AMENDED IN ASSEMBLY JANUARY 3, 2022
AMENDED IN ASSEMBLY APRIL 6, 2021
california legislature—2021–22 regular session
ASSEMBLY BILL No. 916
Introduced by Assembly Member Salas Members Salas and
Quirk-Silva
February 17, 2021
An act to amend Section 65852.2 of, and to add Section 65850.02 to, the Government Code, relating to housing.
legislative counsel’s digest
AB 916, as amended, Salas. Zoning: accessory dwelling units:
bedroom addition.
The Planning and Zoning Law authorizes the legislative body of any county or city to adopt ordinances that re gulate the use of b uildings, structures, and land as between industry , business, residences, open space, and other purposes.
This bill w ould prohibit a city or county le gislative body from adopting or enforcing an ordinance requiring a public hearing as a condition of adding space for additional bedrooms or reconfiguring existing space to increase the bedroom count within an existing house, condominium, apartment, or dwelling. The bill would include findings that ensuring adequate housing is a matter of statewide concern and is not a municipal af fair, and that the pro vision applies to all cities, including charter cities.
The Planning and Zoning La w also authorizes a local agenc y, by ordinance or ministerial appro val, to pro vide for the creation of accessory dwelling units in areas zoned for residential use, as specified.
Revised 1-12-22—See last page. 97
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 and height limitations a local agenc y may establish, including a 16-feet height limitation.
Existing law provides that a local agenc y shall ministerially appro ve 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, among other requirements.
This bill would instead authorize a local agency to establish a height limitation of 18 feet for those accessory dwelling units located on a lot that has an existing multifamily and multistory dwelling. The bill would specify that a local agenc y shall ministerially appro ve an application for a building 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 e xisting multif amily dwelling, b ut are detached from that multifamily dwelling and are subject to a height limitation of 18 feet, and that those accessory dwelling units may be attached to each other. feet.
By imposing additional duties on local officials, 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. Section 65850.02 is added to the Government line 2 Code, immediately following Section 65850.01, to read:
line 3 65850.02. (a) Notwithstanding any other law, with respect to line 4 land zoned for residential use, the le gislative body of a city or line 5 county shall not adopt or enforce an ordinance requiring a public line 6 hearing as a condition of adding space for additional bedrooms or line 7 reconfiguring existing space to increase the bedroom count within line 8 an existing house, condominium, apartment, or dwelling. 97 — 2 — AB 916
line 1 (b) The Legislature finds and declares that ensuring adequate line 2 housing is a matter of state wide concern and is not a municipal line 3 affair, as that term is used in Section 5 of Article IX of the line 4 California Constitution. Therefore, this section applies to all cities, line 5 including charter cities.
line 6 SEC. 2. Section 65852.2 of the Government Code, as amended line 7 by Section 3.5 of Chapter 198 of the Statutes of 2020, is amended line 8 to read:
line 9 65852.2. (a) (1) A local agency may, by ordinance, pro vide line 10 for the creation of accessory dwelling units in areas zoned to allow line 11 single-family or multif amily dwelling residential use. The line 12 ordinance shall do all of the following:
line 13 (A) Designate areas within the jurisdiction of the local agency line 14 where accessory dwelling units may be permitted. The designation line 15 of areas may be based on the adequacy of water and sewer services line 16 and the impact of accessory dwelling units on traffic flo w and line 17 public safety. A local agency that does not provide water or sewer line 18 services shall consult with the local water or sewer service provider line 19 regarding the adequac y of w ater and se wer services before line 20 designating an area where accessory dwelling units may be line 21 permitted.
line 22 (B) (i) Impose standards on accessory dwelling units that line 23 include, but are not limited to, parking, height, setback, landscape, line 24 architectural review, maximum size of a unit, and standards that line 25 prevent adverse impacts on any real property that is listed in the line 26 California Register of Historic Resources. These standards shall line 27 not include requirements on minimum lot size.
line 28 (ii) Notwithstanding clause (i), a local agenc y may reduce or line 29 eliminate parking requirements for an y accessory dwelling unit line 30 located within its jurisdiction.
line 31 (C) Provide that accessory dwelling units do not e xceed the line 32 allowable density for the lot upon which the accessory dwelling line 33 unit is located, and that accessory dwelling units are a residential line 34 use that is consistent with the e xisting general plan and zoning line 35 designation for the lot.
line 36 (D) Require the accessory dwelling units to comply with all of line 37 the following:
line 38 (i) The accessory dwelling unit may be rented separate from line 39 the primary residence, but may not be sold or otherwise conveyed line 40 separate from the primary residence.
97 AB 916 — 3 —
line 1 (ii) The lot is zoned to allo w single-f amily or multif amily line 2 dwelling residential use and includes a proposed or e xisting line 3 dwelling.
line 4 (iii) The accessory dwelling unit is either attached to, or located line 5 within, the proposed or e xisting primary dwelling, including line 6 attached garages, storage areas or similar uses, or an accessory line 7 structure is detached from the proposed or e xisting primary line 8 dwelling and located on the same lot as the proposed or e xisting line 9 primary dwelling.
line 10 (iv) If there is an existing primary dwelling, the total floor area line 11 of an attached accessory dwelling unit shall not exceed 50 percent line 12 of the existing primary dwelling.
line 13 (v) The total floor area for a detached accessory dwelling unit line 14 shall not exceed 1,200 square feet.
line 15 (vi) No passageway shall be required in conjunction with the line 16 construction of an accessory dwelling unit.
line 17 (vii) No setback shall be required for an existing living area or line 18 accessory structure or a structure constructed in the same location line 19 and to the same dimensions as an e xisting structure that is line 20 converted to an accessory dwelling unit or to a portion of an line 21 accessory dwelling unit, and a setback of no more than four feet line 22 from the side and rear lot lines shall be required for an accessory line 23 dwelling unit that is not converted from an existing structure or a line 24 new structure constructed in the same location and to the same line 25 dimensions as an existing structure.
line 26 (viii) Local building code requirements that apply to detached line 27 dwellings, as appropriate.
line 28 (ix) Approval by the local health officer where a private sewage line 29 disposal system is being used, if required.
line 30 (x) (I) Parking requirements for accessory dwelling units shall line 31 not exceed one parking space per accessory dwelling unit or per line 32 bedroom, whiche ver is less. These spaces may be pro vided as line 33 tandem parking on a driveway.
line 34 (II) Offstreet parking shall be permitted in setback areas in line 35 locations determined by the local agenc y or through tandem line 36 parking, unless specific findings are made that parking in setback line 37 areas or tandem parking is not feasible based upon specific site or line 38 regional topographical or fire and life safety conditions. line 39 (III) This clause shall not apply to an accessory dwelling unit line 40 that is described in subdivision (d).
97 — 4 — AB 916
line 1 (xi) When a g arage, carport, or co vered parking structure is line 2 demolished in conjunction with the construction of an accessory line 3 dwelling unit or converted to an accessory dwelling unit, the local line 4 agency shall not require that those of fstreet parking spaces be line 5 replaced.
line 6 (xii) Accessory dwelling units shall not be required to provide line 7 fire sprinklers if they are not required for the primary residence. line 8 (2) The ordinance shall not be considered in the application of line 9 any local ordinance, policy, or program to limit residential growth. line 10 (3) A permit application for an accessory dwelling unit or a line 11 junior accessory dwelling unit shall be considered and appro ved line 12 ministerially without discretionary re view or a hearing, line 13 notwithstanding Section 65901 or 65906 or an y local ordinance line 14 regulating the issuance of v ariances or special use permits. The line 15 permitting agency shall act on the application to create an accessory line 16 dwelling unit or a junior accessory dwelling unit within 60 days line 17 from the date the local agency receives a completed application if line 18 there is an existing single-family or multifamily dwelling on the line 19 lot. If the permit application to create an accessory dwelling unit line 20 or a junior accessory dwelling unit is submitted with a permit line 21 application to create a new single-family dwelling on the lot, the line 22 permitting agency may delay acting on the permit application for line 23 the accessory dwelling unit or the junior accessory dwelling unit line 24 until the permitting agency acts on the permit application to create line 25 the new single-family dwelling, but the application to create the line 26 accessory dwelling unit or junior accessory dwelling unit shall be line 27 considered without discretionary review or hearing. If the applicant line 28 requests a delay , the 60-day time period shall be tolled for the line 29 period of the delay . If the local agenc y has not acted upon the line 30 completed application within 60 days, the application shall be line 31 deemed approved. A local agency may charge a fee to reimburse line 32 it for costs incurred to implement this paragraph, including the line 33 costs of adopting or amending any ordinance that provides for the line 34 creation of an accessory dwelling unit.
line 35 (4) An existing ordinance governing the creation of an accessory line 36 dwelling unit by a local agency or an accessory dwelling ordinance line 37 adopted by a local agency shall provide an approval process that line 38 includes only ministerial provisions for the approval of accessory line 39 dwelling units and shall not include an y discretionary processes, line 40 provisions, or requirements for those units, e xcept as otherwise 97 AB 916 — 5 —
line 1 provided in this subdi vision. If a local agenc y has an e xisting line 2 accessory dwelling unit ordinance that f ails to meet the line 3 requirements of this subdivision, that ordinance shall be null and line 4 void and that agency shall thereafter apply the standards established line 5 in this subdi vision for the appro val of accessory dwelling units, line 6 unless and until the agency adopts an ordinance that complies with line 7 this section.
line 8 (5) No other local ordinance, policy, or regulation shall be the line 9 basis for the delay or denial of a b uilding permit or a use permit line 10 under this subdivision.
line 11 (6) This subdivision establishes the maximum standards that line 12 local agencies shall use to evaluate a proposed accessory dwelling line 13 unit on a lot that includes a proposed or e xisting single-family line 14 dwelling. No additional standards, other than those pro vided in line 15 this subdi vision, shall be used or imposed, including an y line 16 owner-occupant requirement, e xcept that a local agenc y may line 17 require that the property be used for rentals of terms longer than line 18 30 days.
line 19 (7) A local agency may amend its zoning ordinance or general line 20 plan to incorporate the policies, procedures, or other pro visions line 21 applicable to the creation of an accessory dwelling unit if these line 22 provisions are consistent with the limitations of this subdivision. line 23 (8) An accessory dwelling unit that conforms to this subdivision line 24 shall be deemed to be an accessory use or an accessory b uilding line 25 and shall not be considered to exceed the allowable density for the line 26 lot upon which it is located, and shall be deemed to be a residential line 27 use that is consistent with the e xisting general plan and zoning line 28 designations for the lot. The accessory dwelling unit shall not be line 29 considered in the application of an y local ordinance, polic y, or line 30 program to limit residential growth.
line 31 (b) When a local agenc y that has not adopted an ordinance line 32 governing accessory dwelling units in accordance with subdivision line 33 (a) recei ves an application for a permit to create an accessory line 34 dwelling unit pursuant to this subdi vision, the local agency shall line 35 approve or disappro ve the application ministerially without line 36 discretionary review pursuant to subdi vision (a). The permitting line 37 agency shall act on the application to create an accessory dwelling line 38 unit or a junior accessory dwelling unit within 60 days from the line 39 date the local agency receives a completed application if there is line 40 an existing single-family or multifamily dwelling on the lot. If the 97 — 6 — AB 916
line 1 permit application to create an accessory dwelling unit or a junior line 2 accessory dwelling unit is submitted with a permit application to line 3 create a ne w single-f amily dwelling on the lot, the permitting line 4 agency may delay acting on the permit application for the accessory line 5 dwelling unit or the junior accessory dwelling unit until the line 6 permitting agency acts on the permit application to create the new line 7 single-family dwelling, but the application to create the accessory line 8 dwelling unit or junior accessory dwelling unit shall still be line 9 considered ministerially without discretionary review or a hearing. line 10 If the applicant requests a delay , the 60-day time period shall be line 11 tolled for the period of the delay. If the local agency has not acted line 12 upon the completed application within 60 days, the application line 13 shall be deemed approved.
