SENATE BILL No. 1211
Introduced by Senator Skinner
February 15, 2024
An act to amend Section 65852.2 of the Government Code, relating to land use.
legislative counsel’s digest
SB 1211, as introduced, Skinner. Land use: accessory dwelling units:
Existing law, the Planning and Zoning Law, authorizes a local agency, by ordinance, to pro vide for the creation of accessory dwelling units (ADUs) in areas zoned for residential use, as specified. Existing la w requires ministerial approval of accessory dwelling units, as specified, if the local agenc y does not adopt an ordinance go verning accessory dwelling units, as described. Under existing law, a local agency is also required to ministerially appro ve an application for a b uilding permit within a residential or mix ed-use zone to create an y of specified variations of accessory dwelling units.
Under existing law, one of those v ariations requires a local agenc y to ministerially approve multiple accessory dwelling units within the portion of existing multifamily dwelling structures that are not used as livable space, as described, if each unit complies with state b uilding standards for dwellings. Existing law requires a local agency to allow at least one of those accessory dwelling units within an e xisting multifamily dwelling and allow up to 25% of the existing multifamily dwelling units (inside dwelling ADU requirements).
Under e xisting la w, another v ariation requires a local agenc y to ministerially approve not more than 2 accessory dwelling units that are located on a lot that has an existing or proposed multifamily dwelling, but are detached from that dwelling, and are subject to a height limitation
99 and rear yard and side setbacks, as specified (detached ADU requirements).
For purposes of the detached ADU requirements, this bill w ould prohibit a local agency from requiring the replacement of parking spaces when a carport, covered parking structure, or uncovered parking space is demolished in conjunction with the construction of or conversion to an accessory dwelling unit. The bill would also, for purposes of those detached ADU requirements, require a local agency to instead allow 2 detached, new construction accessory dwelling units and allo w up to 25% of the existing multifamily dwelling units. The bill would specify that the number of accessory dwelling units allo wed under the inside dwelling ADU requirements counts towards the maximum number of accessory dwelling units allowed under the detached ADU requirements.
The bill would make conforming changes.
By imposing ne w duties on local go vernments with respect to the approval of accessory dwelling units, the bill w ould 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 is line 2 amended to read:
line 3 65852.2. (a) (1) A local agency may, by ordinance, pro vide line 4 for the creation of accessory dwelling units in areas zoned to allow line 5 single-family or multif amily dwelling residential use. The line 6 ordinance shall do all of the following:
line 7 (A) Designate areas within the jurisdiction of the local agency line 8 where accessory dwelling units may be permitted. The designation line 9 of areas may be based on the adequacy of water and sewer services line 10 and the impact of accessory dwelling units on traffic flo w and line 11 public safety. A local agency that does not provide water or sewer line 12 services shall consult with the local water or sewer service provider line 13 regarding the adequac y of w ater and se wer services before 99 — 2 — SB 1211
line 1 designating an area where accessory dwelling units may be line 2 permitted.
line 3 (B) (i) Impose objective standards on accessory dwelling units line 4 that include, b ut are not limited to, parking, height, setback, line 5 landscape, architectural re view, maximum size of a unit, and line 6 standards that prevent adverse impacts on an y real property that line 7 is listed in the California Register of Historical Resources. These line 8 standards shall 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) Except as provided in Section 65852.26 and paragraph (10) line 20 of this subdi vision, an accessory dwelling unit may be rented line 21 separate from the primary residence, b ut shall not be sold or line 22 otherwise conveyed separate from the primary residence. line 23 (ii) The lot is zoned to allo w single-f amily or multif amily line 24 dwelling residential use and includes a proposed or e xisting line 25 dwelling.
line 26 (iii) The accessory dwelling unit is either attached to, or located line 27 within, the proposed or e xisting primary dwelling, including line 28 attached garages, storage areas or similar uses, or an accessory line 29 structure or detached from the proposed or e xisting primary line 30 dwelling and located on the same lot as the proposed or e xisting line 31 primary dwelling, including detached garages.
line 32 (iv) If there is an existing primary dwelling, the total floor area line 33 of an attached accessory dwelling unit shall not exceed 50 percent line 34 of the existing primary dwelling.
line 35 (v) The total floor area for a detached accessory dwelling unit line 36 shall not exceed 1,200 square feet.
