SENATE BILL No. 897
Introduced by Senator Wieckowski
February 1, 2022
An act to amend Section 65852.22 of, to add Section 65852.23 to, and to repeal and amend Section 65852.2 of, the Go vernment Code, and to add Chapter 6.9 (commencing with Section 50678) to Part 2 of Division 31 of the Health and Safety Code, relating to land use. legislative counsel’s digest
SB 897, as introduced, Wieckowski. Accessory dwelling units: junior accessory dwelling units.
(1) Existing law, the Planning and Zoning La w, authorizes a local agency, by ordinance or ministerial approval, to provide for the creation of accessory dwelling units in areas zoned for residential use, as specified. Existing law provides that an accessory dwelling unit may either be an attached or detached residential dwelling unit, and prescribes the minimum and maximum unit size requirements, height limitations, and setback requirements that a local agency may establish, including a 16-foot height limitation and a 4-foot side and rear setback requirement.
This bill would increase the maximum height limitation that may be imposed by a local agency on an accessory dwelling unit to 25 feet.
Existing law requires an ordinance that pro vides for the creation of an accessory dwelling unit to require accessory dwelling units to comply with local building code requirements that apply to detached dwellings, as appropriate. Existing law also prohibits an ordinance from requiring an accessory dwelling unit to pro vide fire sprinklers if the y are not required for the primary residence.
This bill would provide that the construction of an accessory dwelling unit does not constitute an occupancy change under the local building
99 code. The bill w ould also prohibit the construction of an accessory dwelling unit from triggering a requirement that fire sprinklers be installed in the proposed or existing primary dwelling.
Existing law provides that a local agency shall ministerially approve an application for a b uilding permit within a residential or mix ed-use zone to create not more than 2 accessory dwelling units that are located on a lot that has an existing multifamily dwelling, but are detached from that multifamily dwelling and are subject to a height limitation of 16 feet and a 4-foot side and rear setback requirement.
This bill would change the height limitation applicable to an accessory dwelling unit subject to ministerial approval to 25 feet. The bill, if the existing multifamily dwelling exceeds a height of 25 feet or has a rear or side setback of less than 4 feet, would prohibit a local agency from requiring any modification to the existing multifamily dwelling to satisfy these requirements. The bill would prohibit a local agency from rejecting an application for an accessory dwelling unit because the e xisting multifamily dwelling exceeds a height of 25 feet or has a rear or side setback of less than 4 feet.
Existing law, until January 1, 2025, prohibits a local agenc y from imposing an o wner-occupant requirement on a proposed accessory dwelling unit on a lot that includes a proposed or existing single-family dwelling.
This bill would delete the expiration date of this provision. (2) Existing law also pro vides for the creation of junior accessory dwelling units by local ordinance, or, if a local agency has not adopted an ordinance, by ministerial appro val, in accordance with specified standards and conditions. Existing la w requires an ordinance that provides for the creation of a junior accessory dwelling unit to require the unit to be constructed within the w alls of the proposed or existing single-family residence and to require the unit to include a separate entrance from the main entrance to the proposed or e xisting single-family residence.
This bill w ould specify that enclosed uses within the proposed or existing single-family residence, such as attached garages, are considered a part of the proposed or existing single-family residence. The bill would require a junior accessory dwelling unit that does not include separate sanitation facilities to include a separate entrance from the main entrance to the structure, with an interior entry to the main living area. (3) Existing la w requires a local agenc y, in enforcing b uilding standards applicable to accessory dwelling units, to delay enforcement 99 — 2 — SB 897
for up to 5 years upon the owner submitting an application requesting the delay on the basis that correcting the violation is not necessary to protect health and safety.
This bill would prohibit a local agency from denying a permit for a constructed, but unpermitted, accessory dwelling unit because the unit is in violation of building standards or state or local standards applicable to accessory dwelling units, unless the local agenc y makes a finding that correcting the violation is necessary to protect the health and safety of the public or occupants of the structure
(4) Existing law requires the Department of Housing and Community Development to administer various programs intended to promote the development of housing, including the Multifamily Housing Program, pursuant to which the department pro vides financial assistance in the form of deferred payment loans to pay for the eligible costs of development for specified activities.
This bill, upon appropriation by the Le gislature, would require the department to establish and administer a grant program for the purpose of funding the construction and maintenance of accessory dwelling units and junior accessory dwelling units. The bill w ould create the California Accessory Dwelling Unit Fund and, upon appropriation by the Legislature, require the department to distribute moneys in the fund to eligible recipients.
(5) By imposing ne w duties on local go vernments with respect to the approval of accessory dwelling units and junior accessory dwelling units, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimb urse local agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 65852.2 of the Government Code , as line 2 amended by Section 1 of Chapter 343 of the Statutes of 2021, is line 3 amended 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 99 SB 897 — 3 —
line 1 single-family or multif amily dwelling residential use. The line 2 ordinance shall do all of the following:
line 3 (A) Designate areas within the jurisdiction of the local agency line 4 where accessory dwelling units may be permitted. The designation line 5 of areas may be based on the adequacy of water and sewer services line 6 and the impact of accessory dwelling units on traffic flo w and line 7 public safety. A local agency that does not provide water or sewer line 8 services shall consult with the local water or sewer service provider line 9 regarding the adequac y of w ater and se wer services before line 10 designating an area where accessory dwelling units may be line 11 permitted.
