City Council Chambers
14343 Civic Drive
Victorville, CA
www.victorvilleca.gov
VICTORVILLE CITY COUNCIL
VICTORVILLE LIBRARY BOARD OF TRUSTEES
SOUTHERN CALIFORNIA LOGISTICS AIRPORT AUTHORITY
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
THE CITY AS HOUSING ASSETS SUCCESSOR
JOINT POWERS FINANCING AUTHORITY
VICTORVILLE WATER DISTRICT
Regular Meeting Agenda
Tuesday, August 15, 2023
5:00 p.m. Closed Session
6:00 p.m. Regular Session
The
City
Council
holds
its
business
meetings
in
public
in
accordance
with
the
requirements
of
the
Ralph
M.
Brown
Act,
its
established
policies
and
procedures,
and
its
adopted
parliamentary
authority.
The
Council
strives
to
carry
out
its
meetings
in
an
atmosphere
of
professionalism
with
full
participation
by
members
of
the
body
and
the
public.
As
such,
the
Presiding
Officer
is
empowered
to
govern
City
Council
Meetings
to
foster
the
efficient
and
fair
administration
of
City
business
and
reserves
the
right
to
enforce
(or
cause
to
be
enforced)
the
Meeting
Rules
of
Conduct
and
Decorum
as
set
forth
in
Chapter
5 of
the
City
Council Policy and Procedures Manual.
The
City
Council
welcomes
and
encourages
public
participation
and
invites
the
community
to
attend
in
person.
Now
that
COVID-19
cases
in
our
area
have
reduced
to
a
point
that
social
distancing
requirements
have
been
lifted,
City
Council
Meetings
will
be
held
in-person
at
City
Hall
in
Council
Chambers.
Remote
viewing
of
our
Council
Meetings
is
available
through
YouTube,
but
public comments must be given in-person at the meeting or in advance as noted below.
Public
Comments:
Members
of
the
public
may
submit
comments
electronically
to
by
4 p.m.
the
day
of
the
meeting
to
be
distributed
to
City
Council.
Participants
are
invited
to
address
the
Council
on
agendized
and
non-agendized
topics
at
the
beginning
of
the
meeting.
Public
comments
will
be
no
longer
than
three
(3)
minutes
per
community
member.
Should
a
speaker
conclude
their
comments
prior
to
the
expiration
of
three
(3)
minutes,
the
speaker
waives
the
right
to
speak
for
any
remaining
amount
of
time.
For
further
information
about
how
to
address
the
Council,
please refer to the City’s website at
victorvilleca.gov/government/agendas
.
In
compliance
with
the
Americans
with
Disabilities
Act,
if
you
need
special
assistance
to
participate
in
this
meeting,
please
contact
the
City
Clerk’s
office
at
(760)
955-5188
no
later
than
72 hours
prior
to
the
meeting.
5:00 p.m. Closed Session
Call to Order
Roll Call
Introduction to Public Comments
Public Comments for Closed Session Items
Declaration of Closed Session Item(s) by City Attorney
CITY COUNCIL
A.
CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION
Pursuant to Government Code § 54956.9(d)(1)
Case
name
unspecified:
(Disclosure
would
jeopardize
existing
settlement
negotiations)
B.
CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION
Pursuant to Government Code § 54956.9(d)(1)
Case
name
unspecified:
(Disclosure
would
jeopardize
existing
settlement
negotiations)
C.
CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION
Pursuant to Government Code § 54956.9(d)(1)
Case
name
unspecified:
(Disclosure
would
jeopardize
existing
settlement
negotiations)
Recess to Closed Session
6:00 p.m. Regular Session
Call to Order
Roll Call
Closed Session Announcements by the City Attorney
Invocation: Pastor Diondre McBride of Sunrise Church
Pledge of Allegiance: Police Captain John Wickum
City Clerk Presents Agenda/Revisions to Agenda
Conflict of Interest Declarations
Any
items
on
this
agenda
that
might
be
a
conflict
of
interest
to
any
Council
Members/Board Members should be identified at this time.
Introduction to Public Comments
Public Comments
PUBLIC HEARING(S)
1. An
Amendment
to
a
Development
Agreement
Between
the
City
of
Victorville
and
SLPR,
LLC
to
Update
the
Term
of
the
Existing
Agreement
and
Allow
for
an
Additional
One-year
Extension
of
Time
for
Tentative
Tract
Map
14525,
as
well
as
Add
a
Community
Facilities
District
Obligation
and
Update
Noticing
Addresses
on
Property
Located
West
of
and
Abutting
Stoddard
Wells
Road,
South
of
Interstate
15, and Approximately 2,000 Feet North of D Street
Recommendation:
That the Honorable City Council:
(1) Open and conduct a Public Hearing;
(2) Close the Public Hearing;
(3)
Introduce
Ordinance
No.
2442
for
adoption
and
first
reading
by
title
only
for
the
Development
Agreement
Amendment
between
the
City
of
Victorville
and
SLPR,
LLC; and
(4)
Waive
further
reading
in
full
of
proposed
Development
Agreement
Ordinance
No. 2442.
2. An
Amendment
to
the
Victorville
Municipal
Code
with
an
Environmental
Exemption
Introducing
Various
Updates
to
Title
16 Including,
but
not
Limited
to,
Standards
for
Off-street
Parking
Facilities
for
Recreational
Vehicle
Parking
and
Parking
Stalls
Abutting
Obstructions,
and
Updates
to
Accessory
Dwelling
Unit
Standards
and
the
Addition of Junior Accessory Dwelling Allowances in Accordance with State Law
Recommendation:
That
the
Honorable
City
Council
conduct
a
public
hearing,
receive
public
testimony,
and take the following actions:
(1)
Find
the
Victorville
Municipal
Code
Amendment
categorically
exempt
per
CEQA
Guidelines Section 15061(b)(3); and
(2)
Introduce
Ordinance
No.
2443
for
adoption
and
first
reading
by
title
only
to
amend the Victorville Municipal Code; and
(3) Waive a further reading in full of proposed Ordinance No. 2443.
CONSENT CALENDAR
3. Notice of Completion - Transportation Center Re-Roof, Project CC23-063
Recommendation:
That
the
Honorable
City
Council
accept
as
complete
and
approve
the
Notice
of
Completion
for
the
Transportation
Center
Re-Roof,
Project
CC23-063,
and
authorize the City Manager to execute the Notice of Completion.
4. Notice of Completion - Old Town Sidewalk Connectivity Project - Phase 1
Recommendation:
That
the
Honorable
City
Council
accept
as
complete
and
approve
the
Notice
of
Completion
for
the
Old
Town
Sidewalk
Connectivity
Project
-
Phase
1 and
authorize
the City Manager to execute the Notice of Completion.
5. Fiscal
Year
2023/2024
Budget
Amendment
-
Prevention
of
Animal
Homelessness
and Cruelty Grant
Recommendation:
That
the
Honorable
City
Council
approve
a
budget
amendment
for
Fiscal
Year
2023/2024
for
$15,000.00
of
both
revenue
and
expenditures
related
to
the
Prevention
of
Animal
Homelessness
and
Cruelty
Grant
awarded
by
the
California
Department of Food and Agriculture.
6. Commercial Demand Schedule No. 1
Recommendation:
That
the
City
Council
and
Board
of
Directors
ratify
Commercial
Demand
Schedule
No.
1 in
the
amount
of
$34,250,951.38,
covering
Electronic
Fund
Transfers
No.
335315
through
335729
and
Warrant
No.
790977
through
791344
for
06/23/2023
through
07/20/2023
and
Wire
Transfer
dated
07/20/2023,
per
the
adopted
budget
for
Fiscal
Year
2022-2023
for
the
period
covering
July
1,
2022
through
June
30,
2023
and
Fiscal
Year
2023-2024
for
the
period
covering
July
1,
2023
through
June
30, 2024.
7. Notice of Completion – Pipeline Replacement Project – Area 31
Recommendation:
That
the
Honorable
City
Council
accept
as
complete
and
approve
the
Notice
of
Completion
for
Pipeline
Replacement
Project
–
Area
31 and
authorize
the
City
Manager to execute the Notice of Completion.
8. Partial Security Release for Case Nos. BLDC21-00070/EROW21-00182
Recommendation:
That the Honorable City Council:
(1)
Approve
an
80 percent
release
of
the
Street
Improvements
Faithful
Performance
Security for case Nos. BLDC21-00070/EROW21-00182; and
(2) Accept the street improvements.
9. Reduction of Securities for Tract Map No. 15598
Recommendation:
That the Honorable City Council:
(1)
Approve
an
additional
20-percent
release
of
the
Faithful
Performance
Streets
securities; and
(2) Accept the public street improvements.
10. Payroll Warrant List
Recommendation:
That
the
City
Council
and
Board
of
Directors
ratify
Payroll
Demand
Schedule
No.
12B
for
Payroll
Period
June
09,
2023,
through
June
23,
2023,
in
the
amount
of
$2,156,667.41
covering
Check
Nos.
33502
through
33542,
including
Vendor
checks.
Please
note
employee
Check
No.
33508
has
a
live
Check
and
an
EFT
Advice.
Also
included
are
Advice
Nos.
302006
through
302505,
per
adopted
budget
for Fiscal Year 2022-2023 (period covering July 1, 2022, through June 30, 2023).
