
During review of Hercules Municipal Code Division II. Zone Districts Regulation, Chapter 13-5 through 13-29, staff identified areas of the land use tables as being inconsistent with state laws SB 234 and AB 2162.

To comply with the requirement that small and large family daycares homes be a by-right, residential use of property, staff has made changes to Land Use Regulation Tables 13-6.1, 13-7.1, 13-12.1 and 13-15.1 to change the requirement for an Administrative Use Permit to a Permitted Use requiring no special permit. Likewise, a distinction between large and small is no longer permitted; therefore, Family Daycare Homes shall replace Small and Large Family Daycare Homes in Land Use Tables.

Family Daycare Homes shall mean “A facility that regularly prov ides care, protection, and supervision for 14 or fewer children, in the provider’s own home, for periods of less than 24 hours per day, while the parents or guardians are away, and is either a large family daycare home or a small family daycare home” as defined by subsection (a) of Health and Safety Code section 1596.78 (see Attachment 1).

Similarly, to comply with requirements of AB 2162 that supportive housing be a use by right in zones where multifamily and mixed uses are permitted, including nonre sidential zones permitting multifamily uses, if the proposed housing development meets specified criteria, Land Use Regulation 102
4 Tables 13-6.1, 13-12.1, 13-15.1, and 13-18.1 shall be changed from an Administrative or Conditional Use Permit requirement to a Permitted Use (see Attachment 1).

ENVIRONMENTAL DETERMINATION
Pursuant to Section 15001 of the California Environmental Quality Act (CEQA) Guidelines, this ordinance is exempt from CEQA in that this ordinance is not a “project” within the meaning of Section 15378 of the CEQA Guidelines, because it is an administrative activity has no potential for resulting in physical change in the environment, as the amendments address the process by how development applications are processed and reviewed and does not itself encourage physical development; and this ordinance is not subject to CEQA under the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment.

RECOMMENDATION:

Approve the proposed ordinance am endments, which, consistent wi th state law requirements, generally accomplish the following:
x Update Hercules Municipal Code pursuant to State law, including:
o Remove requirement for Small and Large Daycare Homes to obtain an Administrative Use Permit.
o Delete HMC Section 13-35.260 as required by State Law. o Remove requirement for supportive housing developments to obtai n an Administrative or Conditional Use Permit in zoning where multifamily and mixed use are permitted.

ATTACHMENTS:

1. Draft Ordinance

2. Senate Bill 234 – Text

3. Assembly Bill 2162 – Text
103
Update HMC to comply with Senate
Bill 234 and Assembly Bill 2162

CITY OF HERCULES CITY COUNCIL MEETING
JANUARY 10, 2023
104
SB 234 the Keeping Kids
Close to Home Act
Effective January 1, 2020, was passed to address the shortage of child-care options available by streamlining the regulatory process for family daycare homes.

Prohibits local jurisdictions from requiring small or large family daycare home licensed by the Department of Social Services, Community Care Licensing Division, from having obtain a land use/zoning permit and/or business license for operation.

1. Requires that family daycare home operated in accordance with state law be considered a residential use of property.

2. Forbids denying or restricting the leasing, renting or mortgage of family daycare homes.

3. Prohibits local jurisdictions from requiring a business license, fee or tax for all family daycare homes.

4. Requires all small and large family daycare homes be treated as residential uses. Previously, large family daycare homes, defined in Health and Safety Code 1596.78 as homes that provide care for 7 to 14 children, were excluded from this requirement.
105
AB 2162 Supportive Housing
Effective January 1, 2019, aims to provide people with stable, affordable places to stay with services that promote housing stability.

Requires that supportive housing be a use permitted by right in zones where multifamily and mixed-use development is permitted. Removing requirements for CEQA analysis, Conditional Use Authorization or other similar discretionary entitlements granted by the Planning Commission. “Supportive housing” means housing with no limit on length of stay, that is occupied by the target population, and that is linked to onsite or offsite services that assist the supportive housing resident in retaining the housing, improving their health status, and maximizing their ability to live and, when possible, work in the community
106
To comply with SB 234 and following guidance from Child Care Law Center HMC Section 13-35.260 is deleted
The Act deleted language in state law that allowed cities and counties to have “reasonable requirements” for large family childcare homes in the areas of spacing & concentration, traffic control, parking, and noise control.

Hercules must treat all small and large family childcare homes as a by-right, residential use of property. A by-right land use is categorized in HMC Land Use Regulation Tables as a Permitted Use (P)
Land Use Regulation Tables 13-6.1, 13-7.1, 13-12.1 and 13-15.1 will be updated to a requirement for an Administrative Use Permit (A) to a Permitted Use (P), requiring no special permit in Residential and Mixed-Use Residential districts.
107
To comply with requirements of AB 2162 that supportive housing be a use by- right in zones where multifamily and mixed uses are permitted, including nonresidential zones permitting multifamily uses, if the proposed housing development meets specified criteria.

Land Use Regulation Tables 13-6.1, 13-12.1, 13-15.1, and 13-18.1 will be changed from an Administrative (A) or Conditional Use Permit (C) requirement to a Permitted Use (P).
108
109
Approve the proposed ordinance amendments, which, consistent with state law requirements, generally accomplish the following:

Update Hercules Municipal Code pursuant to State law, including:
‰Remove requirement for Small and Large Daycare Homes to obtain an Administrative Use Permit. ‰Delete HMC Section 13-35.260 as required by State Law. ‰Remove requirement for supportive housing developments to obtain an Administrative or Conditional Use Permit in zoning where multifamily and mixed use are permitted.

RECOMMENDATION
110
ATT
ACHMENT 1.

ORDIN
ANCE NO. _____

AN

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERCULES AM ENDING
P

ROVISIONS OF HE
RCULES MUNICIPAL CODE (TABLE 13-6.1
, 13-7.1,
13-12.1
AND
13-15.1
AND DELETION OF SEC. 13 -35.260
) PURSUANT TO SENATE BILL 234 THE
K

EEPING K

IDS CLOSE TO HOME ACT AND AMENDMENTS TO HERCULES
M
UNICIPAL CODE (TABLE 13 -6.1,
13-12.1,
13-15.1,
AND 13 -18
.1) PURSUANT TO
ASS
EMBLY BILL NO. 2162 AND F

INDING THAT THIS ORDINANCE IS EXEMPT
F

ROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT

WHE
REAS,
on S
eptember
05, 2019,
Senate Bill 234 wa
s approved by the Governor of State of
C
alifornia and filed with the Secretary of State, a
mending S
ections 1596.72, 1596.73, 1596.78,
1597.30,
1597.45, and 1597.54 of, to add Sections 1597.41, 1597.42, and 1597.455 to, to repe a l
S
ection 1597.47 of, and to repeal and add Sections 1597.40, 1597.46, and 1597.543 of, the Health a
nd Safety Code, relating to family daycare homes; and

WHE
REAS, the
Act prohibits local jurisdictions from requiring small or large family daycare home
lic
ensed by the Department of Social Services, Community Care Licensing Division, from ha
ving obtain a land use/zoning permit and/or business license for operation; and

WHE

REAS, S
eptember 26, 2018,
Assembly Bill 2162 wa
s approved by the Governor of State of
C
alifornia and filed with the Secretary of State, amending Government Code Section 65583 and a
dding C
ode Section 65650 requiring local entities to streamline the approval of housing projects c
ontaining a minimum amount of Supportive Housing by providing a ministerial approval process,
re
moving the requirement for CEQA analysis and removing the requirement for Conditional Use Author
ization or other similar discretionary entitlements.

NOW,

THEREFORE, THE CITY COUNCIL OF THE CITY OF HERCULES DOES HE

REBY ORDA
IN AS FOLLOWS:

S
ECTION 1. RECITALS. The
City Council hereby incorporates the above recitals into this Or
dinance by this reference.

S
ECTION 2. ENVIRONMENTAL REVIEW Unde
r Public Resources Code Section 15001 of
the
California Environmental Quality Act ( C
EQA) Guidelines, this ordinance is exempt from
C
EQA in that this ordinance is not a “project” within the meaning of Section 15378 of the CEQA Guide
lines, because it is an administrative activity has no potential for resulting in physical change in
the environme
nt, as the amendments address the process by how development applications are proc
essed and reviewed and does not itself encourage physical development; and this ordinance is not
subject to CEQA under the general rule that CEQA applies only to projec ts which have the
potential
for causing a significant effect on the environment, as such the adoption of the ordinance
is ex
empt from CEQA.

111
S
ECTION 3. AMENDMENTS

Cha
pter 13-6.

Residential Districts
S
ec. 13-6.
100 S
pecific Purposes.

1. In
addition to the g
eneral purposes listed in Section 13-5.1
00, t
he specific purposes of the residential
di
stricts are to:

A. Res
erve appropriately located areas for f
amily living at a reasonable range of population
de
nsities consistent with the General Plan and sound standards of public health and safety.

B. E
nsure adequate light, air, privacy, and yard/open space for each dwelling unit and protect r
esidents from publi
c safety hazards and other harmful environmental effects.

C. P
reserve as many of the desirable characteristics of single-f amily residential districts as possible
whi
le allowing for associated residential uses such as daycare, rooming and boarding, home occ
upations, second residential units to the extent that substantial adverse impacts are not caused to
adjacent residences.

D. P
romote safe and well-d
esigned neighborhoods and encourage new residential development to ha
ve an internal circulation system, includ
ing pedestrian walkways, bikeways, and access to transit f
acilities. Ensure provision of public services and facilities to support existing and planned r
esidential densities.

E. Res
erve appropriate areas for multifamily dwellings that may be located and de signed to be
c
ompatible with adjacent land uses and residences.

F. E
ncourage development of innovative types of housing, including co-ho using, congregate care
f
acilities, and other types of housing that may provide low cost alternatives to typical market -r ate
ho
using.

G. E
ncourage provision of affordable housing units, especially for single persons, single parents, el
derly and young families. Provide well-d
esigned, well-bu
ilt housing units for low- an
d moderate-
i
ncome households in mixed-de
nsity developments
, including planned developments (PDs),
av
oiding a concentration in any limited area.
112
H. P
rovide additional affordable senior citizen housing. Encourage provision of senior housing by c
onsidering density bonuses up to General Plan maximum where senior pr ojects are desirable and
c
ompatible with special senior needs.

I. A
llow for public and quasi-pu
blic land uses to complement residential development within close ac
cess such as schools, churches and daycare facilities; provided, that substantial adverse im pa cts
s
uch as traffic congestion, increased noise (ambient or episodic) or full use of available on -s treet
pa
rking, or other similar impacts are not caused on nearby residences.

2. T
he additional purposes of each residential zoning district are:

A. RS-E
Res
idential Single-F
amily Estate. To provide sites for estate homes on larger lots to be de
veloped with custom built and individually designed homes with a gross density of 1 or 2 units pe
r acre and a minimum parcel size of one-ha
lf acre. Specific densities are as
signed on the Zoning
Map.

B. RS-L Re
sidential Single-F
amily Low Density. To provide areas for single-f
amily housing on
s
maller lots that will generally be developed as part of a larger planned subdivision where a limited nu
mber of models of varied exteri
or designs are built in a random pattern on individual lots with a gros
s density of 2 to 7 units per acre and a minimum parcel size of 6,000 square feet unless a s
maller lot size is allowed by an approved planned development (PD).

C. RM-L
Residential Mul
tifamily Low Density. To provide sites for low density multifamily housing s
uch as townhouses, condominiums and apartments, and medium density single -f amily housing
tha
t incorporate good design and amenities with a gross density up to 12 units per acre ( m idrange
de
nsity of 9 units per acre). The minimum parcel size for multifamily housing is 3 acres. The m
inimum lot size for single-f
amily housing is 4,000 square feet unless a smaller lot size is allowed b
y an approved planned development (PD).

D. RM-M
Resi
dential Multifamily Medium Density. To provide sites for medium density multifamily ho
using such as townhouses, condominiums and apartments that incorporate good design and am
enities with a gross density of 12 to 30 units per acre (midrange density of 20 un its per acre) and
a m
inimum parcel size of 5 acres.

E. RM-H Res
idential Multifamily High Density. To provide sites for high density multifamily housing, t
ypically located near public transit centers, adequate streets, shopping centers or other high ac
tivi
ty areas and that incorporate good design and amenities with a gross density of 30 to 55 units 113
pe
r acre (midrange density of 42 units per acre) and a minimum parcel size of 15 acres. [Ord. 515 § 2,
2018; ZO § 6.1

00.]
S
ec. 13-6.
200 Re
view of Plans and Genera
l Conditions.

P
lans for all new and expanded development and uses shall be submitted to the Community Dev
elopment Director as per Section 13-4

0.300. T
he following general conditions shall apply to all areas de
signated for residential use within this Chapter.

1. A
ll new and expanded residential development shall apply for an administrative or conditional use pe
rmit. Administrative use permit review of ne
w single-f
amily homes, additions and remodels shall be
l
imited to conformance with development regulations specified or referenced within this Chapter.

2. A
ll new and expanded development except for additions and remodels shall also be subject to Chap
ter 13-42, D
esign Review.

3. Ma
jor residential subdivisions and multifamily projects of 10 units or more shall require a planned de
velopment plan as per Chapt
er 13-48. [Or
d. 515 § 2
, 2018; ZO § 6.2

00.]
S
ec. 13-6.
300 P
erformance Standards.

T
he standard performance standards for development specified in Chapter 13-31 s hall be met. In
ad
dition, the following specific performance standards shall be met:

1. Res
idential streets shall be designed in relation to the need ed capacity and the adjoining housing
pa
tterns while discouraging through traffic on local streets.

2. E
xisting residential structures of architectural or historic significance are to be restored and maintained.

3. Ne
w residential areas shall be designed to
avoid conflict with major streets or thoroughfares, and s
hould provide access to transit facilities to encourage safe and convenient alternatives to the private auto.

4. Mu
ltifamily residential land shall be developed with a balance of open space, lands caping, and
r
ecreational amenities and should be easily accessible to commercial and recreational areas and public tr
ansportation.

5. Up
on reinstitution of the inclusionary housing ordinance, new residential development shall include a m
inimum 10 percent of
the total number of units for affordable housing. No in-l ieu fees will be accepted
b
y the City unless the developer can establish extraordinary circumstances for not providing affordable 114
ho
using or unless an agreement predating the adoption of the 1996 G eneral Plan Amendment provides
oth
erwise.

A
density bonus up to 35 percent over the maximum General Plan designation may be provided, along wi
th the waiver of fees and the relaxation of development standards, in exchange for low income or senior ho
using pr
ovided, as per Section 65
915 of
the California Government Code and Sections 13-
30 .420 t
hrough 13-30
.470 (
Residential Density Bonus). In order to encourag
e the development of lower
i
ncome housing units, the waiver of fees and the relaxation of development standards may be considered b
y the City in return for commitments to provide lower income housing.

6. A
ffordable senior housing projects with density bon
uses up to General Plan maximum are allowed
where d
esirable and compatible with special senior needs. Such projects shall only be allowed where the s
ize of the structure and style of architecture are compatible with the surrounding neighborhood.

7. T
he use o
f solar systems, both active and passive designs, is encouraged in new residential de
velopment. [Ord. 515 § 2
, 2018; Ord. 484 § 1
3, 2015; ZO § 6.
300.]
S
ec. 13-6.
400 La
nd Use Regulations.

A
ll new and expanded development and uses that are allowed in the r esidential zoning districts are
i
dentified in Table 13-6.

1. The following uses may be permitted in the designated residential zoning di
stricts subject to compliance with Chapter 13-49 an
d approval by the Community Development Director.

Us
e permits, administrative or conditional, are required for all new and expanded residential de
velopment.

S
ingle story detached accessory structures under 8 feet tall and 12 0 square feet total area for the site are
ex
empt from use permit requirements in the (RS-E
, RS-L a
nd RM-L) d
istricts. Minor utilities such as
pu
blic street lighting and traffic signals, electrical distribution lines, telephone lines, cable lines, and under
ground water, sewer and drainage mains and pipes that are necessary to support legally es
tablished uses are exempt from use permit requirements in all residential districts. [Ord. 515 § 2, 2018;
Z
O § 6.4

00.]
S
ec. 13-6.
500 P
roperty Development Regulations.

T
he development regulations presented in Table 13-6
.2 establish basic site and design requirements for
r
esidential zoning districts. All regulation standards are minimum amounts unless otherwise s tat ed.
115
T
able 13-6
.1 Land Use Regulations: Residential D
istrict

RS-E RS-L RM-L RM-M RM-H S
ee Also
R
esidential
S
ingle-F
amily Home A A C C —
D
uet (Single-F
amily Attached) — — A A —
D
uplex — — A A —
M
ultifamily Dwelling — — C C C
T
ownhouse/Condominium — — C C C
Tw
o-U
nit Development P P — — — S
ection 13-36
M
obile Home A A A A —
A
ccessory Uses and Structures A(1) A(1) A(1) A A S
ection 13-
3 5.210

R
ooming and Boarding Houses (4 or
l
ess people)
A A A C —
R
ooming and Boarding Houses (5 or
m
ore people)
— — C C —
S
mall F
amily Daycare Homes (6
or
l
ess children1
4 or fewer children)

A P A P A P A P A P S
ection 13-
3 5.260

L
arge Family Daycare Homes (7 to
1 4 children)

A A A A A S
ection 13-
3 5.260

A
ccessory Dwelling Unit P P P P P S
ection 13-
3 5.320

S
enior Housing C C C C C
E
mergency Shelter — — — — —
S
ingle-R
oom Occupancy Units — — — — —
S
upportive Housing (Apartment
Ty
pe)
— — C P C P C P
116
T
able 13-6
.1 Land Use Regulations: Residential D
istrict

RS-E RS-L RM-L RM-M RM-H S
ee Also
S
upportive Housing (Residential
C
are Facility Small Type)

A A A P A P P
S
upportive Housing (Residential
C
are Facility Large Type)
— — P C P C P
R
esidential Care Facility (6 or fewer
r
esidents)
A A A A —
R
esidential Care Facility (
7+
r
esidents)
— — — C C
T
ransitional Housing (Apartment
Ty
pe)
— — A A C
T
ransitional Housing (Residential
C
are Facility Small Type)
A A C C —
T
ransitional Housing (Residential
C
are Facility Large Type)

A A C C C
C
ommercial Uses
H
ome O
ccupation A A A A A
B
ed and Breakfast Inns C C C C —
P
ublic and Quasi-P
ublic Uses
C
lubs and Lodges — — C C C
L
ibraries, Museums and Galleries — — C C C
P
ark and Recreation Facilities A A A A A
P
ublic Safety Facilities A A A A A
R
eligious Assembly C C C C C
S
chools, Public or Private C C C C —
117
T
able 13-6
.1 Land Use Regulations: Residential D
istrict

RS-E RS-L RM-L RM-M RM-H S
ee Also
U
tility Facilities C C C C —

K
ey to Land Use Regulations
P P
ermitted Use
A A
dministrative Use Permit Required
C C
onditional Use Permit Required
DR D
esign Review R
equired
— U
se Not Allowed
(1)S
ingle story detached accessory structures under 120 square feet total on site are exempt from use p
ermit requirements.

T
able 13-6.2 P
roperty Development Regulations: Residential District

RS-E RS-L RM-L RM-M RM-H
S
ee
A
lso

S
ite Area (acres) — — 3 5 15
D
ensity (Units/Acre)
R
ange 1 t
o 2(1) 2 t
o 7 up
to 12 12
to 30 30
to 55
M
idrange — — 9 20 42

Lo
t Size (sq ft) 1/2
acre(1)
6,000(2) 3,000(
2, 3) 3,000(2) 3,000(2)
Lo
t Frontage (ft) 45 30 [
200 for multifamily, 30 for
other
]

Lo
t Depth (ft) 200(4) 100 [
200 for multifamily, 80 for
other
]

Lo
t Width (ft) 100 60(5) [
200 for multifamily, 35(5) f
or
other
]

118
T
able 13-6.2 P
roperty Development Regulations: Residential District

RS-E RS-L RM-L RM-M RM-H
S
ee
A
lso

S
etbacks
Front
(ft) 20 20 15 15 15
R
ear (ft) 25 15 15 15 15
S
ide (ft) 15 5 15(6) 15(6) 15(6)
C
orner Side (ft) 20 15 15 15 15
M
aximum Site Coverage 20% 50% 60% 60% 60%
U
sable Open Space Per
D
welling Unit (sq ft)
— — 1,000 300 300 S
ection 13-
30 .800
B
uilding Height (ft) 35 35 45(7) 60 90
P
arking C
hapter 13-
32 K
ey to Land Use Regulations
(1) M
aximum density and minimum lot size as designated on zoning map for 1 or 2 units per acre de
nsity and corresponding 1 acre or 0.5 acre minimum lot size. (2) M
inimum lot size unless a smaller lot size is allowed by an approved planned development pl
an.
(3) M
inimum lot size for single-f
amily housing is 4,000 square feet unless a smaller lot size is al
lowed by an approved planned development plan.
(4) M
inimum lot depth unless area is designated for 2 units per acre, then 150-f oot minimum depth
ap
plies.
(5) M
inimum lot width for corner lots, add 10 feet.
(6) M
inimum side setback unless smaller setback is allowed by an approved planned development pl
an.
(7) M
aximum height for single-f
amily housing and duets/duplexes is 35 feet.

119
Cha
pter 13-7.

P-M-H Mo
bile Home Park District
S
ec. 13-7.
100 S
pecific Purposes.

In
addition to the general purposes listed in Section 13-5.100, the specific purposes of the m
obile home
pa
rk district are to:

1. Res
erve appropriately located areas for mobile home parks.

2. P
rovide for reasonable densities consistent with sound standards of public health and safety.

3. A
ssure adequate light, air, privacy and open space for each m obile home coach.

4. P
rovide for adequate open space, landscaped areas, and community recreation.

5. E
stablish standards for mobile home park traffic circulation and parking facilities. [Ord. 515 § 2, 2018;
Z
O § 7.1

00.]
S
ec. 13-7.200 Re
view of Plans and Ge
neral Conditions.

P
lans for all new and expanded development and uses shall be submitted to the Community Dev
elopment Director as per Section 13-4

0.300. T
he following general conditions shall apply to all areas de
signated for mobile home park use within this Chapter.

1. A
ll new and expanded residential development shall apply for an administrative or conditional use pe
rmit. Administrative use permit rev
iew of new mobile homes, additions and remodels shall be limited to c
onformance with development regulations specified or referenced within this Chapter.

2. A
ll new and expanded development except for additions and remodels shall also be subject to Chap
ter 13-42, D
esign Review.

3. Mo
bile home parks shall require a planned development plan as per Chapter 13-48. [Or d. 515 § 2,
20 18; ZO § 7
.200.]
S
ec. 13-7.300 P
erformance Standards.

T
he standard performance standards for development specified in Chapter 13-31 s hall be met. In
ad
dition, the following specific performance standards shall be met:

1. Res
idential streets shall be designed in relation to the needed cap acity and the adjoining housing
pa
tterns while discouraging through traffic on local streets.

2. Ne
w residential areas shall be designed to avoid conflict with major streets or thoroughfares, and s
hould provide access to transit facilities to encourage saf e and convenient alternatives to the private
auto.

3. Mo
bile home parks shall be developed with a balance of open space, landscaping, and recreational am
enities and should be easily accessible to commercial and recreational areas and public tr
ansportation.

4. E
ach mobile home shall be equipped with skirting, or provided with a support pad which is recessed to gi
ve the appearance of the mobile home being located on grade.

5. A
common recreation area which should include a recreation building shall be provi de d within the park
f
or the use of all residents and their guests. A total of 200 square feet of common recreation area shall be prov
ided for each mobile home space.
120

6. La
ndscaping and Screening.

A. T
he exterior boundaries of the mobile home park shall appea r similar to planned residential
de
velopments and shall be compatible in design with any neighboring residential areas, and shall be s
creened by a decorative wall or fence with a minimum 5-f oot-wi
de landscaped area provided along the
i
nterior of the wall or f
ence.

B. A
10-f
oot landscaped area between any adjoining public street or property and the screening wall or f
ence shall be provided.

C. O
ne tree shall be provided for each mobile home coach in addition to landscaping in common r
ecreation areas or lands
caped buffers.

D. A
ll areas not used for access, parking, circulation, structures, and services shall be completely and pe
rmanently landscaped and the entire site shall be maintained in good condition.

7. No s
ign, outdoor advertising structure, or display
of any character shall be permitted except as
pres
cribed in the provisions regulating signs. [Ord. 515 § 2, 2018; ZO § 7.3

00.]
S
ec. 13-7.400 L
and Use Regulations.

A
ll new and expanded development and uses that are allowed in the mobile home park district are i
dentified in Table 13-7.

