Agenda packet — Los Gatos City Council, November 7, 2023 (part 3 of 4)

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SUBJECT: ADU Ordinance Amendments/Town Code Amendment Application A-23-002 DATE: October 12, 2023
DISCUSSION (continued):

Sec. 29.10.320. General requirements and restrictions.

Parking: The Planning Commission recommended that parking requirements be eliminated for all ADUs and JADUs. The following language has been removed from the Draft Ordinance:
(f) Parking. One (1) parking space per accessory dwelling unit or per bedroom, whichever is less, shall be provided in addition to the required minimum number of parking spaces for the primary dwelling. These spaces may be provided in a front or side setback abutting a street on a driveway (provided that it is feasible based on specific site or fire and life safety conditions) or through tandem parking. In addition to parking otherwise required for units as set forth in section 29.10.150 of the Town Code, the number of off-street parking spaces required by this Chapter for the primary dwelling shall be provided prior to the issuance of a Building Permit or final inspection, for a new accessory dwelling unit. (1) Exceptions. No parking space shall be required under any of the following conditions:
a. No additional parking shall be required for a junior accessory dwelling unit. b. The accessory dwelling unit is located within one-half mile walking distance of public transit.
c. The accessory dwelling unit is located within an architecturally and historically significant historic district.
d. The accessory dwelling unit is contained within the proposed or existing space of, or constructed in substantially the same location and manner as, an existing primary dwelling or accessory structure.
e. When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit.
f. When there is a car share vehicle (as defined by the California Vehicle Code) located within one (1) block of the accessory dwelling unit. g. When a permit application for an accessory dwelling unit is submitted with a permit application to create a new single-family dwelling or multi-family dwelling on the same lot.
h. When a garage is demolished in conjunction with the construction of an accessory dwelling unit, or converted to an accessory dwelling unit, any lost off-street parking spaces required for the primary dwelling shall not be required to be replaced.
i. When the Director finds that the lot does not have adequate area to provide parking.

The language above has been replaced in the Draft Ordinance with the following, reflecting the Planning Commission’s recommendation:

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SUBJECT: ADU Ordinance Amendments/Town Code Amendment Application A-23-002 DATE: October 12, 2023
DISCUSSION (continued):
(f) Parking. No parking shall be required for a new accessory dwelling unit and/or junior accessory dwelling unit.

Design standards: The purposes of the objective design standards that are included in the Draft Ordinance are to ensure that the residential appearance of a property is maintained, protect the privacy of neighbors, and require that an ADU and/or JADU is compatible with the primary dwelling and the neighborhood. Upon further consideration after the Planning Commission hearing, staff recommends that the Council include the following additional objective design standards below to better achieve the purpose of maintaining the residential appearance of the property.

1. Outside stairways. Outside stairways serving a second-story accessory dwelling unit and/or junior accessory dwelling unit shall not be constructed on any building elevation facing a street. This standard shall not preclude construction of an 800 square-foot accessory dwelling unit.

2. Detached and/or attached accessory dwelling units. A detached and/or attached accessory dwelling unit shall match the existing architectural style of the primary dwelling by using the same exterior wall material, wainscot, trim material, roofing material, and window frames/trim as the primary dwelling. An exception to this requirement may be granted pursuant to the requirements of the California Code of Regulations, Title 24.

3. Attached garage conversion. An existing attached garage that is converted to an accessory dwelling unit and/or junior accessory dwelling unit shall include removal of the vehicle garage door(s), which shall be replaced with architectural features to match those of the primary dwelling by using the same exterior wall material, wainscot, trim material, roofing material, and window frames/trim as the primary dwelling to remove any appearance that the structure was originally a garage.

4. Detached garage conversion. An existing detached garage that is converted to an accessory dwelling unit shall include removal of the vehicle garage door(s), which shall be replaced with architectural features to match the remaining portions of the detached structure by using the same exterior wall material, wainscot, trim material, roofing material, and window frames/trim that remove any appearance that the structure was originally a garage.

Staff has incorporated the additional recommended objective design standards into the Draft Ordinance included as Attachment 1. If the Council would not like to include them, a separate Draft Ordinance has been prepared without the additional recommended objective design standards included as Attachment 2.

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SUBJECT: ADU Ordinance Amendments/Town Code Amendment Application A-23-002 DATE: October 12, 2023
PUBLIC OUTREACH:

Staff conducted outreach through the following media and social media resources, as well as direct communication with stakeholders as summarized below:
 The Town’s website home page, What’s New;
 The Town’s Facebook page;
 The Town’s Twitter account;
 The Town’s Instagram account;
 The Town’s NextDoor page; and
 Direct email communication to local architects and designers.

At the time of this report’s preparation, the Town has not received any public comment.

ENVIRONMENTAL ASSESSMENT:

The environmental impacts of the proposed amendments to the Town Code were analyzed in the Environmental Impact Report for the 2040 General Plan. In addition, the Proposed Amendments are Exempt Pursuant to CEQA, Section 15061(b)(3), because it can be seen with certainty that they will not significantly affect the physical environment in that they make minor changes to the regulations applicable to ADUs and JADUs.

CONCLUSION:

Staff recommends that the Town Council introduce the ordinance with the Planning Commission’s and staffs’ recommendations by taking the following steps:

1. Make the finding that the environmental impacts of the proposed amendments to the Town Code were analyzed in the Environmental Impact Report for the 2040 General Plan. In addition, the Proposed Amendments are Exempt Pursuant to CEQA, Section 15061(b)(3), because it can be seen with certainty that they will not significantly affect the physical environment in that they make minor changes to the regulations applicable to accessory dwelling units and junior accessory dwelling units (Attachment 1, Section VI);

2. Make the required finding that the amendments to Chapter 29 of the Town Code in the Draft Ordinance are consistent with the General Plan (Attachment 1, Section VII); and

3. Introduce an ordinance of the Town Council of the Town of Los Gatos, by title only, amending Chapter 29, “Zoning Regulations,” of the Town Code regarding accessory dwelling units. The proposed amendments also correct outdated references to sections of the Town Code included in sections pertaining to termination of nonconforming use status, requirements for a two-unit development under Senate Bill 9 (SB 9), and civil penalties (Attachment 1).

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SUBJECT: ADU Ordinance Amendments/Town Code Amendment Application A-23-002 DATE: October 12, 2023
ALTERNATIVES:

Alternatively, the Town Council may:

1. Introduce the ordinance with the Planning Commission’s recommendations and without staffs’ recommendations by taking the following steps:
a. Make the finding that the environmental impacts of the proposed amendments to the Town Code were analyzed in the Environmental Impact Report for the 2040 General Plan. In addition, the Proposed Amendments are Exempt Pursuant to CEQA, Section 15061(b)(3), because it can be seen with certainty that they will not significantly affect the physical environment in that they make minor changes to the regulations applicable to accessory dwelling units and junior accessory dwelling units (Attachment 2, Section VI);
b. Make the required finding that the amendments to Chapter 29 of the Town Code in the Draft Ordinance are consistent with the General Plan (Attachment 2, Section VII); and c.Introduce an ordinance of the Town Council of the Town of Los Gatos, by title only, amending Chapter 29, “Zoning Regulations,” of the Town Code regarding accessory dwelling units. The proposed amendments also correct outdated references to sections of the Town Code included in sections pertaining to termination of nonconforming use status, requirements for a two-unit development under Senate Bill 9 (SB 9), and civil penalties (Attachment 2); or

2. Continue this item to a date certain with specific direction to staff;

3. Refer this item back to the Planning Commission with specific direction; or

4. Take no action, leaving the Town Code unchanged.

Attachments:

1. Draft Ordinance including Planning Commission and staff recommendations

2. Draft Ordinance including Planning Commission recommendations only

3. September 13, 2023 Planning Commission Staff Report (with Exhibits 1-8)

4. September 13, 2023 Planning Commission Addendum

5. September 13, 2023 Planning Commission Verbatim Minutes

6. Updated Disposition of Current Ordinance

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DRAFT ORDINANCE

AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AMENDING CHAPTER 29, “ZONING REGULATIONS,” OF THE TOWN CODE

REGARDING ACCESSORY DWELLING UNITS AND CORRECTING OUTDATED

REFERENCES IN TOWN CODE SECTIONS PERTAINING TO TERMINATION

OF NONCONFORMING USE STATUS, REQUIREMENTS FOR A TWO-UNIT DEVELOPMENT UNDER SENATE BILL 9 (SB 9), AND CIVIL PENALTIES WHEREAS, from 2016 through 2022, the Governor signed a number of bills intended to address the State’s housing crisis by creating new housing opportunities through accessory dwelling units and junior accessory dwelling units; and WHEREAS, in 2017 and 2020, the Town updated the Town Code regarding accessory dwelling units and junior accessory dwelling units to comply with State laws; and WHEREAS, effective January 1, 2023, Senate Bill 897 and Assembly Bill 2221 amended Government Code Section 65852 to continue to address barriers to the development of accessory dwelling units and junior accessory dwelling units; and WHEREAS, these bills made substantial changes in the development standards applicable to accessory dwelling units and junior accessory dwelling units, including height, front yard setbacks, owner-occupancy, permit review time limits, and fire sprinklers; and WHEREAS, the Town Council of the Town of Los Gatos adopted the 2023-2031 Housing Element on January 30, 2023, which includes policies that promote accessory dwelling units as a means to increase access to opportunity for lower-income households by encouraging infill of smaller units in single-family neighborhoods (Policy HE-1.7); ensure that at least 30 percent of the housing stock is rental units and continue to support the development of ADUs as a means of affordable rental housing (Policy HE-2.4); and Encourage homeowners to construct detached rental ADUs in order to increase the housing stock of smaller rental units (Policy HE-2.6); and WHEREAS, the Town Council wishes to amend the Town Code to comply with State law and to implement Policies HE-1.7, HE-2.4, and HE-2.6 of the Town of Los Gatos 2023-2031 Housing Element; and
WHEREAS, the Town reviewed the changes in State law regarding accessory dwelling units and junior accessory dwelling units that have taken plan since the 2020 update to the Town Code and determined that a complete overhaul of the Town’s accessory dwelling units and junior accessory dwelling units regulations was necessary; and Draft Ordinance: subject to
modification by Town Council based
on deliberations and direction
ATTACHMENT 1

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WHEREAS, in drafting the revised accessory dwelling unit and junior accessory dwelling unit regulations, the Town considered changes in State law, feedback and clarification from the California Department of Housing and Community Development, and feedback from Town residents regarding privacy impacts caused by new accessory dwelling units on neighboring properties; and
WHEREAS, this matter was regularly noticed in conformance with State and Town law and came before the Planning Commission for public hearing on September 13, 2023; and WHEREAS, on September 13, 2023, the Planning Commission reviewed and commented on the proposed amendments regarding accessory dwelling units and forwarded a recommendation to the Town Council for approval of the proposed amendments with the recommendation that parking requirements for all accessory dwelling units be eliminated; and WHEREAS, this matter was regularly noticed in conformance with State and Town law and came before the Town Council for public hearing on November 7, 2023; and WHEREAS, on November 7, 2023, the Town Council reviewed and commented on the proposed amendments regarding accessory dwelling units and the Town Council voted to introduce the Ordinance.

NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Los Gatos as follows:

SECTION I. Division 7, “Accessory Dwelling Units,” of Chapter 29, “Zoning Regulations,” is replaced with the following:

DIVISION 7. ACCESSORY DWELLING UNITS
Sec. 29.10.305. Intent and authority.

This Division is adopted to comply with amendments to Government Code §§ 65852.2, 65852.22, 65852.23, and 65852.26, which mandate that applications for accessory dwelling units be considered ministerially without a public hearing; and sets Town standards for the development of accessory dwelling units in order to increase the supply of affordable housing in a manner that is compatible with existing neighborhoods.

Sec. 29.10.310. Definitions.

The following words, terms, and phrases, when used in these accessory dwelling unit regulations, shall have the meanings ascribed to them in this section:

Accessory dwelling unit means a detached or attached residential dwelling unit that is located on the same parcel as a proposed or existing primary dwelling. It shall provide complete independent living facilities for one or more persons with permanent provisions for living,

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sleeping, eating, cooking, and sanitation. An accessory dwelling unit also includes efficiency units and manufactured homes.
(1) A detached accessory dwelling unit is physically separate from a primary dwelling. (2) An attached accessory dwelling unit is contained within the space of and/or physically attached to a proposed or existing primary dwelling.

Efficiency kitchen means a limited kitchen that includes a cooking facility with appliances, a food preparation counter, and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit. Examples of cooking appliances that may be used are: microwave ovens, hot plates, and similar appliances intended for use on top of a countertop. Refrigerator size is not limited.

Efficiency unit has the meaning set forth in Section 17958.1 of the Health and Safety Code.

High-quality transit corridor has the meaning set forth in Section 21155 of the Public Resources Code.

Junior accessory dwelling unit means a dwelling unit that does not exceed a floor area of five hundred (500) square feet and is entirely contained within the space of a proposed or existing single-family residence. For the purposes of this definition, enclosed spaces within the singlefamily residence, such as attached garages, are considered a part of the proposed or existing single-family residence.

Kitchen means a cooking facility that includes a permanently installed cooking appliance, sink, refrigerator, food preparation counter, and storage cabinets that are of reasonable size in relation to the size of the dwelling unit.

Legal nonconforming zoning condition means a physical improvement on a property that was lawful when it was constructed but does not conform with current zoning standards.

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.

Major transit stop has the meaning set forth in Section 21155 of the Public Resources Code.

Manufactured home has the meaning set forth in Section 18007 of the Health and Safety Code.

Nonconforming accessory dwelling unit means a unit that exists under the following circumstances:
(1) A unit which was created or converted lawfully but, due to a zone change or an amendment to the zoning ordinance, became nonconforming; or (2) A unit which was created lawfully while within the County but, upon annexation to the Town, became nonconforming.

Objective design 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.

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Passageway means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit and/or junior accessory dwelling unit.

Proposed dwelling means a dwelling that is the subject of a permit application and that meets the requirements for permitting.

Public transit means a location, such as 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.

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.

Unpermitted accessory dwelling unit means a dwelling unit that was created through the construction of a new structure or expansion of an existing structure without the benefit of a Building Permit (at a time when a Building Permit was required) and that cannot be otherwise legalized because it does not comply with development standards provided in this Chapter.

Sec. 29.10.315. Review process.
(a) Development of an accessory dwelling unit and/or junior accessory dwelling unit consistent with this Division shall be reviewed ministerially as a Building Permit and the Town shall take final action within sixty (60) days of submittal of a complete application. (1) When an accessory dwelling unit and/or junior accessory dwelling unit is proposed in conjunction with a permit application to create a new single-family or multi-family dwelling, the Town shall not take final action on the accessory dwelling unit and/or junior accessory dwelling unit until the application for the new single-family or multifamily dwelling is approved. (2) The Town shall not issue a Certificate of Occupancy for an accessory dwelling and/or junior accessory dwelling unit before the Town issues a Certificate of Occupancy for the primary dwelling.
(b) Notification. The Town shall not require, and the applicant shall not be otherwise required to provide written notice or post a placard for construction of an accessory dwelling unit and/or junior accessory dwelling unit. No noticing shall be required 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. (c) Denial. An application may be denied if it does not meet the design and development standards. An application may also be denied if the following findings are made:
(1) Adverse impacts on health, safety, and/or welfare of the public. (d) Appeals. Accessory dwelling units and junior accessory dwelling units that are consistent with this Division are ministerial and are not subject to an appeal.

