AMENDED IN ASSEMBLY JUNE 30, 2022
AMENDED IN ASSEMBLY JUNE 20, 2022
AMENDED IN ASSEMBLY JUNE 16, 2022
AMENDED IN SENATE MAY 19, 2022
AMENDED IN SENATE APRIL 18, 2022
AMENDED IN SENATE MARCH 14, 2022
SENATE BILL No. 897
Introduced by Senator Wieckowski
February 1, 2022
An act to amend Section 65852.22 of, to add Section 65852.23 to, and to repeal and amend Section 65852.2 of, the Go vernment Code, and to amend Section 17980.12 of the Health and Safety Code, relating to land use.
legislative counsel’s digest
SB 897, as amended, Wieckowski. Accessory dwelling units: junior accessory dwelling units.
(1) Existing law, the Planning and Zoning La w, 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 agenc y 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 w ould require that the standards imposed on accessory dwelling units be objective. For purposes of this requirement, the bill
93 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 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 g arage that is to be replaced by an accessory dwelling unit at the same time as it re views and issues the permit for the accessory dwelling unit. The bill would prohibit an applicant from being required to pro vide 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 agenc y 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 25 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 attached to a primary dwelling, as specified. detac hed and on a lot that has an e xisting 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.
Existing law requires an ordinance that pro vides 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 pro vide fire sprinklers if the y 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 occupanc y change under the local building code, e xcept as specified. The bill w ould also prohibit the construction of an accessory dwelling unit from triggering a requirement 93 — 2 — SB 897
that fire sprinklers be installed in the proposed or e xisting primary dwelling.
Existing law provides that a local agency shall ministerially approve an application for a b uilding permit within a residential or mix ed-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 appro val to 25 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 attached to a primary dwelling, detached and on a lot that has an e xisting multifamily , multistory dwelling, as specified. The bill would c hange the height limitation applicable to an accessory dwelling unit subject to ministerial approval to 25 feet if the accessory dwelling unit is attac hed to a primary dwelling. The bill, if the e xisting multif amily dwelling e xceeds 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 e xisting multif amily 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 require a local agency, when a permit application for an accessory dwelling unit is submitted with a permit application to create new multifamily dwelling units, to reduce the number of required parking spaces for the multif amily dwelling by 2 parking spaces for each accessory dwelling unit located on the lot. also prohibit a local agency from imposing any parking standards on an accessory dwelling unit that is included in an application to cr eate a ne w single-family dwelling unit or a new multifamily dwelling on the same lot, provided that the accessory dwelling unit meets other specified requirements. (2) Existing law also pro vides for the creation of junior accessory dwelling units by local ordinance, or, if a local agency has not adopted an ordinance, by ministerial appro val, in accordance with specified 93 SB 897 — 3 —
standards and conditions. Existing la w 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 w alls 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 o wner-occupancy in the single-family residence in which the junior accessory dwelling unit is permitted.
This bill w ould 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 agenc y from denying an application for a permit to create a junior accessory dwelling unit due to the correction of nonconforming zoning conditions conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not af fected by the construction of the junior accessory dwelling unit.
(3) Existing la w requires a local agenc y, in enforcing b uilding 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 w ould e xtend that delay in enforcement to the b uilding standards applicable to the primary dwelling of the accessory dwelling unit, provided 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 agenc y mak es 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 93 — 4 — SB 897
development of housing, including the Multifamily Housing Program, pursuant to which the department pro vides financial assistance in the form of deferred payment loans to pay for the eligible costs of development for specified activities.
This bill w ould state the intent of the Le gislature that accessory dwelling unit grant programs provide funding for predevelopment costs and facilitate accountability and oversight, as specified. (5) By imposing ne w duties on local go vernments 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 reimb urse local agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
line 1 SECTION 1. It is the intent of the Le gislature to ensure that line 2 grant programs that fund the construction and maintenance of line 3 accessory dwelling units undertake both of the following:
line 4 (a) Provide funding for prede velopment costs, such as line 5 development of plans and permitting of accessory dwelling units. line 6 (b) Facilitate accountability and o versight, including annual line 7 reporting on outcomes to the Legislature.
line 8 SEC. 2. Section 65852.2 of the Government Code, as amended line 9 by Section 1 of Chapter 343 of the Statutes of 2021, is amended line 10 to read:
line 11 65852.2. (a) (1) A local agency may, by ordinance, pro vide line 12 for the creation of accessory dwelling units in areas zoned to allow line 13 single-family or multif amily dwelling residential use. The line 14 ordinance shall do all of the following:
line 15 (A) Designate areas within the jurisdiction of the local agency line 16 where accessory dwelling units may be permitted. The designation line 17 of areas may be based on the adequacy of water and sewer services line 18 and the impact of accessory dwelling units on traffic flo w and line 19 public safety. A local agency that does not provide water or sewer line 20 services shall consult with the local water or sewer service provider 93 SB 897 — 5 —
line 1 regarding the adequac y of w ater and se wer services before line 2 designating an area where accessory dwelling units may be line 3 permitted.
line 4 (B) (i) Impose objective standards on accessory dwelling units line 5 that include, b ut are not limited to, parking, height, setback, line 6 landscape, architectural re view, maximum size of a unit, and line 7 standards that prevent adverse impacts on an y real property that line 8 is listed in the California Register of Historical Resources. These line 9 standards shall not include requirements on minimum lot size. line 10 (ii) Notwithstanding clause (i), a local agenc y may reduce or line 11 eliminate parking requirements for an y accessory dwelling unit line 12 located within its jurisdiction.