1. The following uses may be allowed subject to compliance with Chapter 13- 49 a
nd approval by the Community Development Direc
tor. Use permits, administrative or conditional, are
r
equired for all new and expanded mobile home park development.

S
ingle story detached accessory structures under 100 square feet and 10 feet tall are exempt from use pe
rmit requirements in the mobile hom
e park district. Minor utilities such as public street lighting and tr
affic signals, electrical distribution lines, telephone lines, cable lines, and underground water, sewer and drai
nage mains and pipes that are necessary to support legally established u s es are exempt from use
pe
rmit requirements.

T
able 13-7.1 L
and Use Regulations: P-M-H M
obile Home Park District

P-M-H S
ee Also
R
esidential Uses
M
obile Home Park C
M
obile/Manufactured Home A
S
mall Fa
mily Daycare Home (8 o
r less children 1
4 or
f
ewer children)
A P S
ection 13-35
.260
La
rge Family Daycare Home (7 to 14 children) A S
ection 13-35
.260
C
aretaker and Employee Units A

A
ccessory Uses and Structures A(1)
121
T
able 13-7.1 L
and Use Regulations: P-M-H M
obile Home Park District

P-M-H S
ee Also

K
ey to Land Use Regulations
P P
ermitted Use
A A
dministrative Use Permit Required
C C
onditional Use Permit Required
— U
se Not Allowed
(1)Fa
cility or use is directly related to the primary use of site. [
Ord. 515 § 2, 2018; Z
O § 7.400.]K
S
ec. 13-7.500 P
roperty Development Regulations.

T
he de
velopment regulations presented in Table 13-7
.2 establish basic site and design requirements for
r
esidential zoning districts. All regulation standards are minimum amounts unless otherwise stated.

T
able 13-7.2 P
roperty Development Regulations: P-M-H Mobile Ho
me Park District

P-M-H S
ee Also
S
ite Area (ac) 20
D
ensity (Units/Acre) 7
Lo
t Size (sq ft) (
PDP)
Lo
t Frontage (ft) (
PDP)
Lo
t Depth (ft) (
PDP)
S
etbacks(1)
Front
(ft) 15
R
ear (ft) 15
S
ide (ft) 15
C
orner Side (ft) 15
122
T
able 13-7.2 P
roperty Development Regulations: P-M-H Mobile Ho
me Park District

P-M-H S
ee Also
D
istance Between Units 10
M
aximum Site Coverage 70%
La
ndscaping Minimum (
PDP)
B
uilding Height 30
feet
P
arking C
hapter 13-32
C
ommon recreational area/Usable open
spa
ce
20 0 sq ft per unit
K
ey to Land Use Regulations
(1) M
inimum setbacks unless lesser setbacks are approved as par t of a planned
de
velopment plan.
(
PDP) A
s per an approved planned development plan.

Chapt
er 13-12.

HTC Historic Town Center District
S
ec. 13-12.100 S
pecific Purposes.

1. In
addition to the general purposes listed in Section 13-5.1 00, t
he specific purposes of the HTC historic
to
wn center district are to:

A. P
reserve the historic design and character of the area’s buildings and a llow the reuse of existing
s
tructures, where appropriate, such as the Clubhouse which is to be retained as a community center.

B. A
llow the addition of new buildings while maintaining the architectural quality of the area.

C. P
romote the development of Rai
lroad Avenue into the “Main Street” of the historic town center district.

D. P
rovide for a variety of professional, administrative and personal service offices as well as retail bu
sinesses that support the offices and provide services and goods to visitor s of the adjacent waterfront
area.

E. A
llow for multifamily dwellings in areas separated from Railroad Avenue by existing or planned bu
ildings if compatible with adjacent existing and planned development.

F. Inc
orporate visual and physical access to the Ba
y shoreline within project designs.

G. E
stablish view corridors and viewpoints to protect and promote views to the Bay. 123

2. T
he additional purposes of the historic town center zoning district are:

A. HT
C Historic Town Center. To permit a wide range of off
ice and administrative uses along with
s
upporting retail commercial uses while retaining the historic character of the area. To also allow for m
ultifamily residential uses if compatible with existing and planned development. New development is t
ypically to
be 1 to 3 stories in height, with a FAR of 0.15 to 0.40 (typical FAR of 0.20) and a residential de
nsity of up to 17 units per acre with no more than 40 units to be developed within the district. [Ord. 515 § 2,
2018; ZO § 12
.100.]
S
ec. 13-12.200 Re
view of
Plans and General Conditions.

P
lans for all new and expanded development and uses shall be submitted to the Community Dev
elopment Director as per Section 13-4

0.300. T
he following general conditions shall apply to all areas de
signated HTC Historic Town Center.

1. A
ll new and expanded commercial and office development shall be subject to Chapter 13-42, D esign
Rev
iew, and if over 1 acre shall be subject to Chapter 13-48, Planned Development.

2. A
ll new an
d expanded uses shall be consistent with an adopted planned development plan for the propert
y and shall require an administrative or conditional use permit. Open space areas with natural areas
and passive use on lawn areas and trails are permitted without b eing subject to use permit
ap
proval.

3. A
ll new and expanded residential development shall be subject to Chapter 13-42, Des ign Review, and
to
Chapter 13-48, P
lanned Development. [Ord. 515 § 2,
2018; ZO § 12
.200.]
S
ec. 13-12.300 P
erformance Standards.

T
he standard performance standards for development speci fied in Chapter 13-31 s
hall be met. In
ad
dition, the following specific performance standards shall be met:

1. Des
ign guidelines addressing building archi
tecture, historic design styles and elevations, and
c
ompatible fencing, landscaping, lighting, and accessory structures shall be prepared prior to approval of ne
w and expanded development within this district. All new and expanded development shall comply wi th
the
adopted design guidelines for the site.

2. L
ight and Glare. Structures should use nonreflective surfaces, and night lighting is to be designed to m
inimize glare within the historic district.

3. P
edestrian Trail. Public access along the existing pe
destrian trail shall be maintained.

4. S
oils and Geology. Where possible, development of buildings over areas of Bay Mud should be av
oided. Development shall meet all requirements of geology and soils reports.

5. No
ise. Predrilling shall be required for dr
iving piles in the historic area. [Ord. 515 § 2
, 2018; ZO
§ 12
.300.]
S
ec. 13-12.400 L
and Use Regulations.

A
ll new and expanded development and uses that are allowed in the HTC historic town center zoning di
strict are identified in Table 13-1

2.1. These uses
may be permitted in the HTC historic town center
z
oning district subject to compliance with Chapter 13-49 an d approval by the Community Development
Di
rec
tor. [Ord. 515 § 2
, 2018; ZO § 1

2.400.]
S
ec. 13-12.500 P
roperty Development Regulations.
124
T
he property development regulations presented in Table 13-1

2.2 establish basic site and design
r
equirements for the HTC historic town center zoning district. All regu lation standards are minimum
am
ounts unless otherwise stated.

T
able 13-12.1 L
and Use Regulations: HTC Historic Town Center
H
TC S
ee Also
C
ommercial Uses
R
etail Stores
2,000 s
q ft or less A
M
ore than 2,000 sq ft C
G
rocery an
d/or Liquor C
H
ome Occupation A
B
ed and Breakfast Inn/Hotel C
O
utdoor Retail Sales and Services
P
ermanent C
T
emporary A
R
ecreation and Entertainment C
R
estaurants, Delicatessens and Bars A
W
ith Liquor S
ervice C
S
ervices and Offices
B
anks and Other Financial Services A
B
usiness and Personal Services A
B
usiness and Professional Offices A
R
esidential Uses
C
aretaker, Guest and Employee Housing A
M
ultifamily D
welling A
125
T
able 13-12.1 L
and Use Regulations: HTC Historic Town Center
H
TC S
ee Also
T
ownhouse/Condominium A
P
lanned Unit Development A
R
ooming and Boarding Houses C
S
mall Fa
mily Daycare Home (8 o
r less
chi
ldren 14
or fewer children)
A P S
ection 13-
35 .260

La
rge Family Daycare Home (7 to 14
chi
ldren)
A S
ection 13-
35 .260

S
enior Housing C
S
ingle-R
oom Occupancy Units C
S
upportive Housing (Apartment Type) A P
T
ransitional Housing (Apartment Type) A
P
ublic and Quasi-P
ublic Uses
D
aycare Facilities (for employees, v
isitors
an
d passengers)
A
G
overnment Offices A
Li
braries, Museums and Galleries A
P
ark and Recreation Facilities A
P
ublic Safety Facilities C

A
ccessory Uses and Structures A(1)

K
ey to Land Use Regulations
P P
ermitted Use
126
T
able 13-12.1 L
and Use Regulations: HTC Historic Town Center
H
TC S
ee Also
A A
dministrative Use Permit Required
C C
onditional Use Permit Required
(1) Fa
cility or use is directly related to the primary use of site.

T
able 13-12.2 P
roperty Development Regulations: HTC Historic Town Center H
TC S
ee A
lso
S
ite Area (sf) —
D
ensity (FAR)(1)
R
ange 0.15
to 0.40
T
ypical 0.20
D
ensity (du/ac) 17(1)
Lo
t Size (sq ft) 5,000(2)
Lo
t Frontage (ft) 50(2)
Lo
t Depth (ft) 100(2)
S
etbacks
Front
(ft) 10(3)
R
ear (ft) 20(3)
S
ide (ft) 5(3)
C
orner Side (ft) 10(3)
M
aximum Site Coverage 40%
La
ndscaping Minimum 10%
127

T
able 13-12.2 P
roperty Development Regulations: HTC Historic Town Center H
TC S
ee A
lso
B
uilding Height (ft) 35
P
arking (
PDP) C
hapter 13-32
S
ignage (
PDP) C
hapter 13-34

K
ey to Land U
se Regulations
(
1) FA
R does not apply to residential development, density subject to 40 unit maximum w
ithin HTC district.
(
2) Le
sser lot size and dimensions may be accepted in an approved planned development pl
an.
(
3) Le
sser setbacks may be accepted i
n an approved planned development plan.
(PDP) O
r as per an approved planned development plan.
[
Ord. 515 § 2, 2018; Ord. 484 § 5, 2015; ZO § 12.500.]
Chapt
er 13-15.

PC-R P
lanned Commercial Residential
Mixed-U
se District
S
ec. 13-15.100 S
pecific Purposes.

In
addition to the general purposes listed in Section 13-5.100, the specific purposes of the PC-R p
lanned
c
ommercial residential mixed-us
e district are to:

1. P
rovide the opportunity to accommodate both residential and commercial uses in a well planned m
ixed-us
e development.

2. P
rovide the opportunity for an integrated mixture of residential and commercial employment generating us
es within the same structure or s
ite.

3. A
llow lower cost live-wor
k opportunities for start-up
commercial enterprises and other smaller scale
po
int of sale enterprises that are compatible with the residential and commercial uses within the building or s
ite.

4. P
rovide the opportuni
ty for upper floor residential over ground floor commercial uses.

5. E
ncourage mixed-us
e development that could minimize vehicle use. [Ord. 515 § 2, 2018; Ord. 451 § 2
(
Exh. B), 2009; ZO § 15
.100.]
128
S
ec. 13-15.200 Re
view of Plans and General Conditions.

Pla
ns for all new and expanded development and uses shall be submitted to the Community Dev
elopment Director as per Section 13-4

0.300. T
he following general
conditions shall apply to all areas
de
signated PC-R P
lanned Commercial Residential.

1. A
ll new and expanded development shall be subject to Chapter 13-42, D esign Review and Chapter 13-
48,
Planned Development.

2. A
ll new and expanded uses shall be consistent with an adopted planned development plan for the propert
y and shall require an administrative or conditional use permit. Subdivision or partial development of
any properties within this district shall not be approved until a planned development plan for full de
velopment of the property has been review
ed and approved.

3. Com
mercial structures and uses are to be located and designed as a unified development, which may r
esemble a shopping center, a shopping mall, or a traditional downtown shopping street (“Main Street”).

4. De
velopment is to be carefully p
lanned to insure that benefits of mixed-us
e development are fully
r
ealized and the potential negative impacts of one use on another are minimized.

5. A
s an incentive to develop commercial and residential uses within the same building or site, the al
lowed r
esidential development density of 40 units per acre may be added to the allowed nonresidential de
nsity of 0.20 to 4.0 FAR.

6. A
mixed-us
e commercial and residential development is to provide a balance of open space, l
andscaping, recreation, and transit ac
cess.

7. A
dequate parking shall be provided on site that takes into account the different peak parking demand pe
riods of residential and employment activities.

8. T
he facility should be designed to use parking areas, garages and landscaping as buffers for no ise,
l
ight and glare. [Ord. 515 § 2,
2018; Ord. 451 § 2 (Ex
h. B), 2009; ZO § 1

5.200.]
S
ec. 13-15.300 P
erformance Standards.

T
he standard performance standards for development specified in Chapter 13-31 s hall be met. In
ad
dition, the following specific performance standards shall be met:

1. L
ive-W
ork Area. A minimum of 600 square feet of living area including bathroom, kitchen and sleeping area i
s to be pr
ovided within each live-wor
k unit.

2. Us
able Open Space. A minimum of 50 square feet of private or common usable open space shall be prov
ided for every live-wor
k unit. A minimum of 100 square feet of private or common usable open space s
hall be provided for e
very residential unit. This may be provided on outdoor landscaped areas open to priv
ate or common access, or as decks, balconies, porches, recreation facilities, or rooftop open space.

T
he open spaces shall be designed and oriented to minimize wind expos ure and maximize sun exposure.

3. V
entilation. Live-w
ork units are to have an adequate ventilation system to serve the range of uses that c
ould be allowed. Each live-w
ork unit is to have at least 1 standard size window that can be opened to the ou
tside.

4. No
ise Insulation. Residential and live-wor
k units are to have adequate noise insulation and are to att
enuate noise levels to 50 dBA or better within the living area of the unit from the noise levels generated b
y the range of uses that could be allowed in
adjacent units and buildings.

5. L
ight and Glare. Night lighting shall be located and designed to minimize glare on the residential uses wi
thin and adjacent to the site. [Ord. 515 § 2,
2018; Ord. 451 § 2 (Ex
h. B), 2009; ZO § 15
.300.]
129
S
ec. 13-15.400 L
and Use
Regulations.

A
ll new and expanded development and uses that are allowed in PC-R p lanned commercial residential
m
ixed-us
e district are identified in Table 13-15
.1. These uses may be subject to compliance with
Chap
ter 13-49 a
nd approval by the Community Development Director.

O
ther uses of a commercial nature that can benefit from a live-w ork arrangement, or that can be shown to
be
compatible with the commer
cial and residential uses, and commercial uses that provide needed goods an
d services to nearby residential uses and that can be shown to be compatible with the residential uses i
n close proximity, or contribute to creating a functional residential neighbo rhood that has convenient
ac
cess to commercial facilities, may be allowed pending approval of a conditional use permit. [Ord. 515 § 2,
2018; Ord. 451 § 2 (
Exh. B), 2009; ZO § 15
.400.]
S
ec. 13-15.500 P
roperty Development Regulations.

T
he property developmen
t regulations presented in Table 13-1

5.2 establish basic site and design
r
equirements for the in PC-R pl
anned commercial residential mixed-us
e district. All regulation standards
are m
inimum amounts unless otherwise stated.

T
able 13-15.1 L
and Use Regulation
s: PC-R
Planned Commercial Residential Mixed-Use

Distr
ict
PC-R S
ee Also
C
ommercial Uses
H
ome Occupation A
R
ecreation and Entertainment C
R
etail Sales
O
utdoor Sales C
R
etail Stores
2,000 s
q ft or less A
M
ore t
han 2,000 sq ft C
R
estaurants and Delicatessens A
W
ith Liquor Service C
S
hopping Centers C
S
ervices and Offices
A
thletic Clubs C
130
T
able 13-15.1 L
and Use Regulation
s: PC-R
Planned Commercial Residential Mixed-Use

Distr
ict
PC-R S
ee Also
B
usiness Services A
H
otel C
O
ffices and Banks A
P
ersonal Services A

R
esidential Uses
A
ccessory Dwelling Unit A S
ection 13-35
.320
C
aretaker, Manager and Employee Housing A
S
mall Fa
mily Daycare Home (8 o
r less chi
ldren 1
4 or
f
ewer children)
A P S
ection 13-35
.260
La
rge Family Daycare Homes (7 to 14 children) A S
ection 13-35
.260
Li
ve-W
ork Units A
M
ultifamily Dwellings A
T
ownhouse/Condominiums A
P
lanned Unit Development A
S
upportive Housing (Apartment Type) A P
T
ransitional Housing (Apartment Type) A

P
ublic and Quasi-P
ublic Uses
D
aycare Facilities (for employees and visitors) A
G
overnment Offices A
131
T
able 13-15.1 L
and Use Regulation
s: PC-R
Planned Commercial Residential Mixed-Use

Distr
ict
PC-R S
ee Also
Li
braries, Museums and Galleries A
P
ublic Safety Facilities A
U
rgent Medical Care C
U
tility Facilities C

A
ccessory Uses and Structures A(1)

K
ey to Land Use Regulations
P P
ermitted Use
A A
dministrative Use Permit Required
C C
onditional Use Permit Required
(1)Fa
cility or
use is directly related to the primary use of site.

T
able 13-15.2 P
roperty Development Regulations: PC-R
Planned Commercial Residential
M
ixed-Use
District
PC-R S
ee Also
S
ite Area (sf) —
D
ensity (FAR)(1)
R
ange 0.20
to 4.0
T
ypical 2.0
132

T
able 13-15.2 P
roperty Development Regulations: PC-R
Planned Commercial Residential
M
ixed-Use
District
PC-R S
ee Also
D
ensity (du/ac) 40(5)
Lo
t Size (sq ft) (
PDP)
Lo
t Frontage (ft) (
PDP)
Lo
t Depth (ft) (
PDP)
S
etbacks
Front
(ft) 10(2)
R
ear (ft) 10(2)
S
ide (ft) 0(2)
C
orner Side (ft) 10(2)
M
aximum S
ite Coverage (
PDP)
La
ndscaping Minimum 10%
U
sable Open Space (sq ft/unit) 50
/100(3) S
ection 13-15
.300
B
uilding Height (ft) 40
/50/65(4)
P
arking (
PDP) C
hapter 13-32
S
ignage (
PDP) C
hapter 13-34

K
ey to Land Use Regulations
(
1) FA
R does not apply to residential development.
(
2) Le
sser setbacks may be accepted in an approved planned de velopment plan.
133

T
able 13-15.2 P
roperty Development Regulations: PC-R
Planned Commercial Residential
M
ixed-Use
District
PC-R S
ee Also
(
3) 50
square feet/unit for live-w
ork, 100 square feet/unit for residential.
(
4) 50
feet height allowed for combined commercial and residential uses within a structure; f
or major frontages along Sycamore Avenue and San Pablo Avenue, a ma ximum height
o
f 65 feet is allowed only if approved in a PDP adopted pursuant to Chapter 13-48. (
5) A
maximum density of 80 units per acre is permitted f
or the Town Centrale project on
S
ycamore Avenue as an approved planned development plan. (PDP) A
s per an approved planned development plan.
[
Ord. 515 § 2, 2018; Or
d. 506 § 5, 2018; Or
d. 484 § 6, 2015; Or
d. 472 § 1 (
Att. 1), 2012; Ord.
451 § 2 (E
xh. B), 2009; Z
O § 15.500.]
Chapt
er 13-18.

NTC New Town Center District
S
ec. 13-18.100 S
pecific Purposes.

T
he specific purposes of the proposed NTC zone are listed as follows:

1. Cr
eate a transit-orie
nted town center consisting of a relatively dense pattern of bu ilding in the center of
to
wn and a mix of residential, commercial, office, and public and quasi-p ublic uses.

2. Cr
eate an interconnected network of pedestrian-or
iented streets, blocks, and publicly accessible open
s
paces.

3. E
stablish commercial and retai
l development in the area around Sycamore and San Pablo Avenues an
d along SR 4.

4. Cr
eate a vibrant, urbanized place for shopping, working, and living at the core of Hercules.

5. Cr
eate a mix of neighborhood-s
erving retail and commercial uses around 1 or m
ore new town squares.

6. De
velop according to principles of transit-or
iented development and urban design identified in the
Cent
ral Hercules Plan Regulating Code (see Chapter 13-28).

7. E
ncourage development that promotes walking, biking, and transit use.

8. P
rovide transit users with opportunities to reduce vehicular travel by creating opportunities to purchase go
ods and services at or near transit stations
.

9. P
romote transit by providing attractive and convenient multiple-us e transit stations or centers.

10. P
romote regional employment opportunities based on access to regional transit facilities.

11. W
ork with transit agencies to develop both short-te
rm an
d long-term
transit facility uses in Hercules.
134

12. Cr
eate central gathering places where residents of Hercules can meet, shop, and socialize. [Ord. 515 § 2,
2018; Ord. 445, 2009; ZO § 18
.100.]
S
ec. 13-18.200 Re
view of Plans and General Conditions.

G
eneral
conditions would apply to all new and expanded development in the NTC zone, subject to s
ections of the Zoning Ordinance, including: Chapter 13-42, D esign Re
view; Chapter 13-48, P
lanned
Dev
elopment Plans; and Chapter 13-49,
Specific Plans, or another process approved by the Community Dev
elopment Director. Additionally, as stated above, new and expanded development must have a f
inding of consistency with the general planning and design intent of the Central H ercules Plan (CHP)
Regu
lating Code (Chapter 13-28)
and complement its character.

F
urthermore, all development proposals within the NTC zone would be revie wed for:

1. Car
eful planning to avoid potential negative impacts of one use on another;

2. E
asy and convenient access by foot and bike to transit facilities;

3. A
balance of open space, landscaping, recreation, and transit access;

4. A
dequate parking while
also allowing for parking reductions for shared parking arrangements;

5. B
uffers for noise, light, and glare;

6. Un
ified development with an emphasis on pedestrian access to and from transit component(s) of the de
velopment; and

7. A
ttractive frontages alon
g public highways and street rights-of-w
ay. [Ord. 515 § 2,
2018; Ord. 445,
20 09; ZO § 1

8.200.]
S
ec. 13-18.300 P
erformance Standards.

In
addition to the general conditions described above, all new and expanded development would be s
ubject to general perfor
mance standards specified in Chapter 13-31 i
n addition to the following specific
pe
rformance standards, including:

1. Des
ign/architectural theme;

2. S
treet
connectivity for vehicles and pedestrians;

3. Ma
ximum block length;

4. L
ight and glare prevention/reduction;

5. La
ndscaping;

6. Us
able open space minimums;

7. Int
egrated open space network;

8. No
ise insulation/attenuation; and

9. Des
ign and location of p
arking facilities. [Ord. 515 § 2,
2018; Ord. 445, 2009; ZO § 18
.300.]
S
ec. 13-18.400 L
and Use Regulations.

B
ecause the NTC is intended to be a mixed-us
e district, any proposed use would require a land use
pe
rmit as identified in Table 13-18
.1 (Land Use Regu
lations: NTC District). These uses may be
135
al
lowed/permitted subject to approval of: either an administrative use permit (A), or a conditional use pe
rmit (C) and demonstration of compliance with Chapter 13-48.

O
ther uses may be allowed within the NTC zone subject to approval of a CUP that can be shown to s
upport mass transit, benefit from the availability of mass transit, provide goods and services to tran s it
us
ers, or contribute to creating a full service transit-orie nted commercial public facility. Because the
em
phasis of the NTC zone is on mixed use, multiple combinations of uses would be allowed as identified i
n Table 13-1

8.1. T
able 13-18.1 L
and Use Regu
lations: NTC District
N
TC
C
ommercial Uses
R
ecreational Facilities
A
thletic Clubs A
O
ther Commercial Athletic Facilities C
R
etail Sales
C
onvenience Stores C
D
ry Cleaners and Laundries C
Fu
rniture, Furnishings, a
nd Hardware Stores C
G
rocery and Liquor C
O
utdoor Retail Sales and Services
P
ermanent C
T
emporary A
R
ecreation and Entertainment C
R
estaurant, Delicatessen, and Bar A
W
ith Liquor Service C
R
etail Stores
2,000 s
q ft or less A
136
T
able 13-18.1 L
and Use Regu
lations: NTC District
N
TC
M
ore than 2,000 sq ft C
S
ervices and Offices
B
usiness Support Services A
H
otels, Motels, Inns C
M
edical
M
edical and Dental Clinics and Services A
O
ffices and Banks
2,000 s
q ft or l
ess A
M
ore than 2,000 sq ft C
P
ersonal Services A
V
ideo/Media Rentals C

P
ublic and Quasi-P
ublic Uses
D
aycare Facilities (for employees, residents and
pa
ssengers)
A
G
eneral Daycare C
G
overnment Offices A
Li
braries, M
useums and Galleries C
P
ark and Recreational Facilities A
P
ublic Safety Facilities A
T
ransit Facilities
B
ART Stations C
137
T
able 13-18.1 L
and Use Regu
lations: NTC District
N
TC
T
ransit Transfer Stations C
T
ransit Malls C
T
ransit Offices and Support Facilities C
U
tility Fa
cilities C

R
esidential Uses
C
aretaker, Guest, and Employee Housing A
M
ultifamily Dwelling A
T
ownhouse/Condominium A
P
lanned Unit Development A
Fa
mily Daycare Home (14 or fewer children) P
S
upportive Housing (Apartment Type) A P
T
ransitional Housing (Apartment Type) A

A
ccessory Uses and Structures A(1)

K
ey to Land Use Regulations
P P
ermitted Use
A A
dministrative Use Permit Required
C C
onditional Use Permit Required
(1) Fa
cility or use is directly related t
o the primary use of site.
[
Ord. 515 § 2, 2018; Or
d. 484 § 8, 2015; Or
d. 445, 2009; ZO § 18.400.]
138
S
ec. 13-18.500 P
roperty Development Regulations in the NTC District.