11. Commercial Demand Schedule No. 2
Recommendation:
That
the
City
Council
and
Board
of
Directors
ratify
Commercial
Demand
Schedule
No.
2 in
the
amount
of
$7,416,866.83,
covering
Electronic
Fund
Transfers
No.
335730
through
336010
and
Warrant
No.
791345
through
791573
for
07/20/2023
through
08/02/2023
and
Wire
Transfers
dated
07/25/2023,
per
the
adopted
budget
for
Fiscal
Year
2022-2023
for
the
period
covering
July
1,
2022
through
June
30,
2023
and
Fiscal
Year
2023-2024
for
the
period
covering
July
1,
2023
through
June
30, 2024.
12. VMUS Annual Operating Result Report for FY 2023
Recommendation:
That the Honorable City Council review and file this report.
13. Community Services Quarterly Report for the Fourth Quarter of Fiscal Year 2023
Recommendation:
That the Honorable City Council review and file.
14. Minutes
of
the
March
21,
2023,
and
April
4,
2023,
Regular
City
Council
Meetings
and the March 28, 2023 Special City Council Meeting
Recommendation:
That
the
Honorable
City
Council
approve
the
minutes
of
the
Regular
City
Council
Meetings
held
on
March
21,
2023,
and
April
4,
2023,
and
the
Special
City
Council
Meeting held on March 28, 2023.
15. Building Department Activity Report
Recommendation:
That the Honorable Council review and file.
WRITTEN COMMUNICATIONS
16. Sheriff’s Department Schedule A Amendment
Recommendation:
That Your Honorable City Council:
(1)
Approve
the
Fifty-Second
Amendment
to
Law
Enforcement
Contract
#94-909-A-
52 for
the
period
of
September
1,
2023,
through
June
30,
2024,
and
authorize
the
Mayor or her designee to process all documents required for this agreement; and (2)
Adopt
Resolution
23-066
approving
a
reduction
in
revenue
in
the
amount
of
$308,205.70 and $238,538 in expenditures related to the said contract.
17. Presentation on City's Pavement Management of City Roads
Recommendation:
Staff recommends that the Honorable City Council receive and file this report.
18. Measure I Five Year Capital Improvement Plan
Recommendation:
That
the
Honorable
City
Council
adopt
Resolution
No.
23-069,
approving
the
Measure
I
Five
Year
Capital
Improvement
Plan
for
Fiscal
Years
2023/2024
through
2027/2028.
19. Capital
Project
Needs
Analysis
for
Green
Tree
Blvd.
Extension
and
Bear
Valley
Road Overhead at BNSF Railroad Projects
Recommendation:
That
the
Honorable
City
Council
approve
the
Capital
Project
Needs
Analysis
(CPNA)
for
the
Green
Tree
Blvd.
Extension
and
the
Bear
Valley
Road
Overhead
at
BNSF Railroad Projects for Fiscal Years 2024/2025 through 2028/2029.
20. Wellness
Center
Project
-
Amendment
No.
1 to
the
Consultant
/
Professional
Services Provider Agreement with Pacifica Services, Inc.
Recommendation:
That
the
Honorable
City
Council
approve
Amendment
No.
1 to
the
Consultant
/
Professional
Services
Provider
Agreement
for
the
Wellness
Center
Project
construction
management
contract
with
the
Pacifica
Services,
Inc.,
in
an
amount
not to exceed $616,677.00.
21. Wellness Center Project - Phase 2 Supplemental Work Order (SWO) No. 10
Recommendation:
That
the
Honorable
City
Council
approve
SWO
No.
10 for
the
Wellness
Center
Phase 2 construction contract resulting in an increase not to exceed $742,519.70.
22. Purchase
of
Fleet
Vehicles
and
Equipment
for
Fiscal
Year
2023
and
Fiscal
Year
2024
Recommendation:
That
the
Honorable
City
Council,
SCLAA,
and
Victorville
Water
District
Board
of
Directors:
(1) Reject the bid, CC23-096 Purchase of New Vehicles;
(2)
Approve
the
purchase
of
fleet
vehicles,
specialty
vehicles,
and
equipment
from
the
vehicle/equipment
list
for
Fiscal
Year
2022/2023
and
Fiscal
Year
2023/2024
through
several
procurement
methods
such
as
cooperative
purchasing
programs,
lead
agency
piggyback
programs,
and
availability
of
suitable
dealer
lot
inventory;
and
(3)
Authorize
the
City
Manager/Executive
Director/General
Manager
to
execute
any
and all documents necessary for such purchases.
23. Purchase of Thirty-Six Firefighting Personal Protective Equipment Turnouts
Recommendation:
That
the
Honorable
City
Council
approve
the
purchase
of
thirty-six
(36)
firefighting
Personal
Protective
Equipment
(PPE)
turnouts
from
AllStar
Fire
Equipment,
Inc
in
the amount of $153,076.50
24. Victorville Strategic Plan 2023 - 2026
Recommendation:
That
your
Honorable
City
Council
adopts
the
City
of
Victorville
Strategic
Plan
2023-
2026.
25. Consideration
of
Possible
Adjustments
to
Employment
Agreement
for
the
City
Manager related to Salary
Recommendation:
At
the
City
Council
Meeting
of
July
18,
2023,
the
City
Council
reviewed
the
terms
of
a
City
Manager
Agreement
with
Keith
C.
Metzler.
As
a
result
of
that
review,
the
City
Council
asked
to
agendize
a
discussion
of
possible
salary
adjustments
for
the
City
Manager. Any action is at the discretion of the City Council.
26. City Manager Reports
27. Discussion and Possible Action Regarding Upcoming Agenda Items
28. Reports from Council Members
Adjournment
Item Number: 1
City Council / Board of Directors
Public Hearing(s)
Meeting of: August 15, 2023
Submitted By:
Scott Webb, City Planner
Subject:
An Amendment to a Development Agreement Between the City of Victorville and SLPR, LLC to Update the Term of the Existing Agreement and Allow for an Additional One-year Extension of Time for Tentative Tract Map 14525, as well as Add a Community Facilities District Obligation and Update Noticing Addresses on Property Located West of and Abutting Stoddard Wells Road, South of Interstate 15, and Approximately 2,000 Feet North of D Street.
Recommendation:
That the Honorable City Council:
(1) Open and conduct a Public Hearing;
(2) Close the Public Hearing;
(3) Introduce Ordinance No. 2442 for adoption and first reading by title only for the Development Agreement Amendment between the City of Victorville and SLPR, LLC; and
(4) Waive further reading in full of proposed Development Agreement Ordinance No. 2442.
Fiscal Impact:
There is no fiscal impact associated with this action.
Strategic Plan Goal:
The proposed Development Agreement Amendment will further implementation of the 2020-2023 Strategic Plan by addressing the following multi-year goals outlined in the Strategic Plan.
Goal A. Financial Sustainability – The proposed Development Agreement Amendment requires the subject development to mitigate its ongoing economic impacts that require 3 2
4 7
the provision of additional municipal services through annexation into a Community Facilities District, which will assist in the City’s in maintaining its long-term fiscal health.
Goal C. Community and Economic Development – Additional dwelling units created as a result of the residential development subject to Development Agreement Amendment will support economic vitality of the City by introducing new residents to the City that patronize the various public facilities and private establishments in the area, including within the Old Town Specific Plan area.
Background:
At a regular meeting held July 12, 2023, the Planning Commission recommended City Council approval of the subject Development Agreement Amendment (Planning Case No.
PLAN23-00013) by a vote of 3-0 (with two Commissioners absent) and making all findings required by Section 16-3.19.030(a) of the Victorville Municipal Code.
SLPR, LLC, the owner of an approved 319-lot single family tentative tract map (Attachment B), is requesting an amendment to a previously executed Development Agreement (DA) with the City of Victorville in order to extend the life of the tentative map for an additional one year period (two years total) while the owner continues to seek the recordation of all phases of the subject map, which has been delayed due to unforeseen difficulties in final engineering given the site’s elevation and location of existing sewer at Stoddard Wells Road. The subject map is located within undeveloped Planned Unit Development PUD-09-001, which was originally approved in 2009 and updated in 2016 to allow for single family residential lots not less than 5,000 square feet in size. The subject Planned Unit Development includes requirements for additional community amenities (e.g. clubhouse, swimming pool, & parks) and updated development standards that will provide a unique and alternative single-family residential subdivision that is superior to typical residential subdivisions. Although the site has been previously disturbed from agricultural uses on-site, the location is currently vacant and unused.
Tentative Tract Map 14525 is currently set to expire on August 19, 2023, and the subject map has expended all other administrative extensions permitted by the Subdivision Map Act, excepting for the existing Development Agreement proposed for amendment. In addition to the six total years of administrative tentative tract map time extensions approved by the City pursuant to by California Government Code Section 66452.6(e) and the four years of time extensions granted by the State Legislature, the project also received a one year extension as a result of a Development Agreement approved by Ordinance No. 2430 (Attachment C). The following table below provides a timeline of the map’s history of administrative time extensions, legislative time extensions, as well as the extension provided by the existing Development Agreement:
3 2
4 7
TRACT 14525 EXPIRATION INFORMATION
Activity Effective Date Extension
Period
Expiration Date
PLN07-00123 Original Approval July 7, 2009 N/A July 7, 2012 CA Assembly Bill 208 July 7, 2012 2 years July 7, 2014
CA Assembly Bill 116 July 7, 2014 2 years July 7, 2016
3-Year Time Extension
(Case No. PLN16-00010) July 7, 2016 3 years July 7, 2019 3-Year Time Extension
(Case No. PLAN19-00024) July 7, 2019 3 years July 7, 2022 Time Extension Application*
(Case No. PLAN22-00019) July 7, 2022 60 days September 5, 2022 Development Agreement
(Ordinance No. 2430) August 19, 2022 1 year August 19, 2023** Proposed Development Agreement
Amendment No. 1** August 19, 2023 1 year August 19, 2024 * Each filing of a tentative tract map extension, whether approved or denied, provides an automatic 60-day time extension pursuant to Government Code Section 66452.6(e). ** Given that a Development Agreement Amendment Application was submitted prior to the original Development Agreement expiration, the map shall automatically be extended until the application is approved, conditionally approved, or denied pursuant to Government Code Section 66452.6(e).