Sec. 29.10.320. General requirements and restrictions.
(a) Incentive program. Any accessory dwelling unit or junior accessory dwelling unit developed under an Incentive Program which may be established by Resolution of the Town Council

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shall be made affordable to eligible applicants pursuant to the requirements of the Incentive Program. A Deed Restriction shall be recorded specifying that the accessory dwelling unit or junior accessory dwelling unit shall be offered at a reduced rent that is affordable to a lower income renter (less than eighty (80) percent AMI) provided that the unit is occupied by someone other than a member of the household occupying the primary dwelling.
(b) Parcel requirements. An accessory dwelling unit and/or junior accessory dwelling unit may only be created on parcels satisfying all the following general requirements:
(1) Permitted zones. A parcel zoned to allow single-family or multi-family residential use. (2) Dwelling unit. A parcel that includes a proposed or existing primary dwelling. (c) Number. Accessory dwelling units and/or a junior accessory dwelling unit may be permitted on a residential parcel as follows:
(1) Single-family development. Not more than one (1) junior accessory dwelling unit contained within the space of a proposed or existing single-family dwelling, and one (1) accessory dwelling unit, may be permitted on a lot with a proposed or existing primary dwelling.
(2) Multi-family development. Not more than a number equal to twenty-five (25) percent of the existing multi-family dwelling units rounded-up to the next whole number, within the portions of an existing multi-family dwelling not used as livable space (such as storage rooms, boiler rooms, passageways, attics, basements, or garages), and two (2) detached accessory dwelling units, may be permitted on a lot with a proposed or existing multi-family dwelling.
(d) Floor area ratio (FAR) standards.
(1) Accessory dwelling units. Accessory dwelling units (attached or detached) are allowed a ten (10) percent increase in the floor area ratio standards for all structures, excluding garages. Exception: Up to eight hundred (800) square feet of gross floor area of an accessory dwelling unit shall be exempt from the applicable FAR standards. This subsection does not apply to junior accessory dwelling units. (2) Junior accessory dwelling units. Junior accessory dwelling units are subject to the floor area ratio standards for all structures, excluding garages. (e) Lot coverage. Accessory dwelling units and junior accessory dwelling units are exempt from the lot coverage standards applicable to the zone and the accessory structure lot coverage limitations included in Section 29.40.015 (A)(5).
(f) Parking. No parking shall be required for a new accessory dwelling unit and/or junior accessory dwelling unit.
(g) Design standards. The purpose of these objective design standards is to ensure that the residential appearance of a property is maintained and that an accessory dwelling unit and/or junior accessory dwelling unit are compatible with the primary dwelling and the neighborhood. The following objective design standards apply to the construction of an accessory dwelling unit and/or junior accessory dwelling unit:

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(1) Front entryway. A front entryway framing a front door shall have a roof eave that matches or connects at the level of the adjacent eave line. (2) Front porch. If proposed, front porches shall have a minimum depth of six (6) feet and a minimum width equal to twenty-five (25) percent of the linear width of the front elevation.
(3) Windows. All second-story windows less than ten (10) feet from rear and/or side property lines shall be clerestory with the bottom of the glass at least six (6) feet above the finished floor, except as necessary for egress purposes as required by the Building Code.
(4) Balconies and Decks. Balconies, rooftop terraces, and second-story decks are prohibited for all accessory dwelling units and junior accessory dwelling units. (5) Outside stairways. Outside stairways serving a second-story accessory dwelling unit and/or junior accessory dwelling unit shall not be constructed on any building elevation facing a street. This standard shall not preclude construction of an 800 square-foot accessory dwelling unit.
(6) Detached and/or attached accessory dwelling units. A detached and/or attached accessory dwelling unit shall match the existing architectural style of the primary dwelling by using the same exterior wall material, wainscot, trim material, roofing material, and window frames/trim as the primary dwelling. An exception to this requirement may be granted pursuant to the requirements of the California Code of Regulations, Title 24.
(7) Attached garage conversion. An existing attached garage that is converted to an accessory dwelling unit and/or junior accessory dwelling unit shall include removal of the vehicle garage door(s), which shall be replaced with architectural features to match those of the primary dwelling by using the same exterior wall material, wainscot, trim material, roofing material, and window frames/trim as the primary dwelling to remove any appearance that the structure was originally a garage. (8) Detached garage conversion. An existing detached garage that is converted to an accessory dwelling unit shall include removal of the vehicle garage door(s), which shall be replaced with architectural features to match the remaining portions of the detached structure by using the same exterior wall material, wainscot, trim material, roofing material, and window frames/trim that remove any appearance that the structure was originally a garage.
(h) Grading.
(1) To the extent required by Chapter 12, Article II and Section 29.10.09045 (b) of the Town Code, the grading activities set forth in subsection (2) below may require a Grading Permit, but will not require discretionary review of an Architecture and Site Application. (2) Grading activities associated with the construction of an accessory dwelling unit and/or junior accessory dwelling unit shall not exceed fifty (50) cubic yards, cut plus fill, except:

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a. Light wells that do not exceed the minimum required by the Building Code shall not count as grading activity for the purpose of this section. b. Excavation within the footprint of a proposed accessory dwelling unit shall not count as grading activity for the purpose of this section.
(i) Cut and fill. Construction of an accessory dwelling unit and/or a junior accessory dwelling unit shall be subject to the cut and fill requirements specified by Table 1-1 (Cut and Fill Requirements for Accessory Dwelling Units and Junior Accessory Dwelling Units) below:

Retaining walls shall have a five (5) foot landscape buffer adjacent to the street. (k) Light reflectivity value. Exterior materials for accessory dwelling units and/or junior accessory dwelling units in the Hillside Overlay shall comply with requirements in Chapter V, Section I, of the Town’s Hillside Development Standards and Guidelines. (l) Landscaping. All landscaping shall comply with the California Model Water Efficient Landscape Ordinance (MWELO).
(m)Lighting. New exterior lighting fixtures shall be downward directed and utilize shields so that no bulb is visible to ensure that the light is directed to the ground surface and does not spill onto neighboring parcels consistent with Section 29.10.09015 of the Town Code. (n) Trees. Any proposed work shall comply with the protection, removal, and replacement requirements for protected trees in Chapter 29, Article I, Division 2, “Tree Protection,” of the Town Code.
(o) Stormwater management. The development shall comply with the requirements of the Town’s National Pollution Discharge Elimination System Permit as implemented by Chapter 22 of the Town Code, and as demonstrated by a grading and drainage plan prepared by a registered civil engineer.

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(p) Conveyance. Except as provided in CA Government Code Section 65852.26, an accessory dwelling unit may be rented separate from the primary dwelling but may not be sold or otherwise conveyed separate from the primary dwelling.
(q) Town codes and ordinances. All accessory dwelling units and junior accessory dwelling units shall comply with all the provisions of this Chapter and other applicable Town Codes. (r) Building codes. All accessory dwelling units and junior accessory dwelling units shall comply with applicable building, health, and fire codes, 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.
(s) Rentals longer than 30 days. Rentals for durations of less than thirty (30) days, including short-term rentals (as defined by the California Government Code), are prohibited. (t) Maximum number of dogs, cats, or litters. All accessory dwelling units shall comply with Section 4.40.010 of the Town Code.

Sec. 29.10.325. Accessory dwelling unit development standards.

An accessory dwelling unit must comply with the following objective development standards:
(a) Location.
(1) No detached accessory dwelling unit may be constructed in front of the primary dwelling except in the HR zones.
(2) No accessory dwelling unit may be constructed in front of a primary dwelling or added to an existing second story of a primary dwelling that is any of the following:
a. A Historic Structure, as defined in Section 29.10.020 of the Zoning Code; b. Listed in the Town of Los Gatos Historic Resource Inventory, as defined by Town Code Chapter 29, Article VII, Division 3, “Historic Preservation and LHP or Landmark and Historic Preservation Overlay Zone;” or
c. Listed in the California Register of Historical Resources. (b) Setbacks. Accessory dwelling units shall be subject to the setback requirements specified in Table 1-2 (Accessory Dwelling Unit Setback Requirements) below:

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accessory
structure
used as livable
space(3)
Front Per the applicable
zoning district(4) N/A Per the applicable zoning district(4) Per the applicable
zoning district(4)
Rear 4 feet minimum N/A N/A
Sufficient for
fire and safety
4 feet minimum 4 feet minimum
Side (including
street-side)
4 feet minimum 4 feet minimum 4 feet minimum
From any other
structure located
on the same lot(5)
5 feet minimum N/A 5 feet minimum 5 feet minimum N/A N/A (1) Cornices, eaves, belt courses, sills, canopies, bay windows, chimneys, or other similar architectural features may extend into required setbacks as specified in Section 29.40.070 (b) of the Zoning Code. (2) Includes attached garages.
(3) Such as storage rooms, boiler rooms, passageways, attics, basements, or garages. (4) Front setback requirements shall not preclude construction of an 800 square-foot accessory dwelling unit. (5) Measured from the exterior wall surface and/or supporting posts. (c) Maximum unit size.
(1) The maximum floor area of an accessory dwelling unit is one thousand two hundred (1,200) square feet.
(2) An attached accessory dwelling unit that is not created though conversion of existing space shall not exceed fifty (50) percent of the size of the existing primary dwelling.

Exception: Up to eight hundred (800) square feet of gross floor area of an attached accessory dwelling unit shall be exempt from this subsection. (3) Detached accessory dwelling units exceeding a combined square footage of four hundred fifty (450) square feet in the R-1, R-D, R-M, RMH, and R-1D zones shall not be subject to the Administrative Procedure for Minor Residential Projects. Detached accessory dwelling units exceeding a combined square footage of six hundred (600) or one thousand (1,000) square feet in the HR and RC zones shall not be subject to Development Review Committee or Planning Commission approval. (d) Maximum number of bedrooms. There is no limit on the number of bedrooms in an accessory dwelling unit.
(e) Stories. Accessory dwelling units shall be contained within one (1) story. (f) Height. Accessory dwelling units shall be subject to the height requirements below:
(1) A height of sixteen (16) feet for a detached accessory dwelling unit on a lot with a proposed or existing single-family or multi-family dwelling. (2) A height of eighteen (18) feet for a detached accessory dwelling unit on a lot with a proposed or existing single-family or multi-family dwelling that is within one-half of one mile walking distance of a major transit stop or a high-quality transit corridor. An additional two feet in height shall be provided to accommodate a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the primary dwelling unit.

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(3) A height of eighteen (18) feet for a detached accessory dwelling unit on a lot with a proposed or existing multi-family, multi-story dwelling. (4) A height of twenty-five (25) feet or the height limitation of the applicable zoning district that applies to the primary dwelling, whichever is lower, for an accessory dwelling unit that is attached to a proposed or existing two-story primary dwelling. (5) Accessory dwelling units may be added directly above an existing one-story accessory structure on a property with a proposed or existing two-story primary dwelling in the R-1, R-D, R-M, RMH, and R-1D zones. These second-story accessory dwelling units may not be internally connected to the accessory structure below by an interior staircase.
(g) Entrances. Attached accessory dwelling units shall include a separate entrance from the main entrance to the proposed or existing primary dwelling. An accessory dwelling unit contained on a second story shall be served by a separate, dedicated interior or exterior stairway. A passageway from the accessory dwelling unit to a public street may be created but shall not be required by the Town.
(h) Interior connection. An attached accessory dwelling unit may, but shall not be required to, contain an interior doorway connection between the primary dwelling and the accessory dwelling unit.
(i) Conversion of existing floor area. An accessory dwelling unit shall be permitted if the accessory dwelling unit is contained within the existing space of, or constructed in the same location and manner as, an existing primary dwelling or accessory structure. The following provisions shall apply:
(1) The accessory dwelling unit shall be located on a lot zoned to allow single-family, twofamily, or multi-family residential use. (2) The accessory dwelling unit shall have a separate entrance from the primary dwelling. (3) The accessory dwelling unit shall have existing side and rear setbacks sufficient for fire safety.
(4) An expansion of one hundred fifty (150) square feet beyond the physical dimensions of an existing structure, limited to accommodating ingress and egress, shall be permitted.
(5) When an existing structure is nonconforming as to setback standards and converted to an accessory dwelling unit, any expansion of that structure may not be nearer to a property line than the existing building in accordance with Section 29.10.245. (j) Density. Accessory dwelling units that conform to California Government Code Section 65852.2 shall be deemed an accessory use and shall not be considered to 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.
(k) Fire sprinklers. 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

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unit shall not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.

Sec. 29.10.330. Junior dwelling unit development standards. (a) Location. A junior accessory dwelling unit shall be constructed entirely within the walls of the proposed or existing single-family residence. For the 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. Junior accessory dwelling units may not be located within the space of, or attached to, a detached accessory structure of any type. (b) Setbacks. A junior accessory dwelling unit shall be subject to the setback requirements of the applicable zoning district for a single-family residence, or the setbacks established by the existing single-family residence within which the junior accessory dwelling unit is located, whichever is less and sufficient for fire safety. (c) Maximum unit size. The maximum floor area of a junior accessory dwelling unit is five hundred (500) square feet, measured from the outer face of exterior walls and the centerline of shared interior walls.
(d) Entrances. A junior accessory dwelling unit shall include a separate entrance from the main entrance to the proposed or existing single-family residence. When separate sanitation facilities are not included within the space of the junior accessory dwelling unit, an interior entry into the main living area of the primary dwelling shall be provided in addition to the separate entrance from the main entrance to the proposed or existing single-family residence. A junior accessory dwelling unit contained on a second story shall be served by a separate, dedicated interior or exterior stairway. A passageway from the accessory dwelling unit to a public street may be created but shall not be required by the Town. (e) Kitchen. A junior accessory dwelling unit shall contain a kitchen or an efficiency kitchen. (f) Sanitation facilities. A junior accessory dwelling unit may include separate sanitation facilities, or it may share sanitation facilities with the single-family residence. If sanitation facilities are not provided within the space of the junior accessory dwelling unit, an interior doorway shall be provided between the junior accessory dwelling unit and the living area of the single-family dwelling.
(g) Owner-occupancy. The property owner shall reside in the single-family residence in which the junior accessory dwelling unit will be located. The property owner may reside in either the remaining portion of the single-family residence 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.
(h) Deed Restriction. Prior to Building Permit issuance, the applicant shall record a Deed Restriction in the form prescribed by the Town, which shall run with the land and provide for all the following:
(1) 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.

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(2) A restriction on the size and attributes of the junior accessory dwelling unit that conforms with this section.
(3) Owner-occupancy consistent with this section.
(i) Fire or life protection. 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.

Sec. 29.10.335. Unpermitted units.