T
able 13-1

8.2 (Property Development Regulations: NTC District) identifies the pro perty development
r
egulations for the NTC zone. These regulations establish the basic site and design requirements.

T
able 13-18.2 P
roperty Development Regulations: NTC New Town Center District NT
C S
ee Also
S
ite Area —
Res
idential Density (
units/acre)
Rang
e 30—7
5 DUA
Mi
drange 60
DUA
Com
mercial Density (FAR)
Rang
e 0.1
0 to 2.00
T
ypical 1.00
Lo
t Size —
Lo
t Frontage (
PDP)
Lo
t Depth (
PDP)
S
etbacks
F
ront (ft) 0
Rear (
ft) 15 a
djacent to residential
10 adjacent to any other use
S
ide (ft) 0
Cor
ner Side (ft) 0
Ma
ximum Site Coverage (
PDP)
La
ndscaping Minimum (
PDP)
B
uilding Height
Mi
nimum 20
ft or 2 stories, whichever is greater
139
T
able 13-18.2 P
roperty Development Regulations: NTC New Town Center District NT
C S
ee Also
Ma
ximum 85
ft
P
arking (
PDP) Chap
ter 13-32
S
ignage (
PDP) Chap
ter 13-34

Ke
y to Land Use Regulations
(
PDP) O
r as per an approved planned development plan.
[
Ord. 515 § 2, 2018; Or
d. 445, 2009; ZO § 18.500.
]
S
ec. 13-18.600 Re
lationship of the NTC Zone to the Central Hercules Plan Regulating Code.

T
he CHP Regulating Code includes a section regarding the “mandatory” or “permissive” application of the s
tandards. This flexible option allows properties to be developed in s trict accord with the underlying
z
oning or follow the design standards and provisions of the CHP. The proposed NTC land use de
signation and zone establish land use and development standards that will be applied to the de
velopment of properties in that ar
ea, and by adoption of the proposed ordinance would supersede the “
permissive” option of the CHP for those properties within the NTC area. Therefore, all development in the NT
C would be subject to the standards in the NTC zone, including:

1. A
dministrative
or conditional use permits established in the land use regulations; and

2. T
he property development standards/regulations described in this Chapter that generally would be s
ubject to the planned development plan review and approval established in Chapter 13-48.

A
dditional findings still would be required that the proposed plan: (A) is consistent with the general pl
anning and design intent of the CHP Regulat
ing Code, and (B) complements the character of the
pl
anning and design in the balance of the area covered by the CHP Regulating Code. [Ord. 515 § 2, 20 18; Ord. 445, 2009; ZO § 18
.600.]
S
ECTION 4. S
EVERABILITY. If a
ny se
ction, sub
section, se
ntence, c
lause, or phra
se of thi
s
Or
dinance is for a
ny re
ason he
ld to be invalid, s
uch de
cisions sha
ll not a
ffect the va
lidity of th
e
re
maining portions of
this Or
dinance. The C
ouncil he
reby de
clares that
it would ha
ve adopted the
Or
dinance, a
nd each se
ction, sub
section, se
ntence, c
lause, or p
hrase the
reof, irr
espective of the
fa
ct t
hat a
ny one or more
sections, su
bsections, se
ntences, c
lauses, or phra
ses be de
leted.

S
ECTION 5. E

FFECTIVE DA

TE AND P
UBLICATION. The C
ity C
lerk s
hall c
ertify to the
a
doption of thi
s Or
dinance a
nd s
hall publi
sh or post the Or
dinance as re
quired by law
. This
Or
dinance shall be e
ffective thi
rty (30) d
ays fr
om d
ate of fina
l a
doption.

T
HE F

OREGOING O
RDINANCE wa
s f
irst re
ad at a re
gular mee
ting of the He
rcules C
ity
C
ouncil on the 10th da
y of J
anuary 2023, a
nd wa
s pa
ssed a
nd a
dopted at a re
gular me
eting of
140
the He
rcules C
ity C
ouncil on the ____ da
y of
2023, b
y the follo
wing vote:

AY
ES:

NOE
S:

ABS
ENT
:

AB
STAIN:

Ale
xander Walker-G
riffin, M
ayor

E
ibleis Melendez
I
nterim C
ity C
lerk

141
Senate Bill No. 234
CHAPTER 244
An act to amend Sections 1596.72, 1596.73, 1596.78, 1597.30, 1597.45, and 1597.54 of, to add Sections 1597.41, 1597.42, and 1597.455 to, to repeal Section 1597.47 of, and to repeal and add Sections 1597.40, 1597.46, and 1597.543 of, the Health and Safety Code, relating to family daycare homes. [Approved by Governor September 5, 2019. Filed with Secretary of State September 5, 2019.]
legislative counsel’s digest
SB 234, Skinner. Family daycare homes.

Under existing law, the California Child Day Care Facilities Act, the State Department of Social Services licenses and regulates family daycare homes.

Under existing law, a small family daycare home, which may provide care for up to 8 children, is considered a residential use of property for purposes of all local ordinances. Existing law authorizes a city, county, or city and county to either classify a large family daycare home, which ma y provide care for up to 14 children, as residential use of the property or to provide a process for applying for a permit to use the property as a large family daycare home.

This bill would instead require a large family daycare home to be treated as a residential use of property for purposes of all local ordinances.

Existing law makes void every provision in a written instrument entered into relating to real property that purports to forbid or restrict the conveyance, encumbrance, leasing, or mortgaging of the real property for use or occupancy as a family daycare home for children and every restriction or prohibition in a written instrument as to the use or occupancy of the property as a family daycare home.

This bill would also make void an attempt to deny, restrict, or encumber the conveyance, leasing, or mortgaging of real property for use or occupancy as a family daycare home and a restriction related to the use or occupancy of the property as a family daycare home. The bill would prohibit a property owner or manager from refusing to sell or rent, or refusing to negotiate for the sale or rental of, or otherwise making unavailable or denying, a detached single-family dwelling, a townhouse, a dwelling unit within a dwelling, or a dwelling unit within a covered multifamily dwelling in which the underlying zoning allows for residential use to a person because that person is a family daycare provider. The bill would require the department to notify applicants for family daycare home licenses that specified housi ng discrimination remedies are available to a family daycare home provider, family daycare home provider applicant, or person who is claiming that any of these protections have been denied.
94 142
Existing law prohibits a local jurisdiction from imposing a business license, fee, or tax for the privilege of operating a small family daycare home.

This bill would extend that prohibition to large family daycare homes.

Existing law requires the State Fire Marshal to adopt building standards and regulations relating to the fire and life safety systems in family daycare provider homes.

This bill would require the State Fire Marshal to update those regulations in the next regulation adoption cycle, and every 3 years thereafter to conform to changes in these provisions. The bill would also require the State Fire Marshal to issue guidance on implementing the provisions prior to the publication of regulations, but not later than January 1, 2021, and would authorize guidance to be issued annually thereafter in years when the specified regulations are not updated.

The bill would also make technical and conforming changes.

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

SECTION 1. Section 1596.72 of the Health and Safety Code is amended to read:
1596.72. The Legislature finds all of the following:
(a) That child daycare facilities can contribute positively to a c h i l d ’ s emotional, cognitive, and educational development.
(b) That it is the intent of this state to provide a comprehensive, quality system for licensing child daycare facilities to ensure a quality childcare environment.
(c) That this system of licensure requires a special understanding of the unique characteristics and needs of the children served by child daycare facilities.
(d) That it is the intent of the Legislature to establish with in the State Department of Social Services an organizational structure to separate licensing of child daycare facilities from those facility types administered under Chapter 3 (commencing with Section 1500).
(e) That good quality childcare services are an essential service for working parents.
(f) California has a tremendous shortage of regulated childcare, and only a small fraction of families who need childcare have it. Parent s should be able to support their families without having to sacrifice their child’s well-being.
(g) With childcare, families have more options for jobs and education to improve their prospects. Good, affordable childcare gives children a strong start and creates opportunities for families and communities.

SEC. 2. Section 1596.73 of the Health and Safety Code is amended to read:
1596.73. The purposes of this act are to:
94 — 2 — Ch. 244
143
(a) Streamline the administration of childcare licensing and t hereby increase the efficiency and effectiveness of this system. (b) Encourage the development of licensing staff with knowledge and understanding of children and childcare needs.
(c) Provide providers of childcare with technical assistance about licensing requirements.
(d) Enhance consumer awareness of licensing requirements and the benefits of licensed childcare.
(e) Recognize that affordable, quality licensed childcare is critical to the well-being of parents and children in this state.
(f) Promote the development and expansion of regulated childcare.

SEC. 3. Section 1596.78 of the Health and Safety Code is amended to read:
1596.78. (a) “Family daycare home” means a facility that regularly provides care, protection, and supervision for 14 or fewer children, in the provider’s own home, for periods of less than 24 hours per day, while the parents or guardians are away, and is either a large family daycare home or a small family daycare home.
(b) “Large family daycare home” means a facility that provides care, protection, and supervision for 7 to 14 children, inclusive, including children under 10 years of age who reside at the home, as set forth in Section 1597.465 and as defined in regulations.
(c) “Small family daycare home” means a facility that provides c a r e , protection, and supervision for eight or fewer children, including children under 10 years of age who reside at the home, as set forth in Section 1597.44 and as defined in regulations.
(d) A small family daycare home or large family daycare home includes a detached single-family dwelling, a townhouse, a dwelling unit within a dwelling, or a dwelling unit within a covered multifamily dwelling in which the underlying zoning allows for residential uses. A small fami ly daycare home or large family daycare home is where the daycare provider resides, and includes a dwelling or a dwelling unit that is rented, leased, or owned.

SEC. 4. Section 1597.30 of the Health and Safety Code is amended to read:
1597.30. The Legislature finds and declares all of the following:
(a) The Legislature has a responsibility to ensure the health and safety of children in family homes that provide daycare.
(b) There is an extreme shortage of regulated family daycare h omes in California, and the number has decreased significantly since 2008. (c) There continues to be a growing need for child daycare facilities due to the increased number of working parents. Parents need childcare so they can work and attend school, and so their children can thrive. (d) Many parents prefer childcare located in their neighborhoods in family homes.
(e) There should be a variety of childcare settings, including regulated family daycare homes, as suitable choices for parents.
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(f) The licensing program to be operated by the state should be cost effective, streamlined, and simple to administer in order to ensure adequate care for children placed in family daycare homes, while not placing undue burdens on the providers.
(g) The state should maintain an efficient program of regulating family daycare homes that ensures the provision of adequate protection, supervision, and guidance to children in their homes.
(h) The state has a responsibility to promote the development and expansion of regulated family daycare homes to care for children in residential settings.

SEC. 5. Section 1597.40 of the Health and Safety Code is repeale d.

SEC. 6. Section 1597.40 is added to the Health and Safety Code, to read:
1597.40. (a) It is the intent of the Legislature that family daycare homes for children should be situated in normal residential surroundi ngs so as to give children the home environment that is conducive to healthy and safe development. It is the public policy of this state to provide children in a family daycare home the same home environment as provided in a traditional home setting.
(b) The Legislature declares this policy to be of statewide concern with the purpose of occupying the field. This act, the state building code, and the fire code, and regulations promulgated pursuant to those pro visions, shall preempt local laws, regulations, and rules governing the use and occupancy of family daycare homes. Local laws, regulations, or rules shall not directly or indirectly prohibit or restrict the use of a facility as a family daycare home, including, but not limited to, precluding the operation of a family daycare home.

SEC. 7. Section 1597.41 is added to the Health and Safety Code, to read:
1597.41. (a) Every provision in a written instrument relating to real property that purports to restrict the conveyance, encumbrance, leasing, or mortgaging of the real property for use or occupancy as a famil y daycare home is void, and every restriction in that written instrument as to the use or occupancy of the property as a family daycare home is void. (b) An attempt to deny, restrict, or encumber the conveyance, leasing, or mortgaging of real property for use or occupancy as a family daycare home is void. A restriction related to the use or occupancy of the property as a family daycare home is void. A property owner or manager shall not refuse to sell or rent, or refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny, a detached single-family dwelling, a townhouse, a dwelling unit within a dwelling, or a dwelling unit within a covered multifamily dwelling in which the underlying zoning all ows for residential use to a person because that person is a family daycare provider. (c) Except as provided in subdivision (d), a restriction, whether by way of covenant, contract, condition upon use or occupancy, or by t ransfer of title to real property, that restricts directly or indirectly limits the acquisition, use, or occupancy of a detached single-family dwelling, a townh ouse, a dwelling unit within a dwelling, or a dwelling unit within a covered 94 — 4 — Ch. 244
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multifamily dwelling in which the underlying zoning allows for residential use as a family daycare home is void.
(d) (1) A prospective family daycare home provider who reside s in a rental property shall provide 30 days’ written notice to the landlord or owner of the rental property prior to the commencement of operation of the family daycare home.
(2) A family daycare home provider who has relocated an existi ng licensed family daycare home program to a rental property on or after January 1, 1997, may provide less than 30 days’ written notice when the department approves the operation of the new location of the family daycare home in less than 30 days, or the home is licensed in less than 30 days, so that service to the children served in the former location not be interrupted. (3) A family daycare home provider in operation on rental or leased property as of January 1, 1997, shall notify the landlord or property owner in writing at the time of the annual license fee renewal, or by March 31, 1997, whichever occurs later.
(4) Notwithstanding any other law, upon commencement of, or knowledge of, the operation of a family daycare home on an individual’s property, the landlord or property owner may require the family daycare home provider to pay an increased security deposit for operation of the family daycare home. The increase in deposit may be required notwithstanding that a lesser amount is required of tenants who do not operate family daycare homes.

The total security deposit charged shall not exceed the maximum allowable under existing law.
(5) Section 1596.890 does not apply to this subdivision. (e) During the license application process for a small or larg e family daycare home, the department shall notify the applicant that the remedies and procedures in Article 2 (commencing with Section 12980) of Chapter 7 of Part 2.8 of Division 3 of Title 2 of the Government Code relating to fair housing are available to family daycare home providers, family daycare home provider applicants, and individuals who claim that any of the protections provided by this section or Section 1597.40, 1597.42, 1597.43, 1597.45, 1597.455, or 1597.46 have been denied.
(f) For the purpose of this section, “restriction” means a restriction imposed orally, in writing, or by conduct and includes prohibition. (g) This section does not alter the existing rights of landlords and tenants with respect to addressing and resolving issues related to noise, lease violations, nuisances, or conflicts between landlords and tenants.

SEC. 8. Section 1597.42 is added to the Health and Safety Code, to read:
1597.42. The use of a home as a family daycare home, operated under the standards of state law, in a residentially zoned area shall be considered a residential use of property for the purposes of all local ordinances, regulations, and rules, and shall not fundamentally alter the nature of the underlying residential use.

SEC. 9. Section 1597.45 of the Health and Safety Code is amended to read:
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1597.45. (a) The use of a home as a small or large family daycare home shall be considered a residential use of property and a use by right for the purposes of all local ordinances, including, but not limited to , zoning ordinances.
(b) A local jurisdiction shall not impose a business license, fee, or tax for the privilege of operating a small or large family daycare home. (c) Use of a home as a small or large family daycare home shall not constitute a change of occupancy for purposes of Part 1.5 (commencing with Section 17910) of Division 13 (State Housing Law) or for purposes of local building codes.
(d) A small or large family daycare home shall not be subject to the provisions of Division 13 (commencing with Section 21000) of the Public Resources Code.
(e) The provisions of this chapter do not preclude a city, county, or other local public entity from placing restrictions on building heights, setback, or lot dimensions of a family daycare home, as long as those restrictions are identical to those applied to all other residences with the same zoning designation as the family daycare home. This chapter does not preclude a local ordinance that deals with health and safety, building sta ndards, environmental impact standards, or any other matter within the jurisdiction of a local public entity, as long as the local ordinance is identical to those applied to all other residences with the same zoning designation as the family daycare home. This chapter also does not prohibit or restrict the abatement of nuisances by a city, county, or city and county. However, the ordinance or nuisance abatement shall not distinguish family daycare home s from other homes with the same zoning designation, except as otherwise provided in this chapter.
(f) For purposes of this chapter, “small family daycare home or large family daycare home” includes a detached single-family dwelling, a townhouse, a dwelling unit within a dwelling, or a dwelling unit within a covered multifamily dwelling in which the underlying zoning all ows for residential uses. A small family daycare home or large family daycare home is where the family daycare provider resides, and includes a dwelling or dwelling unit that is rented, leased, or owned.

SEC. 10. Section 1597.455 is added to the Health and Safety Code, to read:
1597.455. (a) A small family daycare home shall not be subject to Article 1 (commencing with Section 13100) or Article 2 (commencing with Section 13140) of Chapter 1 of Part 2 of Division 12, except that a small family daycare home shall contain a fire extinguisher and smoke detector device that meet standards established by the State Fire Marshal. (b) A small family daycare home for children shall have one or more carbon monoxide detectors in the facility that meet the standards established in Chapter 8 (commencing with Section 13260) of Part 2 of Divis ion 12.

The department shall account for the presence of these detector s during inspections.

SEC. 11. Section 1597.46 of the Health and Safety Code is repealed. 94 — 6 — Ch. 244
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SEC. 12. Section 1597.46 is added to the Health and Safety Code, to read:
1597.46. (a) A large family daycare home shall abide by all standards, in addition to the requirements of the State Uniform Building Standards Code, that are specifically designed to promote fire and life safety in large family daycare homes. The State Fire Marshal shall adopt separate building standards specifically relating to the subject of fire and life safety in family daycare homes, which shall be published in Title 24 of the California Code of Regulations. These standards shall apply uniformly throughout the state and shall include, but not be limited to, all of the following:
(1) The requirement that a large family daycare home contain a fire extinguisher or smoke detector device, or both, that meets childcare standards established by the State Fire Marshal.
(2) Specification as to the number of required exits from the home. (3) Specification as to the floor or floors on which childcare may be provided and the number of required exits on each floor. (b) A large family daycare home for children shall have one or more carbon monoxide detectors in the facility that meet the standards established in Chapter 8 (commencing with Section 13260) of Part 2 of Divis ion 12.

The department shall account for the presence of these detector s during inspections.
(c) Enforcement of this section shall be in accordance with Sections 13145 and 13146. A city, county, city and county, or district shall not adopt or enforce a building ordinance or local rule or regulation relating to the subject of fire and life safety in large family daycare homes that is inconsistent with those standards adopted by the State Fire Marshal, except to the extent the building ordinance or local rule or regulation applies to all residences with the same zoning designation in which childcare is provided.

SEC. 13. Section 1597.47 of the Health and Safety Code is repealed.

SEC. 14. Section 1597.54 of the Health and Safety Code is amended to read:
1597.54. (a) All family daycare homes for children, shall apply for a license under this chapter, except that any home that, on June 28, 1981, had a valid and unexpired license to operate as a family daycare home for children under other provisions of law shall be deemed to have a license under this chapter for the unexpired term of the license, at which time a new license may be issued upon fulfilling the requirements of this chapter. (b) An applicant for licensure as a family daycare home for children shall file with the department, pursuant to its regulations, an application on forms furnished by the department, which shall include, but not be limited to, all of the following:
(1) A brief statement confirming that the applicant is financially secure to operate a family daycare home for children. The department shall not require any other specific or detailed financial disclosure. (2) (A) Evidence that the small family daycare home contains a fire extinguisher or smoke detector device, or both, that meets stan dards established by the State Fire Marshal under Section 1597.455, or evidence 94 Ch. 244— 7 —
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that the large family daycare home meets the standards established by the State Fire Marshal under subdivision (a) of Section 1597.46. (B) Evidence satisfactory to the department that there is a fire escape and disaster plan for the facility and that fire drills and disaster drills will be conducted at least once every six months. The documentation of these drills shall be maintained at the facility on a form prepared by the department and shall include the date and time of the drills.
(3) The fingerprints of any applicant of a family daycare home license, and any other adult, as required under subdivision (b) of Section 1596.871. (4) Evidence of a current tuberculosis clearance, as defined in regulations that the department shall adopt, for any adult in the home during the time that children are under care. This requirement may be satisfied by a current certificate, as defined in subdivision (f) of Section 121525, that indicates freedom from infectious tuberculosis as set forth in Section 121525. (5) Commencing September 1, 2016, evidence of current immunity or exemption from immunity, as described in Section 1597.622, for the applicant and any other person who provides care and supervision to the children.
(6) Evidence satisfactory to the department of the ability of the applicant to comply with this chapter and Chapter 3.4 (commencing with Section 1596.70) and the regulations adopted pursuant to those chapters. (7) Evidence satisfactory to the department that the applicant and all other persons residing in the home are of reputable and responsible character.

The evidence shall include, but not be limited to, a criminal record clearance pursuant to Section 1596.871, employment history, and character references. (8) Other information as required by the department for the pr oper administration and enforcement of the act.
(c) Failure of the applicant to cooperate with the licensing agency in the completion of the application shall result in the denial of the application.

Failure to cooperate means that the information described in this section and in regulations of the department has not been provided, or not provided in the form requested by the licensing agency, or both.

SEC. 15. Section 1597.543 of the Health and Safety Code is repealed.

SEC. 16. Section 1597.543 is added to the Health and Safety Code, to read:
1597.543. (a) The State Fire Marshal shall update the building and fire standards necessary to implement the sections of this chapter relating to life and fire safety, including, but not limited to, Sections 1597.455 and 1597.46, and shall publish the updates in the California Code of Regulations (CCR) in the next Title 19 and Title 24 CCR adoption cycle.
(b) Prior to the publication of the updates required by subdiv ision (a), but not later than January 1, 2021, the State Fire Marshal shall issue guidance on implementing the sections listed in subdivision (a). (c) The State Fire Marshal shall update the regulations at lea st every three years to conform to changes in this chapter. The State Fire Marshal 94 — 8 — Ch. 244
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may issue guidance on implementing this chapter annually in the years in which the regulations are not updated in Title 19 and Title 24 of the CCR.

O
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Assembly Bill No. 2162
CHAPTER 753
An act to amend Section 65583 of, and to add Article 11 (commencing with Section 65650) to Chapter 3 of Division 1 of Title 7 of, the Government Code, relating to land use.
[Approved by Governor September 26, 2018. Filed with
Secretary of State September 26, 2018.]
legislative counsel’s digest
AB 2162, Chiu. Planning and zoning: housing development: supportive housing.

The Planning and Zoning Law requires the legislative body of each county and city to adopt a comprehensive, long-term general plan for the physical development of the county or city that includes, among other mandatory elements, a housing element. That law requires the housing elem ent to contain, among other things, an assessment of housing needs and a n inventory of resources and constraints relevant to meeting those needs and a program that sets forth a schedule of actions during the planning period, each with a timeline for implementation. That law specifies that transitional housing and supportive housing are a residential use of property, subject only to those restrictions that apply to other residential dwel lings of the same type in the same zone.

This bill would make a nonsubstantive change to this requirement.

The Planning and Zoning Law requires the rezoning of sites identified in the inventory of sites by specific deadlines where the inventory does not identify adequate sites to accommodate the need for groups of all household income levels. That law further requires this rezoning to accommodate 100% of the need for housing for very low and low-income households, a s specified, on sites zoned to permit owner-occupied and rental mu ltifamily residential use by right during the planning period and defines the term “use by right” for these purposes.

This bill would require that supportive housing be a use by right in zones where multifamily and mixed uses are permitted, including nonresidential zones permitting multifamily uses, if the proposed housing development meets specified criteria, and would require a local government to approve, within specified periods, a supportive housing development that complies with these requirements. The bill would require that a develope r of supportive housing provide the planning agency with a plan for providing supportive services, with documentation demonstrating that supportive services will be provided onsite to residents in the project and describing those services, as provided. The bill would prohibit the local government from imposing any minimum parking requirement for units occupie d by 93 151
supportive housing residents if the development is located with in ½ mile of a public transit stop. The bill would specify that its provisions do not (1) preclude or limit the ability of a developer to seek a density bonus from the local government or (2) expand or contract the authority of a l ocal government to adopt or amend an ordinance, charter, general plan, specific plan, resolution, or other land use policy or regulation that p romotes the development of supportive housing.