Discussion:
Purpose of Development Agreement
A Development Agreement (DA) is a negotiated contract between the developer and the City that sets forth the responsibilities and obligations of each party. DAs offer developer’s substantial assurance that their project can be completed “in accordance with existing policies, rules and regulations, and subject to conditions of approval” (Gov’t Code Section 65864(b)) for a defined time frame. It is not uncommon for developers of master planned communities (Specific Plans or Planned Unit Developments) to seek the approval of a DA, given the potential lack of certainty without a DA could result in a waste of resources, escalate cost, and discourage investment in these types of comprehensive planning projects.
The previous DA for the subject project was approved for a period of one-year to allow the recordation of the associated final maps; however, the developer has encountered unforeseen final engineering difficulties due to the site’s elevation and location of the sewer within Stoddard Wells Road. Therefore, the developer has proposed an amendment to the original DA to allow for an additional one-year time extension (two years total), which is permitted by Section 16-3.19.040 of the Victorville Municipal Code (V.M.C.) provided the amendment is adopted in the same manner as the original DA. 3 2
4 7
Required Findings
In accordance with the Section 16-3.19.030(a) of the V.M.C., the Planning Commission found that the subject proposal:
(1) Is consistent with the objectives, policies, general land uses and programs specified in the General Plan and any applicable specific plan;
(2) Is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the real property is located; (3) Is in conformity with public convenience, general welfare and good land use practice; (4) Will not be detrimental to the health, safety and general welfare; and (5) Will not adversely affect the orderly development of property.
Inasmuch as the above findings are required by the V.M.C., the Planning Commission made the noted findings based upon consistency with the applicable components of the General Plan (e.g. Land Use Element), compliance with the development standards outlined in the underlying Planned Unit Development (PUD-09-001), preservation of entitlements for a residential project, and the limited scope of the DA Amendment request (additional 1-year time extension).
Therefore, at the recommendation of the Planning Commission in accordance with Section 16-3.19.030(a) of the V.M.C., the subject DA Amendment is presented for approval by the City Council, which requires the adoption of Ordinance No. 2442 pursuant to Section 16-3.19.030(b) of the V.M.C.
Attachments: A. Ordinance No. 2442 (Draft Development Agreement Amendment) B. Tentative Tract Map No. 14525
C. Existing Development Agreement
D. Background Information from Planning Commission's July 12, 2023, Meeting - Executive Summary, Excerpt Minutes, & Staff Report
E. Aerial Image
CITY COUNCIL
ATTACHMENT A
Ordinance No. 2442
Draft Development
Agreement Amendment
ORDINANCE NO. 2442
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VIC TORVILLE
APPROVING A DEVELOPMENT AGREEMENT AMENDMENT TO UPDATE THE
TERM OF THE EXISTING AGREEMENT AND ALLOW FOR AN ADDITIONAL ONE- YEAR EXTENSION OF TIME FOR TENTATIVE TRACT MAP 14525, A 319-LOT
SINGLE FAMILY RESIDENTIAL SUBDIVISION THAT WAS PREV IOUSLY
APPROVED AND ENVIRONMENTALLY ASSESSED ON PROPERTY LOCATED
WEST OF AND ABUTTING STODDARD WELLS ROAD, SOUTH OF INTERSTATE 15, AND APPROXIMATELY 2000 FEET NORTH OF D STREET
WHEREAS, pursuant to Section 16.3.19.020 of the Victorville Municipal Code, SLPR, LLC, has initiated an amendment to an existin g development agreement by and between the City of Victorville and SLPR, LLC regarding property in the City of Victorville, County of San Bernardino, State of California, particularly described as follows:
A PORTION OF THE WEST ½ OF SECTION 3, TOWNSHIP 5 NORTH, RANGE 4 WEST,
SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA; AND PARCEL 1 OF PARCEL MAP 158 83 FILED IN THE
OFFICE OF THE RECORDER OF THE COUNTY OF SAN BERNARD INO, STATE OF CALIFORNIA PER MAP RECORDED IN BOOK 197, PAGES 32 T HROUGH 39 OF PARCEL MAPS; and
WHEREAS, SLPR LLC is the owner of property within a Planned Unit Development (PUD-09-001) with an approved single family tentative tract map (Tentative Tract Map No. 14525) which has received the maximum 6 years of ex tensions afforded by California Government Code Section 66452.6(e); and
WHEREAS, the City of Victorville and the SLPR, LLC entered into a development agreement in accordance with California Government Code Section 65865, which was memorialized by the adoption of Ordinance No. 2430 and extended the expiration date of Tentative Tract Map No. 14525 until August 19, 2023; and
WHEREAS, SLPR, LLC has demonstrated good faith compliance with the terms of the existing development agreement pursuant to Cali fornia Government Code Section 65865.1 by pursuing recordation of final maps; howe ver, the developer has encountered unforeseen final engineering difficulties due to the site’s elevation and location of the sewer within Stoddard Wells Road; and
WHEREAS, SLPR LLC is actively seeking to record the remaini ng phases of Tentative Tract Map No. 14525 before said tentative map expires on August 19, 2023, but will need additional time to timely file and record the necessary maps and improvement plans to ensure all phases are recorded given the site’s unique location, elevation, and existing utilities facilities; and
WHEREAS, California Government Code Section 66452.6(a)(1) a llows for a tentative map on property subject to a development agreement to be extended for the term of such agreement, which includes any amendments thereto; and
WHEREAS, Pursuant to Title 7, Chapter 4 of the Government C ode of the State of California, a Public Hearing was held on the 12 th day of July 2023, to hear arguments for and against the issue, and after hearing all te stimony offered, the Planning Commission adopted Resolution P-23-013, which recom mended to the City Council the approval of the Development Agreement Amendment; and
WHEREAS, the Planning Commission found, and the City Counci l concurs and finds that a lack of certainty in the approval of development projects can result in a waste of resources, escalate the cost of residential and planned unit developments, and discourage investment in, and commitment to, comprehensive planning; and
WHEREAS, the Planning Commission found, and the City Counci l concurs and finds that granting the proposed Development Agree ment Amendment for an additional one year term will increase certainty by allowing SLPR, LLC additional time to record the final subdivision maps for the project in accordanc e with the City’s existing policies and rules and regulations, subject to the conditions co ntained within the Development Agreement and this amendment, thereby streamlining the public planning process, encouraging private participation in comprehensive planning, and reducing the economic cost of development; and
WHEREAS, the Planning Commission found, and the City Counci l concurs and finds a public benefit in preserving the entitlemen ts of tentative maps for future housing projects as a means to maintain a supply of available housing projects during California’s period of housing shortage; and
WHEREAS, the Planning Commission found, and the City Counci l concurs and finds a public benefit in preserving the investment SLPR, LLC has made in the design of the public facilities within the subject tract map, such as drainage facilities, park sites, recreational amenities, and improvement of a master planned roadway; and
WHEREAS, the Planning Commission found, and the City Counci l concurs and finds the proposed Development Agreement Amendment to be consistent with the objectives, polices, general land uses and programs specified in the City’s General Plan by meeting the intent of Objective C as well as Policies LU-C.1 and LU-C.2 of the Land Use Element of the General Plan inasmuch as they are intended to: accommodate a range of housing opportunities that allow people of all ages, socio-economic status, family size, and abilities to live in Victorville; and, encourage th e development of a variety of residential development types and densities, which this Develop ment Agreement will help in accomplishing; and
WHEREAS, the Planning Commission found, and the City Counci l concurs and finds that the project is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the real property is located given that the Development Agreement Amendment and the tentative tract map it extends are consistent with the underlying PUD-09-001 and because the Deve lopment Agreement Amendment does not authorize uses or development outside of w hat is prescribed within the PUD or Municipal Code; and
WHEREAS, the Planning Commission found, and the City Counci l concurs and finds that the proposed Development Agreement Amendment is in conformity with public convenience, general welfare and good land use prac tice since the Development
Agreement Amendment would provide a public benefit by preserving the entitlements of a residential project as a means to maintain a supply of available housing projects during California’s period of housing shortage; and
WHEREAS, the Planning Commission found, and the City Counci l concurs and finds that the proposed Development Agreement Amendment will not be detrimental to the health, safety and general welfare since the Development Agreement Amendment provides vested rights for only an additional one year period and the associated PUD and tentative tract map have already been approved by the City and were found not to be detrimental to the health, safety and general welfare of the public; and
WHEREAS, the Planning Commission found, and the City Counci l concurs and finds that the proposed Development Agreement Amendment will not adversely affect the orderly development of property since the Developme nt Agreement will be providing vesting rights for a PUD and associated tentative tract map that comply with the General Plan, Municipal Code, and underlying PUD standards; and
WHEREAS, the Planning Commission found, and the City Counci l concurs and finds that the development components of the project have been previously assessed per the Mitigated Negative Declaration approved with Tentative Tract Map No. 14525, which currently allows for the 319 single family lot subdivision.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF VIC TORVILLE DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Development Agreement Amendment Case No. PLAN23-000 13 between the City of Victorville and SLPR LLC, A, Arizona Limited Liability Company, as specified in the enclosed Development Agreement Amendment, is hereby approved.