line 14 (c) (1) Subject to paragraph (2), a local agenc y may establish line 15 minimum and maximum unit size requirements for both attached line 16 and detached accessory dwelling units.
line 17 (2) Notwithstanding paragraph (1), a local agenc y shall not line 18 establish by ordinance any of the following:
line 19 (A) A minimum square footage requirement for either an line 20 attached or detached accessory dwelling unit that prohibits an line 21 efficiency unit.
line 22 (B) A maximum square footage requirement for either an line 23 attached or detached accessory dwelling unit that is less than either line 24 of the following:
line 25 (i) 850 square feet.
line 26 (ii) 1,000 square feet for an accessory dwelling unit that provides line 27 more than one bedroom.
line 28 (C) Any other minimum or maximum size for an accessory line 29 dwelling unit, size based upon a percentage of the proposed or line 30 existing primary dwelling, or limits on lot co verage, floor area line 31 ratio, open space, and minimum lot size, for either attached or line 32 detached dwellings that does not permit at least an 800 square foot line 33 accessory dwelling unit that is at least 16 feet, or 18 feet for an line 34 accessory dwelling unit on a lot that has an e xisting multifamily line 35 and multistory dwelling, in height with four-foot side and rear yard line 36 setbacks to be constructed in compliance with all other local line 37 development standards.
line 38 (d) Notwithstanding any other law, a local agency, whether or line 39 not it has adopted an ordinance governing accessory dwelling units line 40 in accordance with subdi vision (a), shall not impose parking 97 AB 916 — 7 —
line 1 standards for an accessory dwelling unit in an y of the follo wing line 2 instances:
line 3 (1) The accessory dwelling unit is located within one-half mile line 4 walking distance of public transit.
line 5 (2) The accessory dwelling unit is located within an line 6 architecturally and historically significant historic district. line 7 (3) The accessory dwelling unit is part of the proposed or line 8 existing primary residence or an accessory structure. line 9 (4) When on-street parking permits are required but not offered line 10 to the occupant of the accessory dwelling unit. line 11 (5) When there is a car share vehicle located within one block line 12 of the accessory dwelling unit.
line 13 (e) (1) Notwithstanding subdi visions (a) to (d), inclusi ve, a line 14 local agenc y shall ministerially appro ve an application for a line 15 building permit within a residential or mix ed-use zone to create line 16 any of the following:
line 17 (A) One accessory dwelling unit and one junior accessory line 18 dwelling unit per lot with a proposed or e xisting single-family line 19 dwelling if all of the following apply:
line 20 (i) The accessory dwelling unit or junior accessory dwelling line 21 unit is within the proposed space of a single-f amily dwelling or line 22 existing space of a single-f amily dwelling or accessory structure line 23 and may include an e xpansion of not more than 150 square feet line 24 beyond the same ph ysical dimensions as the e xisting accessory line 25 structure. An expansion beyond the ph ysical dimensions of the line 26 existing accessory structure shall be limited to accommodating line 27 ingress and egress.
line 28 (ii) The space has exterior access from the proposed or existing line 29 single-family dwelling.
line 30 (iii) The side and rear setbacks are sufficient for fire and safety. line 31 (iv) The junior accessory dwelling unit complies with the line 32 requirements of Section 65852.22.
line 33 (B) One detached, ne w construction, accessory dwelling unit line 34 that does not exceed four-foot side and rear yard setbacks for a lot line 35 with a proposed or existing single-family dwelling. The accessory line 36 dwelling unit may be combined with a junior accessory dwelling line 37 unit described in subparagraph (A). A local agency may impose line 38 the following conditions on the accessory dwelling unit:
line 39 (i) A total floor area limitation of not more than 800 square feet. line 40 (ii) A height limitation of 16 feet.
97 — 8 — AB 916
line 1 (C) (i) Multiple accessory dwelling units within the portions line 2 of existing multifamily dwelling structures that are not used as line 3 livable space, including, but not limited to, storage rooms, boiler line 4 rooms, passageways, attics, basements, or g arages, if each unit line 5 complies with state building standards for dwellings. line 6 (ii) A local agency shall allow at least one accessory dwelling line 7 unit within an existing multifamily dwelling and shall allow up to line 8 25 percent of the existing multifamily dwelling units. line 9 (D) Not more than two accessory dwelling units that are located line 10 on a lot that has an existing multifamily dwelling, but are detached line 11 from that multifamily dwelling and are subject to a height limit of line 12 18 feet and four-foot rear yard and side setbacks. The two accessory line 13 dwelling units may be attached to each other.
line 14 (2) A local agency shall not require, as a condition for ministerial line 15 approval of a permit application for the creation of an accessory line 16 dwelling unit or a junior accessory dwelling unit, the correction line 17 of nonconforming zoning conditions.
line 18 (3) The installation of fire sprinklers shall not be required in an line 19 accessory dwelling unit if sprinklers are not required for the line 20 primary residence.
line 21 (4) A local agency shall require that a rental of the accessory line 22 dwelling unit created pursuant to this subdi vision be for a term line 23 longer than 30 days.
line 24 (5) A local agency may require, as part of the application for a line 25 permit to create an accessory dwelling unit connected to an onsite line 26 wastewater treatment system, a percolation test completed within line 27 the last five years, or, if the percolation test has been recertified, line 28 within the last 10 years.
line 29 (6) Notwithstanding subdivision (c) and paragraph (1) a local line 30 agency that has adopted an ordinance by July 1, 2018, pro viding line 31 for the appro val of accessory dwelling units in multif amily line 32 dwelling structures shall ministerially consider a permit application line 33 to construct an accessory dwelling unit that is described in line 34 paragraph (1), and may impose standards including, but not limited line 35 to, design, development, and historic standards on said accessory line 36 dwelling units. These standards shall not include requirements on line 37 minimum lot size.
line 38 (f) (1) Fees charged for the construction of accessory dwelling line 39 units shall be determined in accordance with Chapter 5 97 AB 916 — 9 —
line 1 (commencing with Section 66000) and Chapter 7 (commencing line 2 with Section 66012).
line 3 (2) An accessory dwelling unit shall not be considered by a line 4 local agency, special district, or w ater corporation to be a ne w line 5 residential use for purposes of calculating connection fees or line 6 capacity charges for utilities, including w ater and sewer service, line 7 unless the accessory dwelling unit w as constructed with a ne w line 8 single-family dwelling.
line 9 (3) (A) A local agenc y, special district, or w ater corporation line 10 shall not impose an y impact fee upon the de velopment of an line 11 accessory dwelling unit less than 750 square feet. Any impact fees line 12 charged for an accessory dwelling unit of 750 square feet or more line 13 shall be charged proportionately in relation to the square footage line 14 of the primary dwelling unit.
line 15 (B) For purposes of this paragraph, “impact fee” has the same line 16 meaning as the term “fee” is defined in subdivision (b) of Section line 17 66000, except that it also includes fees specified in Section 66477. line 18 “Impact fee” does not include an y connection fee or capacity line 19 charge char ged by a local agenc y, special district, or w ater line 20 corporation.
line 21 (4) For an accessory dwelling unit described in subparagraph line 22 (A) of paragraph (1) of subdi vision (e), a local agenc y, special line 23 district, or w ater corporation shall not require the applicant to line 24 install a ne w or separate utility connection directly between the line 25 accessory dwelling unit and the utility or impose a related line 26 connection fee or capacity charge, unless the accessory dwelling line 27 unit was constructed with a new single-family home. line 28 (5) For an accessory dwelling unit that is not described in line 29 subparagraph (A) of paragraph (1) of subdi vision (e), a local line 30 agency, special district, or w ater corporation may require a ne w line 31 or separate utility connection directly between the accessory line 32 dwelling unit and the utility . Consistent with Section 66013, the line 33 connection may be subject to a connection fee or capacity charge line 34 that shall be proportionate to the burden of the proposed accessory line 35 dwelling unit, based upon either its square feet or the number of line 36 its drainage fixture unit (DFU) values, as defined in the Uniform line 37 Plumbing Code adopted and published by the International line 38 Association of Plumbing and Mechanical Officials, upon the water line 39 or sewer system. This fee or charge shall not exceed the reasonable line 40 cost of providing this service.
97 — 10 — AB 916
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:
97 AB 916 — 11 —
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 to current zoning line 23 standards.
line 24 (7) “Passageway” means a pathway that is unobstructed, clear line 25 to the sk y, and e xtends from a street to one entrance of the line 26 accessory dwelling unit.
line 27 (8) “Proposed dwelling” means a dwelling that is the subject of line 28 a permit application and that meets the requirements for permitting. line 29 (9) “Public transit” means a location, including, but not limited line 30 to, a bus stop or train station, where the public may access buses, line 31 trains, subways, and other forms of transportation that charge set line 32 fares, run on fixed routes, and are available to the public. line 33 (10) “Tandem parking” means that tw o or more automobiles line 34 are parked on a dri veway or in an y other location on a lot, lined line 35 up behind one another.
line 36 (k) A local agency shall not issue a certificate of occupancy for line 37 an accessory dwelling unit before the local agenc y issues a line 38 certificate of occupancy for the primary dwelling. line 39 (l) Nothing in this section shall be construed to supersede or in line 40 any way alter or lessen the effect or application of the California 97 — 12 — AB 916
line 1 Coastal Act of 1976 (Di vision 20 (commencing with Section line 2 30000) of the Public Resources Code), e xcept that the local line 3 government shall not be required to hold public hearings for coastal line 4 development permit applications for accessory dwelling units. line 5 (m) A local agency may count an accessory dwelling unit for line 6 purposes of identifying adequate sites for housing, as specified in line 7 subdivision (a) of Section 65583.1, subject to authorization by the line 8 department and compliance with this division.
line 9 (n) In enforcing b uilding standards pursuant to Article 1 line 10 (commencing with Section 17960) of Chapter 5 of P art 1.5 of line 11 Division 13 of the Health and Safety Code for an accessory line 12 dwelling unit described in paragraph (1) or (2) belo w, a local line 13 agency, upon request of an o wner of an accessory dwelling unit line 14 for a delay in enforcement, shall delay enforcement of a building line 15 standard, subject to compliance with Section 17980.12 of the line 16 Health and Safety Code:
line 17 (1) The accessory dwelling unit w as b uilt before January 1, line 18 2020.
line 19 (2) The accessory dwelling unit w as built on or after January line 20 1, 2020, in a local jurisdiction that, at the time the accessory line 21 dwelling unit w as built, had a noncompliant accessory dwelling line 22 unit ordinance, b ut the ordinance is compliant at the time the line 23 request is made.
line 24 (o) This section shall remain in effect only until January 1, 2025, line 25 and as of that date is repealed.
line 26 SEC. 3. Section 65852.2 of the Government Code, as amended line 27 by Section 4.5 of Chapter 198 of the Statutes of 2020, is amended line 28 to read:
line 29 65852.2. (a) (1) A local agency may, by ordinance, pro vide line 30 for the creation of accessory dwelling units in areas zoned to allow line 31 single-family or multif amily dwelling residential use. The line 32 ordinance shall do all of the following:
line 33 (A) Designate areas within the jurisdiction of the local agency line 34 where accessory dwelling units may be permitted. The designation line 35 of areas may be based on the adequacy of water and sewer services line 36 and the impact of accessory dwelling units on traffic flo w and line 37 public safety. A local agency that does not provide water or sewer line 38 services shall consult with the local water or sewer service provider line 39 regarding the adequac y of w ater and se wer services before 97 AB 916 — 13 —
line 1 designating an area where accessory dwelling units may be line 2 permitted.