This section provides a mechanism to legalize unpermitted accessory dwelling in compliance with Government Code Section 65852.23.
(a) Applicability. This section applies to accessory dwelling units that were unlawfully constructed prior to January 1, 2018, and that have not been deemed substandard pursuant to Section 17920.3 of the Health and Safety Code by the building official. The Community Development Director may determine construction date by any credible means warranted, including use of aerial photography, county records, photographs, and signed affidavits.
(b) Relief. The Town shall not deny a permit to legalize an unpermitted accessory dwelling solely 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; or
(2) The accessory dwelling unit does not comply with Government Code Section 65852.2; or
(3) The accessory dwelling unit does not comply with this Chapter. (c) Approval. An unpermitted accessory dwelling unit may be legalized in compliance with Section 29.10.315 (Review Process).
(d) Enforcement. A property owner who makes known to the Town the existence of an unpermitted accessory dwelling unit but who fails to obtain and finalize a Building Permit, shall be subject to enforcement and penalties as specified by Division 9 of this Chapter. (e) Exception. The Town may deny a permit to legalize an unpermitted accessory dwelling unit and instead require correction of the violation(s) if the Building Official makes a finding that correcting the violation(s) is necessary to protect the health and safety of the public or occupants of the structure.

Sec. 29.10.340. Nonconforming accessory dwelling units and junior accessory dwelling units. (a) Permits. The owner of a nonconforming accessory dwelling unit and/or junior accessory dwelling unit, as defined in Section 29.10.310, must obtain a permit in compliance with Section 29.10.315 (Review Process).

Where an application has been submitted for a nonconforming accessory dwelling unit and/or junior accessory dwelling unit and Town records do not establish its nonconforming

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status, the property owner will have sixty (60) days from the date the Town provides notice of its findings to submit any facts and evidence to support a claim that the unit is nonconforming as defined in this Article. If at the end of sixty (60) days evidence has not been submitted by the property owner to establish the accessory dwelling unit and/or junior accessory dwelling unit is nonconforming to the satisfaction of the Community Development Director, the unit shall be determined to be an unpermitted accessory dwelling unit pursuant to section 29.10.335 and subject to its regulations. (b) Units existing at time of annexation. Upon annexation a lawful accessory dwelling unit and/or junior accessory dwelling unit shall become nonconforming and the owner must either apply for a permit pursuant to Section 29.10.315 (Review Process) within one (1) year of the date of annexation. A property owner who makes known to the Town the existence of a nonconforming accessory dwelling unit and/or junior accessory dwelling unit but who fails to obtain and finalize a Building Permit, shall be subject to enforcement and penalties as specified by Division 9 of this chapter.

Sec. 29.10.350. Elimination and/or demolition of existing accessory dwelling units and/or junior accessory dwelling units.

In order to eliminate and/or demolish, without replacement, an approved accessory dwelling unit and/or junior accessory dwelling unit, the Development Review Committee shall make the finding that the proposed elimination and/or demolition, (without replacement), is consistent with the Town's Housing Element of the General Plan. In order to eliminate and/or demolish an existing accessory dwelling unit, the Development Review Committee must make the demolition findings pursuant to Section 29.10.09030.

Sec. 29.10.355. Nonconforming zoning conditions.

The Town shall not deny an application for a permit to create an accessory dwelling unit and/or junior accessory dwelling unit based on a need for 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 accessory dwelling unit and/or junior accessory dwelling unit.

Sec. 29.10.360. Utilities.
(a) An accessory dwelling unit may be required to have a new or separate unity connection, including a separate sewer lateral, between the accessory dwelling unit and the utility. A connection fee or capacity charge may be charged that is proportionate to the size in square feet of the accessory dwelling unit or its drainage fixture unit (DFU) values. (1) Exceptions: Junior accessory dwelling units, accessory dwelling units within the proposed space of a single-family dwelling, or accessory dwelling units within the existing space of a single-family dwelling or accessory structure are exempt from any requirement to install a new or separate utility connection and to pay any associated connection or capacity fees or charges, unless the accessory dwelling unit was constructed with a new single-family dwelling.

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Sec. 29.10.365. Fees.
(a) Connection fees and capacity charges. An accessory dwelling unit shall not be considered by the Town, 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.
(b) Impact fees. An accessory dwelling unit less than seven hundred fifty (750) square feet or a junior accessory dwelling unit is exempt from impact fees imposed by the Town, special district, or water corporation. An accessory dwelling seven hundred fifty (750) square feet or greater is subject to the Traffic Impact Fee requirements of the Town’s Traffic Impact Policy (Policy 1-08), as may be amended from time to time. Any impact fees charged for an accessory dwelling unit of seven hundred fifty (750) square feet or more shall be charged proportionately in relation to the square footage of the primary dwelling unit. For purposes of this subparagraph, “impact fee” has the same meaning as the term “fee” is defined in subdivision (b) of CA Government Code 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.

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SECTION II. Section 29.10.195, “Termination of nonconforming use status,” of Chapter 29, “Zoning Regulations,” is amended to read as follows:

Sec. 29.10.195. - Termination of legal nonconforming use status. (a) Unless this Division is amended to provide otherwise, the following legal nonconforming uses may continue interminably so long as they conform to the other requirements of this Division:
(1) Legal nonconforming residential uses.
(2) Schools.
(3) Church uses.
(4) Nonresidential uses in the downtown which would otherwise be nonconforming due to zone changes and ordinance amendments which occurred after July 1, 1982. (5) Residential care facilities for the elderly that existed as of January 1, 1988 and are nonconforming only as to parking.
(6) Hotels/motels located in residential zones which were converted to multiple-family dwelling units prior to March 22, 1986, if a conditional use permit is obtained. (7) Commercial uses that are nonconforming as to parking if parking has been provided onsite by July 1, 1992, or twenty (20) years from the date the use became legal nonconforming, whichever is later.
(b) The following legal nonconforming uses shall cease at the end of the following time periods:
(1) A junkyard shall cease ninety (90) days from the date it becomes nonconforming. (2) Where there are improvements on land, but of a type for which no Building Permit would currently be required, the legal nonconforming use shall cease three (3) years from the date the use becomes legal nonconforming.
(3) Where the land is improved with one (1) or more structures of a type for which a Building Permit would currently be required and the structure(s) are utilized in connection with the legal nonconforming use, the legal nonconforming use shall cease twenty (20) years from March 23, 1966, or twenty (20) years from the date the use became legal nonconforming, whichever is later.
(4) When a zoning amendment is adopted after 1981 that causes a use to be legal nonconforming solely by subjecting it to the requirement of obtaining a conditional use permit, all uses affected by the amendment shall apply for a use permit within sixty (60) days after the amendment becomes effective. Failure to make such application within that time shall make the subject use immediately unlawful. (5) A business engaged in the retail sales [of] firearms and/or destructive devices shall cease four (4) years from the date it becomes legal nonconforming. (c) If any period of authorized duration is held by a court to be too short and therefore unconstitutional or unlawful on its face or as applied, the period of duration shall be extended to such time as the court determines is lawful.

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SECTION III. Subsection (e) of Section 29.10.630, “Requirements,” of Chapter 29, “Zoning Regulations,” is amended to read as follows:
(e) Floor Area Ratio and Lot Coverage.
(1) The maximum floor area ratio and lot coverage shall be as specified by the applicable zoning regulations.
(2) For flag/corridor lots, the gross lot size includes the access corridor for the purposes of determining maximum floor area ratio and lot coverage as follows:
i. When an easement is used to provide access, the access corridor is included in the gross lot size for the lot granting the easement; and ii. When the access corridor is owned in-fee and is part of the rear lot, the access corridor is included in the gross lot size for the rear lot. (3) The maximum size of the first new residential unit shall not exceed one thousand two hundred (1,200) square feet.
(4) When a two-unit housing development is proposed, a 10 percent increase in the floor area ratio standards for residential structures is allowed, excluding garages, and this increase in floor area cannot be combined with a separate increase for an Accessory Dwelling Unit allowed by Town Code Section 29.10.320. The additional floor area allowed by this subsection shall not exceed one thousand two hundred (1,200) square feet.
(5) Notwithstanding the floor area ratio standards in this subsection, a new two-unit housing development with unit sizes of eight hundred (800) square feet or less shall be permitted.

SECTION IV. Section 29.20.960, “Civil penalties,” of Chapter 29, “Zoning Regulations,” is amended to read as follows:

Notwithstanding section 29.20.950 relating to criminal penalty, any person found to have violated section 29.10.0965 shall be liable to pay the Town a civil penalty as prescribed in subsections (1) through (3). Any person found to have violated section 29.10.340(a) shall be liable to pay the Town a civil penalty as prescribed in subsection (4):
(1) Replacing the unlawfully removed tree with a new tree as similar thereto as reasonably feasible, or if such replacement is not feasible because of size or age of tree, with such number of similar trees as will provide reasonably equivalent aesthetic quality based on the determination of the Director of Parks, Forestry and Maintenance Services. Where similar replacement trees will not provide reasonably equivalent aesthetic quality, the Director of Parks, Forestry and Maintenance Services shall calculate the value of the removed tree in accordance with The Guide for Establishing Values of Trees and Other Plants by the International Society of Arboriculture and

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such value will be the civil penalty for violation of section 29.10.0965 in addition to subsection (2). Where replanting cannot be accomplished to the satisfaction of the Director of Parks, Forestry and Maintenance Services, the amount of the value of the removed tree shall be deposited into the street tree deposit account. (2) The cost of enforcing this Chapter, which shall include all costs, staff time, and attorneys' fees.
(3) All replacement trees planted as required by subsection (1) shall be maintained by the property owner under a two-year written maintenance agreement with the Town. (4) A five thousand dollar ($5,000.00) civil penalty shall be imposed against any property owner found in violation of section 29.10.340(a) in addition to any application fees required and the cost of bringing the property into compliance with the California Building Code Standards (CA Code of Regulations, Title 24).

SECTION V. Severability.

In the event that a court of competent jurisdiction holds any Section, subsection, paragraph, sentence, clause, or phrase in this Ordinance unconstitutional, preempted, or otherwise invalid, the invalid portion shall be severed from this Section and shall not affect the validity of the remaining portions of this Section. The Town hereby declares that it would have adopted each Section, subsection, paragraph, sentence, clause, or phrase in this Section irrespective of the fact that any one or more Sections, subsections, paragraphs, sentences, clauses or phrases in this Section might be declared unconstitutional, preempted, or otherwise invalid.

SECTION VI. CEQA.

The Environmental Impacts of this Ordinance were Analyzed in the Environmental Impact Report for the 2040 General Plan. Additionally, the Proposed Amendments are Exempt Pursuant to CEQA, Section 15061(b)(3).

SECTION VII. GENERAL PLAN.

The amendments to Chapter 29 of the Town Code regarding accessory dwelling units are consistent with the General Plan.

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SECTION VIII. Publication.

In accordance with Section 63937 of the Government Code of the State of California, this Ordinance takes effect 30 days from the date of its passage. The Town Council hereby directs the Town Clerk to cause this Ordinance or a summary thereof to be published or posted in accordance with Section 36933 pf the Government Code of the State of California.

SECTION IX. Effective Date.

This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on the ___ day of _________ 2023, and adopted by the Town Council of the Town of Los Gatos at its regular meeting on the __ day of __________ 2023, by the following vote:

COUNCIL MEMBERS:

AYES:

NAYS:

ABSENT:

ABSTAIN:

SIGNED:
_______________________________

MAYOR OF THE TOWN OF LOS GATOS

LOS GATOS, CALIFORNIA
DATE: __________________
ATTEST:
___________________________________

TOWN CLERK OF THE TOWN OF LOS GATOS

LOS GATOS, CALIFORNIA
DATE: __________________

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DRAFT ORDINANCE

AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AMENDING CHAPTER 29, “ZONING REGULATIONS,” OF THE TOWN CODE

REGARDING ACCESSORY DWELLING UNITS AND CORRECTING OUTDATED

REFERENCES IN TOWN CODE SECTIONS PERTAINING TO TERMINATION

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WHEREAS, in drafting the revised accessory dwelling unit and junior accessory dwelling unit regulations, the Town considered changes in State law, feedback and clarification from the California Department of Housing and Community Development, and feedback from Town residents regarding privacy impacts caused by new accessory dwelling units on neighboring properties; and
WHEREAS, this matter was regularly noticed in conformance with State and Town law and came before the Planning Commission for public hearing on September 13, 2023; and WHEREAS, on September 13, 2023, the Planning Commission reviewed and commented on the proposed amendments regarding accessory dwelling units and forwarded a recommendation to the Town Council for approval of the proposed amendments with the recommendation that parking requirements for all accessory dwelling units be eliminated; and WHEREAS, this matter was regularly noticed in conformance with State and Town law and came before the Town Council for public hearing on November 7, 2023; and WHEREAS, on November 7, 2023, the Town Council reviewed and commented on the proposed amendments regarding accessory dwelling units and the Town Council voted to introduce the Ordinance.

NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Los Gatos as follows:

SECTION I. Division 7, “Accessory Dwelling Units,” of Chapter 29, “Zoning Regulations,” is replaced with the following:

DIVISION 7. ACCESSORY DWELLING UNITS
Sec. 29.10.305. Intent and authority.

Sec. 29.10.310. Definitions.

The following words, terms, and phrases, when used in these accessory dwelling unit regulations, shall have the meanings ascribed to them in this section:

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sleeping, eating, cooking, and sanitation. An accessory dwelling unit also includes efficiency units and manufactured homes.
(1) A detached accessory dwelling unit is physically separate from a primary dwelling. (2) An attached accessory dwelling unit is contained within the space of and/or physically attached to a proposed or existing primary dwelling.

Efficiency unit has the meaning set forth in Section 17958.1 of the Health and Safety Code.

High-quality transit corridor has the meaning set forth in Section 21155 of the Public Resources Code.

Legal nonconforming zoning condition means a physical improvement on a property that was lawful when it was constructed but does not conform with current zoning standards.

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.

Major transit stop has the meaning set forth in Section 21155 of the Public Resources Code.

Manufactured home has the meaning set forth in Section 18007 of the Health and Safety Code.

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Passageway means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit and/or junior accessory dwelling unit.

Proposed dwelling means a dwelling that is the subject of a permit application and that meets the requirements for permitting.

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.