RECORDING REQUESTED BY
CITY OF VICTORVILLE
(Exempt from Recording Fees
Pursuant to Government Code Section 27383)
AND WHEN RECORDED MAIL TO:
CITY CLERK
City of Victorville
14343 Civic Drive
P.O. Box 5001
Victorville, CA 92393-5001
SPACE ABOVE THIS LINE FOR RECORDERS USE
AMENDMENT NO. 1 TO
DEVELOPMENT AGREEMENT
BY AND BETWEEN
CITY OF VICTORVILLE
AND
SLPR, L.L.C., AN ARIZONA LIMITED LIABILITY COMPANY
IN CONNECTION WITH TENTATIVE TRACT MAP
14525, A 319 LOT SINGLE FAMILY RESIDENTIAL SUBDIVISION THAT WAS
PREVIOUSLY APPROVED AND ENVIRONMENTALLY ASSESSED
THIS FIRST AMENDMENT TO DEVELOPMENT AGREEMENT
(“ Amendment No. 1 ”) is dated for reference purposes as of September 5, 2023, and is being entered into by and between the CITY O F VICTORVILLE, a California municipal corporation and Charter City ( " City ") and SLPR LLC, an Arizona limited liability company (" Developer "), pursuant to the authority of California Government Code Sections 65864 through 6 5869.5 and the procedures set forth in the Victorville Municipal C ode (“ VMC ”). City and Developer are sometimes referred to hereinafter ind ividually as a “ Party ” and collectively as the “ Parties ”.
RECITALS
WHEREAS , Developer is the owner of that certain real prope rty known as Assessor's Parcel Number(s) 0473-163-06 AND 0473-18 1-27), located within the City of Victorville, as more particularly described in Exhibit "A", attached hereto and incorporated by this reference (the " Property "); and
WHEREAS , following duly noticed public hearings held by bo th the City’s Planning Commission and the Victorville City Counci l (“ City Council ”) and the adoption of Ordinance No. 2430 by the City Council on July 19, 2022, City and Developer entered into that certain Development Agr eement recorded in the Official Records of San Bernardino County on Januar y 27, 2023, as document number 2023-0020097 (the " Agreement "), attached hereto as Exhibit “B”. All capitalized terms used and not otherwise defined in this Amendment No. 1 shall have the meanings given to them in the Agreement; and
WHEREAS , the Agreement had a Term of one year in order to extend the expiration date of Tentative Tract Map No. 14525. Pursuant to Section 2.04 of the Agreement, said Term could be modified or exten ded by mutual consent of the Parties. Any extension of the Term must comply with the provisions of Section 7 of the Agreement, including further publi c hearings before the Planning Commission and the City Council. If no action is t aken, the Agreement and Tentative Tract Map No. 14525 will expire on August 19, 2023; and
WHEREAS , on June 2, 2023, Developer submitted an applicati on to extend the Term of the Agreement from one year to two years; and
WHEREAS , based on unforeseen challenges with final enginee ring of the project given the site’s elevation and the location of existing utility connections, as well as the significant progress Developer has m ade toward actively pursuing the recordation of all remaining phases of Tentativ e Tract Map No. 14525, including the submittal to City of any required imp rovement plans prior to the expiration of the Term as necessary for development of the Project, pursuant to Section 6.02 of the Agreement, and in exchange for Developer’s agreement to
conform the Project with the City’s new CFD require ments as specified in this Amendment No. 1, the City is willing to grant Devel oper a one year extension of the Term of the Agreement; and
WHEREAS, on July 12, 2023, the Planning Commission held a d uly- noticed public hearing on this Amendment No. 1 and considered the testimony and information submitted by City staff, Developer, and members of the public.
Consistent with the applicable provisions of CEQA, the Development Agreement Statute, Article 19, and all other laws and regulat ions, the Planning Commission adopted Resolution No. P-23-013, recommending the C ity Council approve this Amendment No. 1; and
WHEREAS , on August 15, 2023, the City Council held a duly- noticed public hearing on this Amendment No. 1; considered the testimony and information submitted by City staff, Developer, the Planning Commission, and members of the public; and introduced Ordinance No. 2442 for first reading. On September 5, 2023, consistent with the applicable p rovisions of CEQA, the Development Agreement Statute, Article 19, and all other laws and regulations, the City Council held the second reading and adopte d Ordinance No. 2442 approving this Amendment No. 1 to the Agreement.
NOW, THEREFORE , pursuant to the authority of California Governmen t Code Sections 65864 through 65869.5 and the procedu res set forth in the VMC, and in consideration of the mutual covenants and pr omises of the Parties herein contained, the Parties agree as follows:
AGREEMENT
A. AMENDMENT OF SUBSECTION 2.04 . Subsection 2.04 of the Agreement is hereby amended in its entirety to read as follows:
2.04 Term . The term of this Agreement shall commence upon the Effective Date and terminate two (2) years ther eafter (the “Term”), unless said Term is otherwise terminated, modified, or extended by mutual consent of the Parties. Any modification or extensi on of the Term must comply with the provisions of Section 7 of this Agr eement. The Parties agree that the Term of this Agreement is necessary in order to permit the orderly and planned development of the Project. Sh ould any legal action be filed challenging any of the Development Approva ls, the Term of this Agreement shall be tolled during the period of any such litigation. Pursuant to California Government Code Section 66452.6(a), t he expiration date of Tentative Tract Map No. 14525 shall automatically b e extended for the Term of this Agreement.
B. AMENDMENT OF SUBSECTION 2.05 . Subsection 2.05 of the Agreement is hereby amended in its entirety to read as follows:
2.05 Expiration of Term. Following the expiration of said Term, this Agreement shall be deemed terminated and shall be of no further force and effect without the need of further documentation from the Parties hereto. The foregoing notwithstanding, termination of this Agreement as to the Developer of the Property or any portion the reof shall not affect any of the Developer's obligations to comply with the G eneral Plan and the terms and conditions of any applicable zoning, or s ubdivision map or other land use entitlements approved with respect to the Property, any other covenants, or any other obligations that are specif ically set forth as surviving the termination or expiration of the Agreement.
C. ADDITION OF NEW SUBSECTION 6.03 . A new Subsection 6.03 is added to the Agreement, to read as follows:
6.03 CFD Obligation. The Project is required to mitigate its ongoing economic impacts that require the provision of additional municipal services. To mitigate ongoing economic im pacts created by new development, the City is preparing to form a Commun ity Facilities District (“ CFD ”) to fund the ongoing costs of City services permi tted by the CFD, including such services as public safety, street/si dewalk maintenance, and other eligible service impacts. Once formed, the C ity CFD will have established a uniform, standardized City-wide rate structure that will apply to new developments. If the City forms said CFD pr ior to the recordation of a final map or issuance of a building permit for the Project, the Developer shall annex the Property into the CFD or shall establish a funding mechanism to provide an ongoing source of f unds for the additional services comparable to the uniform stand ardized City-wide rate established in the CFD Resolution and associated Fi nancial Impact Analysis report. This Developer obligation shall survive any expiration or termination of this Agreement, unless the recordation of the final map associated with this Agreement doe s not occur as a result of extension provided by this Agreement .
D. AMENDMENT OF SECTION 18. Section 18 of the Agreement is hereby amended in its entirety to read as follows:
18 Notices. All notices under this Agreement shall be in writing and shall be deemed delivered when personal ly received by the addressee, or within three (3) calendar days after deposit in the United States mail by registered or certified mail, postag e prepaid, return receipt requested, to the following parties and their couns el at the addresses indicated below; provided, however, if any Party to this Agreement delivers a notice or causes a notice to be delivere d to any other Party to
this Agreement, a duplicate of that Notice shall be concurrently delivered to each other Party and its respective counsel.
To City: City of Victorville
Attention: City Manager
14343 Civic Drive
P.O. Box 5001
Victorville, California 92393-5001
With a copy to: Green de Bortnowsky, LLP
Attention: City Attorney
30077 Agoura Court, Suite 210
Agoura Hills, CA 91301
To Developer: SLPR, L.L.C.
Attn: Annette Beus
701 N. 44
th Street
Phoenix, AZ 85008
With a copy to: Beus Gilbert McGroder PLLC
Attn: Patrick E. Sovereign
701 N. 44 th Street
Phoenix, AZ 85008
Notice given in any other manner shall be effective when received by the addressee. The addresses for notices may be changed by notice given in accordance with this provision.
E. FULL FORCE AND EFFECT . Except as modified by this Amendment No. 1, the entire Agreement, its exhibits, and the exhibit s attached hereto, are incorporated herein to this Amendment No. 1, and sh all remain in full force and effect.