line 12 (B) (i) Impose standards on accessory dwelling units that line 13 include, but are not limited to, parking, height, setback, landscape, line 14 architectural review, maximum size of a unit, and standards that line 15 prevent adverse impacts on any real property that is listed in the line 16 California Register of Historical Resources. These standards shall line 17 not include requirements on minimum lot size.
line 18 (ii) Notwithstanding clause (i), a local agenc y may reduce or line 19 eliminate parking requirements for an y accessory dwelling unit line 20 located within its jurisdiction.
line 21 (C) Provide that accessory dwelling units do not e xceed the line 22 allowable density for the lot upon which the accessory dwelling line 23 unit is located, and that accessory dwelling units are a residential line 24 use that is consistent with the e xisting general plan and zoning line 25 designation for the lot.
line 26 (D) Require the accessory dwelling units to comply with all of line 27 the following:
line 28 (i) Except as pro vided in Section 65852.26, the accessory line 29 dwelling unit may be rented separate from the primary residence, line 30 but may not be sold or otherwise con veyed separate from the line 31 primary residence.
line 32 (ii) The lot is zoned to allo w single-f amily or multif amily line 33 dwelling residential use and includes a proposed or e xisting line 34 dwelling.
line 35 (iii) The accessory dwelling unit is either attached to, or located line 36 within, the proposed or e xisting primary dwelling, including line 37 attached garages, storage areas or similar uses, or an accessory line 38 structure or detached from the proposed or e xisting primary line 39 dwelling and located on the same lot as the proposed or e xisting line 40 primary dwelling.
99 — 4 — SB 897
line 1 (iv) If there is an existing primary dwelling, the total floor area line 2 of an attached accessory dwelling unit shall not exceed 50 percent line 3 of the existing primary dwelling.
line 4 (v) The total floor area for a detached accessory dwelling unit line 5 shall not exceed 1,200 square feet.
line 6 (vi) No passageway shall be required in conjunction with the line 7 construction of an accessory dwelling unit.
line 8 (vii) No setback shall be required for an existing living area or line 9 accessory structure or a structure constructed in the same location line 10 and to the same dimensions as an e xisting structure that is line 11 converted to an accessory dwelling unit or to a portion of an line 12 accessory dwelling unit, and a setback of no more than four feet line 13 from the side and rear lot lines shall be required for an accessory line 14 dwelling unit that is not converted from an existing structure or a line 15 new structure constructed in the same location and to the same line 16 dimensions as an existing structure.
line 17 (viii) Local building code requirements that apply to detached line 18 dwellings, as appropriate. appropriate, except that the construction line 19 of an accessory dwelling unit shall not constitute an occupancy line 20 change under the local building code.
line 21 (ix) Approval by the local health officer where a private sewage line 22 disposal system is being used, if required.
line 23 (x) (I) Parking requirements for accessory dwelling units shall line 24 not exceed one parking space per accessory dwelling unit or per line 25 bedroom, whiche ver is less. These spaces may be pro vided as line 26 tandem parking on a driveway.
line 27 (II) Offstreet parking shall be permitted in setback areas in line 28 locations determined by the local agenc y or through tandem line 29 parking, unless specific findings are made that parking in setback line 30 areas or tandem parking is not feasible based upon specific site or line 31 regional topographical or fire and life safety conditions. line 32 (III) This clause shall not apply to an accessory dwelling unit line 33 that is described in subdivision (d).
line 34 (xi) When a g arage, carport, or co vered parking structure is line 35 demolished in conjunction with the construction of an accessory line 36 dwelling unit or converted to an accessory dwelling unit, the local line 37 agency shall not require that those of fstreet parking spaces be line 38 replaced.
line 39 (xii) Accessory dwelling units shall not be required to provide line 40 fire sprinklers if they are not required for the primary residence. 99 SB 897 — 5 —
line 1 The construction of an accessory dwelling unit shall not trigger a line 2 requirement for fire sprinklers to be installed in the pr oposed or line 3 existing primary dwelling.
line 4 (2) The ordinance shall not be considered in the application of line 5 any local ordinance, policy, or program to limit residential growth. line 6 (3) A permit application for an accessory dwelling unit or a line 7 junior accessory dwelling unit shall be considered and appro ved line 8 ministerially without discretionary re view or a hearing, line 9 notwithstanding Section 65901 or 65906 or an y local ordinance line 10 regulating the issuance of v ariances or special use permits. The line 11 permitting agency shall act on the application to create an accessory line 12 dwelling unit or a junior accessory dwelling unit within 60 days line 13 from the date the local agency receives a completed application if line 14 there is an existing single-family or multifamily dwelling on the line 15 lot. If the permit application to create an accessory dwelling unit line 16 or a junior accessory dwelling unit is submitted with a permit line 17 application to create a new single-family dwelling on the lot, the line 18 permitting agency may delay acting on the permit application for line 19 the accessory dwelling unit or the junior accessory dwelling unit line 20 until the permitting agency acts on the permit application to create line 21 the new single-family dwelling, but the application to create the line 22 accessory dwelling unit or junior accessory dwelling unit shall be line 23 considered without discretionary review or hearing. If the applicant line 24 requests a delay , the 60-day time period shall be tolled for the line 25 period of the delay . If the local agenc y has not acted upon the line 26 completed application within 60 days, the application shall be line 27 deemed approved. A local agency may charge a fee to reimburse line 28 it for costs incurred to implement this paragraph, including the line 29 costs of adopting or amending any ordinance that provides for the line 30 creation of an accessory dwelling unit.
