RESOLUTION NO. 2024-047 - PC
RESOLUTION NO. 2024-047 - PC
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
FORWARDING A RECOMMENDATION TO THE MAYOR
AND CITY COUNCIL RECOMMENDING APPROVAL OF
DEVELOPMENT CODE AMENDMENT 24-04 AMENDING
SECTION 19.04.030(2)(P) (ACCESSORY DWELLING
UNITS) OF THE CITY OF SAN BERNARDINO
DEVELOPMENT CODE (SBMC TITLE 19) IN ORDER TO
UPDATE THE DEVELOPMENT STANDARDS FOR
ACCESSORY DWELLING UNITS IN COMPLIANCE WITH
RECENT CHANGES IN STATE LAW; AND FINDING THAT
DEVELOPMENT CODE AMENDMENT 24-04 IS EXEMPT
UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT.
WHEREAS, the City of San Bernardino, California ("City") is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, the state law authorizes cities to act to provide for the creation and regulation of accessory dwelling units ("ADUs") and junior accessory dwelling units ("JADUs"); and WHEREAS, in recent years, the California Legislature has approved, and the Governor has signed into law, a number of bills that, among other things, amend various sections of the Government Code to impose new limits on local authority to regulate ADUs and JADUs; and WHEREAS, in 2024, the California Legislature approved, and the Governor signed into law, Assembly Bill 2533 ("AB 2533) and Senate Bill 1211 ('SB 1211"), which further amend state ADU law; and
WHEREAS, AB 2533 and SB 1211 take effect on January 1, 2025, and for the City's ADU ordinance to remain valid, it must be amended to reflect the requirements of AB 2533 and SB 1211; and
WHEREAS, the City desires to amend its local regulatory scheme for the construction of ADUs and JADUs to reflect AB 2533's and SB 1211's changes to state law; and WHEREAS, the Planning Division of the Community Development Department of the City of San Bernardino has prepared Development Code Amendment 24-04 in compliance with the California Government Code, consistent with the City of San Bernardino General Plan, and incompliance with the City of San Bernardino Development Code; and WHEREAS, pursuant to requirements of the California Environmental Quality Act ("CEQA"), the Planning Division of the Community Development and Housing Department evaluated Development Code Amendment 24-04 and determined that it is exempt from CEQA under California Public Resources Code Section 21080.17; and 1 RESOLUTION NO. 2024-047 - PC
WHEREAS, on November 2, 2024, pursuant to the requirements of Section 19.52.020 (Hearings and Appeals - Application Processing) of the City of San Bernardino Development Code, the City gave public notice by advertising in the San Bernardino Sun, a newspaper of general circulation within the City of San Bernardino of the holding of a public hearing at which Development Code Amendment 24-04 would be considered; and WHEREAS, on November 12, 2024, pursuant to the requirements of Section 19.52.040 (Hearings and Appeals - Hearing Procedures) of the City of San Bernardino Development Code, the Planning Commission held the duly noticed public hearing at which interested persons had an opportunity to testify in support of, or opposition to Development Code Amendment 24-04 and at which meeting, the Planning Commission considered Development Code Amendment 24-04; and WHEREAS, pursuant to the requirements of Section 19.42.030 (Development Code Amendments - Commission Action on Amendments) of the City of San Bernardino Development Code, the Planning Commission has the authority to recommend to the Mayor and City Council the approval of Development Code Amendment 24-04.
NOW THEREFORE, the Planning Commission of the City of San Bernardino does hereby resolve, determine, find, and order as follows:
SECTION 1. INCORPORATION OF RECITALS:
The recitals above are true and correct and hereby incorporated by this reference.