line 3 (B) (i) Impose standards on accessory dwelling units that line 4 include, but are not limited to, parking, height, setback, landscape, line 5 architectural review, maximum size of a unit, and standards that line 6 prevent adverse impacts on any real property that is listed in the line 7 California Register of Historic Resources. These standards shall line 8 not include requirements on minimum lot size.
line 9 (ii) Notwithstanding clause (i), a local agenc y may reduce or line 10 eliminate parking requirements for an y accessory dwelling unit line 11 located within its jurisdiction.
line 12 (C) Provide that accessory dwelling units do not e xceed the line 13 allowable density for the lot upon which the accessory dwelling line 14 unit is located, and that accessory dwelling units are a residential line 15 use that is consistent with the e xisting general plan and zoning line 16 designation for the lot.
line 17 (D) Require the accessory dwelling units to comply with all of line 18 the following:
line 19 (i) The accessory dwelling unit may be rented separate from line 20 the primary residence, but may not be sold or otherwise conveyed line 21 separate from the primary residence.
line 22 (ii) The lot is zoned to allo w single-f amily or multif amily line 23 dwelling residential use and includes a proposed or e xisting line 24 dwelling.
line 25 (iii) The accessory dwelling unit is either attached to, or located line 26 within, the proposed or e xisting primary dwelling, including line 27 attached garages, storage areas or similar uses, or an accessory line 28 structure is detached from the proposed or e xisting primary line 29 dwelling and located on the same lot as the proposed or e xisting line 30 primary dwelling.
line 31 (iv) If there is an existing primary dwelling, the total floor area line 32 of an attached accessory dwelling unit shall not exceed 50 percent line 33 of the existing primary dwelling.
line 34 (v) The total floor area for a detached accessory dwelling unit line 35 shall not exceed 1,200 square feet.
line 36 (vi) No passageway shall be required in conjunction with the line 37 construction of an accessory dwelling unit.
line 38 (vii) No setback shall be required for an existing living area or line 39 accessory structure or a structure constructed in the same location line 40 and to the same dimensions as an e xisting structure that is 97 — 14 — AB 916
line 1 converted to an accessory dwelling unit or to a portion of an line 2 accessory dwelling unit, and a setback of no more than four feet line 3 from the side and rear lot lines shall be required for an accessory line 4 dwelling unit that is not converted from an existing structure or a line 5 new structure constructed in the same location and to the same line 6 dimensions as an existing structure.
line 7 (viii) Local building code requirements that apply to detached line 8 dwellings, as appropriate.
line 9 (ix) Approval by the local health officer where a private sewage line 10 disposal system is being used, if required.
line 11 (x) (I) Parking requirements for accessory dwelling units shall line 12 not exceed one parking space per accessory dwelling unit or per line 13 bedroom, whiche ver is less. These spaces may be pro vided as line 14 tandem parking on a driveway.
line 15 (II) Offstreet parking shall be permitted in setback areas in line 16 locations determined by the local agenc y or through tandem line 17 parking, unless specific findings are made that parking in setback line 18 areas or tandem parking is not feasible based upon specific site or line 19 regional topographical or fire and life safety conditions. line 20 (III) This clause shall not apply to an accessory dwelling unit line 21 that is described in subdivision (d).
line 22 (xi) When a g arage, carport, or co vered parking structure is line 23 demolished in conjunction with the construction of an accessory line 24 dwelling unit or converted to an accessory dwelling unit, the local line 25 agency shall not require that those of fstreet parking spaces be line 26 replaced.
line 27 (xii) Accessory dwelling units shall not be required to provide line 28 fire sprinklers if they are not required for the primary residence. line 29 (2) The ordinance shall not be considered in the application of line 30 any local ordinance, policy, or program to limit residential growth. line 31 (3) A permit application for an accessory dwelling unit or a line 32 junior accessory dwelling unit shall be considered and appro ved line 33 ministerially without discretionary re view or a hearing, line 34 notwithstanding Section 65901 or 65906 or an y local ordinance line 35 regulating the issuance of v ariances or special use permits. The line 36 permitting agency shall act on the application to create an accessory line 37 dwelling unit or a junior accessory dwelling unit within 60 days line 38 from the date the local agency receives a completed application if line 39 there is an existing single-family or multifamily dwelling on the line 40 lot. If the permit application to create an accessory dwelling unit 97 AB 916 — 15 —
line 1 or a junior accessory dwelling unit is submitted with a permit line 2 application to create a new single-family dwelling on the lot, the line 3 permitting agency may delay acting on the permit application for line 4 the accessory dwelling unit or the junior accessory dwelling unit line 5 until the permitting agency acts on the permit application to create line 6 the new single-family dwelling, but the application to create the line 7 accessory dwelling unit or junior accessory dwelling unit shall be line 8 considered without discretionary review or hearing. If the applicant line 9 requests a delay , the 60-day time period shall be tolled for the line 10 period of the delay . If the local agenc y has not acted upon the line 11 completed application within 60 days, the application shall be line 12 deemed approved. A local agency may charge a fee to reimburse line 13 it for costs incurred to implement this paragraph, including the line 14 costs of adopting or amending any ordinance that provides for the line 15 creation of an accessory dwelling unit.
line 16 (4) An existing ordinance governing the creation of an accessory line 17 dwelling unit by a local agency or an accessory dwelling ordinance line 18 adopted by a local agency shall provide an approval process that line 19 includes only ministerial provisions for the approval of accessory line 20 dwelling units and shall not include an y discretionary processes, line 21 provisions, or requirements for those units, e xcept as otherwise line 22 provided in this subdi vision. If a local agenc y has an e xisting line 23 accessory dwelling unit ordinance that f ails to meet the line 24 requirements of this subdivision, that ordinance shall be null and line 25 void and that agency shall thereafter apply the standards established line 26 in this subdi vision for the appro val of accessory dwelling units, line 27 unless and until the agency adopts an ordinance that complies with line 28 this section.
line 29 (5) No other local ordinance, policy, or regulation shall be the line 30 basis for the delay or denial of a b uilding permit or a use permit line 31 under this subdivision.
line 32 (6) (A) This subdivision establishes the maximum standards line 33 that local agencies shall use to e valuate a proposed accessory line 34 dwelling unit on a lot that includes a proposed or e xisting line 35 single-family dwelling. No additional standards, other than those line 36 provided in this subdivision, shall be used or imposed except that, line 37 subject to subparagraph (B), a local agenc y may require an line 38 applicant for a permit issued pursuant to this subdivision to be an line 39 owner-occupant or that the property be used for rentals of terms line 40 longer than 30 days.
97 — 16 — AB 916
line 1 (B) Notwithstanding subparagraph (A), a local agency shall not line 2 impose an owner-occupant requirement on an accessory dwelling line 3 unit permitted between January 1, 2020, to January 1, 2025, during line 4 which time the local agenc y w as prohibited from imposing an line 5 owner-occupant requirement.
line 6 (7) A local agency may amend its zoning ordinance or general line 7 plan to incorporate the policies, procedures, or other pro visions line 8 applicable to the creation of an accessory dwelling unit if these line 9 provisions are consistent with the limitations of this subdivision. line 10 (8) An accessory dwelling unit that conforms to this subdivision line 11 shall be deemed to be an accessory use or an accessory b uilding line 12 and shall not be considered to exceed the allowable density for the line 13 lot upon which it is located, and shall be deemed to be a residential line 14 use that is consistent with the e xisting general plan and zoning line 15 designations for the lot. The accessory dwelling unit shall not be line 16 considered in the application of an y local ordinance, polic y, or line 17 program to limit residential growth.
line 18 (b) When a local agenc y that has not adopted an ordinance line 19 governing accessory dwelling units in accordance with subdivision line 20 (a) recei ves an application for a permit to create an accessory line 21 dwelling unit pursuant to this subdi vision, the local agency shall line 22 approve or disappro ve the application ministerially without line 23 discretionary review pursuant to subdi vision (a). The permitting line 24 agency shall act on the application to create an accessory dwelling line 25 unit or a junior accessory dwelling unit within 60 days from the line 26 date the local agency receives a completed application if there is line 27 an existing single-family or multifamily dwelling on the lot. If the line 28 permit application to create an accessory dwelling unit or a junior line 29 accessory dwelling unit is submitted with a permit application to line 30 create a ne w single-f amily dwelling on the lot, the permitting line 31 agency may delay acting on the permit application for the accessory line 32 dwelling unit or the junior accessory dwelling unit until the line 33 permitting agency acts on the permit application to create the new line 34 single-family dwelling, but the application to create the accessory line 35 dwelling unit or junior accessory dwelling unit shall still be line 36 considered ministerially without discretionary review or a hearing. line 37 If the applicant requests a delay , the 60-day time period shall be line 38 tolled for the period of the delay. If the local agency has not acted line 39 upon the completed application within 60 days, the application line 40 shall be deemed approved.
97 AB 916 — 17 —
line 1 (c) (1) Subject to paragraph (2), a local agenc y may establish line 2 minimum and maximum unit size requirements for both attached line 3 and detached accessory dwelling units.
line 4 (2) Notwithstanding paragraph (1), a local agenc y shall not line 5 establish by ordinance any of the following:
line 6 (A) A minimum square footage requirement for either an line 7 attached or detached accessory dwelling unit that prohibits an line 8 efficiency unit.
line 9 (B) A maximum square footage requirement for either an line 10 attached or detached accessory dwelling unit that is less than either line 11 of the following:
line 12 (i) 850 square feet.
line 13 (ii) 1,000 square feet for an accessory dwelling unit that provides line 14 more than one bedroom.
line 15 (C) Any other minimum or maximum size for an accessory line 16 dwelling unit, size based upon a percentage of the proposed or line 17 existing primary dwelling, or limits on lot co verage, floor area line 18 ratio, open space, and minimum lot size, for either attached or line 19 detached dwellings that does not permit at least an 800 square foot line 20 accessory dwelling unit that is at least 16 feet, or 18 feet for an line 21 accessory dwelling unit on a lot that has an e xisting multifamily line 22 dwelling, in height with four -foot side and rear yard setbacks to line 23 be constructed in compliance with all other local de velopment line 24 standards.
line 25 (d) Notwithstanding any other law, a local agency, whether or line 26 not it has adopted an ordinance governing accessory dwelling units line 27 in accordance with subdi vision (a), shall not impose parking line 28 standards for an accessory dwelling unit in an y of the follo wing line 29 instances:
line 30 (1) The accessory dwelling unit is located within one-half mile line 31 walking distance of public transit.
line 32 (2) The accessory dwelling unit is located within an line 33 architecturally and historically significant historic district. line 34 (3) The accessory dwelling unit is part of the proposed or line 35 existing primary residence or an accessory structure. line 36 (4) When on-street parking permits are required but not offered line 37 to the occupant of the accessory dwelling unit. line 38 (5) When there is a car share vehicle located within one block line 39 of the accessory dwelling unit.