The bill would include findings that the changes proposed by thi s bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.

The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not hav e that effect.

CEQA does not apply to the ministerial approval of projects.

This bill, by authorizing supportive housing as a use by right under certain circumstances, would expand the exemption for the ministerial approval of projects under CEQA.

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

This bill would incorporate additional changes to Section 65583 of the Government Code proposed by AB 686 to be operative only if this bill and AB 686 are enacted and this bill is enacted last.

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

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. The Legislature finds and declares the following:
(a) California’s homeless population increased by over 16,000 from 2016 to 2017, to 134,278 Californians experiencing homelessness at any point in time. Two to three times this number experienced homelessnes s during the course of last year. Twenty-five percent of the nation’s total homeless population and almost half of the nation’s unsheltered population reside in California. California now has one of the highest rates of homelessness per resident, twice as high as the national average.
(b) Addressing homelessness is urgent, as communities across the state face public health emergencies, including widespread Hepatitis A infection among residents experiencing homelessness in several major cities, higher mortality among homeless people with HIV and AIDS, and early mortality among people experiencing chronic homelessness.
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(c) Chronic patterns of homelessness—homelessness lasting at least a year or repeatedly over three years—are on the rise in California, whereas decreasing elsewhere. As of 2017, 42 percent of those experiencing chronic homelessness nationwide live in California. The vast majority o f these individuals and families have lived in California since well before becoming homeless.
(d) Evidence shows supportive housing—an affordable rental wit h intensive services promoting housing stability—works to reduce chronic homelessness. As a result, the Legislature has invested in supportive housing, including the No Place Like Home Program, which will generate $2 billion in revenue bonds to build supportive housing for homeless Calif ornians with serious mental illness.
(e) Studies reveal supportive housing benefits communities by reducing homelessness locally, addressing blight, and increasing property values.

Yet one of the barriers to creating supportive housing has been local delays or denials of applications to build supportive housing, based on subjective local planning standards. Delays or denials of building applications add to the costs and timeline of development, affecting the effectiven ess of state dollars.
(f) Given the urgent need to provide supportive housing to Californians experiencing chronic homelessness, streamlining and expediting the process of approving supportive housing applications will offer housing opportunities in communities with few or no opportunities to exit chronic homelessness.

Further, it will promote progress in addressing the growing crisis of homelessness the Legislature intended through recent initiatives.

SEC. 2. Section 65583 of the Government Code is amended to read:
65583. The housing element shall consist of an identification and analysis of existing and projected housing needs and a statement of goals, policies, quantified objectives, financial resources, and scheduled program s for the preservation, improvement, and development of housing. The housing element shall identify adequate sites for housing, including rental housing, factory-built housing, mobilehomes, and emergency shelters, and shall make adequate provision for the existing and projected needs of all economic segments of the community. The element shall contain all of the following:
(a) An assessment of housing needs and an inventory of resources and constraints relevant to the meeting of these needs. The assessment and inventory shall include all of the following:
(1) An analysis of population and employment trends and documentation of projections and a quantification of the locality’s existing and projected housing needs for all income levels, including extremely low in come households, as defined in subdivision (b) of Section 50105 and Section 50106 of the Health and Safety Code. These existing and projected needs shall include the locality’s share of the regional housing need in accordance with Section 65584. Local agencies shall calculate the subset of very low income households allotted under Section 65584 that qualify as extremely low income households. The local agency may either use available census data to calculate the percentage of very low income households that qualify 93 Ch. 753— 3 —
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as extremely low income households or presume that 50 percent of the very low income households qualify as extremely low income households. The number of extremely low income households and very low income households shall equal the jurisdiction’s allocation of very low income households pursuant to Section 65584.
(2) An analysis and documentation of household characteristics, including level of payment compared to ability to pay, housing characteristics, including overcrowding, and housing stock condition.
(3) An inventory of land suitable and available for residentia l development, including vacant sites and sites having realistic and demonstrated potential for redevelopment during the planning period to meet the locality’s housing need for a designated income level, and an analysis of the relationship of zoning and public facilities an d services to these sites.
(4) (A) The identification of a zone or zones where emergency shelters are allowed as a permitted use without a conditional use or oth er discretionary permit. The identified zone or zones shall include sufficient capacity to accommodate the need for emergency shelter identified in paragraph (7), except that each local government shall identify a zone or zones that can accommodate at least one year-round emergency shelter. If the local government cannot identify a zone or zones with sufficient capacity, the local government shall include a program to amend its zoning ordinance to meet the requirements of this paragraph within one year of the adoption of the housing element. The local government may identify additional zones where emergency shelters are permitted with a conditional use permit. The local government shall also demonstrate that existing or proposed permit processing, development, and management standards are objective a n d encourage and facilitate the development of, or conversion to, emergency shelters. Emergency shelters may only be subject to those development and management standards that apply to residential or commercial development within the same zone except that a local government may apply written, objective standards that include all of the following:
(i) The maximum number of beds or persons permitted to be serv ed nightly by the facility.
(ii) Off-street parking based upon demonstrated need, provided that the standards do not require more parking for emergency shelters than for other residential or commercial uses within the same zone.
(iii) The size and location of exterior and interior onsite waiting and client intake areas.
(iv) The provision of onsite management.
(v) The proximity to other emergency shelters, provided that emergency shelters are not required to be more than 300 feet apart. (vi) The length of stay.
(vii) Lighting.
(viii) Security during hours that the emergency shelter is in operation. (B) The permit processing, development, and management standar ds applied under this paragraph shall not be deemed to be discretionary acts 93 — 4 —Ch. 753
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within the meaning of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code). (C) A local government that can demonstrate to the satisfactio n of the department the existence of one or more emergency shelters either within its jurisdiction or pursuant to a multijurisdictional agreement that can accommodate that jurisdiction’s need for emergency shelter identified in paragraph (7) may comply with the zoning requirements of subparagraph (A) by identifying a zone or zones where new emergency shelters are allowed with a conditional use permit.
(D) A local government with an existing ordinance or ordinance s that comply with this paragraph shall not be required to take additional action to identify zones for emergency shelters. The housing element must only describe how existing ordinances, policies, and standards are c onsistent with the requirements of this paragraph.
(5) An analysis of potential and actual governmental constrain ts upon the maintenance, improvement, or development of housing for all income levels, including the types of housing identified in paragraph ( 1) of subdivision (c), and for persons with disabilities as identified in the analysis pursuant to paragraph (7), including land use controls, buildin g codes and their enforcement, site improvements, fees and other exactions required of developers, local processing and permit procedures, and any locally adopted ordinances that directly impact the cost and supply of resident ial development. The analysis shall also demonstrate local efforts to remove governmental constraints that hinder the locality from meeting its share of the regional housing need in accordance with Section 65584 and from meeting the need for housing for persons with disabilities, supportive housing, transitional housing, and emergency shelters identified pursuant to paragraph (7).
(6) An analysis of potential and actual nongovernmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the availability of financing, the price of land, the cost of construction, the requests to develop housing at densities belo w those anticipated in the analysis required by subdivision (c) of Sect ion 65583.2, and the length of time between receiving approval for a housing development and submittal of an application for building permits for that h ousing development that hinder the construction of a locality’s share of the regional housing need in accordance with Section 65584. The analysis shall also demonstrate local efforts to remove nongovernmental constraints that create a gap between the locality’s planning for the development of ho using for all income levels and the construction of that housing. (7) An analysis of any special housing needs, such as those of the elderly; persons with disabilities, including a developmental disability , as defined in Section 4512 of the Welfare and Institutions Code; large families; farmworkers; families with female heads of households; and families and persons in need of emergency shelter. The need for emergency shelter shall be assessed based on annual and seasonal need. The need for eme rgency shelter may be reduced by the number of supportive housing units that are 93 Ch. 753— 5 —
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identified in an adopted 10-year plan to end chronic homelessness and that are either vacant or for which funding has been identified to al low construction during the planning period. An analysis of special housing needs by a city or county may include an analysis of the need f or frequent user coordinated care housing services.
(8) An analysis of opportunities for energy conservation with respect to residential development. Cities and counties are encouraged to include weatherization and energy efficiency improvements as part of pub licly subsidized housing rehabilitation projects. This may include energy efficiency measures that encompass the building envelope, its heating and cooling systems, and its electrical system.
(9) An analysis of existing assisted housing developments that are eligible to change from low-income housing uses during the next 10 years due to termination of subsidy contracts, mortgage prepayment, or expir ation of restrictions on use. “Assisted housing developments,” for the purpose of this section, shall mean multifamily rental housing that receiv es governmental assistance under federal programs listed in subdivision (a) of Section 65863.10, state and local multifamily revenue bond programs, local redevelopment programs, the federal Community Development Block Grant Program, or local in-lieu fees. “Assisted housing developments” shall also include multifamily rental units that were developed pursuant to a local inclusionary housing program or used to qualify for a density bonus pursuant to Section 65916.
(A) The analysis shall include a listing of each development by project name and address, the type of governmental assistance received, the earliest possible date of change from low-income use, and the total number of elderly and nonelderly units that could be lost from the locality’s low-income housing stock in each year during the 10-year period. For purposes of state and federally funded projects, the analysis required by this subparagraph need only contain information available on a statewide basis. (B) The analysis shall estimate the total cost of producing ne w rental housing that is comparable in size and rent levels, to replace the units that could change from low-income use, and an estimated cost of preserving the assisted housing developments. This cost analysis for replacement housing may be done aggregately for each five-year period and does not h ave to contain a project-by-project cost estimate.
(C) The analysis shall identify public and private nonprofit corporations known to the local government which have legal and managerial c apacity to acquire and manage these housing developments.
(D) The analysis shall identify and consider the use of all federal, state, and local financing and subsidy programs which can be used to pr eserve, for lower income households, the assisted housing developments, identified in this paragraph, including, but not limited to, federal Commu nity Development Block Grant Program funds, tax increment funds received by a redevelopment agency of the community, and administrative fees received by a housing authority operating within the community. In considering the use of these financing and subsidy programs, the analysis shall identify the 93 — 6 —Ch. 753
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amounts of funds under each available program which have not been legally obligated for other purposes and which could be available for u se in preserving assisted housing developments.
(b) (1) A statement of the community’s goals, quantified objectives, and policies relative to the maintenance, preservation, improvement , and development of housing.
(2) It is recognized that the total housing needs identified pu rsuant to subdivision (a) may exceed available resources and the community’s ability to satisfy this need within the content of the general plan requirements outlined in Article 5 (commencing with Section 65300). Under th ese circumstances, the quantified objectives need not be identical to the total housing needs. The quantified objectives shall establish the maximum number of housing units by income category, including extremely l o w income, that can be constructed, rehabilitated, and conserved over a five-year time period.
(c) A program which sets forth a schedule of actions during the planning period, each with a timeline for implementation, which may recognize that certain programs are ongoing, such that there will be beneficial impacts of the programs within the planning period, that the local governm ent is undertaking or intends to undertake to implement the policies and achieve the goals and objectives of the housing element through the administration of land use and development controls, the provision of regulatory concessions and incentives, the utilization of appropriate federal and state financing and subsidy programs when available, and the utilization of moneys in a low- and moderate-income housing fund of an agency if the locality h as established a redevelopment project area pursuant to the Commun ity Redevelopment Law (Division 24 (commencing with Section 33000) of the Health and Safety Code). In order to make adequate provision for the housing needs of all economic segments of the community, the program shall do all of the following:
(1) Identify actions that will be taken to make sites available during the planning period with appropriate zoning and development standar ds and with services and facilities to accommodate that portion of the city’s or county’s share of the regional housing need for each income level that could not be accommodated on sites identified in the inventory completed pursuant to paragraph (3) of subdivision (a) without rezoning, and to comply with the requirements of Section 65584.09. Sites shall be identified as needed to facilitate and encourage the development of a variety of types of housing for all income levels, including multifamily rental housing, factory-built housing, mobilehomes, housing for agricultural employees, supportive housing, single-room occupancy units, emergency shelters, and transitional housing.
(A) Where the inventory of sites, pursuant to paragraph (3) of subdivision (a), does not identify adequate sites to accommodate the need for groups of all household income levels pursuant to Section 65584, rezoning of those sites, including adoption of minimum density and development st andards, for jurisdictions with an eight-year housing element planning period pursuant 93 Ch. 753— 7 —
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to Section 65588, shall be completed no later than three years after either the date the housing element is adopted pursuant to subdivision (f) of Section 65585 or the date that is 90 days after receipt of comments fro m the department pursuant to subdivision (b) of Section 65585, whiche ver is earlier, unless the deadline is extended pursuant to subdivisio n (f).

Notwithstanding the foregoing, for a local government that fails to adopt a housing element within 120 days of the statutory deadline in Section 65588 for adoption of the housing element, rezoning of those sites, including adoption of minimum density and development standards, shall be completed no later than three years and 120 days from the statutory deadline in Section 65588 for adoption of the housing element.
(B) Where the inventory of sites, pursuant to paragraph (3) of subdivision (a), does not identify adequate sites to accommodate the need for groups of all household income levels pursuant to Section 65584, the program shall identify sites that can be developed for housing within the planning period pursuant to subdivision (h) of Section 65583.2. The identification of sites shall include all components specified in Section 65583.2. (C) Where the inventory of sites pursuant to paragraph (3) of subdivision (a) does not identify adequate sites to accommodate the need for farmworker housing, the program shall provide for sufficient sites to meet the need with zoning that permits farmworker housing use by right, including density and development standards that could accommodate and facilitate the feasibility of the development of farmworker housing for low- and very low income households.
(2) Assist in the development of adequate housing to meet the needs of extremely low, very low, low-, and moderate-income households. (3) Address and, where appropriate and legally possible, remov e governmental and nongovernmental constraints to the maintenance , improvement, and development of housing, including housing for all income levels and housing for persons with disabilities. The program shall remove constraints to, and provide reasonable accommodations for housing designed for, intended for occupancy by, or with supportive services for, persons with disabilities. Transitional housing and supportive housing shall be considered a residential use of property and shall be subject o nly to those restrictions that apply to other residential dwellings of the same type in the same zone. Supportive housing, as defined in Section 65650, shall be a use by right in all zones where multifamily and mixed uses are permitted, as provided in Article 11 (commencing with Section 65650). (4) Conserve and improve the condition of the existing affordable housing stock, which may include addressing ways to mitigate the loss of dwelling units demolished by public or private action.
(5) Promote housing opportunities for all persons regardless of race, religion, sex, marital status, ancestry, national origin, color, familial status, or disability.
(6) Preserve for lower income households the assisted housing developments identified pursuant to paragraph (9) of subdivision (a). The program for preservation of the assisted housing developments shall utilize, 93 — 8 —Ch. 753
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to the extent necessary, all available federal, state, and local financing and subsidy programs identified in paragraph (9) of subdivision (a), except where a community has other urgent needs for which alternative funding sources are not available. The program may include strategies that involve local regulation and technical assistance.
(7) Include an identification of the agencies and officials responsible for the implementation of the various actions and the means by whic h consistency will be achieved with other general plan elements a nd community goals.
(8) Include a diligent effort by the local government to achieve public participation of all economic segments of the community in the development of the housing element, and the program shall describe this effort. (d) (1) A local government may satisfy all or part of its requirement to identify a zone or zones suitable for the development of emergency shelters pursuant to paragraph (4) of subdivision (a) by adopting and implementing a multijurisdictional agreement, with a maximum of two other adjacent communities, that requires the participating jurisdictions to develop at least one year-round emergency shelter within two years of the beginning of the planning period.
(2) The agreement shall allocate a portion of the new shelter capacity to each jurisdiction as credit toward its emergency shelter need, and each jurisdiction shall describe how the capacity was allocated as part of its housing element.
(3) Each member jurisdiction of a multijurisdictional agreement shall describe in its housing element all of the following:
(A) How the joint facility will meet the jurisdiction’s emergency shelter need.
(B) The jurisdiction’s contribution to the facility for both the development and ongoing operation and management of the facility.
(C) The amount and source of the funding that the jurisdiction contributes to the facility.
(4) The aggregate capacity claimed by the participating jurisdictions in their housing elements shall not exceed the actual capacity of the shelter. (e) Except as otherwise provided in this article, amendments to this article that alter the required content of a housing element shall appl y to both of the following:
(1) A housing element or housing element amendment prepared pursuant to subdivision (e) of Section 65588 or Section 65584.02, when a city, county, or city and county submits a draft to the department for review pursuant to Section 65585 more than 90 days after the effective date of the amendment to this section.
(2) Any housing element or housing element amendment prepared pursuant to subdivision (e) of Section 65588 or Section 65584.02, when the city, county, or city and county fails to submit the first draft to the department before the due date specified in Section 65588 or 65584.02. (f) The deadline for completing required rezoning pursuant to subparagraph (A) of paragraph (1) of subdivision (c) shall be e xtended by 93 Ch. 753— 9 —
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one year if the local government has completed the rezoning at densities sufficient to accommodate at least 75 percent of the units for low- and very low income households and if the legislative body at the conclu sion of a public hearing determines, based upon substantial evidence, that any of the following circumstances exist:
(1) The local government has been unable to complete the rezoning because of the action or inaction beyond the control of the local government of any other state, federal, or local agency.
(2) The local government is unable to complete the rezoning because of infrastructure deficiencies due to fiscal or regulatory constraints. (3) The local government must undertake a major revision to its general plan in order to accommodate the housing-related policies of a sustainable communities strategy or an alternative planning strategy adopted pursuant to Section 65080.

The resolution and the findings shall be transmitted to the department together with a detailed budget and schedule for preparation and adoption of the required rezonings, including plans for citizen participation and expected interim action. The schedule shall provide for adoptio n of the required rezoning within one year of the adoption of the resolution. (g) (1) If a local government fails to complete the rezoning by the deadline provided in subparagraph (A) of paragraph (1) of subdivision (c), as it may be extended pursuant to subdivision (f), except as provided in paragraph (2), a local government may not disapprove a housing development project, nor require a conditional use permit, planned unit development permit, or other locally imposed discretionary permit, or impose a condition that would render the project infeasible, if the ho using development project (A) is proposed to be located on a site required to be rezoned pursuant to the program action required by that subparagraph and (B) complies with applicable, objective general plan and zoning standards and criteria, including design review standards, described in t he program action required by that subparagraph. Any subdivision of sites shall be subject to the Subdivision Map Act (Division 2 (commencing with Section 66410)). Design review shall not constitute a “project” for pur poses of Division 13 (commencing with Section 21000) of the Public Resources Code.
(2) A local government may disapprove a housing development described in paragraph (1) if it makes written findings supported by subst antial evidence on the record that both of the following conditions exist:
(A) The housing development project would have a specific, adve rse impact upon the public health or safety unless the project is disapproved or approved upon the condition that the project be developed at a lower density.

As used in this paragraph, a “specific, adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditi ons as they existed on the date the application was deemed complete. (B) There is no feasible method to satisfactorily mitigate or avoid the adverse impact identified pursuant to paragraph (1), other than the 93 — 10 —Ch. 753
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disapproval of the housing development project or the approval of the project upon the condition that it be developed at a lower density. (3) The applicant or any interested person may bring an action to enforce this subdivision. If a court finds that the local agency disapproved a project or conditioned its approval in violation of this subdivision, the court shall issue an order or judgment compelling compliance within 60 days. The court shall retain jurisdiction to ensure that its order or judgment is carried out. If the court determines that its order or judgment has not been carried out within 60 days, the court may issue further orders to ensure that the purposes and policies of this subdivision are fulfilled. In any such action, the city, county, or city and county shall bear the burden of proof. (4) For purposes of this subdivision, “housing development project” means a project to construct residential units for which the project developer provides sufficient legal commitments to the appropriate local agency to ensure the continued availability and use of at least 49 percent of the housing units for very low, low-, and moderate-income households with an affordable housing cost or affordable rent, as defined in Section 50052.5 o r 50053 of the Health and Safety Code, respectively, for the period required by the applicable financing.
(h) An action to enforce the program actions of the housing element shall be brought pursuant to Section 1085 of the Code of Civil Procedure.

