Agenda Packet — Hercules City Council, January 24, 2023 (part 1 of 3)

Tuesday, January 24, 2023
6:30 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: 844 4190 4880
Zoom Passcode: 817288
Zoom Phone Number: 1-669-444-9171
1 January 24, 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. CLOSED SESSION – CALL TO ORDER-ROLL CALL[6:30 P.M]
1A CONSIDER AND TAKE ACTION ON ANY REQUEST FROM A COUNCIL MEMBER TO

PARTICIPATE IN A MEETING REMOTELY DUE TO JUST CAUSE OR EMERGENCY CIRCUMSTANCES PURSUANT TO AB2449
1B SPECIAL MEETING- CLOSED SESSION
II. PUBLIC COMMUNICATION - CLOSED SESSION ITEMS
III. CONVENE INTO CLOSED SESSION
The Hercules City Council will meet in Closed Session regarding the following:

1. 22-437
Pursuant to Government Code Section 54956.8, Conference with Real Property Negotiators: Property Address: 1991 Railroad Ave, Hercules, CA 94547; Real Property Negotiator: Dante Hall, City Manager IV. REGULAR MEETING – RECONVENE TO OPEN SESSION-ROLL CALL [7:00 P.M.] V. REPORT ON ACTION TAKEN IN CLOSED SESSION
VI. PLEDGE OF ALLEGIANCE
VII. MOMENT OF SILENCE
VIII. INTRODUCTIONS/PRESENTATIONS/COMMISSION REPORTS

1. 22-432
Raven SR Project Presentation
Presentation-Raven SR - Hercules City Council 01.24.2023Attachments:

IX. AGENDA ADDITIONS/DELETIONS

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2 January 24, 2023City Council Meeting Agenda
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.

XI. PUBLIC HEARINGS
NONE
XII. CONSENT CALENDAR

1. 22-438
Meeting Minutes for January 10th, 2023
Meeting Minutes for January 10th, 2023Attachments:

2. 22-434 Annual Update Regarding the Following Matters:
1) Anti-Nepotism and Anti-Cronyism Ordinance;
2) Hercules Ethics Policy.

Recommendation: Accept report; provide direction to staff if any. 2023 Staff Report - Nepotism Ethics Update Council
Attach 1 - Nepotism Cronyism Ordinance
Attach 2 - 13-051 Hercules Ethics Policy
Attachments:

3. 22-422 Lot Line Adjustment 22-02 for Sycamore Crossing for Lots 1and 2 of Parcel Map MS 476-97(APN's 404-020-094 & 404-020-095)
Recommendation: Adopt a Resolution approving Lot Line Adjustment 22-02 for Sycamore Crossing to facilitate development of the approved hotel.

Staff Report-Sycamore Crossing Hotel LLA 22-02
Attach 1 - Resolution for City Council- Sycamore Crossing Hotel LLA 22-02 Attach 2 - Legal Description
Attach 3 - LLA Mapping Exhibit
Attachments:

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3 January 24, 2023City Council Meeting Agenda

4. 22-423 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.

Recomendation: That the City Council -Approve final adoption of amended Ordinance
Staff Report- ADU & SB9
Attach 1 - Draft Ordinance- ADU & SB 9-012423
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:

5. 22-424 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- Approve final adoption of amended Ordinance.

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

6. 22-426 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- Approve final adoption of amended Ordinance
Staff Report - Building Code 2022
Attach 1 - Building Code 2022 Ordinance
Attach 2 - County Ordinance 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:

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4 January 24, 2023City Council Meeting Agenda
XIII. DISCUSSION AND/OR ACTION ITEMS

1. 22-429 Sycamore Crossing Developer Update: Lewis Management Corporation
and Hercules Hospitality LLC will present an update to
the City Council regarding implementation of the approved development plan, with the hotel component as the first phase.

Recommendation: Receive a report from project developers on project development and ask any questions.

Staff Report- Sycamore Crossing Developer
Presentation-Sycamore Crossing Presentation_PPT V2_Jan 2023 Attachments:

2. 22-428 Hercules Hub - Project Update, Contract Amendment No. 1 in the amount of $115,579 for Gray-Bowen-Scott to prepare a Federal-State Partnership for Intercity Rail Grant and Appropriation of $115,579 from the Capital Reserve Fund to fully fund said Amendment, Resolution of Support for a Transit and Intercity Rail Capital Program Grant, and Designation of $3M of Capital Reserve Funding for the Project
Recommendation-
It is recommended the City Council receive an update
on the Hercules Hub and adopt resolutions:

1. Approving Amendment No.1 to Gray-Bowen-Scott’s contract in the amount of $115,579 to prepare a Federal-State Partnership for Intercity Rail Grant for a total, not to exceed contract amount of $590,332 and an appropriation of$115,579 from the Capital Reserve Fund to fully fund said amendment; and

2. Approving a resolution of support for the filing of a joint Transit and Intercity Rail Capital Program Grant with the Capitol Corridor Joint Powers Authority (CCJPA) as the lead agency; and

3. Designating $3M of Capital Reserve Funding as the City’s local match for future grants to fully fund the Hercules Hub Project.

Staff Report-Hercules Hub Update
Attach 1A - Resolution GBS Amendment No.1
Attach 1B - Resolution GBS Amendment No.1 Scope & Fee
Attach 2 - Resolution of Support TIRCP
Attach 3 - Resolution Designating Funding
Presentation- Hercules Hub-City Council Pres_V2
Attachments:

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5 January 24, 2023City Council Meeting Agenda

3. 22-427 Award of an Annual Janitorial Services Contract to Kleen-Tech in the Amount of $150,504 per Year for City Facilities
Recommendation: Award of an Annual Janitorial Services Contract to Kleen-Tech in the Amount of $150,504 per Year for City Facilities Staff Report -Janitorial Contract Award
Attach 1 - Resolution - Janitorial Contract Award
Attach 2 - Kleen Tech Letter
Attach 3- Scope of Services
Attachments:

4. 22-431 First Senior Health Fair Discussion: The City Council will receive information on the first Senior Health Fair.

Recommendation:

That the City Council will receive information on our Senior Health Fair Staff Report- Senior Health Fair
Attach 1. Flyer-Spring into wellness fair-2023
Attach 2. Vendor Application- Spring into wellness fair- 2023 Attachments:

5. 22-436 2023 Council Appointments on Regional Committees and Council Subcommittees
Recommendation: Appointment of members of the City Council by the Mayor to both Regional Committees and Council Subcommittees Staff Report - 2023 Council Appointments to Regional Committees Attach 1. 2023 Regional Committees and Council Subcommittees 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.

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6 January 24, 2023City Council Meeting Agenda
XVI. ADJOURNMENT
The next Regular Meeting of the City Council will be held on Tuesday, February 14th, 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 19, 2023)

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

COMMISSION HYBRID MEETINGS
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.

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7 January 24, 2023City Council Meeting Agenda
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.

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8 January 24, 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.