97 — 18 — AB 916
line 1 (e) (1) Notwithstanding subdi visions (a) to (d), inclusi ve, a line 2 local agenc y shall ministerially appro ve an application for a line 3 building permit within a residential or mix ed-use zone to create line 4 any of the following:
line 5 (A) One accessory dwelling unit and one junior accessory line 6 dwelling unit per lot with a proposed or e xisting single-family line 7 dwelling if all of the following apply:
line 8 (i) The accessory dwelling unit or junior accessory dwelling line 9 unit is within the proposed space of a single-f amily dwelling or line 10 existing space of a single-f amily dwelling or accessory structure line 11 and may include an e xpansion of not more than 150 square feet line 12 beyond the same ph ysical dimensions as the e xisting accessory line 13 structure. An expansion beyond the ph ysical dimensions of the line 14 existing accessory structure shall be limited to accommodating line 15 ingress and egress.
line 16 (ii) The space has exterior access from the proposed or existing line 17 single-family dwelling.
line 18 (iii) The side and rear setbacks are sufficient for fire and safety. line 19 (iv) The junior accessory dwelling unit complies with the line 20 requirements of Section 65852.22.
line 21 (B) One detached, ne w construction, accessory dwelling unit line 22 that does not exceed four-foot side and rear yard setbacks for a lot line 23 with a proposed or existing single-family dwelling. The accessory line 24 dwelling unit may be combined with a junior accessory dwelling line 25 unit described in subparagraph (A). A local agency may impose line 26 the following conditions on the accessory dwelling unit:
line 27 (i) A total floor area limitation of not more than 800 square feet. line 28 (ii) A height limitation of 16 feet.
line 29 (C) (i) Multiple accessory dwelling units within the portions line 30 of existing multifamily dwelling structures that are not used as line 31 livable space, including, but not limited to, storage rooms, boiler line 32 rooms, passageways, attics, basements, or g arages, if each unit line 33 complies with state building standards for dwellings. line 34 (ii) A local agency shall allow at least one accessory dwelling line 35 unit within an existing multifamily dwelling and shall allow up to line 36 25 percent of the existing multifamily dwelling units. line 37 (D) Not more than two accessory dwelling units that are located line 38 on a lot that has an existing multifamily dwelling, but are detached line 39 from that multifamily dwelling and are subject to a height limit of 97 AB 916 — 19 —
line 1 18 feet and four-foot rear yard and side setbacks. The two accessory line 2 dwelling units may be attached to each other.
line 3 (2) A local agency shall not require, as a condition for ministerial line 4 approval of a permit application for the creation of an accessory line 5 dwelling unit or a junior accessory dwelling unit, the correction line 6 of nonconforming zoning conditions.
line 7 (3) The installation of fire sprinklers shall not be required in an line 8 accessory dwelling unit if sprinklers are not required for the line 9 primary residence.
line 10 (4) A local agency may require owner occupancy for either the line 11 primary dwelling or the accessory dwelling unit on a single-family line 12 lot, subject to the requirements of paragraph (6) of subdivision (a). line 13 (5) A local agency shall require that a rental of the accessory line 14 dwelling unit created pursuant to this subdi vision be for a term line 15 longer than 30 days.
line 16 (6) A local agency may require, as part of the application for a line 17 permit to create an accessory dwelling unit connected to an onsite line 18 wastewater treatment system, a percolation test completed within line 19 the last five years, or, if the percolation test has been recertified, line 20 within the last 10 years.
line 21 (7) Notwithstanding subdivision (c) and paragraph (1) a local line 22 agency that has adopted an ordinance by July 1, 2018, pro viding line 23 for the appro val of accessory dwelling units in multif amily line 24 dwelling structures shall ministerially consider a permit application line 25 to construct an accessory dwelling unit that is described in line 26 paragraph (1), and may impose standards including, but not limited line 27 to, design, development, and historic standards on said accessory line 28 dwelling units. These standards shall not include requirements on line 29 minimum lot size.
line 30 (f) (1) Fees charged for the construction of accessory dwelling line 31 units shall be determined in accordance with Chapter 5 line 32 (commencing with Section 66000) and Chapter 7 (commencing line 33 with Section 66012).
line 34 (2) An accessory dwelling unit shall not be considered by a line 35 local agency, special district, or w ater corporation to be a ne w line 36 residential use for purposes of calculating connection fees or line 37 capacity charges for utilities, including w ater and sewer service, line 38 unless the accessory dwelling unit w as constructed with a ne w line 39 single-family dwelling.
97 — 20 — AB 916
line 1 (3) (A) A local agenc y, special district, or w ater corporation line 2 shall not impose an y impact fee upon the de velopment of an line 3 accessory dwelling unit less than 750 square feet. Any impact fees line 4 charged for an accessory dwelling unit of 750 square feet or more line 5 shall be charged proportionately in relation to the square footage line 6 of the primary dwelling unit.
line 7 (B) For purposes of this paragraph, “impact fee” has the same line 8 meaning as the term “fee” is defined in subdivision (b) of Section line 9 66000, except that it also includes fees specified in Section 66477. line 10 “Impact fee” does not include an y connection fee or capacity line 11 charge char ged by a local agenc y, special district, or w ater line 12 corporation.
line 13 (4) For an accessory dwelling unit described in subparagraph line 14 (A) of paragraph (1) of subdi vision (e), a local agenc y, special line 15 district, or w ater corporation shall not require the applicant to line 16 install a ne w or separate utility connection directly between the line 17 accessory dwelling unit and the utility or impose a related line 18 connection fee or capacity charge, unless the accessory dwelling line 19 unit was constructed with a new single-family dwelling. line 20 (5) For an accessory dwelling unit that is not described in line 21 subparagraph (A) of paragraph (1) of subdi vision (e), a local line 22 agency, special district, or w ater corporation may require a ne w line 23 or separate utility connection directly between the accessory line 24 dwelling unit and the utility . Consistent with Section 66013, the line 25 connection may be subject to a connection fee or capacity charge line 26 that shall be proportionate to the burden of the proposed accessory line 27 dwelling unit, based upon either its square feet or the number of line 28 its drainage fixture unit (DFU) values, as defined in the Uniform line 29 Plumbing Code adopted and published by the International line 30 Association of Plumbing and Mechanical Officials, upon the water line 31 or sewer system. This fee or charge shall not exceed the reasonable line 32 cost of providing this service.
line 33 (g) This section does not limit the authority of local agencies line 34 to adopt less restricti ve requirements for the creation of an line 35 accessory dwelling unit.
line 36 (h) (1) A local agenc y shall submit a cop y of the ordinance line 37 adopted pursuant to subdivision (a) to the Department of Housing line 38 and Community Development within 60 days after adoption. After line 39 adoption of an ordinance, the department may submit written 97 AB 916 — 21 —
line 1 findings to the local agency as to whether the ordinance complies line 2 with this section.
line 3 (2) (A) If the department finds that the local agency’s ordinance line 4 does not comply with this section, the department shall notify the line 5 local agency and shall provide the local agency with a reasonable line 6 time, no longer than 30 days, to respond to the findings before line 7 taking any other action authorized by this section. line 8 (B) The local agency shall consider the findings made by the line 9 department pursuant to subparagraph (A) and shall do one of the line 10 following:
line 11 (i) Amend the ordinance to comply with this section. line 12 (ii) Adopt the ordinance without changes. The local agenc y line 13 shall include findings in its resolution adopting the ordinance that line 14 explain the reasons the local agenc y believes that the ordinance line 15 complies with this section despite the findings of the department. line 16 (3) (A) If the local agenc y does not amend its ordinance in line 17 response to the department’s findings or does not adopt a resolution line 18 with findings explaining the reason the ordinance complies with line 19 this section and addressing the department’ s findings, the line 20 department shall notify the local agenc y and may notify the line 21 Attorney General that the local agency is in violation of state law. line 22 (B) Before notifying the Attorney General that the local agency line 23 is in violation of state law, the department may consider whether line 24 a local agency adopted an ordinance in compliance with this section line 25 between January 1, 2017, and January 1, 2020.
line 26 (i) The department may re view, adopt, amend, or repeal line 27 guidelines to implement uniform standards or criteria that line 28 supplement or clarify the terms, references, and standards set forth line 29 in this section. The guidelines adopted pursuant to this subdivision line 30 are not subject to Chapter 3.5 (commencing with Section 11340) line 31 of Part 1 of Division 3 of Title 2.
line 32 (j) As used in this section, the following terms mean:
line 33 (1) “Accessory dwelling unit” means an attached or a detached line 34 residential dwelling unit that provides complete independent living line 35 facilities for one or more persons and is located on a lot with a line 36 proposed or existing primary residence. It shall include permanent line 37 provisions for living, sleeping, eating, cooking, and sanitation on line 38 the same parcel as the single-family or multifamily dwelling is or line 39 will be situated. An accessory dwelling unit also includes the line 40 following:
97 — 22 — AB 916
line 1 (A) An efficiency unit.
line 2 (B) A manufactured home, as defined in Section 18007 of the line 3 Health and Safety Code.
line 4 (2) “Accessory structure” means a structure that is accessory line 5 and incidental to a dwelling located on the same lot. line 6 (3) “Efficiency unit” has the same meaning as defined in Section line 7 17958.1 of the Health and Safety Code.
line 8 (4) “Living area” means the interior habitable area of a dwelling line 9 unit, including basements and attics, but does not include a garage line 10 or any accessory structure.
line 11 (5) “Local agency” means a city , county, or city and county , line 12 whether general law or chartered.
line 13 (6) “Nonconforming zoning condition” means a ph ysical line 14 improvement on a property that does not conform to current zoning line 15 standards.
line 16 (7) “Passageway” means a pathway that is unobstructed, clear line 17 to the sk y, and e xtends from a street to one entrance of the line 18 accessory dwelling unit.
line 19 (8) “Proposed dwelling” means a dwelling that is the subject of line 20 a permit application and that meets the requirements for permitting. line 21 (9) “Public transit” means a location, including, but not limited line 22 to, a bus stop or train station, where the public may access buses, line 23 trains, subways, and other forms of transportation that charge set line 24 fares, run on fixed routes, and are available to the public. line 25 (10) “Tandem parking” means that tw o or more automobiles line 26 are parked on a dri veway or in an y other location on a lot, lined line 27 up behind one another.
line 28 (k) A local agency shall not issue a certificate of occupancy for line 29 an accessory dwelling unit before the local agenc y issues a line 30 certificate of occupancy for the primary dwelling. line 31 (l) Nothing in this section shall be construed to supersede or in line 32 any way alter or lessen the effect or application of the California line 33 Coastal Act of 1976 (Di vision 20 (commencing with Section line 34 30000) of the Public Resources Code), e xcept that the local line 35 government shall not be required to hold public hearings for coastal line 36 development permit applications for accessory dwelling units. line 37 (m) A local agency may count an accessory dwelling unit for line 38 purposes of identifying adequate sites for housing, as specified in line 39 subdivision (a) of Section 65583.1, subject to authorization by the line 40 department and compliance with this division.
97 AB 916 — 23 —
line 1 (n) In enforcing b uilding standards pursuant to Article 1 line 2 (commencing with Section 17960) of Chapter 5 of P art 1.5 of line 3 Division 13 of the Health and Safety Code for an accessory line 4 dwelling unit described in paragraph (1) or (2) belo w, a local line 5 agency, upon request of an o wner of an accessory dwelling unit line 6 for a delay in enforcement, shall delay enforcement of a building line 7 standard, subject to compliance with Section 17980.12 of the line 8 Health and Safety Code:
line 9 (1) The accessory dwelling unit w as b uilt before January 1, line 10 2020.
line 11 (2) The accessory dwelling unit w as built on or after January line 12 1, 2020, in a local jurisdiction that, at the time the accessory line 13 dwelling unit w as built, had a noncompliant accessory dwelling line 14 unit ordinance, b ut the ordinance is compliant at the time the line 15 request is made.
line 16 (o) This section shall become operative on January 1, 2025. line 17 SEC. 2. Section 65852.2 of the Government Code, as amended line 18 by Section 1 of Chapter 343 of the Statutes of 2021, is amended line 19 to read:
line 20 65852.2. (a) (1) A local agency may, by ordinance, pro vide line 21 for the creation of accessory dwelling units in areas zoned to allow line 22 single-family or multif amily dwelling residential use. The line 23 ordinance shall do all of the following:
line 24 (A) Designate areas within the jurisdiction of the local agency line 25 where accessory dwelling units may be permitted. The designation line 26 of areas may be based on the adequacy of water and sewer services line 27 and the impact of accessory dwelling units on traffic flo w and line 28 public safety. A local agency that does not provide water or sewer line 29 services shall consult with the local water or sewer service provider line 30 regarding the adequac y of w ater and se wer services before line 31 designating an area where accessory dwelling units may be line 32 permitted.
line 33 (B) (i) Impose standards on accessory dwelling units that line 34 include, but are not limited to, parking, height, setback, landscape, line 35 architectural review, maximum size of a unit, and standards that line 36 prevent adverse impacts on any real property that is listed in the line 37 California Register of Historical Resources. These standards shall line 38 not include requirements on minimum lot size.