line 13 (C) Provide that accessory dwelling units do not e xceed the line 14 allowable density for the lot upon which the accessory dwelling line 15 unit is located, and that accessory dwelling units are a residential line 16 use that is consistent with the e xisting general plan and zoning line 17 designation for the lot.
line 18 (D) Require the accessory dwelling units to comply with all of line 19 the following:
line 20 (i) Except as pro vided in Section 65852.26, the accessory line 21 dwelling unit may be rented separate from the primary residence, line 22 but may not be sold or otherwise con veyed separate from the line 23 primary residence.
line 24 (ii) The lot is zoned to allo w single-f amily or multif amily line 25 dwelling residential use and includes a proposed or e xisting line 26 dwelling.
line 27 (iii) The accessory dwelling unit is either attached to, or located line 28 within, the proposed or e xisting primary dwelling, including line 29 attached garages, storage areas or similar uses, or an accessory line 30 structure or detached from the proposed or e xisting primary line 31 dwelling and located on the same lot as the proposed or e xisting line 32 primary dwelling.
line 33 (iv) If there is an existing primary dwelling, the total floor area line 34 of an attached accessory dwelling unit shall not exceed 50 percent line 35 of the existing primary dwelling.
line 36 (v) The total floor area for a detached accessory dwelling unit line 37 shall not exceed 1,200 square feet.
line 38 (vi) No passageway shall be required in conjunction with the line 39 construction of an accessory dwelling unit.
93 — 6 — SB 897
line 1 (vii) No setback shall be required for an existing living area or line 2 accessory structure or a structure constructed in the same location line 3 and to the same dimensions as an e xisting structure that is line 4 converted to an accessory dwelling unit or to a portion of an line 5 accessory dwelling unit, and a setback of no more than four feet line 6 from the side and rear lot lines shall be required for an accessory line 7 dwelling unit that is not converted from an existing structure or a line 8 new structure constructed in the same location and to the same line 9 dimensions as an existing structure.
line 10 (viii) Local building code requirements that apply to detached line 11 dwellings, except that the construction of an accessory dwelling line 12 unit shall not constitute a Group R occupanc y change under the line 13 local building code, as described in Section 310 of the California line 14 Building Code (Title 24 of the California Code of Re gulations). line 15 Nothing in this clause shall be interpreted to prevent a local agency line 16 from c hanging the occupancy code of a space that was only line 17 permitted for nonresidential use and was subsequently converted line 18 into a residential use pursuant to this section. line 19 (ix) Approval by the local health officer where a private sewage line 20 disposal system is being used, if required.
line 21 (x) (I) Parking requirements for accessory dwelling units shall line 22 not exceed one parking space per accessory dwelling unit or per line 23 bedroom, whiche ver is less. These spaces may be pro vided as line 24 tandem parking on a driveway.
line 25 (II) Offstreet parking shall be permitted in setback areas in line 26 locations determined by the local agenc y or through tandem line 27 parking, unless specific findings are made that parking in setback line 28 areas or tandem parking is not feasible based upon specific site or line 29 regional topographical or fire and life safety conditions. line 30 (III) This clause shall not apply to an accessory dwelling unit line 31 that is described in subdivision (d).
line 32 (xi) When a g arage, carport, or co vered parking structure is line 33 demolished in conjunction with the construction of an accessory line 34 dwelling unit or converted to an accessory dwelling unit, the local line 35 agency shall not require that those of fstreet parking spaces be line 36 replaced.
line 37 (xii) Accessory dwelling units shall not be required to provide line 38 fire sprinklers if they are not required for the primary residence. line 39 The construction of an accessory dwelling unit shall not trigger a 93 SB 897 — 7 —
line 1 requirement for fire sprinklers to be installed in the proposed or line 2 existing primary dwelling.
line 3 (2) The ordinance shall not be considered in the application of line 4 any local ordinance, policy, or program to limit residential growth. line 5 (3) A permit application for an accessory dwelling unit or a line 6 junior accessory dwelling unit shall be considered and appro ved line 7 ministerially without discretionary re view or a hearing, line 8 notwithstanding Section 65901 or 65906 or an y local ordinance line 9 regulating the issuance of v ariances or special use permits. The line 10 permitting agency shall either approve or deny the application to line 11 create an accessory dwelling unit or a junior accessory dwelling line 12 unit within 60 days from the date the local agenc y recei ves a line 13 completed application if there is an e xisting single-f amily or line 14 multifamily dwelling on the lot. If the permit application to create line 15 an accessory dwelling unit or a junior accessory dwelling unit is line 16 submitted with a permit application to create a new single-family line 17 or multif amily dwelling on the lot, the permitting agenc y may line 18 delay approving or denying the permit application for the accessory line 19 dwelling unit or the junior accessory dwelling unit until the line 20 permitting agency approves or denies on the permit application to line 21 create the new single-family dwelling, but the application to create line 22 the accessory dwelling unit or junior accessory dwelling unit shall line 23 be considered without discretionary re view or hearing. If the line 24 applicant requests a delay, the 60-day time period shall be tolled line 25 for the period of the delay . If the local agenc y has not appro ved line 26 or denied the completed application within 60 days, the application line 27 shall be deemed appro ved. A local agenc y may char ge a fee to line 28 reimburse it for costs incurred to implement this paragraph, line 29 including the costs of adopting or amending an y ordinance that line 30 provides for the creation of an accessory dwelling unit. line 31 (4) The ordinance shall require that a demolition permit for a line 32 detached garage that is to be replaced with an accessory dwelling line 33 unit be reviewed with the application for the accessory dwelling line 34 unit and issued at the same time.