THE HERCULES CITY COUNCIL ADHERES TO THE FOLLOWING POLICIES,

PROCEDURES AND REGULATIONS REGARDING CITY COUNCIL MEETINGS

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9 January 24, 2023City Council Meeting Agenda

1. SPECIAL ACCOMODATIONS: 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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10 Raven SR Project Presentation to the
Hercules City Council
January 24th, 2023
11 2
|
Our Local History
History
Raven SR INC.
•
Daniel and C.L. Best, inventors in San Leandro, CA and
co
-
founders of Caterpillar Tractor (c. 1870+)
•
Dr. Terry Galloway, Professor in Environmental
Engineering at UC Berkeley and Section Leader at
U.C.’s Lawrence Livermore National Lab managing
projects in hydrogen, authored ~225 papers and books
•
Began Intellergy, Inc. in Richmond, CA in 1995
•
Technology was developed and commercialized in the
1980’s and 90’s.
•
First major commercial clean fuels project proposed
for Richmond in 2023
12 3
|
Raven Richmond Site Plan and Size (green & food waste)
Site Layout
Richmond, California. Approximately 1.5 acres (~6,000 m2) processing 70 wtpd of greenwaste and producing approx. 5,000 kgs SAE J2719 grade hydrogen Raven SR INC.
13 4
|
Raven Richmond Site Plan and Size (green & food waste)
Site Layout
Richmond, California. Approximately 1.5 acres (~6,000 m2) processing 70 wtpd of greenwaste and producing approx. 5,000 kgs SAE J2719 grade hydrogen Raven SR INC.
14 5
|
Clean Hydrogen – sustainable energy for global
net-zero economies
Hydrogen
Raven SR INC.
•
H
2 ,
like
gasoline,
must
be
handled
properly,
but
can
be
used
as
safely
as
other
fuels
;
•
H
2 is
a
common
compound
used
in
industrial
applications
for
decades
;
•
H
2 by
itself
is
not
explosive
or
self
-
igniting,
decayable
or
oxidizing
;
•
H
2 is
not
toxic,
corrosive,
radioactive,
foul
-
smelling,
water
-
polluting
or
even
carcinogenic
.
•
H
2 ,
unlike
liquid
fuels,
is
stored
and
transported
in
pure
form,
in
closed,
sealed
systems
or
tanks
;
•
H
2 is
lighter
than
air
escaping
upwards
;
hydrogen
sensors
also
increase
safety
Sources: shell-h2-study-new.pdf, Hydrogen Compared with Other Fuels | Hydrogen Tools (h2tools.org), Hyundai, Toyota and Hyzon publications 15 6
|
Meeting California Legislative Goals
Raven SR INC.

Legislative Goals
Converting Waste
into
Clean Fuels
SB
-
1771 California Climate Registry
SB
-
32 (AB
-
32) California Global Warming Solutions Act
SB
-
375 Sustainable Transportation Planning
SB
-
100 & 350 Renewable Energy Procurement
AB
-
617 Community Air Protection
AB
-
1493 Automobile Emission Standards
AB
-
1383 Short
-
Lived Climate Pollutant Reduction
SB
-
1383 Organic Waste Diversion
AB
-
1826 Mandatory Recycling of Organic Waste
AB
-
197 CARB Oversight and Reporting
AB
-
1007 Air quality
AB
-
8 Alternative Fuels
AB
-
32 Low Carbon Fuels Standard
AB
-
341 Solid Waste Diversion
SB
-
662 Transportation Sector: Hydrogen
SB
-
18 Green Hydrogen
16 7
|
The Raven and Republic Services Partnership
Site Layout
Raven SR INC.
•
Republic Services will divert flows of green and food waste from the cities to Raven for clean fuel production
•
Raven and Republic partnering to fulfill SB 1383 and
potentially offer increased capacity upon Raven operations. •
Raven is taking waste at no additional tipping fee.
•
Republic Services is providing free ground
-
lease to Raven
•
Republic Services is authorizing Raven use the landfill gas to generate electricity for
both
Republic and Raven in the new
generators Raven is purchasing
•
Feedstock restricted to only green waste and organics with daily intake limited to <99.9
tpd
.
17 8
|
Biomass, Short Lived Climate Pollutants & GHGs
“It
is
not
too
late
to
avoid
disastrous
climate
changes
.

If
we
stabilize
CO
2 concentrations
and
simultaneously
reduce
Short
Lived
Climate
Pollutants
(SLCP),
we
can
limit
the
end
-
of
-
century
warming
by
50 percent
and
reduce
the
cumulative
sea
-
level
rise
by
about
30 percent
.

It
is
encouraging
that
as
SLCPs
contribute
about
half
of
the
warming
reduction
and
about
two
-
thirds
of
the
sea
-
level
rise
reduction
since
we
already
have
technologies
to
reduce
them
…
SLCP
reductions
are
the
last
lever
we
have
left
to
avoid
catastrophic
climate
change
…
”
[Dr
.

V
.

Ramanathan,
UCSD
Scripps
Institute]
Raven SR INC.

Climate and Hydrogen
18 9
|
Repurposing Waste into Green Hydrogen
Five
garbage
trucks
per
day
of
organic
waste
will
produce
>
1 ,
600
MT
per
year
of
hydrogen,
enough
to
travel
97 +
million
miles
in
a
car
or
12 +
million
miles
in
a
Class
8 truck
.

Diverting
23 ,
000
MT
of
organic
waste
from
the
landfill
and
avoiding
4 ,
750
+
MT
of
CO
2 e
emissions
.
“
It
is
not
about
colors
;
it
is
about
cutting
carbon
pollution
…
”
Sec
.

J
.

Granholm,
DOE
.

Raven SR INC.

Environmental Impact
19 10
|
This challenge requires complex and dynamic solutions to preserve our planet and the needs of our population. The concern is greater than the single
-
issue of CO
2 emissions,
other matters include:

Ø
Planetary freshwater withdrawals and access to drinking water Ø
Loss of biodiversity, land and forests
Ø
Food security and nutrition
Ø
Poverty and mortality levels
Ø
Air quality and related health concerns
Ø
Land conversion, use, and soil toxicity
Ø
Ozone depletion and GHGs
Ø
Sufficient grid power
Investment Opportunity
A Holistic View of Climate Change
“Humanity’s 21st century challenge is to meet the needs of all within the means of the planet. In other words, to ensure that no one falls short on life’sessentials… , while ensuring that we do not overshoot our pressure on Earth’slife-supporting systems… ” K. Raworth Planetary Boundary Limit Current
Freshwater Withdrawals (km3/year) 4,000 2,600
Climate Change (ppm CO2) 350 400
Land Conversion 75% 62%
Biodiversity loss (extinctions per 1M) 10 100-1,000
Ozone Depletion (Dobson Unit) 275 283
N2 and P2 Load (million tons per year) 6.2 // 62 14 // 150 %
46%
9%
17%
29%
Population with under 5 mortality greater than 25/1000
Population without access to clean water
Population lacking access to electricity
Population living on less than international poverty level Social Boundaries
Environmental Impact
Raven SR INC.

