CITY OF HUNTINGTON BEACH
2000 MAIN STREET, HUNTINGTON BEACH, CALIFORNIA 92648-2702
GRACEY VAN DER MARK
MAYOR
714.536.5553
May 8, 2024
The Honorable Nancy Skinner
California State Senate
1020 O Street, Rm 8630
Sacramento, CA 95829
Re: SB 1211 (Skinner)—Oppose
Dear Senator Skinner:
On behalf of the City of Huntington Beach, I write in opposition to SB 1211, which would require local agencies to ministerially permit additional detached accessory dwelling units (ADUs) on lots with an existing multifamily dwelling, and prohibit the imposition of parking, setback requirements, and height limitations on such projects.
The California State Legislature and Administration have made amendments to statutes and regulations to dramatically expand the allowances for ADUs in the state. ADUs have served as a positive housing resource for family, elderly and other residents at below-market rate in high-cost housing communities. Ministerial permitting was offered for typically small ADU projects undertaken by homeowners, inexperienced and not well-resourced, to participate in the permit development procedures.
However, large ADU projects on multifamily dwellings have more recently been undertaken by professional developers, namely for financial gain while still being under a ministerial process. Ironically, these large projects are prohibited from conforming to ordinances like parking and height requirements, and other enforcement authorities of local governments. Moreover, existing law already allows multifamily properties to add a number of ADUs equivalent to 25% of the number of units on the existing structure of the property.
SB 1211 would allow additional ADUs to be ministerially developed on multifamily dwellings on detached areas like parking lots, landscaping, and service areas. These projects would be completed, depending upon square footage, without permitting fees but added costs to local governments, and erodes the value of ADUs as truly “accessory. ”
For these reasons, the City of Huntington Beach opposes SB 1211.
Sincerely,
Gracey Van Der Mark
Mayor
Cc: Huntington Beach City Council
AMENDED IN SENATE MARCH 21, 2024
SENATE BILL No. 1211
Introduced by Senator Skinner
February 15, 2024
An act to amend Section 65852.2 of the Government Code, relating to land use.
legislative counsel’s digest
SB 1211, as amended, Skinner. Land use: accessory dwelling units:
ministerial approval.
Existing law, the Planning and Zoning Law, authorizes a local agency, by ordinance, to pro vide for the creation of accessory dwelling units (ADUs) in areas zoned for residential use, as specified. Existing la w requires ministerial approval of accessory dwelling units, as specified, if the local agenc y does not adopt an ordinance go verning accessory dwelling units, as described. Under existing law, a local agency is also required to ministerially appro ve an application for a b uilding permit within a residential or mix ed-use zone to create an y of specified variations of accessory dwelling units. Existing law imposes various requirements and restrictions on a local agency in connection with the ministerial approval of an application for a b uilding permit for an accessory dwelling unit under these specified variations, including prohibiting a local a gency fr om r equiring the corr ection of nonconforming zoning conditions as a condition of appr oval of the permit.
This bill, in connection with the ministerial appr oval of a b uilding permit for an accessory dwelling unit under one of the above-described variations, would additionally prohibit a local agency from requiring the replacement of parking spaces when a carport, co vered parking
98 structure, or unco vered parking space is demolished in conjunction with the construction of or conversion to an accessory dwelling unit.
Under e xisting la w, one of those the abo ve-described v ariations requires a local agenc y to ministerially appro ve multiple accessory dwelling units within the portion of e xisting multif amily dwelling structures that are not used as li vable space, as described, if each unit complies with state b uilding standards for dwellings. Existing la w requires a local agency to allow at least one of those accessory dwelling units within an existing multifamily dwelling and allow up to 25% of the e xisting multif amily dwelling units (inside dwelling ADU requirements).
Under e xisting la w, another v ariation requires a local agenc y to ministerially approve not more than 2 accessory dwelling units that are located on a lot that has an existing or proposed multifamily dwelling, but are detached from that dwelling, and are subject to a height limitation and rear yard and side setbacks, as specified (detached ADU requirements).
For purposes of the detached ADU requirements, this bill w ould prohibit a local agency from requiring the replacement of parking spaces when a carport, covered parking structure, or uncovered parking space is demolished in conjunction with the construction of or conversion to an accessory dwelling unit. The bill would also, for purposes of those detached ADU requirements, require a local agency to instead allow 2 detached, new construction accessory dwelling units and allo w up to 25% of the existing multifamily dwelling units. The bill would specify that the number of accessory dwelling units allo wed under the inside dwelling ADU requirements counts towards the maximum number of accessory dwelling units allowed under the detached ADU requirements.
The bill would make conforming changes.
This bill would r evise and r ecast the inside dwelling ADU requirements and detac hed ADU r equirements described abo ve to instead require the ministerial approval of multiple accessory dwelling units that ar e located on a lot that has an e xisting or pr oposed multifamily dwelling, as specified. Under this variation, the bill would authorize detached or attached accessory dwelling units in an amount equal to one or 25% of the e xisting multifamily dwelling units on the lot, whichever is greater. The bill would additionally authorize under these provisions 2 detached accessory dwelling units on a lot with an existing or pr oposed multifamily dwelling , subject to the height limitations and setback requirements described above.
98 — 2 — SB 1211
By imposing ne w duties on local go vernments with respect to the approval of accessory dwelling units, the bill w ould impose a state-mandated local program.