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shall be made affordable to eligible applicants pursuant to the requirements of the Incentive Program. A Deed Restriction shall be recorded specifying that the accessory dwelling unit or junior accessory dwelling unit shall be offered at a reduced rent that is affordable to a lower income renter (less than eighty (80) percent AMI) provided that the unit is occupied by someone other than a member of the household occupying the primary dwelling.
(b) Parcel requirements. An accessory dwelling unit and/or junior accessory dwelling unit may only be created on parcels satisfying all the following general requirements:
(1) Permitted zones. A parcel zoned to allow single-family or multi-family residential use. (2) Dwelling unit. A parcel that includes a proposed or existing primary dwelling. (c) Number. Accessory dwelling units and/or a junior accessory dwelling unit may be permitted on a residential parcel as follows:
(1) Single-family development. Not more than one (1) junior accessory dwelling unit contained within the space of a proposed or existing single-family dwelling, and one (1) accessory dwelling unit, may be permitted on a lot with a proposed or existing primary dwelling.
(2) Multi-family development. Not more than a number equal to twenty-five (25) percent of the existing multi-family dwelling units rounded-up to the next whole number, within the portions of an existing multi-family dwelling not used as livable space (such as storage rooms, boiler rooms, passageways, attics, basements, or garages), and two (2) detached accessory dwelling units, may be permitted on a lot with a proposed or existing multi-family dwelling.
(d) Floor area ratio (FAR) standards.
(1) Accessory dwelling units. Accessory dwelling units (attached or detached) are allowed a ten (10) percent increase in the floor area ratio standards for all structures, excluding garages. Exception: Up to eight hundred (800) square feet of gross floor area of an accessory dwelling unit shall be exempt from the applicable FAR standards. This subsection does not apply to junior accessory dwelling units. (2) Junior accessory dwelling units. Junior accessory dwelling units are subject to the floor area ratio standards for all structures, excluding garages. (e) Lot coverage. Accessory dwelling units and junior accessory dwelling units are exempt from the lot coverage standards applicable to the zone and the accessory structure lot coverage limitations included in Section 29.40.015 (A)(5).
(f) Parking. No parking shall be required for a new accessory dwelling unit and/or junior accessory dwelling unit.
(g) Design standards. The purpose of these objective design standards is to ensure that the residential appearance of a property is maintained and that an accessory dwelling unit and/or junior accessory dwelling unit are compatible with the primary dwelling and the neighborhood. The following objective design standards apply to the construction of an accessory dwelling unit and/or junior accessory dwelling unit:

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(1) Front entryway. A front entryway framing a front door shall have a roof eave that matches or connects at the level of the adjacent eave line. (2) Front porch. If proposed, front porches shall have a minimum depth of six (6) feet and a minimum width equal to twenty-five (25) percent of the linear width of the front elevation.
(3) Windows. All second-story windows less than ten (10) feet from rear and/or side property lines shall be clerestory with the bottom of the glass at least six (6) feet above the finished floor, except as necessary for egress purposes as required by the Building Code.
(4) Balconies and Decks. Balconies, rooftop terraces, and second-story decks are prohibited for all accessory dwelling units and junior accessory dwelling units. (h) Grading.
(1) To the extent required by Chapter 12, Article II and Section 29.10.09045 (b) of the Town Code, the grading activities set forth in subsection (2) below may require a Grading Permit, but will not require discretionary review of an Architecture and Site Application. (2) Grading activities associated with the construction of an accessory dwelling unit and/or junior accessory dwelling unit shall not exceed fifty (50) cubic yards, cut plus fill, except:
a. Light wells that do not exceed the minimum required by the Building Code shall not count as grading activity for the purpose of this section. b. Excavation within the footprint of a proposed accessory dwelling unit shall not count as grading activity for the purpose of this section.

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(i) Cut and fill. Construction of an accessory dwelling unit and/or a junior accessory dwelling unit shall be subject to the cut and fill requirements specified by Table 1-1 (Cut and Fill Requirements for Accessory Dwelling Units and Junior Accessory Dwelling Units) below:

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(r) Building codes. All accessory dwelling units and junior accessory dwelling units shall comply with applicable building, health, and fire codes, 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.
(s) Rentals longer than 30 days. Rentals for durations of less than thirty (30) days, including short-term rentals (as defined by the California Government Code), are prohibited. (t) Maximum number of dogs, cats, or litters. All accessory dwelling units shall comply with Section 4.40.010 of the Town Code.

Sec. 29.10.325. Accessory dwelling unit development standards.

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(b) Setbacks. Accessory dwelling units shall be subject to the setback requirements specified in Table 1-2 (Accessory Dwelling Unit Setback Requirements) below:

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(f) Height. Accessory dwelling units shall be subject to the height requirements below:
(1) A height of sixteen (16) feet for a detached accessory dwelling unit on a lot with a proposed or existing single-family or multi-family dwelling. (2) A height of eighteen (18) feet for a detached accessory dwelling unit on a lot with a proposed or existing single-family or multi-family dwelling that is within one-half of one mile walking distance of a major transit stop or a high-quality transit corridor. An additional two feet in height shall be provided to accommodate a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the primary dwelling unit. (3) A height of eighteen (18) feet for a detached accessory dwelling unit on a lot with a proposed or existing multi-family, multi-story dwelling. (4) A height of twenty-five (25) feet or the height limitation of the applicable zoning district that applies to the primary dwelling, whichever is lower, for an accessory dwelling unit that is attached to a proposed or existing two-story primary dwelling. (5) Accessory dwelling units may be added directly above an existing one-story accessory structure on a property with a proposed or existing two-story primary dwelling in the R-1, R-D, R-M, RMH, and R-1D zones. These second-story accessory dwelling units may not be internally connected to the accessory structure below by an interior staircase.
(g) Entrances. Attached accessory dwelling units shall include a separate entrance from the main entrance to the proposed or existing primary dwelling. An accessory dwelling unit contained on a second story shall be served by a separate, dedicated interior or exterior stairway. A passageway from the accessory dwelling unit to a public street may be created but shall not be required by the Town.
(h) Interior connection. An attached accessory dwelling unit may, but shall not be required to, contain an interior doorway connection between the primary dwelling and the accessory dwelling unit.
(i) Conversion of existing floor area. An accessory dwelling unit shall be permitted if the accessory dwelling unit is contained within the existing space of, or constructed in the same location and manner as, an existing primary dwelling or accessory structure. The following provisions shall apply:
(1) The accessory dwelling unit shall be located on a lot zoned to allow single-family, twofamily, or multi-family residential use. (2) The accessory dwelling unit shall have a separate entrance from the primary dwelling. (3) The accessory dwelling unit shall have existing side and rear setbacks sufficient for fire safety.
(4) An expansion of one hundred fifty (150) square feet beyond the physical dimensions of an existing structure, limited to accommodating ingress and egress, shall be permitted.

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(5) When an existing structure is nonconforming as to setback standards and converted to an accessory dwelling unit, any expansion of that structure may not be nearer to a property line than the existing building in accordance with Section 29.10.245. (j) Density. Accessory dwelling units that conform to California Government Code Section 65852.2 shall be deemed an accessory use and shall not be considered to 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.
(k) Fire sprinklers. 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.

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(g) Owner-occupancy. The property owner shall reside in the single-family residence in which the junior accessory dwelling unit will be located. The property owner may reside in either the remaining portion of the single-family residence 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.
(h) Deed Restriction. Prior to Building Permit issuance, the applicant shall record a Deed Restriction in the form prescribed by the Town, which shall run with the land and provide for all the following:
(1) 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.
(2) A restriction on the size and attributes of the junior accessory dwelling unit that conforms with this section.
(3) Owner-occupancy consistent with this section.
(i) Fire or life protection. 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.

Sec. 29.10.335. Unpermitted units.

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(e) Exception. The Town may deny a permit to legalize an unpermitted accessory dwelling unit and instead require correction of the violation(s) if the Building Official makes a finding that correcting the violation(s) is necessary to protect the health and safety of the public or occupants of the structure.

Where an application has been submitted for a nonconforming accessory dwelling unit and/or junior accessory dwelling unit and Town records do not establish its nonconforming status, the property owner will have sixty (60) days from the date the Town provides notice of its findings to submit any facts and evidence to support a claim that the unit is nonconforming as defined in this Article. If at the end of sixty (60) days evidence has not been submitted by the property owner to establish the accessory dwelling unit and/or junior accessory dwelling unit is nonconforming to the satisfaction of the Community Development Director, the unit shall be determined to be an unpermitted accessory dwelling unit pursuant to section 29.10.335 and subject to its regulations. (b) Units existing at time of annexation. Upon annexation a lawful accessory dwelling unit and/or junior accessory dwelling unit shall become nonconforming and the owner must either apply for a permit pursuant to Section 29.10.315 (Review Process) within one (1) year of the date of annexation. A property owner who makes known to the Town the existence of a nonconforming accessory dwelling unit and/or junior accessory dwelling unit but who fails to obtain and finalize a Building Permit, shall be subject to enforcement and penalties as specified by Division 9 of this chapter.

Sec. 29.10.350. Elimination and/or demolition of existing accessory dwelling units and/or junior accessory dwelling units.

Sec. 29.10.355. Nonconforming zoning conditions.

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Sec. 29.10.360. Utilities.
(a) An accessory dwelling unit may be required to have a new or separate unity connection, including a separate sewer lateral, between the accessory dwelling unit and the utility. A connection fee or capacity charge may be charged that is proportionate to the size in square feet of the accessory dwelling unit or its drainage fixture unit (DFU) values. (1) Exceptions: Junior accessory dwelling units, accessory dwelling units within the proposed space of a single-family dwelling, or accessory dwelling units within the existing space of a single-family dwelling or accessory structure are exempt from any requirement to install a new or separate utility connection and to pay any associated connection or capacity fees or charges, unless the accessory dwelling unit was constructed with a new single-family dwelling.

Sec. 29.10.365. Fees.
(a) Connection fees and capacity charges. An accessory dwelling unit shall not be considered by the Town, 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.
(b) Impact fees. An accessory dwelling unit less than seven hundred fifty (750) square feet or a junior accessory dwelling unit is exempt from impact fees imposed by the Town, special district, or water corporation. An accessory dwelling seven hundred fifty (750) square feet or greater is subject to the Traffic Impact Fee requirements of the Town’s Traffic Impact Policy (Policy 1-08), as may be amended from time to time. Any impact fees charged for an accessory dwelling unit of seven hundred fifty (750) square feet or more shall be charged proportionately in relation to the square footage of the primary dwelling unit. For purposes of this subparagraph, “impact fee” has the same meaning as the term “fee” is defined in subdivision (b) of CA Government Code 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.

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Ordinance Date
SECTION II. Section 29.10.195, “Termination of nonconforming use status,” of Chapter 29, “Zoning Regulations,” is amended to read as follows:

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Ordinance Date
SECTION III. Subsection (e) of Section 29.10.630, “Requirements,” of Chapter 29, “Zoning Regulations,” is amended to read as follows:
(e) Floor Area Ratio and Lot Coverage.
(1) The maximum floor area ratio and lot coverage shall be as specified by the applicable zoning regulations.
(2) For flag/corridor lots, the gross lot size includes the access corridor for the purposes of determining maximum floor area ratio and lot coverage as follows:
i. When an easement is used to provide access, the access corridor is included in the gross lot size for the lot granting the easement; and ii. When the access corridor is owned in-fee and is part of the rear lot, the access corridor is included in the gross lot size for the rear lot. (3) The maximum size of the first new residential unit shall not exceed one thousand two hundred (1,200) square feet.
(4) When a two-unit housing development is proposed, a 10 percent increase in the floor area ratio standards for residential structures is allowed, excluding garages, and this increase in floor area cannot be combined with a separate increase for an Accessory Dwelling Unit allowed by Town Code Section 29.10.320. The additional floor area allowed by this subsection shall not exceed one thousand two hundred (1,200) square feet.
(5) Notwithstanding the floor area ratio standards in this subsection, a new two-unit housing development with unit sizes of eight hundred (800) square feet or less shall be permitted.

SECTION IV. Section 29.20.960, “Civil penalties,” of Chapter 29, “Zoning Regulations,” is amended to read as follows:

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Ordinance Date
such value will be the civil penalty for violation of section 29.10.0965 in addition to subsection (2). Where replanting cannot be accomplished to the satisfaction of the Director of Parks, Forestry and Maintenance Services, the amount of the value of the removed tree shall be deposited into the street tree deposit account. (2) The cost of enforcing this Chapter, which shall include all costs, staff time, and attorneys' fees.
(3) All replacement trees planted as required by subsection (1) shall be maintained by the property owner under a two-year written maintenance agreement with the Town. (4) A five thousand dollar ($5,000.00) civil penalty shall be imposed against any property owner found in violation of section 29.10.340(a) in addition to any application fees required and the cost of bringing the property into compliance with the California Building Code Standards (CA Code of Regulations, Title 24).

SECTION V. Severability.

SECTION VI. CEQA.

SECTION VII. GENERAL PLAN.

The amendments to Chapter 29 of the Town Code regarding accessory dwelling units are consistent with the General Plan.

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Ordinance Date
SECTION VIII. Publication.

SECTION IX. Effective Date.

This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on the ____ day of ________ 2023, and adopted by the Town Council of the Town of Los Gatos at its regular meeting on the __ day of __________ 2023, by the following vote:

COUNCIL MEMBERS:

AYES:

NAYS:

ABSENT:

ABSTAIN:

SIGNED:
______________________________

MAYOR OF THE TOWN OF LOS GATOS

LOS GATOS, CALIFORNIA
DATE: __________________
ATTEST:
____________________________________

TOWN CLERK OF THE TOWN OF LOS GATOS

LOS GATOS, CALIFORNIA
DATE: __________________

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PREPARED BY: Sean Mullin, AICP
Senior Planner
Reviewed by: Planning Manager, Community Development Director, and Town Attorney 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6872 www.losgatosca.gov

TOWN OF LOS GATOS

PLANNING COMMISSION
REPORT
MEETING DATE: 09/13/2023
ITEM NO: 3
DATE: September 8, 2023
TO: Planning Commission
FROM: Joel Paulson, Community Development Director
SUBJECT: Forward a Recommendation to the Town Council on Amendments to Chapter 29 (Zoning Regulations) of the Town Code Regarding Accessory Dwelling Units. The Proposed Amendments Also Correct Outdated References to Sections of the Town Code Included in Sections Pertaining to Termination of Nonconforming Use Status, Requirements for a Two-Unit Development Under Senate Bill 9 (SB 9), and Civil Penalties. The Environmental Impacts of the Proposed Amendments to the Town Code were Analyzed in the Environmental Impact Report for the 2040 General Plan. Additionally, the Proposed Amendments are Exempt Pursuant to CEQA, Section 15061(b)(3).

Town Code Amendment Application A-23-002. Project Location: Town Wide.

Applicant: Town of Los Gatos.

RECOMMENDATION:

Forward a recommendation to the Town Council for approval of the amendments to Chapter 29 (Zoning Regulations) of the Town Code regarding accessory dwelling units. The proposed amendments also correct outdated references to sections of the Town Code included in sections pertaining to termination of nonconforming use status, requirements for a two-unit development under Senate Bill 9 (SB 9), and civil penalties.

CEQA:

The legal advertisement printed in the newspaper indicated that the proposed amendments to the Town Code are not considered a project under CEQA since they only affect processing of applications. CORRECTION: The environmental impacts of the proposed amendments to the Town Code were analyzed in the Environmental Impact Report for the 2040 General Plan. In addition, the Proposed Amendments are Exempt Pursuant to CEQA, Section 15061(b)(3), because it can be seen with certainty that they will not significantly affect the physical environment in that they make minor changes to the regulations applicable to accessory dwelling units and junior accessory dwelling units.

ATTACHMENT 3

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PAGE 2 of 11
SUBJECT: ADU Ordinance Amendments
DATE: September 8, 2023
FINDINGS:
▪ The environmental impacts of the proposed amendments to the Town Code were analyzed in the Environmental Impact Report for the 2040 General Plan, and that the proposed amendments are Exempt Pursuant to CEQA, Section 15061(b)(3); and ▪ The amendments to Chapter 29 of the Town Code are consistent with the General Plan.