SECTION 2. ENVIRONMENTAL DETERMINATION:
As the decision-making body for the project, the Planning Commission has reviewed and considered the information contained in the administrative record for Development Code Amendment 24-04. Based upon the facts and information contained in the administrative record, including all written and oral evidence presented to the Planning Commission, the Planning Commission hereby recommends to the Mayor and City Council as follows:
(1) The administrative record has been completed in compliance with the California Environmental Quality Act ("CEQA"), the State CEQA Guidelines, and the City's Local CEQA Guidelines; and
(2) The proposed project is exempt from the requirements of the California Environmental Quality Act ("CEQA") under California Public Resources Code Section 21080.17, the California Environmental Quality Act ("CEQA") does not apply to the adoption of an ordinance by a city or county implementing the provisions of Article 2 of Chapter 13 of Division 1 of Title 7 of the California Government Code, which is California's ADU law and which also regulates JADUs, as defined by Section 66313. Therefore, adoption of the proposed ordinance is statutorily exempt from CEQA in that it implements state ADU law.; and (3) The determination of CEQA exemption reflects the independent judgment of the Planning Commission.
2 RESOLUTION NO. 2024-047 - PC
SECTION 3. FINDINGS FOR DEVELOPMENT CODE AMENDMENT 24-04:
Section 19.42.050 of the City of San Bernardino Development Code requires that Development Code Amendments meet certain findings prior to approval by the Mayor and City Council.
Accordingly, the following findings are provided in support of the recommendation by the Planning Commission for the approval of Development Code Amendment 24-04:
Finding No. 1: The proposed amendment is consistent with the General Plan.
Finding of Fact: Development Code Amendment 24-04 is consistent with the General Plan, as follows:
Land Use Goal 2. 1: Preserve and enhance San Bernardino's unique Neighborhoods. Land Use
Element Policy 2.1.1: Actively enforce development
standards, design guidelines, and policies to preserve and enhance the character of San Bernardino's neighborhoods.
The implementation of Development Code Amendment 24-04 is consistent with the City's General Plan by allowing for the development of Accessory maintaining consistency with state law (AB 2533 and SB 1211).
Accessory Dwelling Units (ADUs) will serve the City's housing needs it compliance with Chapter 13 of Division 1 of Title 7 of the Californi Finding No. 2: The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City.
Finding of Fact: The adoption and implementation of Development Code Amendment 24- 04is necessary and desirable for the development of the community and is in the interests or furtherance of the public health, safety, convenience, and general welfare. In enacting the aforementioned legislation the State Legislature identified Accessory Dwelling Units (ADUs) as an important housing option for renters and homeowners, given the undersupply of housing that exists in the State. Development Code Amendment 24-04 will bring the City's Development Code into compliance with the aforementioned statute.
3 RESOLUTION NO. 2024-047 - PC
SECTION 4. RECOMMENDATION FOR DEVELOPMENT CODE
AMENDMENT 24-04:
Pursuant to Section 19.42.030 (Development Code Amendments - Commission Action o1 Amendments), the Planning Commission forwards the amendments to the Development Code attached hereto as EXHIBIT "A" for approval by the Mayor and City Council.
SECTION 5. PLANNING COMMISSION ACTION:
The Planning Commission hereby takes the following action:
1. Adoption of Planning Commission Resolution No. 2024-047 - PC, forwarding a recommendation that the Mayor and City Council:
Find the Exemption, pursuant to Section 21080.17 of the California Public Resources Code for Development Code Amendment 24-04; and
b. Approve Development Code Amendment 24-04 based on the Findings of Fact.
SECTION 6. SEVERABILITY:
If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end, the provisions of this Resolution are declared to be severable.
SECTION 7. CUSTODIAN OF RECORDS:
The location and custodian of the documents and any other material, which constitute the record of proceedings upon which the Planning Commission based its decision, is as follows: Genoveva Rocha, City Clerk, 201 North E Street (Building A), 909-384-5002.
PASSED, APPROVED AND ADOPTED this 12" day of November 2024.