line 31 (4) An existing ordinance governing the creation of an accessory line 32 dwelling unit by a local agency or an accessory dwelling ordinance line 33 adopted by a local agency shall provide an approval process that line 34 includes only ministerial provisions for the approval of accessory line 35 dwelling units and shall not include an y discretionary processes, line 36 provisions, or requirements for those units, e xcept as otherwise line 37 provided in this subdi vision. If a local agenc y has an e xisting line 38 accessory dwelling unit ordinance that f ails to meet the line 39 requirements of this subdivision, that ordinance shall be null and line 40 void and that agency shall thereafter apply the standards established 99 — 6 — SB 897
line 1 in this subdi vision for the appro val of accessory dwelling units, line 2 unless and until the agency adopts an ordinance that complies with line 3 this section.
line 4 (5) No other local ordinance, policy, or regulation shall be the line 5 basis for the delay or denial of a b uilding permit or a use permit line 6 under this subdivision.
line 7 (6) This subdivision establishes the maximum standards that line 8 local agencies shall use to evaluate a proposed accessory dwelling line 9 unit on a lot that includes a proposed or e xisting single-family line 10 dwelling. No additional standards, other than those pro vided in line 11 this subdi vision, shall be used or imposed, including an y line 12 owner-occupant requirement, e xcept that a local agenc y may line 13 require that the property be used for rentals of terms longer than line 14 30 days.
line 15 (7) A local agency may amend its zoning ordinance or general line 16 plan to incorporate the policies, procedures, or other pro visions line 17 applicable to the creation of an accessory dwelling unit if these line 18 provisions are consistent with the limitations of this subdivision. line 19 (8) An accessory dwelling unit that conforms to this subdivision line 20 shall be deemed to be an accessory use or an accessory b uilding line 21 and shall not be considered to exceed the allowable density for the line 22 lot upon which it is located, and shall be deemed to be a residential line 23 use that is consistent with the e xisting general plan and zoning line 24 designations for the lot. The accessory dwelling unit shall not be line 25 considered in the application of an y local ordinance, polic y, or line 26 program to limit residential growth.
line 27 (b) When a local agenc y that has not adopted an ordinance line 28 governing accessory dwelling units in accordance with subdivision line 29 (a) recei ves an application for a permit to create an accessory line 30 dwelling unit pursuant to this subdi vision, the local agency shall line 31 approve or disappro ve the application ministerially without line 32 discretionary review pursuant to subdi vision (a). The permitting line 33 agency shall act on the application to create an accessory dwelling line 34 unit or a junior accessory dwelling unit within 60 days from the line 35 date the local agency receives a completed application if there is line 36 an existing single-family or multifamily dwelling on the lot. If the line 37 permit application to create an accessory dwelling unit or a junior line 38 accessory dwelling unit is submitted with a permit application to line 39 create a ne w single-f amily dwelling on the lot, the permitting line 40 agency may delay acting on the permit application for the accessory 99 SB 897 — 7 —
line 1 dwelling unit or the junior accessory dwelling unit until the line 2 permitting agency acts on the permit application to create the new line 3 single-family dwelling, but the application to create the accessory line 4 dwelling unit or junior accessory dwelling unit shall still be line 5 considered ministerially without discretionary review or a hearing. line 6 If the applicant requests a delay , the 60-day time period shall be line 7 tolled for the period of the delay. If the local agency has not acted line 8 upon the completed application within 60 days, the application line 9 shall be deemed approved.
line 10 (c) (1) Subject to paragraph (2), a local agenc y may establish line 11 minimum and maximum unit size requirements for both attached line 12 and detached accessory dwelling units.
line 13 (2) Notwithstanding paragraph (1), a local agenc y shall not line 14 establish by ordinance any of the following:
line 15 (A) A minimum square footage requirement for either an line 16 attached or detached accessory dwelling unit that prohibits an line 17 efficiency unit.
line 18 (B) A maximum square footage requirement for either an line 19 attached or detached accessory dwelling unit that is less than either line 20 of the following:
line 21 (i) 850 square feet.
line 22 (ii) 1,000 square feet for an accessory dwelling unit that provides line 23 more than one bedroom.
line 24 (C) Any other minimum or maximum size for an accessory line 25 dwelling unit, size based upon a percentage of the proposed or line 26 existing primary dwelling, or limits on lot co verage, floor area line 27 ratio, open space, and minimum lot size, for either attached or line 28 detached dwellings that does not permit at least an 800 square foot line 29 accessory dwelling unit that is at least 16 25 feet in height with line 30 four-foot side and rear yard setbacks to be constructed in line 31 compliance with all other local development standards. line 32 (d) Notwithstanding any other law, a local agency, whether or line 33 not it has adopted an ordinance governing accessory dwelling units line 34 in accordance with subdi vision (a), shall not impose parking line 35 standards for an accessory dwelling unit in an y of the follo wing line 36 instances:
line 37 (1) The accessory dwelling unit is located within one-half mile line 38 walking distance of public transit.
line 39 (2) The accessory dwelling unit is located within an line 40 architecturally and historically significant historic district. 99 — 8 — SB 897
line 1 (3) The accessory dwelling unit is part of the proposed or line 2 existing primary residence or an accessory structure. line 3 (4) When on-street parking permits are required but not offered line 4 to the occupant of the accessory dwelling unit.