SEC. 2.5. Section 65583 of the Government Code is amended to read:
65583. The housing element shall consist of an identification and analysis of existing and projected housing needs and a statement of goals, policies, quantified objectives, financial resources, and scheduled program s for the preservation, improvement, and development of housing. The housing element shall identify adequate sites for housing, including rental housing, factory-built housing, mobilehomes, and emergency shelters, and shall make adequate provision for the existing and projected needs of all economic segments of the community. The element shall contain all of the following:
(a) An assessment of housing needs and an inventory of resources and constraints relevant to the meeting of these needs. The assessment and inventory shall include all of the following:
(1) An analysis of population and employment trends and documentation of projections and a quantification of the locality’s existing and projected housing needs for all income levels, including extremely low in come households, as defined in subdivision (b) of Section 50105 and Section 50106 of the Health and Safety Code. These existing and projected needs shall include the locality’s share of the regional housing need in accordance with Section 65584. Local agencies shall calculate the subset of very low income households allotted under Section 65584 that qualify as extremely low income households. The local agency may either use available census data to calculate the percentage of very low income households that qualify as extremely low income households or presume that 50 percent of the very low income households qualify as extremely low income households. The number of extremely low income households and very low income 93 Ch. 753— 11 —
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households shall equal the jurisdiction’s allocation of very low income households pursuant to Section 65584.
(2) An analysis and documentation of household characteristics, including level of payment compared to ability to pay, housing characteristics, including overcrowding, and housing stock condition.
(3) An inventory of land suitable and available for residentia l development, including vacant sites and sites having realistic and demonstrated potential for redevelopment during the planning period to meet the locality’s housing need for a designated income level, and an analysis of the relationship of zoning and public facilities an d services to these sites.
(4) (A) The identification of a zone or zones where emergency shelters are allowed as a permitted use without a conditional use or oth er discretionary permit. The identified zone or zones shall include sufficient capacity to accommodate the need for emergency shelter identified in paragraph (7), except that each local government shall identify a zone or zones that can accommodate at least one year-round emergency shelter. If the local government cannot identify a zone or zones with sufficient capacity, the local government shall include a program to amend its zoning ordinance to meet the requirements of this paragraph within one year of the adoption of the housing element. The local government may identify additional zones where emergency shelters are permitted with a conditional use permit. The local government shall also demonstrate that existing or proposed permit processing, development, and management standards are objective a n d encourage and facilitate the development of, or conversion to, emergency shelters. Emergency shelters may only be subject to those development and management standards that apply to residential or commercial development within the same zone except that a local government may apply written, objective standards that include all of the following:
(i) The maximum number of beds or persons permitted to be serv ed nightly by the facility.
(ii) Off-street parking based upon demonstrated need, provided that the standards do not require more parking for emergency shelters than for other residential or commercial uses within the same zone.
(iii) The size and location of exterior and interior onsite waiting and client intake areas.
(iv) The provision of onsite management.
(v) The proximity to other emergency shelters, provided that emergency shelters are not required to be more than 300 feet apart. (vi) The length of stay.
(vii) Lighting.
(viii) Security during hours that the emergency shelter is in operation. (B) The permit processing, development, and management standar ds applied under this paragraph shall not be deemed to be discretionary acts within the meaning of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code). 93 — 12 —Ch. 753
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(C) A local government that can demonstrate to the satisfactio n of the department the existence of one or more emergency shelters either within its jurisdiction or pursuant to a multijurisdictional agreement that can accommodate that jurisdiction’s need for emergency shelter identified in paragraph (7) may comply with the zoning requirements of subparagraph (A) by identifying a zone or zones where new emergency shelters are allowed with a conditional use permit.
(D) A local government with an existing ordinance or ordinance s that comply with this paragraph shall not be required to take additional action to identify zones for emergency shelters. The housing element must only describe how existing ordinances, policies, and standards are c onsistent with the requirements of this paragraph.
(5) An analysis of potential and actual governmental constrain ts upon the maintenance, improvement, or development of housing for all income levels, including the types of housing identified in paragraph ( 1) of subdivision (c), and for persons with disabilities as identified in the analysis pursuant to paragraph (7), including land use controls, buildin g codes and their enforcement, site improvements, fees and other exactions required of developers, local processing and permit procedures, and any locally adopted ordinances that directly impact the cost and supply of resident ial development. The analysis shall also demonstrate local efforts to remove governmental constraints that hinder the locality from meeting its share of the regional housing need in accordance with Section 65584 and from meeting the need for housing for persons with disabilities, supportive housing, transitional housing, and emergency shelters identified pursuant to paragraph (7).
(6) An analysis of potential and actual nongovernmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the availability of financing, the price of land, the cost of construction, the requests to develop housing at densities belo w those anticipated in the analysis required by subdivision (c) of Sect ion 65583.2, and the length of time between receiving approval for a housing development and submittal of an application for building permits for that h ousing development that hinder the construction of a locality’s share of the regional housing need in accordance with Section 65584. The analysis shall also demonstrate local efforts to remove nongovernmental constraints that create a gap between the locality’s planning for the development of ho using for all income levels and the construction of that housing. (7) An analysis of any special housing needs, such as those of the elderly; persons with disabilities, including a developmental disability , as defined in Section 4512 of the Welfare and Institutions Code; large families; farmworkers; families with female heads of households; and families and persons in need of emergency shelter. The need for emergency shelter shall be assessed based on annual and seasonal need. The need for eme rgency shelter may be reduced by the number of supportive housing units that are identified in an adopted 10-year plan to end chronic homelessness and that are either vacant or for which funding has been identified to al low 93 Ch. 753— 13 —
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construction during the planning period. An analysis of special housing needs by a city or county may include an analysis of the need f or frequent user coordinated care housing services.
(8) An analysis of opportunities for energy conservation with respect to residential development. Cities and counties are encouraged to include weatherization and energy efficiency improvements as part of pub licly subsidized housing rehabilitation projects. This may include energy efficiency measures that encompass the building envelope, its heating and cooling systems, and its electrical system.
(9) An analysis of existing assisted housing developments that are eligible to change from low-income housing uses during the next 10 years due to termination of subsidy contracts, mortgage prepayment, or expir ation of restrictions on use. “Assisted housing developments,” for the purpose of this section, shall mean multifamily rental housing that receiv es governmental assistance under federal programs listed in subdivision (a) of Section 65863.10, state and local multifamily revenue bond programs, local redevelopment programs, the federal Community Development Block Grant Program, or local in-lieu fees. “Assisted housing developments” shall also include multifamily rental units that were developed pursuant to a local inclusionary housing program or used to qualify for a density bonus pursuant to Section 65916.
(A) The analysis shall include a listing of each development by project name and address, the type of governmental assistance received, the earliest possible date of change from low-income use, and the total number of elderly and nonelderly units that could be lost from the locality’s low-income housing stock in each year during the 10-year period. For purposes of state and federally funded projects, the analysis required by this subparagraph need only contain information available on a statewide basis. (B) The analysis shall estimate the total cost of producing ne w rental housing that is comparable in size and rent levels, to replace the units that could change from low-income use, and an estimated cost of preserving the assisted housing developments. This cost analysis for replacement housing may be done aggregately for each five-year period and does not h ave to contain a project-by-project cost estimate.
(C) The analysis shall identify public and private nonprofit corporations known to the local government that have legal and managerial capacity to acquire and manage these housing developments.
(D) The analysis shall identify and consider the use of all federal, state, and local financing and subsidy programs that can be used to preserve, for lower income households, the assisted housing developments, identified in this paragraph, including, but not limited to, federal Communit y Development Block Grant Program funds, tax increment funds received by a redevelopment agency of the community, and administrative fees received by a housing authority operating within the community. In considering the use of these financing and subsidy programs, the analysis shall identify the amounts of funds under each available program that have not been legally 93 — 14 —Ch. 753
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obligated for other purposes and that could be available for use in preserving assisted housing developments.
(b) (1) A statement of the community’s goals, quantified objectives, and policies relative to the maintenance, preservation, improvement , and development of housing.
(2) It is recognized that the total housing needs identified pu rsuant to subdivision (a) may exceed available resources and the community’s ability to satisfy this need within the content of the general plan requirements outlined in Article 5 (commencing with Section 65300). Under th ese circumstances, the quantified objectives need not be identical to the total housing needs. The quantified objectives shall establish the maximum number of housing units by income category, including extremely l o w income, that can be constructed, rehabilitated, and conserved over a five-year time period.
(c) A program that sets forth a schedule of actions during the planning period, each with a timeline for implementation, that may recognize that certain programs are ongoing, such that there will be beneficial impacts of the programs within the planning period, that the local governm ent is undertaking or intends to undertake to implement the policies and achieve the goals and objectives of the housing element through the administration of land use and development controls, the provision of regulatory concessions and incentives, the utilization of appropriate federal and state financing and subsidy programs when available, and the utilization of moneys in a low- and moderate-income housing fund of an agency if the locality h as established a redevelopment project area pursuant to the Commun ity Redevelopment Law (Division 24 (commencing with Section 33000) of the Health and Safety Code). In order to make adequate provision for the housing needs of all economic segments of the community, the program shall do all of the following:
(1) Identify actions that will be taken to make sites available during the planning period with appropriate zoning and development standar ds and with services and facilities to accommodate that portion of the city’s or county’s share of the regional housing need for each income level that could not be accommodated on sites identified in the inventory completed pursuant to paragraph (3) of subdivision (a) without rezoning, and to comply with the requirements of Section 65584.09. Sites shall be identified as needed to facilitate and encourage the development of a variety of types of housing for all income levels, including multifamily rental housing, factory-built housing, mobilehomes, housing for agricultural employees, supportive housing, single-room occupancy units, emergency shelters, and transitional housing.
(A) Where the inventory of sites, pursuant to paragraph (3) of subdivision (a), does not identify adequate sites to accommodate the need for groups of all household income levels pursuant to Section 65584, rezoning of those sites, including adoption of minimum density and development st andards, for jurisdictions with an eight-year housing element planning period pursuant to Section 65588, shall be completed no later than three years after either 93 Ch. 753— 15 —
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the date the housing element is adopted pursuant to subdivision (f) of Section 65585 or the date that is 90 days after receipt of comments fro m the department pursuant to subdivision (b) of Section 65585, whiche ver is earlier, unless the deadline is extended pursuant to subdivisio n (f).

Notwithstanding the foregoing, for a local government that fails to adopt a housing element within 120 days of the statutory deadline in Section 65588 for adoption of the housing element, rezoning of those sites, including adoption of minimum density and development standards, shall be completed no later than three years and 120 days from the statutory deadline in Section 65588 for adoption of the housing element.
(B) Where the inventory of sites, pursuant to paragraph (3) of subdivision (a), does not identify adequate sites to accommodate the need for groups of all household income levels pursuant to Section 65584, the program shall identify sites that can be developed for housing within the planning period pursuant to subdivision (h) of Section 65583.2. The identification of sites shall include all components specified in Section 65583.2. (C) Where the inventory of sites pursuant to paragraph (3) of subdivision (a) does not identify adequate sites to accommodate the need for farmworker housing, the program shall provide for sufficient sites to meet the need with zoning that permits farmworker housing use by right, including density and development standards that could accommodate and facilitate the feasibility of the development of farmworker housing for low- and very low income households.
(2) Assist in the development of adequate housing to meet the needs of extremely low, very low, low-, and moderate-income households. (3) Address and, where appropriate and legally possible, remov e governmental and nongovernmental constraints to the maintenance , improvement, and development of housing, including housing for all income levels and housing for persons with disabilities. The program shall remove constraints to, and provide reasonable accommodations for housing designed for, intended for occupancy by, or with supportive services for, persons with disabilities. Transitional housing and supportive housing shall be considered a residential use of property and shall be subject o nly to those restrictions that apply to other residential dwellings of the same type in the same zone. Supportive housing, as defined in Section 65650, shall be a use by right in all zones where multifamily and mixed uses are permitted, as provided in Article 11 (commencing with Section 65650). (4) Conserve and improve the condition of the existing affordable housing stock, which may include addressing ways to mitigate the loss of dwelling units demolished by public or private action.
(5) Promote and affirmatively further fair housing opportunitie s and promote housing throughout the community or communities for all persons regardless of race, religion, sex, marital status, ancestry, national origin, color, familial status, or disability, and other characteristic s protected by the California Fair Employment and Housing Act (Part 2.8 (comme ncing with Section 12900) of Division 3 of Title 2), Section 65008, and any other state and federal fair housing and planning law.
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(6) Preserve for lower income households the assisted housing developments identified pursuant to paragraph (9) of subdivision (a). The program for preservation of the assisted housing developments shall utilize, to the extent necessary, all available federal, state, and local financing and subsidy programs identified in paragraph (9) of subdivision (a), except where a community has other urgent needs for which alternative funding sources are not available. The program may include strategies that involve local regulation and technical assistance.
(7) Include an identification of the agencies and officials responsible for the implementation of the various actions and the means by whic h consistency will be achieved with other general plan elements a nd community goals.
(8) Include a diligent effort by the local government to achieve public participation of all economic segments of the community in the development of the housing element, and the program shall describe this effort. (9) (A) Affirmatively further fair housing in accordance with Chapter 15 (commencing with Section 8899.50) of Division 1 of Title 2. The program shall include an assessment of fair housing in the jurisdiction that shall include all of the following components:
(i) A summary of fair housing issues in the jurisdiction and an assessment of the jurisdiction’s fair housing enforcement and fair housing outreach capacity.
(ii) An analysis of available federal, state, and local data and knowledge to identify integration and segregation patterns and trends, ra cially or ethnically concentrated areas of poverty, disparities in access to opportunity, and disproportionate housing needs within the jurisdiction, including displacement risk.
(iii) An assessment of the contributing factors for the fair housing issues identified under clause (ii).
(iv) An identification of the jurisdiction’s fair housing priorities and goals, giving highest priority to those factors identified in clause (iii) that limit or deny fair housing choice or access to opportunity, or negatively impact fair housing or civil rights compliance, and identifying the metrics and milestones for determining what fair housing results will be achieved. (v) Strategies and actions to implement those priorities and goals, which may include, but are not limited to, enhancing mobility strateg ies and encouraging development of new affordable housing in areas of opportunity, as well as place-based strategies to encourage community revitalization, including preservation of existing affordable housing, and protecting existing residents from displacement.
(B) A jurisdiction that completes or revises an assessment of fair housing pursuant to Subpart A (commencing with Section 5.150) of Part 5 of Subtitle A of Title 24 of the Code of Federal Regulations, as published in V olume 80 of the Federal Register, Number 136, page 42272, dated July 16, 2015, or an analysis of impediments to fair housing choice in accordance with the requirements of Section 91.225 of Title 24 of the Code of Federal Regulations in effect prior to August 17, 2015, may incorporate relevant 93 Ch. 753— 17 —
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portions of that assessment or revised assessment of fair housing or analysis or revised analysis of impediments to fair housing into its housing element. (C) The requirements of this paragraph shall apply to housing elements due to be revised pursuant to Section 65588 on or after January 1, 2021. (d) (1) A local government may satisfy all or part of its requirement to identify a zone or zones suitable for the development of emergency shelters pursuant to paragraph (4) of subdivision (a) by adopting and implementing a multijurisdictional agreement, with a maximum of two other adjacent communities, that requires the participating jurisdictions to develop at least one year-round emergency shelter within two years of the beginning of the planning period.
(2) The agreement shall allocate a portion of the new shelter capacity to each jurisdiction as credit toward its emergency shelter need, and each jurisdiction shall describe how the capacity was allocated as part of its housing element.
(3) Each member jurisdiction of a multijurisdictional agreement shall describe in its housing element all of the following:
(A) How the joint facility will meet the jurisdiction’s emergency shelter need.
(B) The jurisdiction’s contribution to the facility for both the development and ongoing operation and management of the facility.
(C) The amount and source of the funding that the jurisdiction contributes to the facility.
(4) The aggregate capacity claimed by the participating jurisdictions in their housing elements shall not exceed the actual capacity of the shelter. (e) Except as otherwise provided in this article, amendments to this article that alter the required content of a housing element shall appl y to both of the following:
(1) A housing element or housing element amendment prepared pursuant to subdivision (e) of Section 65588 or Section 65584.02, when a city, county, or city and county submits a draft to the department for review pursuant to Section 65585 more than 90 days after the effective date of the amendment to this section.
(2) Any housing element or housing element amendment prepared pursuant to subdivision (e) of Section 65588 or Section 65584.02, when the city, county, or city and county fails to submit the first draft to the department before the due date specified in Section 65588 or 65584.02. (f) The deadline for completing required rezoning pursuant to subparagraph (A) of paragraph (1) of subdivision (c) shall be e xtended by one year if the local government has completed the rezoning at densities sufficient to accommodate at least 75 percent of the units for low- and very low income households and if the legislative body at the conclu sion of a public hearing determines, based upon substantial evidence, that any of the following circumstances exist:
(1) The local government has been unable to complete the rezoning because of the action or inaction beyond the control of the local government of any other state, federal, or local agency.
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(2) The local government is unable to complete the rezoning because of infrastructure deficiencies due to fiscal or regulatory constraints. (3) The local government must undertake a major revision to its general plan in order to accommodate the housing-related policies of a sustainable communities strategy or an alternative planning strategy adopted pursuant to Section 65080.

The resolution and the findings shall be transmitted to the department together with a detailed budget and schedule for preparation and adoption of the required rezonings, including plans for citizen participation and expected interim action. The schedule shall provide for adoptio n of the required rezoning within one year of the adoption of the resolution. (g) (1) If a local government fails to complete the rezoning by the deadline provided in subparagraph (A) of paragraph (1) of subdivision (c), as it may be extended pursuant to subdivision (f), except as provided in paragraph (2), a local government may not disapprove a housing development project, nor require a conditional use permit, planned unit development permit, or other locally imposed discretionary permit, or impose a condition that would render the project infeasible, if the ho using development project (A) is proposed to be located on a site required to be rezoned pursuant to the program action required by that subparagraph and (B) complies with applicable, objective general plan and zoning standards and criteria, including design review standards, described in t he program action required by that subparagraph. Any subdivision of sites shall be subject to the Subdivision Map Act (Division 2 (commencing with Section 66410)). Design review shall not constitute a “project” for pur poses of Division 13 (commencing with Section 21000) of the Public Resources Code.
(2) A local government may disapprove a housing development described in paragraph (1) if it makes written findings supported by subst antial evidence on the record that both of the following conditions exist:
(A) The housing development project would have a specific, adve rse impact upon the public health or safety unless the project is disapproved or approved upon the condition that the project be developed at a lower density.

As used in this paragraph, a “specific, adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditi ons as they existed on the date the application was deemed complete. (B) There is no feasible method to satisfactorily mitigate or avoid the adverse impact identified pursuant to paragraph (1), other than the disapproval of the housing development project or the approval of the project upon the condition that it be developed at a lower density. (3) The applicant or any interested person may bring an action to enforce this subdivision. If a court finds that the local agency disapproved a project or conditioned its approval in violation of this subdivision, the court shall issue an order or judgment compelling compliance within 60 days. The court shall retain jurisdiction to ensure that its order or judgment is carried out. If the court determines that its order or judgment has not been carried 93 Ch. 753— 19 —
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out within 60 days, the court may issue further orders to ensure that the purposes and policies of this subdivision are fulfilled. In any such action, the city, county, or city and county shall bear the burden of proof. (4) For purposes of this subdivision, “housing development project” means a project to construct residential units for which the project developer provides sufficient legal commitments to the appropriate local agency to ensure the continued availability and use of at least 49 percent of the housing units for very low, low-, and moderate-income households with an affordable housing cost or affordable rent, as defined in Section 50052.5 o r 50053 of the Health and Safety Code, respectively, for the period required by the applicable financing.
(h) An action to enforce the program actions of the housing element shall be brought pursuant to Section 1085 of the Code of Civil Procedure.

SEC. 3. Article 11 (commencing with Section 65650) is added to Chapter 3 of Division 1 of Title 7 of the Government Code, to read:

Article 11. Supportive Housing
65650. For purposes of this article, the following definitions shall apply:
(a) “Supportive housing” shall have the same meaning as defined i n Section 50675.14 of the Health and Safety Code.
(b) “Supportive services” shall have the same meaning as defined in Section 65582.
(c) “Target population” shall have the same meaning as defined in Section 50675.14 of the Health and Safety Code.
(d) “Use by right” shall have the same meaning as defined in subdivision (i) of Section 65583.2.
65651. (a) Supportive housing shall be a use by right in zones where multifamily and mixed uses are permitted, including nonresidential zones permitting multifamily uses, if the proposed housing development satisfies all of the following requirements:
(1) Units within the development are subject to a recorded affordability restriction for 55 years.
(2) One hundred percent of the units, excluding managers’ units, within the development are dedicated to lower income households and are receiving public funding to ensure affordability of the housing to lower income Californians. For purposes of this paragraph, “lower income hou seholds” has the same meaning as defined in Section 50079.5 of the Health and Safety Code.
(3) At least 25 percent of the units in the development or 12 units, whichever is greater, are restricted to residents in supportive housing who meet criteria of the target population. If the development consists of fewer than 12 units, then 100 percent of the units, excluding manager s’ units, in the development shall be restricted to residents in supportive housing. (4) The developer provides the planning agency with the inform ation required by Section 65652.
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(5) Nonresidential floor area shall be used for onsite supportive services in the following amounts:
(A) For a development with 20 or fewer total units, at least 9 0 square feet shall be provided for onsite supportive services.
(B) For a development with more than 20 units, at least 3 percent of the total nonresidential floor area shall be provided for onsite supportive services that are limited to tenant use, including, but not limited to, community rooms, case management offices, computer rooms, and community kitchens. (6) The developer replaces any dwelling units on the site of the supportive housing development in the manner provided in paragraph (3) of subdivision (c) of Section 65915.
(7) Units within the development, excluding managers’ units, include at least one bathroom and a kitchen or other cooking facilities, including, at minimum, a stovetop, a sink, and a refrigerator.
(b) The local government may require a supportive housing development subject to this article to comply with objective, written development standards and policies; provided, however, that the development shall only be subject to the objective standards and policies that apply to other multifamily development within the same zone.
(c) Notwithstanding any other provision of this section to the contrary, the local government shall, at the request of the project owner, reduce the number of residents required to live in supportive housing if the project-based rental assistance or operating subsidy for a supportive housing project is terminated through no fault of the project owner, but only if all of the following conditions have been met:
(1) The owner demonstrates that it has made good faith efforts to find other sources of financial support.
(2) Any change in the number of supportive service units is restricted to the minimum necessary to maintain project’s financial feasibility. (3) Any change to the occupancy of the supportive housing units is made in a manner that minimizes tenant disruption and only upon the vacancy of any supportive housing units.
(d) If the proposed housing development is located within a city with a population of fewer than 200,000 or the unincorporated area of a county with a population of fewer than 200,000, and the city or the unincorporated area of the county has a population of persons experiencing hom elessness of 1,500 or fewer, according to the most recently published homeless point-in-time-count, the development, in addition to the requirements of subdivision (a), shall consist of 50 units or fewer to be a use by right pursuant to this article. A city or county described in this subdivision may develop a policy to approve as a use by right proposed housing developments with a limit higher than 50 units.
65652. A developer of supportive housing subject to this article shall provide the planning agency with a plan for providing supportive services, with documentation demonstrating that supportive services will be provided onsite to residents in the project, as required by Section 6565 1, and describing those services, which shall include all of the following:
93 Ch. 753— 21 —
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(a) The name of the proposed entity or entities that will provide supportive services.
(b) The proposed funding source or sources for the provided onsite supportive services.
(c) Proposed staffing levels.
65653. (a) The local government shall approve a supportive housing development that complies with the applicable requirements of this article. (b) The local government shall notify the developer whether th e application is complete within 30 days of receipt of an application to develop supportive housing in accordance with this article. The local government shall complete its review of the application within 60 days after the application is complete for a project with 50 or fewer units, o r within 120 days after the application is complete for a project with more than 50 units. 65654. If the supportive housing development is located within one-half mile of a public transit stop, the local government shall not impose any minimum parking requirements for the units occupied by supportive housing residents.
65655. This article shall not be construed to do either of the following:
(a) Preclude or limit the ability of a developer to seek a den sity bonus from the local government pursuant to Section 65915.
(b) Expand or contract the authority of a local government to adopt or amend an ordinance, charter, general plan, specific plan, resolution, or other land use policy or regulation that promotes the development of supportive housing.
65656. The Legislature finds and declares that the provision of adequate supportive housing to help alleviate the severe shortage of hou sing opportunities for people experiencing homelessness in this state and of necessary services to the target population described in Sectio n 50675.14 of the Health and Safety Code is a matter of statewide concern and is not a municipal affair as that term is used in Section 5 of Article X I of the California Constitution. Therefore, this article applies to all cities, including charter cities.

SEC. 4. Section 2.5 of this bill incorporates amendments to Section 65583 of the Government Code proposed by both this bill and Assembly Bill 686. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2019, (2) each bill amends Section 65583 of the Government Code, and (3) this bill is enacted after Assembly Bill 686, in which case Section 2 of this bill shall not become operative.

SEC. 5. 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
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CITY OF HERCULES

COMMUNITY DEVELOPMENT DEPARTMENT
TO: Mayor Walker-Griffin and Members of the City Council SUBMITTED BY: Timothy Rood AICP, Community Development Director Larissa Alchin, M-Group Consultant Planner
MEETING DATE: January 10, 2022
SUBJECT: Ordinance to Amend Hercules Municipal Code Title 9, Chapters 1-18, Adopting by Reference the New California Code of Regulations Title 24, 2022 Edition of the California Building Standards Code with amendments developed by City of Hercules, Contra Costa County and the Rodeo–Hercules Fire Protection District.

RECOMMENDATION
That the City Council:

1. Request planning staff pr esent the staff report;

2. Open the public hearing;

3. Receive comments from the public;

4. Close the public hearing;

5. Request clarification from st aff on any issues related to the Ordinance;

6. Adopt first reading of amended Ordinance.

BACKGROUND
California’s statewide construc tion codes are updated every thre e years. The attached draft ordinance would update the City’s Building and Fire Codes for the 2022 code cycle, in alignment with County and Fire District code updates as well as the City’ s All-Electric Building Code. The proposed ordinance also amends the statewide codes due to local conditions as described in the attached County and Fire Protection District ordinances and adopted findings.

Construction Code Amendments
The California Building Standards Commission has adopted the 20 22 California Building Standards Code (CBSC), replacing the 2019 CBSC. The CBSC includ es the California Building, Residential, Electrical, Plumbing, Mechanical, Green Building Standards, Fire, Energy, Historical Building, and Existing Building Codes. These statewide codes will be effective January 1, 2023.

The codes used by the City of Hercules for construction are: Administrative Code, Building Code, Plumbing Code, Mechanical Code, Electrical Code, Building Secur ity Code, Abatement of Dangerous Buildings, Energy Code , Historical Code, Existing Bui lding Code, Referenced 173
Standards Code, Fire Code, Green Building Standards Code, and Residential Code. The City also adopts Title 25, Division 1, Chap ter 1, Uniform Housing Code, a nd the International Property Maintenance Code, which are not part of the California Code of Regulations.

DISCUSSION
Title 24 of the California Building Standards Code of Regulatio ns contains most of the construction codes adopted by the City of Hercules. After a tho rough review process that takes place over a three-year period, the CBSC is developed and published in its entirety by order of the California Legislature. Jurisdi ctions then have two choices: ad opt the codes as printed, or adopt the codes with amendments. A c ity or county may establish more r estrictive building standards (amendments) reasonably necessary because of local climatic, ge ological, or topographical conditions. Whenever an enforcement authority wants to make the Code more stringent than the published version, they must submit the request to the California Building Standards Commission and present a basis of conditions that make the changes necessary. The code changes contained in the amended ordinance as recommended have been proposed and app roved by the Contra Costa County Board of Supervisors (Board) (Attachment 2), and the findings of necessity have been filed with the California Building Standards Commission.

The City’s adoption of County ame ndments is authorized in Secti ons 50020-50022.9 of the California Government Code wit hout adopting separate filing of findings and therefore their findings are attached to this staff report (Attachment 3) and are not required to be forwarded to the California Building Standards Commission. Staff took the Count y’s Ordinance and integrated it into the City’s Municipal Code format, except for the County’s all-electric building amendment, which is different from the City’s all-electric ordinance.

All-Electric Ordinance
On May 24, 2022, the City of Hercules adopted Ordinance No. 539 “All-Electric Ordinance” (Attachment 4) amending Chapter 5 of Title 9 of the Hercules Municipal Code to require all newly constructed and rebuilt residential, detached accessory dwellin g unit, hotel, and office type buildings be all-electric buildings, with exemptions. An all-ele ctric building is defined as a building that has no natural gas or propane plumbing within the building and uses electricity as the sole source of energy for its space heating, water heating, coo king appliances and clothes drying appliances. This amendment would impose a stricter standard tha n that included in the statewide code, as the statewide code has no requirement for all-electric buildings, and it is consistent with the current All-Electric Ordinance previously adopted by Council.