The Doughnut of social and planetary boundaries
(K. Raworth)
20 11
|
Benicia Fab
In-House Fabrication and Machining
A wholly owned subsidiary of Raven, Benicia Fabrication & Machine fabricates Raven’s SR2, heat exchangers and FT reactors. By having in-house fabrication, Raven lowers cost, manages its equipment supply chain, accelerates construction, and protects Raven’s IP.

Founded in 1983, BFM is a well-known and respected fabrication and machine shop specializing in the repair, maintenance and new construction of pressure vessels, heat exchangers, and miscellaneous industrial equipment.

Benicia also actively provides machining and fabrication for non-Raven clients Strictly Private & Confidential | Raven SR INC.
21 12
|
Raven’s Strategic Partnerships
Raven’s strategic investors not only provide capital but knowledge and experience for stronger projects worldwide.

Partners
Raven SR INC.
22 13
|
CEQA Project Oversight
Raven SR INC.

CEQA Oversight
Construction only during
daytime hours and process is
<70 db. (a cell phone ring) at 10m
Feedstock is processed within 24H,
no odors from process or biocarbon.

Minimal traffic impact from trucks &
employees
Conditional Use Permit requires new
signs & landscaping on adjoining trail.

Wholly contained within WCCSL, no
interference with Republic’s operations
where energy production is already
approved by zoning
Hydrogen fuel designated for
NorCal
retail
fueling stations;
(for
900 cars / 100 class 8 trucks per day)
4,750+ MT per year of avoided CO
2 e
emissions from diverted organic waste
(SLCPs)
BAAQMD compliance of onsite Continuous
Remote Emissions Monitoring (CREM) for
criteria pollutant emissions
Feedstock restricted to only
green waste and organics with
daily intake limited to <99.9
tpd
.

Biocarbon, as a byproduct, may be
delivered to market or mixed with
compost daily.
23 Questions?
24 15
|
Site Elevation Views
Raven SR INC.

Site Layout
North
West
East
South
25 16
|
Repurposing Waste into Green Hydrogen
Raven SR INC.

Site Layout
“
Repurposing Waste into Green Hydrogen” at the Green Hydrogen Coalition’s Catalyst H2 Conference, Nov. 2022. Supervisor John Gioia, Matt Murdock, Julia Levin (Exec. Dir. Bioenergy Assoc. of California), and Mac Kennedy (Mote) 26 17
|
Raven SR INC.

Landscaping
27 18
|
Our Patented Technology
Raven SR has 14 patents and is actively increasing its intellectual property.

Investment Opportunity Technology & IP
Technology & Intellectual Property |
Raven SR INC.

TRL 9 TRL 9 & 9 TRL 8 TRL 9 & 7
Hydrogen Fuel
Pre-Treatment Stage 1 Stage 2 Stage 3
Input
(Waste Handling)

1. Waste to Gas
(Rotary Reformer)

2. Gas to H2 Syngas
(Electric Steam Reformer)
3a. H2 Only
(Water Gas Shift + Pressure
Swing Adsorption)
Fischer-Tropsch
(SAF, Diesel, Methanol)
3b. Synthetic
Fuel
(Fischer-Tropsch Reactors)
or
28 111 Civic Drive
Hercules, CA 94547City of Hercules
Meeting Minutes
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
7:00 PMTuesday, January 10, 2023
In-Person in Council Chambers or
Zoom ID: 854 3437 4933
Zoom Passcode: 613170
Zoom Phone Number: 1-669-900-6833
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 Mayor A. Walker-Griffin, Vice Mayor D. Romero, Council Member C. Kelley, and Council Member T. Grimsley

Present: 4 -
Council Member D. BaileyAbsent: 1 -
V. REPORT ON ACTION TAKEN IN CLOSED SESSION
VI. PLEDGE OF ALLEGIANCE
Lead by Council Member Grimsley
VII. MOMENT OF SILENCE
No moment of Silence
VIII. INTRODUCTIONS/PRESENTATIONS/COMMISSION REPORTS
None
IX. AGENDA ADDITIONS/DELETIONS
CM had no additions or deletions

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29 January 10, 2023City Council Meeting Minutes
X. PUBLIC COMMUNICATIONS
Allison Peters- Senior Community Library Manager promoted upcoming programs.

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.

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:

Larissa Alchin presented updated Code Ordinance.

Tanya Little made a public comment via Zoom
Council Members provided comment
MOTION: A motion was made by Council Member Kelley, seconded by Council Member Grimsley, to adopt the updated ADU & SB9 Ordinance. The motion carried by the following vote:

Aye: Mayor A. Walker-Griffin, Vice Mayor D. Romero, Council Member C. Kelley, and Council Member T. Grimsley
4 -

Absent: Council Member D. Bailey1 -

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30 January 10, 2023City Council Meeting Minutes

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:

Larissa Alchin presented updated Child Care and Supportive Housing Ordinance.

Public Comment by Karina Laige
Council Members provided comment
MOTION: A motion was made by Vice Mayor Romero, seconded by Council Member Kelley, to adopt updated language to the Child Care and Supportive Housing Oridance . The motion carried by the following vote:

Aye: Mayor A. Walker-Griffin, Vice Mayor D. Romero, Council Member C. Kelley, and Council Member T. Grimsley
4 -

Absent: Council Member D. Bailey1 -

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 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.

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31 January 10, 2023City Council Meeting Minutes
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:

Larissa Alchin and Tim Rood presented updated Construction Codes referencing the new California Code of Regulations
Council Members provided comment
MOTION: A motion was made by Council Member Grimsley, seconded by Council Member Kelley, to adopt the amended Construction Code Ordnance-Hercules Municipal OCde Title 9, Chapters1-18. The motion carried by the following vote:

Aye: Mayor A. Walker-Griffin, Vice Mayor D. Romero, Council Member C. Kelley, and Council Member T. Grimsley
4 -

Absent: Council Member D. Bailey1 -
XII. CONSENT CALENDAR
MOTION: A motion was made by Council Member Romero, seconded by Council Member Kelley, to adopt the Consent Calendar.

Aye: Mayor A. Walker-Griffin, Vice Mayor D. Romero, Council Member C. Kelley, and Council Member T. Grimsley
4 -

Absent: Council Member D. Bailey1 -

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

Approved

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:

Approved

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32 January 10, 2023City Council Meeting Minutes
XIII. DISCUSSION AND/OR ACTION ITEMS

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

Eibleis Melendez, Acting City Clerk Presented
Council Members provided Comment
MOTION: A motion was made by Council Member Kelley, seconded by Council Member Grimsley, to appoint Orit Samson to The Finance Commission .