97 — 24 — AB 916
line 1 (ii) Notwithstanding clause (i), a local agenc y may reduce or line 2 eliminate parking requirements for an y accessory dwelling unit line 3 located within its jurisdiction.
line 4 (C) Provide that accessory dwelling units do not e xceed the line 5 allowable density for the lot upon which the accessory dwelling line 6 unit is located, and that accessory dwelling units are a residential line 7 use that is consistent with the e xisting general plan and zoning line 8 designation for the lot.
line 9 (D) Require the accessory dwelling units to comply with all of line 10 the following:
line 11 (i) Except as pro vided in Section 65852.26, the accessory line 12 dwelling unit may be rented separate from the primary residence, line 13 but may not be sold or otherwise con veyed separate from the line 14 primary residence.
line 15 (ii) The lot is zoned to allo w single-f amily or multif amily line 16 dwelling residential use and includes a proposed or e xisting line 17 dwelling.
line 18 (iii) The accessory dwelling unit is either attached to, or located line 19 within, the proposed or e xisting primary dwelling, including line 20 attached g arages, storage areas ar eas, or similar uses, or an line 21 accessory structure or is detached from the proposed or e xisting line 22 primary dwelling and located on the same lot as the proposed or line 23 existing primary dwelling.
line 24 (iv) If there is an existing primary dwelling, the total floor area line 25 of an attached accessory dwelling unit shall not exceed 50 percent line 26 of the existing primary dwelling.
line 27 (v) The total floor area for a detached accessory dwelling unit line 28 shall not exceed 1,200 square feet.
line 29 (vi) No passageway shall be required in conjunction with the line 30 construction of an accessory dwelling unit.
line 31 (vii) No setback shall be required for an existing living area or line 32 accessory structure or a structure constructed in the same location line 33 and to the same dimensions as an e xisting structure that is line 34 converted to an accessory dwelling unit or to a portion of an line 35 accessory dwelling unit, and a setback of no more than four feet line 36 from the side and rear lot lines shall be required for an accessory line 37 dwelling unit that is not converted from an existing structure or a line 38 new structure constructed in the same location and to the same line 39 dimensions as an existing structure.
97 AB 916 — 25 —
line 1 (viii) Local building code requirements that apply to detached line 2 dwellings, as appropriate.
line 3 (ix) Approval by the local health officer where a private sewage line 4 disposal system is being used, if required.
line 5 (x) (I) Parking requirements for accessory dwelling units shall line 6 not exceed one parking space per accessory dwelling unit or per line 7 bedroom, whiche ver is less. These spaces may be pro vided as line 8 tandem parking on a driveway.
line 9 (II) Offstreet parking shall be permitted in setback areas in line 10 locations determined by the local agenc y or through tandem line 11 parking, unless specific findings are made that parking in setback line 12 areas or tandem parking is not feasible based upon specific site or line 13 regional topographical or fire and life safety conditions. line 14 (III) This clause shall not apply to an accessory dwelling unit line 15 that is described in subdivision (d).
line 16 (xi) When a g arage, carport, or co vered parking structure is line 17 demolished in conjunction with the construction of an accessory line 18 dwelling unit or converted to an accessory dwelling unit, the local line 19 agency shall not require that those of fstreet parking spaces be line 20 replaced.
line 21 (xii) Accessory dwelling units shall not be required to provide line 22 fire sprinklers if they are not required for the primary residence. line 23 (2) The ordinance shall not be considered in the application of line 24 any local ordinance, policy, or program to limit residential growth. line 25 (3) A permit application for an accessory dwelling unit or a line 26 junior accessory dwelling unit shall be considered and appro ved line 27 ministerially without discretionary re view or a hearing, line 28 notwithstanding Section 65901 or 65906 or an y local ordinance line 29 regulating the issuance of v ariances or special use permits. The line 30 permitting agency shall act on the application to create an accessory line 31 dwelling unit or a junior accessory dwelling unit within 60 days line 32 from the date the local agency receives a completed application if line 33 there is an existing single-family or multifamily dwelling on the line 34 lot. If the permit application to create an accessory dwelling unit line 35 or a junior accessory dwelling unit is submitted with a permit line 36 application to create a new single-family dwelling on the lot, the line 37 permitting agency may delay acting on the permit application for line 38 the accessory dwelling unit or the junior accessory dwelling unit line 39 until the permitting agency acts on the permit application to create line 40 the new single-family dwelling, but the application to create the 97 — 26 — AB 916
line 1 accessory dwelling unit or junior accessory dwelling unit shall be line 2 considered without discretionary review or hearing. If the applicant line 3 requests a delay , the 60-day time period shall be tolled for the line 4 period of the delay . If the local agenc y has not acted upon the line 5 completed application within 60 days, the application shall be line 6 deemed approved. A local agency may charge a fee to reimburse line 7 it for costs incurred to implement this paragraph, including the line 8 costs of adopting or amending any ordinance that provides for the line 9 creation of an accessory dwelling unit.
line 10 (4) An existing ordinance governing the creation of an accessory line 11 dwelling unit by a local agency or an accessory dwelling ordinance line 12 adopted by a local agency shall provide an approval process that line 13 includes only ministerial provisions for the approval of accessory line 14 dwelling units and shall not include an y discretionary processes, line 15 provisions, or requirements for those units, e xcept as otherwise line 16 provided in this subdi vision. If a local agenc y has an e xisting line 17 accessory dwelling unit ordinance that f ails to meet the line 18 requirements of this subdivision, that ordinance shall be null and line 19 void and that agency shall thereafter apply the standards established line 20 in this subdi vision for the appro val of accessory dwelling units, line 21 unless and until the agency adopts an ordinance that complies with line 22 this section.
line 23 (5) No other local ordinance, policy, or regulation shall be the line 24 basis for the delay or denial of a b uilding permit or a use permit line 25 under this subdivision.
line 26 (6) This subdivision establishes the maximum standards that line 27 local agencies shall use to evaluate a proposed accessory dwelling line 28 unit on a lot that includes a proposed or e xisting single-family line 29 dwelling. No additional standards, other than those pro vided in line 30 this subdi vision, shall be used or imposed, including an y line 31 owner-occupant requirement, e xcept that a local agenc y may line 32 require that the property be used for rentals of terms longer than line 33 30 days.
line 34 (7) A local agency may amend its zoning ordinance or general line 35 plan to incorporate the policies, procedures, or other pro visions line 36 applicable to the creation of an accessory dwelling unit if these line 37 provisions are consistent with the limitations of this subdivision. line 38 (8) An accessory dwelling unit that conforms to this subdivision line 39 shall be deemed to be an accessory use or an accessory b uilding line 40 and shall not be considered to exceed the allowable density for the 97 AB 916 — 27 —
line 1 lot upon which it is located, and shall be deemed to be a residential line 2 use that is consistent with the e xisting general plan and zoning line 3 designations for the lot. The accessory dwelling unit shall not be line 4 considered in the application of an y local ordinance, polic y, or line 5 program to limit residential growth.
line 6 (b) When a local agenc y that has not adopted an ordinance line 7 governing accessory dwelling units in accordance with subdivision line 8 (a) recei ves an application for a permit to create an accessory line 9 dwelling unit pursuant to this subdi vision, the local agency shall line 10 approve or disappro ve the application ministerially without line 11 discretionary review pursuant to subdi vision (a). The permitting line 12 agency shall act on the application to create an accessory dwelling line 13 unit or a junior accessory dwelling unit within 60 days from the line 14 date the local agency receives a completed application if there is line 15 an existing single-family or multifamily dwelling on the lot. If the line 16 permit application to create an accessory dwelling unit or a junior line 17 accessory dwelling unit is submitted with a permit application to line 18 create a ne w single-f amily dwelling on the lot, the permitting line 19 agency may delay acting on the permit application for the accessory line 20 dwelling unit or the junior accessory dwelling unit until the line 21 permitting agency acts on the permit application to create the new line 22 single-family dwelling, but the application to create the accessory line 23 dwelling unit or junior accessory dwelling unit shall still be line 24 considered ministerially without discretionary review or a hearing. line 25 If the applicant requests a delay , the 60-day time period shall be line 26 tolled for the period of the delay. If the local agency has not acted line 27 upon the completed application within 60 days, the application line 28 shall be deemed approved.
line 29 (c) (1) Subject to paragraph (2), a local agenc y may establish line 30 minimum and maximum unit size requirements for both attached line 31 and detached accessory dwelling units.
line 32 (2) Notwithstanding paragraph (1), a local agenc y shall not line 33 establish by ordinance any of the following:
line 34 (A) A minimum square footage requirement for either an line 35 attached or detached accessory dwelling unit that prohibits an line 36 efficiency unit.
line 37 (B) A maximum square footage requirement for either an line 38 attached or detached accessory dwelling unit that is less than either line 39 of the following:
line 40 (i) 850 square feet.
97 — 28 — AB 916
line 1 (ii) 1,000 square feet for an accessory dwelling unit that provides line 2 more than one bedroom.
line 3 (C) Any other minimum or maximum size for an accessory line 4 dwelling unit, size based upon a percentage of the proposed or line 5 existing primary dwelling, or limits on lot co verage, floor area line 6 ratio, open space, and minimum lot size, for either attached or line 7 detached dwellings that does not permit at least an 800 square foot line 8 accessory dwelling unit that is at least 16 feet feet, or 18 feet for line 9 an accessory dwelling unit on a lot that has an existing multifamily line 10 and multistory dwelling, in height with four-foot side and rear yard line 11 setbacks to be constructed in compliance with all other local line 12 development standards.
line 13 (d) Notwithstanding any other law, a local agency, whether or line 14 not it has adopted an ordinance governing accessory dwelling units line 15 in accordance with subdi vision (a), shall not impose parking line 16 standards for an accessory dwelling unit in an y of the follo wing line 17 instances:
line 18 (1) The accessory dwelling unit is located within one-half mile line 19 walking distance of public transit.
line 20 (2) The accessory dwelling unit is located within an line 21 architecturally and historically significant historic district. line 22 (3) The accessory dwelling unit is part of the proposed or line 23 existing primary residence or an accessory structure. line 24 (4) When on-street parking permits are required but not offered line 25 to the occupant of the accessory dwelling unit. line 26 (5) When there is a car share vehicle located within one block line 27 of the accessory dwelling unit.
line 28 (e) (1) Notwithstanding subdi visions (a) to (d), inclusi ve, a line 29 local agenc y shall ministerially appro ve an application for a line 30 building permit within a residential or mix ed-use zone to create line 31 any of the following:
line 32 (A) One accessory dwelling unit and one junior accessory line 33 dwelling unit per lot with a proposed or e xisting single-family line 34 dwelling if all of the following apply:
line 35 (i) The accessory dwelling unit or junior accessory dwelling line 36 unit is within the proposed space of a single-f amily dwelling or line 37 existing space of a single-f amily dwelling or accessory structure line 38 and may include an e xpansion of not more than 150 square feet line 39 beyond the same ph ysical dimensions as the e xisting accessory line 40 structure. An expansion beyond the ph ysical dimensions of the 97 AB 916 — 29 —
line 1 existing accessory structure shall be limited to accommodating line 2 ingress and egress.