Meni
Lisa Sherrick, Chairperson
San Bernardino Planning Commission
ATTEST:
Gabriel Elliott, Planning Commission Secretary
City of San Bernardino, California
4 RESOLUTION NO. 2024-047 - PO
CERTIFICATION:
I, Alyssa Blancas, Recording Secretary of the Planning Commission of the City of San Bernardino, California, do hereby certify that the foregoing Resolution No. 2024-047 - PC, was duly adopted by the Planning Commission of the City of San Bernardino, California, at a regular meeting thereof ' day of November 2024, by the following vote, to wit:
AYES: Sherrick, Quiel, Daily, Lopez, I. Garcia, Flores, Armstead, O. Garcia NOES:
ABSENT: Karaiscos
ABSTAIN:
Aluat
Alyssa Blancas, Recording Secretary
City of San Bernardino, California
EXHIBIT A
Development Code Section 19.04.030(2)(P)
(Residential Zones Specific Standards - Accessory Dwelling Units)
19.04.030(2)(P) (Residential Zones Specific Standards - Accessory Dwelling Units) shall be amended and restated to read in its entirety as follows:
P. Accessory Dwelling Units
• Paro The pur ac of tri section is to loy and regulate ace or direlie sis.
Division 1 of Title 7 of the California Government Code.
2. Effect of Conforming. An ADU or JADU that conforms to the standards in this section will not be:
a. Deemed to be inconsistent with the city's general plan and zoning designation for the lot on which the ADU or JADU is located.
b. Deemed to exceed the allowable density for the lot on which the ADU or JADU is located.
c. Considered in the application of any local ordinance, policy, or program to limit residential growth.
d. Required to correct a nonconforming zoning condition, as defined in subsection (3)(h) below. This does not prevent the City from enforcing compliance with applicable building standards in accordance with Health and Safety Code section 17980.12.
3. Definitions. As used in this section, terms are defined as follows:
a. "Accessory dwelling unit" or "ADU" 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. An accessory dwelling unit also includes the following:
i. An efficiency unit, as defined by section 17958.1 of the California Health and Safety Code; and
ii. A manufactured home, as defined by section 18007 of the California Health and Safety Code.
b. "Accessory structure" means a structure that is accessory and incidental to a dwelling located on the same lot.
c. "Complete independent living facilities" means 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.
d. "Efficiency kitchen" means a kitchen that includes each of the following:
i. A cooking facility with appliances.
ii. A food preparation counter and storage cabinets that are of a reasonable size in relation to the size of the JADU.
e. "Junior accessory dwelling unit" or "JADU" means a residential unit that satisfies all of the following:
i. It is no more than 500 square feet in size.
ii. It is contained entirely within an existing or proposed single-family structure. An enclosed use within the residence, such as an attached garage, is considered to be a part of and contained within the single-family structure. iii. It includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family structure.
iv. If the unit does not include its own separate bathroom, then it contains an interior entrance to the main living area of the existing or proposed single-family structure in addition to an exterior entrance that is separate from the main entrance to the primary dwelling.
f. "Livable space" means a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation.
g. "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. h. "Nonconforming zoning condition" means a physical improvement on a property that does not conform with current zoning standards.
i. "Passageway" means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU or JADU.
j. "Proposed dwelling" means a dwelling that is the subject of a permit application and that meets the requirements for permitting.
k. "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.
1. "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.
4. Approvals. The following approvals apply to ADUs and JADUs under this section:
a. Statutory Criteria. If an ADU or JADU complies with each of the general requirements in subsection (5) below, it is allowed with only a building permit in the following scenarios:
i. Converted on Single-family Lot: One ADU as described in this subsection (4)(a)(i) and one JADU on a lot with a proposed or existing single-family dwelling on it, where the ADU or JADU:
a) Is either: within the space of a proposed single-family dwelling; within the existing space of an existing single-family dwelling; or (in the case of an ADU only within the existing space of an accessory structure, plus up to 150 additional square feet if the expansion is limited to accommodating ingress and egress; and
b) Has exterior access that is independent of that for the single-family dwelling; and
c) Has side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes.
d) The JADU complies with the requirements of Government Code Sections 66333 through 66339.
ii. Limited Detached on Single-family Lot: One detached, new-construction ADU on a lot with a proposed or existing single-family dwelling (in addition to any JADU that might otherwise be established on the lot under subsection (4)(a)(i) above), if the detached ADU satisfies each of the following limitations:
a) The side- and rear-yard setbacks are at least four-feet. b) The total floor area is 800 square feet or smaller.