A separate motion was made by Council Member Romero, seconded by Council Member Kelley, to appoint Hailey Solis to The Community Library Services Commission. The motion carried by the following vote:

Aye: Mayor A. Walker-Griffin, Vice Mayor D. Romero, Council Member C. Kelley, and Council Member T. Grimsley
4 -

Absent: Council Member D. Bailey1 -

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:

Patrick Tang presented and provided clarification on how this may effect the Commissions.

Council Members provided comment

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

Edwin Gato presented.

Council Members provided Comment
One public comment was provided
MOTION: A motion was made by Council Member Kelley, seconded by Council Member Grimsley, to adopt this Discussion/Action Item. The motion carried by the following vote:

Aye: Mayor A. Walker-Griffin, Vice Mayor D. Romero, Council Member C. Kelley, and Council Member T. Grimsley
4 -

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33 January 10, 2023City Council Meeting Minutes

Absent: Council Member D. Bailey1 -

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:

Edwin Gato presented and City Manager Hall provided additional comment to Edwin's report.

Council Members provided comment.

No Public comment
XIV. PUBLIC COMMUNICATIONS
No public comment
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
City Manager Hall commented on engaging the public in the budget process and monitoring the current storm events.

City Attorney Tang provided clarification to a response regarding AB 2449 Council Members gave updates on events and programs that they have participated. This also included updates from the Regional Committees that they are on.

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
9:07 P.M

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

COMMISSION HYBRID MEETINGS

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34 January 10, 2023City Council Meeting Minutes
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.

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

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35 January 10, 2023City Council Meeting Minutes

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.

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36 January 10, 2023City Council Meeting Minutes

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.

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.

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.

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37 REPORT TO THE CITY COUNCIL

DATE: Regular Meeting of January 24, 2023

TO: Mayor Walker-Griffin and Members of the City Council

SUBMITTED BY: J. Patrick Tang, City Attorney

SUBJECT: Annual Update Regarding the Following Matters:
1) Anti-Nepotism and Anti-Cronyism Ordinance;
2) Hercules Ethics Policy.

RECOMMENDED ACTION:

Accept report; provide direction to staff if any.

COMMISSION/SUBCOMMITTEE ACTION AND RECOMMENDATION:

The measures discussed in this report stem from recommendations made by the Citizen’s Legal Advisory Committee (also referred to as the Legal Ad Hoc Committee), which served the City from 2011 to 2013.

FISCAL IMPACT OF RECOMMENDATION:

None.

SUMMARY:

The City Council has directed that staff report to the Council annually regarding compliance with the Anti-Nepotism and Anti-Cronyism Ordinance and the Hercules Ethics Policy.

As reported to you in prior annual reports, since its enactment and for the period since the last report to Council up to now, there have been no known violations of the Anti-Nepotism and Anti- Cronyism Policy. Likewise, there have been no known violations of the Hercules Ethics Policy.

Staff has fully incorporated the reporting requirements contained within the two respective policies.

BACKGROUND:

With the election of reform minded council members starting in November 2010, Hercules public officials have attempted to close l oopholes in state conflict of interest laws, and to make local government more transparent and accountable. The Citizen’s Legal Advisory Committee (also 38 referred to as the Legal Ad Hoc Committee), which served the City from 2011 to 2013, was tasked by the new City Council to study and propose local measures to increase transparency and accountability in local government. The matters discussed in this report stem in large part from the recommendations of this Citizen’s Committee.

Equal Pay Act Ordinance: While an annual compliance report has not specifically been required by Council, it should be noted that in 2021, the City adopted an Equal Pay Act Ordinance which, similar to the Anti-Nepotism and Anti-Cronyism Ordinance, requires entities that contract with the City to provide Acknowledgments under penalty of perjury that they are in compliance with state law equal pay provisions. To date, there have been no known violations of the Equal Pay Act Ordinance.

DISCUSSION:

1. Anti-Nepotism and Anti-Cronyism Ordinance.

Initially adopted by the City Council by resolution on June 19, 2012, and then finally by ordinance on April 28, 2015, this measure is intended to prevent the hiring and employment of, and the award of contracts to, individuals related by bloo d or marriage to public officials. It also prohibits employment or contracting with individuals or firms who have a “crony” relationship with public officials. The provisions are codified in the Hercules Municipal Code, Title 2, Chapter 3, Article 4, entitled, “Prevention of Nepotism and Cronyism in Employment and Contracting.”

Since the passage of the original measure in June of 2012 to now, there have been no instances in the City of Hercules involving the employment of, or contracting with, prohibited individuals or businesses. Public officials are required annually to sign an acknowledgment confirming that they have reviewed the requirements of the ordinance. Contractors are required to submit as part of their bid package and/or contracting documents that they are not in violation of the requirements. These acknowledgment and reporting requirements have been fully implemented since the adoption of the final ordinance and are being tracked by the City Clerk and those members of city staff who are responsible for putting together contract documents.

2. Hercules Ethics Policy.

Upon the recommendation of the Citizen’s Legal Advisory Committee, and after discussion and due consideration, the City Council on May 28, 2013, passed by a unanimous vote Resolution No. 13-051 establishing the City of Hercules Ethics Policy.

The Ethics Policy sets forth a number of ethical expectations for elected officials and appointed members of the City’s boards and commissions (“Members”). The five-page policy enumerates the basic and broad requirements that Members shall comply with all laws pertaining to their public duties (Sec. 2). It requires that Members conduct the public’s business without even the appearance of impropriety, and refrain from abusive conduct (Sec. 3). Members must respect the public process and rules of order (Sec. 4), and make decisions based on merit (Sec. 6). Members should share with the public information they obtained from sources outside the public decision-making process (Sec. 7).

Members should abide by conflict of interest laws and financial disclosure laws and shall not participate in a matter even when there is no statutory violation involved if their participation presents the appearance of impropriety (Sec. 8). Members shall refrain from receiving gifts which might compromise their independence of judgment or which give the appearance of being compromised (Sec. 9). Council members shall not unduly influence Members serving on boards and commissions 39 (Sec. 15). Members are reminded that they have taken an oath of office, and that they have a duty to disclose corruption, abuse, or other violations of law (Sec. 17). Violation of the Policy by a member of a commission, board or committee, may result in the removal of that person from office (Sec. 19).

Under Section 18, it is stated that the Policy is intended to be self-enforcing. For this reason, based upon the language in the resolution, the Policy is intended to be part of the regular orientation for elected and appointed officials. Training materials have been revised to include a discussion of the Ethics Policy, and all sitting and future Members have been required to sign a statement prepared for the purpose of acknowledging that they have read, and that they understand, the policy.

ATTACHMENTS:

Attachment 1 – Anti-Nepotism and Anti-Cronyism Ordinance.

Attachment 2 – Resolution No. 13-051 Adopting City of Hercules Ethics Policy 40 H E R C U L E S M U N I C I P A L C O D E

Article 4. Prevention of Nepotism and Cronyism in Employment and Contracting Sec. 2-3.401 Purpose.