line 37 (vi) No passageway shall be required in conjunction with the line 38 construction of an accessory dwelling unit.
line 39 (vii) No setback shall be required for an existing living area or line 40 accessory structure or a structure constructed in the same location 99 SB 1211 — 3 —
line 1 and to the same dimensions as an e xisting structure that is line 2 converted to an accessory dwelling unit or to a portion of an line 3 accessory dwelling unit, and a setback of no more than four feet line 4 from the side and rear lot lines shall be required for an accessory line 5 dwelling unit that is not converted from an existing structure or a line 6 new structure constructed in the same location and to the same line 7 dimensions as an existing structure.
line 8 (viii) Local building code requirements that apply to detached line 9 dwellings, except that the construction of an accessory dwelling line 10 unit shall not constitute a Group R occupanc y change under the line 11 local building code, as described in Section 310 of the California line 12 Building Code (Title 24 of the California Code of Re gulations), line 13 unless the b uilding official or enforcement agenc y of the local line 14 agency makes a written finding based on substantial e vidence in line 15 the record that the construction of the accessory dwelling unit line 16 could have a specific, adverse impact on public health and safety. line 17 Nothing in this clause shall be interpreted to prevent a local agency line 18 from changing the occupancy code of a space that was unhabitable line 19 space or w as only permitted for nonresidential use and w as line 20 subsequently converted for residential use pursuant to this section. 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 — 4 — SB 1211
line 1 The construction of an accessory dwelling unit shall not trigger a line 2 requirement for fire sprinklers to be installed in the existing primary line 3 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) A permit application for an accessory dwelling unit or line 7 a junior accessory dwelling unit shall be considered and approved 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 either approve or deny the application to line 12 create or serv e an accessory dwelling unit or a junior accessory line 13 dwelling unit within 60 days from the date the permitting agency line 14 receives a completed application if there is an e xisting line 15 single-family or multif amily dwelling on the lot. If the permit line 16 application to create or serve an accessory dwelling unit or a junior line 17 accessory dwelling unit is submitted with a permit application to line 18 create a new single-family or multifamily dwelling on the lot, the line 19 permitting agenc y may delay appro ving or den ying the permit line 20 application for the accessory dwelling unit or the junior accessory line 21 dwelling unit until the permitting agenc y approves or denies the line 22 permit application to create the new single-family or multifamily line 23 dwelling, b ut the application to create or serv e the accessory line 24 dwelling unit or junior accessory dwelling unit shall be considered line 25 without discretionary review or hearing. If the applicant requests line 26 a delay, the 60-day time period shall be tolled for the period of the line 27 delay. If the local agency has not approved or denied the completed line 28 application within 60 days, the application shall be deemed line 29 approved. A local agenc y may char ge a fee to reimb urse it for line 30 costs incurred to implement this paragraph, including the costs of line 31 adopting or amending any ordinance that provides for the creation line 32 of an accessory dwelling unit.
line 33 (B) If a permitting agency denies an application for an accessory line 34 dwelling unit or junior accessory dwelling unit pursuant to line 35 subparagraph (A), the permitting agenc y shall, within the time line 36 period described in subparagraph (A), return in writing a full set line 37 of comments to the applicant with a list of items that are defective line 38 or deficient and a description of ho w the application can be line 39 remedied by the applicant.
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line 1 (4) The ordinance shall require that a demolition permit for a line 2 detached garage that is to be replaced with an accessory dwelling line 3 unit be reviewed with the application for the accessory dwelling line 4 unit and issued at the same time.
line 5 (5) The ordinance shall not require, and the applicant shall not line 6 be otherwise required, to provide written notice or post a placard line 7 for the demolition of a detached garage that is to be replaced with line 8 an accessory dwelling unit, unless the property is located within line 9 an architecturally and historically significant historic district. line 10 (6) 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 (7) 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 (8) 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 line 31 owner-occupant requirement, e xcept that a local agenc y may line 32 require that the property may be used for rentals of terms 30 days line 33 or longer.