c) The peak height above grade does not exceed the applicable height limit in subsection (5)(b) below.
iii. Converted on Multifamily Lot: One or more ADUs within portions of existing multifamily dwelling structures that are not used as livable space, including but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages. if each converted ADU complies with state building standards for dwellings. Under this subsection (4)(a)(iii), at least one converted ADU is allowed within an existing multifamily dwelling, up to a quantity equal to 25 percent of the existing multifamily dwelling units.
iv. Limited Detached on Multifamily Lot: No more than two detached ADUs on a lot with a proposed multifamily dwelling, or up to eight detached ADUs on a lot with an existing multifamily dwelling, if each detached ADU satisfies all of the following:
a) The side- and rear-yard setbacks are at least four feet. If the existing multifamily dwelling has a rear or side yard setback of less than four feet, the city will not require any modification to the multifamily dwelling as a condition of approving the ADU.
b) The peak height above grade does not exceed the applicable height limit provided in subsection (5)(c) below.
c) If the lot has an existing multifamily dwelling, the quantity of detached ADUs does not exceed the number of primary dwelling units on the lot. b. Additional Criteria.
i. An ADU that does not qualify under the criteria set forth in subsection (4)(a) above may be created with a building permit if it complies with the standards set forth in subsections (5) and (6) below.
c. Process and Timing.
i. An ADU application is considered and approved ministerially, without discretionary review or a hearing.
ii. The City must approve or deny an application to create an ADU or JADU within 60 days from the date that the City receives a completed application. If the City does not approve or deny the completed application within 60 days, the application is deemed approved unless either:
a) The applicant requests a delay, in which case the 60-day time period is tolled for the period of the requested delay, or
b) When an application to create an ADU or JADU is submitted with a permit pplication to create a new single-family or multifamily dwelling on the lot, th ity may delay acting on the permit application for the ADU or JADU until th City acts on the permit application to create the new single-family or multifamily dwelling, but the application to create the ADU or JADU will still be considered ministerially without discretionary review or a hearing. ili. If the city denies an application to create an ADU or JADU, the city must provide the applicant with comments that include, among other things, a list of all the defective or deficient items and a description of how the application may be remedied by the applicant. Notice of the denial and corresponding comments must be provided to the applicant within the 60-day time period established by subsection (4)(c)(ii) above.
iv. A demolition permit for a detached garage that is to be replaced with an ADU is reviewed with the application for the ADU and issued at the same time.
5. General ADU and JADU Requirements. The following requirements apply to all ADUs and JADUs that are approved under subsections (4)(a) or (4)(b) above:
a. Zoning.
i. An ADU or JADU subject to subsection (4)(a) above may be created on a lot in a residential or mixed-use zone.
ii. An ADU or JADU subject to subsection (4)(b) above may be created on a lot that is zoned to allow single-family dwelling residential use or multifamily dwelling residential use.
iii. In accordance with Government Code section 66333(a), a JADU may only be created on a lot zoned for single-family residences.
b. Access. Each ADU and JADU must have direct exterior access that is separate from that of the primary dwelling.
c. Height.
i. Except as otherwise provided by subsections (5)(c)(ii) and (5)(c)(iii) below, a detached ADU created on a lot with an existing or proposed single family or multifamily dwelling unit may not exceed 16 feet in height. ii. A detached ADU may be up to 18 feet in height if it is created on a lot with an existing or proposed single family or multifamily dwelling unit that is located within one-half 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, and the ADU may be up to two additional feet in height (for a maximum of 20 feet) if necessary to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit.
iii. A detached ADU created on a lot with an existing or proposed multifamily dwelling that has more than one story above grade may not exceed 18 feet in height. iv. An ADU that is attached to the primary dwelling may not exceed 25 feet in height or the height limitation imposed by the underlying zone that applies to the primary dwelling, whichever is lower. Notwithstanding the foregoing, ADUs subject to this subsection (5)(c)(iv) may not exceed two stories.
v. For purposes of this subsection (5)(c), height is measured above existing legal grade to the peak of the structure.
d. Fire Sprinklers.
i. Fire sprinklers are required in an ADU if sprinklers are required in the primary residence.
ii. The construction of an ADU does not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.
e. Rental Term. No ADU or JADU may be rented for a term that is shorter than 30 days.