In adopting this Article, it is the intent of the City Council to prohibit the contracting with, and employment of, relatives and friends of City officials, to ensure that no conflict of interest, favoritism, preferential treatment, or discrimination enters into the hiring, promotion, contracting and/or transfer practices of the City.

The regulations established by this Article shall apply to all City officials, as defined herein, and to all individuals or firms who provide services to the City as independent contractors or paid consultants. (Ord. 486 § 1 (part), 2015)
Sec. 2-3.402 Definitions.
“City” as used herein shall mean the City of Hercules, California. “City officials,” for the purposes of this Article, means City elected officials, City appointed officials, appointees to City ad hoc or standing committees, appointees to City commissions, and City employees, including all individuals who are employed by the City Manager, City Attorney, and City Clerk, as well as all employees of City agencies and departments.
“Consensual romantic and/or sexual relationship” means any consensual romantic and/or sexual relationship between a City official or contractor and any City official who may supervise him or her directly or indirectly, or who may influence the terms and conditions of his or her employment or contract with the City.
“Contractor” means any individual or firm providing material, equipment, or services to the City pursuant to a written or oral agreement with the City as an independent contractor or consultant, and not as an employee.
“Cronyism” means making an employment or contracting decision based upon personal, political, financial, or commercial relationships instead of merit when the person or entity benefiting from the employment, promotion, supervision or contract does not have the qualifications for the position or contract, or is being compensated at a rate that is more than the rate that would be paid other employees or contractors performing the same or similar functions. “Family relationship” means a relationship by blood, adoption, marriage, domestic partnership, foster care, and cohabitation, and includes parents, grandparents, great-grandparents, grandchildren, great- grandchildren, children, foster children, uncles, aunts, nephews, nieces, first cousins, second cousins, 41 siblings, and the spouses or domestic partners of each of these relatives and cohabitants. This definition includes any relationship that exists by virtue of marriage or domestic partnership, such as in- law and step relationships, which are covered to the same extent as blood relationships. “Nepotism” means employing, promoting, supervising or contracting with a person or persons who have a family relationship or a consensual romantic and/or sexual relationship with a City official. (Ord. 486 § 1 (part), 2015)
Sec. 2-3.403 Restricting Nepotism and Cronyism in Public Employment. (a) Statement of Policy. It is the policy of the City of Hercules to hire, promote, and transfer employees on the basis of individual merit and to avoid favoritism or discrimination in making such decisions. The employment of relatives of City officials, in positions where one (1) might have influence over the other’s status or job security, is regarded as a violation of this Section. Nepotism and cronyism, as defined in Section 2-3.402, are prohibited from City employment decisions to the full extent permitted by law.

It is therefore the City’s policy to prohibit nepotism and cronyism in public employment according to the guidelines below:
(1) An individual will not be hired, promoted, transferred, or otherwise placed into a position when a person with whom the individual has a family relationship or consensual romantic and/or sexual relationship occupies a position in his or her direct supervisory chain of command. (2) Individuals will not be hired, promoted, transferred, or otherwise placed into a position when to do so would constitute cronyism.
(3) Department heads are prohibited from employing or supervising any person with whom the department head has a family relationship or consensual romantic and/or sexual relationship within his/her department in any capacity in which that person may receive compensation. (4) Department heads are prohibited from employing or supervising any individual, when to do so would constitute cronyism.
(5) City positions should be advertised to the public and filled pursuant to an objective selection process based upon qualification.
(b) Resolving a Violation. In the event nepotism or cronyism arises due to circumstances such as through promotion, transfer, the development of a consensual romantic and/or sexual relationship or marriage, the involved individuals have six (6) months in which to settle the issue voluntarily (i.e., by having one (1) of them change assignment or leave City employment).

If the affected parties are unable to resolve the situation within the time provided, their immediate supervisors will review the case at the end of the six (6) month period. The supervisor’s decision 42 concerning which employee must change assignment, made after consultation with the Director of Human Resources, will be binding.
(c) Responsibility to Report. It is the responsibility of a City official to report a violation of this Section. A City employee must notify his/her supervisor, and it is the responsibility of an elected or appointed official to notify the City Manager, or the City Attorney in the case of a violation by the City Manager, when any of the following situations occur:
(1) When a person who is hired or appointed, or is being considered to be hired or appointed, has a family relationship or consensual romantic and/or sexual relationship with a City official; and/or (2) When a City official has or develops a family relationship or consensual romantic and/or sexua l relationship with another City official who occupies a position in his or her direct supervisory chain of command; and/or
(3) When hiring, promotion, appointment or supervision of a City official constitutes cronyism as defined in Section 2-3.402.

The intent of this Section is to ensure that no conflict of interest, favoritism, preferential treatment, or discrimination enters into the hiring, promotion, and/or transfer practices of the City. (d) Penalty for Failure to Report. A City official, other than an elected official, who knows or should know that a person with whom he or she has a family relationship or consensual romantic and/or sexual relationship is employed by the City, or who knows or should know of any employment decision that constitutes nepotism or cronyism and fails to report the violation, is subject to discipline, including but not limited to suspension or termination.

An elected official who knows or should know that a person with whom he or she has a family relationship or consensual romantic and/or sexual relationship is employed by the City, or who knows or should know of an employment decision that constitutes nepotism or cronyism and fails to report the violation, is subject to censure. (Ord. 486 § 1 (part), 2015)
Sec. 2-3.404 Restricting Nepotism and Cronyism in Public Contracting. (a) Statement of Policy. It is the policy of the City of Hercules to avoid favoritism or discrimination in making decisions to award contracts for supplies, construction, maintenance, professional or other services. The awarding of a contract or the approval of payments or expenses under a contract by a City official, to a person with whom she or he has a family relationship or a consensual romantic and/or sexual relationship, is regarded as a violation of this Section. Nepotism and cronyism as defined in Section 2-

3.402 are hereby prohibited from City contracting decisions to the full extent permitted by law.

It is therefore the City’s policy to prohibit nepotism and cronyism in City contracts, according to the guidelines below:
43 (1) An individual contractor shall not be awarded a contract with the City when the contractor has a family relationship or consensual romantic and/or sexual relationship with a City official who may have some influence over the award or management of the contract, or when the award of a contract to that individual contractor would constitute nepotism or cronyism. (2) Firms shall not be awarded contracts with the City when an owner, manager, senior member, principal, officer, or partner of the firm has a family relationship or consensual romantic and/or sexual relationship with a City official who may have some influence over the award or management of the contract, or when the award of a contract to a firm would constitute nepotism or cronyism.
(3) A City official is prohibited from awarding contracts to any individual with whom he or she has a family relationship or consensual romantic and/or sexual relationship, or to any firm when an owner, manager, senior member, principal, officer, or partner of the firm has a family relationship or consensual romantic and/or sexual relationship with the employee or official, or when to do so would constitute nepotism or cronyism.