line 34 (9) 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 (10) In addition to the requirement that a local agency allow the line 39 separate sale or conveyance of an accessory dwelling unit pursuant line 40 to Section 65852.26, a local agenc y may also adopt a local 99 — 6 — SB 1211
line 1 ordinance to allow the separate conveyance of the primary dwelling line 2 unit and accessory dwelling unit or units as condominiums. Any line 3 such ordinance shall include all of the following requirements:
line 4 (A) The condominiums shall be created pursuant to the line 5 Davis-Stirling Common Interest De velopment Act (P art 5 line 6 (commencing with Section 4000) of Division 4 of the Civil Code). line 7 (B) The condominiums shall be created in conformance with line 8 all applicable objective requirements of the Subdivision Map Act line 9 (Division 2 (commencing with Section 66410)) and all objecti ve line 10 requirements of a local subdivision ordinance.
line 11 (C) Before recordation of the condominium plan, a safety line 12 inspection of the accessory dwelling unit shall be conducted as line 13 evidenced either through a certificate of occupancy from the local line 14 agency or a housing quality standards report from a b uilding line 15 inspector certified by the United States Department of Housing line 16 and Urban Development.
line 17 (D) (i) Neither a subdivision map nor a condominium plan shall line 18 be recorded with the county recorder in the county where the real line 19 property is located without each lienholder’ s consent. The line 20 following shall apply to the consent of a lienholder:
line 21 (I) A lienholder may refuse to give consent.
line 22 (II) A lienholder may consent pro vided that an y terms and line 23 conditions required by the lienholder are satisfied. line 24 (ii) Prior to recordation of the initial or an y subsequent line 25 modifications to the condominium plan, written e vidence of the line 26 lienholder’s consent shall be provided to the county recorder along line 27 with a signed statement from each lienholder that states as follows:
line 28
line 29 “(Name of lienholder) hereby consents to the recording of this line 30 condominium plan in their sole and absolute discretion and the line 31 borrower has or will satisfy an y additional terms and conditions line 32 the lienholder may have.”
line 33
line 34 (iii) The lienholder’ s consent shall be included on the line 35 condominium plan or a separate form attached to the condominium line 36 plan that includes the following information:
line 37 (I) The lienholder’s signature.
line 38 (II) The name of the record owner or ground lessee. line 39 (III) The legal description of the real property. 99 SB 1211 — 7 —
line 1 (IV) The identities of all parties with an interest in the real line 2 property as reflected in the real property records. line 3 (iv) The lienholder’s consent shall be recorded in the office of line 4 the county recorder of the county in which the real property is line 5 located.
line 6 (E) The local agenc y shall include the follo wing notice to line 7 consumers on any accessory dwelling or junior accessory dwelling line 8 unit submittal checklist or public information issued describing line 9 requirements and permitting for accessory dwelling units, including line 10 as standard condition of an y accessory dwelling unit b uilding line 11 permit or condominium plan approval:
line 12
line 13 “NOTICE: If you are considering establishing your primary line 14 dwelling unit and accessory dwelling unit as a condominium, line 15 please ensure that your b uilding permitting agenc y allo ws this line 16 practice. If you decide to establish your primary dwelling unit and line 17 accessory dwelling unit as a condominium, your condominium line 18 plan or an y future modifications to the condominium plan must line 19 be recorded with the County Recorder . Prior to recordation or line 20 modification of your subdivision map and condominium plan, any line 21 lienholder with a lien on your title must provide a form of written line 22 consent either on the condominium plan, or on the lienholder’ s line 23 consent form attached to the condominium plan, with te xt that line 24 clearly states that the lender appro ves recordation of the line 25 condominium plan and that you ha ve satisfied their terms and line 26 conditions, if any.
line 27 In order to secure lender consent, you may be required to follow line 28 additional lender requirements, which may include, b ut are not line 29 limited to, one or more of the following:
line 30 (a) Paying off your current lender.
line 31 You may pay of f your mortg age and an y liens through a line 32 refinance or a new loan. Be aware that refinancing or using a new line 33 loan may result in changes to your interest rate or tax basis. Also, line 34 be aware that an y subsequent modification to your subdi vision line 35 map or condominium plan must also be consented to by your line 36 lender, which consent may be denied.
line 37 (b) Securing your lender’s approval of a modification to their line 38 loan collateral due to the change of your current property le gal line 39 description into one or more condominium parcels. 99 — 8 — SB 1211
line 1 (c) Securing your lender’ s consent to the details of an y line 2 construction loan or ground lease.