BACKGROUND:

In 2016, the Governor signed several bills intended to address the State’s housing crisis by creating new housing opportunities through accessory dwelling units (ADU) and junior accessory dwelling units (JADU). Through 2022, the Governor continued to sign additional bills into law that further streamlined the permitting process for ADUs and JADUs. As a result, the Town updated the Town Code regarding ADUs/JADUs in 2017 and 2020 to comply with updated State laws. Since the current ADU/JADU regulations have been in place, additional bills have been signed into law and the Town has received clarification from the California Department of Housing and Community Development (HCD) on specific aspects of the Town’s ADU/JADU regulations. Additionally, staff has received feedback from Town residents regarding privacy impacts caused by new ADUs on neighboring properties.

In September 2022, the Governor signed Senate Bill (SB) 897 and Assembly Bill (AB) 2221, which made substantial changes in the development standards applicable to ADUs, including height, front yard setbacks, owner-occupancy, permit review time limits, and fire sprinklers (Exhibits 3 and 4). The new State ADU/JADU regulations took effect on January 1, 2023. Local ordinances that do not wholly conform to the new State regulations (Exhibit 5) are superseded until conforming local ordinances are adopted.

Below is a discussion of a Draft Ordinance that includes amendments to Chapter 29 of the Town Code (Zoning Regulations), Sections 29.10.195, 29.10.305 through 29.10.400, 29.10.630, and

29.10.960 (Exhibit 2).

DISCUSSION:

Through an audit of the Town’s current ADU Ordinance (Exhibit 6) against the applicable sections of the CA Government Code (Exhibit 5), staff determined that a complete overhaul of the Town’s ADU regulations is necessary. The Draft Ordinance, included as Exhibit 2, would align the Town’s regulations with State law, respond to HCD feedback, and address privacy impacts created by construction of new ADUs. While the Draft Ordinance is mostly new, existing regulations have been carried forward as reflected in Exhibit 7, which shows existing language carried forward (highlighted in green), with a reference to where the existing language can be found in the Draft Ordinance (highlighted in yellow). The discussion below

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PAGE 3 of 11
SUBJECT: ADU Ordinance Amendments
DATE: September 8, 2023
DISCUSSION (continued):
goes through the Code sections and provides staff’s assessment of the existing regulations and how and why they are modified under the Draft Ordinance.

Sec. 29.10.305. Intent and authority.

The current language has been carried forward. References to CA Government Code have been updated.

Sec. 29.10.310. Definitions.

The existing definitions have been carried forward with modifications in content and formatting. Several new definitions have been added, with many taken from the CA Government Code.

Sec. 29.10.315. Review process.

A framework for the permit review process is not included in the current Ordinance. This new section explicitly states that review of a Building Permit for an ADU/JADU shall be ministerial, and that final action must be taken by the Town within sixty days of receiving a complete application, per State law. The State law does not allow the Town to require an applicant to provide written notice or post a placard for the demolition of a detached garage that is to be replaced with an ADU, unless the property is located within an architecturally or historically significant district. The Draft Ordinance would not require an applicant to provide written notice for the construction of any ADU/JADU. This reflects the ministerial nature of the ADU/JADU Building Permit process and aligns with the Town’s Housing Element by removing barriers to development of ADUs and JADUs. Lastly, the Draft Ordinance states that the ministerial decision of the Town is not subject to appeal and provides findings for denial of an application.

Sec. 29.10.320. General requirements and restrictions.

The Draft Ordinance includes a new section detailing general requirements and regulations applicable to ADU and JADU projects.

Incentive program: This language has been carried over from the current Ordinance.

Parcel requirements: Portions of this information are currently included in the definition of an ADU. This new subsection clarifies what parcels qualify for an ADU/JADU, project consistent with State law.

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PAGE 4 of 11
SUBJECT: ADU Ordinance Amendments
DATE: September 8, 2023
DISCUSSION (continued):

Number: The language in this subsection has been slightly modified from the current Ordinance to reflect that JADUs may only be located within the space of a proposed or existing singlefamily dwelling.

FAR Standards: This revised subsection carries forward the Town Council’s previous decision to allow a ten percent increase in FAR standards to help create opportunities for ADUs on properties with limited unbuilt FAR. The Draft Ordinance exempts up to 800 square feet from the FAR standards, consistent with current Ordinance and State law. The language also clarifies that the increased FAR standard is not applicable to JADUs, which are subject to the regular house FAR requirements.

Lot coverage: The current Ordinance requires that ADUs comply with the regulations of the Zone, while exempting up to 800 square feet of coverage for an ADU consistent with State law.

The current language is silent on the accessory structure lot coverage limitations included in Section 29.40.015 (A)(5) of the Town Code, limiting accessory structure lot coverage to no more than 15 percent of the lot area exclusive of the required yard areas. This creates some conflict between these two sets of regulations, with staff deferring to the State law requirements to exempt 800 square feet of coverage. The draft lot coverage language exempts ADUs and JADUs from the zone’s lot coverage limitations and the accessory structure lot coverage, regardless of size. This draft language is more permissible than the current Ordinance; is consistent with State law which states that lot coverage cannot be used to preclude the development of an 800-square foot ADU; and aligns with the Town’s Housing Element by removing barriers to development of ADUs and JADUs.

Parking: The parking regulations in the Draft Ordinance remain largely unchanged. Some reorganization has occurred to group all exceptions together.

Design standards: The current Ordinance includes a “design, form, materials, and color” section whose purpose is to ensure that an ADU is compatible with the primary dwelling and the neighborhood and that it maintains the residential appearance of the property. The current Ordinance lacks clear objective criteria that can be enforced in the effort to achieve this purpose. Additionally, the current Ordinance prohibits entrances serving an ADU on a streetfacing elevation; a requirement that HCD has deemed inconsistent with State law. The Draft Ordinance would add enforceable objective design standards intended to meet the stated purpose. The Draft Ordinance would also introduce objective design standards aimed at protecting the privacy of adjacent properties. The draft standards would limit second-story window types for an ADU/JADU within 10 feet of a side or rear property line and prohibit balconies, rooftop terraces, and second-story decks. Since these design standards are objective, they would be consistent with State law. These design standards are consistent with some of those included in the recently adopted SB 9 Ordinance.

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PAGE 5 of 11
SUBJECT: ADU Ordinance Amendments
DATE: September 8, 2023
DISCUSSION (continued):

Additional development standards: In addition to the new design standards, the Draft Ordinance introduces a number of development standards that are consistent with those in the recently adopted SB 9 Ordinance. These development standards are related to cut and fill; retaining walls; light reflectivity value in the hillside area; landscaping; lighting; trees; and stormwater management. Since these development standards are objective, they would be consistent with State law.

Conveyance: The draft conveyance subsection allows an ADU to be rented, but not sold separately from the primary dwelling except as provided in CA Government Code Section 65852.26. This section of the Government Code allows separate sale of an ADU to a qualified buyer (persons and families of low or moderate income) when the residence and/or the ADU was built or developed by a qualified nonprofit corporation. The sale must meet all of the conditions detailed in CA Government Code Section 65852.26.

Other requirements and restrictions: The regulations in the following subsections remain unchanged in the Draft Ordinance:
• Town Codes and ordinances;
• Building Codes;
• Rentals longer than 30 days; and
• Maximum number of dogs, cats, or litters.

Sec. 29.10.325. Accessory dwelling unit development standards.

The Draft Ordinance includes a new section that provides requirements and regulations specific to ADU projects. A separate section specific to JADU projects follows.

Location: The regulations in the location subsection of the Draft Ordinance remain consistent with the current Ordinance. The regulations pertaining to historic resources have expanded to detail what is considered a historic resource by the Town.

Setbacks: The Draft Ordinance includes a revised setbacks section that expands upon the current Ordinance and reorganizes setback requirements into a table. The new table separates ADU setback requirements for single-family and multi-family properties and provides regulations specific to several development scenarios.

Maximum unit size: The Draft Ordinance continues to limit the size of an ADU to 1,200 square feet and clarifies that detached ADUs are not subject to a discretionary application process as may be required for other detached accessory structures of certain sizes. As required by State law, the Draft Ordinance restricts the size ratio of an ADU to primary dwelling to 50 percent for

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PAGE 6 of 11
SUBJECT: ADU Ordinance Amendments
DATE: September 8, 2023
DISCUSSION (continued):

ADU not created through conversion of existing space. An exception is included that exempts up to 800 square feet of an attached ADU from the ratio restriction.

Maximum number of bedrooms: The Draft Ordinance reflects guidance from HCD that clarifies that the Town cannot impose a maximum number of bedrooms in an ADU.

Stories: The regulations in the stories subsection of the Draft Ordinance remain consistent with the current Ordinance; however the language has been revised slightly.

Height: The height regulations in the Draft Ordinance replace those included in the current Ordinance to align with State law. The draft regulations provide four different maximum heights based on different scenarios:
• 16 feet for a detached ADU on a property with a proposed or existing single-family or multifamily dwelling throughout the Town; • 18 feet when located within one-half mile walking distance of a major transit stop or highquality transit corridor, which are terms defined by the State. Currently, there is only one VTA bus route meeting the State’s definitions that runs along a short portion of Los Gatos Boulevard and Samaritan Drive adjacent to the Town boundary. Only properties within one-half mile walking distance of this bus route would be allowed an ADU with a maximum height of 18 feet;
• 18 feet for a detached ADU on a property with a proposed or existing multi-family, multistory dwelling; and • 25 feet or the height limitation of the zone for an ADU attached to a proposed or exiting two-story primary dwelling.

The height regulations in the Draft Ordinance continue to allow for an ADU to be constructed directly above an existing one-story detached accessory structure on a lot with a proposed or existing two-story residence. The Draft Ordinance clarifies that an ADU constructed above a detached structure may not be internally connected to the structure below, consistent with the Town’s limitation that ADUs be located within a single story.

Entrances: The Draft Ordinance requires that attached ADUs include a separate entrance from the main entrance to the proposed or existing primary dwelling, including those located on the second floor. Further, a passageway connecting the ADU to the street is allowed, but not required.

Interior connection: The Draft Ordinance allows for, but does not require, interior connections between the primary dwelling and the attached ADUs.

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PAGE 7 of 11
SUBJECT: ADU Ordinance Amendments
DATE: September 8, 2023
DISCUSSION (continued):

Conversion of existing floor area: The regulations in the Draft Ordinance pertaining to converting existing floor area to an ADU remain unchanged.

Density: As required by State law, the Draft Ordinance deems ADUs an accessory use that shall not be considered to exceed the allowable density of the zone and that ADUs are a residential use that is consistent with the General Plan and the zone.

Fire Sprinklers: The revised language in the Draft Ordinance pertaining to fire sprinklers reflects the limitations imposed by the State law.

Sec. 29.10.330. Junior accessory dwelling unit development standards.

The current Ordinance contains all regulations specific to JADUs within the definition of a junior accessory dwelling unit. The Draft Ordinance continues to include a definition for a JADU but moves the requirements and regulations for JADUs into a new section. All the requirements and regulations for JADUs in the Draft Ordinance have been updated to reflect State law and guidance from HCD.

Location: The current Ordinance allows a JADU within the proposed or existing space of a primary dwelling or detached ADU. The Draft Ordinance specifies that a JADU may only be located within the proposed or existing space of a single-family residence consistent with State law. This change clarifies that a JADU may not be located within the space of a detached ADU or multi-family dwelling.

Setbacks: The Draft Ordinance specifies that a JADU shall be subject to the setback requirements of the zone for a single-family residence, or the setbacks established by an existing single-family residence, whichever is less. This allows for an existing legal nonconforming setback of a single-family residence to be continued consistent with Section

29.10.245 (e)(1) of the Town Code.

Maximum unit size: The Draft Ordinance specifies that the maximum size of a JADU is 500 square feet, consistent with State law.

Entrances: The Draft Ordinance requires that JADUs include a separate entrance from the main entrance to the proposed or existing primary dwelling, including those located on the second floor. If the JADU shares a bathroom with the single-family residence, as allowed by State law, an interior doorway must be provided between the JADU and the living area of the single-family dwelling. Further, a passageway connecting the ADU to the street is allowed, but not required.

Kitchen: The Draft Ordinance clarifies that a JADU may include either a kitchen or an efficiency kitchen, as defined in the definitions section of the Draft Ordinance.

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PAGE 8 of 11
SUBJECT: ADU Ordinance Amendments
DATE: September 8, 2023
DISCUSSION (continued):

Sanitation facilities: The Draft Ordinance allows for a JADU to share a bathroom with the singlefamily residence, consistent with State law, and requires a doorway between the JADU and the living space of the single-family residence.

Owner-occupancy: Pursuant to State law, the property owner shall reside in either the JADU or the remaining portion of the single-family residence. The Draft Ordinance reflects this requirement.

Deed restriction: Consistent with State law, the Draft Ordinance requires that a Deed Restriction be recorded prohibiting the sale of the JADU separate from the single-family residence; restricting the size and attributes of the JADU; and requiring owner-occupancy of the JADU or the remaining portion of the single-family residence.

Fire or life protection: The Draft Ordinance clarifies that a JADU shall not be considered a separate or new dwelling unit for the purposes of fire or life protection.

Sec. 29.10.335. Unpermitted units.

The Draft Ordinance includes regulations pertaining to unpermitted ADUs/JADUs. The new section establishes applicability and outlines a process for remedy, which includes the review process established under Section 29.10.315 of the Draft Ordinance.

Sec. 29.10.340. Nonconforming accessory dwelling units and junior accessory dwelling units.

A nonconforming accessory dwelling unit is a term defined in the current and Draft Ordinances.

The definition recognizes situations where an ADU or JADU is created lawfully, but made nonconforming through changes to the Town Code or annexation from the County. The Draft Ordinance eliminates outdated requirements for a nonconforming ADU/JADU contained in the current Ordinance and defaults review to draft Section 29.10.315 (Review process).

Sec. 29.10.350. Elimination and/or demolition of existing accessory dwelling units and/or junior accessory dwelling units.

The regulations in the Draft Ordinance regarding elimination and/or demolition of existing ADUs/JADUs remain largely unchanged.

Sec. 29.10.355. Legal nonconforming zoning conditions.

Consistent with State law, the Draft Ordinance indicates that the Town cannot deny a permit for an ADU or JADU based on the need to correct a legal nonconforming zoning condition,

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PAGE 9 of 11
SUBJECT: ADU Ordinance Amendments
DATE: September 8, 2023
DISCUSSION (continued):

Building Code violation, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the ADU/JADU.

Sec. 29.10.360. Utilities.

Consistent with State law, the Draft Ordinance clarifies that separate utility connections may be required and that a connection fee may apply. The Draft Ordinance outlines scenarios when separate connections may not apply.

Sec. 29.10.365. Fees.

Connection fees and capacity charges: The Draft Ordinance indicates that an ADU shall not be considered a new residential unit for the purposes of calculating utility connection fees.

Impact fees: Consistent with State law, the Draft Ordinance exempts ADUs less than 750 square feet and all JADUs from impact fees proposed by the Town. When an impact fee does apply, the Draft Ordinance establishes that the fee be charged proportionally in relation to the square footage of the primary dwelling unit. Further, the Draft Ordinance specifies that an ADU that is 750 square feet or greater is subject to the Town’s Transportation Impact Policy 1-08 (Exhibit 8), as may be amended from time to time, which currently exempts all ADUs from traffic impact fees regardless of size.