The California Constitution requires the state to reimb urse local agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 65852.2 of the Government Code is line 2 amended to read:
line 3 65852.2. (a) (1) A local agency may, by ordinance, pro vide line 4 for the creation of accessory dwelling units in areas zoned to allow line 5 single-family or multif amily dwelling residential use. The line 6 ordinance shall do all of the following:
line 7 (A) Designate areas within the jurisdiction of the local agency line 8 where accessory dwelling units may be permitted. The designation line 9 of areas may be based on the adequacy of water and sewer services line 10 and the impact of accessory dwelling units on traffic flo w and line 11 public safety. A local agency that does not provide water or sewer line 12 services shall consult with the local water or sewer service provider line 13 regarding the adequac y of w ater and se wer services before line 14 designating an area where accessory dwelling units may be line 15 permitted.
line 16 (B) (i) Impose objective standards on accessory dwelling units line 17 that include, b ut are not limited to, parking, height, setback, line 18 landscape, architectural re view, maximum size of a unit, and line 19 standards that prevent adverse impacts on an y real property that line 20 is listed in the California Register of Historical Resources. These line 21 standards shall not include requirements on minimum lot size. line 22 (ii) Notwithstanding clause (i), a local agenc y may reduce or line 23 eliminate parking requirements for an y accessory dwelling unit line 24 located within its jurisdiction.
line 25 (C) Provide that accessory dwelling units do not e xceed the line 26 allowable density for the lot upon which the accessory dwelling line 27 unit is located, and that accessory dwelling units are a residential 98 SB 1211 — 3 —
line 1 use that is consistent with the e xisting general plan and zoning line 2 designation for the lot.
line 3 (D) Require the accessory dwelling units to comply with all of line 4 the following:
line 5 (i) Except as provided in Section 65852.26 and paragraph (10) line 6 of this subdi vision, an accessory dwelling unit may be rented line 7 separate from the primary residence, b ut shall not be sold or line 8 otherwise conveyed separate from the primary residence. line 9 (ii) The lot is zoned to allo w single-f amily or multif amily line 10 dwelling residential use and includes a proposed or e xisting line 11 dwelling.
line 12 (iii) The accessory dwelling unit is either attached to, or located line 13 within, the proposed or e xisting primary dwelling, including line 14 attached garages, storage areas or similar uses, or an accessory line 15 structure or detached from the proposed or e xisting primary line 16 dwelling and located on the same lot as the proposed or e xisting line 17 primary dwelling, including detached garages.
line 18 (iv) If there is an existing primary dwelling, the total floor area line 19 of an attached accessory dwelling unit shall not exceed 50 percent line 20 of the existing primary dwelling.
line 21 (v) The total floor area for a detached accessory dwelling unit line 22 shall not exceed 1,200 square feet.
line 23 (vi) No passageway shall be required in conjunction with the line 24 construction of an accessory dwelling unit.
line 25 (vii) No setback shall be required for an existing living area or line 26 accessory structure or a structure constructed in the same location line 27 and to the same dimensions as an e xisting structure that is line 28 converted to an accessory dwelling unit or to a portion of an line 29 accessory dwelling unit, and a setback of no more than four feet line 30 from the side and rear lot lines shall be required for an accessory line 31 dwelling unit that is not converted from an existing structure or a line 32 new structure constructed in the same location and to the same line 33 dimensions as an existing structure.
line 34 (viii) Local building code requirements that apply to detached line 35 dwellings, except that the construction of an accessory dwelling line 36 unit shall not constitute a Group R occupanc y change under the line 37 local building code, as described in Section 310 of the California line 38 Building Code (Title 24 of the California Code of Re gulations), line 39 unless the b uilding official or enforcement agenc y of the local line 40 agency makes a written finding based on substantial e vidence in 98 — 4 — SB 1211
line 1 the record that the construction of the accessory dwelling unit line 2 could have a specific, adverse impact on public health and safety. line 3 Nothing in this clause shall be interpreted to prevent a local agency line 4 from changing the occupancy code of a space that was unhabitable line 5 space or w as only permitted for nonresidential use and w as line 6 subsequently converted for residential use pursuant to this section. line 7 (ix) Approval by the local health officer where a private sewage line 8 disposal system is being used, if required.
line 9 (x) (I) Parking requirements for accessory dwelling units shall line 10 not exceed one parking space per accessory dwelling unit or per line 11 bedroom, whiche ver is less. These spaces may be pro vided as line 12 tandem parking on a driveway.
line 13 (II) Offstreet parking shall be permitted in setback areas in line 14 locations determined by the local agenc y or through tandem line 15 parking, unless specific findings are made that parking in setback line 16 areas or tandem parking is not feasible based upon specific site or line 17 regional topographical or fire and life safety conditions. line 18 (III) This clause shall not apply to an accessory dwelling unit line 19 that is described in subdivision (d).
line 20 (xi) When a g arage, carport, or co vered parking structure is line 21 demolished in conjunction with the construction of an accessory line 22 dwelling unit or converted to an accessory dwelling unit, the local line 23 agency shall not require that those of fstreet parking spaces be line 24 replaced.
line 25 (xii) Accessory dwelling units shall not be required to provide line 26 fire sprinklers if they are not required for the primary residence. line 27 The construction of an accessory dwelling unit shall not trigger a line 28 requirement for fire sprinklers to be installed in the existing primary line 29 dwelling.