line 5 (5) When there is a car share vehicle located within one block line 6 of the accessory dwelling unit.
line 7 (e) (1) Notwithstanding subdi visions (a) to (d), inclusi ve, a line 8 local agenc y shall ministerially appro ve an application for a line 9 building permit within a residential or mix ed-use zone to create line 10 any of the following:
line 11 (A) One accessory dwelling unit and one junior accessory line 12 dwelling unit per lot with a proposed or e xisting single-family line 13 dwelling if all of the following apply:
line 14 (i) The accessory dwelling unit or junior accessory dwelling line 15 unit is within the proposed space of a single-f amily dwelling or line 16 existing space of a single-f amily dwelling or accessory structure line 17 and may include an e xpansion of not more than 150 square feet line 18 beyond the same ph ysical dimensions as the e xisting accessory line 19 structure. An expansion beyond the ph ysical dimensions of the line 20 existing accessory structure shall be limited to accommodating line 21 ingress and egress.
line 22 (ii) The space has exterior access from the proposed or existing line 23 single-family dwelling.
line 24 (iii) The side and rear setbacks are sufficient for fire and safety. line 25 (iv) The junior accessory dwelling unit complies with the line 26 requirements of Section 65852.22.
line 27 (B) One detached, ne w construction, accessory dwelling unit line 28 that does not exceed four-foot side and rear yard setbacks for a lot line 29 with a proposed or existing single-family dwelling. The accessory line 30 dwelling unit may be combined with a junior accessory dwelling line 31 unit described in subparagraph (A). A local agency may impose line 32 the following conditions on the accessory dwelling unit:
line 33 (i) A total floor area limitation of not more than 800 square feet. line 34 (ii) A height limitation of 16 25 feet.
line 35 (C) (i) Multiple accessory dwelling units within the portions line 36 of existing multifamily dwelling structures that are not used as line 37 livable space, including, but not limited to, storage rooms, boiler line 38 rooms, passageways, attics, basements, or g arages, if each unit line 39 complies with state building standards for dwellings. 99 SB 897 — 9 —
line 1 (ii) A local agency shall allow at least one accessory dwelling line 2 unit within an existing multifamily dwelling and shall allow up to line 3 25 percent of the existing multifamily dwelling units. line 4 (D) (i) Not more than tw o accessory dwelling units that are line 5 located on a lot that has an existing multifamily dwelling, but are line 6 detached from that multifamily dwelling and are subject to a height line 7 limit of 16 25 feet and four -foot rear yard and side setbacks. line 8 setbacks of no more than 4 feet.
line 9 (ii) If the existing multifamily dwelling exceeds a height of 25 line 10 feet or has a r ear or side setbac k of less than 4 feet, the local line 11 agency shall not r equire any modification of the e xisting line 12 multifamily dwelling to satisfy the r equirements of this line 13 subparagraph.
line 14 (iii) A local agency shall not reject an application to construct line 15 an accessory dwelling unit authorized under this subpar agraph line 16 on the basis that the existing multifamily dwelling exceeds a height line 17 of 25 feet or has a rear or side setback of less than 4 feet. line 18 (2) A local agency shall not require, as a condition for ministerial line 19 approval of a permit application for the creation of an accessory line 20 dwelling unit or a junior accessory dwelling unit, the correction line 21 of nonconforming zoning conditions.
line 22 (3) The installation of fire sprinklers shall not be required in an line 23 accessory dwelling unit if sprinklers are not required for the line 24 primary residence. The construction of an accessory dwelling unit line 25 shall not trigger a requirement for fire sprinklers to be installed line 26 in the proposed or existing multifamily dwelling. line 27 (4) 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 (5) 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 (6) 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 99 — 10 — SB 897
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 home. 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 99 SB 897 — 11 —
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 99 — 12 — SB 897
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 current line 27 zoning standards.
line 28 (7) “Passageway” means a pathw ay that is unobstructed clear line 29 to the sky and extends from a street to one entrance of the accessory line 30 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 remain in effect only until January 1, 2025, line 30 and as of that date is repealed.
line 31 SEC. 2. Section 65852.2 of the Government Code, as amended line 32 by Section 2 of Chapter 343 of the Statutes of 2021, is repealed. line 33 65852.2. (a) (1) A local agency may, by ordinance, pro vide line 34 for the creation of accessory dwelling units in areas zoned to allow line 35 single-family or multif amily dwelling residential use. The line 36 ordinance shall do all of the following:
line 37 (A) Designate areas within the jurisdiction of the local agency line 38 where accessory dwelling units may be permitted. The designation line 39 of areas may be based on the adequacy of water and sewer services line 40 and the impact of accessory dwelling units on traffic flo w and 99 — 14 — SB 897
line 1 public safety. A local agency that does not provide water or sewer line 2 services shall consult with the local water or sewer service provider line 3 regarding the adequac y of w ater and se wer services before line 4 designating an area where accessory dwelling units may be line 5 permitted.
line 6 (B) (i) Impose standards on accessory dwelling units that line 7 include, but are not limited to, parking, height, setback, landscape, line 8 architectural review, maximum size of a unit, and standards that line 9 prevent adverse impacts on any real property that is listed in the line 10 California Register of Historical Resources. These standards shall line 11 not include requirements on minimum lot size.