line 3 (ii) The space has exterior access from the proposed or existing line 4 single-family dwelling.
line 5 (iii) The side and rear setbacks are sufficient for fire and safety. line 6 (iv) The junior accessory dwelling unit complies with the line 7 requirements of Section 65852.22.
line 8 (B) One detached, ne w construction, accessory dwelling unit line 9 that does not exceed four-foot side and rear yard setbacks for a lot line 10 with a proposed or existing single-family dwelling. The accessory line 11 dwelling unit may be combined with a junior accessory dwelling line 12 unit described in subparagraph (A). A local agency may impose line 13 the following conditions on the accessory dwelling unit:
line 14 (i) A total floor area limitation of not more than 800 square feet. line 15 (ii) A height limitation of 16 feet.
line 16 (C) (i) Multiple accessory dwelling units within the portions line 17 of existing multifamily dwelling structures that are not used as line 18 livable space, including, but not limited to, storage rooms, boiler line 19 rooms, passageways, attics, basements, or g arages, if each unit line 20 complies with state building standards for dwellings. line 21 (ii) A local agency shall allow at least one accessory dwelling line 22 unit within an existing multifamily dwelling and shall allow up to line 23 25 percent of the existing multifamily dwelling units. line 24 (D) Not more than two accessory dwelling units that are located line 25 on a lot that has an existing multifamily dwelling, but are detached line 26 from that multifamily dwelling and are subject to a height limit of line 27 16 18 feet and four-foot rear yard and side setbacks. line 28 (2) A local agency shall not require, as a condition for ministerial line 29 approval of a permit application for the creation of an accessory line 30 dwelling unit or a junior accessory dwelling unit, the correction line 31 of nonconforming zoning conditions.
line 32 (3) The installation of fire sprinklers shall not be required in an line 33 accessory dwelling unit if sprinklers are not required for the line 34 primary residence.
line 35 (4) A local agency shall require that a rental of the accessory line 36 dwelling unit created pursuant to this subdi vision be for a term line 37 longer than 30 days.
line 38 (5) A local agency may require, as part of the application for a line 39 permit to create an accessory dwelling unit connected to an onsite line 40 wastewater treatment system, a percolation test completed within 97 — 30 — AB 916
line 1 the last five years, or, if the percolation test has been recertified, line 2 within the last 10 years.
line 3 (6) Notwithstanding subdivision (c) and paragraph (1) a local line 4 agency that has adopted an ordinance by July 1, 2018, pro viding line 5 for the appro val of accessory dwelling units in multif amily line 6 dwelling structures shall ministerially consider a permit application line 7 to construct an accessory dwelling unit that is described in line 8 paragraph (1), and may impose standards including, but not limited line 9 to, design, development, and historic standards on said accessory line 10 dwelling units. These standards shall not include requirements on line 11 minimum lot size.
line 12 (f) (1) Fees charged for the construction of accessory dwelling line 13 units shall be determined in accordance with Chapter 5 line 14 (commencing with Section 66000) and Chapter 7 (commencing line 15 with Section 66012).
line 16 (2) An accessory dwelling unit shall not be considered by a line 17 local agency, special district, or w ater corporation to be a ne w line 18 residential use for purposes of calculating connection fees or line 19 capacity charges for utilities, including w ater and sewer service, line 20 unless the accessory dwelling unit w as constructed with a ne w line 21 single-family dwelling.
line 22 (3) (A) A local agenc y, special district, or w ater corporation line 23 shall not impose an y impact fee upon the de velopment of an line 24 accessory dwelling unit less than 750 square feet. Any impact fees line 25 charged for an accessory dwelling unit of 750 square feet or more line 26 shall be charged proportionately in relation to the square footage line 27 of the primary dwelling unit.
line 28 (B) For purposes of this paragraph, “impact fee” has the same line 29 meaning as the term “fee” is defined in subdivision (b) of Section line 30 66000, except that it also includes fees specified in Section 66477. line 31 “Impact fee” does not include an y connection fee or capacity line 32 charge char ged by a local agenc y, special district, or w ater line 33 corporation.
line 34 (4) For an accessory dwelling unit described in subparagraph line 35 (A) of paragraph (1) of subdi vision (e), a local agenc y, special line 36 district, or w ater corporation shall not require the applicant to line 37 install a ne w or separate utility connection directly between the line 38 accessory dwelling unit and the utility or impose a related line 39 connection fee or capacity charge, unless the accessory dwelling line 40 unit was constructed with a new single-family home. 97 AB 916 — 31 —
line 1 (5) For an accessory dwelling unit that is not described in line 2 subparagraph (A) of paragraph (1) of subdi vision (e), a local line 3 agency, special district, or w ater corporation may require a ne w line 4 or separate utility connection directly between the accessory line 5 dwelling unit and the utility . Consistent with Section 66013, the line 6 connection may be subject to a connection fee or capacity charge line 7 that shall be proportionate to the burden of the proposed accessory line 8 dwelling unit, based upon either its square feet or the number of line 9 its drainage fixture unit (DFU) values, as defined in the Uniform line 10 Plumbing Code adopted and published by the International line 11 Association of Plumbing and Mechanical Officials, upon the water line 12 or sewer system. This fee or charge shall not exceed the reasonable line 13 cost of providing this service.
line 14 (g) This section does not limit the authority of local agencies line 15 to adopt less restricti ve requirements for the creation of an line 16 accessory dwelling unit.
line 17 (h) (1) A local agenc y shall submit a cop y of the ordinance line 18 adopted pursuant to subdivision (a) to the Department of Housing line 19 and Community Development within 60 days after adoption. After line 20 adoption of an ordinance, the department may submit written line 21 findings to the local agency as to whether the ordinance complies line 22 with this section.
line 23 (2) (A) If the department finds that the local agency’s ordinance line 24 does not comply with this section, the department shall notify the line 25 local agency and shall provide the local agency with a reasonable line 26 time, no longer than 30 days, to respond to the findings before line 27 taking any other action authorized by this section. line 28 (B) The local agency shall consider the findings made by the line 29 department pursuant to subparagraph (A) and shall do one of the line 30 following:
line 31 (i) Amend the ordinance to comply with this section. line 32 (ii) Adopt the ordinance without changes. The local agenc y line 33 shall include findings in its resolution adopting the ordinance that line 34 explain the reasons the local agenc y believes that the ordinance line 35 complies with this section despite the findings of the department. line 36 (3) (A) If the local agenc y does not amend its ordinance in line 37 response to the department’s findings or does not adopt a resolution line 38 with findings explaining the reason the ordinance complies with line 39 this section and addressing the department’ s findings, the 97 — 32 — AB 916
line 1 department shall notify the local agenc y and may notify the line 2 Attorney General that the local agency is in violation of state law. line 3 (B) Before notifying the Attorney General that the local agency line 4 is in violation of state law, the department may consider whether line 5 a local agency adopted an ordinance in compliance with this section line 6 between January 1, 2017, and January 1, 2020.
line 7 (i) The department may re view, adopt, amend, or repeal line 8 guidelines to implement uniform standards or criteria that line 9 supplement or clarify the terms, references, and standards set forth line 10 in this section. The guidelines adopted pursuant to this subdivision line 11 are not subject to Chapter 3.5 (commencing with Section 11340) line 12 of Part 1 of Division 3 of Title 2.
line 13 (j) As used in this section, the following terms mean:
line 14 (1) “Accessory dwelling unit” means an attached or a detached line 15 residential dwelling unit that provides complete independent living line 16 facilities for one or more persons and is located on a lot with a line 17 proposed or existing primary residence. It shall include permanent line 18 provisions for living, sleeping, eating, cooking, and sanitation on line 19 the same parcel as the single-family or multifamily dwelling is or line 20 will be situated. An accessory dwelling unit also includes the line 21 following:
line 22 (A) An efficiency unit.
line 23 (B) A manufactured home, as defined in Section 18007 of the line 24 Health and Safety Code.
line 25 (2) “Accessory structure” means a structure that is accessory line 26 and incidental to a dwelling located on the same lot. line 27 (3) “Efficiency unit” has the same meaning as defined in Section line 28 17958.1 of the Health and Safety Code.
line 29 (4) “Living area” means the interior habitable area of a dwelling line 30 unit, including basements and attics, but does not include a garage line 31 or any accessory structure.
line 32 (5) “Local agency” means a city , county, or city and county , line 33 whether general law or chartered.
line 34 (6) “Nonconforming zoning condition” means a ph ysical line 35 improvement on a property that does not conform with to current line 36 zoning standards.
line 37 (7) “Passageway” means a pathw ay that is unobstructed line 38 unobstructed, clear to the sky sky, and extends from a street to one line 39 entrance of the accessory dwelling unit.
97 AB 916 — 33 —
line 1 (8) “Proposed dwelling” means a dwelling that is the subject of line 2 a permit application and that meets the requirements for permitting. line 3 (9) “Public transit” means a location, including, but not limited line 4 to, a bus stop or train station, where the public may access buses, line 5 trains, subways, and other forms of transportation that charge set line 6 fares, run on fixed routes, and are available to the public. line 7 (10) “Tandem parking” means that tw o or more automobiles line 8 are parked on a dri veway or in an y other location on a lot, lined line 9 up behind one another.
line 10 (k) A local agency shall not issue a certificate of occupancy for line 11 an accessory dwelling unit before the local agenc y issues a line 12 certificate of occupancy for the primary dwelling. line 13 (l) Nothing in this section shall be construed to supersede or in line 14 any way alter or lessen the effect or application of the California line 15 Coastal Act of 1976 (Di vision 20 (commencing with Section line 16 30000) of the Public Resources Code), e xcept that the local line 17 government shall not be required to hold public hearings for coastal line 18 development permit applications for accessory dwelling units. line 19 (m) A local agency may count an accessory dwelling unit for line 20 purposes of identifying adequate sites for housing, as specified in line 21 subdivision (a) of Section 65583.1, subject to authorization by the line 22 department and compliance with this division.
line 23 (n) In enforcing b uilding standards pursuant to Article 1 line 24 (commencing with Section 17960) of Chapter 5 of P art 1.5 of line 25 Division 13 of the Health and Safety Code for an accessory line 26 dwelling unit described in paragraph (1) or (2) belo w, a local line 27 agency, upon request of an o wner of an accessory dwelling unit line 28 for a delay in enforcement, shall delay enforcement of a building line 29 standard, subject to compliance with Section 17980.12 of the line 30 Health and Safety Code:
line 31 (1) The accessory dwelling unit w as b uilt before January 1, line 32 2020.
line 33 (2) The accessory dwelling unit w as built on or after January line 34 1, 2020, in a local jurisdiction that, at the time the accessory line 35 dwelling unit w as built, had a noncompliant accessory dwelling line 36 unit ordinance, b ut the ordinance is compliant at the time the line 37 request is made.
line 38 (o) This section shall remain in effect only until January 1, 2025, line 39 and as of that date is repealed.