line 30 (2) The ordinance shall not be considered in the application of line 31 any local ordinance, policy, or program to limit residential growth. line 32 (3) (A) A permit application for an accessory dwelling unit or line 33 a junior accessory dwelling unit shall be considered and approved line 34 ministerially without discretionary re view or a hearing, line 35 notwithstanding Section 65901 or 65906 or an y local ordinance line 36 regulating the issuance of v ariances or special use permits. The line 37 permitting agency shall either approve or deny the application to line 38 create or serv e an accessory dwelling unit or a junior accessory line 39 dwelling unit within 60 days from the date the permitting agency line 40 receives a completed application if there is an e xisting 98 SB 1211 — 5 —
line 1 single-family or multif amily dwelling on the lot. If the permit line 2 application to create or serve an accessory dwelling unit or a junior line 3 accessory dwelling unit is submitted with a permit application to line 4 create a new single-family or multifamily dwelling on the lot, the line 5 permitting agenc y may delay appro ving or den ying the permit line 6 application for the accessory dwelling unit or the junior accessory line 7 dwelling unit until the permitting agenc y approves or denies the line 8 permit application to create the new single-family or multifamily line 9 dwelling, b ut the application to create or serv e the accessory line 10 dwelling unit or junior accessory dwelling unit shall be considered line 11 without discretionary review or hearing. If the applicant requests line 12 a delay, the 60-day time period shall be tolled for the period of the line 13 delay. If the local agency has not approved or denied the completed line 14 application within 60 days, the application shall be deemed line 15 approved. A local agenc y may char ge a fee to reimb urse it for line 16 costs incurred to implement this paragraph, including the costs of line 17 adopting or amending any ordinance that provides for the creation line 18 of an accessory dwelling unit.
line 19 (B) If a permitting agency denies an application for an accessory line 20 dwelling unit or junior accessory dwelling unit pursuant to line 21 subparagraph (A), the permitting agenc y shall, within the time line 22 period described in subparagraph (A), return in writing a full set line 23 of comments to the applicant with a list of items that are defective line 24 or deficient and a description of ho w the application can be line 25 remedied by the applicant.
line 26 (4) The ordinance shall require that a demolition permit for a line 27 detached garage that is to be replaced with an accessory dwelling line 28 unit be reviewed with the application for the accessory dwelling line 29 unit and issued at the same time.
line 30 (5) The ordinance shall not require, and the applicant shall not line 31 be otherwise required, to provide written notice or post a placard line 32 for the demolition of a detached garage that is to be replaced with line 33 an accessory dwelling unit, unless the property is located within line 34 an architecturally and historically significant historic district. line 35 (6) An existing ordinance governing the creation of an accessory line 36 dwelling unit by a local agency or an accessory dwelling ordinance line 37 adopted by a local agency shall provide an approval process that line 38 includes only ministerial provisions for the approval of accessory line 39 dwelling units and shall not include an y discretionary processes, line 40 provisions, or requirements for those units, e xcept as otherwise 98 — 6 — SB 1211
line 1 provided in this subdi vision. If a local agenc y has an e xisting line 2 accessory dwelling unit ordinance that f ails to meet the line 3 requirements of this subdivision, that ordinance shall be null and line 4 void and that agency shall thereafter apply the standards established line 5 in this subdi vision for the appro val of accessory dwelling units, line 6 unless and until the agency adopts an ordinance that complies with line 7 this section.
line 8 (7) No other local ordinance, policy, or regulation shall be the line 9 basis for the delay or denial of a b uilding permit or a use permit line 10 under this subdivision.
line 11 (8) This subdivision establishes the maximum standards that line 12 local agencies shall use to evaluate a proposed accessory dwelling line 13 unit on a lot that includes a proposed or e xisting single-family line 14 dwelling. No additional standards, other than those pro vided in line 15 this subdi vision, shall be used or imposed, including an line 16 owner-occupant requirement, e xcept that a local agenc y may line 17 require that the property may be used for rentals of terms 30 days line 18 or longer.
line 19 (9) A local agency may amend its zoning ordinance or general line 20 plan to incorporate the policies, procedures, or other pro visions line 21 applicable to the creation of an accessory dwelling unit if these line 22 provisions are consistent with the limitations of this subdivision. line 23 (10) In addition to the requirement that a local agency allow the line 24 separate sale or conveyance of an accessory dwelling unit pursuant line 25 to Section 65852.26, a local agenc y may also adopt a local line 26 ordinance to allow the separate conveyance of the primary dwelling line 27 unit and accessory dwelling unit or units as condominiums. Any line 28 such ordinance shall include all of the following requirements:
line 29 (A) The condominiums shall be created pursuant to the line 30 Davis-Stirling Common Interest De velopment Act (P art 5 line 31 (commencing with Section 4000) of Division 4 of the Civil Code). line 32 (B) The condominiums shall be created in conformance with line 33 all applicable objective requirements of the Subdivision Map Act line 34 (Division 2 (commencing with Section 66410)) and all objecti ve line 35 requirements of a local subdivision ordinance.
line 36 (C) Before recordation of the condominium plan, a safety line 37 inspection of the accessory dwelling unit shall be conducted as line 38 evidenced either through a certificate of occupancy from the local line 39 agency or a housing quality standards report from a b uilding 98 SB 1211 — 7 —
line 1 inspector certified by the United States Department of Housing line 2 and Urban Development.