F. RECITALS . The Recitals set forth above are true and correc t and incorporated herein by reference.
G. RECORDATION . The City Clerk shall record this Amendment No. 1 in the Office of the County Recorder of the County of San Bernardino within the period required by the Development Agreement Statut e and Article 19. The date of this Amendment No. 1 and the date of record ation of this Amendment No. 1 shall not modify or amend the Effective Date of the Agreement.
H. AMENDMENT EFFECTIVE DATE . This Amendment No. 1 shall become effective thirty days following the adoption of Ord inance No. 2442 by the City
Council and subsequent signature by the Mayor (the “ Amendment Effective Date ”).
[The remainder of this page intentionally left blank]
IN WITNESS WHEREOF , the Parties hereto have caused this Amendment No. 1 to the Development Agreement to be executed as of the dates written below.
CITY OF VICTORVILLE
SLPR, L.L.C., an Arizona limited
liability company
By: Paxton, Inc., an Arizona corporation
Its: Manager
By: ______________________
Debra Jones, Mayor
Date: ______________________
By: ___
Patrick E. Sovereign
Its: Vice President
Date: ___
ATTEST:
By: _________________________
Jennifer Thompson, City Clerk
Date: _______________________
APPROVED AS TO FORM:
By: _______________________________
Andre de Bortnowsky, City Attorney
RISK MANAGEMENT
By: ________________________________
Sandra Bostick, Risk Manager
[SIGNATURES MUST BE NOTARIZED]
EXHIBIT “A”
PROPERTY LEGAL DESCRIPTION
That certain real property located in the City of V ictorville, County of San Bernardino, State of California, described as follows:
PARCEL 1: (APN: 0473-163-06-0-000)
THAT PORTION OF THE WEST ½ OF SECTION 3, TOWNSHIP 5 NORTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY
OF SAN BERNARDINO, STATE OF CALIFORNIA, ACCORDING T O THE
OFFICIAL PLAT OF SAID LAND, APPROVED BY THE SURVEYO R GENERAL, DATED MARCH 19, 1856, DESCRIBED AS FOLLOWS:
COMMENCING AT THE MOST SOUTHERLY CORNER OF LOT 11, TRACT NO. 3213, AS PER PLAT RECORDED IN BOOK 42 OF MAPS, PAGE 96, RECORDS OF SAID COUNTY; THENCE SOUTH 54° 03' 54" EAST, BASED ON
THE BEARING OF THE CENTER LINE OF IMPROVEMENT OF ST ATE HIGHWAY 15 (SAID BEARING ALSO SHOWN AS SOUTH 53° 18 ' 53" EAST, ON MAP OF SAID TRACT NO. 3213, AND AS SOUTH 54° 25' 35" EAST IN
THE DEED TO THE COUNTY OF SAN BERNARDINO, RECORDED IN BOOK 7459, PAGE 670, OFFICIAL RECORDS), FOR A DISTANCE O F 41.97; THENCE NORTH 89° 40' 45" EAST, 53.23 FEET TO THE WE STERLY RIGHT- OF-WAY LINE OF STODDARD WELLS ROAD, 100 FEET WIDE, AS
CONVEYED TO THE COUNTY OF SAN BERNARDINO BY EASEMEN T
RECORDED APRIL 22, 1968 IN BOOK 7013, PAGE 206, OFF ICIAL RECORDS,
SAID POINT BEING ON A NON-TANGENT CURVE CONCAVE TO THE EAST AND HAVING A RADIUS OF 1850 FEET, THE RADIAL FROM S AID POINT BEARS NORTH 80° 40' 42" EAST; THENCE SOUTHERLY ALON G SAID CURVE THROUGH A CENTRAL ANGLE OF 6° 58' 17", FOR A DISTANCE OF 225.10 FEET TO THE TRUE POINT OF BEGINNING, SAID PO INT BEING A
NON-TANGENT CURVE CONCAVE NORTHEASTERLY WITH A RADI US OF 70 FEET, THE RADIAL FROM SAID POINT BEARS NORTH 4° 13' 27" WEST;
THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CEN TRAL ANGLE OF 80° 32' 26", FOR A DISTANCE OF 98.40 FEET TO THE END OF SAID CURVE; THENCE NORTH 13° 43' 01" WEST, 29.53 FE ET; THENCE SOUTH 49° 12' 49" WEST, 1078.05 FEET; THENCE NORTH 40° 25' 01" WEST,
65.00 FEET; THENCE NORTH 39° 44' 35" WEST, 120.25 F EET; THENCE NORTH 55° 42' 38" WEST, 243.40 FEET; THENCE NORTH 4 3° 20' 15" WEST, 154.00 FEET TO THE SOUTHEASTERLY RIGHT OF WAY LINE OF THE
STATE HIGHWAY CONVEYED TO THE STATE OF CALIFORNIA B Y DEED RECORDED DECEMBER 19, 1955 IN BOOK 3813, PAGE 526, OFFICIAL RECORDS; THENCE SOUTH 53° 01' 11" WEST ALONG SAID S OUTHERLY RIGHT-OF-WAY LINE TO THE WESTERLY LINE OF SAID SECT ION 3;
THENCE SOUTHERLY ALONG SAID WESTERLY LINE TO THE SO UTHWEST
CORNER OF SAID SECTION 3; THENCE NORTH 89° 01' 31" EAST ALONG THE SOUTH LINE OF SAID SECTION 3, A DISTANCE OF 231 8.11 FEET TO A
POINT IN THE CENTER LINE OF STODDARD WELLS ROAD, SA ID POINT
BEING A POINT ON A NON-TANGENT CURVE CONCAVE TO THE
NORTHEAST, HAVING A RADIUS OF 1800 FEET, THE LONG C HORD OF SAID NON-TANGENT CURVE BEARS NORTH 13° 25' 45" WEST , A DISTANCE OF 463.82 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 14° 48' 03", AN AR C DISTANCE OF 464.98 FEET (DEED RECORD 14° 48' 17", A DISTANCE OF 465.10 FEET); THENCE NORTH 5° 39' 56" WEST, 1062.18 FEET (DEED RE CORD NORTH 6° 01' 37" WEST, 1061.72 FEET) TO THE BEGINNING OF A T ANGENT CURVE CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 1800 F EET;
THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CEN TRAL ANGLE OF 11° 05' 57", A DISTANCE OF 348.69 FEET; TH ENCE NORTH 16° 45' 53" WEST, 406.58 FEET (DEED RECORD NORTH 17° 07 ' 33" WEST, 406.08 FEET) TO THE BEGINNING OF A TANGENT CURVE CO NCAVE TO THE EAST, HAVING A RADIUS OF 1800 FEET; THENCE NORT HERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 0° 26' 18", AN ARC DISTANCE OF 15.23 FEET; THENCE LEAVING SAID CENTER LINE OF SAID STODDARD WELLS ROAD, 100 FEET WIDE, ON A RADIAL BEA RING OF SOUTH 73° 42' 25" WEST, FOR A DISTANCE OF 50 FEET T O A POINT ON
THE WESTERLY RIGHT-OF-WAY LINE OF ABOVE SAID STODDA RD WELLS ROAD, SAID POINT BEING THE TRUE POINT OF BEGINNING.
EXCEPTING THE WESTERLY 50 FEET OF THE ABOVE SAID ST ODDARD WELLS ROAD, 100 FEET WIDE, AS RESERVED BY HAZLETT E . ANDERSON AND ORTRUD CECELIA ANDERSON IN DEED RECORDED IN BOO K 7759, PAGE 56, OFFICIAL RECORDS.
ALSO EXCEPTING THAT PORTION OF THE WEST ½ OF SAID S ECTION 3, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTH LINE OF SECTION 3 WHICH IS 370 FEET EAST OF THE SOUTHWEST CORNER THEREOF; THENCE
NORTHWESTERLY IN A STRAIGHT LINE TO A POINT ON THE WEST LINE
OF SAID SECTION WHERE SAID STRAIGHT LINE WOULD INTE RSECT THE SAME EXACTLY 1600 FEET FROM THE POINT OF BEGINNING; THENCE SOUTH TO THE SOUTHWEST CORNER OF SAID SECTION; THEN CE EAST 370 FEET TO THE POINT OF BEGINNING.
PARCEL 2: (APN: 0473-181-27-0-000)
PARCEL 1 AS SHOWN ON THAT CERTAIN PARCEL MAP NO. 15883 FILED IN
THE OFFICE OF THE RECORDER OF THE COUNTY OF SAN BER NARDINO, STATE OF CALIFORNIA ON NOVEMBER 14, 2002, IN BOOK 1 97 OF MAPS PAGES 32-39
EXHIBIT “B”
EXISTING DEVELOPMENT AGREEMENT
CITY COUNCIL
ATTACHMENT B
Tentative Tract Map No. 14525
CITY COUNCIL
ATTACHMENT C
Existing Development Agreement
CITY COUNCIL
ATTACHMENT D
Planning Commission
Background Information
EXECUTIVE SUMMARY
PLAN23-00013
PROJECT DESCRIPTION: A Development Agreement Amend ment to update the term of the existing agreement and allow for an addition al one-year extension of time for Tentative Tract Map 14525, a 319-lot single family residential subdivision that was previously approved and environmentally assessed on property located west of and abutting Stoddard Wells Road, south of Interstate 15, and approximately 2000 feet north of D Street.