line 3 This may include a cop y of the impro vement contract entered line 4 in good faith with a licensed contractor, evidence that the record line 5 owner or ground lessee has the funds to complete the work, and a line 6 signed statement made by the record owner or ground lessor that line 7 the information in the consent above is true and correct.” line 8
line 9 (F) If an accessory dwelling unit is established as a line 10 condominium, the local government shall require the homeowner line 11 to notify pro viders of utilities, including w ater, sewer, gas, and line 12 electricity, of the condominium creation and separate conveyance. line 13 (G) (i) The owner of a property or a separate interest within an line 14 existing planned development that has an existing association, as line 15 defined in Section 4080 of the Ci vil Code, shall not record a line 16 condominium plan to create a common interest development under line 17 Section 4100 of the Ci vil Code without the e xpress written line 18 authorization by the existing association.
line 19 (ii) For purposes of this subparagraph, written authorization by line 20 the existing association means appro val by the board at a duly line 21 noticed board meeting, as defined in Section 4090 of the Ci vil line 22 Code, and if needed pursuant to the e xisting association’ s line 23 governing documents, membership appro val of the e xisting line 24 association.
line 25 (H) An accessory dwelling unit shall be sold or otherwise line 26 conveyed separate from the primary residence only under the line 27 conditions outlined in this paragraph or pursuant to Section line 28 65852.26.
line 29 (11) An accessory dwelling unit that conforms to this line 30 subdivision shall be deemed to be an accessory use or an accessory line 31 building and shall not be considered to exceed the allowable density line 32 for the lot upon which it is located, and shall be deemed to be a line 33 residential use that is consistent with the existing general plan and line 34 zoning designations for the lot. The accessory dwelling unit shall line 35 not be considered in the application of any local ordinance, policy, line 36 or program to limit residential growth.
line 37 (b) (1) When a local agency that has not adopted an ordinance line 38 governing accessory dwelling units in accordance with subdivision line 39 (a) recei ves an application for a permit to create or serv e an line 40 accessory dwelling unit pursuant to this subdi vision, the local 99 SB 1211 — 9 —
line 1 agency shall approve or disapprove the application ministerially line 2 without discretionary re view pursuant to subdi vision (a). The line 3 permitting agency shall either approve or deny the application to line 4 create or serv e an accessory dwelling unit or a junior accessory line 5 dwelling unit within 60 days from the date the permitting agency line 6 receives a completed application if there is an e xisting line 7 single-family or multif amily dwelling on the lot. If the permit line 8 application to create or serve an accessory dwelling unit or a junior line 9 accessory dwelling unit is submitted with a permit application to line 10 create or serve a new single-family or multifamily dwelling on the line 11 lot, the permitting agenc y may delay appro ving or den ying the line 12 permit application for the accessory dwelling unit or the junior line 13 accessory dwelling unit until the permitting agenc y approves or line 14 denies the permit application to create or serv e the ne w line 15 single-family or multifamily dwelling, but the application to create line 16 or serve the accessory dwelling unit or junior accessory dwelling line 17 unit shall still be considered ministerially without discretionary line 18 review or a hearing. If the applicant requests a delay , the 60-day line 19 time period shall be tolled for the period of the delay. If the local line 20 agency has not appro ved or denied the completed application line 21 within 60 days, the application shall be deemed approved. line 22 (2) If a permitting agency denies an application for an accessory line 23 dwelling unit or junior accessory dwelling unit pursuant to line 24 paragraph (1), the permitting agency shall, within the time period line 25 described in paragraph (1), return in writing a full set of comments line 26 to the applicant with a list of items that are defecti ve or deficient line 27 and a description of ho w the application can be remedied by the line 28 applicant.
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.
99 — 10 — SB 1211
line 1 (ii) 1,000 square feet for an accessory dwelling unit that provides line 2 more than one bedroom.
line 3 (C) Any requirement for a zoning clearance or separate zoning line 4 review or any other minimum or maximum size for an accessory line 5 dwelling unit, size based upon a percentage of the proposed or line 6 existing primary dwelling, or limits on lot co verage, floor area line 7 ratio, open space, front setbacks, and minimum lot size, for either line 8 attached or detached dwellings that does not permit at least an 800 line 9 square foot accessory dwelling unit with four -foot side and rear line 10 yard setbacks to be constructed in compliance with all other local line 11 development standards.