97 — 34 — AB 916
line 1 SEC. 3. Section 65852.2 of the Government Code, as amended line 2 by Section 2 of Chapter 343 of the Statutes of 2021, is amended line 3 to read:
line 4 65852.2. (a) (1) A local agency may, by ordinance, pro vide line 5 for the creation of accessory dwelling units in areas zoned to allow line 6 single-family or multif amily dwelling residential use. The line 7 ordinance shall do all of the following:
line 8 (A) Designate areas within the jurisdiction of the local agency line 9 where accessory dwelling units may be permitted. The designation line 10 of areas may be based on the adequacy of water and sewer services line 11 and the impact of accessory dwelling units on traffic flo w and line 12 public safety. A local agency that does not provide water or sewer line 13 services shall consult with the local water or sewer service provider line 14 regarding the adequac y of w ater and se wer services before line 15 designating an area where accessory dwelling units may be line 16 permitted.
line 17 (B) (i) Impose standards on accessory dwelling units that line 18 include, but are not limited to, parking, height, setback, landscape, line 19 architectural review, maximum size of a unit, and standards that line 20 prevent adverse impacts on any real property that is listed in the line 21 California Register of Historical Resources. These standards shall line 22 not include requirements on minimum lot size.
line 23 (ii) Notwithstanding clause (i), a local agenc y may reduce or line 24 eliminate parking requirements for an y accessory dwelling unit line 25 located within its jurisdiction.
line 26 (C) Provide that accessory dwelling units do not e xceed the line 27 allowable density for the lot upon which the accessory dwelling line 28 unit is located, and that accessory dwelling units are a residential line 29 use that is consistent with the e xisting general plan and zoning line 30 designation for the lot.
line 31 (D) Require the accessory dwelling units to comply with all of line 32 the following:
line 33 (i) Except as pro vided in Section 65852.26, the accessory line 34 dwelling unit may be rented separate from the primary residence, line 35 but may not be sold or otherwise con veyed separate from the line 36 primary residence.
line 37 (ii) The lot is zoned to allo w single-f amily or multif amily line 38 dwelling residential use and includes a proposed or e xisting line 39 dwelling.
97 AB 916 — 35 —
line 1 (iii) The accessory dwelling unit is either attached to, or located line 2 within, the proposed or e xisting primary dwelling, including line 3 attached g arages, storage areas ar eas, or similar uses, or an line 4 accessory structure or is detached from the proposed or e xisting line 5 primary dwelling and located on the same lot as the proposed or line 6 existing primary dwelling.
line 7 (iv) If there is an existing primary dwelling, the total floor area line 8 of an attached accessory dwelling unit shall not exceed 50 percent line 9 of the existing primary dwelling.
line 10 (v) The total floor area for a detached accessory dwelling unit line 11 shall not exceed 1,200 square feet.
line 12 (vi) No passageway shall be required in conjunction with the line 13 construction of an accessory dwelling unit.
line 14 (vii) No setback shall be required for an existing living area or line 15 accessory structure or a structure constructed in the same location line 16 and to the same dimensions as an e xisting structure that is line 17 converted to an accessory dwelling unit or to a portion of an line 18 accessory dwelling unit, and a setback of no more than four feet line 19 from the side and rear lot lines shall be required for an accessory line 20 dwelling unit that is not converted from an existing structure or a line 21 new structure constructed in the same location and to the same line 22 dimensions as an existing structure.
line 23 (viii) Local building code requirements that apply to detached line 24 dwellings, as appropriate.
line 25 (ix) Approval by the local health officer where a private sewage line 26 disposal system is being used, if required.
line 27 (x) (I) Parking requirements for accessory dwelling units shall line 28 not exceed one parking space per accessory dwelling unit or per line 29 bedroom, whiche ver is less. These spaces may be pro vided as line 30 tandem parking on a driveway.
line 31 (II) Offstreet parking shall be permitted in setback areas in line 32 locations determined by the local agenc y or through tandem line 33 parking, unless specific findings are made that parking in setback line 34 areas or tandem parking is not feasible based upon specific site or line 35 regional topographical or fire and life safety conditions. line 36 (III) This clause shall not apply to an accessory dwelling unit line 37 that is described in subdivision (d).
line 38 (xi) When a g arage, carport, or co vered parking structure is line 39 demolished in conjunction with the construction of an accessory line 40 dwelling unit or converted to an accessory dwelling unit, the local 97 — 36 — AB 916
line 1 agency shall not require that those of fstreet parking spaces be line 2 replaced.
line 3 (xii) Accessory dwelling units shall not be required to provide line 4 fire sprinklers if they are not required for the primary residence. line 5 (2) The ordinance shall not be considered in the application of line 6 any local ordinance, policy, or program to limit residential growth. line 7 (3) A permit application for an accessory dwelling unit or a line 8 junior accessory dwelling unit shall be considered and appro ved line 9 ministerially without discretionary re view or a hearing, line 10 notwithstanding Section 65901 or 65906 or an y local ordinance line 11 regulating the issuance of v ariances or special use permits. The line 12 permitting agency shall act on the application to create an accessory line 13 dwelling unit or a junior accessory dwelling unit within 60 days line 14 from the date the local agency receives a completed application if line 15 there is an existing single-family or multifamily dwelling on the line 16 lot. If the permit application to create an accessory dwelling unit line 17 or a junior accessory dwelling unit is submitted with a permit line 18 application to create a new single-family dwelling on the lot, the line 19 permitting agency may delay acting on the permit application for line 20 the accessory dwelling unit or the junior accessory dwelling unit line 21 until the permitting agency acts on the permit application to create line 22 the new single-family dwelling, but the application to create the line 23 accessory dwelling unit or junior accessory dwelling unit shall be line 24 considered without discretionary review or hearing. If the applicant line 25 requests a delay , the 60-day time period shall be tolled for the line 26 period of the delay . If the local agenc y has not acted upon the line 27 completed application within 60 days, the application shall be line 28 deemed approved. A local agency may charge a fee to reimburse line 29 it for costs incurred to implement this paragraph, including the line 30 costs of adopting or amending any ordinance that provides for the line 31 creation of an accessory dwelling unit.
line 32 (4) An existing ordinance governing the creation of an accessory line 33 dwelling unit by a local agency or an accessory dwelling ordinance line 34 adopted by a local agency shall provide an approval process that line 35 includes only ministerial provisions for the approval of accessory line 36 dwelling units and shall not include an y discretionary processes, line 37 provisions, or requirements for those units, e xcept as otherwise line 38 provided in this subdi vision. If a local agenc y has an e xisting line 39 accessory dwelling unit ordinance that f ails to meet the line 40 requirements of this subdivision, that ordinance shall be null and 97 AB 916 — 37 —
line 1 void and that agency shall thereafter apply the standards established line 2 in this subdi vision for the appro val of accessory dwelling units, line 3 unless and until the agency adopts an ordinance that complies with line 4 this section.
line 5 (5) No other local ordinance, policy, or regulation shall be the line 6 basis for the delay or denial of a b uilding permit or a use permit line 7 under this subdivision.
line 8 (6) (A) This subdivision establishes the maximum standards line 9 that local agencies shall use to e valuate a proposed accessory line 10 dwelling unit on a lot that includes a proposed or e xisting line 11 single-family dwelling. No additional standards, other than those line 12 provided in this subdivision, shall be used or imposed except that, line 13 subject to subparagraph (B), a local agenc y may require an line 14 applicant for a permit issued pursuant to this subdivision to be an line 15 owner-occupant or that the property be used for rentals of terms line 16 longer than 30 days.
line 17 (B) Notwithstanding subparagraph (A), a local agency shall not line 18 impose an owner-occupant requirement on an accessory dwelling line 19 unit permitted between January 1, 2020, to January 1, 2025, during line 20 which time the local agenc y w as prohibited from imposing an line 21 owner-occupant requirement.
line 22 (7) A local agency may amend its zoning ordinance or general line 23 plan to incorporate the policies, procedures, or other pro visions line 24 applicable to the creation of an accessory dwelling unit if these line 25 provisions are consistent with the limitations of this subdivision. line 26 (8) An accessory dwelling unit that conforms to this subdivision line 27 shall be deemed to be an accessory use or an accessory b uilding line 28 and shall not be considered to exceed the allowable density for the line 29 lot upon which it is located, and shall be deemed to be a residential line 30 use that is consistent with the e xisting general plan and zoning line 31 designations for the lot. The accessory dwelling unit shall not be line 32 considered in the application of an y local ordinance, polic y, or line 33 program to limit residential growth.
line 34 (b) When a local agenc y that has not adopted an ordinance line 35 governing accessory dwelling units in accordance with subdivision line 36 (a) recei ves an application for a permit to create an accessory line 37 dwelling unit pursuant to this subdi vision, the local agency shall line 38 approve or disappro ve the application ministerially without line 39 discretionary review pursuant to subdi vision (a). The permitting line 40 agency shall act on the application to create an accessory dwelling 97 — 38 — AB 916
line 1 unit or a junior accessory dwelling unit within 60 days from the line 2 date the local agency receives a completed application if there is line 3 an existing single-family or multifamily dwelling on the lot. If the line 4 permit application to create an accessory dwelling unit or a junior line 5 accessory dwelling unit is submitted with a permit application to line 6 create a ne w single-f amily dwelling on the lot, the permitting line 7 agency may delay acting on the permit application for the accessory line 8 dwelling unit or the junior accessory dwelling unit until the line 9 permitting agency acts on the permit application to create the new line 10 single-family dwelling, but the application to create the accessory line 11 dwelling unit or junior accessory dwelling unit shall still be line 12 considered ministerially without discretionary review or a hearing. line 13 If the applicant requests a delay , the 60-day time period shall be line 14 tolled for the period of the delay. If the local agency has not acted line 15 upon the completed application within 60 days, the application line 16 shall be deemed approved.
line 17 (c) (1) Subject to paragraph (2), a local agenc y may establish line 18 minimum and maximum unit size requirements for both attached line 19 and detached accessory dwelling units.
line 20 (2) Notwithstanding paragraph (1), a local agenc y shall not line 21 establish by ordinance any of the following:
line 22 (A) A minimum square footage requirement for either an line 23 attached or detached accessory dwelling unit that prohibits an line 24 efficiency unit.
line 25 (B) A maximum square footage requirement for either an line 26 attached or detached accessory dwelling unit that is less than either line 27 of the following:
line 28 (i) 850 square feet.
line 29 (ii) 1,000 square feet for an accessory dwelling unit that provides line 30 more than one bedroom.
line 31 (C) Any other minimum or maximum size for an accessory line 32 dwelling unit, size based upon a percentage of the proposed or line 33 existing primary dwelling, or limits on lot co verage, floor area line 34 ratio, open space, and minimum lot size, for either attached or line 35 detached dwellings that does not permit at least an 800 square foot line 36 accessory dwelling unit that is at least 16 feet feet, or 18 feet for line 37 an accessory dwelling unit on a lot that has an existing multifamily line 38 and multistory dwelling, in height with four-foot side and rear yard line 39 setbacks to be constructed in compliance with all other local line 40 development standards.