County Ordinance
During review of the City’s draft ordinance, and after the agenda materials were posted, County staff identified three items that had been modified by the Board during the Contra Costa Board of Supervisors hearing to adopt the 2022 CBSC. Those changes have been incorporated in this report and draft ordinance in order to keep the City’s requirements for EV Chargers consistent with the County’s. This consistency greatly facilitates effective administration of the Building code by City and County staff.
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These three changes are as follows:
x Section 4.106.4.2.1 on page 36 change d to 10% EV Charger require ment for <20 dwelling/sleeping units
x Section 4.106.4.2.2 on page 38 added (buildings with 20 or more units) x The non-residential table 5.106.5.3.1 on page 41 changed to 10% EVCS The following are the substantive changes to the 2022 California Building Standards Code as adopted by Contra Costa County:

Modifications to the 2022 California Building Code
x Require the installation of a hard-wired smoke detector in existing flat roof buildings when a pitched roof is added on top of the existing flat roof and the solid sheathing of the flat roof is not removed. This amendment is the same as the local amendment made to the previous statewide code.
x Require more reinforcing in some building foundations to better withstand seismic forces found in this region of California. This amendment is the same as thelocal amendment made to the previous statewide code.

Modifications to the 2022 California Residential Code
x Prohibit the use of gypsum wallboard as seismic bracing. x Restrict the use of Portland Cement Plaster as seismic bracing to single-story single- and two-family dwellings and accessory structures.

Modifications to the 2022 California Green Building Standards Code x The electric vehicle charging station (EVCS) requirements in the statewide code for new multi-family buildings now meet or exceed the local amendments made to the previous statewide code, with the substantive exceptions noted below. o The statewide code does not require fully-functional EVCS for new multi- family dwellings, hotels, and motels when fewer than 20 dwelling units, sleeping units, or guest rooms exist. The statewide code requires that 10 percent and 25 percent of the total number of parking spaces be “EV Capable” or “EV Ready” respectively. These spaces are equipped with the electrical conduit and other associated electrical infrastructure to support the future installation of electric vehicle charging devices. The ordinance would require that in addition to the statewide requirements as noted above, an additional 10 percent of the total number of parking spaces be equipped with fully-functional electric vehicle charging equipment. This would match the statewide code requirements for multi-family dwellings with 20 or more units and aligns with the prior Board decision not to exempt smaller multi-family dwellings from the requirement to have fully- functional charging stations. This amendment would impose a stricter standard than that included in the statewide code, and the number of fully operational electric vehicle charging stations is consistent with the current policy previously adopted by the Board.
o The statewide code does not require fully-functional EVCS for new multi- family dwellings, hotels, and motels when 20 or more dwelling units; and 175
hotels and motels with 20 or more sleeping units or guest rooms exist. The statewide code requires that 10 percent and 25 percent of the total number of parking spaces be “EV Capable” or “EV Ready” respectively. These spaces are equipped with the electrical conduit and other associated electrical infrastructure to support the future installation of electric vehicle charging devices. The ordinance would require that in addition to the statewide requirements as noted above, an additional 10 percent of the total number of parking spaces be equipped with fully-functional electric vehicle charging equipment. This would match the statewide code requirements for multi- family dwellings with 20 or more units and aligns with the prior Board decision not to exempt smaller multi-family dwellings from the requirement to have fully-functional charging stations. This amendment would impose a stricter standard than that included in the statewide code, and the number of fully operational electric vehicle charging stations is consistent with the current policy previously adopted by the Board.
x The electric vehicle charging station (EVCS) requirements in the statewide code for new non-residential buildings now meet or exceed the local amendments made to the previous statewide code, with the substantive exceptions noted below. o The statewide code requires that building sites include spaces for both future “EV Capable” spaces that are equipped with the electrical conduit and other associated electrical infrastructure to support the future installation of electric vehicle charging devices and fully-functional EVCS, but the number of fully-functional EVCS spaces required by the statewide code is generally limited to 4-5 percent of the total number of parking spaces. The ordinance would amend the number of fully-functional EVCS spaces required to a minimum of 10 percent of the total number of parking spaces, which maintains requirements previously adopted by the Board.

This amendment would impose a stricter standard than that included in the statewide code, and the number of fully operational electric vehicle charging stations is consistent with the current policy previously adopted by the Board.
o The statewide code does not require fully-functional EVCS where the total number of parking spaces provided is fewer than 26. The ordinance would require a proportional nu
mber of fully-functional EVCS spaces where the
number of parking spaces is 10 or more, which is the threshold previously adopted by the Board. This amendment would impose a stricter standard than that included in the statewide code, and the number of fully operational electric vehicle charging stations is consistent with the current policy previously adopted by the Board.
x More restrictive construction waste reduction, disposal, and recycling standards consistent with those presently enforced in the County, including: Apply construction waste management requirements in the statewide code to certain projects for existing residential buildings, including the following: Projects that increase the total combined conditioned and unconditioned building areaby 5,000 square feet or more. Projects thatimpact 5,000 square feet or more of thetotal 176
combined conditioned and unconditioned building area. Demolition projects when a demolition permit is required, except demolition projects that are necessary to abate a public nuisance. Delete the exception from construction waste management requirements for projects solely based on their isolated location from diversion facilities. Require measuring and documentation of all generated debris to ensure that at least 65% is diverted from landfills. These amendments are the same local amendments made to the previous statewide code.

Modifications to the 2022 California Existing Building Code The amendments to the 2022 California Existing Building Code are not substantive in nature and are limited to administrative provisions for theu s ea n d enforcement of this Code and to be consistent with the administrative provisions of the other statewide codes as amended.

Since Contra Costa County has been providing building inspection and plan check services for the City for many years and is anticipated to continue doing so in t he future, staff agrees with and recommends adoption of the proposed amendments to the codes, wh ich will help ensure uniform plan check and inspections wheth er in Hercules or another part of the County. However, as previously noted, one exception to the County amendments will be made for the City’s recently adopted All-Electric Ordinance (Attachment 4) replacing the County’s all electric amendment.

Fire Code Amendments
The Hercules-Rodeo Fire Protection District (District) Board of Directors recently approved its 2022-01 Fire Code ordinance with amendments and findings in sup port based on facts of local climatic, geological, or topographical conditions (see Attachme nt 5 for amendments and Attachment 6 supporting findings). RHFD requests that the City ra tify the Fire Code and amendments thereto prior to submitting to the California Building Standards Commission.

The City’s adoption of the Fire District’s amendments is authorized in Sections 50020-50022.9 of the California Government Code without adopting separate filing of findings, and therefore the District’s findings are attached to this staff report (Attachment 6) herein and are not required to be forwarded to the California Building Standards Commission.

Staff has reviewed the amendments proposed by the Fire District and integrated their Ordinance into the City’s Municipal Code format and is recommending incorporation of the amendments into the Hercules Municipal Code as approved by the Rodeo-Hercules F ire Protection District Board of Directors.

ATTACHMENTS

1. Draft Ordinance

2. Contra Costa County Ordinance No. 2022-35 – Building Code Adoption for integration

3. Contra Costa County Ordinance No. 2022-35 Supporting Findings for Building Code Modifications

4. City of Hercules All-Electric Ordinance No. 539
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5. Rodeo–Hercules Fire Protection District Ordinance #2022-01 - Fire Code for integration

6. Staff Report - Rodeo–Hercules Fire Protection District Ordinance #2022-01 – Supporting Findings for Fire Code Modifications
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2022 California Building
Standards Code Update
Amending Hercules Municipal Code
Building Regulations
Title 9, Chapters 1-18

CITY OF HERCULES CITY COUNCIL MEETING
JANUARY 10, 2023
179
Background
State Building Code Title 24
• California Building Standards Commission adopted the 2022 California Building Standards Code (CBSC), replacing the 2019 CBSC • CBSC includes the California Building, Residential, Electrical, Plumbing, Mechanical, Green Building Standards, Fire, Energy, Historical Building, and Existing Building Codes
Hercules Building Code – Hercules Municipal Code Title 9 • Local jurisdictions may establish more restrictive building standards (amendments) reasonably necessary because of local climatic, geological, or topographical conditions.
• Hercules All-Electric Ordinance is included as an amendment to the 2022 CBSC • Adopt 2022 CBSC by reference with amendments adopted by Contra Costa County • Adopt 2022 Fire Code by reference with amendments adopted by Hercules-Rodeo Fire Protection District Contra Costa County
• Contra Costa County Board of Supervisors adopted the 2022 California Building Standards Code with amendments and findings base d on facts of local climatic, geological, or topographical conditions Fire Code
• The Hercules-Rodeo Fire Protection District Board of Directors adopted the 2022 Fire Code with amendments and findings in support based on facts of local climatic, geological, or topographical conditions. 180
Substantial Modifications
• On May 24, 2022, the City of Hercules adopted
Ordinance No. 539 “All-Electric Ordinance” and will
remain as an amendment to HMC Sec. 9-5.04.
• Contra Costa County’s All-Electric amendment is not
adopted by reference to HMC.

Hercules All-Electric Ordinance
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Substantial Modifications
• Require installation of a hard-wired smoke detector in some existing flat roof buildings
• Require more reinforcing in some building foundations to better withstand seismic forces
Building Code
• Prohibit the use of gypsum wallboard as seismic bracing • Restrict the use of Portland Cement Plaster as seismic bracing to single-story single- and two-family dwellings and accessory structures Residential Code
182
Substantial Modifications
• Electric vehicle charging station (EVCS) requirements in the statewide code for new multi-family buildings meet or exceed the county amendments with the substantive exceptions as detailed in Staff Report.
• EVCS requirements in the statewide code for new non-residential buildings meet or exceed the county amendments with the substantive exceptions as detailed in Staff Report
• More restrictive construction waste reduction, disposal, and recycling Green Building Standards Code
183
Substantial Modifications
• Clarification of the appeal process to the Board of
Appeals
• Amended definitions
• Clarification of fire sprinkler requirements
applicable to substantial additions, remodels and
alterations or repairs.

Fire Code
184
Questions and Comments
185
ORDINANCE NO. _____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERCULES AMENDI NG PROVISIONS OF THE HERCULES MUNICIPAL CODE TITLE 9, CHAPTERS 1–1 8, ADOPTING BY REFERENCE THE NEW 2022 EDITION OF THE CALIFORNIA CODE OF REGULATIONS TITLE 24 OF THE CALIFORNIA BUILDING STANDARDS CODE WITH

AMENDMENTS DEVELOPED BY THE CITY OF HERCULES, CONTRA COSTA COUNTY AND THE RODEO–HERCULES FIRE PROTECTION DISTRICT.

WHEREAS, every three years the State of California adopts new construction codes; and WHEREAS, the City of Hercules desires t o adopt the new construction code s with amendments developed and adopted by the City of Hercules through its Ordinance No. 539, Contra Costa County through its Ordinance No. 2022-35 and by the Rodeo–Hercules Fire Protection District through its Ordinance No. 2022-01; and
WHEREAS, the findings in support of County and Fire District changes, additions, and deletions to Statewide Building Standards Code are attached to the January 10 , 2023 City Council staff report and were reviewed and adopted by the Contra Costa County Board of Supervisors and by the Rodeo–Hercules Fire Protection District Board of Directors; and WHEREAS, adoption of County and Fire District amendments is authorized i n Sections 50020- 50022.9 of the California Governme nt Code without adopting separ ate filing of findings and therefore findings are not attached herein nor are they required to be forwarded to the California Building Standards Commission; and
WHEREAS, on May 24, 2022, the City of Hercules adopted Ordinance No. 539 “All-Electric Ordinance” amending Chapter 5 of Title 9 of the Hercules Municipal Code to require all newly constructed and rebuilt residential, detached accessory dwelling unit, hotel, and office type buildings be all-electric buildings, with exemptions;

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERCULES DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. RECITALS. The City Council hereby incorporates the above recitals into th is Ordinance by this reference.

SECTION 2. AMENDMENTS TO ADMINISTRATIVE CODE.Hercules Municipal Code, Title 9, Chapter 1, is hereby repealed and replaced in its entirety to read as follows:

Chapter 1. Building Regulations Administrative Code
Sec. 9-1.01 Administration.

These regulations shall be known as the “California Administrative Code,” and may be so cited, and will be referred to herein as “this Chapter.” This Code is one of the technical codes of Building Regulations and is a dministered under Title 9, Chapter 1 of the Hercules Municipal Code.
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Sec. 9-1.02 Adoption by Reference.

The California Administrative Code, 2022 Edition, published by t he International Code Council, as modified by the Stat e of California and published i n the “California Code of Regulations, Title 24, Part 1,” i s adopted by reference and mad e a part of this Chapter as though fully set forth herein.

Sec. 9-1.03 Copies on File.

One (1) copy of the 2022 Edition of the Californi a Administrative Code, as adopted by Section 9-1.02, and all amendments thereto, is on file in the office of the C hief Building Official for inspection by the public.

Sec. 9-1.04 Amendments, Additions, and Deletions. The following portion of the Ordinance Code of Contra Costa County, California, is adopted b y reference under the authority of Sections 50020 through 50022.9 of the California Government Code: Amending the 2022 California Administrative Code by the changes, additions, and deletions set forth in Contra Costa County Ordinance No. 2022-35, Section III, Section 74-4.002 Section numbers used below are those of the 2022 California Building Code.

Expiration of permit.
(a) A permit issued by the county building official becomes void if either of the following occur:
(1) The work authorized by the pe rmit is not commenced within 12 months after the permit issuance date. Evidence that work has commenced consists of at least one approved inspection.
(2) The work authorized by the pe rmit is suspended or abandoned for a period of 12 consecutive months after the work is commenced. Work is deemed suspended or abandoned for a period of 12 consecutive months if no approved inspection occurs during that time.
(b) A permittee holding an unexpire d permit may apply to the county building official for a permit extension. Upon written request by the permittee demonstrating justifiable cause for the delay, the county building official may extend the time of the permit for a period not exceeding 180 days. A permit may not be extended more than once. (c) Once a permit becomes voi d, a new permit must be obtained before any work is commenced or recommenced, and a new permit fee must be paid.

SECTION 3. AMENDMENTS TO BUILDING CODE.Hercules Municipal Code, Title 9, Chapter 2, Sections 9-2.02, 9-2.03,and 9-2.04 are hereby repealed and replaced in their entirety to read as follows.

Sec. 9-2.02 Adoption by Reference.

The California Building Code, 2022 Edition, (California Code of Regulations, Title 24, Part 2, Volumes 1 and 2), as published by the International Code Counc il (ICC) and adopted and amended by the California Building Standards Commission in the Ca lifornia Building Standards Code, Title 24 of the California Code of Regulations, is adopted by reference and made a part of this Chapter as though fully set forth herein, s ubject to the changes, additions, and deletions set forth in this Chapter.
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Sec. 9-2.03 Copies on File.

One (1) copy of the 2022 Edition of the California Building Code , as adopted by Section 9-

2.02, and all amendments thereto, is on file in the office of t he Chief Building Official for inspection by the public.

Sec. 9-2.04 Amendments, Additions, and Deletions. The following portion of the Ordinance Code of Contra Costa County, California, is adopted b y reference under the authority of Sections 50020 through 50022.9 of the California Government Code:

Amending the 2022 California Building Code (CBC) by the changes, a dditions, and deletions set forth in Contra C osta County Ordinance No. 2022-3 5, Chapter 74-4, “MODIFICATIONS” Section 74-4.002 Amendments to CBC as stated bel ow. Section numbers used below are those of the 2022 California Building Code. (a) CBC Chapter 1 (Scope and Administration) is amended by the provisions of Division 72 of this code and as follows:
(1) Sections 103 and 113 of CBC Chapter 1 are deleted.
(2) Section 105.2 (Work exempt from permit) of CBC Chapter 1, subsection 4 is amended to read:

4. Retaining walls that are not m ore than 3 feet in height measu red from the top of the footing to the top of the wall and that have a downw ard ground slope at the bottom of the retaining wall not exceeding 1(vertical):10(horizontal), unless supporting a surcharge or gr ound slope exceeding 1(vertical):2(horizontal) or impounding Class I, II, or III-a liquids.
(3) Section 107.2.1 (Information on construction documents) of CBC Chapter 1 is amended to read:
107.2.1 Information on Construction Documents.Construction documents shall include dimensions and shall be drawn to scale on suitable material.

Electronic media documents may be submitted when approved in advance by the building official. Construction documents shall be of sufficient clarity to indicate the location, nature, and extent of the work proposed and to show in detail that it will conform to this code and all relevant laws, ordinances, rules, and regulations. The first sheet of each set of plans shall include contact information for the owner and the person or persons who prepared the plans.

Plans shall include a plot plan showing all existing property lines labeled and fully dimensioned, the elevations of the top and toe of cuts and fills, and the location of the proposed building with distances to all property lines and to every existing building on the property. Instead of detailed specifications, the county building official may approve references on the plans to a specific section or part of this code or other ordinances or laws. (4) Section 110.1 (Inspections - General) of CBC Chapter 1 is ame nded by adding the following to the end of that section:

At the time of first inspection by the county building official, a California licensed Land Surveyor or Civil Engineer shall certify in writing that t he
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structure is placed according to the approved set of plans. The written certification must include the site address and permit number. This requirement does not apply to a lterations or repairs to existin g structures that do not affect the exterior limits of the existing structures. (b) Section 420.13 [HCD] (Electric vehicle (EV) charging for new construction) of CBC Chapter 4 (Special Detailed Requirements Based on Occupancy and Use) is amended to read:
420.14 Electric vehicle (EV) charg ing for new construction. Newly constructed Group R-1, R-2, and R-3 buildin gs shall be provided with infrastructure to facilitate future installation and use of elect ric vehicle (EV) chargers, and, where required, ne wly constructed Group R-2 build ings shall be provided with electric vehicle charging spaces equipped with fully- operational EV chargers, in accordance with the California Green Building Standards Code (CALGreen), Chapter 4, Division 4.1.
(c) Section 907.2.11.2.5.1 is added to Section 907.2.11.2.5 (Existing Group R occupancies) of CBC Chapter 9 (Fire Protection Systems), to read:
907.2.11.2.5.1 Existing flat roof buildings. In existing flat roof buildings, the installation of a smoke detector that complies with California Residential Code Section R314.6 shall be required when a pitched roof is added on top of the existing flat roof and the solid sheathing of the flat roof is not removed. (d) Section 1405.2 is added to Section 1405 (Combustible materials on the exterior side of exterior walls) of CBC Chapter 14 (Exterior Walls), to read:
1405.2 Wood shakes or shingles. Wood shakes or shingles used for exterior wall covering shall be fire treated unless there is a minimum o f 10 feet from the exterior wall (including shakes or shingles) to the property line or the exterior wall faces a street.
(e) In Section 1705.3 (Concrete construction) of CBC Chapter 17 (Special Inspections and Tests), Exception 1 is amended to read:

1. Isolated spread concrete footings of buildings three stories o r less above grade plane that are fully supported on earth or rock, where the structural design of the footing is based on a specified compressive stren gth of no greater than 2,500 pound per square inch (psi) (17.2 Mpa). (f) Section 1809.8 (Plain concrete footings) of CBC Chapter 18 (Soils and Foundations) is deleted.
(g) Section 1810.3.9.3 (Placement of reinforcement) of CBC Chapt er 18 (Soils and Foundations) is amended by deleting Exception 3.
(h) Section 1905.1.7 (ACI 318, Section 14.1.4) of CBC Chapter 19 (Concrete) is amended to read:
1905.1.7 ACI 318, Section 14.1.4. Delete ACI 318, Section 14.1.4, and replace with the following:
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14.1.4 - Plain concrete in structures assigned to Seismic Design Category C, D, E, or F.

14.1.4.1- Structures assigned to Seismic Design Category C, D, E, or F shall not have elements of structural plain concrete, except as follows:
(a) Reserved.
(b) Isolated footings of plain concrete supporting pedestals or columns are permitted, provided the projection of the footing beyond the fac e of the supported member does not exceed the footing thickness. (c) Plain concrete footings s upporting walls are permitted, provi ded the footings have at least two continuous longitudinal reinforcing b ars.

Bars shall not be smaller than No. 4 and shall have a total area of not less than 0.002 times the gross cro ss-sectional area of the foot ing. A minimum of one bar shall be provi ded at the top and bottom of the footing. Continuity of reinforcement shall be provided at corners and intersections.
(i) Section 1906 (Footings for light-frame construction) of CBC Chapter 19 (Concrete) is deleted.
(j) Section 1907.l (Minimum Slab Provisions - General) of CBC Cha pter 19 (Concrete) is amended by adding the following sentence to that section:

Slabs shall have a minimum reinf orcement of 6-inch by 6-inch by 10-gauge wire mesh or equal at mid-height.
(k) Appendix C and Appendix I of the CBC are incorporated into the City building code.

Appendix A, Appendix B, Appendix D, Appendix E, Appendix F, App endix G, Appendix H, Appendix J, Appendix K, Appendix L, and Appendix M o f the CBC are excluded from the City building code.

SECTION 4. AMENDMENTS TO PLUMBING CODE. Hercules Municipal Code, Title 9, Chapter 3, Sections 9-3.02 and 9-3.03 are hereby repealed and replaced in their entirety to read as set forth below:

Sec. 9-3.02 Adoption by Reference.

The California Plumbing Code, 2022 Edition, (California Code of Regulations, Title 24, Part 5) including the standards based on the 2021 Uniform Plumbing Code of the International Association of Plumbing and Mech anical Officials, as modified by the State of California and as published in the “Califor nia Code of Regulations,” is ad opted by reference and made part of this Chapter as though fully set forth herein, subject to the additions and deletions as set forth in this Chapter.

Sec. 9-3.03 Copies on File.

One (1) copy of the 2022 California Plumbing Code as adopted by Section 9-3.02 is on file in the office of the Chief Building Official for inspection by the public. 190
SECTION 5. AMENDMENTS TO MECHANICAL CODE. Hercules Municipal Code, Title 9, Chapter 4, Sections 9-4.02 and 9-4.03 are hereby repealed and replaced in their entirety to read as set forth below:

Sec. 9-4.02 Adoption by Reference.

The California Mechanical Code, 2022 Edition, (California Code of Regulations, Title 24, Part 4) including the appendices, based on the 2021 Uniform Mechanica l Code of the International Association of Plumbing and Mechanical Officials, as modified by the State of California and as published in the “California Code of Regulatio ns,” is adopted by reference and made part of this Chapter as though fully set forth herein, subject to the additions and deletions as set forth in this Chapter.

Sec. 9-4.03 Copies on File.

One (1) copy of the 2022 California Mechanical Code as adopted by Section 9-4.02 is on file in the office of the Chief Building Official for inspection by the public.

SECTION 6. AMENDMENTS TO ELECTRICAL CODE. Hercules Municipal Code, Title 9, Chapter 5 Sections 9-5.02, 9-5.03and 9-5.04 are hereby repealed and replaced in their entirety to read as set forth below:

Sec. 9-5.02 Adoption by Reference.

The California Electrical Code, 2022 Edition, (California Code of Regulations, Title 24 Part 3) based on the 2017 Edition of the National Electrical Code, as p ublished by the National Fire Protection Association, as modified by the State of Califor nia and published in the “California Code of Regulations,” is adopted by reference and made a part of this Chapter as though fully set forth herein, subject to the additions and deletions set forth in this Chapter.

Sec. 9-5.03 Copies on File.

One (1) copy of the 2022 California Electrical Code as adopted b y Section 9-5.02 is on file in the office of the Chief Building Official for inspection by the public.

Sec. 9-5.04 Amendments, Additions and Deletions.
(a) Addition to Chapter 1, Section 101, Scope, to read as an additional paragraph as follows:
(1) The Administrative part of this chapter is in addition to t he City of Hercules Building Regulations Administrative Code, Title 9, Chapter 1 of the Hercules Municipal Code. Where conflicts occur between this chapter and Title 9, Chapter 1 of the Hercules Municipal Code, the provisions of Title 9, Chap ter 1 of the Hercules Municipal Code shall govern.
(b) The 2022 California Energy Code (“CEnC”) is amended by the c hanges, additions, and deletions set forth in this Chapt er. Section numbers used below are those of the 2022 California Energy Code.
(1) Section 100.0(e)(2)(A) of CEnC Subchapter 1 (All Occupancie s – General Provisions) is amended to read:
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A. All newly constructed buildings.
(i) Sections 110.0 through 110.12 a pply to all newly constructed buildings and rebuilt buildings within the scope of Section 100.0(a), where rebuilt involves demolition and reconstruction of a buildi ng or structure involving the rep air or replacement of fifty (50) percent or more of the exterior walls or involving w ork that exceeds one- half (1/2) of the appraised value of the structure. In addition , newly constructed buildings shall meet the requirements of Subsection B, C, D, or E, as applicable. (ii) A newly constructed buildi ng that is any of the following building types shall be an all-electric building:
a. Residential
b. Detached Accessory Dwelling Units
c. Hotel
d. Office
Exceptions to Section 100.0(e)(2)(A)(ii):
• Laboratory- and research-specific functions within laboratories and medical buildings (general heating and appliance purposes within laboratories and medical facilities are not exempt).
• Emergency facilities and emergency generators;
• Development projects that have obtained vested rights before t he effective date of this subsection pursuant to a development agreement in accordan ce with Government Code section 65866, a vesting tentative map in accordance with Government Code section 66998.1, or other applicable law. (2) Section 100.1(b) (Definitions) of CEnC Subchapter 1 (All Oc cupancies – General Provisions) is amended by adding the following definition:

ALL-ELECTRIC BUILDING means a building that has no natural gas or propane plumbing installed within the building, and that uses electricity as the sole source of energy for its space heating (including heating of all indoor and outdoor spac es of the building), water heating (including heating of indoor and outdoor pools and spas ), cooking appliances, and clothes drying appliances. An a ll-electric building may utilize n a t u r a l g a s f o r e m e r g e n c y generators.
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SECTION 7. HOUSING CODE. No changes proposed in Hercules Municipal Code, Title 9, Chapter 6.