line 3 (D) (i) Neither a subdivision map nor a condominium plan shall line 4 be recorded with the county recorder in the county where the real line 5 property is located without each lienholder’ s consent. The line 6 following shall apply to the consent of a lienholder:
line 7 (I) A lienholder may refuse to give consent.
line 8 (II) A lienholder may consent pro vided that an y terms and line 9 conditions required by the lienholder are satisfied. line 10 (ii) Prior to recordation of the initial or an y subsequent line 11 modifications to the condominium plan, written e vidence of the line 12 lienholder’s consent shall be provided to the county recorder along line 13 with a signed statement from each lienholder that states as follows:
line 14
line 15 “(Name of lienholder) hereby consents to the recording of this line 16 condominium plan in their sole and absolute discretion and the line 17 borrower has or will satisfy an y additional terms and conditions line 18 the lienholder may have.”
line 19
line 20 (iii) The lienholder’ s consent shall be included on the line 21 condominium plan or a separate form attached to the condominium line 22 plan that includes the following information:
line 23 (I) The lienholder’s signature.
line 24 (II) The name of the record owner or ground lessee. line 25 (III) The legal description of the real property. line 26 (IV) The identities of all parties with an interest in the real line 27 property as reflected in the real property records. line 28 (iv) The lienholder’s consent shall be recorded in the office of line 29 the county recorder of the county in which the real property is line 30 located.
line 31 (E) The local agenc y shall include the follo wing notice to line 32 consumers on any accessory dwelling or junior accessory dwelling line 33 unit submittal checklist or public information issued describing line 34 requirements and permitting for accessory dwelling units, including line 35 as standard condition of an y accessory dwelling unit b uilding line 36 permit or condominium plan approval:
line 37
line 38 “NOTICE: If you are considering establishing your primary line 39 dwelling unit and accessory dwelling unit as a condominium, line 40 please ensure that your b uilding permitting agenc y allo ws this 98 — 8 — SB 1211
line 1 practice. If you decide to establish your primary dwelling unit and line 2 accessory dwelling unit as a condominium, your condominium line 3 plan or an y future modifications to the condominium plan must line 4 be recorded with the County Recorder . Prior to recordation or line 5 modification of your subdivision map and condominium plan, any line 6 lienholder with a lien on your title must provide a form of written line 7 consent either on the condominium plan, or on the lienholder’ s line 8 consent form attached to the condominium plan, with te xt that line 9 clearly states that the lender appro ves recordation of the line 10 condominium plan and that you ha ve satisfied their terms and line 11 conditions, if any.
line 12 In order to secure lender consent, you may be required to follow line 13 additional lender requirements, which may include, b ut are not line 14 limited to, one or more of the following:
line 15 (a) Paying off your current lender.
line 16 You may pay of f your mortg age and an y liens through a line 17 refinance or a new loan. Be aware that refinancing or using a new line 18 loan may result in changes to your interest rate or tax basis. Also, line 19 be aware that an y subsequent modification to your subdi vision line 20 map or condominium plan must also be consented to by your line 21 lender, which consent may be denied.
line 22 (b) Securing your lender’s approval of a modification to their line 23 loan collateral due to the change of your current property le gal line 24 description into one or more condominium parcels. line 25 (c) Securing your lender’ s consent to the details of an y line 26 construction loan or ground lease.
line 27 This may include a cop y of the impro vement contract entered line 28 in good faith with a licensed contractor, evidence that the record line 29 owner or ground lessee has the funds to complete the work, and a line 30 signed statement made by the record owner or ground lessor that line 31 the information in the consent above is true and correct.” line 32
line 33 (F) If an accessory dwelling unit is established as a line 34 condominium, the local government shall require the homeowner line 35 to notify pro viders of utilities, including w ater, sewer, gas, and line 36 electricity, of the condominium creation and separate conveyance. line 37 (G) (i) The owner of a property or a separate interest within an line 38 existing planned development that has an existing association, as line 39 defined in Section 4080 of the Ci vil Code, shall not record a line 40 condominium plan to create a common interest development under 98 SB 1211 — 9 —
line 1 Section 4100 of the Ci vil Code without the e xpress written line 2 authorization by the existing association.
line 3 (ii) For purposes of this subparagraph, written authorization by line 4 the existing association means appro val by the board at a duly line 5 noticed board meeting, as defined in Section 4090 of the Ci vil line 6 Code, and if needed pursuant to the e xisting association’ s line 7 governing documents, membership appro val of the e xisting line 8 association.
line 9 (H) An accessory dwelling unit shall be sold or otherwise line 10 conveyed separate from the primary residence only under the line 11 conditions outlined in this paragraph or pursuant to Section line 12 65852.26.
line 13 (11) An accessory dwelling unit that conforms to this line 14 subdivision shall be deemed to be an accessory use or an accessory line 15 building and shall not be considered to exceed the allowable density line 16 for the lot upon which it is located, and shall be deemed to be a line 17 residential use that is consistent with the existing general plan and line 18 zoning designations for the lot. The accessory dwelling unit shall line 19 not be considered in the application of any local ordinance, policy, line 20 or program to limit residential growth.