The intent of this Section is to ensure that no conflict of interest, favoritism, or discrimination enters into the contracting practices of the City.
(b) Responsibility to Report a Violation of Regulations Against Contracting with Relatives or Contracts that Constitute Cronyism. It is the responsibility of a City official to report a violation of this Section. A City employee must notify his or her supervisor, and an elected or appointed official must notify the Ci ty Manager, or the City Attorney in the case of a violation by the City Manager, when he or she is aware of any of the following situations:
(1) When a person who has a family relationship or consensual romantic and/or sexual relationship with a City official is being considered for the award of a contract to provide services to the City; and/or
(2) When a City official has or develops a family relationship or a romantic and/or consensual sexual relationship with a person who has an existing contract to provide services to the City; and/or
(3) When the award of a contract would constitute nepotism or cronyism as defined in Section 2-

3.402.
(c) Penalty for Failure to Report. A City official, other than an elected city official, who knows or should know that a person with whom he or she has a family relationship or consensual romantic and/or sexual relationship is being considered for or has been awarded a contract with the City in violation of this Section, and fails to report the violation, is subject to discipline, including, but not limited to, suspension or termination.
44 An elected official who knows or should know that a person with whom he or she has a family relationship or consensual romantic and/or sexual relationship is being considered for or has been awarded a contract with the City in violation of this Section, and fails to report the violation, is subject to censure.

A contractor who has a contract with the City or who seeks a contract with the City and fails to report that a person with whom she or he has a family relationship or consensual romantic and/or sexual relationship is employed by the City or is a City official, or that the award of the contract constitutes cronyism in violation of this Section, may have his or her contract terminated and may be precluded from being awarded any future contracts with the City. (Ord. 486 § 1 (part), 2015) Sec. 2-3.405 Penalties Not Exclusive.

The penalties provided under this Article are not exclusive, and do not preclude punishment under any other applicable provision of law. (Ord. 486 § 1 (part), 2015) Sec. 2-3.406 Notice and Acknowledgment.
(a) The requirements of this Article shall be acknowledged annually by all City officials who are required to comply with State of California financial disclosure requirements, on a form developed by the City Attorney and provided by the City Clerk. The written acknowledgment must be submitted at the time such financial disclosures are required to be submitted.
(b) All contractors and prospective contractors shall be notified in writing of the requirements of this Article at the time the City issues a request for proposals or qualifications, and prior to entering into a sole source agreement. (Ord. 486 § 1 (part), 2015)

45 Attachment 2
46 47
48 49
50

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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 Michael Roberts, City Engineer
Larissa Alchin, Contract Planner

MEETING DATE: January 24, 2023

SUBJECT: Lot Line Adjustment 22-02 for Sycamore Crossing for Lots 1 and 2 of Parcel Map MS 476-97 (APNs 404-020-094 & 404-020-095)

RECOMMENDED ACTION: Adopt a Resolution approving Lot Line Adjustment 22-02 for Sycamore Crossing to facilitate development of the approved hotel.

FISCAL IMPACT OF RECOMMENDATION: None

EXECUTIVE SUMMARY:

To facilitate the development of the approved hotel at Sycamore Crossing, the owners of the two parcels composing the Sycamore Crossing site, Hercules Hospitality LLC and Lewis Management Corporation, propose a lot line adjustment between the two parcels, Lot 1 Assessor Parcel Number (APN) 404-020-094 and Lot 2 APN 404-020-095. The proposed lots are consistent with the approved Planned Development Plan and meet the Municipal Code and State Subdivision Map Act requirements for a Lot Line Adjustment . T he accompanying plat map and legal exhibits have been provided in a form acceptable to the City Engineer. Council approval is required under the Municipal Code.

BACKGROUND:

The proposed lot line adjustment will facilitate development of the proposed hotel by adjusting the boundaries of the existing Lot 1, the hotel site, consistent with the approved Sycamore Crossing Initial/Final Planned Development Plan FPDP #14-01.

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Figure 1 shows the proposed changes to the southeastern boundary of the hotel parcel.

Figure 1. Proposed Lot Line Adjustment

The two existing lots are bounded by San Pablo Avenue, Sycamore Avenue, and Tsushima Street in the City of Hercules. Lot 1 (1.77 acres) fronts Sycamore Avenue and abuts the west side of the creek. Parcel 2 (11.12 acres) extends from Tsushima Street on the west side of the site, across the creek, to the eastern tip at the intersection of San Pablo Avenue and Sycamore Avenue. The Sycamore Crossing site is bifurcated by the west branch of Refugio Creek (also known as Ohlone Creek). The current configuration of Lot 1 and 2 was approved by Lot Line Adjustment 17-01 and recorded as Instrument No. 2017-0087541.

The City Council adopted Resolution No. 2019-051 on September 10, 2019, approving a Sycamore Crossing vesting tentative map creating Parcel A, B, C, D, E, F, and G. However, a Final Map was not completed.

As shown below in Figure 1 and in Attachment 2, Legal Description, the proposed lot line adjustment would transfer approximately 0.17 acres along Refugio Creek from Lot 2 to Lot 1 and transfer approximately 0.05 acres from Lot 1 to Lot 2, for a net transfer of 0.12 acres from Lot 2 to Lot 1, resulting in a new Lot 1 area of 1.89 acres and Lot 2 area of 11.0 acres.

ANALYSIS

Section 10-2.102(e) of the Hercules Municipal Code and Section 66412(d) of the State Subdivision Map Act provide that lot line adjustments of the type being requested are not subject to other subdivision provisions so long as:
 The proposed lot line adjus tment is between two or more existing adjacent parcels;
 The land taken from one parcel is added to an adjacent parcel; 52

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 A greater number of parcels than originally existed is not created;  The City of Hercules has not imposed conditions or exactions on its approval of the lot line adjustment except to conform to local zoning and building ordinances; and
 The lot line adjustment is approved by the City Council in a form acceptable to the City Engineer.

Pursuant to State Govt. Code Section 66412(d), staff finds the proposed lot line adjustment conforms to the local General Plan, any applicable specific plan, any applicable coastal plan (none are applicable within the City of Hercules) and to zoning and building ordinances as follows:

General Plan
The proposed Lot Line Adjustment involves two properties designed Planned Commercial- Residential (PC-R), Public/Semi-Public Open Space (P/SP-OS), and General Commercial (GC) in the General Plan. The proposed lot line adjustment does not alter the two parcels’ compliance with the General Plan Land Use designations.

Central Hercules Plan
The proposed Lot Line Adjustment involves two properties within the Central Hercules Plan area, which was adopted in 2001. The proposed lot line adjustment does not alter the two parcels’ conformance to the Regulating Code of the Central Hercules Plan.

Zoning Ordinance
The current zoning approved for the overall Sycamore Crossing site through the Sycamore Crossing Initial/Final Planned Development Plan (FPDP 14 -01) includ es Planned Commercial Residential Mixed-Use, with lot size, frontage and depth standards as defined in the FPDP; General Commercial (CG), with lot size, frontage and depth standards as defined in the Zoning Code, and Public/Quasi-Public—Open Space, which has no minimum lot size, frontage, or depth. Figure 2 shows the current zoning designations per the approved FPDP.