line 35 (5) The ordinance shall not require, and the applicant shall not line 36 be otherwise required, to provide written notice or post a placard line 37 for the demolition of a detached garage that is to be replaced with line 38 an accessory dwelling unit, unless the property is located within line 39 an architecturally and historically significant historic district. 93 — 8 — SB 897
line 1 (6) An existing ordinance governing the creation of an accessory line 2 dwelling unit by a local agency or an accessory dwelling ordinance line 3 adopted by a local agency shall provide an approval process that line 4 includes only ministerial provisions for the approval of accessory line 5 dwelling units and shall not include an y discretionary processes, line 6 provisions, or requirements for those units, e xcept as otherwise line 7 provided in this subdi vision. If a local agenc y has an e xisting line 8 accessory dwelling unit ordinance that f ails to meet the line 9 requirements of this subdivision, that ordinance shall be null and line 10 void and that agency shall thereafter apply the standards established line 11 in this subdi vision for the appro val of accessory dwelling units, line 12 unless and until the agency adopts an ordinance that complies with line 13 this section.
line 14 (7) No other local ordinance, policy, or regulation shall be the line 15 basis for the delay or denial of a b uilding permit or a use permit line 16 under this subdivision.
line 17 (8) (A) This subdivision establishes the maximum standards line 18 that local agencies shall use to e valuate a proposed accessory line 19 dwelling unit on a lot that includes a proposed or e xisting line 20 single-family dwelling. No additional standards, other than those line 21 provided in this subdivision, shall be used or imposed, except that, line 22 subject to subparagraph (B), subparagraphs (B) and (C), a local line 23 agency may require an applicant for a permit issued pursuant to line 24 this subdivision to be an owner-occupant or that the property be line 25 used for rentals of terms longer than 30 days. owner-occupant. line 26 (B) (i) Notwithstanding subparagraph (A), a local agency shall line 27 not impose an o wner-occupant requirement on an accessory line 28 dwelling unit before January 1, 2025.
line 29 (ii) Notwithstanding subparagraph (A), a local agency shall not line 30 impose an owner-occupant requirement on an accessory dwelling line 31 unit that was permitted between January 1, 2020, and January 1, line 32 2025.
line 33 (C) Notwithstanding subparagraphs (A) and (B), a local agency line 34 may require that an accessory dwelling unit be used for rentals of line 35 terms longer than 30 days.
line 36 (9) A local agency may amend its zoning ordinance or general line 37 plan to incorporate the policies, procedures, or other pro visions line 38 applicable to the creation of an accessory dwelling unit if these line 39 provisions are consistent with the limitations of this subdivision. 93 SB 897 — 9 —
line 1 (10) An accessory dwelling unit that conforms to this line 2 subdivision shall be deemed to be an accessory use or an accessory line 3 building and shall not be considered to exceed the allowable density line 4 for the lot upon which it is located, and shall be deemed to be a line 5 residential use that is consistent with the existing general plan and line 6 zoning designations for the lot. The accessory dwelling unit shall line 7 not be considered in the application of any local ordinance, policy, line 8 or program to limit residential growth.
line 9 (b) When a local agenc y that has not adopted an ordinance line 10 governing accessory dwelling units in accordance with subdivision line 11 (a) recei ves an application for a permit to create an accessory line 12 dwelling unit pursuant to this subdi vision, the local agency shall line 13 approve or disappro ve the application ministerially without line 14 discretionary review pursuant to subdi vision (a). The permitting line 15 agency shall either appro ve or den y the application to create an line 16 accessory dwelling unit or a junior accessory dwelling unit within line 17 60 days from the date the local agenc y recei ves a completed line 18 application if there is an e xisting single-f amily or multif amily line 19 dwelling on the lot. If the permit application to create an accessory line 20 dwelling unit or a junior accessory dwelling unit is submitted with line 21 a permit application to create a new single-family or multifamily line 22 dwelling on the lot, the permitting agenc y may delay appro ving line 23 or denying the permit application for the accessory dwelling unit line 24 or the junior accessory dwelling unit until the permitting agenc y line 25 approves or denies the permit application to create the ne w line 26 single-family dwelling, but the application to create the accessory line 27 dwelling unit or junior accessory dwelling unit shall still be line 28 considered ministerially without discretionary review or a hearing. line 29 If the applicant requests a delay , the 60-day time period shall be line 30 tolled for the period of the delay . If the local agenc y has not line 31 approved or denied the completed application within 60 days, the line 32 application shall be deemed approved.
line 33 (c) (1) Subject to paragraph (2), a local agenc y may establish line 34 minimum and maximum unit size requirements for both attached line 35 and detached accessory dwelling units.
line 36 (2) Notwithstanding paragraph (1), a local agenc y shall not line 37 establish by ordinance any of the following:
line 38 (A) A minimum square footage requirement for either an line 39 attached or detached accessory dwelling unit that prohibits an line 40 efficiency unit.