APPLICANT: SLPR, LLC
PLANNING COMMISSION PUBLIC HEARING DATES: July 12 , 2023
SUMMARY FOR JULY 12, 2023 PLANNING COMMISSION MEETING
NUMBER OF PEOPLE WHO COMMENTED: 0
NUMBER OF PEOPLE SPEAKING IN FAVOR: 0
NUMBER OF PEOPLE SPEAKING OPPOSED: 0
NUMBER OF WRITTEN COMMENTS IN FAVOR: 0
NUMBER OF WRITTEN COMMENTS OPPOSED: 0
STAFF RECOMMENDATION: Recommend City Council A pproval
PLANNING COMMISSION ACTION: Recommended City Co uncil Approval
PLANNING COMMISSION VOTE: Marsh Aye
Mesen Aye
Thomas Aye
Cook-Askins Jr. Absent
Kurth Absent
rh
Excerpt from the July 12, 2023 Regular Planning Commission Meeting
PLAN23-00013 – City of Victorville
2. A Development Agreement Amendment to update the ter m of the existing agreement and allow for an additional one-year extension of time for Tentative Tract Map 14525, a 319- lot single family residential subdivision that was previously approved and environmentally assessed on property l ocated west of and abutting Stoddard Wells Road, south of Interstate 15, and approximately 2000 feet north of D Street
Location:
West of and abutting Stoddard Wells Road, south of Interstate 15, and approximately 2000 feet north of D Street.
Recommendation:
Staff recommends that the Planning Commission conduct a public hearing, receive testimony regarding the proposed project and take the following actions:
1. Environmental Assessment –
Find the project previously assessed for
environmental purposes; and
2. Development Agreement (DA) – Adopt Resolution No. P-23- 013,
recommending City Council approval of the Deve lopment Agreement Amendment Case No. PLAN23-00013.
Commissioner Thomas opened the public hearing.
Speakers:
None.
Commissioner Thomas closed the public hearing.
Motion was made to approve staff recommendations.
Moved: Commissioner Marsh
Seconded: Commissioner Mesen
Motion passed 3-0
Ayes: Commissioner Marsh, Commissioner Mesen, Commissioner Thomas
Absent: Chairman Kurth, Vice Chair Cook -Askins, Jr.
Item Number: 2
Planning Commission
PUBLIC HEARINGS
Meeting of: July 12, 2023
Submitted By:
Alex Jauregui, Assistant City Planner
Case:
PLAN23-00013
Subject:
A Development Agreement Amendment to update the term of the existing agreement and allow for an additional one-year extension of time for Tentative Tract Map 14525, a 319- lot single family residential subdivision that was previously approved and environmentally assessed on property located west of and abutting Stoddard Wells Road, south of Interstate 15, and approximately 2000 feet north of D Street.
Applicant:
SLPR, LLC
Location:
West of and abutting Stoddard Wells Road, south of Interstate 15, and approximately 2000 feet north of D Street.
Recommendation:
Staff recommends that the Planning Commission conduct a public hearing, receive testimony regarding the proposed project and take the following actions:
1. Environmental Assessment – Find the project previously assessed for environmental purposes; and
2. Development Agreement (DA) - Adopt Resolution No. P-23-013, recommending City Council approval of the Development Agreement Amendment Case No. PLAN23-00013.
Summary:
SLPR, LLC, the owner of an approved 319-lot single family tentative tract map (Attachment B), is requesting an amendment to a previously executed Development Agreement (DA) with the City of Victorville in order to extend the life of the tentative map 11 3
2 0
5 for an additional one year period (two years total) while the owner continues to seek the recordation of all phases of the subject map, which has been delayed due to unforeseen difficulties in final engineering given the site’s elevation and location of existing sewer at Stoddard Wells Road. This map has previously received the maximum 6 years of extensions afforded by California Government Code Section 66452.6(e), 4 additional years of extensions via California Assembly Bills 208 & 116, as well as a one year time extension pursuant to the existing DA on the property and currently set to expire on August 19, 2023. Section (a) of California Government Code Section 66452.6 allows for a tentative map on property subject to a DA to be extended beyond the 6 year period for the term specified in such agreement or amendment thereto. The general use of a DA grants a developer the vested rights to proceed with the existing land use ordinances and development approvals in effect at the time the DA is executed for the term of the DA or amended DA. The additional one year term of this proposed DA amendment will allow SLPR, LLC the time needed to timely file and record the maps and improvement plans inasmuch as they are actively in plan check and have largely addressed the final engineering challenges.
Discussion/Analysis:
• Existing Project Entitlements
The subject map received its last Planning Commission tentative tract map approvals in September 2019, which approved a final administrative 3-year time extension to the tentative map that was originally approved in 2009. This entitlement of the map allows for a 319-lot single family residential development on approximately 80 acres within a Planned Unit Development (PUD). The map is split into seven phases as depicted in the approved tentative map (Attachment B) and thus far none of the proposed phases have been recorded, although work is ongoing to complete the recordation process.
The map is located within undeveloped PUD-09-001, which was originally approved in 2007 and updated in 2016 to allow for single family residential lots not less than 5,000 square feet in size. Additionally, the subject PUD includes requirements for additional amenities (e.g. clubhouse, swimming pool) and updated development standards that will provide a unique and alternative single-family residential subdivision that is superior to typical residential subdivisions. Although the site has been previously disturbed from agricultural uses on-site, the location is currently vacant and unused.
In addition to the six total years of administrative tentative tract map time extensions approved by the City pursuant to by California Government Code Section 66452.6(e) and the four years of time extensions granted by the State Legislature, the project also received a one year extension as a result of a Development Agreement approved by Ordinance No. 2430 (Attachment C). The following table below provides a timeline of the map’s history of administrative time extensions, legislative time extensions, as well as the extension provided by the existing Development Agreement:
12 3
2 0
5 TRACT 14525 EXPIRATION INFORMATION
Activity Effective Date Extension
Period
Expiration Date
PLN07-00123 Original Approval July 7, 2009 N/A July 7, 2012 CA Assembly Bill 208 July 7, 2012 2 years July 7, 2014
CA Assembly Bill 116 July 7, 2014 2 years July 7, 2016
3-Year Time Extension
(Case No. PLN16-00010) July 7, 2016 3 years July 7, 2019 3-Year Time Extension
(Case No. PLAN19-00024) July 7, 2019 3 years July 7, 2022 Time Extension Application*
(Case No. PLAN22-00019) July 7, 2022 60 days September 5, 2022 Development Agreement
(Ordinance No. 2430) August 19, 2022 1 year August 19, 2023** Proposed Development
Agreement Amendment No. 1** August 19, 2023 1 year August 19, 2024 * Each filing of a tentative tract map extension, whether approved or denied, provides an automatic 60-day time extension pursuant to Government Code Section 66452.6(e). ** Given that a Development Agreement Amendment Application was submitted prior to the original Development Agreement expiration, the map shall automatically be extended until the application is approved, conditionally approved, or denied pursuant to Government Code Section 66452.6(e).
• Development Agreements
A Development Agreement (DA) is a negotiated contract between the developer and the City that sets forth the responsibilities and obligations of each party. DAs offer developer’s substantial assurance that their project can be completed “in accordance with existing policies, rules and regulations, and subject to conditions of approval” (Gov’t Code Section 65864(b)) for a defined time frame. It is not uncommon for developers of master planned communities (Specific Plans or Planned Unit Developments) to seek the approval of a DA, given the potential lack of certainty without a DA could result in a waste of resources, escalate cost, and discourage investment in these types of comprehensive planning projects.
The previous DA for the subject project was approved for a period of one-year to allow the recordation of the associated final maps; however, the developer has encountered unforeseen final engineering difficulties due to the site’s elevation and location of the sewer within Stoddard Wells Road. Therefore, the developer has proposed an amendment to the original DA to allow for an additional one-year time extension (two years total), which is permitted by Section 16-3.19.040 of the Development Code provided the amendment is adopted in the same manner as the original DA. • General Plan and Zoning Compliance
Pursuant to Section 16-3.19.020(f) of the Development Code, City staff shall provide in the report to the Planning Commission whether or not the agreement proposed would be consistent with the General Plan. Since the DA is associated with an already approved tentative tract map that conforms to the General Plan and all applicable PUD and Municipal Code Standards, and because the DA does not authorize development 13 3
2 0
5 above or beyond the existing development standards and approvals, Staff finds the proposed PUD to be consistent with the City’s General Plan. • Required Findings
Development Agreements, including amendments, are required to make specific findings pursuant to Section 16-3.19.030(a) of the Development Code, entitled “Standards of review, findings and decision”. The Planning Commission’s recommendation to the City Council is also required include the Commission’s determination as to whether or not the development agreement proposed meets all of the following findings:
(If the Commission chooses to recommend approval, general supportive comments are included after each finding to be used as a guide. In contrast, if the Commission does not support the proposal based on a failure to meet one or more of the following findings, the Commission should state the reason(s) during the public hearing.) VMC Sec. 16-3.19.030(a)
(1) Is consistent with the objectives, policies, general land uses and programs specified in the general plan and any applicable specific plan; Comment: The development components of the DA are associated with a PUD that has been previously approved and thus has been found to be consistent with all applicable components of the General Plan.
Specifically, the DA and underlying PUD are consistent with Objective C of the Land Use Element of the General Plan to “Accommodate a range of housing opportunities that allow people of all ages, socio- economic status, family size, and abilities to live in Victorville” as associated Policies LU-C.1 and LU-C.2, which encourage a variety of residential development types and densities.