line 21 (b) (1) When a local agency that has not adopted an ordinance line 22 governing accessory dwelling units in accordance with subdivision line 23 (a) recei ves an application for a permit to create or serv e an line 24 accessory dwelling unit pursuant to this subdi vision, the local line 25 agency shall approve or disapprove the application ministerially line 26 without discretionary re view pursuant to subdi vision (a). The line 27 permitting agency shall either approve or deny the application to line 28 create or serv e an accessory dwelling unit or a junior accessory line 29 dwelling unit within 60 days from the date the permitting agency line 30 receives a completed application if there is an e xisting line 31 single-family or multif amily dwelling on the lot. If the permit line 32 application to create or serve an accessory dwelling unit or a junior line 33 accessory dwelling unit is submitted with a permit application to line 34 create or serve a new single-family or multifamily dwelling on the line 35 lot, the permitting agenc y may delay appro ving or den ying the line 36 permit application for the accessory dwelling unit or the junior line 37 accessory dwelling unit until the permitting agenc y approves or line 38 denies the permit application to create or serv e the ne w line 39 single-family or multifamily dwelling, but the application to create line 40 or serve the accessory dwelling unit or junior accessory dwelling 98 — 10 — SB 1211
line 1 unit shall still be considered ministerially without discretionary line 2 review or a hearing. If the applicant requests a delay , the 60-day line 3 time period shall be tolled for the period of the delay. If the local line 4 agency has not appro ved or denied the completed application line 5 within 60 days, the application shall be deemed approved. line 6 (2) If a permitting agency denies an application for an accessory line 7 dwelling unit or junior accessory dwelling unit pursuant to line 8 paragraph (1), the permitting agency shall, within the time period line 9 described in paragraph (1), return in writing a full set of comments line 10 to the applicant with a list of items that are defecti ve or deficient line 11 and a description of ho w the application can be remedied by the line 12 applicant.
line 13 (c) (1) Subject to paragraph (2), a local agenc y may establish line 14 minimum and maximum unit size requirements for both attached line 15 and detached accessory dwelling units.
line 16 (2) Notwithstanding paragraph (1), a local agenc y shall not line 17 establish by ordinance any of the following:
line 18 (A) A minimum square footage requirement for either an line 19 attached or detached accessory dwelling unit that prohibits an line 20 efficiency unit.
line 21 (B) A maximum square footage requirement for either an line 22 attached or detached accessory dwelling unit that is less than either line 23 of the following:
line 24 (i) 850 square feet.
line 25 (ii) 1,000 square feet for an accessory dwelling unit that provides line 26 more than one bedroom.
line 27 (C) Any requirement for a zoning clearance or separate zoning line 28 review or any other minimum or maximum size for an accessory line 29 dwelling unit, size based upon a percentage of the proposed or line 30 existing primary dwelling, or limits on lot co verage, floor area line 31 ratio, open space, front setbacks, and minimum lot size, for either line 32 attached or detached dwellings that does not permit at least an 800 line 33 square foot accessory dwelling unit with four -foot side and rear line 34 yard setbacks to be constructed in compliance with all other local line 35 development standards.
line 36 (D) Any height limitation that does not allo w at least the line 37 following, as applicable:
line 38 (i) A height of 16 feet for a detached accessory dwelling unit line 39 on a lot with an existing or proposed single family or multifamily line 40 dwelling unit.
98 SB 1211 — 11 —
line 1 (ii) A height of 18 feet for a detached accessory dwelling unit line 2 on a lot with an existing or proposed single family or multifamily line 3 dwelling unit that is within one-half of one mile walking distance line 4 of a major transit stop or a high-quality transit corridor , as those line 5 terms are defined in Section 21155 of the Public Resources Code. line 6 A local agency shall also allow an additional two feet in height to line 7 accommodate a roof pitch on the accessory dwelling unit that is line 8 aligned with the roof pitch of the primary dwelling unit. line 9 (iii) A height of 18 feet for a detached accessory dwelling unit line 10 on a lot with an e xisting or proposed multif amily, multistory line 11 dwelling.
line 12 (iv) A height of 25 feet or the height limitation in the local line 13 zoning ordinance that applies to the primary dwelling, whichever line 14 is lower, for an accessory dwelling unit that is attached to a primary line 15 dwelling. This clause shall not require a local agency to allow an line 16 accessory dwelling unit to exceed two stories.
line 17 (d) Notwithstanding any other law, and whether or not the local line 18 agency has adopted an ordinance go verning accessory dwelling line 19 units in accordance with subdivision (a), all of the following shall line 20 apply:
line 21 (1) The local agency shall not impose any parking standards for line 22 an accessory dwelling unit in any of the following instances:
line 23 (A) Where the accessory dwelling unit is located within one-half line 24 mile walking distance of public transit.
line 25 (B) Where the accessory dwelling unit is located within an line 26 architecturally and historically significant historic district. line 27 (C) Where the accessory dwelling unit is part of the proposed line 28 or existing primary residence or an accessory structure. line 29 (D) When onstreet parking permits are required but not offered line 30 to the occupant of the accessory dwelling unit. line 31 (E) When there is a car share vehicle located within one block line 32 of the accessory dwelling unit.
line 33 (F) When a permit application for an accessory dwelling unit line 34 is submitted with a permit application to create a new single-family line 35 dwelling or a new multifamily dwelling on the same lot, provided line 36 that the accessory dwelling unit or the parcel satisfies an y other line 37 criteria listed in this paragraph.