93 — 10 — SB 897
line 1 (B) A maximum square footage requirement for either an line 2 attached or detached accessory dwelling unit that is less than either line 3 of the following:
line 4 (i) 850 square feet.
line 5 (ii) 1,000 square feet for an accessory dwelling unit that provides line 6 more than one bedroom.
line 7 (C) Any requirement for a zoning clearance or separate zoning line 8 review or any other minimum or maximum size for an accessory line 9 dwelling unit, size based upon a percentage of the proposed or line 10 existing primary dwelling, or limits on lot co verage, floor area line 11 ratio, open space, and minimum lot size, for either attached or line 12 detached dwellings that does not permit at least an 800 square foot line 13 accessory dwelling unit that is lo wer than the applicable height line 14 limitation in clause (ii) of subparagraph (B) of paragraph (1) of line 15 subdivision (e) with four -foot side and rear yard setbacks to be line 16 constructed in compliance with all other local de velopment line 17 standards.
line 18 (d) Notwithstanding any other law, and whether or not the local line 19 agency has adopted an ordinance go verning accessory dwelling line 20 units in accordance with subdivision (a), all of the following shall line 21 apply:
line 22 (1) The local agency shall not impose any parking standards for line 23 an accessory dwelling unit in any of the following instances:
line 24 (A) Where the accessory dwelling unit is located within one-half line 25 mile walking distance of public transit.
line 26 (B) Where the accessory dwelling unit is located within an line 27 architecturally and historically significant historic district. line 28 (C) Where the accessory dwelling unit is part of the proposed line 29 or existing primary residence or an accessory structure. line 30 (D) When on-street parking permits are required but not offered line 31 to the occupant of the accessory dwelling unit. line 32 (E) When there is a car share vehicle located within one block line 33 of the accessory dwelling unit.
line 34 (F) When a permit application for an accessory dwelling unit line 35 is submitted with a permit application to create a new single-family line 36 dwelling on the same lot.
line 37 (2) When a permit application for an accessory dwelling unit line 38 is submitted with a permit application to create ne w multifamily line 39 dwelling units, the local agency shall reduce the number of required line 40 parking spaces for the multif amily dwelling by 2 parking spaces 93 SB 897 — 11 —
line 1 for each proposed detached accessory dwelling unit on the same line 2 lot.
line 3 (F) (1) When a permit application for an accessory dwelling line 4 unit is submitted with a permit application to cr eate a ne w line 5 single-family dwelling or a new multifamily dwelling on the same line 6 lot, provided that the accessory dwelling unit or the parcel satisfies line 7 any other criteria listed in this paragraph.
line 8 (3)
line 9 (2) The local agency shall not deny an application for a permit line 10 to create an accessory dwelling unit due to the correction of line 11 nonconforming zoning conditions conditions, b uilding code line 12 violations, or unpermitted structures that do not present a threat line 13 to public health and safety and are not affected by the construction line 14 of the accessory dwelling unit.
line 15 (e) (1) Notwithstanding subdi visions (a) to (d), inclusi ve, a line 16 local agenc y shall ministerially appro ve an application for a line 17 building permit within a residential or mix ed-use zone to create line 18 any of the following:
line 19 (A) One accessory dwelling unit and one junior accessory line 20 dwelling unit per lot with a proposed or e xisting single-family line 21 dwelling if all of the following apply:
line 22 (i) The accessory dwelling unit or junior accessory dwelling line 23 unit is within the proposed space of a single-f amily dwelling or line 24 existing space of a single-f amily dwelling or accessory structure line 25 and may include an e xpansion of not more than 150 square feet line 26 beyond the same ph ysical dimensions as the e xisting accessory line 27 structure. An expansion beyond the ph ysical dimensions of the line 28 existing accessory structure shall be limited to accommodating line 29 ingress and egress.
line 30 (ii) The space has exterior access from the proposed or existing line 31 single-family dwelling.
line 32 (iii) The side and rear setbacks are sufficient for fire and safety. line 33 (iv) The junior accessory dwelling unit complies with the line 34 requirements of Section 65852.22.
line 35 (B) One detached, ne w construction, accessory dwelling unit line 36 that does not exceed four-foot side and rear yard setbacks for a lot line 37 with a proposed or existing single-family dwelling. The accessory line 38 dwelling unit may be combined with a junior accessory dwelling line 39 unit described in subparagraph (A). A local agency may impose line 40 the following conditions on the accessory dwelling unit:
93 — 12 — SB 897
line 1 (i) A total floor area limitation of not more than 800 square feet. line 2 (ii) A height limitation of 16 feet, except as follows:
line 3 (I) The local agency may impose a height limitation of not less line 4 than 25 18 feet on a detac hed accessory dwelling unit, if the line 5 accessory dwelling unit is within one-half mile w alking distance line 6 of a major transit stop or a high-quality transit corridor , as those line 7 terms are defined in Section 21155 of the Public Resources Code. line 8 A local a gency shall allow an additional 2 feet in height to line 9 accommodate a roof pitch on the accessory dwelling unit that is line 10 aligned with the roof pitch of the primary dwelling unit. line 11 (II) A local agency may impose a height limitation of not less line 12 than 18 feet on a detached accessory dwelling unit if the accessory line 13 dwelling unit is on a lot that has an existing multifamily, multistory line 14 dwelling.
line 15 (II)
line 16 (III) The local agenc y may impose a height limitation of not line 17 less than 25 feet or the height limitation in the local zoning line 18 ordinance that applies to the primary dwelling, whichever is lower, line 19 if the accessory dwelling units unit is attached to a primary line 20 dwelling.
line 21 (C) (i) Multiple accessory dwelling units within the portions line 22 of existing multifamily dwelling structures that are not used as line 23 livable space, including, but not limited to, storage rooms, boiler line 24 rooms, passageways, attics, basements, or g arages, if each unit line 25 complies with state building standards for dwellings. line 26 (ii) A local agency shall allow at least one accessory dwelling line 27 unit within an existing multifamily dwelling and shall allow up to line 28 25 percent of the existing multifamily dwelling units. line 29 (D) (i) Not more than tw o accessory dwelling units that are line 30 located on a lot that has an e xisting or proposed multif amily line 31 dwelling, but are detached from that multifamily dwelling and are line 32 subject to the applicable height limitation in clause (ii) of line 33 subparagraph (B) and rear yard and side setbacks of no more than line 34 4 feet.