(2) Is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the real property is located; Comment: The DA Amendment will vest the rights contained within the residential PUD and existing development approvals for an additional 1 year period. The DA does not authorize uses or development outside of what is prescribed within the PUD or Municipal Code; therefore, the DA is compatible with all current land use regulations. (3) Is in conformity with public convenience, general welfare and good land use practice;
Comment: The DA would provide a public benefit by preserving the entitlements of a residential project as a means to maintain a supply of available housing projects during California’s period of housing shortage. 14 3
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5 (4) Will not be detrimental to the health, safety and general welfare; and Comment: The DA Amendment provides vested rights for an additional one year period. The associated PUD and tentative tract map have already been approved by the City and were found not to be detrimental to the health, safety and general welfare of the public.
(5) Will not adversely affect the orderly development of property.
Comment: The DA Amendment will be providing vesting rights for a PUD and associated tentative tract map that comply with the General Plan; therefore, there shall not be any adverse effect on the orderly development of the City by approving this DA Amendment.
Environmental Assessment.
• A Mitigated Negative Declaration was previously prepared for the project in accordance with Section 15070 of the California Environmental Quality Act (CEQA).
The proposed Development Agreement does not substantially change or modify the project nor authorize future project expansions above and beyond those entitled in prior cases and Staff therefore finds that the existing Mitigated Declaration is adequate as adopted with no further mitigation necessary.
Site Characteristics:
Existing Land Use General Plan Zoning Specific Plan
Site Vacant Low Medium
Density Residential PUD-09-001 NA
North RV park / Campground Commercial C-2 NA
South Mobile Home Park Medium Density
Residential R-3 NA
East Vacant / Single-family
residences
Very Low
Density Residential R-1TB½* NA
West Mojave River Open Space FP NA
Number of Radius Letters Mailed: 19
Attachments: Attachment A – Resolution No. P-23-013
Attachment B – Approved Tentative Tract Map No. 14525
Attachment C – Ordinance No. 2430
Attachment D – Aerial Image
15 PLANNING COMMISSION
ATTACHMENT A
Resolution No. P-23-013
16
RESOLUTION NO. P-23-013
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF VICTORVILLE
RECOMMENDING TO THE CITY COUNCIL THE ADOPTION OF DEVELOPMENT AGREEMENT AMENDMENT CASE NO. PLAN23-00013 BETWEEN THE CITY OF
VICTORVILLE AND SLPR, LLC, A DEVELOPMENT AGREEMENT AMENDMENT TO
UPDATE THE TERM OF THE EXISTING AGREEMENT AND ALLOW FOR AN ADDITIONAL ONE-YEAR EXTENSION OF TIME FOR TENTATIVE TRACT MAP 14525, A 319-LOT SINGLE FAMILY RESIDENTIAL SUBDIVISION THAT WAS PREVIOUSLY
APPROVED AND ENVIRONMENTALLY ASSESSED ON PROPERTY LOCATED WEST OF AND ABUTTING STODDARD WELLS ROAD, SOUTH OF INTERSTATE 15, AND APPROXIMATELY 2000 FEET NORTH OF D STREET
WHEREAS, pursuant to Section 16-3.19.020 of the Victorville Municipal Code, SLPR, LLC has initiated an application for a development agreement amendment by and between the City of Victorville and SLPR, LLC regarding property in the City of Victorville, County of San Bernardino, State of California (the “Development Agreement”), particularly described as follows:
A PORTION OF THE WEST ½ OF SECTION 3, TOWNSHIP 5 NORTH, RANGE 4 WEST,
SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA; AND PARCEL 1 OF PARCEL MAP 15883 FILED IN THE
OFFICE OF THE RECORDER OF THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA PER MAP RECORDED IN BOOK 197, PAGES 32 THROUGH 39 OF
PARCEL MAPS
WHEREAS, SLPR, LLC is the owner of property within a Planned Unit Development (PUD-09-001) with an approved single family tentative tract map (Tentative Tract Map No. 14525) which has received the maximum 6 years of extensions afforded by California Government Code Section 66452.6(e); and
17 Resolution No. P-23-013 – PLAN23-00013 July 12, 2023
WHEREAS, SLPR, LLC and the City of Victorville previously entered into a development agreement pursuant to California Government Code Section 65865, which was memorialized by Ordinance No. 2430 and extended the expiration date of Tentative Tract Map No. 14525 until August 19, 2023; and
WHEREAS, SLPR, LLC is actively seeking to record the remaining phases of Tentative Tract Map No. 14525 before said tentative map expires on August 19, 2023, but will need additional time to timely file and record the necessary maps and improvement plans to ensure all phases are recorded given the site’s unique location, elevation, and existing utilities facilities; and
WHEREAS, California Government Code Section 65868 and Section 16-
3.19.040(a) of the Victorville Municipal Code allow for the amendment of a development agreement by mutual consent of the parties to the agreement; and WHEREAS, California Government Code Section 66452.6(a)(1) allows for a tentative map on property subject to a development agreement to be extended for the term of such agreement; and
WHEREAS, a duly noticed public hearing was held by the Planning Commission on the 12th day of July 2023, pursuant to Title 7, Chapter 4 of the Government Code of the State of California, to hear arguments for and against the adoption of the Development Agreement Amendment between the City of Victorville and SLPR, LLC; and WHEREAS, the Planning Commission finds that a lack of certainty in the approval of development projects can result in a waste of resources, escalate the cost of residential and planned unit developments, and discourage investment in, and commitment to, comprehensive planning; and
18 Resolution No. P-23-013 – PLAN23-00013 July 12, 2023
WHEREAS, the Planning Commission finds that granting the proposed Development Agreement Amendment for an additional one year term will increase certainty by allowing SLPR, LLC additional time to record the final subdivision maps for the project in accordance with the City’s existing policies and rules and regulations, subject to the conditions contained within the original Development Agreement and this amendment, thereby streamlining the public planning process, encouraging private participation in comprehensive planning, and reducing the economic cost of development; and WHEREAS, the Planning Commission finds a public benefit in preserving the entitlements of tentative maps for future housing projects as a means to maintain a supply of available housing projects during California’s period of housing shortage; and WHEREAS, the Planning Commission finds public benefit in preserving the investment SLPR, LLC has made in the design of the public facilities within the subject tract map, such as drainage facilities, park sites, recreational amenities, and improvement of a master planned roadway; and
WHEREAS, the Planning Commission finds the proposed Development Agreement to be consistent with the objectives, polices, general land uses and programs specified in the City’s General Plan by meeting the intent of Objective C as well as Policies LU-C.1 and LU-C.2 of the Land Use Element of the General Plan inasmuch as they are intended to: accommodate a range of housing opportunities that allow people of all ages, socio-economic status, family size, and abilities to live in Victorville; and, encourage the development of a variety of residential development types and densities, which this Development Agreement will help in accomplishing; and
19 Resolution No. P-23-013 – PLAN23-00013 July 12, 2023
WHEREAS, the Planning Commission finds the project to be compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the real property is located given that the Development Agreement Amendment and the tentative tract map it extends are consistent with the underlying PUD-09-001 and because the Development Agreement Amendment does not authorize uses or development outside of what is prescribed within the PUD or Municipal Code; and WHEREAS, the Planning Commission finds the proposed Development Agreement Amendment is in conformity with public convenience, general welfare and good land use practice since the Development Agreement Amendment would provide a public benefit by preserving the entitlements of a residential project as a means to maintain a supply of available housing projects during California’s period of housing shortage; and WHEREAS, the Planning Commission finds the proposed Development Agreement Amendment will not be detrimental to the health, safety and general welfare since the Development Agreement Amendment provides vested rights for only an additional one year period and the associated PUD and tentative tract map have already been approved by the City and were found not to be detrimental to the health, safety and general welfare of the public; and
WHEREAS, the Planning Commission finds the proposed Development Agreement Amendment will not adversely affect the orderly development of property since the Development Agreement provides vesting rights for a PUD and associated tentative tract map that comply with the General Plan, Municipal Code, and underlying PUD standards; and
20 Resolution No. P-23-013 – PLAN23-00013 July 12, 2023
WHEREAS, the Planning Commission finds that the development components of the project have been previously assessed per the Mitigated Negative Declaration approved with Tentative Tract Map No. 14525, which currently allows for the 319 single family lot subdivision.
NOW THEREFORE BE IT RESOLVED by the Planning Commission, pursuant to Sections 16-3.19.030 and 16-3.19.040 of the Victorville Municipal Code, that it recommends to the City Council that Development Agreement Amendment Case No.
PLAN23-00013 as specified in the enclosed draft Development Agreement Amendment, be approved.