line 12 (D) Any height limitation that does not allo w at least the line 13 following, as applicable:
line 14 (i) A height of 16 feet for a detached accessory dwelling unit line 15 on a lot with an existing or proposed single family or multifamily line 16 dwelling unit.
line 17 (ii) A height of 18 feet for a detached accessory dwelling unit line 18 on a lot with an existing or proposed single family or multifamily line 19 dwelling unit that is within one-half of one mile walking distance line 20 of a major transit stop or a high-quality transit corridor , as those line 21 terms are defined in Section 21155 of the Public Resources Code. line 22 A local agency shall also allow an additional two feet in height to line 23 accommodate a roof pitch on the accessory dwelling unit that is line 24 aligned with the roof pitch of the primary dwelling unit. line 25 (iii) A height of 18 feet for a detached accessory dwelling unit line 26 on a lot with an e xisting or proposed multif amily, multistory line 27 dwelling.
line 28 (iv) A height of 25 feet or the height limitation in the local line 29 zoning ordinance that applies to the primary dwelling, whichever line 30 is lower, for an accessory dwelling unit that is attached to a primary line 31 dwelling. This clause shall not require a local agency to allow an line 32 accessory dwelling unit to exceed two stories.
line 33 (d) Notwithstanding any other law, and whether or not the local line 34 agency has adopted an ordinance go verning accessory dwelling line 35 units in accordance with subdivision (a), all of the following shall line 36 apply:
line 37 (1) The local agency shall not impose any parking standards for line 38 an accessory dwelling unit in any of the following instances:
line 39 (A) Where the accessory dwelling unit is located within one-half line 40 mile walking distance of public transit.
99 SB 1211 — 11 —
line 1 (B) Where the accessory dwelling unit is located within an line 2 architecturally and historically significant historic district. line 3 (C) Where the accessory dwelling unit is part of the proposed line 4 or existing primary residence or an accessory structure. line 5 (D) When onstreet parking permits are required but not offered line 6 to the occupant of the accessory dwelling unit.
line 7 (E) When there is a car share vehicle located within one block line 8 of the accessory dwelling unit.
line 9 (F) When a permit application for an accessory dwelling unit line 10 is submitted with a permit application to create a new single-family line 11 dwelling or a new multifamily dwelling on the same lot, provided line 12 that the accessory dwelling unit or the parcel satisfies an y other line 13 criteria listed in this paragraph.
line 14 (2) The local agency shall not deny an application for a permit line 15 to create an accessory dwelling unit due to the correction of line 16 nonconforming zoning conditions, b uilding code violations, or line 17 unpermitted structures that do not present a threat to public health line 18 and safety and are not affected by the construction of the accessory line 19 dwelling unit.
line 20 (e) (1) Notwithstanding subdi visions (a) to (d), inclusi ve, a line 21 local agenc y shall ministerially appro ve an application for a line 22 building permit within a residential or mix ed-use zone to create line 23 any of the following:
line 24 (A) One accessory dwelling unit and one junior accessory line 25 dwelling unit per lot with a proposed or e xisting single-family line 26 dwelling if all of the following apply:
line 27 (i) The accessory dwelling unit or junior accessory dwelling line 28 unit is within the proposed space of a single-f amily dwelling or line 29 existing space of a single-f amily dwelling or accessory structure line 30 and may include an e xpansion of not more than 150 square feet line 31 beyond the same ph ysical dimensions as the e xisting accessory line 32 structure. An expansion beyond the ph ysical dimensions of the line 33 existing accessory structure shall be limited to accommodating line 34 ingress and egress.
line 35 (ii) The space has exterior access from the proposed or existing line 36 single-family dwelling.
line 37 (iii) The side and rear setbacks are sufficient for fire and safety. line 38 (iv) The junior accessory dwelling unit complies with the line 39 requirements of Section 65852.22.