This prohibition applies regardless of when the ADU or JADU was created. f. No Separate Conveyance. An ADU or JADU may be rented, but, except as otherwise provided in Government Code Section 66341, no ADU or JADU may be sold or otherwise conveyed separately from the lot and the primary dwelling (in the case of a single-family lot) or from the lot and all of the dwellings (in the case of a multifamily g. Septic System. If the ADU or JADU will connect to an onsite wastewater-treatment system, the owner must include with the application a percolation test completed within the last five years or, if the percolation test has been recertified, within the last 10 years. h. Owner Occupancy. As required by state law, all JADUs are subject to an owner- occupancy requirement. A natural person with legal or equitable title to the property must reside on the property, in either the primary dwelling or JADU, as the person's legal domicile and permanent residence. However, the owner-occupancy requirement in this subsection (5)(h) does not apply if the property is entirely owned by another governmental agency, land trust, or housing organization. i. Deed Restriction. Prior to issuance of a building permit for an ADU or JADU, a deed restriction must be recorded against the title of the property in the County Recorder's office and a copy filed with the Director. The deed restriction must run with the land and bind all future owners. The form of the deed restriction will be provided by the City and must provide that:
i. Except as otherwise provided in Government Code Section 66341, the ADU or JADU may not be sold separately from the primary dwelling. ii. The ADU or JADU is restricted to the approved size and to other attributes allowed by this section.
iii. The deed restriction runs with the land and may be enforced against future property owners.
iv. The deed restriction may be removed if the owner eliminates the AD or ADU, as evidenced by, for example, removal of the kitchen facilities. To remove the deed restriction, an owner may make a written request of the Director, providing evidence that the ADU or JADU has in fact been eliminated. The Director may then determine whether the evidence supports the claim that the ADU or JADU has been eliminated. Appeal may be taken from the Director's determination consistent with other provisions of this Code. If the ADU or JADU is not entirely physically removed, but is only eliminated by virtue of having a necessary component of an ADU or JADU removed, the remaining structure and improvements must otherwise comply with applicable provisions of this Code.
v. The deed restriction is enforceable by the Director or his or her designee for the benefit of the City. Failure of the property owner to comply with the deed restriction may result in legal action against the property owner, and the City is authorized to obtain any remedy available to it at law or equity, including, but not limited to, obtaining an injunction enjoining the use of the ADU or JADU in violation of the recorded restrictions or abatement of the illegal unit.
6. Specific ADU Requirements. The following requirements apply only to ADUs that are approved under subsection (4)(b) above.
a. Maximum Size.
i. The maximum size of a detached or attached ADU subject to this subsection (6) is 850 square feet for a studio or one-bedroom unit and 1,000 square feet for a unit with two or more bedrooms.
ii. An attached ADU that is created on a lot with an existing primary dwelling is further limited to 50 percent of the floor area of the existing primary dwelling. ili. Application of other development standards in this subsection (6), such as setbacks or lot coverage, might further limit the size of the ADU, but no application of the percent-based size limit in subsection (6)(a)(ii) above or of a lot coverage limit or open-space requirement may require the ADU to be less than 800 square feet. b. Setbacks.
i. An ADU that is subject to this subsection (6) must conform to a 25-foot front-yard setback, subject to subsection (6)(a)(iii) above.
ii. An ADU that is subject to this subsection (6) must conform to 4-foot side- and rear- yard setbacks.
ili. No setback is required for an ADU that is subject to this subsection (6) if the ADU is constructed in the same location and to the same dimensions as an existing structure.
c. Lot Coverage. No ADU subject to this subsection (f) may cause the total lot coverage of the lot to exceed 50 percent, subject to subsection (6)(a)(iii) above. d. Passageway. No passageway, as defined by subsection (3)(i) above, is required for an ADU.
e. No Replacement Parking. When a garage, carport, covered parking structure, or uncovered parking space is demolished in conjunction with the construction of an ADU or converted to an ADU, those off-street parking spaces are not required to be replaced f. Architectural Requirements.
i. The materials and colors of the exterior walls, roof, and windows and doors must match the appearance and architectural design of those of the primary dwelling. ii. The roof slope must match that of the dominant roof slope of the primary dwelling.