line 35 (ii) If the existing multifamily dwelling exceeds the applicable line 36 height limitation in clause (ii) of subparagraph (B) or has a rear line 37 or side setback of less than 4 feet, the local agency shall not require line 38 any modification of the e xisting multifamily dwelling to satisfy line 39 the requirements of this subparagraph. as a condition of approving 93 SB 897 — 13 —
line 1 the application to construct an accessory dwelling unit that satisfies line 2 the requirements of this subparagraph.
line 3 (iii) A local agency shall not reject an application to construct line 4 an accessory dwelling unit authorized under this subparagraph on line 5 the basis that the e xisting multif amily dwelling e xceeds the line 6 applicable height limitation in clause (ii) of subparagraph (B) or line 7 has a rear or side setback of less than 4 feet.
line 8 (2) A local agency shall not require, as a condition for ministerial line 9 approval of a permit application for the creation of an accessory line 10 dwelling unit or a junior accessory dwelling unit, the correction line 11 of nonconforming zoning conditions.
line 12 (3) The installation of fire sprinklers shall not be required in an line 13 accessory dwelling unit if sprinklers are not required for the line 14 primary residence. The construction of an accessory dwelling unit line 15 shall not trigger a requirement for fire sprinklers to be installed in line 16 the proposed or the existing multifamily dwelling. line 17 (4) A local agency may require owner-occupancy for either the line 18 primary dwelling or the accessory dwelling unit on a single-family line 19 lot, subject to the requirements of paragraph (8) of subdivision (a). line 20 (5) A local agency shall require that a rental of the accessory line 21 dwelling unit created pursuant to this subdi vision be for a term line 22 longer than 30 days.
line 23 (6) A local agency may require, as part of the application for a line 24 permit to create an accessory dwelling unit connected to an onsite line 25 wastewater treatment system, a percolation test completed within line 26 the last five years, or, if the percolation test has been recertified, line 27 within the last 10 years.
line 28 (7) Notwithstanding subdivision (c) and paragraph (1) a local line 29 agency that has adopted an ordinance by July 1, 2018, pro viding line 30 for the appro val of accessory dwelling units in multif amily line 31 dwelling structures shall ministerially consider a permit application line 32 to construct an accessory dwelling unit that is described in line 33 paragraph (1), and may impose objective standards including, but line 34 not limited to, design, development, and historic standards on said line 35 accessory dwelling units. These standards shall not include line 36 requirements on minimum lot size.
line 37 (f) (1) Fees charged for the construction of accessory dwelling line 38 units shall be determined in accordance with Chapter 5 line 39 (commencing with Section 66000) and Chapter 7 (commencing line 40 with Section 66012).
93 — 14 — SB 897
line 1 (2) An accessory dwelling unit shall not be considered by a line 2 local agency, special district, or w ater corporation to be a ne w line 3 residential use for purposes of calculating connection fees or line 4 capacity charges for utilities, including w ater and sewer service, line 5 unless the accessory dwelling unit w as constructed with a ne w line 6 single-family dwelling.
line 7 (3) (A) A local agenc y, special district, or w ater corporation line 8 shall not impose an y impact fee upon the de velopment of an line 9 accessory dwelling unit less than 750 square feet. Any impact fees line 10 charged for an accessory dwelling unit of 750 square feet or more line 11 shall be charged proportionately in relation to the square footage line 12 of the primary dwelling unit.
line 13 (B) For purposes of this paragraph, “impact fee” has the same line 14 meaning as the term “fee” is defined in subdivision (b) of Section line 15 66000, except that it also includes fees specified in Section 66477. line 16 “Impact fee” does not include an y connection fee or capacity line 17 charge char ged by a local agenc y, special district, or w ater line 18 corporation.
line 19 (4) For an accessory dwelling unit described in subparagraph line 20 (A) of paragraph (1) of subdi vision (e), a local agenc y, special line 21 district, or w ater corporation shall not require the applicant to line 22 install a ne w or separate utility connection directly between the line 23 accessory dwelling unit and the utility or impose a related line 24 connection fee or capacity charge, unless the accessory dwelling line 25 unit was constructed with a new single-family dwelling. line 26 (5) For an accessory dwelling unit that is not described in line 27 subparagraph (A) of paragraph (1) of subdi vision (e), a local line 28 agency, special district, or w ater corporation may require a ne w line 29 or separate utility connection directly between the accessory line 30 dwelling unit and the utility . Consistent with Section 66013, the line 31 connection may be subject to a connection fee or capacity charge line 32 that shall be proportionate to the burden of the proposed accessory line 33 dwelling unit, based upon either its square feet or the number of line 34 its drainage fixture unit (DFU) values, as defined in the Uniform line 35 Plumbing Code adopted and published by the International line 36 Association of Plumbing and Mechanical Officials, upon the water line 37 or sewer system. This fee or charge shall not exceed the reasonable line 38 cost of providing this service.