line 12 (ii) Notwithstanding clause (i), a local agenc y may reduce or line 13 eliminate parking requirements for an y accessory dwelling unit line 14 located within its jurisdiction.
line 15 (C) Provide that accessory dwelling units do not e xceed the line 16 allowable density for the lot upon which the accessory dwelling line 17 unit is located, and that accessory dwelling units are a residential line 18 use that is consistent with the e xisting general plan and zoning line 19 designation for the lot.
line 20 (D) Require the accessory dwelling units to comply with all of line 21 the following:
line 22 (i) Except as pro vided in Section 65852.26, the accessory line 23 dwelling unit may be rented separate from the primary residence, line 24 but may not be sold or otherwise con veyed separate from the line 25 primary residence.
line 26 (ii) The lot is zoned to allo w single-f amily or multif amily line 27 dwelling residential use and includes a proposed or e xisting line 28 dwelling.
line 29 (iii) The accessory dwelling unit is either attached to, or located line 30 within, the proposed or e xisting primary dwelling, including line 31 attached garages, storage areas or similar uses, or an accessory line 32 structure or detached from the proposed or e xisting primary line 33 dwelling and located on the same lot as the proposed or e xisting line 34 primary dwelling.
line 35 (iv) If there is an existing primary dwelling, the total floor area line 36 of an attached accessory dwelling unit shall not exceed 50 percent line 37 of the existing primary dwelling.
line 38 (v) The total floor area for a detached accessory dwelling unit line 39 shall not exceed 1,200 square feet.
99 SB 897 — 15 —
line 1 (vi) No passageway shall be required in conjunction with the line 2 construction of an accessory dwelling unit.
line 3 (vii) No setback shall be required for an existing living area or line 4 accessory structure or a structure constructed in the same location line 5 and to the same dimensions as an e xisting structure that is line 6 converted to an accessory dwelling unit or to a portion of an line 7 accessory dwelling unit, and a setback of no more than four feet line 8 from the side and rear lot lines shall be required for an accessory line 9 dwelling unit that is not converted from an existing structure or a line 10 new structure constructed in the same location and to the same line 11 dimensions as an existing structure.
line 12 (viii) Local building code requirements that apply to detached line 13 dwellings, as appropriate.
line 14 (ix) Approval by the local health officer where a private sewage line 15 disposal system is being used, if required.
line 16 (x) (I) Parking requirements for accessory dwelling units shall line 17 not exceed one parking space per accessory dwelling unit or per line 18 bedroom, whiche ver is less. These spaces may be pro vided as line 19 tandem parking on a driveway.
line 20 (II) Offstreet parking shall be permitted in setback areas in line 21 locations determined by the local agenc y or through tandem line 22 parking, unless specific findings are made that parking in setback line 23 areas or tandem parking is not feasible based upon specific site or line 24 regional topographical or fire and life safety conditions. line 25 (III) This clause shall not apply to an accessory dwelling unit line 26 that is described in subdivision (d).
line 27 (xi) When a g arage, carport, or co vered parking structure is line 28 demolished in conjunction with the construction of an accessory line 29 dwelling unit or converted to an accessory dwelling unit, the local line 30 agency shall not require that those of fstreet parking spaces be line 31 replaced.
line 32 (xii) Accessory dwelling units shall not be required to provide line 33 fire sprinklers if they are not required for the primary residence. line 34 (2) The ordinance shall not be considered in the application of line 35 any local ordinance, policy, or program to limit residential growth. line 36 (3) A permit application for an accessory dwelling unit or a line 37 junior accessory dwelling unit shall be considered and appro ved line 38 ministerially without discretionary re view or a hearing, line 39 notwithstanding Section 65901 or 65906 or an y local ordinance line 40 regulating the issuance of v ariances or special use permits. The 99 — 16 — SB 897
line 1 permitting agency shall act on the application to create an accessory line 2 dwelling unit or a junior accessory dwelling unit within 60 days line 3 from the date the local agency receives a completed application if line 4 there is an existing single-family or multifamily dwelling on the line 5 lot. If the permit application to create an accessory dwelling unit line 6 or a junior accessory dwelling unit is submitted with a permit line 7 application to create a new single-family dwelling on the lot, the line 8 permitting agency may delay acting on the permit application for line 9 the accessory dwelling unit or the junior accessory dwelling unit line 10 until the permitting agency acts on the permit application to create line 11 the new single-family dwelling, but the application to create the line 12 accessory dwelling unit or junior accessory dwelling unit shall be line 13 considered without discretionary review or hearing. If the applicant line 14 requests a delay , the 60-day time period shall be tolled for the line 15 period of the delay . If the local agenc y has not acted upon the line 16 completed application within 60 days, the application shall be line 17 deemed approved. A local agency may charge a fee to reimburse line 18 it for costs incurred to implement this paragraph, including the line 19 costs of adopting or amending any ordinance that provides for the line 20 creation of an accessory dwelling unit.
line 21 (4) An existing ordinance governing the creation of an accessory line 22 dwelling unit by a local agency or an accessory dwelling ordinance line 23 adopted by a local agency shall provide an approval process that line 24 includes only ministerial provisions for the approval of accessory line 25 dwelling units and shall not include an y discretionary processes, line 26 provisions, or requirements for those units, e xcept as otherwise line 27 provided in this subdi vision. If a local agenc y has an e xisting line 28 accessory dwelling unit ordinance that f ails to meet the line 29 requirements of this subdivision, that ordinance shall be null and line 30 void and that agency shall thereafter apply the standards established line 31 in this subdi vision for the appro val of accessory dwelling units, line 32 unless and until the agency adopts an ordinance that complies with line 33 this section.