Amendments to other Code Sections.

Since the Draft Ordinance includes a reorganization of the ADU/JADU regulations, several minor changes are required in other Sections of Chapter 29 to update cross-referencing and update terminology. The following impacted sections are included in the Draft Ordinance:
• Sec. 29.10.195. Termination of nonconforming use status. • Sec. 29.10.630. Requirements.
• Sec. 29.20.960. Civil penalties.

PUBLIC COMMENTS:

Staff conducted outreach through the following media and social media resources, as well as direct communication with stakeholders as summarized below:
• The Town’s website home page, What’s New;
• The Town’s Facebook page;
• The Town’s Twitter account;
• The Town’s Instagram account;

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PAGE 10 of 11
SUBJECT: ADU Ordinance Amendments
DATE: September 8, 2023
PUBLIC COMMENTS (continued):
• The Town’s NextDoor page; and
• Direct email communication to local architects and designers.

CEQA DETERMINATION:

CONCLUSION:

A. Summary
The Draft Ordinance aligns the Town’s ADU/JADU regulations with State law, responds to HCD feedback, and addresses privacy impacts created by construction of new ADUs. The Draft Ordinance provides a clear set of regulations and process framework for residents to follow when pursuing an ADU/JADU project. The Draft Ordinance also corrects outdated references to sections of the Town Code included in sections pertaining to termination of nonconforming use status, requirements for a two-unit development under Senate Bill 9 (SB 9), and civil penalties.

B. Recommendation
Staff recommends that the Planning Commission review the information included in the staff report and forward a recommendation to the Town Council for approval of the amendments to Chapter 29 of the Town Code in the Draft Ordinance Amendments (Exhibit 2). The Planning Commission should also include any comments or recommended changes to the Draft Ordinance in taking the following actions:

2. Make the required finding that the amendments to Chapter 29 of the Town Code in the Draft Ordinance are consistent with the General Plan (Exhibit 1); and

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PAGE 11 of 11
SUBJECT: ADU Ordinance Amendments
DATE: September 8, 2023
CONCLUSION (continued):

3. Forward a recommendation to the Town Council for approval of the amendments to Chapter 29 of the Town Code in the Draft Ordinance (Exhibit 2).

C. Alternatives
Alternatively, the Commission can:

1. Forward a recommendation to the Town Council for approval of the Draft Ordinance with modifications; or

2. Forward a recommendation to the Town Council for no changes to the Town Code; or

3. Continue the matter to a date certain with specific direction.

EXHIBITS:

1. Required Findings

2. Draft Ordinance Amendments

3. Senate Bill 897

4. Assembly Bill 2221

5. CA Government Code Sections 65852.2, 65852.22, 65852.23, and 65852.26

6. Current Town ADU/JADU Ordinance

7. Disposition of Current Ordinance

8. Transportation Impact Policy 1-08

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PLANNING COMMISSION – September 13, 2023
REQUIRED FINDINGS FOR:

Town Code Amendment Application A-23-002
Forward a Recommendation to the Town Council on Amendments to Chapter 29 (Zoning Regulations) of the Town Code Regarding Accessory Dwelling Units. The Environmental Impacts of the Proposed Amendments to the Town Code were Analyzed in the Environmental Impact Report for the 2040 General Plan. Additionally, the Proposed Amendments are Exempt Pursuant to CEQA, Section 15061(b)(3).

FINDINGS
Required Findings for CEQA:
• The environmental impacts of the proposed amendments to the Town Code were analyzed in the Environmental Impact Report for the 2040 General Plan. In addition, the Proposed Amendments are Exempt Pursuant to CEQA, Section 15061(b)(3), because it can be seen with certainty that they will not significantly affect the physical environment in that they make minor changes to the regulations applicable to accessory dwelling units and junior accessory dwelling units.

Required Findings for General Plan:
• The amendments to Chapter 29 of the Town Code regarding accessory dwelling units are consistent with the General Plan.

EXHIBIT 1
S:\PLANNING COMMISSION REPORTS\2023\09-13-2023\ITEM X - ADU ORDINANCE AMENDMENTS\EXHIBIT 1 - REQUIRED FINDINGS.DOCX

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1 DIVISION 7. ACCESSORY DWELLING UNITS
2 Sec. 29.10.305. Intent and authority.
3 This Division is adopted to comply with amendments to Government Code §§ 65852.2, 65852.22, 65852.23, 4 and 65852.26, which mandate that applications for accessory dwelling units be considered ministerially without a 5 public hearing; and sets Town standards for the development of accessory dwelling units in order to increase the 6 supply of affordable housing in a manner that is compatible with existing neighborhoods. 7 Sec. 29.10.310. Definitions.
8 The following words, terms, and phrases, when used in these accessory dwelling unit regulations, shall have the 9 meanings ascribed to them in this section:
10 Accessory dwelling unit means a detached or attached residential dwelling unit that is located on the same 11 parcel as a proposed or existing primary dwelling. It shall provide complete independent living facilities for one or 12 more persons with permanent provisions for living, sleeping, eating, cooking, and sanitation. An accessory dwelling 13 unit also includes efficiency units and manufactured homes. 14 (1) A detached accessory dwelling unit is physically separate from a primary dwelling. 15 (2) An attached accessory dwelling unit is contained within the space of and/or physically attached to a 16 proposed or existing primary dwelling.
17 Efficiency kitchen means a limited kitchen that includes a cooking facility with appliances, a food preparation 18 counter, and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling 19 unit. Examples of cooking appliances that may be used are: microwave ovens, hot plates, and similar appliances 20 intended for use on top of a countertop. Refrigerator size is not limited. 21 Efficiency unit has the meaning set forth in Section 17958.1 of the Health and Safety Code. 22 High-quality transit corridor has the meaning set forth in Section 21155 of the Public Resources Code. 23 Junior accessory dwelling unit means a dwelling unit that does not exceed a floor area of five hundred (500) 24 square feet and is entirely contained within the space of a proposed or existing single-family residence. For the 25 purposes of this definition, enclosed spaces within the single-family residence, such as attached garages, are 26 considered a part of the proposed or existing single-family residence. 27 Kitchen means a cooking facility that includes a permanently installed cooking appliance, sink, refrigerator, food 28 preparation counter, and storage cabinets that are of reasonable size in relation to the size of the dwelling unit. 29 Legal nonconforming zoning condition means a physical improvement on a property that was lawful when it was 30 constructed but does not conform with current zoning standards. 31 Living area means the interior habitable area of a dwelling unit, including basements and attics, but does not 32 include a garage or any accessory structure.
33 Major transit stop has the meaning set forth in Section 21155 of the Public Resources Code. 34 Manufactured home has the meaning set forth in Section 18007 of the Health and Safety Code. 35 Nonconforming accessory dwelling unit means a unit that exists under the following circumstances:
36 (1) A unit which was created or converted lawfully but, which due to a zone change or an amendment to 37 the zoning ordinance, has become nonconforming; or
38 (2) A unit which was created lawfully while within the County, but which upon annexation to the Town, 39 became nonconforming.

EXHIBIT 2

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40 Objective design standards means standards that involve no personal or subjective judgment by a public official 41 and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and 42 knowable by both the development applicant or proponent and the public official prior to submittal. 43 Passageway means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of 44 the accessory dwelling unit and/or junior accessory dwelling unit. 45 Proposed dwelling means a dwelling that is the subject of a permit application and that meets the requirements 46 for permitting.
47 Public transit means a location, such as a bus stop or train station, where the public may access buses, trains, 48 subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the 49 public.
50 Tandem parking means that two or more automobiles are parked on a driveway or in any other location on a lot, 51 lined up behind one another.
52 Unpermitted accessory dwelling unit means a dwelling unit that was created through the construction of a new 53 structure or expansion of an existing structure without the benefit of a Building Permit (at a time when a Building 54 Permit was required) and that cannot be otherwise legalized because it does not comply with development 55 standards provided in this Chapter.
56 Sec. 29.10.315. Review process.
57 (a) Development of an accessory dwelling unit and/or junior accessory dwelling unit consistent with this Division 58 shall be reviewed ministerially as a Building Permit and the Town shall take final action within sixty (60) days 59 of submittal of a complete application.
60 (1) When an accessory dwelling unit and/or junior accessory dwelling unit is proposed in conjunction with a 61 permit application to create a new single-family or multi-family dwelling, the Town shall not take final 62 action on the accessory dwelling unit and/or junior accessory dwelling unit until the application for the 63 new single-family or multi-family dwelling is approved. 64 (2) The Town shall not issue a Certificate of Occupancy for an accessory dwelling and/or junior accessory 65 dwelling unit before the Town issues a Certificate of Occupancy for the primary dwelling. 66 (b) Notification. The Town shall not require, and the applicant shall not be otherwise required to provide written 67 notice or post a placard for construction of an accessory dwelling unit and/or junior accessory dwelling unit. 68 (c) Denial. An application may be denied if it does not meet the design and development standards. An 69 application may also be denied if the following findings are made:
70 (1) Adverse impacts on health, safety, and/or welfare of the public. 71 (d) Appeals. Accessory dwelling units and junior accessory dwelling units that are consistent with this Division are 72 ministerial and are not subject to an appeal.
73 Sec. 29.10.320. General requirements and restrictions. 74 (a) Incentive program. Any accessory dwelling unit or junior accessory dwelling unit developed under an Incentive 75 Program which may be established by Resolution of the Town Council shall be made affordable to eligible 76 applicants pursuant to the requirements of the Incentive Program. A Deed Restriction shall be recorded 77 specifying that the accessory dwelling unit or junior accessory dwelling unit shall be offered at a reduced rent 78 that is affordable to a lower income renter (less than eighty (80) percent AMI) provided that the unit is 79 occupied by someone other than a member of the household occupying the primary dwelling. 80 (b) Parcel requirements. An accessory dwelling unit and/or junior accessory dwelling unit may only be created on 81 parcels satisfying all the following general requirements:
82 (1) Permitted zones. A parcel zoned to allow single-family or multi-family residential use.

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83 (2) Dwelling unit. A parcel that includes a proposed or existing primary dwelling. 84 (c) Number. Accessory dwelling units and/or a junior accessory dwelling unit may be permitted on a residential 85 parcel as follows:
86 (1) Single-family development. Not more than one (1) junior accessory dwelling unit contained within the 87 space of a proposed or existing single-family dwelling, and one (1) accessory dwelling unit, may be 88 permitted on a lot with a proposed or existing primary dwelling. 89 (2) Multi-family development. Not more than a number equal to twenty-five (25) percent of the existing 90 multi-family dwelling units rounded-up to the next whole number, within the portions of an existing 91 multi-family dwelling not used as livable space (such as storage rooms, boiler rooms, passageways, attics, 92 basements, or garages), and two (2) detached accessory dwelling units, may be permitted on a lot with a 93 proposed or existing multi-family dwelling.
94 (d) Floor area ratio (FAR) standards.
95 (1) Accessory dwelling units. Accessory dwelling units (attached or detached) are allowed a ten (10) percent 96 increase in the floor area ratio standards for all structures, excluding garages. Exception: Up to eight 97 hundred (800) square feet of gross floor area of an accessory dwelling unit shall be exempt from the 98 applicable FAR standards. This subsection does not apply to junior accessory dwelling units. 99 (2) Junior accessory dwelling units. Junior accessory dwelling units are subject to the floor area ratio 100 standards for all structures, excluding garages.
101 (e) Lot coverage. Accessory dwelling units and junior accessory dwelling units are exempt from the lot coverage 102 standards applicable to the zone and the accessory structure lot coverage limitations included in Section 103 29.40.015 (A)(5).
104 (f) Parking. One (1) parking space per accessory dwelling unit or per bedroom, whichever is less, shall be 105 provided in addition to the required minimum number of parking spaces for the primary dwelling. These 106 spaces may be provided in a front or side setback abutting a street on a driveway (provided that it is feasible 107 based on specific site or fire and life safety conditions) or through tandem parking. In addition to parking 108 otherwise required for units as set forth in section 29.10.150 of the Town Code, the number of off-street 109 parking spaces required by this Chapter for the primary dwelling shall be provided prior to the issuance of a 110 Building Permit or final inspection, for a new accessory dwelling unit. 111 (1) Exceptions. No parking space shall be required under any of the following conditions:
112 a. No additional parking shall be required for a junior accessory dwelling unit. 113 b. The accessory dwelling unit is located within one-half mile walking distance of public transit. 114 c. The accessory dwelling unit is located within an architecturally and historically significant historic 115 district.
116 d. The accessory dwelling unit is contained within the proposed or existing space of, or constructed in 117 substantially the same location and manner as, an existing primary dwelling or accessory structure. 118 e. When on-street parking permits are required but not offered to the occupant of the accessory 119 dwelling unit.
120 f. When there is a car share vehicle (as defined by the California Vehicle Code) located within one (1) 121 block of the accessory dwelling unit.
122 g. When a permit application for an accessory dwelling unit is submitted with a permit application to 123 create a new single-family dwelling or multi-family dwelling on the same lot. 124 h. When a garage is demolished in conjunction with the construction of an accessory dwelling unit, or 125 converted to an accessory dwelling unit, any lost off-street parking spaces required for the primary 126 dwelling shall not be required to be replaced.
127 i. When the Director finds that the lot does not have adequate area to provide parking. 128 (g) Design standards. The purpose of these objective design standards is to ensure that the residential 129 appearance of a property is maintained and that an accessory dwelling unit and/or junior accessory dwelling

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130 unit are compatible with the primary dwelling and the neighborhood. The following objective design 131 standards apply to the construction of an accessory dwelling unit and/or junior accessory dwelling unit:
132 (1) Front entryway. A front entryway framing a front door shall have a roof eave that matches or connects at 133 the level of the adjacent eave line.
134 (2) Front porch. If proposed, front porches shall have a minimum depth of six (6) feet and a minimum width 135 equal to twenty-five (25) percent of the linear width of the front elevation. 136 (3) Windows. All second-story windows less than ten (10) feet from rear and/or side property lines shall be 137 clerestory with the bottom of the glass at least six (6) feet above the finished floor, except as necessary 138 for egress purposes as required by the Building Code. 139 (4) Balconies and Decks. Balconies, rooftop terraces, and second-story decks are prohibited for all accessory 140 dwelling units and junior accessory dwelling units. 141 (h) Grading.
142 (1) To the extent required by Chapter 12, Article II and Section 29.10.09045 (b) of the Town Code, the grading 143 activities set forth in subsection (2) below may require a Grading Permit, but will not require discretionary 144 review of an Architecture and Site Application.
145 (2) Grading activities associated with the construction of an accessory dwelling unit and/or junior accessory 146 dwelling unit shall not exceed fifty (50) cubic yards, cut plus fill, except:
147 a. Light wells that do not exceed the minimum required by the Building Code shall not count as grading 148 activity for the purpose of this section.
149 b. Excavation within the footprint of a proposed accessory dwelling unit shall not count as grading 150 activity for the purpose of this section.
151 (i) Cut and fill. Construction of an accessory dwelling unit and/or a junior accessory dwelling unit shall be subject 152 to the cut and fill requirements specified by Table 1-1 (Cut and Fill Requirements for Accessory Dwelling Units 153 and Junior Accessory Dwelling Units) below:

Table 1-1 – Cut and Fill Requirements for Accessory Dwelling Units and Junior Accessory Dwelling Units
Site Element Cut* Fill*
Accessory dwelling unit/junior accessory dwelling
unit
4 feet 3 feet
Driveways** 4 feet 3 feet
Other (decks, yards)* 4 feet 3 feet
* Combined depths of cut plus fill for an accessory dwelling unit or junior accessory dwelling unit shall be limited to six (6) feet.
** Excludes cut and fill for the minimum driveway and fire access standards as required by the Santa Clara County Fire Department.
154 (j) Retaining walls. Retaining walls shall not exceed five (5) feet in height and shall not run in a continuous 155 direction for more than fifty (50) feet without a break, offset, or planting pocket. Retaining walls shall have a 156 five (5) foot landscape buffer adjacent to the street. 157 (k) Light reflectivity value. Exterior materials for accessory dwelling units and/or junior accessory dwelling units in 158 the Hillside Overlay shall comply with requirements in Chapter V, Section I, of the Town’s Hillside 159 Development Standards and Guidelines.