99 — 12 — SB 1211
line 1 (B) One detached, ne w construction, accessory dwelling unit line 2 that does not exceed four-foot side and rear yard setbacks for a lot line 3 with a proposed or existing single-family dwelling. The accessory line 4 dwelling unit may be combined with a junior accessory dwelling line 5 unit described in subparagraph (A). A local agency may impose line 6 the following conditions on the accessory dwelling unit:
line 7 (i) A total floor area limitation of not more than 800 square feet. line 8 (ii) A height limitation as provided in clause (i), (ii), or (iii) as line 9 applicable, of subparagraph (D) of paragraph (2) of subdi vision line 10 (c).
line 11 (C) (i) Multiple accessory dwelling units within the portions line 12 of existing multifamily dwelling structures that are not used as line 13 livable space, including, but not limited to, storage rooms, boiler line 14 rooms, passageways, attics, basements, or g arages, if each unit line 15 complies with state building standards for dwellings. line 16 (ii) A local agency shall allow at least one accessory dwelling line 17 unit within an existing multifamily dwelling and shall allow up to line 18 25 percent of the existing multifamily dwelling units. The number line 19 of accessory dwelling units allowed under subparagraph (D) shall line 20 count towards the maximum number of accessory dwelling units line 21 allowed under this subparagraph.
line 22 (D) (i) Not more than tw o Multiple accessory dwelling units line 23 that are located on a lot that has an existing or proposed multifamily line 24 dwelling, but that are detached from that multifamily dwelling and line 25 that are subject to a height limitation in clause (i), (ii), or (iii), as line 26 applicable, of subparagraph (D) of paragraph (2) of subdi vision line 27 (c) and rear yard and side setbacks of no more than four feet. line 28 (ii) A local a gency shall allow at least two detac hed, ne w line 29 construction, accessory dwelling units pur suant to this line 30 subparagraph and shall allow up to 25 per cent of the e xisting line 31 multifamily dwelling units. The number of accessory dwelling units line 32 allowed under subparagraph (C) shall count towards the maximum line 33 number of accessory dwelling units allowed under this line 34 subparagraph.
line 35 (ii)
line 36 (iii) If the e xisting multif amily dwelling has a rear or side line 37 setback of less than four feet, the local agenc y shall not require line 38 any modification of the e xisting multif amily dwelling as a line 39 condition of approving the application to construct an accessory line 40 dwelling unit that satisfies the requirements of this subparagraph. 99 SB 1211 — 13 —
line 1 (iv) When a carport, co vered parking structure, or uncovered line 2 parking space is demolished in conjunction with the construction line 3 of an accessory dwelling unit or converted to an accessory dwelling line 4 unit, the local agency shall not require that those offstreet parking line 5 spaces be replaced.
line 6 (2) A local agency shall not require, as a condition for ministerial line 7 approval of a permit application for the creation of an accessory line 8 dwelling unit or a junior accessory dwelling unit, the correction line 9 of nonconforming zoning conditions.
line 10 (3) The installation of fire sprinklers shall not be required in an line 11 accessory dwelling unit if sprinklers are not required for the line 12 primary residence. The construction of an accessory dwelling unit line 13 shall not trigger a requirement for fire sprinklers to be installed in line 14 the existing multifamily dwelling.
line 15 (4) A local agency shall require that a rental of the accessory line 16 dwelling unit created pursuant to this subdi vision be for a term line 17 longer than 30 days.
line 18 (5) A local agency may require, as part of the application for a line 19 permit to create an accessory dwelling unit connected to an onsite line 20 wastewater treatment system, a percolation test completed within line 21 the last five years, or, if the percolation test has been recertified, line 22 within the last 10 years.
line 23 (6) Notwithstanding subdivision (c) and paragraph (1) a local line 24 agency that has adopted an ordinance by July 1, 2018, pro viding line 25 for the appro val of accessory dwelling units in multif amily line 26 dwelling structures shall ministerially consider a permit application line 27 to construct an accessory dwelling unit that is described in line 28 paragraph (1), and may impose objective standards including, but line 29 not limited to, design, development, and historic standards on said line 30 accessory dwelling units. These standards shall not include line 31 requirements on minimum lot size.
line 32 (f) (1) Fees charged for the construction of accessory dwelling line 33 units shall be determined in accordance with Chapter 5 line 34 (commencing with Section 66000) and Chapter 7 (commencing line 35 with Section 66012).
line 36 (2) An accessory dwelling unit shall not be considered by a line 37 local agency, special district, or w ater corporation to be a ne w line 38 residential use for purposes of calculating connection fees or line 39 capacity charges for utilities, including w ater and sewer service, 99 — 14 — SB 1211
line 1 unless the accessory dwelling unit w as constructed with a ne w line 2 single-family dwelling.