The dominant roof slope is the slope shared by the largest portion of the roof. iii. The exterior lighting must be limited to down-lights or as otherwise required by the building or fire code.
iv. The ADU must have an independent exterior entrance, apart from that of the primary dwelling. The ADU entrance must be located on the side or rear building façade, not facing a public-right-of-way.
g. Allowed Stories. No ADU subject to this subsection (f) may have more than one story, except that an ADU that is attached to the primary dwelling may have the stories allowed under subparagraph (5)(c)(iv) of this section.
7. Fees. The following requirements apply to all ADUs and JADUs that are approved under subsections (4)(a) or (4)(b) above.
a. Impact Fees.
i. No impact fee is required for an ADU or JADU that is less than 750 square feet in size. For purposes of this subsection (7)(a), "impact fee" means a "fee" under the Mitigation Fee Act (Gov. Code § 66000(b)) and a fee under the Quimby Act (Gov.
Code § 66477). "Impact fee" here does not include any connection fee or capacity charge for water or sewer service.
ii. Any impact fee that is required for an ADU that is 750 square feet or larger in size must be charged proportionately in relation to the square footage of the primary dwelling unit. (E.g., the floor area of the ADU, divided by the floor area of the primary dwelling, times the typical fee amount charged for a new dwelling.) b. Utility Fees.
i. If an ADU or JADU is constructed with a new single-family home, a separate utility connection directly between the ADU or JADU and the utility and payment of the normal connection fee and capacity charge for a new dwelling are required ii. Except as described in subsection (7)(b)(i), converted ADUs and JADUs on a single-family lot that are created under subsection (4)(a)(i) above are not required to have a new or separate utility connection directly between the ADU or JADU and the utility. Nor is a connection fee or capacity charge required. ili. Except as described in subsection (7)(b)(i), all ADUs and JADUs that are not covered by subsection (7)(b)(ii) require a new, separate utility connection directly between the ADU or JADU and the utility.
a) The connection is subject to a connection fee or capacity charge that is proportionate to the burden created by the ADU or JADU, based on either the floor area or the number of drainage-fixture units (DFU) values, as defined by the Uniform Plumbing Code, upon the water or sewer system. b) The portion of the fee or charge that is charged by the City may not exceed the reasonable cost of providing this service.
8. Nonconforming Zoning Code Conditions, Building Code Violations, and Unpermitted Structures.
a. Generally. The city will not deny an ADU or JADU application due to a nonconforming zoning condition, building code violation, or unpermitted structure on the lot that does not present a threat to the public health and safety and that is not affected by the construction of the ADU or JADU.
b. Unpermitted ADUs and JADUs constructed before 2020.
Permit to Legalize. As required by state law, the city may not deny a permit to legalize an existing but unpermitted ADU or JADU that was constructed before January 1, 2020, if denial is based on either of the following grounds:
a) The ADU or JADU violates applicable building standards, or b) The ADU or JADU does not comply with state ADU or JADU law or this ADU ordinance (Section 19.04.030(2)(P)).
il. Exceptions:
a) Notwithstanding subsection (8)(b)(i) above, the city may deny a permit to legalize an existing but unpermitted ADU or JADU that was constructed before January 1, 2020, if the city makes a finding that correcting a violation is necessary to comply with the standards specified in California Health and Safety Code section 17920.3.
b) Subsection (8)(b)(i) above does not apply to a building that is deemed to be substandard in accordance with California Health and Safety Code section 17920.3.