line 34 (5) No other local ordinance, policy, or regulation shall be the line 35 basis for the delay or denial of a b uilding permit or a use permit line 36 under this subdivision.
line 37 (6) (A) This subdivision establishes the maximum standards line 38 that local agencies shall use to e valuate a proposed accessory line 39 dwelling unit on a lot that includes a proposed or e xisting line 40 single-family dwelling. No additional standards, other than those 99 SB 897 — 17 —
line 1 provided in this subdivision, shall be used or imposed except that, line 2 subject to subparagraph (B), a local agenc y may require an line 3 applicant for a permit issued pursuant to this subdivision to be an line 4 owner-occupant or that the property be used for rentals of terms line 5 longer than 30 days.
line 6 (B) Notwithstanding subparagraph (A), a local agency shall not line 7 impose an owner-occupant requirement on an accessory dwelling line 8 unit permitted between January 1, 2020, to January 1, 2025, during line 9 which time the local agenc y w as prohibited from imposing an line 10 owner-occupant requirement.
line 11 (7) A local agency may amend its zoning ordinance or general line 12 plan to incorporate the policies, procedures, or other pro visions line 13 applicable to the creation of an accessory dwelling unit if these line 14 provisions are consistent with the limitations of this subdivision. line 15 (8) An accessory dwelling unit that conforms to this subdivision line 16 shall be deemed to be an accessory use or an accessory b uilding line 17 and shall not be considered to exceed the allowable density for the line 18 lot upon which it is located, and shall be deemed to be a residential line 19 use that is consistent with the e xisting general plan and zoning line 20 designations for the lot. The accessory dwelling unit shall not be line 21 considered in the application of an y local ordinance, polic y, or line 22 program to limit residential growth.
line 23 (b) When a local agenc y that has not adopted an ordinance line 24 governing accessory dwelling units in accordance with subdivision line 25 (a) recei ves an application for a permit to create an accessory line 26 dwelling unit pursuant to this subdi vision, the local agency shall line 27 approve or disappro ve the application ministerially without line 28 discretionary review pursuant to subdi vision (a). The permitting line 29 agency shall act on the application to create an accessory dwelling line 30 unit or a junior accessory dwelling unit within 60 days from the line 31 date the local agency receives a completed application if there is line 32 an existing single-family or multifamily dwelling on the lot. If the line 33 permit application to create an accessory dwelling unit or a junior line 34 accessory dwelling unit is submitted with a permit application to line 35 create a ne w single-f amily dwelling on the lot, the permitting line 36 agency may delay acting on the permit application for the accessory line 37 dwelling unit or the junior accessory dwelling unit until the line 38 permitting agency acts on the permit application to create the new line 39 single-family dwelling, but the application to create the accessory line 40 dwelling unit or junior accessory dwelling unit shall still be 99 — 18 — SB 897
line 1 considered ministerially without discretionary review or a hearing. line 2 If the applicant requests a delay , the 60-day time period shall be line 3 tolled for the period of the delay. If the local agency has not acted line 4 upon the completed application within 60 days, the application line 5 shall be deemed approved.
line 6 (c) (1) Subject to paragraph (2), a local agenc y may establish line 7 minimum and maximum unit size requirements for both attached line 8 and detached accessory dwelling units.
line 9 (2) Notwithstanding paragraph (1), a local agenc y shall not line 10 establish by ordinance any of the following:
line 11 (A) A minimum square footage requirement for either an line 12 attached or detached accessory dwelling unit that prohibits an line 13 efficiency unit.
line 14 (B) A maximum square footage requirement for either an line 15 attached or detached accessory dwelling unit that is less than either line 16 of the following:
line 17 (i) 850 square feet.
line 18 (ii) 1,000 square feet for an accessory dwelling unit that provides line 19 more than one bedroom.
line 20 (C) Any other minimum or maximum size for an accessory line 21 dwelling unit, size based upon a percentage of the proposed or line 22 existing primary dwelling, or limits on lot co verage, floor area line 23 ratio, open space, and minimum lot size, for either attached or line 24 detached dwellings that does not permit at least an 800 square foot line 25 accessory dwelling unit that is at least 16 feet in height with line 26 four-foot side and rear yard setbacks to be constructed in line 27 compliance with all other local development standards. line 28 (d) Notwithstanding any other law, a local agency, whether or line 29 not it has adopted an ordinance governing accessory dwelling units line 30 in accordance with subdi vision (a), shall not impose parking line 31 standards for an accessory dwelling unit in an y of the follo wing line 32 instances:
line 33 (1) The accessory dwelling unit is located within one-half mile line 34 walking distance of public transit.
line 35 (2) The accessory dwelling unit is located within an line 36 architecturally and historically significant historic district. line 37 (3) The accessory dwelling unit is part of the proposed or line 38 existing primary residence or an accessory structure. line 39 (4) When on-street parking permits are required but not offered line 40 to the occupant of the accessory dwelling unit. 99 SB 897 — 19 —
line 1 (5) When there is a car share vehicle located within one block line 2 of the accessory dwelling unit.