line 3 (3) (A) A local agenc y, special district, or w ater corporation line 4 shall not impose an y impact fee upon the de velopment of an line 5 accessory dwelling unit less than 750 square feet. Any impact fees line 6 charged for an accessory dwelling unit of 750 square feet or more line 7 shall be charged proportionately in relation to the square footage line 8 of the primary dwelling unit.
line 9 (B) For purposes of this paragraph, “impact fee” has the same line 10 meaning as the term “fee” is defined in subdivision (b) of Section line 11 66000, except that it also includes fees specified in Section 66477. line 12 “Impact fee” does not include an y connection fee or capacity line 13 charge char ged by a local agenc y, special district, or w ater line 14 corporation.
line 15 (4) For an accessory dwelling unit described in subparagraph line 16 (A) of paragraph (1) of subdi vision (e), a local agenc y, special line 17 district, or w ater corporation shall not require the applicant to line 18 install a ne w or separate utility connection directly between the line 19 accessory dwelling unit and the utility or impose a related line 20 connection fee or capacity charge, unless the accessory dwelling line 21 unit was constructed with a new single-family dwelling, or upon line 22 separate conveyance of the accessory dwelling unit pursuant to line 23 paragraph (10) of subdivision (a).
line 24 (5) For an accessory dwelling unit that is not described in line 25 subparagraph (A) of paragraph (1) of subdi vision (e), a local line 26 agency, special district, or w ater corporation may require a ne w line 27 or separate utility connection directly between the accessory line 28 dwelling unit and the utility . Consistent with Section 66013, the line 29 connection may be subject to a connection fee or capacity charge line 30 that shall be proportionate to the burden of the proposed accessory line 31 dwelling unit, based upon either its square feet or the number of line 32 its drainage fixture unit (DFU) values, as defined in the Uniform line 33 Plumbing Code adopted and published by the International line 34 Association of Plumbing and Mechanical Officials, upon the water line 35 or sewer system. This fee or charge shall not exceed the reasonable line 36 cost of providing this service.
line 37 (g) This section shall supersede a conflicting local ordinance. line 38 This section does not limit the authority of local agencies to adopt line 39 less restricti ve requirements for the creation of an accessory line 40 dwelling unit.
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line 1 (h) (1) A local agenc y shall submit a cop y of the ordinance line 2 adopted pursuant to subdivision (a) to the Department of Housing line 3 and Community Development within 60 days after adoption. After line 4 adoption of an ordinance, the department may submit written line 5 findings to the local agency as to whether the ordinance complies line 6 with this section.
line 7 (2) (A) If the department finds that the local agency’s ordinance line 8 does not comply with this section, the department shall notify the line 9 local agency and shall provide the local agency with a reasonable line 10 time, no longer than 30 days, to respond to the findings before line 11 taking any other action authorized by this section. line 12 (B) The local agency shall consider the findings made by the line 13 department pursuant to subparagraph (A) and shall do one of the line 14 following:
line 15 (i) Amend the ordinance to comply with this section. line 16 (ii) Adopt the ordinance without changes. The local agenc y line 17 shall include findings in its resolution adopting the ordinance that line 18 explain the reasons the local agenc y believes that the ordinance line 19 complies with this section despite the findings of the department. line 20 (3) (A) If the local agenc y does not amend its ordinance in line 21 response to the department’s findings or does not adopt a resolution line 22 with findings explaining the reason the ordinance complies with line 23 this section and addressing the department’ s findings, the line 24 department shall notify the local agenc y and may notify the line 25 Attorney General that the local agency is in violation of state law. line 26 (B) Before notifying the Attorney General that the local agency line 27 is in violation of state law, the department may consider whether line 28 a local agency adopted an ordinance in compliance with this section line 29 between January 1, 2017, and January 1, 2020.
line 30 (i) The department may re view, adopt, amend, or repeal line 31 guidelines to implement uniform standards or criteria that line 32 supplement or clarify the terms, references, and standards set forth line 33 in this section. The guidelines adopted pursuant to this subdivision line 34 are not subject to Chapter 3.5 (commencing with Section 11340) line 35 of Part 1 of Division 3 of Title 2.