SECTION 8. BUILDING SECURITY CODE.No changes proposed in Hercules Municipal Code, Title 9, Chapter 7.

SECTION 9. ABATEMENT OF DANGEROUS BUILDINGS.No changes proposed in Hercules Municipal Code, Title 9, Chapter 8.

SECTION 10. BOARD OF APPEALS.No changes proposed in Hercules Municipal Code, Title 9, Chapter 9.

SECTION 11. PENALTIES.No changes proposed in Hercules Municipal Code, Title 9, Chapter

10. SECTION 12. AMENDMENTS TO ENERGY CODE. Hercules Municipal Code, Title 9, Chapter 11, Sections 9-11.02 and 9-11.03 are hereby repealed and replaced in their entirety to read as set forth below:

Sec. 9-11.02 Adoption by Reference.

The California Energy Code, 2022 Edition, (California Code of Re gulations, Title 24, Part 6), including appendices, as published by the International Code Council as modified by the State of California is adopted by reference and made a part of this Chapter as though fully set forth herein, subject to the additions and deletions set forth in this Chapter.

Sec. 9-11.03 Copies on File.

One (1) copy of the 2022 Califor nia Energy Code, including appendices, as adopted by Section 9-11.02, is on file in the office of the Chief Building Official for in spection by the public.

SECTION 13. AMENDMENTS TO HISTORICAL BUILDING CODE. Hercules Municipal Code, Title 9, Chapter 12, Sections 9-12.01, 9-12.02 and 9-12.03 are hereby repealed and replaced in their entirety to read as set forth below:

Sec. 9-12.01 Administration.

These regulations shall be known as the “Historical Code” and m ay be so cited, and will be referred to herein as “this Chapter.” This Code is one (1) of t he technical codes of building regulations and is administered under Title 9, Chapter 1 of the Hercules Municipal Code.

Sec. 9-12.02 Adoption by Reference.

The California Historical Build ing Code, 2022 Edition, (California Code of Regulations, Title 24, Part 8) including appendices, as published by the International Code Cou ncil as modified by the State of California is adopted by reference and made a part of this Chapter as though fully set forth herein, subject to the additions and deletions set forth in this Chapter. 193
Sec. 9-12.03 Copies on File.

One (1) copy of the 2022 Californi a Historical Building Code, including appendices, as adopted by Section 9-12.02 is on file in the office of the Chief Building Official for inspection by the public.

SECTION 14. AMENDMENTS TO EXISTING BUILDING CODE. Hercules Municipal Code, Title 9, Chapter 13 is hereby repealed and replaced in its entirety to read as set forth below.

Sec. 9-13.01 Administration.

These regulations shall be known as the “Existing Building Code ” and may be so cited, and will be referred to herein as “this Chapter.” This Code is one (1) of the technical codes of building regulations and is admin istered under Title 9, Chapter 1 of the Hercules Municipal Code
Sec. 9-13.02 Adoption by Reference.

The California Existing Building Code (“CEBC”), 2022 Edition, (Ca lifornia Code of Regulations, Title 24, Part 10) including appendices, as publishe d by the International Code Council as modified by the State of California and is adopted by reference and made a part of this Chapter as though fully set forth herein, subject to the c hanges, additions and deletions set forth in this Chapter.

Sec. 9-13.03 Copies on File.

One (1) copy of the 2022 California Existing Building Code, incl uding appendices, as adopted by Section 9-13.02 is on file in the office of the Chief Building Official for inspection by the public.

Sec. 9-13.04 Amendments, Additions, and Deletions. The following portion of the Ordinance Code of Contra Costa County, California, is adopted b y reference under the authority of Sections 50020 through 50022.9 of the California Government Code:

Adopting the amendments to the California Existing Building Cod e ("CEBC") by the changes, additions, and deletions s e t f o r t h b e l o w a s s e t f o r t h in the Contra Costa County Ordinance No. 2022-35, Chapter 74-4, “Amendments to CEBC” Section 74-4.008 with Section numbers used below being those of the 2022 California Existing Building Code. (a) CEBC Chapter 1 (Scope and Administrati on) is amended by the provisions of Division 72 of this code and as follows:
(1) Sections 103 and 112 of CEBC Chapter 1 are deleted. (2) Section 106.1 (Construction Documents - General) of CEBC Chapter 1 is amended by deleting the exception.
(3) Section 106.2.1 (Construction documents) of CEBC Chapter 1 is amended to read:
106.2.1 Construction documents. Construction documents shall include dimensions and shall be drawn to scale on suitable material. Electronic media documents may be submitted when approved in advance by the building official. Construction documents shall be of sufficient clarity to indicate the location, nature, and extent of the work proposed and to show in detail that it will conform to this code and all relevant laws, ordinances, rules, and regulations. The first sheet of each set of plans shall include contact 194
information for the owner and the person or persons who prepared the plans.

Plans shall include a plot plan showing all existing property lines labeled and fully dimensioned, the elevations of the top and toe of cuts and fills, and the location of the proposed building with distances to all property lines and to every existing building on the property. Instead of detailed specifications, the county building official may approve references on the plans to a specific section or part of this code or other ordinances or laws.

SECTION 15. AMENDMENTS TO REFERENCED STANDARDS CODE. Hercules Municipal Code, Title 9, Chapter 14, Sections 9-14.01, 9-14.02 and 9-14.03 are hereby repealed and replaced in their entirety to read as set forth below.

Sec. 9-14.01 Administration.

These regulations shall be known as the “Referenced Standards Code,” and may be so cited, and will be referred to herein as “this Chapter.” This Code is one (1) of the technical codes of building regulations and is admin istered under Title 9, Chapter 1 of the Hercules Municipal Code.

Sec. 9-14.02 Adoption by Reference.

The California Referenced Standards Code, 2022 Edition (Californi a Code of Regulations, Title 24, Part 12) including appendices, as published by the Inte rnational Code Council, as modified by the State of California is adopted by reference and made a part of this Chapter as though fully set forth herein, subject to the additions and dele tions as set forth in this Chapter.

Sec. 9-14.03 Copies on File.

One (1) copy of the 2022 Edition of the California Referenced St andards Code, as adopted by Section 9-14.02, is on file in the office of the Chief Building Official for inspection by the public.

SECTION 161. AMENDMENTS TO FIRE CODE. Title 9, Chapter 15 of the City of Hercules Municipal Code is appealed and replaced in its entirety to read:

Sec. 9-15.01 Administration.

These regulations shall be known as the “2022 California Fire C ode” and may be so cited, and will be referred to herein as “this Chapter.” This Code is one (1) of the technical codes of building regulations and is admin istered under Title 9, Chapter 1 of the Hercules Municipal Code.

Sec. 9-15.02 Adoption by Reference.

The 2022 California Fire Code, ((California Code of Regulations, Title 24, Part, 9 [based on the 2021 International Fire Code published by the International Code Council]), including appendices, as published by the International Code Council, as modified by the State of California and is adopted by reference and made a part of this C hapter as though fully set forth herein, subject to the additions and deletions as set forth in this Chapter.

Sec. 9-15.03 Copies on File.

One (1) copy of the 2022 California Fire Code, as adopted by Se ction 9-15.02, is on file in the office of the Chief Building Official for inspection by the public. 195
Sec. 9-15.04 Amendments, Additions, and Deletions.

The following portion of the Ordinance Code of Rodeo-Hercules Fire District, California, is adopted by reference under the authority of Sections 50020 thro ugh 50022.9 of the California Government Code:

Amending the 2022 California Fi re Code by the changes, additions , and deletions set forth below as set forth as set in the Rodeo-Hercules Fire District Ordinance No. 2022-01. Chapter and Section numbers used below are those of the 2022 California Fire Code.

Chapter 1. Scope and Administration.

Section 101.1 is amended to read:
101.1 Title.These regulations shall be known as the Fire Code of the Rodeo-Hercules Fire Protection District, hereinafter referred to as "this code." Section 102.1 is amended to add item 5, to read:

5. Where not otherwise limited by law, the provisions of this code shall apply to vehicles, ships, and boats that are permanently affixed to a specific location within the boundaries of this jurisdiction.

Section 105.5 is amended to read:
105.5 Required operational permits. The fire code official is authorized to issue operational permits for the operations set forth in Chapter 1, Sections 105.5.1 through 105.5.63.

Section 105.5.33 is amended to read:
105.5.33 Motor Fuel Dispensing Facilities. An operational permit is required for the operation of automotive, marine, and fleet motor fuel dispensing facilities, including for sites that allow mobile fueling from a service provider to the general public , fueling of motor vehicles at approved locations from a tank vehicle and limited or temporary fueling operations for special events (fueling of watercraft from shore, piers, floats, or barges).

Section 105.5.40 is amended to read:

Section 105.5.40 Cannabis/Plant Extraction Related System(s)/Operations. An operational permit is required for any of the following cannabis/plant extraction related systems operations.

1. Cultivation

2. Plant Extraction Systems

3. Testing/Lab

4. Manufacturing

5. Distribution

6. Carbon Dioxide Systems or volatile solvent Section
105.5.52 is amended to read:
105.5.52 Wood products. An operational permit is required to store chips, hogged material, wood or other combustible pallets, lumber or plywood in excess of 200 cubicfeet (6 m3). 196
Section 105.5 is amended by adding Subsections 105.5.55 through 105.5.63to read:
105.5.55 Asbestos removal. A permit is required to conduct asbestos-removal operations regulated by Section 3319
105.5.56 Automobile Wrecking or Dismantling Yard.An operation permit is, required for all automobile wrecking yards, automobile dismantling operations, and similar operations. 105.5.57 Christmas tree sales. A permit is required to use a property for the purpose of selling cut Christmas trees
105.5.58 Firework aerial display.A permit is required to conduct a firework display regulated by California Code of Regulations, Title 19 and Chapter 56 of this code 105.5.59 Model rockets.A permit is required to sell model rocket motors or launch model rockets pursuant to California Code of Regulations, Title 19, Division 1,Article 17. Permits issued in accordance with this section are for the site and are effective aslong as site conditions have not changed.
105.5.60 Temporary Occupancy.A permit is required for any temporary occupancy. 105.5.61 Temporary water supply.A permit is required to use a temporary water supply for construction of residential projects or subdivisions pursuant to Section 3313.1. 105.5.62 Tire storage.A permit is required to store more than 1,000 cubic feet (28.3m3) of tires inside buildings pursuant to Chapter 34.
105.5.63 Indoor Growing Operation.A permit is required to operate an indoor growing operation.

Exception: Agricultural Greenhouses in an agricultural zone.

Section 105.6 is amended to read:
105.6 Required construction permits. The fire code official is authorized to issue construction permits for the operations set forth in Chapter 1, Sections 105.6.1 through 105.6.29.

Section 105.6 is amended by adding Sections 105.6.25 through 105.6.29 to read:
105.6.25 Access for fire apparatus. Plans shall be submitted and a permit is required to install, improve, modify, or remove public or private roadways, driveways, and bridges for which Fire District access is required by the Fire Code. 105.6.26 Construction, Substantial Alteration, Additions of a buildingfor which a building permit is required.Plans shall be submitted to the fire code official for all land developments or for the construction, substantial alteration, additions or renovation of a building within the jurisdiction where a building permit is required.

Exception: Non-sprinklered Group R-3 Occupancies where work does not involve a substantial addition or substantial alteration.
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105.6.27 Land Development, Subdivisions.Plans shall be submitted to the fire code official for all land developments orimprovements proposed within the jurisdiction that involve the subdivision of land.
105.6.28 Water supply for fire protection.Plans shall be submitted to the fire code official for the purpose of determining whether adequate water supplies, fire hydrants, and associated systems are provided for all facilities, buildings, or portions of buildings either constructed or moved into the District pursuant to Section 507.
105.6.29 Land Development, Subdivisions. Plans shall be submitted to the fire codeofficial for all land developments or improvements proposed within the jurisdiction that involve the subdivision of land.

Section 105.7 is added, to read:
105.7 Responsibility of permitee. Construction permits shall be presumed by the Fire District to incorporate all the work that the applicant or the applicant'sagent, employees, or contractors shall carry out. Work performed shall be in accordance with the approved plans and with all requirements of this code and any other laws or regulations applicable thereto.

No Fire District approval shall relieve or exonerate any person from the responsibility of complying with the provisions of this code nor shall any vested rights be created for any work performed in violation of this code.

Section 112.4 is amended to read:
112.4 Violation penalties. Every person who violates any provision of this fire code is guilty of an infraction or misdemeanor in accordance with Health and Safety Code Section 13871 and Government Code Section 53069.4. The imposition of one penalty for anyviolation shall not excuse the violation or permit it to continue; and all such persons shall be required to correct or remedy such violations or defects within a reasonable time; and when not otherwise specified, each ten (10) days that prohibited conditions are maintained shall constitute a separate offense. The application of the aforesaid penaltyshall not be held to prevent the enforced removal of prohibited conditions.

Chapter 2. Definitions.

Section 202 is amended by adding the following definitions to that section:

Administrator. Shall mean the Fire Chief.

Aerial Pre-Plans.An overhead layout of a parcel that contains structure(s) that identifies specific first responder related items to assist in effectively managingincidents and events for the protection of occupants, responding personnel, property, and theenvironment. The preplan shall be developed in accordance with a format approved by the AHJ.Preplan symbols shall
comply with AHJ or the latest edition of NFPA 170 (Standard for Fire Safety and Emergency Symbols), and NFPA 1620 (Standard for Pre-Incident Planning).

All-Weather Driving Surface. A roadway with a minimum surface finish that is designed to carry the imposed weight loads of fire apparatus.
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Automobile Dismantling or Wrecking Yard.The operation of dismantling or removing parts from salvaged vehicles including engines or engine parts.

Automobile Wrecking Yard.An area that stores or dismantles salvaged vehicles.

Board of Directors.The Rodeo-Hercules Fire Protection District.

Board of Fire Commissioners.An advisory commission appointed by the Board of Directors to act as set forth in this ordinance and by resolutions of the Board of Directors.

Combustible Material. Rubbish,litter or material of any kind other than hazardous vegetation that is combustible and endangers the public safety by creating a fire hazard as determined by the fire code official.

Defensible Space. The area adjacent to a structure or dwelling as determined by the fire code official where wildfire prevention or protection practices are implemented to provide the key point of defense from an approaching wildfire or to minimize the spread of a structure fire to wildlands or surrounding areas.

Driveway. A private roadway that provides access to no more than two (2) single-family dwellings.

Fire Apparatus Access Road.A road that provides fire apparatus access from a fire station to a facility, building or portion thereof. This is a general term that includes, but is not limited to a fire lane, public street, private street, driveway, parking lot lane, and access roadway.

Fire Code Official.The Fire Chief or a duly authorized representative, or other person as may be designated by law, appointmentor delegation and charged with the administration and enforcement of this code.

Firebreak. A continuous strip of land upon and from which all combustible material hazardous vegetation or other growth has been removed to bare mineral soilto stop or prevent the extension of fire from one area to another.

Fire Trail.A graded firebreak of sufficient width, surface, and design to provide access for personnel and equipment to suppress andto assist in preventing a surface extension of fires.

Must be able to support the safe travel of a Type 3 Fire Apparatus.

Fuel Break.A strategically located block or strip, on which a cover of dense, heavy, or combustible vegetation has been changed to one of lower fuel volume or redu ced combustibility, as an aid to fire control. Fuel breaks require annual and r ecurring maintenance.

Hazardous Vegetation.Vegetation that is combustible and endangers the public safety by creating a fire hazard including but not limited to seasonal and recurrentgrasses, weeds, stubble, brush, dry leaves, dry needles, dead, dying or diseased trees andany other vegetation as determined by the fire code official.

Key Box or Knox Box.(Underwriters Laboratory) UL "Listed" box size and style, approved by the Fire Code Official or designee,that meets the requirements and uses the same security key code adopted by the Fire District.
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Ladder Fuel.Fuel that provides vertical continuity between surface fuel and canopyfuel strata, increasing the likelihood that fire will carry from surface fuel into the crowns of shrubs and trees.

Nuisance Fire Alarm. The activation of any fire protection or alarm system which results in the response of the Fire District and is caused by malfunction, improper maintenance, negligence, or misuse of the system by an owner, occupant, employee, or agent, or any other activation not caused by excessive heat, smoke, fire, or similar activating event.

Ornamental Landscaping.Decorative plants growing within a tended garden or yard which are appropriately irrigated, maintained, and located to provide aesthetic decoration and functional utility, such as privacy screening, shade, weed suppression and erosion control.

The use of fire- resistant plants and the removal of fire hazardous vegetation will enhance fire safety.

Person. Includes any agency of the county, city, district or other local public agency and any individual, firm, association, partnership, business trust, corporati ons, limited liability company, or company.

Public Nuisance.A declaration by the fire code official that the presence of combustible materials on any parcel creates a fire hazard or threat to public safety (Health and Safety Code 14875 and 14876) or any violation of this code.

Priority Hazard Zone.An area where the threat from wildfire is severe due to proximity to open space, topography, degree of space, density of homes and/or amount ofvegetation (native and ornamental), and/or other conditions favorable to fast movingf i r e s .

Response Time. The elapsed time from receipt of call to the arrival of the first unit on scene.

Rubbish. Waste matter, litter, trash, refuse, debris, and dirt on streets or private property in the jurisdiction which is, or when dry may become, a fire hazard. See combustible material.

Rural Area.An area generally designated for agricultural or open space uses with parcels more than 10 acres (4.046873ha) in size.

Rural Residential Area.An area generally designated for single family residential use with parcels between three (1.2140619 ha) and 10 (4.046873 ha) acres in size.

Sprinkler Alarm and Supervisory System (SASS).A Dedicated Function Fire Alarm System located at the protected premise installed specifically to monitor sprinkler water- flow alarm, valve supervisory, and general trouble conditions where a Building Fire Alarm is not required.

Streets. Includes alleys, parkways, driveways, sidewalks, and areas between sidewalks and curbs, highways, public rights of way, private road, paper street and easements.

Substantial Addition. The addition of new gross floor area exceeds fifty percent of the existing gross floor area and the total new gross floor area is 5,000 squarefeet or greater. (CCFPD, SRVFPD, RHFPD,)
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Substantial Alteration.Where fifty percent or greater of the linear length of the wall of the building (exterior and interior) and fifty percent of the roof are removedor replaced within a one-year period.

Temporary Fire Department Access Road for Construction.An approved temporary roadway for emergency vehicle use during construction of residential subdivision projects.

Temporary Fire Department Access Road for Construction Of One (1) Residential (R3) Unit.

A temporary roadway for emergency vehicle use during construction of an individual residential (R3) structure where a fire department access road is requireda sp a r to ft h e project.

Temporary Water Supply.Water stored for firefighting purposes in an approved aboveground tank during combustible construction.

Tree Litter.Any limbs, bark, branches, and/or leaves in contact with other vegetationor left to gather on the ground.

Weeds. All weeds growing upon streets or private property in the jurisdiction, including any of the following:

1. Weeds that bear seeds of a fluffy nature or are subject to flight.

2. Sagebrush, chaparral (including Chamise, Coyote Brush/Greasewood, Brooms, and Buckwheat), and any other brush or weeds that attain such large growth as to become, when dry, a fire menace to adjacent improved property.

3. Weeds that are otherwise noxious or dangerous;

4. Poison oak and poison sumac when the conditions of growth constitute a menace to public health.

5. Dry grass, brush, tree litter, litter, or other flammable materials that endanger the public safety by creating a fire hazard.

Chapter 3. General Requirements.

Section 304.3.5 is added, to read:
304.3.5 Clothes Dryers.Clothes dryers shall be frequently cleaned to maintain the lint trap, mechanical and heating components, ve nt duct, and associated equipment f ree from accumulations of lint and combustible materials.

Section 308.1.4, Exception 1 is amended to read:

Exception 1.Residential Occupancies.

Section 324 is added to Chapter 3, to read:

SECTION 324 Exterior Fire Hazard Control.
324.1 Subsurface Fires.
324.1.1 Peat Fire.It is the duty of each person, firm, corporation, or association not to permit a peat fire or a fire involving combustible vegetable matters underthe surface of the natural ground to remain upon the property. It is hereby declared that it isthe duty of any person as herein defined to take allnecessary precautions to extinguish any subsurface fire involving peat or vegetable material at the owner’s own cost and expense. 201
324.1.2 Fire Suppression Costs.If there exists upon the lands or property of any person as herein defined a subsurface fire involving the burning or combustion of peat, vegetable matter, or vegetation, and the owner or occupant thereof has not taken reasonable precautions within a reasonable time to extinguish or minimize such fire or combustion, the Fire District may, in addition to its regular duties to extinguish or minimize such fire or combustion, go upon the lands of any person as herein defined and extinguish such fire or combustion. Any costs incurred by the Fire District in fighting the fire and for the cost of proving rescue or emergency medical services shall be a charge against the property owner. The charge shall constitute a debt of the
property owner and is collectable by the jurisdiction incurring those costs in the same manner as in the case of an obligation under a contract, express or implied.(See Health and Safety Code,
§13009.)
Section 325 is added to Chapter 3, to read:

SECTION 325 Automobile Wrecking Yards.
325.1 General. The operation of automobile wrecking yards shall be in accordance with this section.
325.2 Definitions.The following terms are defined in Chapter 2:

Automobile Dismantling
Automobile Wrecking Yard
325.3 Requirements.
325.3.1 Permits. An operational fire code permit is required as in Section 105.6.53. 325.3.2 Fire Apparatus Access Roads. Fire apparatus access roads shall be constructed throughout the site in accordance with this code and shall be maintained clear of all vehicles and stored items.
325.3.3 Welding and cutting.Welding and cutting operations shall be conducted in an approved location, clear of all flammable liquids and combustible materials, including weeds, tires, and all other debris.
325.3.4 Housekeeping.Combustible rubbish accumulated on site shall be collected and stored in approved containers, rooms, or vaults of noncombustible materials. Combustible vegetation, cut or uncut, shall be removed when determined by the fire codeofficial to be a fire hazard.
325.3.5 Fire Protection.Offices, storage buildings, and vehicles used for site operations shall each be provided with at least one portable fire extinguisher with not less than a 4-A:
40-B-C rating. When required by the fire code official, additional fire extinguishers shall be provided.
325.3.6 Tire storage.Tires shall be stored in racks or in a manner as approved by the fire code official.
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325.3.6.1 Distance from Water Supply.Tire storage shall be located on-site and no further than 500 feet from a fire hydrant or an approved water supply as determined by the fire code official.
325.3.7 Storage Piles.Storage piles shall be located a minimum of 20 feet from property lines and shall have an unobstructed access road on all sides of not less than2 0f e e t . 325.3.8 Burning operations.The burning of salvaged vehicles and salvaged or waste materials is prohibited.
325.3.9 Motor vehicle fluids.Motor vehicle fluid shall be drained from salvaged vehicles when such liquids are leaking onto the ground and prior to dismantling or removing engine/motor parts.
325.3.9.1 Mitigation of leaking fluids.Precautions shall be taken to prevent fluids from salvaged vehicles from leaking ont o the ground. Supplies or equipment cap able of mitigating leaks from fuel tanks, crankcases, brake systems, and transmissions shall be kept available on site. Single-use plugs, diking, and absorbent materials shall be disposed of as hazardous waste and removed from the site in a manner in accordance with federal, state, and local requirements.
325.3.10 Fuel tanks.Fuel tanks of salvaged vehicles shall be emptied of all flammable (gasoline, diesel) fuels in an approved manner and stored in approved tanks. 325.3.10.1 Repair of vehicle fuel tanks. The repair of fuel tanks, including cutting, welding, or drilling of any kind, is prohibited.
325.3.11 Lead acid batteries.Lead acid batteries shall be removed from all salvaged vehicles and stored in an approved manner in a location approved by the firecode official.