97 AB 916 — 39 —
line 1 (d) Notwithstanding any other law, a local agency, whether or line 2 not it has adopted an ordinance governing accessory dwelling units line 3 in accordance with subdi vision (a), shall not impose parking line 4 standards for an accessory dwelling unit in an y of the follo wing line 5 instances:
line 6 (1) The accessory dwelling unit is located within one-half mile line 7 walking distance of public transit.
line 8 (2) The accessory dwelling unit is located within an line 9 architecturally and historically significant historic district. line 10 (3) The accessory dwelling unit is part of the proposed or line 11 existing primary residence or an accessory structure. line 12 (4) When on-street parking permits are required but not offered line 13 to the occupant of the accessory dwelling unit. line 14 (5) When there is a car share vehicle located within one block line 15 of the accessory dwelling unit.
line 16 (e) (1) Notwithstanding subdi visions (a) to (d), inclusi ve, a line 17 local agenc y shall ministerially appro ve an application for a line 18 building permit within a residential or mix ed-use zone to create line 19 any of the following:
line 20 (A) One accessory dwelling unit and one junior accessory line 21 dwelling unit per lot with a proposed or e xisting single-family line 22 dwelling if all of the following apply:
line 23 (i) The accessory dwelling unit or junior accessory dwelling line 24 unit is within the proposed space of a single-f amily dwelling or line 25 existing space of a single-f amily dwelling or accessory structure line 26 and may include an e xpansion of not more than 150 square feet line 27 beyond the same ph ysical dimensions as the e xisting accessory line 28 structure. An expansion beyond the ph ysical dimensions of the line 29 existing accessory structure shall be limited to accommodating line 30 ingress and egress.
line 31 (ii) The space has exterior access from the proposed or existing line 32 single-family dwelling.
line 33 (iii) The side and rear setbacks are sufficient for fire and safety. line 34 (iv) The junior accessory dwelling unit complies with the line 35 requirements of Section 65852.22.
line 36 (B) One detached, ne w construction, accessory dwelling unit line 37 that does not exceed four-foot side and rear yard setbacks for a lot line 38 with a proposed or existing single-family dwelling. The accessory line 39 dwelling unit may be combined with a junior accessory dwelling 97 — 40 — AB 916
line 1 unit described in subparagraph (A). A local agency may impose line 2 the following conditions on the accessory dwelling unit:
line 3 (i) A total floor area limitation of not more than 800 square feet. line 4 (ii) A height limitation of 16 feet.
line 5 (C) (i) Multiple accessory dwelling units within the portions line 6 of existing multifamily dwelling structures that are not used as line 7 livable space, including, but not limited to, storage rooms, boiler line 8 rooms, passageways, attics, basements, or g arages, if each unit line 9 complies with state building standards for dwellings. line 10 (ii) A local agency shall allow at least one accessory dwelling line 11 unit within an existing multifamily dwelling and shall allow up to line 12 25 percent of the existing multifamily dwelling units. line 13 (D) Not more than two accessory dwelling units that are located line 14 on a lot that has an existing multifamily dwelling, but are detached line 15 from that multifamily dwelling and are subject to a height limit of line 16 16 18 feet and four-foot rear yard and side setbacks. line 17 (2) A local agency shall not require, as a condition for ministerial line 18 approval of a permit application for the creation of an accessory line 19 dwelling unit or a junior accessory dwelling unit, the correction line 20 of nonconforming zoning conditions.
line 21 (3) The installation of fire sprinklers shall not be required in an line 22 accessory dwelling unit if sprinklers are not required for the line 23 primary residence.
line 24 (4) A local agency may require owner occupancy for either the line 25 primary dwelling or the accessory dwelling unit on a single-family line 26 lot, subject to the requirements of paragraph (6) of subdivision (a). line 27 (5) A local agency shall require that a rental of the accessory line 28 dwelling unit created pursuant to this subdi vision be for a term line 29 longer than 30 days.
line 30 (6) A local agency may require, as part of the application for a line 31 permit to create an accessory dwelling unit connected to an onsite line 32 wastewater treatment system, a percolation test completed within line 33 the last five years, or, if the percolation test has been recertified, line 34 within the last 10 years.
line 35 (7) Notwithstanding subdivision (c) and paragraph (1) a local line 36 agency that has adopted an ordinance by July 1, 2018, pro viding line 37 for the appro val of accessory dwelling units in multif amily line 38 dwelling structures shall ministerially consider a permit application line 39 to construct an accessory dwelling unit that is described in line 40 paragraph (1), and may impose standards including, but not limited 97 AB 916 — 41 —
line 1 to, design, development, and historic standards on said accessory line 2 dwelling units. These standards shall not include requirements on line 3 minimum lot size.
line 4 (f) (1) Fees charged for the construction of accessory dwelling line 5 units shall be determined in accordance with Chapter 5 line 6 (commencing with Section 66000) and Chapter 7 (commencing line 7 with Section 66012).
line 8 (2) An accessory dwelling unit shall not be considered by a line 9 local agency, special district, or w ater corporation to be a ne w line 10 residential use for purposes of calculating connection fees or line 11 capacity charges for utilities, including w ater and sewer service, line 12 unless the accessory dwelling unit w as constructed with a ne w line 13 single-family dwelling.
line 14 (3) (A) A local agenc y, special district, or w ater corporation line 15 shall not impose an y impact fee upon the de velopment of an line 16 accessory dwelling unit less than 750 square feet. Any impact fees line 17 charged for an accessory dwelling unit of 750 square feet or more line 18 shall be charged proportionately in relation to the square footage line 19 of the primary dwelling unit.
line 20 (B) For purposes of this paragraph, “impact fee” has the same line 21 meaning as the term “fee” is defined in subdivision (b) of Section line 22 66000, except that it also includes fees specified in Section 66477. line 23 “Impact fee” does not include an y connection fee or capacity line 24 charge char ged by a local agenc y, special district, or w ater line 25 corporation.
line 26 (4) For an accessory dwelling unit described in subparagraph line 27 (A) of paragraph (1) of subdi vision (e), a local agenc y, special line 28 district, or w ater corporation shall not require the applicant to line 29 install a ne w or separate utility connection directly between the line 30 accessory dwelling unit and the utility or impose a related line 31 connection fee or capacity charge, unless the accessory dwelling line 32 unit was constructed with a new single-family dwelling. line 33 (5) For an accessory dwelling unit that is not described in line 34 subparagraph (A) of paragraph (1) of subdi vision (e), a local line 35 agency, special district, or w ater corporation may require a ne w line 36 or separate utility connection directly between the accessory line 37 dwelling unit and the utility . Consistent with Section 66013, the line 38 connection may be subject to a connection fee or capacity charge line 39 that shall be proportionate to the burden of the proposed accessory line 40 dwelling unit, based upon either its square feet or the number of 97 — 42 — AB 916
line 1 its drainage fixture unit (DFU) values, as defined in the Uniform line 2 Plumbing Code adopted and published by the International line 3 Association of Plumbing and Mechanical Officials, upon the water line 4 or sewer system. This fee or charge shall not exceed the reasonable line 5 cost of providing this service.
line 6 (g) This section does not limit the authority of local agencies line 7 to adopt less restricti ve requirements for the creation of an line 8 accessory dwelling unit.
line 9 (h) (1) A local agenc y shall submit a cop y of the ordinance line 10 adopted pursuant to subdivision (a) to the Department of Housing line 11 and Community Development within 60 days after adoption. After line 12 adoption of an ordinance, the department may submit written line 13 findings to the local agency as to whether the ordinance complies line 14 with this section.
line 15 (2) (A) If the department finds that the local agency’s ordinance line 16 does not comply with this section, the department shall notify the line 17 local agency and shall provide the local agency with a reasonable line 18 time, no longer than 30 days, to respond to the findings before line 19 taking any other action authorized by this section. line 20 (B) The local agency shall consider the findings made by the line 21 department pursuant to subparagraph (A) and shall do one of the line 22 following:
line 23 (i) Amend the ordinance to comply with this section. line 24 (ii) Adopt the ordinance without changes. The local agenc y line 25 shall include findings in its resolution adopting the ordinance that line 26 explain the reasons the local agenc y believes that the ordinance line 27 complies with this section despite the findings of the department. line 28 (3) (A) If the local agenc y does not amend its ordinance in line 29 response to the department’s findings or does not adopt a resolution line 30 with findings explaining the reason the ordinance complies with line 31 this section and addressing the department’ s findings, the line 32 department shall notify the local agenc y and may notify the line 33 Attorney General that the local agency is in violation of state law. line 34 (B) Before notifying the Attorney General that the local agency line 35 is in violation of state law, the department may consider whether line 36 a local agency adopted an ordinance in compliance with this section line 37 between January 1, 2017, and January 1, 2020.
line 38 (i) The department may re view, adopt, amend, or repeal line 39 guidelines to implement uniform standards or criteria that line 40 supplement or clarify the terms, references, and standards set forth 97 AB 916 — 43 —
line 1 in this section. The guidelines adopted pursuant to this subdivision line 2 are not subject to Chapter 3.5 (commencing with Section 11340) line 3 of Part 1 of Division 3 of Title 2.
line 4 (j) As used in this section, the following terms mean:
line 5 (1) “Accessory dwelling unit” means an attached or a detached line 6 residential dwelling unit that provides complete independent living line 7 facilities for one or more persons and is located on a lot with a line 8 proposed or existing primary residence. It shall include permanent line 9 provisions for living, sleeping, eating, cooking, and sanitation on line 10 the same parcel as the single-family or multifamily dwelling is or line 11 will be situated. An accessory dwelling unit also includes the line 12 following:
line 13 (A) An efficiency unit.
line 14 (B) A manufactured home, as defined in Section 18007 of the line 15 Health and Safety Code.
line 16 (2) “Accessory structure” means a structure that is accessory line 17 and incidental to a dwelling located on the same lot. line 18 (3) “Efficiency unit” has the same meaning as defined in Section line 19 17958.1 of the Health and Safety Code.
line 20 (4) “Living area” means the interior habitable area of a dwelling line 21 unit, including basements and attics, but does not include a garage line 22 or any accessory structure.
line 23 (5) “Local agency” means a city , county, or city and county , line 24 whether general law or chartered.
line 25 (6) “Nonconforming zoning condition” means a ph ysical line 26 improvement on a property that does not conform with to current line 27 zoning standards.
line 28 (7) “Passageway” means a pathw ay that is unobstructed line 29 unobstructed, clear to the sky sky, and extends from a street to one line 30 entrance of the accessory dwelling unit.
line 31 (8) “Proposed dwelling” means a dwelling that is the subject of line 32 a permit application and that meets the requirements for permitting. line 33 (9) “Public transit” means a location, including, but not limited line 34 to, a bus stop or train station, where the public may access buses, line 35 trains, subways, and other forms of transportation that charge set line 36 fares, run on fixed routes, and are available to the public. line 37 (10) “Tandem parking” means that tw o or more automobiles line 38 are parked on a dri veway or in an y other location on a lot, lined line 39 up behind one another.
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line 1 (k) A local agency shall not issue a certificate of occupancy for line 2 an accessory dwelling unit before the local agenc y issues a line 3 certificate of occupancy for the primary dwelling. line 4 (l) Nothing in this section shall be construed to supersede or in line 5 any way alter or lessen the effect or application of the California line 6 Coastal Act of 1976 (Di vision 20 (commencing with Section line 7 30000) of the Public Resources Code), e xcept that the local line 8 government shall not be required to hold public hearings for coastal line 9 development permit applications for accessory dwelling units. line 10 (m) A local agency may count an accessory dwelling unit for line 11 purposes of identifying adequate sites for housing, as specified in line 12 subdivision (a) of Section 65583.1, subject to authorization by the line 13 department and compliance with this division.
line 14 (n) In enforcing b uilding standards pursuant to Article 1 line 15 (commencing with Section 17960) of Chapter 5 of P art 1.5 of line 16 Division 13 of the Health and Safety Code for an accessory line 17 dwelling unit described in paragraph (1) or (2) belo w, a local line 18 agency, upon request of an o wner of an accessory dwelling unit line 19 for a delay in enforcement, shall delay enforcement of a building line 20 standard, subject to compliance with Section 17980.12 of the line 21 Health and Safety Code:
line 22 (1) The accessory dwelling unit w as b uilt before January 1, line 23 2020.
line 24 (2) The accessory dwelling unit w as built on or after January line 25 1, 2020, in a local jurisdiction that, at the time the accessory line 26 dwelling unit w as built, had a noncompliant accessory dwelling line 27 unit ordinance, b ut the ordinance is compliant at the time the line 28 request is made.
line 29 (o) This section shall become operative on January 1, 2025. line 30 SEC. 4. No reimbursement is required by this act pursuant to line 31 Section 6 of Article XIIIB of the California Constitution because line 32 a local agency or school district has the authority to le vy service line 33 charges, fees, or assessments sufficient to pay for the program or line 34 level of service mandated by this act, within the meaning of Section line 35 17556 of the Government Code.
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line 1
line 2 REVISIONS:
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97 — 46 — AB 916