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160 (l) Landscaping. All landscaping shall comply with the California Model Water Efficient Landscape Ordinance 161 (MWELO).
162 (m) Lighting. New exterior lighting fixtures shall be downward directed and utilize shields so that no bulb is visible 163 to ensure that the light is directed to the ground surface and does not spill onto neighboring parcels consistent 164 with Section 29.10.09015 of the Town Code.
165 (n) Trees. Any proposed work shall comply with the protection, removal, and replacement requirements for 166 protected trees in Chapter 29, Article I, Division 2, “Tree Protection,” of the Town Code. 167 (o) Stormwater management. The development shall comply with the requirements of the Town’s National 168 Pollution Discharge Elimination System Permit as implemented by Chapter 22 of the Town Code, and as 169 demonstrated by a grading and drainage plan prepared by a registered civil engineer. 170 (p) Conveyance. Except as provided in CA Government Code Section 65852.26, an accessory dwelling unit may be 171 rented separate from the primary dwelling but may not be sold or otherwise conveyed separate from the 172 primary dwelling.
173 (q) Town codes and ordinances. All accessory dwelling units and junior accessory dwelling units shall comply with 174 all the provisions of this Chapter and other applicable Town Codes. 175 (r) Building codes. All accessory dwelling units and junior accessory dwelling units shall comply with applicable 176 building, health, and fire codes, except that the construction of an accessory dwelling unit shall not constitute 177 a Group R occupancy change under the local building code, as described in Section 310 of the California 178 Building Code (Title 24 of the California Code of Regulations), unless the Building Official or enforcement 179 agency of the local agency makes a written finding based on substantial evidence in the record that the 180 construction of the accessory dwelling unit could have a specific, adverse impact on public health and safety. 181 (s) Rentals longer than 30 days. Rentals for durations of less than thirty (30) days, including short-term rentals (as 182 defined by the California Government Code), are prohibited. 183 (t) Maximum number of dogs, cats, or litters. All accessory dwelling units shall comply with Section 4.40.010 of 184 the Town Code.
185 Sec. 29.10.325. Accessory dwelling unit development standards. 186 An accessory dwelling unit must comply with the following objective development standards:
187 (a) Location.
188 (1) No detached accessory dwelling unit may be constructed in front of the primary dwelling except in the 189 HR zones.
190 (2) No accessory dwelling unit may be constructed in front of a primary dwelling or added to an existing 191 second story of a primary dwelling that is any of the following:
192 a. A Historic Structure, as defined in Section 29.10.020 of the Zoning Code; 193 b. Listed in the Town of Los Gatos Historic Resource Inventory, as defined by Town Code Chapter 29, 194 Article VII, Division 3, “Historic Preservation and LHP or Landmark and Historic Preservation Overlay 195 Zone;” or
196 c. Listed in the California Register of Historical Resources.

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197 (b) Setbacks. Accessory dwelling units shall be subject to the setback requirements specified in Table 1-2 198 (Accessory Dwelling Unit Setback Requirements) below:

Table 1-2. Accessory Dwelling Unit Setback Requirements(1) Single-Family Multi-Family
New
construction
detached
ADU
New attached
ADU within the
existing space of
the primary
dwelling(2) or
accessory
structure
New attached
ADU within the
proposed space of
the primary
dwelling
New construction
detached ADU
Conversion of
portions existing
multi-family
dwelling not used
as livable space(3)
Conversion of
existing accessory
structure(s)
Front Per the
applicable
zoning
district(4)
N/A
Per the applicable
zoning district
Per the applicable
zoning district
N/A N/A Rear 4 feet
minimum Sufficient for fire
and safety
4 feet minimum
Side (including
street-side)
4 feet
minimum
4 feet minimum
From any other
structure located
on the same lot(5)
5 feet
minimum
N/A 5 feet minimum 5 feet minimum N/A N/A
(1) Cornices, eaves, belt courses, sills, canopies, bay windows, chimneys, or other similar architectural features may extend into required setbacks as specified in Section 29.40.070 (b) of the Zoning Code. (2) Includes attached garages.
(3) Such as storage rooms, boiler rooms, passageways, attics, basements, or garages. (4) Front setback requirements shall not preclude construction of an 800 square-foot accessory dwelling unit. (5) Measured from the exterior wall surface and/or supporting posts. 199 (c) Maximum unit size.
200 (1) The maximum floor area of an accessory dwelling unit is one thousand two hundred (1,200) square 201 feet.
202 (2) An attached accessory dwelling unit that is not created though conversion of existing space shall not 203 exceed fifty (50) percent of the size of the existing primary dwelling. Exception: Up to eight hundred 204 (800) square feet of gross floor area of an attached accessory dwelling unit shall be exempt from this 205 subsection.
206 (3) Detached accessory dwelling units exceeding a combined square footage of four hundred fifty (450) 207 square feet in the R-1, R-D, R-M, RMH, and R-1D zones shall not be subject to the Administrative 208 Procedure for Minor Residential Projects. Detached accessory dwelling units exceeding a combined 209 square footage of six hundred (600) or one thousand (1,000) square feet in the HR and RC zones shall 210 not be subject to Development Review Committee or Planning Commission approval. 211 (d) Maximum number of bedrooms. There is no limit on the number of bedrooms in an accessory dwelling unit. 212 (e) Stories. Accessory dwelling units shall be contained within one (1) story. 213 (f) Height. Accessory dwelling units shall be subject to the height requirements below:
214 (1) A height of sixteen (16) feet for a detached accessory dwelling unit on a lot with a proposed or existing 215 single-family or multi-family dwelling.

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216 (2) A height of eighteen (18) feet for a detached accessory dwelling unit on a lot with a proposed or 217 existing single-family or multi-family dwelling that is within one-half of one mile walking distance of a 218 major transit stop or a high-quality transit corridor. An additional two feet in height shall be provided 219 to accommodate a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the 220 primary dwelling unit.
221 (3) A height of eighteen (18) feet for a detached accessory dwelling unit on a lot with a proposed or 222 existing multi-family, multi-story dwelling.
223 (4) A height of twenty-five (25) feet or the height limitation of the applicable zoning district that applies to 224 the primary dwelling, whichever is lower, for an accessory dwelling unit that is attached to a proposed 225 or existing two-story primary dwelling.
226 (5) Accessory dwelling units may be added directly above an existing one-story accessory structure on a 227 property with a proposed or existing two-story primary dwelling in the R-1, R-D, R-M, RMH, and R-1D 228 zones. These second-story accessory dwelling units may not be internally connected to the accessory 229 structure below by an interior staircase.
230 (g) Entrances. Attached accessory dwelling units shall include a separate entrance from the main entrance to the 231 proposed or existing primary dwelling. An accessory dwelling unit contained on a second story shall be served 232 by a separate, dedicated interior or exterior stairway. A passageway from the accessory dwelling unit to a 233 public street may be created but shall not be required by the Town. 234 (h) Interior connection. An attached accessory dwelling unit may, but shall not be required to, contain an interior 235 doorway connection between the primary dwelling and the accessory dwelling unit. 236 (i) Conversion of existing floor area. An accessory dwelling unit shall be permitted if the accessory dwelling unit 237 is contained within the existing space of, or constructed in the same location and manner as, an existing 238 primary dwelling or accessory structure. The following provisions shall apply:
239 (1) The accessory dwelling unit shall be located on a lot zoned to allow single-family, two-family, or multi240 family residential use. 241 (2) The accessory dwelling unit shall have separate entrance from the primary dwelling. 242 (3) The accessory dwelling unit shall have existing side and rear setbacks sufficient for fire safety. 243 (4) An expansion of one hundred fifty (150) square feet beyond the physical dimensions of an existing 244 structure, limited to accommodating ingress and egress, shall be permitted. 245 (5) When an existing structure is nonconforming as to setback standards and converted to an accessory 246 dwelling unit, any expansion of that structure may not be nearer to a property line than the existing 247 building in accordance with section 29.10.245.
248 (j) Density. Accessory dwelling units that conform to California Government Code Section 65852.2 shall be 249 deemed an accessory use and shall not be considered to exceed the allowable density for the lot upon which 250 the accessory dwelling unit is located, and that accessory dwelling units are a residential use that is consistent 251 with the existing General Plan and zoning designation for the lot. 252 (k) Fire sprinklers. Accessory dwelling units shall not be required to provide fire sprinklers if they are not required 253 for the primary residence. The construction of an accessory dwelling unit shall not trigger a requirement for 254 fire sprinklers to be installed in the existing primary dwelling. 255 Sec. 29.10.330. Junior accessory dwelling unit development standards. 256 (a) Location. A junior accessory dwelling unit shall be constructed entirely within the walls of the proposed or 257 existing single-family residence. For the purposes of this paragraph, enclosed uses within the residence, such 258 as attached garages, are considered a part of the proposed or existing single-family residence. Junior 259 accessory dwelling units may not be located within the space of, or attached to, a detached accessory 260 structure of any type.

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261 (b) Setbacks. A junior accessory dwelling unit shall be subject to the setback requirements of the applicable 262 zoning district for a single-family residence or the setbacks established by the existing single-family residence 263 within which the junior accessory dwelling unit is located, whichever is less and sufficient for fire safety. 264 (c) Maximum unit size. The maximum floor area of a junior accessory dwelling unit is five hundred (500) square 265 feet, measured from the outer face of exterior walls and the centerline of shared interior walls. 266 (d) Entrances. A junior accessory dwelling unit shall include a separate entrance from the main entrance to the 267 proposed or existing single-family residence. When separate sanitation facilities are not included within the 268 space of the junior accessory dwelling unit, an interior entry into the main living area of the primary dwelling 269 shall be provided in addition to the separate entrance from the main entrance to the proposed or existing 270 single-family residence. A junior accessory dwelling unit contained on a second story shall be served by a 271 separate, dedicated interior or exterior stairway. A passageway from the accessory dwelling unit to a public 272 street may be created but shall not be required by the Town. 273 (e) Kitchen. A junior accessory dwelling unit shall contain a kitchen or an efficiency kitchen. 274 (f) Sanitation facilities. A junior accessory dwelling unit may include separate sanitation facilities, or it may share 275 sanitation facilities with the single-family residence. If sanitation facilities are not provided within the space of 276 the junior accessory dwelling unit, an interior doorway shall be provided between the junior accessory 277 dwelling unit and the living area of the single-family dwelling. 278 (g) Owner-occupancy. The property owner shall reside in the single-family residence in which the junior accessory 279 dwelling unit will be located. The property owner may reside in either the remaining portion of the single280 family residence or the newly created junior accessory dwelling unit. Owner-occupancy shall not be required 281 if the owner is another governmental agency, land trust, or housing organization. 282 (h) Deed Restriction. Prior to Building Permit issuance, the applicant shall record a Deed Restriction in the form 283 prescribed by the Town, which shall run with the land and provide for all the following:
284 (1) A prohibition on the sale of the junior accessory dwelling unit separate from the sale of the single285 family residence, including a statement that the deed restriction may be enforced against future 286 purchasers.
287 (2) A restriction on the size and attributes of the junior accessory dwelling unit that conforms with this 288 section.
289 (3) Owner-occupancy consistent with this section.
290 (i) Fire or life protection. For purposes of any fire or life protection ordinance or regulation, a junior accessory 291 dwelling unit shall not be considered a separate or new dwelling unit. 292 Sec. 29.10.335. Unpermitted units.
293 This section provides a mechanism to legalize unpermitted accessory dwelling in compliance with 294 Government Code Section 65852.23.
295 (a) Applicability. This section applies to accessory dwelling units that were unlawfully constructed prior to 296 January 1, 2018, and that have not been deemed substandard pursuant to Section 17920.3 of the Health 297 and Safety Code by the building official. The Community Development Director may determine 298 construction date by any credible means warranted, including use of aerial photography, county records, 299 photographs, and signed affidavits.
300 (b) Relief. The Town shall not deny a permit to legalize an unpermitted accessory dwelling solely due to either 301 of the following:
302 (1) The accessory dwelling unit is in violation of building standards pursuant to Article 1 (commencing 303 with Section 17960) of Chapter 5 of Part 1.5 of Division 13 of the Health and Safety Code; or

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304 (2) The accessory dwelling unit does not comply with Government Code Section 65852.2; or 305 (3) The accessory dwelling unit does not comply with this Chapter. 306 (c) Approval. An unpermitted accessory dwelling unit may be legalized in compliance with Section 29.10.315 307 (Review Process).
308 (d) Enforcement. A property owner who makes known to the Town the existence of an unpermitted accessory 309 dwelling unit but who fails to obtain and finalize a Building Permit, shall be subject to enforcement and 310 penalties as specified by Division 9 of this Chapter. 311 (e) Exception. The Town may deny a permit to legalize an unpermitted accessory dwelling unit and instead 312 require correction of the violation(s) if the Building Official makes a finding that correcting the violation(s) is 313 necessary to protect the health and safety of the public or occupants of the structure. 314 Sec. 29.10.340. Nonconforming accessory dwelling units and junior accessory dwelling units. 315 (a) Permits. The owner of a nonconforming accessory dwelling unit and/or junior accessory dwelling unit, as 316 defined in Section 29.10.310, must obtain a permit in compliance with Section 29.10.315 (Review Process). 317 Where an application has been submitted for a nonconforming accessory dwelling unit and/or junior 318 accessory dwelling unit and Town records do not establish its nonconforming status, the property owner will 319 have sixty (60) days from the date the Town provides notice of its findings to submit any facts and evidence to 320 support a claim that the unit is nonconforming as defined in this Article. If at the end of sixty (60) days 321 evidence has not been submitted by the property owner to establish the accessory dwelling unit and/or junior 322 accessory dwelling unit is nonconforming to the satisfaction of the Community Development Director, the unit 323 shall be determined to be an unpermitted accessory dwelling unit pursuant to section 29.10.3xx and subject to 324 its regulations.
325 (b) Units existing at time of annexation. Upon annexation a lawful accessory dwelling unit and/or junior accessory 326 dwelling unit shall become nonconforming and the owner must either apply for a permit pursuant to Section 327 29.10.315 (Review Process) within one (1) year of the date of annexation. A property owner who makes 328 known to the Town the existence of a nonconforming accessory dwelling unit and/or junior accessory 329 dwelling unit but who fails to obtain and finalize a Building Permit, shall be subject to enforcement and 330 penalties as specified by Division 9 of this chapter. 331 Sec. 29.10.350. Elimination and/or demolition of existing accessory dwelling units and/or 332 junior accessory dwelling units.
333 In order to eliminate and/or demolish, without replacement, an approved accessory dwelling unit and/or 334 junior accessory dwelling unit, the Development Review Committee shall make the finding that the proposed 335 elimination and/or demolition, (without replacement), is consistent with the Town's Housing Element of the 336 General Plan. In order to eliminate and/or demolish an existing accessory dwelling unit, the Development Review 337 Committee must make the demolition findings pursuant to Section 29.10.09030. 338 Sec. 29.10.355. Nonconforming zoning conditions.
339 The Town shall not deny an application for a permit to create an accessory dwelling unit and/or junior 340 accessory dwelling unit based on a need for the correction of nonconforming zoning conditions, building code 341 violations, or unpermitted structures that do not present a threat to public health and safety and that are not 342 affected by the construction of the accessory dwelling unit and/or junior accessory dwelling unit. 343 Sec. 29.10.360. Utilities.
344 (a) An accessory dwelling unit may be required to have a new or separate unity connection, including a separate 345 sewer lateral, between the accessory dwelling unit and the utility. A connection fee or capacity charge may be