line 38 (2) The local agency shall not deny an application for a permit line 39 to create an accessory dwelling unit due to the correction of line 40 nonconforming zoning conditions, b uilding code violations, or 98 — 12 — SB 1211
line 1 unpermitted structures that do not present a threat to public health line 2 and safety and are not affected by the construction of the accessory line 3 dwelling unit.
line 4 (e) (1) Notwithstanding subdi visions (a) to (d), inclusi ve, a line 5 local agenc y shall ministerially appro ve an application for a line 6 building permit within a residential or mix ed-use zone to create line 7 any of the following:
line 8 (A) One accessory dwelling unit and one junior accessory line 9 dwelling unit per lot with a proposed or e xisting single-family line 10 dwelling if all of the following apply:
line 11 (i) The accessory dwelling unit or junior accessory dwelling line 12 unit is within the proposed space of a single-f amily dwelling or line 13 existing space of a single-f amily dwelling or accessory structure line 14 and may include an e xpansion of not more than 150 square feet line 15 beyond the same ph ysical dimensions as the e xisting accessory line 16 structure. An expansion beyond the ph ysical dimensions of the line 17 existing accessory structure shall be limited to accommodating line 18 ingress and egress.
line 19 (ii) The space has exterior access from the proposed or existing line 20 single-family dwelling.
line 21 (iii) The side and rear setbacks are sufficient for fire and safety. line 22 (iv) The junior accessory dwelling unit complies with the line 23 requirements of Section 65852.22.
line 24 (B) One detached, ne w construction, accessory dwelling unit line 25 that does not exceed four-foot side and rear yard setbacks for a lot line 26 with a proposed or existing single-family dwelling. The accessory line 27 dwelling unit may be combined with a junior accessory dwelling line 28 unit described in subparagraph (A). A local agency may impose line 29 the following conditions on the accessory dwelling unit:
line 30 (i) A total floor area limitation of not more than 800 square feet. line 31 (ii) A height limitation as provided in clause (i), (ii), or (iii) as line 32 applicable, of subparagraph (D) of paragraph (2) of subdi vision line 33 (c).
line 34 (C) (i) Multiple accessory dwelling units within that are located line 35 on a lot that has an e xisting or pr oposed multifamily dwelling , line 36 under the following conditions:
line 37 (i) (I) As calculated pur suant to subclause (II), multiple line 38 accessory dwelling units detached from or within the portions of line 39 existing multifamily dwelling structures that are not used as livable line 40 space, including, but not limited to, storage rooms, boiler rooms, 98 SB 1211 — 13 —
line 1 passageways, attics, basements, or garages, if each unit complies line 2 with state building standards for dwellings.
line 3 (ii) A local agency shall allow at least one accessory dwelling line 4 unit within an existing multifamily dwelling and shall allow up to line 5 25 percent of the existing multifamily dwelling units. The number line 6 of accessory dwelling units allowed under subparagraph (D) shall line 7 count towards the maximum number of accessory dwelling units line 8 allowed under this subparagraph.
line 9 (II) The number of accessory dwelling units allowed by a local line 10 agency under this clause shall be the greater of one or 25 percent line 11 of the existing multifamily dwelling units on the lot. line 12 (D) (i) Multiple
line 13 (ii) (I) In addition to the accessory dwelling units allowed under line 14 clause (i), a local agency shall also allow two accessory dwelling line 15 units that are located on a lot that has an e xisting or proposed line 16 multifamily dwelling, but that are detached from that multifamily line 17 dwelling and that are dwelling.
line 18 (II) Detached accessory dwelling units allowed pursuant to this line 19 subparagraph shall be subject to a height limitation in clause (i), line 20 (ii), or (iii), as applicable, of subparagraph (D) of paragraph (2) line 21 of subdivision (c) and rear yard and side setbacks of no more than line 22 four feet.
line 23 (ii) A local agenc y shall allo w at least tw o detached, ne w line 24 construction, accessory dwelling units pursuant to this line 25 subparagraph and shall allo w up to 25 percent of the e xisting line 26 multifamily dwelling units. The number of accessory dwelling line 27 units allo wed under subparagraph (C) shall count to wards the line 28 maximum number of accessory dwelling units allowed under this line 29 subparagraph.
line 30 (iii) If the e xisting multif amily dwelling has a rear or side line 31 setback of less than four feet, the local agenc y shall not require line 32 any modification of the e xisting multif amily dwelling as a line 33 condition of approving the application to construct an accessory line 34 dwelling unit that satisfies the requirements of this subparagraph. line 35 (iv) When a carport, co vered parking structure, or unco vered line 36 parking space is demolished in conjunction with the construction line 37 of an accessory dwelling unit or converted to an accessory dwelling line 38 unit, the local agency shall not require that those offstreet parking line 39 spaces be replaced.