93 SB 897 — 15 —
line 1 (g) This section does not limit the authority of local agencies line 2 to adopt less restricti ve requirements for the creation of an line 3 accessory dwelling unit.
line 4 (h) (1) A local agenc y shall submit a cop y of the ordinance line 5 adopted pursuant to subdivision (a) to the Department of Housing line 6 and Community Development within 60 days after adoption. After line 7 adoption of an ordinance, the department may submit written line 8 findings to the local agency as to whether the ordinance complies line 9 with this section.
line 10 (2) (A) If the department finds that the local agency’s ordinance line 11 does not comply with this section, the department shall notify the line 12 local agency and shall provide the local agency with a reasonable line 13 time, no longer than 30 days, to respond to the findings before line 14 taking any other action authorized by this section. line 15 (B) The local agency shall consider the findings made by the line 16 department pursuant to subparagraph (A) and shall do one of the line 17 following:
line 18 (i) Amend the ordinance to comply with this section. line 19 (ii) Adopt the ordinance without changes. The local agenc y line 20 shall include findings in its resolution adopting the ordinance that line 21 explain the reasons the local agenc y believes that the ordinance line 22 complies with this section despite the findings of the department. line 23 (3) (A) If the local agenc y does not amend its ordinance in line 24 response to the department’s findings or does not adopt a resolution line 25 with findings explaining the reason the ordinance complies with line 26 this section and addressing the department’ s findings, the line 27 department shall notify the local agenc y and may notify the line 28 Attorney General that the local agency is in violation of state law. line 29 (B) Before notifying the Attorney General that the local agency line 30 is in violation of state law, the department may consider whether line 31 a local agency adopted an ordinance in compliance with this section line 32 between January 1, 2017, and January 1, 2020.
line 33 (i) The department may re view, adopt, amend, or repeal line 34 guidelines to implement uniform standards or criteria that line 35 supplement or clarify the terms, references, and standards set forth line 36 in this section. The guidelines adopted pursuant to this subdivision line 37 are not subject to Chapter 3.5 (commencing with Section 11340) line 38 of Part 1 of Division 3 of Title 2.
line 39 (j) As used in this section, the following terms mean:
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line 1 (1) “Accessory dwelling unit” means an attached or a detached line 2 residential dwelling unit that provides complete independent living line 3 facilities for one or more persons and is located on a lot with a line 4 proposed or existing primary residence. It shall include permanent line 5 provisions for living, sleeping, eating, cooking, and sanitation on line 6 the same parcel as the single-family or multifamily dwelling is or line 7 will be situated. An accessory dwelling unit also includes the line 8 following:
line 9 (A) An efficiency unit.
line 10 (B) A manufactured home, as defined in Section 18007 of the line 11 Health and Safety Code.
line 12 (2) “Accessory structure” means a structure that is accessory line 13 and incidental to a dwelling located on the same lot. line 14 (3) “Efficiency unit” has the same meaning as defined in Section line 15 17958.1 of the Health and Safety Code.
line 16 (4) “Living area” means the interior habitable area of a dwelling line 17 unit, including basements and attics, but does not include a garage line 18 or any accessory structure.
line 19 (5) “Local agency” means a city , county, or city and county , line 20 whether general law or chartered.
line 21 (6) “Nonconforming zoning condition” means a ph ysical line 22 improvement on a property that does not conform with current line 23 zoning standards.
line 24 (7) “Objective standards” means standards that in volve no line 25 personal or subjecti ve judgment by a public official and are line 26 uniformly v erifiable by reference to an e xternal and uniform line 27 benchmark or criterion a vailable and kno wable by both the line 28 development applicant or proponent and the public official prior line 29 to submittal.
line 30 (8) “Passageway” means a pathw ay that is unobstructed clear line 31 to the sky and extends from a street to one entrance of the accessory line 32 dwelling unit.
line 33 (9) “Proposed dwelling” means a dwelling that is the subject of line 34 a permit application and that meets the requirements for permitting. line 35 (10) “Public transit” means a location, including, but not limited line 36 to, a bus stop or train station, where the public may access buses, line 37 trains, subways, and other forms of transportation that charge set line 38 fares, run on fixed routes, and are available to the public. 93 SB 897 — 17 —
line 1 (11) “Tandem parking” means that tw o or more automobiles line 2 are parked on a dri veway or in an y other location on a lot, lined line 3 up behind one another.
line 4 (k) A local agency shall not issue a certificate of occupancy for line 5 an accessory dwelling unit before the local agenc y issues a line 6 certificate of occupancy for the primary dwelling. line 7 (l) Nothing in this section shall be construed to supersede or in line 8 any way alter or lessen the effect or application of the California line 9 Coastal Act of 1976 (Di vision 20 (commencing with Section line 10 30000) of the Public Resources Code), e xcept that the local line 11 government shall not be required to hold public hearings for coastal line 12 development permit applications for accessory dwelling units. line 13 (m) A local agency may count an accessory dwelling unit for line 14 purposes of identifying adequate sites for housing, as specified in line 15 subdivision (a) of Section 65583.1, subject to authorization by the line 16 department and compliance with this division.
line 17 (n) In enforcing b uilding standards pursuant to Article 1 line 18 (commencing with Section 17960) of Chapter 5 of P art 1.5 of line 19 Division 13 of the Health and Safety Code for an accessory line 20 dwelling unit described in paragraph (1) or (2) below or the primary line 21 dwelling for one of those units, (2), a local agency, upon request line 22 of an o wner of an accessory dwelling unit for a delay in line 23 enforcement, shall delay enforcement of a b uilding standard, line 24 subject to compliance with Section 17980.12 of the Health and line 25 Safety Code:
line 26 (1) The accessory dwelling unit w as b uilt before January 1, line 27 2020.