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Figure 2. Current zoning map

Lot 1 will conform with Planned Commercial Residencial Mixed -Use zoning in that the proposed lot size, frontage and depth and proposed setbacks are consistent with the approved FPDP.

Lot 2 will conform with Planned Commercial Residencial Mixed-Use zoning in that lot size, frontage and depth and proposed setbacks are consistent with the approved FPDP. Lot 2 will also conform to General Commercial (CG) zoning requirements in that the lot meets the minimum lot size of 0.23 acres, lot frontage of 100 ft and lot depth of 100 ft.

Building Code

The proposed Lot Line Adjustment involves two vacant properties (containing no structures) and therefore no inconsistency with building codes is created.

Subdivision Map Act

The proposed project is consistent with the Subdivision Map Act 66412(d) since it involves a lot line adjustment between four or fewer existing adjoining parcels where the land taken from one parcel is added to an adjoining parcel and because a greater number of parcels than originally existed will not be created. Also , as noted above , the proposed lot line adjustment results in no inconsistency with the City’s General Plan and Zoning Ordinance.

ATTACHMENTS:

Attachment 1 – Draft Resolution
Attachment 2 – Exhibit A – Legal Description
Attachment 3 – LLA Mapping Exhibit
54 RESOLUTION NO. 23-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERCULES APPROVING LOT LINE ADJUSTMENT #22-02 FOR SYCAMORE CROSSING LOT 1 AND LOT 2 APN 404-020-094 & 404-020-095 TO FACILITATE PROPOSED HOTEL SITE PLAN

WHEREAS, on May 9, 2017, the City Co uncil of the City of Hercules appr oved Lot Line Adjustment 17-01, for the Sycamore Crossing site, a lot line adjustment resulting in Lot 1 , a 1.77-acre parcel and Lot 2, a 11.12-acre parcel; and

WHEREAS, on September 10, 2019, the City Council of the City of Hercules adopted Resolution No. 19-051, approving the Sycamore Crossing Planed Development Plan and Vesting Tentative Map VTM creating Parcel A, B, C, D, E, F, and G; and

WHEREAS, a Final Map for the Vesting Tentative Map has not been submitted or approved; and

WHEREAS, Section 10-2.102(e) of the Hercules Municipal Code states that lot line adjustments of the type begin requested are not subject to the Provisions of Title 10, Chapter 2 “Subdivisions”, so long as the lot line adjustment is approved by the City Council in a form acceptable to the City Engineer; and

WHEREAS, in accordance with Section 15305(a) of the California Environmental Quality Act (CEQA) Guidelines, approval of Lot Line Adjustments is categorically exempt (“minor lot line adjustments… not resulting in the creation of any new parcel”) and do not require an environmental impact report or negative declaration; and

WHEREAS, the City Engineer/Public Works Director , the Planning Director, contract City Surveyor, and City Council have reviewed the proposal and deemed its configuration and content to be acceptable.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hercules that the City Council hereby approves Lot Line Adjustment 22-02 for the Sycamore Crossing Project to facilitate the proposed hotel site plan.

The foregoing Resolution was duly and regularly adopted at a regular meeting of the City Council of the City of Hercules held on the twenty-fourth day of January 2023, by the following vote of the Council:

AYES:

NOES:

ABSTAIN:

ABSENT:
____________________________
Alex Walker-Griffin, Mayor
ATTEST:

Eibleis Melendez
Acting City Clerk
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TSUSHIMA STREET

SYCAMORE AVENUE

OHLONE CREEK PLACE

SAN PABLO AVENUE

RIDGE CREST TERRACE

PARCEL A
(REVISED)

PARCEL B(REVISED)

PARCEL D
(REVISED)

PARCEL E
(REVISED)

PARCEL C
(REVISED)
F:\2762-000\ACAD\EXHIBITS\XB17A-MAPPING EXHIBIT REVISED.DWG 12/2/2022 10:15 AM
0' 150'50' 200'
1" = 50'SCALE:

MAPPING EXHIBIT

SYCAMORE CROSSING

CITY OF HERCULES CONTRA COSTA COUNTY CALIFORNIA

CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM

SACRAMENTO
(925) 866-0322
(916) 375-1877
DATE: DECEMBER 2022
LEGEND

AREA ADJUSTMENTS
AREA LOT 1 TO PARCEL C/D (SF)PARCEL C/D TO LOT 1 (SF)
TOTAL 2,234 7,247
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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 24, 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. Adopt second reading of amended Ordinance.

FISCAL IMPACT OF RECOMMENDATION:

There are no direct fiscal impacts associated with this item.

EXECUTIVE SUMMARY:

This ordinance revises certain zoning code provisions for Accessory Dwelling Units, or ADUs, and urban lot splits as allowed by Senate Bill 9. The revisions were drafted in response to the state Department of Housing and Community Development’s review of the City’s ordinance and updated guidance. In summary, as required by state law, the changes would allow up to 2 to 4 feet of additional height for a detached ADU in certain situations, allow an ADU to be created even if the existing house does not fully conform to one or more aspects of the zoning or building codes but does not present a threat to public health and safety, and allow most owner-occupied single-family houses, including those created using an SB 9 urban lot split, to create both an ADU and a J unior ADU, which is a small unit created entirely within a single-family residence.

The City Council approved the first reading of this ordinance on January 10, 2023.

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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 requirements, 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.

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.

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 Sect ion, only building permits shall be required for ADUs or and JADUs in the following circumstances:

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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.

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.

For example, each lot resulting from an SB 9 urban lot split may contain one of the following unit configurations:

 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

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 withi n 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)

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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 from HCD did not address compliance with this legislation.

SB 897 (Attachment 4) increases height limits of detached and attached ADU s 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:

 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.

 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. o HMC does not require written notice or posting of a placard for demolition, therefore no change is 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.
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.

 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:

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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.

 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 agencies to allow an additional two feet in height to accommodate a roof pitch on an ADU 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 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 zone 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 76 6

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 with 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-Unit Developments were also added to Table 13-6.1 as a Permitted Use (P) in single-family districts RS-E and RS-L.

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

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

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Table 13-6.1 Land Use Regulations: Residential District RS-E RS-L RM-L RM-M RM-H See Also
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
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
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Table 13-6.1 Land Use Regulations: Residential District RS-E RS-L RM-L RM-M RM-H See Also
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
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
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Table 13-15.1 Land Use Regulations: PC-R Planned Commercial Residential Mixed-Use District
PC-R See Also
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
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
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Table 13-15.1 Land Use Regulations: PC-R Planned Commercial Residential Mixed-Use District
PC-R See Also
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)

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 amendments 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 California Government Code Sections 65852.21(j) and 81 11

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 amendments, which, c onsistent with state law requirements, generally accomplish the following:

 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 and Community Development, Review of Hercules ADU Ordinance

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

4. Senate Bill 897 – Text

82 Ordinance No.

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ATTACHMENT 1.