98 — 14 — SB 1211
line 1 (2) A local agency shall not require, as a condition for ministerial line 2 approval of a permit application for the creation of an accessory line 3 dwelling unit or a junior accessory dwelling unit, the correction line 4 of nonconforming zoning conditions.
line 5 (3) The installation of fire sprinklers shall not be required in an line 6 accessory dwelling unit if sprinklers are not required for the line 7 primary residence. The construction of an accessory dwelling unit line 8 shall not trigger a requirement for fire sprinklers to be installed in line 9 the existing multifamily dwelling.
line 10 (4) A local agency shall require that a rental of the accessory line 11 dwelling unit created pursuant to this subdi vision be for a term line 12 longer than 30 days.
line 13 (5) A local agency may require, as part of the application for a line 14 permit to create an accessory dwelling unit connected to an onsite line 15 wastewater treatment system, a percolation test completed within line 16 the last five years, or, if the percolation test has been recertified, line 17 within the last 10 years.
line 18 (6) Notwithstanding subdivision (c) and paragraph (1) a local line 19 agency that has adopted an ordinance by July 1, 2018, pro viding line 20 for the appro val of accessory dwelling units in multif amily line 21 dwelling structures shall ministerially consider a permit application line 22 to construct an accessory dwelling unit that is described in line 23 paragraph (1), and may impose objective standards including, but line 24 not limited to, design, development, and historic standards on said line 25 accessory dwelling units. These standards shall not include line 26 requirements on minimum lot size.
line 27 (7) When a carport, co vered parking structur e, or unco vered line 28 parking space is demolished in conjunction with the construction line 29 of an accessory dwelling unit or is con verted to an accessory line 30 dwelling unit, the local agency shall not require that those offstreet line 31 parking spaces be replaced.
line 32 (f) (1) Fees charged for the construction of accessory dwelling line 33 units shall be determined in accordance with Chapter 5 line 34 (commencing with Section 66000) and Chapter 7 (commencing line 35 with Section 66012).
line 36 (2) An accessory dwelling unit shall not be considered by a line 37 local agency, special district, or w ater corporation to be a ne w line 38 residential use for purposes of calculating connection fees or line 39 capacity charges for utilities, including w ater and sewer service, 98 SB 1211 — 15 —
line 1 unless the accessory dwelling unit w as constructed with a ne w line 2 single-family dwelling.
line 3 (3) (A) A local agenc y, special district, or w ater corporation line 4 shall not impose an y impact fee upon the de velopment of an line 5 accessory dwelling unit less than 750 square feet. Any impact fees line 6 charged for an accessory dwelling unit of 750 square feet or more line 7 shall be charged proportionately in relation to the square footage line 8 of the primary dwelling unit.
line 9 (B) For purposes of this paragraph, “impact fee” has the same line 10 meaning as the term “fee” is defined in subdivision (b) of Section line 11 66000, except that it also includes fees specified in Section 66477. line 12 “Impact fee” does not include an y connection fee or capacity line 13 charge char ged by a local agenc y, special district, or w ater line 14 corporation.
line 15 (4) For an accessory dwelling unit described in subparagraph line 16 (A) of paragraph (1) of subdi vision (e), a local agenc y, special line 17 district, or w ater corporation shall not require the applicant to line 18 install a ne w or separate utility connection directly between the line 19 accessory dwelling unit and the utility or impose a related line 20 connection fee or capacity charge, unless the accessory dwelling line 21 unit was constructed with a new single-family dwelling, or upon line 22 separate conveyance of the accessory dwelling unit pursuant to line 23 paragraph (10) of subdivision (a).
line 24 (5) For an accessory dwelling unit that is not described in line 25 subparagraph (A) of paragraph (1) of subdi vision (e), a local line 26 agency, special district, or w ater corporation may require a ne w line 27 or separate utility connection directly between the accessory line 28 dwelling unit and the utility . Consistent with Section 66013, the line 29 connection may be subject to a connection fee or capacity charge line 30 that shall be proportionate to the burden of the proposed accessory line 31 dwelling unit, based upon either its square feet or the number of line 32 its drainage fixture unit (DFU) values, as defined in the Uniform line 33 Plumbing Code adopted and published by the International line 34 Association of Plumbing and Mechanical Officials, upon the water line 35 or sewer system. This fee or charge shall not exceed the reasonable line 36 cost of providing this service.
line 37 (g) This section shall supersede a conflicting local ordinance. line 38 This section does not limit the authority of local agencies to adopt line 39 less restricti ve requirements for the creation of an accessory line 40 dwelling unit.
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line 1 (h) (1) A local agenc y shall submit a cop y of the ordinance line 2 adopted pursuant to subdivision (a) to the Department of Housing line 3 and Community Development within 60 days after adoption. After line 4 adoption of an ordinance, the department may submit written line 5 findings to the local agency as to whether the ordinance complies line 6 with this section.
line 7 (2) (A) If the department finds that the local agency’s ordinance line 8 does not comply with this section, the department shall notify the line 9 local agency and shall provide the local agency with a reasonable line 10 time, no longer than 30 days, to respond to the findings before line 11 taking any other action authorized by this section. line 12 (B) The local agency shall consider the findings made by the line 13 department pursuant to subparagraph (A) and shall do one of the line 14 following:
line 15 (i) Amend the ordinance to comply with this section. line 16 (ii) Adopt the ordinance without changes. The local agenc y line 17 shall include findings in its resolution adopting the ordinance that line 18 explain the reasons the local agenc y believes that the ordinance line 19 complies with this section despite the findings of the department. line 20 (3) (A) If the local agenc y does not amend its ordinance in line 21 response to the department’s findings or does not adopt a resolution line 22 with findings explaining the reason the ordinance complies with line 23 this section and addressing the department’ s findings, the line 24 department shall notify the local agenc y and may notify the line 25 Attorney General that the local agency is in violation of state law. line 26 (B) Before notifying the Attorney General that the local agency line 27 is in violation of state law, the department may consider whether line 28 a local agency adopted an ordinance in compliance with this section line 29 between January 1, 2017, and January 1, 2020.