line 3 (e) (1) Notwithstanding subdi visions (a) to (d), inclusi ve, a line 4 local agenc y shall ministerially appro ve an application for a line 5 building permit within a residential or mix ed-use zone to create line 6 any of the following:
line 7 (A) One accessory dwelling unit and one junior accessory line 8 dwelling unit per lot with a proposed or e xisting single-family line 9 dwelling if all of the following apply:
line 10 (i) The accessory dwelling unit or junior accessory dwelling line 11 unit is within the proposed space of a single-f amily dwelling or line 12 existing space of a single-f amily dwelling or accessory structure line 13 and may include an e xpansion of not more than 150 square feet line 14 beyond the same ph ysical dimensions as the e xisting accessory line 15 structure. An expansion beyond the ph ysical dimensions of the line 16 existing accessory structure shall be limited to accommodating line 17 ingress and egress.
line 18 (ii) The space has exterior access from the proposed or existing line 19 single-family dwelling.
line 20 (iii) The side and rear setbacks are sufficient for fire and safety. line 21 (iv) The junior accessory dwelling unit complies with the line 22 requirements of Section 65852.22.
line 23 (B) One detached, ne w construction, accessory dwelling unit line 24 that does not exceed four-foot side and rear yard setbacks for a lot line 25 with a proposed or existing single-family dwelling. The accessory line 26 dwelling unit may be combined with a junior accessory dwelling line 27 unit described in subparagraph (A). A local agency may impose line 28 the following conditions on the accessory dwelling unit:
line 29 (i) A total floor area limitation of not more than 800 square feet. line 30 (ii) A height limitation of 16 feet.
line 31 (C) (i) Multiple accessory dwelling units within the portions line 32 of existing multifamily dwelling structures that are not used as line 33 livable space, including, but not limited to, storage rooms, boiler line 34 rooms, passageways, attics, basements, or g arages, if each unit line 35 complies with state building standards for dwellings. line 36 (ii) A local agency shall allow at least one accessory dwelling line 37 unit within an existing multifamily dwelling and shall allow up to line 38 25 percent of the existing multifamily dwelling units. line 39 (D) Not more than two accessory dwelling units that are located line 40 on a lot that has an existing multifamily dwelling, but are detached 99 — 20 — SB 897
line 1 from that multifamily dwelling and are subject to a height limit of line 2 16 feet and four-foot rear yard and side setbacks. 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.
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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 99 — 22 — SB 897
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:
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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 with current line 15 zoning standards.
line 16 (7) “Passageway” means a pathw ay that is unobstructed clear line 17 to the sky and extends from a street to one entrance of the accessory line 18 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.
99 — 24 — SB 897
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. 3. Section 65852.22 of the Government Code is amended line 18 to read:
line 19 65852.22. (a) Notwithstanding Section 65852.2, a local agency line 20 may, by ordinance, pro vide for the creation of junior accessory line 21 dwelling units in single-f amily residential zones. The ordinance line 22 may require a permit to be obtained for the creation of a junior line 23 accessory dwelling unit, and shall do all of the following:
line 24 (1) Limit the number of junior accessory dwelling units to one line 25 per residential lot zoned for single-f amily residences with a line 26 single-family residence built, or proposed to be built, on the lot. line 27 (2) Require owner-occupancy in the single-family residence in line 28 which the junior accessory dwelling unit will be permitted. The line 29 owner may reside in either the remaining portion of the structure line 30 or the ne wly created junior accessory dwelling unit. line 31 Owner-occupancy shall not be required if the o wner is another line 32 governmental agency, land trust, or housing organization. line 33 (3) Require the recordation of a deed restriction, which shall line 34 run with the land, shall be filed with the permitting agenc y, and line 35 shall include both of the following:
line 36 (A) A prohibition on the sale of the junior accessory dwelling line 37 unit separate from the sale of the single-family residence, including line 38 a statement that the deed restriction may be enforced against future line 39 purchasers.
99 SB 897 — 25 —
line 1 (B) A restriction on the size and attributes of the junior accessory line 2 dwelling unit that conforms with this section.
line 3 (4) Require a permitted junior accessory dwelling unit to be line 4 constructed within the w alls of the proposed or e xisting line 5 single-family residence. For purposes of this paragraph, enclosed line 6 uses within the residence, such as attached garages, are considered line 7 a part of the proposed or existing single-family residence. line 8 (5) (A) Require a permitted junior accessory dwelling unit to line 9 include a separate entrance from the main entrance to the proposed line 10 or existing single-family residence.
line 11 (B) If a permitted junior accessory dwelling unit does not include line 12 separate sanitation facilities, the permitted junior accessory line 13 dwelling unit shall include a separ ate entr ance from the main line 14 entrance to the structure, with an interior entry to the main living line 15 area.
line 16 (6) Require the permitted junior accessory dwelling unit to line 17 include an efficienc y kitchen, which shall include all of the line 18 following:
line 19 (A) A cooking facility with appliances.
line 20 (B) A food preparation counter and storage cabinets that are of line 21 reasonable size in relation to the size of the junior accessory line 22 dwelling unit.
line 23 (b) (1) An ordinance shall not require additional parking as a line 24 condition to grant a permit.
line 25 (2) This subdi vision shall not be interpreted to prohibit the line 26 requirement of an inspection, including the imposition of a fee for line 27 that inspection, to determine if the junior accessory dwelling unit line 28 complies with applicable building standards.