line 28 (2) The accessory dwelling unit w as built on or after January line 29 1, 2020, in a local jurisdiction that, at the time the accessory line 30 dwelling unit w as built, had a noncompliant accessory dwelling line 31 unit ordinance, b ut the ordinance is compliant at the time the line 32 request is made.
line 33 SEC. 3. Section 65852.2 of the Government Code, as amended line 34 by Section 2 of Chapter 343 of the Statutes of 2021, is repealed. line 35 SEC. 4. Section 65852.22 of the Government Code is amended line 36 to read:
line 37 65852.22. (a) Notwithstanding Section 65852.2, a local agency line 38 may, by ordinance, pro vide for the creation of junior accessory line 39 dwelling units in single-f amily residential zones. The ordinance 93 — 18 — SB 897
line 1 may require a permit to be obtained for the creation of a junior line 2 accessory dwelling unit, and shall do all of the following:
line 3 (1) Limit the number of junior accessory dwelling units to one line 4 per residential lot zoned for single-f amily residences with a line 5 single-family residence built, or proposed to be built, on the lot. line 6 (2) Require owner-occupancy in the single family residence in line 7 which the junior accessory dwelling unit will be permitted. The line 8 owner may reside in either the remaining portion of the structure line 9 or the ne wly created junior accessory dwelling unit. line 10 Owner-occupancy shall not be required if the o wner is another line 11 governmental agency, land trust, or housing organization. line 12 (3) Require the recordation of a deed restriction, which shall line 13 run with the land, shall be filed with the permitting agenc y, and line 14 shall include both of the following:
line 15 (A) A prohibition on the sale of the junior accessory dwelling line 16 unit separate from the sale of the single-family residence, including line 17 a statement that the deed restriction may be enforced against future line 18 purchasers.
line 19 (B) A restriction on the size and attributes of the junior accessory line 20 dwelling unit that conforms with this section.
line 21 (4) Require a permitted junior accessory dwelling unit to be line 22 constructed within the w alls of the proposed or e xisting line 23 single-family residence or attached to a detached accessory line 24 dwelling unit. residence. For purposes of this paragraph, enclosed line 25 uses within the residence, such as attached garages, are considered line 26 a part of the proposed or existing single-family residence. line 27 (5) (A) Require a permitted junior accessory dwelling unit to line 28 include a separate entrance from the main entrance to the proposed line 29 or e xisting single-f amily residence or attached to a detached line 30 accessory dwelling unit.
line 31 (B) If a permitted junior accessory dwelling unit does not include line 32 a separate bathroom, the permitted junior accessory dwelling unit line 33 shall include a separate entrance from the main entrance to the line 34 structure, with an interior entry to the main living area. line 35 (6) Require the permitted junior accessory dwelling unit to line 36 include an efficienc y kitchen, which shall include all of the line 37 following:
line 38 (A) A cooking facility with appliances.
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line 1 (B) A food preparation counter and storage cabinets that are of line 2 reasonable size in relation to the size of the junior accessory line 3 dwelling unit.
line 4 (b) (1) An ordinance shall not require additional parking as a line 5 condition to grant a permit.
line 6 (2) This subdi vision shall not be interpreted to prohibit the line 7 requirement of an inspection, including the imposition of a fee for line 8 that inspection, to determine if the junior accessory dwelling unit line 9 complies with applicable building standards.
line 10 (c) An application for a permit pursuant to this section shall, line 11 notwithstanding Section 65901 or 65906 or an y local ordinance line 12 regulating the issuance of v ariances or special use permits, be line 13 considered ministerially, without discretionary review or a hearing. line 14 The permitting agency shall either approve or deny the application line 15 to create a junior accessory dwelling unit within 60 days from the line 16 date the local agency receives a completed application if there is line 17 an e xisting single-f amily dwelling on the lot. If the permit line 18 application to create a junior accessory dwelling unit is submitted line 19 with a permit application to create a ne w single-family dwelling line 20 on the lot, the permitting agency may delay approving or denying line 21 the permit application for the junior accessory dwelling unit until line 22 the permitting agency approves or denies the permit application line 23 to create the ne w single-family dwelling, b ut the application to line 24 create the junior accessory dwelling unit shall still be considered line 25 ministerially without discretionary re view or a hearing. If the line 26 applicant requests a delay, the 60-day time period shall be tolled line 27 for the period of the delay . A local agenc y may char ge a fee to line 28 reimburse the local agency for costs incurred in connection with line 29 the issuance of a permit pursuant to this section. line 30 (d) A local agency shall not deny an application for a permit to line 31 create a junior accessory dwelling unit pursuant to this section due line 32 to the correction of nonconforming zoning conditions conditions, line 33 building code violations, or unpermitted structures that do not line 34 present a threat to public health and safety and that are not affected line 35 by the construction of the junior accessory dwelling unit. line 36 (e) For purposes of an y fire or life protection ordinance or line 37 regulation, a junior accessory dwelling unit shall not be considered line 38 a separate or new dwelling unit. This section shall not be construed line 39 to prohibit a city , county, city and county , or other local public line 40 entity from adopting an ordinance or regulation relating to fire and 93 — 20 — SB 897
line 1 life protection requirements within a single-family residence that line 2 contains a junior accessory dwelling unit so long as the ordinance line 3 or re gulation applies uniformly to all single-f amily residences line 4 within the zone regardless of whether the single-family residence line 5 includes a junior accessory dwelling unit or not. line 6 (f) For purposes of providing service for water, sewer, or power, line 7 including a connection fee, a junior accessory dwelling unit shall line 8 not be considered a separate or new dwelling unit. line 9 (g) This section shall not be construed to prohibit a local agency line 10 from adopting an ordinance or regulation related to a service or a line 11 connection fee for w ater, se wer, or po wer, that applies to a line 12 single-family residence that contains a junior accessory dwelling line 13 unit, so long as that ordinance or re gulation applies uniformly to line 14 all single-family residences regardless of whether the single-family line 15 residence includes a junior accessory dwelling unit. line 16 (h) If a local agency has not adopted a local ordinance pursuant line 17 to this section, the local agency shall ministerially approve a permit line 18 to construct a junior accessory dwelling unit that satisfies the line 19 requirements set forth in subparagraph (A) of paragraph (1) of line 20 subdivision (e) of Section 65852.2 and the requirements of this line 21 section.