line 36 (j) As used in this section, the following terms mean:
line 37 (1) “Accessory dwelling unit” means an attached or a detached line 38 residential dwelling unit that provides complete independent living line 39 facilities for one or more persons and is located on a lot with a line 40 proposed or existing primary residence. It shall include permanent 99 — 16 — SB 1211
line 1 provisions for living, sleeping, eating, cooking, and sanitation on line 2 the same parcel as the single-family or multifamily dwelling is or line 3 will be situated. An accessory dwelling unit also includes the line 4 following:
line 5 (A) An efficiency unit.
line 6 (B) A manufactured home, as defined in Section 18007 of the line 7 Health and Safety Code.
line 8 (2) “Accessory structure” means a structure that is accessory line 9 and incidental to a dwelling located on the same lot. line 10 (3) “Efficiency unit” has the same meaning as defined in Section line 11 17958.1 of the Health and Safety Code.
line 12 (4) “Living area” means the interior habitable area of a dwelling line 13 unit, including basements and attics, but does not include a garage line 14 or any accessory structure.
line 15 (5) “Local agency” means a city , county, or city and county , line 16 whether general law or chartered.
line 17 (6) “Nonconforming zoning condition” means a ph ysical line 18 improvement on a property that does not conform to current zoning line 19 standards.
line 20 (7) “Objective standards” means standards that in volve no line 21 personal or subjecti ve judgment by a public official and are line 22 uniformly v erifiable by reference to an e xternal and uniform line 23 benchmark or criterion a vailable and kno wable by both the line 24 development applicant or proponent and the public official prior line 25 to submittal.
line 26 (8) “Passageway” means a pathw ay that is unobstructed clear line 27 to the sky and extends from a street to one entrance of the accessory line 28 dwelling unit.
line 29 (9) “Permitting agency” means an y entity that is in volved in line 30 the review of a permit for an accessory dwelling unit or junior line 31 accessory dwelling unit and for which there is no substitute, line 32 including, b ut not limited to, applicable planning departments, line 33 building departments, utilities, and special districts. line 34 (10) “Proposed dwelling” means a dwelling that is the subject line 35 of a permit application and that meets the requirements for line 36 permitting.
line 37 (11) “Public transit” means a location, including, but not limited line 38 to, a bus stop or train station, where the public may access buses, line 39 trains, subways, and other forms of transportation that charge set line 40 fares, run on fixed routes, and are available to the public. 99 SB 1211 — 17 —
line 1 (12) “Tandem parking” means that tw o or more automobiles line 2 are parked on a dri veway or in an y other location on a lot, lined line 3 up behind one another.
line 4 (k) A local agency shall not issue a certificate of occupancy for line 5 an accessory dwelling unit before the local agenc y issues a line 6 certificate of occupancy for the primary dwelling. line 7 (l) Nothing in this section shall be construed to supersede or in line 8 any way alter or lessen the effect or application of the California line 9 Coastal Act of 1976 (Di vision 20 (commencing with Section line 10 30000) of the Public Resources Code), e xcept that the local line 11 government shall not be required to hold public hearings for coastal line 12 development permit applications for accessory dwelling units. line 13 (m) A local agency may count an accessory dwelling unit for line 14 purposes of identifying adequate sites for housing, as specified in line 15 subdivision (a) of Section 65583.1, subject to authorization by the line 16 department and compliance with this division.
line 17 (n) In enforcing b uilding standards pursuant to Article 1 line 18 (commencing with Section 17960) of Chapter 5 of P art 1.5 of line 19 Division 13 of the Health and Safety Code for an accessory line 20 dwelling unit described in paragraph (1) or (2), a local agenc y, line 21 upon request of an owner of an accessory dwelling unit for a delay line 22 in enforcement, shall delay enforcement of a b uilding standard, line 23 subject to compliance with Section 17980.12 of the Health and line 24 Safety Code:
line 25 (1) The accessory dwelling unit w as b uilt before January 1, line 26 2020.
line 27 (2) The accessory dwelling unit w as built on or after January line 28 1, 2020, in a local jurisdiction that, at the time the accessory line 29 dwelling unit w as built, had a noncompliant accessory dwelling line 30 unit ordinance, b ut the ordinance is compliant at the time the line 31 request is made.
line 32 SEC. 2. No reimbursement is required by this act pursuant to line 33 Section 6 of Article XIIIB of the California Constitution because line 34 a local agency or school district has the authority to le vy service line 35 charges, fees, or assessments sufficient to pay for the program or line 36 level of service mandated by this act, within the meaning of Section line 37 17556 of the Government Code.
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