ORDINANCE NO. _____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERCULES AMENDING PROVISIONS OF LAND USE REGULATION TABLE S 13-6.1 AND 13-15.1; SECTION 13-35.320 AND SECTION 10 -2.904 OF THE HERCULES MUNICIPAL COD E 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 public 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 California Department of Housing and Community 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 Governor 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 Sect ion 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 Health and Safety Code within the City of Hercules in a manner 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 this Ordinance by this reference.

83 Ordinance No.

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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 or county to implement the provisions of Section 65852.1 or 65852.2 of the Government Code (the state ADU law), and under California 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 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 Community Development 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 Community Development 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 Community Development 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.
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“Attached ADU” means an ADU that is attached to an existing or proposed primary dwelling or accessory structure.
“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.
85 Ordinance No.

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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;
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 86 Ordinance No.

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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.

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.
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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 and JADUs 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.
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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)

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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. 90 Ordinance No.

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(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 feet in lot area.
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(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 92 Ordinance No.

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(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 Parcel 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. 93 Ordinance No.

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(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 Section 13-5.100, 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. 94 Ordinance No.

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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.
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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.]

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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

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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-

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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
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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)
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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:
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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.

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.
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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. 103
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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
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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

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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)
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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.

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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 ORDINANCE was 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 vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Alexander Walker-Griffin, Mayor

Eibleis Melendez
Acting City Clerk
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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:

• 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 109
f
indings 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
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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

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his 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 housing 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 ministerial approval of a housing development with no more than two primary units in a single- family zone, the subdivision of a parcel in a single -family zone into two parcels, 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 environmental site constraints ( e.g., wetlands, wildfire risk, etc .), anti -displacement measures for renters and low -income households, and the protection of historic structures and districts. Key provisions of the law require a local agency to modify or eliminate objective development standards on a project-by-project basis if they would prevent an otherwise eligible 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 or that will be subject to the lot split must be located in a single- family residential zone. 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 residential 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 the 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 therefore 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.

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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 agenc y’s single-family residential zone(s). For 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 development 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 development 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 always a “staff -level 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, objective 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 development applicant or proponent and the public official prior to submittal. A ny objective standard that would physically preclude either or both of the two objectives noted above must be modified or 113
wa
ived by the local agency in order to facilitate the development 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 setback greater than four feet. The local agency cannot apply existing side and rear setbacks applicable in the single- family residential zone(s). Additionally, the four -foot 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 residential 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 physical 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 public 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).)

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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 under SB 9 if the parcel contains any of the site conditions listed in Government Code section 65913.4, subdivision (a)(6)(B-K). Examples of conditions that may disqualify 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 areas, or conservation easements. SB 9 incorporates by reference t hese environmental site 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 f or 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 deemed 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 analysis 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 directly from statute), the preparation and adoption of the ordinance is not considered a project under CEQA. In other words, the preparation and adoption of the ordinance is statutorily 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 lot 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. 115
Lot Split Requirements
(Reference: Gov. Code, § 66411.7)
SB 9 does not require a local agency to approve a parcel map that 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 may only be subdivided once under Government Code section 66411.7. This provisi on 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 of 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 scenarios 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 residential unit) is typically a single-family residence or a residential unit 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 one or more persons and is located on a lot with a proposed or existing primary residence. 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 sanitation facilities with the existing structure.
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he terms “unit ,” “housing unit ,” “residential unit ,” and “housing 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 two 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 receive 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 is 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 f
or more information and resources.

Relationship to Other State Housing Laws
SB 9 is one housing law among many that have been adopted to encourage 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) identify any governmental constraints to the use of SB 9 in the creation of units (including land use controls, fees, 117
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other exactions, as well as locally adopted ordinances that impact the cost and supply of residential development), and 4) include programs and policies that establish zoning and development standards early in the planning period and implement incentives to encourage and facilitate development. The element should support this analysis with local information such as local developer or owner interest to utilize 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 residential zones. “Reducing the intensity of land use” includes, but is not limited to, reductions to height, density, or floor area ratio, new or increased open space or lot size requirements, 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 local ordinance that would i
mpose unique development standards on units proposed under SB 9 (but that would not apply to other developments). Any proposed modification to an existing develo pment 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 about 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 dwelling unit. (Gov. Code, § 65905.5, subd. (b)(3).) For additional information about the HAA 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 ordinance that includes residential rental units affordable to lower - and moderate-income 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.

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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 119
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.
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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 121
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.
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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. 123
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:
124
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. 125
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.
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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, 127
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. 128
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 129
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 130
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. 131
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 132
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.
133
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.
134
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

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 135
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. 136
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 137
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.
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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 139
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.

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. 140
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.
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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 142
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. 143
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.
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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), 145
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 146
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 147
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.
148
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:
149
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). 150
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.
151
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. 152
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.
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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 24, 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. Adopt second reading of amended Ordinance.

FISCAL IMPACT OF RECOMMENDATION:

There are no direct fiscal impacts associated with this item.

EXECUTIVE SUMMARY:

This ordinance amendment updates Zoning Code provisions for family daycare homes and supportive housing. Family day care homes are homes that regularly care for 14 or fewer children in the provider’s own home. All types of day care require a license from the state Department of Social Services that includes restrictions on the number of children per staff and periodic inspection of the physical facility. The code revisions were drafted in response to a letter from the Child Care Law Center, a non-profit advocacy organization, which pointed out a conflict in the City’s code with a state law that took effect on January 1, 2020. This law deleted language allowing agencies to impose “reasonable requirements” for large family daycare homes and requires that all family daycare homes licensed by the state, large and small, be treated as a by-right, residential use of the property. This means that the City may not require a separate Planning permit for state-licensed family daycare uses.

This item also addresses an issue identified by staff regarding supportive housing, which is permanent rental housing linked to a range of support services designed to enable residents 154

2 to maintain stable housing and lead fuller lives. By state law, supportive housing must be permitted as a residential use and be subject only to those restrictions that apply to other residential dwellings of the same type in the same zone. This ordinance would remove the current requirement for supportive housing developments to obtain an Administrativ e or Conditional Use Permit in zones where multifamily and mixed-use are permitted.

The City Council approved the first reading of this ordinance on January 10, 2023.

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, 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. 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 requirement for CEQA analysis and removing the requirement for Conditional Use Authorization or other similar discretionary entitlements granted by the Planning Commission.

155

3 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 counties 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 as 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:

(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 156

4 family daycare provider resides, and includes a dwelling or dwelling unit that is r ented, 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 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” 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 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 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 caus ing a significant effect on the environment.

RECOMMENDATION:

Approve the proposed ordinance amendments, which, c onsistent with state law requirements, generally accomplish the following:
157

5  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 obtain 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

158
Ordinance No.

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Hercules City CouncilJanuary 24, 2023

Hercules City Council
January 24, 2023