line 22 (i) For purposes of this section, the follo wing terms ha ve the line 23 following meanings:
line 24 (1) “Junior accessory dwelling unit” means a unit that is no line 25 more than 500 square feet in size and contained entirely within a line 26 single-family residence. A junior accessory dwelling unit may line 27 include separate sanitation f acilities, or may share sanitation line 28 facilities with the existing structure.
line 29 (2) “Local agency” means a city , county, or city and county , line 30 whether general law or chartered.
line 31 SEC. 5. Section 65852.23 is added to the Government Code, line 32 to read:
line 33 65852.23. (a) Notwithstanding any other la w, and e xcept as line 34 otherwise provided in subdi vision (b), a local agenc y shall not line 35 deny a permit for an unpermitted accessory dwelling unit that was line 36 constructed before January 1, 2018, due to either of the following:
line 37 (1) The accessory dwelling unit is in violation of b uilding line 38 standards pursuant to Article 1 (commencing with Section 17960) line 39 of Chapter 5 of P art 1.5 of Division 13 of the Health and Safety line 40 Code.
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line 1 (2) The accessory dwelling unit does not comply with Section line 2 65852.2 or any local ordinance regulating accessory dwelling units. line 3 (b) Notwithstanding subdivision (a), a local agenc y may deny line 4 a permit for an accessory dwelling unit subject to subdivision (a) line 5 if the local agency makes a finding that correcting the violation is line 6 necessary to protect the health and safety of the public or occupants line 7 of the structure.
line 8 (c) The section shall not apply to a b uilding that is deem line 9 substandard pursuant to Section 17920.3 of the Health and Safety line 10 Code.
line 11 SEC. 6. Section 17980.12 of the Health and Safety Code is line 12 amended to read:
line 13 17980.12. (a) (1) An enforcement agenc y, until January 1, line 14 2030, that issues to an o wner of an accessory dwelling unit line 15 described in subparagraph (A) or (B) below, a notice to correct a line 16 violation of an y provision of an y building standard pursuant to line 17 this part shall include in that notice a statement that the owner of line 18 the unit has a right to request a delay in enforcement pursuant to line 19 this subdivision:
line 20 (A) The accessory dwelling unit w as built before January 1, line 21 2020.
line 22 (B) The accessory dwelling unit w as built on or after January line 23 1, 2020, in a local jurisdiction that, at the time the accessory line 24 dwelling unit w as built, had a noncompliant accessory dwelling line 25 unit ordinance, b ut the ordinance is compliant at the time the line 26 request is made.
line 27 (2) The owner of an accessory dwelling unit that recei ves a line 28 notice to correct violations or abate nuisances as described in line 29 paragraph (1) may , in the form and manner prescribed by the line 30 enforcement agenc y, submit an application to the enforcement line 31 agency requesting that enforcement of the violation be delayed for line 32 five years on the basis that correcting the violation is not necessary line 33 to protect health and safety.
line 34 (3) A delay in enforcement granted for an accessory dwelling line 35 unit, as described in paragraph (2), shall also apply to a violation line 36 of an y pro vision of an y b uilding standard that applies to the line 37 primary dwelling of the accessory dwelling unit, pro vided that line 38 correcting the violation is not necessary to protect health and safety. line 39 (3) A local a gency shall not r equire, as a condition for line 40 ministerial approval of a permit application for the creation of an 93 — 22 — SB 897
line 1 accessory dwelling unit or a junior accessory dwelling unit, the line 2 correction of a violation on the primary dwelling unit, pr ovided line 3 that correcting the violation is not necessary to protect health and line 4 safety.
line 5 (4) The enforcement agency shall grant an application described line 6 in paragraph (2) if the enforcement agenc y determines that line 7 correcting the violation is not necessary to protect health and safety. line 8 In making this determination, the enforcement agency shall consult line 9 with the entity responsible for enforcement of building standards line 10 and other regulations of the State Fire Marshal pursuant to Section line 11 13146.
line 12 (5) The enforcement agency shall not approve any applications line 13 pursuant to this section on or after January 1, 2030. However, any line 14 delay that was approved by the enforcement agency before January line 15 1, 2030, shall be v alid for the full term of the delay that w as line 16 approved at the time of the initial appro val of the application line 17 pursuant to paragraph (4).
line 18 (b) For purposes of this section, “accessory dwelling unit” has line 19 the same meaning as defined in Section 65852.2. line 20 (c) This section shall remain in effect only until January 1, 2035, line 21 and as of that date is repealed.
line 22 SEC. 7. No reimbursement is required by this act pursuant to line 23 Section 6 of Article XIIIB of the California Constitution because line 24 a local agency or school district has the authority to le vy service line 25 charges, fees, or assessments sufficient to pay for the program or line 26 level of service mandated by this act, within the meaning of Section line 27 17556 of the Government Code.
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