line 29 (c) An application for a permit pursuant to this section shall, line 30 notwithstanding Section 65901 or 65906 or an y local ordinance line 31 regulating the issuance of v ariances or special use permits, be line 32 considered ministerially, without discretionary review or a hearing. line 33 The permitting agency shall act on the application to create a junior line 34 accessory dwelling unit within 60 days from the date the local line 35 agency receives a completed application if there is an e xisting line 36 single-family dwelling on the lot. If the permit application to create line 37 a junior accessory dwelling unit is submitted with a permit line 38 application to create a new single-family dwelling on the lot, the line 39 permitting agency may delay acting on the permit application for line 40 the junior accessory dwelling unit until the permitting agency acts 99 — 26 — SB 897
line 1 on the permit application to create the new single-family dwelling, line 2 but the application to create the junior accessory dwelling unit line 3 shall still be considered ministerially without discretionary review line 4 or a hearing. If the applicant requests a delay , the 60-day time line 5 period shall be tolled for the period of the delay . A local agency line 6 may charge a fee to reimburse the local agency for costs incurred line 7 in connection with the issuance of a permit pursuant to this section. line 8 (d) For purposes of an y fire or life protection ordinance or line 9 regulation, a junior accessory dwelling unit shall not be considered line 10 a separate or new dwelling unit. This section shall not be construed line 11 to prohibit a city , county, city and county , or other local public line 12 entity from adopting an ordinance or regulation relating to fire and line 13 life protection requirements within a single-family residence that line 14 contains a junior accessory dwelling unit so long as the ordinance line 15 or re gulation applies uniformly to all single-f amily residences line 16 within the zone regardless of whether the single-family residence line 17 includes a junior accessory dwelling unit or not. line 18 (e) For purposes of providing service for water, sewer, or power, line 19 including a connection fee, a junior accessory dwelling unit shall line 20 not be considered a separate or new dwelling unit. line 21 (f) This section shall not be construed to prohibit a local agency line 22 from adopting an ordinance or regulation, related to parking or a line 23 service or a connection fee for water, sewer, or power, that applies line 24 to a single-f amily residence that contains a junior accessory line 25 dwelling unit, so long as that ordinance or re gulation applies line 26 uniformly to all single-family residences regardless of whether the line 27 single-family residence includes a junior accessory dwelling unit. line 28 (g) If a local agency has not adopted a local ordinance pursuant line 29 to this section, the local agency shall ministerially approve a permit line 30 to construct a junior accessory dwelling unit that satisfies the line 31 requirements set forth in subparagraph (A) of paragraph (1) of line 32 subdivision (e) of Section 65852.2 and the requirements of this line 33 section.
line 34 (h) For purposes of this section, the follo wing terms have the line 35 following meanings:
line 36 (1) “Junior accessory dwelling unit” means a unit that is no line 37 more than 500 square feet in size and contained entirely within a line 38 single-family residence. A junior accessory dwelling unit may line 39 include separate sanitation f acilities, or may share sanitation line 40 facilities with the existing structure.
99 SB 897 — 27 —
line 1 (2) “Local agency” means a city , county, or city and county , line 2 whether general law or chartered.
line 3 SEC. 4. Section 65852.23 is added to the Government Code, line 4 to read:
line 5 65852.23. (a) Notwithstanding any other la w, and e xcept as line 6 otherwise provided in subdi vision (b), a local agenc y shall not line 7 deny a permit for a constructed, b ut unpermitted, accessory line 8 dwelling unit due to either of the following:
line 9 (1) The accessory dwelling unit is in violation of b uilding line 10 standards pursuant to Article 1 (commencing with Section 17960) line 11 of Chapter 5 of P art 1.5 of Division 13 of the Health and Safety line 12 Code.
line 13 (2) The accessory dwelling unit does not comply with Section line 14 65852.2 or any local ordinance regulating accessory dwelling units. line 15 (b) Notwithstanding subdivision (a), a local agenc y may deny line 16 a permit for an accessory dwelling unit subject to subdivision (a) line 17 if the local agency makes a finding that correcting the violation is line 18 necessary to protect the health and safety of the public or occupants line 19 of the structure.
line 20 SEC. 5. Chapter 6.9 (commencing with Section 50678) is added line 21 to Part 2 of Division 31 of the Health and Safety Code, to read:
line 22
line 23 Chapter 6.9. Accessory Dwelling Unit Funding
line 24
line 25 50678. (a) Upon appropriation of the Le gislature, the line 26 department shall establish and administer a grant program for the line 27 purpose of funding the construction and maintenance of accessory line 28 dwelling units and junior accessory dwelling units, as defined in line 29 Section 65852.2 and 65852.22 of the Government Code. line 30 (b) The California Accessory Dwelling Unit Fund is hereby line 31 established in the State Treasury. The fund shall receive all moneys line 32 derived pursuant to this chapter . Upon appropriation by the line 33 Legislature, the department shall distribute moneys in the fund to line 34 eligible recipients in accordance with this chapter. line 35 SEC. 6. No reimbursement is required by this act pursuant to line 36 Section 6 of Article XIIIB of the California Constitution because line 37 a local agency or school district has the authority to le vy service line 38 charges, fees, or assessments sufficient to pay for the program or 99 — 28 — SB 897
line 1 level of service mandated by this act, within the meaning of Section line 2 17556 of the Government Code.
O
99 SB 897 — 29 —