line 30 (i) The department may re view, adopt, amend, or repeal line 31 guidelines to implement uniform standards or criteria that line 32 supplement or clarify the terms, references, and standards set forth line 33 in this section. The guidelines adopted pursuant to this subdivision line 34 are not subject to Chapter 3.5 (commencing with Section 11340) line 35 of Part 1 of Division 3 of Title 2.
line 36 (j) As used in this section, the following terms mean:
line 37 (1) “Accessory dwelling unit” means an attached or a detached line 38 residential dwelling unit that provides complete independent living line 39 facilities for one or more persons and is located on a lot with a line 40 proposed or existing primary residence. It shall include permanent 98 SB 1211 — 17 —
line 1 provisions for living, sleeping, eating, cooking, and sanitation on line 2 the same parcel as the single-family or multifamily dwelling is or line 3 will be situated. An accessory dwelling unit also includes the line 4 following:
line 5 (A) An efficiency unit.
line 6 (B) A manufactured home, as defined in Section 18007 of the line 7 Health and Safety Code.
line 8 (2) “Accessory structure” means a structure that is accessory line 9 and incidental to a dwelling located on the same lot. line 10 (3) “Efficiency unit” has the same meaning as defined in Section line 11 17958.1 of the Health and Safety Code.
line 12 (4) “Living area” means the interior habitable area of a dwelling line 13 unit, including basements and attics, but does not include a garage line 14 or any accessory structure.
line 15 (5) “Local agency” means a city , county, or city and county , line 16 whether general law or chartered.
line 17 (6) “Nonconforming zoning condition” means a ph ysical line 18 improvement on a property that does not conform to current zoning line 19 standards.
line 20 (7) “Objective standards” means standards that in volve no line 21 personal or subjecti ve judgment by a public official and are line 22 uniformly v erifiable by reference to an e xternal and uniform line 23 benchmark or criterion a vailable and kno wable by both the line 24 development applicant or proponent and the public official prior line 25 to submittal.
line 26 (8) “Passageway” means a pathw ay that is unobstructed clear line 27 to the sky and extends from a street to one entrance of the accessory line 28 dwelling unit.
line 29 (9) “Permitting agency” means an y entity that is in volved in line 30 the review of a permit for an accessory dwelling unit or junior line 31 accessory dwelling unit and for which there is no substitute, line 32 including, b ut not limited to, applicable planning departments, line 33 building departments, utilities, and special districts. line 34 (10) “Proposed dwelling” means a dwelling that is the subject line 35 of a permit application and that meets the requirements for line 36 permitting.
line 37 (11) “Public transit” means a location, including, but not limited line 38 to, a bus stop or train station, where the public may access buses, line 39 trains, subways, and other forms of transportation that charge set line 40 fares, run on fixed routes, and are available to the public. 98 — 18 — SB 1211
line 1 (12) “Tandem parking” means that tw o or more automobiles line 2 are parked on a dri veway or in an y other location on a lot, lined line 3 up behind one another.
line 4 (k) A local agency shall not issue a certificate of occupancy for line 5 an accessory dwelling unit before the local agenc y issues a line 6 certificate of occupancy for the primary dwelling. line 7 (l) Nothing in this section shall be construed to supersede or in line 8 any way alter or lessen the effect or application of the California line 9 Coastal Act of 1976 (Di vision 20 (commencing with Section line 10 30000) of the Public Resources Code), e xcept that the local line 11 government shall not be required to hold public hearings for coastal line 12 development permit applications for accessory dwelling units. line 13 (m) A local agency may count an accessory dwelling unit for line 14 purposes of identifying adequate sites for housing, as specified in line 15 subdivision (a) of Section 65583.1, subject to authorization by the line 16 department and compliance with this division.
line 17 (n) In enforcing b uilding standards pursuant to Article 1 line 18 (commencing with Section 17960) of Chapter 5 of P art 1.5 of line 19 Division 13 of the Health and Safety Code for an accessory line 20 dwelling unit described in paragraph (1) or (2), a local agenc y, line 21 upon request of an owner of an accessory dwelling unit for a delay line 22 in enforcement, shall delay enforcement of a b uilding standard, line 23 subject to compliance with Section 17980.12 of the Health and line 24 Safety Code:
line 25 (1) The accessory dwelling unit w as b uilt before January 1, line 26 2020.
line 27 (2) The accessory dwelling unit w as built on or after January line 28 1, 2020, in a local jurisdiction that, at the time the accessory line 29 dwelling unit w as built, had a noncompliant accessory dwelling line 30 unit ordinance, b ut the ordinance is compliant at the time the line 31 request is made.
line 32 SEC. 2. No reimbursement is required by this act pursuant to line 33 Section 6 of Article XIIIB of the California Constitution because line 34 a local agency or school district has the authority to le vy service line 35 charges, fees, or assessments sufficient to pay for the program or line 36 level of service mandated by this act, within the meaning of Section line 37 17556 of the Government Code.
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