Chapter 4. Emergency Planning and Preparedness.

Section 401.5.1 is added to read:
401.5.1 Nuisance Fire Alarm.A fee may be charged for false and/or nuisance fire alarms in accordance with the fee schedule adopted by the Board of Directors.

Section 401.10 is added to read:
401.10 Aerial Pre-Plans.For all new construction the fire official is authorized to require a fire aerial pre-plan to be prepared by an approved vendor at the cost of the developer.

Section 403.11.1 is amended to read:
403.11.1 Standby Personnel. Where, in the opinion of the fire code official or Fire Chief, it is essential for public safety in a place of assembly, or any other place where people congregate, because of the number of persons, or the nature of the performance, exhibition, display, contest, or activity, the owner, agent, or lessee shall provide standby personnel as required and approved by the fire code official or Fire Chief. If the activity requires fire watch, fire watch shall be provided in accordance with Sections 403.11.1.1 and 403.11.1.2.

Standby personnel needed for EMS standby shall be provided in accordance with Contra Costa County EMS Protocols.
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Chapter 5. Fire Service Features.

Section 503.1.4 is added to read:
503.1.4 Access to open spaces. When access to open land/space or fire trail systems maintained for public or private use is obstructed by new development of any kind, the developer shall provide alternate acceptable access into the area that issufficient to allow access for fire personnel and apparatus. The alternate means of access requires the approval of the fire code official.

Section 503.1.5 is added to read:
503.1.5 Existing fire trail systems shall be maintained.When conditions make maintenance of existing trails impractical, alternate means of access shall be provided and requires approval by fire code official.

Section 503.2.1 is amended by adding the following exception:

Exception: A driveway with a minimum width of 16 feet is acceptable for access to one or two single- family dwellings.

Section 505.3 is added, to read:
505.3 Street names and addressing. Street names and addressing shall be submitted for review and approval to the fire code official, whose approval will not be unreasonably withheld. The purpose of the review is to verify that new street names and addressing will not duplicate existing street names and addressing.

C h a p t e r6 .B u i l d i n gServices and Systems.

Section 605.3.1 is added to read:
605.3.1 Spark Arrestors. All Chimneys attached to any appliance or fireplace that burns solid fuel shall be equipped with an approved spark arrestor per CBC 2113.9.2.

Chapter 9. Fire Protection and Life Safety Systems.

Section 901.6.3 is amended to read:
901.6.3 Records.Records of all system inspections, tests, and maintenance required by the reference standards shall be submitted to a third party electronic record keeping service as chosen by the fire district.

Section 902.1 is amended to add:

SUBSTANTIAL ADDITION.The addition of new gross floor area exceeds fifty percent of the existing gross floor area and the total new gross floor area is 5,000 square feet or greater.

SUBSTANTIAL ALTERATION.Where fifty percent or greater of the linear length of the wall of the building (exterior and interior) and fifty percent of the roofare removed or replaced within a one-year period.
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Section 903.2.1.1 is amended to read:
903.2.1.1 Group A-1.An automatic sprinkler system shall be provided throughout stories containing Group
A-1 occupancies and throughout all stories from the Group A-1 occupancy toand including the levels of exit discharge serving that occupancy where one of the following conditions exists:

1. The fire area exceeds 5,000 square feet.

2. The fire area has an occupant load of 300 or more.

3. The fire area is located on a floor other than a level of exit discharge serving such occupancies.

4. The fire area contains a multi-theater complex.

Section 903.2.1.3 is amended to read:
903.2.1.3 Group A-3.An automatic sprinkler system shall be provided throughout stories containing Group A-3 occupancies andthroughout all stories from the Group A-3 occupancy to and including the levels of exit discharge serving that occupancy whereone of the following conditions exists:

1. The fire area exceeds 5,000 square feet.

2. The fire area has an occupant load of 300 or more.

3. The fire area is located on a floor other than a level of exit discharge serving such occupancies.

4. The structure exceeds 10,000 square feet, contains more than one fire ar ea containing exhibition and display rooms, and is separated into two or more buildings by fire walls of less than 4-hour fire resistance rating withoutopenings.

Section 903.2.1.4 is amended to read:
903.2.1.4 Group A-4.An automatic sprinkler system shall be provided throughout stories containing Group A-4 occupancies andthroughout all stories from the Group A-4 occupancy to and including the levels of exit discharge serving that occupancy whereone of the following conditions exists:

1. The fire area exceeds 5,000 square feet

2. The fire area has an occupant load of 300 or more.

3. The fire area is located on a floor other than a level of exit discharge serving such occupancies.

Section 903.2.2 is amended in its entirety, to read:

Section 903.2.2 Group B. An automatic sprinkler system shall be provided for Group B occupancies and intervening floors of the building where the fire area exceeds 5,000 square feet.

Section 903.2.2.1 Ambulatory care facilities. An automatic sprinkler system shall be installed throughout the entire floor containing an ambulatory care facility where either of the following conditions exist at any time:

1. Four or more care recipients are incapable of self-preservation.

2. One or more care recipients that are incapable of self-preservation arelocated at other than the level of exit discharge serving such a facility. 205

3. In buildings where ambulatory care is provided on levels other than the level of exit discharge, an automatic sprinkler system shall be installed throughout the entire floor as well as all floors below where such care is provided, and all floors between the level of ambulatory care and the nearest level of exit discharge, the level of exit discharge, and all floors below the level of exit discharge.

Exception: Floors classified as an open parking garage are not required to be sprinklered.

Section 903.2.3 is amended to read:
903.2.3 Group E.An automatic sprinkler system shall be provided for new Group E occupancies as follows:

1. Throughout all Group E fire areas greater than 2,000 square feet in area.

Exception: An automatic sprinkler system is not required in any Group E Day Care Facility less than 5,000 square feet.

2. The Group E fire area is located on a floor other than a level of exit discharge serving such occupancies.

Exception: In buildings where every classroom has not fewer than one exterior exit door at ground level, an automatic sprinkler system is not required in any area below the lowest level of exit discharge serving that area.

3. The Group E fire area has an occupant load of 300 or more.

4. In rooms or areas with special hazards such as laboratories, vocationalshops, and. other such areas where hazardous materials in quantities not exceeding the maximum allowable quantity are used or stored.

5. Throughout any Group E structure greater than 4,000 square feet in area,which contains more than one fire area, and which is separated into two or more buildings by fire walls of less than 4•hour fire resistance rating withoutopenings.

6. For public school state-funded construction projects, see Section 903.2.19.

7. For public school campuses, Kindergarten through 12th grade, see Section 903.2.20.

Section 903.2.4. is amended in its entirety, to read:
903.2.4 Group F-1.An automatic sprinkler system shall be provided throughout all buildings containing a Group F-1 occupancy where one of the following conditions exists:

1. A Group F-1 fire area exceeds 5,000 square feet.

2. A Group F-1 fire area is located more than three stories above grade plane.

3. The combined area of all Group F-1 fire areas on all floors, including any mezzanines, exceeds 10,000 square feet.

4. A Group F-1 occupancy used for the manufacture of upholstered furnitureor mattresses exceeding 2,500 square feet (232 m2) .

Section 903.2.4.4 is added to read:
903.2.4.4 Group F-2.An automatic sprinkler system shall be provided throughout all buildings containing a Group F-2 occupancy greater than 5,000 square feet.

Section 903.2.7 is amended to read
903.2.7 Group M.An automatic sprinkler system shall be provided throughout buildings containing a Group M occupancy where one of the following conditions exists:

1. A Group M fire area exceeds 5,000 square feet.
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2. A Group M fire area is located more than three stories above grade plane.

3. The combined area of all Group M fire areas on all floors, including any mezzanines, exceeds 10,000 square feet.

4. A Group M occupancy (is) used for the display and sale of upholstered furniture or mattresses exceeds 5,000 square feet.

5. The structure exceeds 10,000 square feet, contains more than one fire a rea containing a Group M occupancy, and is separated into two or more buildingsby fire walls of less than 4-hour fire•resistance rating without openings.

Section 903.2.8 is amended to read:
903.2.8 Group R.An automatic sprinkler system installed in accordance with Section 903.3 shall be provided throughout all GroupR occupancies. An automatic sprinkler system shall be installed in new manufactured homes, new mobile homes, and multifamilymanufactured homes with two dwelling units, including those located in mobile home parks, in accordance with Title 25 of the California Code of Regulations.

Section 903.2.8.1.1 is added, to read:
903.2.8.1.1 Group R-3 Substantial Addition or Alteration.An automatic sprinkler system shall be provided throughout all existing Group R-3 dwellings where eithero ft h ef o l l o w i n g occurs:

1. Substantial Addition. The addition of new gross floor area exceeds fifty percent of the existing gross floor area and the total new gross floor area is 3,600 square feet or greater.

2. Substantial Alteration. Where fifty percent or greater of the linear length of the wall of the building (exterior and interior) and fifty percent of the roof are removed or replaced within a one- year period.

Section 903.2.9 is amended to read:
903.2.9 Group S-1.An automatic sprinkler system shall be provided throughout all buildings containing a Group S-1 occupancy where one of the following conditions exists:

1. A Group S-1 fire area exceeds 5,000 square feet.

2. A Group S-1 fire area is located more than three stories above grade plane.

3. The combined area of all Group S-1 fire areas on all floors, including any mezzanines, exceeds 10,000 square feet.

4. A Group S-1 occupancy used for the storage of commercial motor vehicles where the fire area exceeds 5,000 square feet.

Section 903.2.9.1 is amended to read:
903.2.9.1 Repair garages.An automatic sprinkler system shall be provided throughout all buildings used as repair garages in accordance with Section 406.8 of the California Building Code, as shown:

1. Buildings having two or more storiesabove grade plane, including basements, with a fire

2. area containing a repair garage exceeding 5,000 square feet.

3. Buildings not more than one story above grade plane, with a fire area containing a repair garage exceeding 5,000 square feet.
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4. Buildings with repair garages servicing vehicles parked in basements.

5. A Group S-1 fire area used for the repair of commercial motor vehicles where the fire area exceeds 5,000 square feet or any tenant improvement to the structure exceeds 49% of the S- 1 area.

Section 903.2.10 is amended to read:
903.2.10 Group S-2 parking garages.An automatic sprinkler system shall be provided throughout buildings classified as parking garages where any of the following conditions exists:

1. Where the fire area of the enclosed parking garage, in accordance with Section 406.6 of the California Building Code, exceeds 5,000 square feet.

2. Where the enclosed parking garage, in accordance with Section 406.6 of the California Building Code, is located beneath other groups.

3. Exception: Enclosed parking garages located beneath Group R-3 occupancies.

4. Where the fire area of the open parking garage, in accordance with Section 406.5 of the California Building Code, exceeds 48,000 square feet.

Section 903.2.10.3 is added to read:
903.2.10.3 Group S-2 low hazard storage. An automatic sprinkler system shall be provided throughout all buildings containing a Group S-2 occupancy exceeding 5,000 square feet.

Section 903.2.11.7 is added to read:
903.2.11.7 High-piled storage.An automatic sprinkler system shall be provided throughout buildings containing high-pile combustible storage.

Exception: An automatic sprinkler system is not required for 500 square feet or less, including aisles, of high-piled storage.

Section 903.2.22 is added, to read:

Section 903.2.22 Fire department delivery capability. An automatic fire sprinkler shall be installed in all new buildings and occupancies or in existing buildings orstructures that change occupancy classification or use, when the required fire flow exceeds 2,000 gallons per minute
Section 903.3.1.1.4 is added, to read:
903.3.1.1.4 Undeclared Use.In buildings of undeclared use with floor to structure height greater than 14 feet, the fire sprinkler system shall be designed to conform to Extra Hazard Group I design density. In buildings of undeclared use with floor to structure height less than .14 feet, the fire sprinkler system shall be designed to conform to Ordinary Group II design density. Where a subsequent occupancy requires a system with greater capability, it shall be the responsibility of the owner and/or the occupant to upgrade the system.

Section 903.3.1.3.1 is added to read:
903.3.1.3.1 Pipe limitations.Where CPVC pipe is installed above the insulation or is otherwise located in an unconditioned space, such as in an attic space, or agarage without conditioned living space above, CPVC pipe shall be adequately insulated to a minimum R-19 value, or equivalent, or pipe shall be limited to Type K or L copper, or ferrous piping. 208
Section 903.3.5.3 is added, to read:
903.3.5.3 Non-permissible water supply storage.Swimming pools and ponds shall not be considered water storage for the purposes of Section 903.3.5.

Section 903.3.9 is amended to read:
903.3.9. Floor control valves.Individual floor control valves and water flow detection assemblies shall be provided for each floor in multi-floor buildings at anapproved location.

Exception: Group R-3 and R-3.1 Occupancies.

Section 903.4.2 is amended to read:
903.4.2 Alarms.One approved audible and visual device shall be connected to every automatic sprinkler system at an approved location. Such sprinkler water-flow alarm devices shall be activated by water flow equivalent to the flow of a single sprinklero ft h es m a l l e s t orifice size installed in the system. Audible and visual alarm devices shall be provided on the exterior of the building in an approved location. Where a fire alarm systemis installed, actuation of the automatic sprinkler system shall actuate the building fire alarm system.

Section 903.6.1 is added, to read:
903.6.1 Substantial addition or expansion.An automatic sprinkler system shall be provided throughout all existing R-3 Occupancy buildings where a substantial addition occurs and the total new gross floor area of the structure exceeds 5,000 square feet. Group R- 3 substantial additions or alterations shall comply with Section 903.2.8.1.1.

Section 903.6.2 is added, to read:
903.6.2 Change of occupancy classification.Any existing building that undergoes a change of occupancy classification into a higher hazard category shall comply with the requirements of Section 903.2. Relative hazard categories of occupancy groups shall beestablished based upon the Heights and Areas Hazard Categories of Table 1011.5 of the currentedition of the International Existing Building Code, as published by the International Code Council. The requirements of Section 903.2 shall not be required when a change of occupa ncy classification is made to an equal or lesser hazard category. Group L occupancies shall be considered a relative hazard of 1 (highest hazard).

Section 907.4.4 is added, to read:
907.4.4 Monitoring of other fire systems.In buildings equipped with a fire alarm system or sprinkler alarm and supervisory service (SASS) system, where other fire suppression or extinguishing systems are installed in the building (including, but not limited to commercial kitchen suppression systems, pre-action fire suppression systems, dry chemical systems, and clean agent systems), these other suppression systems shall be monitored by the SASS dedicated function fire alarm system and transmitted as a specific signalto the Central Station. The system shall be monitored in compliance with Section 907.6.6.

Section 907.5.2.3.1 is amended to read:
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907.5.2.3.1 Public and common areas.Visible alarm notification appliances shall be provided in public use areas and common use areas, including but not limitedt o :

1. Sanitary facilities including restrooms, bathrooms, shower rooms, and locker rooms.

2. Corridors, hallways, and aisles withshelving and/or fixtures obstructing the required light intensity for that area.

3. Music practice rooms.

4. Band rooms.

5. Gymnasiums.

6. Multipurpose rooms.

7. Occupational shops.

8. Occupied rooms where ambient noise impairs hearing of the fire alarm.

9. Lobbies.

10. Meeting/Conference rooms.

11. Classrooms.

12. Medical exam rooms.

13. Open office areas.

14. Sales floor areas.

15. Break or lunch rooms

16. Copy or work rooms.

17. Computer server rooms exceeding 200 sq. ft.

18. File or Storage rooms exceeding 200 sq. ft.

Section 907.6.6 is amended to read:
907.6.6 Monitoring of fire alarm systems. A fire alarm system required by this chapter, or by the California Building Code, shall be monitored by a UL-listed CentralStation service in accordance with NFPA 72 and this code.

Exception: Monitoring by a UL-listed central station is not required for:

1. Single- and multiple-station smoke alarms required by Section 907.2.10.

2. Group 1-3 occupancies shall be monitored in accordance with Section 907.2.6.3.

3. Residential Day Care Facilities (occupancy load of 14 or less).

4. One- and two-family dwellings.

5. Residential Care Facilities licensed by the state with an occupant loadof 6 or less.

6. Occupancies with local fire alarm system that will give an audible and visible signal at a constantly attended location, as approved by the Fire Code Official.

Section 907.6.7 is added, to read:
907.6.7 Certification.New fire alarm systems shall be UL-Certified. A Certificate of Completion and other documentation as listed in NFPA 72 shall be provided for all new fire alarm system installations. It is the responsibility of the building owne ro ro w n e r ' s representative to obtain and maintain a current and valid Certificate.

Section 907.6.7.1 is added, to read:
907.6.7.1 Posting of Certificate.The UL Certificate shall be posted in a durable transparent cover within three feet of the fire alarm control panel within 45 days of thefinal acceptance test/inspection.

Chapter 10. Means of Egress.
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Section 1028.5.1 is added, to read:
1028.5.1 Exit discharge surface.Exterior exit pathway surfaces shall be suitable for pedestrian use in inclement weather, and shall terminate at a public way asdefined in the California Building Code.

Chapter 33. Fire Safety DuringConstruction and Demolition.

Section 3303.1.2 is added to read:

Amendments. Amendments may be required to an approved site safety plan if deemed necessary by both the building official and fire official, based on previous fires or hazards that occurred on site or within the jurisdiction.

Section 3303.1.3 is added to read:

Site Security requirements.Site security requirements hall include the following if deemed necessary by both the building official and fire official:

1. Controlled access points

2. Site fencing, up to 12 feet in heightwith tamper sensors and security wires on top

3. Security guards, full-time 24/7 presence on-site, to perform fire watcha n d patrols

4. Detection check points located throughout the buildings for fire watchand patrol verification

5. Security camera coverage throughout the site with motion detection notifications

6. Identify measures taken to prevent tampering with security cameras andmotion sensors

7. Necessary lighting throughout the project site
Section 3319 Asbestos Removal is added to read as follows:

General. Operations involving removal of asbestos or asbestos-containing materials from buildings shall be in accordance with Section 3319.

Exception: Section 3319 does not apply to the removal of asbestos from:

1. Pumps, valves, gaskets, and similar equipment.

2. Pipes, ducts, girders, or beams that have a length less than 21 linear feet (6400 mm).

3. Wall or ceiling panels that have an area of less than 10 square feet (0.93 m2)or a dimension of less than 10 linear feet (3048 mm).

4. Floor tiles when their removal can becompleted in less than four hours.

5. Group R-3 occupancies.

Notification. The fire code official shall be notified 24 hours prior to the commencementand closure of asbestos-removal operations. The permit applicant shall notify the building official when asbestos abatement involves the removal of materials that were used as a feature of the building's fire resistance.

Plastic Film.Plastic film that is installed on building elements shall be flame resistant as required for combustible decorative material, in accordance with Section 807. 211
Signs. Approved signs shall be posted at the entrance, exit and exit-access door,decontamination areas and waste disposal areas for asbestos-removal operations. The signs shall state that asbestos is being removed from the area, that asbestos is a suspected carcinogen, and that proper respiratory protection is required. Signs shall have a reflective surface. Letteringshall be a minimum of2 inches (51 mm) high.

Chapter 50. Hazardous Materials - General Provisions.

Section 5001.5.1 is amended to add items numbered 10 & 11 to read as follows:

10. Fire Department related safety equipment

Fire alarm control panel (FACP)

Sprinkler riser

Fire department connection (FDC)

Knox Box location

Gas valve shutoff

Electrical main shutoff

Water shutoff

Elevator equipment room

11. A Site Fire/Explosion/Hazardous Material Release Analysis Assessment.A Fire Protection Engineer (FPE) stamped risk assessment is required for each possiblehazard risk associated with fire, explosion, smoke, and toxicity associated with the possible incident at a facility that is identified as a bulk transfer/process/storage facility. Refer toNFPA 550 & 551 for references.

Section 5001.5.3 is added to read:
5001.5.3 Emergency response support information.Floor plans, material safety data sheets, Hazardous Materials Management Plans (HMMP), Hazardous Material Inventory Statements (HMIS), and other information must be stored at a readily accessible location; as determined by the fire code official. This location may be in cabinets. located outside of facilities or buildings. Information may be required to be maintained in aspecific electronic media format to facilitate computer aided dispatching.

Section 5003.9.1.2 is added to read:
5003.9.1.2 Documentation.Evidence of compliance with provisions of this chapter as well as with state and federal hazardous material regulations shall be maintain e do ns i t ea n d available for inspection by fire department personnel.

Chapter 56. Explosives and Fireworks.

Section 5601.1.3 is amended to read as follows:

Fireworks. The possession, manufacture, storage,sale, handling and use of fireworks are prohibited within the jurisdiction of the District.

Exceptions:

1. Storage and handling of fireworks by a Public Safety Agency.

2. The use of fireworks for fireworks displays pyrotechnics before a proximate audience and pyrotechnic special effects in motion pictures, television , theatrical or group entertainment productions as allowed in Title 19, Division 1, 212
Chapter 6 Fireworks reprinted in Section 5608 and Health and Safety Code Division 11.

3. Snap Caps and Party Poppers classi fied by the State Fire Marshal as pyrotechnic devices.

Section 5601.2.2 is amended to read as follows:
5601.2.2 Sale and retail display. No person shall construct a retail display or offer for sale any explosives, explosive materials, or fireworks within the jurisdiction. Exception: Snap Caps and Party Poppers classified by the State Fire Marshal as pyrotechnicdevices.

Section 5601.2.4 is amended to read as follows:
5601.2.4 Financial responsibility. Before a permit is issued pursuant to Section 5601.2, the applicant shall file with the jurisdiction a corporate surety bond in the principal sum of $2,000,000 or a public liability insurance policy for the same amount, forthe purpose of the payment of all damages to persons or property which arise from, or are caused by, the conduct of any act authorized by the permit upon which any judicial judgment results. The fire code official is authorized to specify a greater or lesser amount when, in his or her opinion, conditions at the location of us ei n d i c a t eag r e a t e ro rl e s s e ra m ount is required.

Government entities shall be exempt from this bond requirement.

Exception: Fireworks in accordance with California Code of Regulations, Title 19, Division 1, Chapter 6. See Section 5608.

Chapter 57. Flammable and Combustible Liquids.

Section 5703.3.1 is added to read:
5703.3.1 Facility site Fire/Explosion/Hazardous Material Release Analysis Assessment.

A Fire Protection Engineer (FPE) stamped risk assessment is required for each possible hazard risk associated with fire, explosion, smoke, and toxicity associated with the possible incident at a facility that is identified as a bulk transfer/process/storage facility when required by the fire official. Refer to NFPA 550 & 551 for references.

Section 5704.2.9.6.1 is amended to read as follows:

Section 5704.2.9.6.1 Locations where above-ground tanks are prohibited. The storage of Class I and II liquids in above-ground tanks outside of buildings is prohibited in all zoning districts except districts zoned for commercial, industrial, or agricultural uses.

Exception: Protected above-ground tanks for the purpose of emergency power generator installations in areas zoned commercial, industrial, agricultural, business district, rural or rural residential, and for facilities on an individualbasis consistent with the intent of this provision. Tank size shall not exceed 1,000 gallonsf o ra n yc l a s s of liquids.

Section 5706.2.4.4 is amended to read:

Section 5706.2.4.4 Locations where above-ground tanks are prohibited. Storage of Class I and II liquids in above-ground tanks isprohibited in all zoning districts except district zoned for commercial, industrial, or agricultural uses. 213
Exception: Protected above-ground tanks for the purpose of emergency power generator installations in areas zoned commercial, industrial, agricultural, business district, rural or rural residential, and for facilities on an individualbasis consistent with the intent of this provision. Tank size shall not exceed 1,000 gallonsfor any class liquids.

Chapter 58. Flammable Gasses and Flammable Cryogenic Fluids Section 5806.2 is amended to read as follows:

Limitations. The storage of flammable cryogenic fluids in stationary containers outside of buildings is prohibited in any area which is zoned for other than industrial use.

Exception: Liquid hydrogen fuel systems in compliance with Section 5806.3 or 5806.4.

Chapter 61. LiquefiedPetroleum Gases.

Section 6103.2.1.7 is amended to read:
6103.2.1.7 Use for food preparation.Individual portable L-P containers used, stored, or handled inside a building classified as a Group A, Group B, or Group M occupancy for the purposes of cooking, food display, ora similar use, shall be limited in size to one quart capacity and shall be of an approved type. The number of portable containers permitted will be at the discretion of the fire code official. LP-gas appliances used for food preparation shall be listed for such use in accordance with the California Mechanical Code and NFPA 58.

Section 6104.2 is amended to read:
6104.2 Maximum capacity within established limits.The storage of liquefied petroleum gas is prohibited in any central business district and in all zoning districts except districts zoned for
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Ordinance No. ___