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346 charged that is proportionate to the size in square feet of the accessory dwelling unit or its drainage fixture 347 unit (DFU) values.
348 (1) Exceptions: Junior accessory dwelling units, accessory dwelling units within the proposed space of a 349 single-family dwelling, or accessory dwelling units within the existing space of a single-family dwelling or 350 accessory structure are exempt from any requirement to install a new or separate utility connection and 351 to pay any associated connection or capacity fees or charges, unless the accessory dwelling unit was 352 constructed with a new single-family dwelling.
353 Sec. 29.10.365. Fees.
354 (a) Connection fees and capacity charges. An accessory dwelling unit shall not be considered by the Town, special 355 district, or water corporation to be a new residential use for purposes of calculating connection fees or 356 capacity charges for utilities, including water and sewer service, unless the accessory dwelling unit was 357 constructed with a new single-family dwelling.
358 (b) Impact fees. An accessory dwelling unit less than 750 square feet or a junior accessory dwelling unit is exempt 359 from impact fees imposed by the Town, special district, or water corporation. An accessory dwelling 750 360 square feet or greater is subject to the Traffic Impact Fee requirements of the Town’s Traffic Impact Policy 361 (Policy 1-08), as may be amended from time to time. Any impact fees charged for an accessory dwelling unit 362 of 750 square feet or more shall be charged proportionately in relation to the square footage of the primary 363 dwelling unit. For purposes of this subparagraph, “impact fee” has the same meaning as the term “fee” is 364 defined in subdivision (b) of CA Government Code Section 66000, except that it also includes fees specified in 365 Section 66477. “Impact fee” does not include any connection fee or capacity charge charged by a local 366 agency, special district, or water corporation.
367

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368 Sec. 29.10.195. Termination of legal nonconforming use status. 369 (a) Unless this division Division is amended to provide otherwise, the following legal nonconforming uses may 370 continue interminably so long as they conform to the other requirements of this Division:
371 (1) Nonconforming Legal nonconforming residential uses (except nonconforming accessory dwelling units 372 pursuant to Section 29.10.320).
373 (2) Schools.
374 (3) Church uses.
375 (4) Nonresidential uses in the downtown which would otherwise be nonconforming due to zone changes and 376 ordinance amendments which occurred after July 1, 1982. 377 (5) Residential care facilities for the elderly that existed as of January 1, 1988 and are nonconforming only as 378 to parking.
379 (6) Hotels/motels located in residential zones which were converted to multiple-family dwelling units prior to 380 March 22, 1986, if a conditional use permit is obtained. 381 (7) Commercial uses that are nonconforming as to parking if parking has been provided on-site by July 1, 382 1992, or twenty (20) years from the date the use became legal nonconforming, whichever is later. 383 (b) The following legal nonconforming uses shall cease at the end of the following time periods:
384 (1) A junkyard shall cease ninety (90) days from the date it becomes nonconforming. 385 (2) Where there are improvements on land, but of a type for which no Building Permit would currently be 386 required, the legal nonconforming use shall cease three (3) years from the date the use becomes legal 387 nonconforming.
388 (3) Where the land is improved with one (1) or more structures of a type for which a Building Permit would 389 currently be required and the structure(s) are utilized in connection with the legal nonconforming use, the 390 legal nonconforming use shall cease twenty (20) years from March 23, 1966, or twenty (20) years from 391 the date the use became legal nonconforming, whichever is later. 392 (4) When a zoning amendment is adopted after 1981 that causes a use to be legal nonconforming solely by 393 subjecting it to the requirement of obtaining a conditional use permit, all uses affected by the 394 amendment shall apply for a use permit within sixty (60) days after the amendment becomes effective. 395 Failure to make such application within that time shall make the subject use immediately unlawful 396 (5) A business engaged in the retail sales [of] firearms and/or destructive devices shall cease four (4) years 397 from the date it becomes legal nonconforming.
398 (c) If any period of authorized duration is held by a court to be too short and therefore unconstitutional or 399 unlawful on its face or as applied, the period of duration shall be extended to such time as the court 400 determines is lawful.
401

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402 Sec. 29.10.630. Requirements.
403 (e) Floor Area Ratio and Lot Coverage.
404 (1) The maximum floor area ratio and lot coverage shall be as specified by the applicable zoning regulations. 405 (2) For flag/corridor lots, the gross lot size includes the access corridor for the purposes of determining 406 maximum floor area ratio and lot coverage as follows:
407 i. When an easement is used to provide access, the access corridor is included in the gross lot size 408 for the lot granting the easement; and
409 ii. When the access corridor is owned in-fee and is part of the rear lot, the access corridor is 410 included in the gross lot size for the rear lot.
411 (3) The maximum size of the first new residential unit shall not exceed 1,200 square feet. 412 (4) When a two-unit housing development is proposed, a 10 percent increase in the floor area ratio standards 413 for residential structures is allowed, excluding garages, and this increase in floor area cannot be combined 414 with a separate increase for an Accessory Dwelling Unit allowed by Town Code Section 29.10.320. The 415 additional floor area allowed by this subsection shall not exceed 1,200 square feet. 416 (5) Notwithstanding the floor area ratio standards in this subsection, a new two-unit housing development 417 with unit sizes of 800 square feet or less shall be permitted. 418

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419 Sec. 29.20.960. Civil penalties.
420 Notwithstanding section 29.20.950 relating to criminal penalty, any person found to have violated section 421 29.10.0970 shall be liable to pay the Town a civil penalty as prescribed in subsections (1) through (3). Any person 422 found to have violated section 29.10.320 shall be liable to pay the Town a civil penalty as prescribed in subsection 423 (4):
424 (1) Replacing the unlawfully removed tree with a new tree as similar thereto as reasonably feasible, or if 425 such replacement is not feasible because of size or age of tree, with such number of similar trees as will 426 provide reasonably equivalent aesthetic quality based on the determination of the Director of Parks, 427 Forestry and Maintenance Services. Where similar replacement trees will not provide reasonably 428 equivalent aesthetic quality, the Director of Parks, Forestry and Maintenance Services shall calculate 429 the value of the removed tree in accordance with The Guide for Establishing Values of Trees and Other 430 Plants by the International Society of Arboriculture and such value will be the civil penalty for violation 431 of section 29.10.0970 in addition to subsection (2). Where replanting cannot be accomplished to the 432 satisfaction of the Director of Parks, Forestry and Maintenance Services, the amount of the value of the 433 removed tree shall be deposited into the street tree deposit account. 434 (2) The cost of enforcing this chapter Chapter, which shall include all costs, staff time, and attorneys' fees. 435 (3) All replacement trees planted as required by subsection (1) shall be maintained by the property owner 436 under a two-year written maintenance agreement with the Town. 437 (4) A five thousand dollar ($5,000.00) civil penalty shall be imposed against any property owner found in 438 violation of section 29.10.320(b) in addition to any application fees required and the cost for correcting 439 any housing code deficiencies.

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440
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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 89 STATE OF CALIFORNIA

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accessory dwelling unit is detached and on a lot that has an existing multifamily, multistory dwelling, as specified. The bill would increase the maximum 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, asspecified.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 89

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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.
(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.
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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.

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.
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(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.
(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 requirementsthat 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.
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(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) Offstreet parking shall be permitted in setback areas in locations determined by the local agency or through tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions.
(III) This clause shall not apply to 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 sprinklersifthey are notrequired 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 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 issubmitted 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 89

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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 processthat includes only ministerial provisions forthe 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 thatfailsto 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 underthissubdivision. (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. 89

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(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 issubmitted 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 lotsize, 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 89

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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 unitsin 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 islocatedwithin 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 issubmitted 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:
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(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 singlefamily 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 structuresthat are not used aslivable 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.
(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.
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(3) The installation of fire sprinklersshall 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 accordancewithChapter 5 (commencingwith 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 sewerservice, 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 lessthan 750 square feet. Any impactfees 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 89

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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 thatshall 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 sewersystem. Thisfee or charge shall not exceed the reasonable cost of providing this service.
(g) This section does not limit the authority of local agencies to adopt less restrictive requirements for the creation of an accessory dwelling unit. (h) (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 findingsto the local agency asto 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 reasonsthe 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 thissection and addressing the department’s findings, the department shall notify the local agency and may notify the Attorney General that the local agency isin 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 89

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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” hasthe 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 isthe subject of a permit application and that meets the requirements for permitting. (11) “Public transit” means a location, including, but not limited to, a busstop 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 applicationsfor accessory dwelling units.
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(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:
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(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 requirementsthat 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) Offstreet parking shall be permitted in setback areas in locations determined by the local agency or through tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions.
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(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 sprinklersifthey are notrequired forthe 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 costsincurred 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 itemsthat 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 89

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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 processthat includes only ministerial provisions forthe 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 thatfailsto 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 underthissubdivision. (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 89

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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 issubmitted 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:
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(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 unitsin 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 islocatedwithin 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 issubmitted 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:
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(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 singlefamily 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 structuresthat are not used aslivable 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 sprinklersshall 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. 89

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(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 accordancewithChapter 5 (commencingwith 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 sewerservice, 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 lessthan 750 square feet. Any impactfees 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 thatshall be proportionate to the burden of the proposed accessory dwelling 89

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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 sewersystem. Thisfee or charge shall not exceed the reasonable cost of providing this service.
(g) Thissection shallsupersede a conflicting local ordinance. Thissection 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 findingsto the local agency asto 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 reasonsthe 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 thissection and addressing the department’s findings, the department shall notify the local agency and may notify the Attorney General that the local agency isin 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) “Accessorydwelling 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 89

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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” hasthe 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 isthe subject of a permit application and that meets the requirements for permitting. (11) “Public transit” means a location, including, but not limited to, a busstop 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 applicationsfor 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 89

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Section 65583.1, subject to authorization by the department and compliance with this division.
(n) In enforcing building standards pursuant to Article 1 (commencing with Section 17960) of Chapter 5 of Part 1.5 of Division 13 of the Health and Safety Code for an accessory dwelling unit described in paragraph (1) or (2), a local agency, upon request of an owner of an accessory dwelling unit for a delay in enforcement, shall delay enforcement of a building standard, subject to compliance with Section 17980.12 of the Health and Safety Code:
(1) The accessory dwelling unit was built before January 1, 2020. (2) The accessory dwelling unit was built on or after January 1, 2020, in a local jurisdiction that, at the time the accessory dwelling unit was built, had a noncompliant accessory dwelling unit ordinance, but the ordinance is compliant at the time the request is made.

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

SEC. 4. Section 65852.22 of the Government Code is amended to read:
65852.22. (a) Notwithstanding Section 65852.2, a local agency may, by ordinance, provide for the creation of junior accessory dwelling units in single-family residential zones. The ordinance may require a permit to be obtained for the creation of a junior accessory dwelling unit, and shall do all of the following:
(1) Limit the number of junior accessory dwelling units to one per residential lot zoned for single-family residences with a single-family residence built, or proposed to be built, on the lot.
(2) Require owner-occupancy in the single family residence in which the junior accessory dwelling unit will be permitted. The owner may reside in either the remaining portion of the structure or the newly created junior accessory dwelling unit. Owner-occupancy shall not be required ifthe 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 singlefamily 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.
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(B) If a permitted junior accessory dwelling unit does not include a separate bathroom, thepermitted junior accessory dwelling unit shallinclude a separate entrance from the main entrance to the structure, with an 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 cabinetsthat 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 structuresthat 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, 89

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city and county, or other local public entity from adopting an ordinance or regulation relating to fire and life protection requirements within a singlefamily 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 whetherthe 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. (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. 89

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(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 partshall 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 Government Code, and (3) this bill 89

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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 hasthe authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.

O
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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 fullset 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.
90 STATE OF CALIFORNIA

AUTHENTICATED

ELECTRONIC LEGAL MATERIAL
EXHIBIT 4

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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.

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.

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 islisted 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. 90

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(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 requirementsthat apply to detached dwellings, as appropriate.
(ix) Approval by the local health officer where a private sewage disposal system is being used, if required.
(x) (I) Parking requirements for accessory dwelling units shall not exceed one parking space per accessory dwelling unit or per bedroom, whichever is less. These spaces may be provided as tandem parking on a driveway. (II) Offstreet parking shall be permitted in setback areas in locations determined by the local agency or through tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions.
(III) This clause shall not apply to 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 90

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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 costsincurred 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 itemsthat 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 processthat includes only ministerial provisions forthe 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 thatfailsto 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 underthissubdivision. (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.
(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 90

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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 fromthe 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 90

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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 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 90

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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 singlefamily 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 structuresthat are not used aslivable 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 sprinklersshall 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. (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, 90

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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 accordancewithChapter 5 (commencingwith 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 sewerservice, 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 lessthan 750 square feet. Any impactfees 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 thatshall 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 sewersystem. Thisfee or charge shall not exceed the reasonable cost of providing this service.
(g) Thissection shallsupersede a conflicting local ordinance. Thissection 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 findingsto the local agency asto whether the ordinance complies with this section.
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(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 reasonsthe 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 thissection and addressing the department’s findings, the department shall notify the local agency and may notify the Attorney General that the local agency isin 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) “Accessorydwelling 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” hasthe 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.
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(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 applicationsfor 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. 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:
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(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 90

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a new structure constructed in the same location and to the same dimensions as an existing structure.
(viii) Local building code requirementsthat 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) Offstreet parking shall be permitted in setback areas in locations determined by the local agency or through tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions.
(III) This clause shall not apply to 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 sprinklersifthey are notrequired forthe 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 90

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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 costsincurred 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 itemsthat 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 processthat includes only ministerial provisions forthe 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 thatfailsto 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 underthissubdivision. (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.
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Los Gatos City CouncilNovember 7, 2023

Los Gatos City Council
November 7, 2023