21 RECORDING REQUESTED BY
CITY OF VICTORVILLE
(Exempt from Recording Fees
Pursuant to Government Code Section 27383)
AND WHEN RECORDED MAIL TO:
CITY CLERK
City of Victorville
14343 Civic Drive
P.O. Box 5001
Victorville, CA 92393-5001
SPACE ABOVE THIS LINE FOR RECORDERS USE
AMENDMENT NO. 1 TO
DEVELOPMENT AGREEMENT
BY AND BETWEEN
CITY OF VICTORVILLE
AND
SLPR, L.L.C., AN ARIZONA LIMITED LIABILITY COMPANY
IN CONNECTION WITH TENTATIVE TRACT MAP
14525, A 319 LOT SINGLE FAMILY RESIDENTIAL SUBDIVISION THAT WAS
PREVIOUSLY APPROVED AND ENVIRONMENTALLY ASSESSED
22 THIS FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (“ Amendment No. 1”) is dated for reference purposes as of August 15, 2023, and is being entered into by and between the CITY OF VICTORVILLE, a California municipal corporation and Charter City ("City") and SLPR LLC, an Arizona limited liability company (" Developer"), pursuant to the authority of California Government Code Sections 65864 through 65869.5 and the procedures set forth in the Victorville Municipal Code (“ VMC”). City and Developer are sometimes referred to hereinafter individually as a “Party” and collectively as the “Parties”.
RECITALS
WHEREAS, Developer is the owner of that certain real property known as Assessor's Parcel Number(s) 0473-163-06 AND 0473-181-27), located within the City of Victorville, as more particularly described in Exhibit "A", attached hereto and incorporated by this reference (the "Property"); and
WHEREAS, following duly noticed public hearings held by both the City’s Planning Commission and the Victorville City Council (“ City Council ”) and the adoption of Ordinance No. 2430 by the City Council on July 19, 2022, City and Developer entered into that certain Development Agreement recorded in the Official Records of San Bernardino County on January 27, 2023, as document number 2023-0020097 (the "Agreement"), attached hereto as Exhibit “B”. All capitalized terms used and not otherwise defined in this Amendment No. 1 shall have the meanings given to them in the Agreement; and
WHEREAS, the Agreement had a Term of one year in order to extend the expiration date of Tentative Tract Map No. 14525. Pursuant to Section 2.04 of the Agreement, said Term could be modified or extended by mutual consent of the Parties.
Any extension of the Term must comply with the provisions of Section 7 of the Agreement, including further public hearings before the Planning Commission and the City Council.
If no action is taken, the Agreement and Tentative Tract Map No. 14525 will expire on August 19, 2023; and
WHEREAS, on June 2, 2023, Developer submitted an application to extend the Term of the Agreement from one year to two years; and
WHEREAS, based on unforeseen challenges with final engineering of the project given the site’s elevation and the location of existing utility connections, as well as the significant progress Developer has made toward actively pursuing the recordation of all remaining phases of Tentative Tract Map No. 14525, including the submittal to City of any required improvement plans prior to the expiration of the Term as necessary for development of the Project, pursuant to Section 6.02 of the Agreement, and in exchange for Developer’s agreement to conform the Project with the City’s new CFD requirements as specified in this Amendment No. 1, the City is willing to grant Developer a one year extension of the Term of the Agreement; and
23 WHEREAS, on July 12, 2023, the Planning Commission held a duly-noticed public hearing on this Amendment No. 1 and considered the testimony and information submitted by City staff, Developer, and members of the public. Consistent with the applicable provisions of CEQA, the Development Agreement Statute, Article 19, and all other laws and regulations, the Planning Commission adopted Resolution No. P-23-013, recommending the City Council approve this Amendment No. 1; and
WHEREAS, on August 1, 2023, the City Council held a duly-noticed public hearing on this Amendment No. 1; considered the testimony and information submitted by City staff, Developer, the Planning Commission, and members of the public; and introduced Ordinance No. _______ for first reading. On August 15, 2023, consistent with the applicable provisions of CEQA, the Development Agreement Statute, Article 19, and all other laws and regulations, the City Council held the second reading and adopted Ordinance No. _____ approving this Amendment No. 1 to the Agreement.
NOW, THEREFORE , pursuant to the authority of California Government Code Sections 65864 through 65869.5 and the procedures set forth in the VMC, and in consideration of the mutual covenants and promises of the Parties herein contained, the Parties agree as follows:
AGREEMENT
A. AMENDMENT OF SUBSECTION 2.04 . Subsection 2.04 of the Agreement is hereby amended in its entirety to read as follows:
2.04 Term . The term of this Agreement shall commence upon the Effective Date and terminate two (2) years thereafter (the “Term”), unless said Term is otherwise terminated, modified, or extended by mutual consent of the Parties. Any modification or extension of the Term must comply with the provisions of Section 7 of this Agreement. The Parties agree that the Term of this Agreement is necessary in order to permit the orderly and planned development of the Project.
Should any legal action be filed challenging any of the Development Approvals, the Term of this Agreement shall be tolled during the period of any such litigation.
Pursuant to California Government Code Section 66452.6(a), the expiration date of Tentative Tract Map No. 14525 shall automatically be extended for the Term of this Agreement.
B. AMENDMENT OF SUBSECTION 2.05 . Subsection 2.05 of the Agreement is hereby amended in its entirety to read as follows:
2.05 Expiration of Term. Following the expiration of said Term, this Agreement shall be deemed terminated and shall be of no further force and effect without the need of further documentation from the Parties hereto. The foregoing notwithstanding, termination of this Agreement as to the Developer of the Property 24 or any portion thereof shall not affect any of the Developer's obligations to comply with the General Plan and the terms and conditions of any applicable zoning, or subdivision map or other land use entitlements approved with respect to the Property, any other covenants, or any other obligations that are specifically set forth as surviving the termination or expiration of the Agreement.
C. ADDITION OF NEW SUBSECTION 6.03 . A new Subsection 6.03 is added to the Agreement, to read as follows:
6.03 CFD Obligation. The Project is required to mitigate its ongoing economic impacts that require the provision of additional municipal services. To mitigate ongoing economic impacts created by new development, the City is preparing to form a Community Facilities District (“CFD”) to fund the ongoing costs of City services permitted by the CFD, including such services as public safety, street/sidewalk maintenance, and other eligible service impacts. Once formed, the City CFD will have established a uniform, standardized City-wide rate structure that will apply to new developments. If the City forms said CFD prior to the recordation of a final map or issuance of a building permit for the Project, the Developer shall annex the Property into the CFD or shall establish a funding mechanism to provide an ongoing source of funds for the additional services comparable to the uniform standardized City-wide rate established in the CFD Resolution and associated Financial Impact Analysis report. This Developer obligation shall survive any expiration or termination of this Agreement, unless the recordation of the final map associated with this agreement does not occur as a result of extension provided by this Agreement.
D. FULL FORCE AND EFFECT . Except as modified by this Amendment No. 1, the entire Agreement, its exhibits, and the exhibits attached hereto, are incorporated herein to this Amendment No. 1, and shall remain in full force and effect.
E. RECITALS . The Recitals set forth above are true and correct and incorporated herein by reference.
F. RECORDATION . The City Clerk shall record this Amendment No. 1 in the Office of the County Recorder of the County of San Bernardino within the period required by the Development Agreement Statute and Article 19. The date of this Amendment No. 1 and the date of recordation of this Amendment No. 1 shall not modify or amend the Effective Date of the Agreement.
G. AMENDMENT EFFECTIVE DATE. This Amendment No. 1 shall become effective thirty days following the adoption of Ordinance No._________ by the City Council and subsequent signature by the Mayor (the “Amendment Effective Date”).
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25 IN WITNESS WHEREOF, the Parties hereto have caused this Amendment No. 1 to the Development Agreement to be executed as of the dates written below.
CITY OF VICTORVILLE
SLPR, L.L.C., an Arizona limited
liability company
By: Paxton, Inc., an Arizona corporation
Its: Manager
By: ______________________
Debra Jones, Mayor
Date: ______________________
By: ___
Patrick E. Sovereign
Its: Vice President
Date: ___
ATTEST:
By: _________________________
Jennifer Thompson, City Clerk
Date: _______________________
APPROVED AS TO FORM:
By: _______________________________
Andre de Bortnowsky, City Attorney
RISK MANAGEMENT
By: ________________________________
Sandra Bostick, Risk Manager
[SIGNATURES MUST BE NOTARIZED]
26 Exhibit “A”
PROPERTY LEGAL DESCRIPTION
That certain real property located in the City of Victorville, County of San Bernardino, State of California, described as follows:
PARCEL 1: (APN: 0473-163-06-0-000)
THAT PORTION OF THE WEST ½ OF SECTION 3, TOWNSHIP 5 NORTH, RANGE 4
WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN
BERNARDINO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT OF SAID LAND, APPROVED BY THE SURVEYOR GENERAL, DATED MARCH 19, 1856, DESCRIBED AS FOLLOWS:
COMMENCING AT THE MOST SOUTHERLY CORNER OF LOT 11, TRACT NO. 3213, AS PER PLAT RECORDED IN BOOK 42 OF MAPS, PAGE 96, RECORDS OF SAID COUNTY; THENCE SOUTH 54° 03' 54" EAST, BASED ON THE BEARING OF THE CENTER LINE OF IMPROVEMENT OF STATE HIGHWAY 15 (SAID BEARING ALSO SHOWN AS SOUTH 53° 18' 53" EAST, ON MAP OF SAID TRACT NO. 3213, AND AS SOUTH 54° 25' 35" EAST IN THE DEED TO THE COUNTY OF SAN BERNARDINO, RECORDED IN BOOK 7459, PAGE 670, OFFICIAL RECORDS), FOR A DISTANCE OF
41.97; THENCE NORTH 89° 40' 45" EAST, 53.23 FEET TO THE WESTERLY RIGHT- OF-WAY LINE OF STODDARD WELLS ROAD, 100 FEET WIDE, AS CONVEYED TO THE COUNTY OF SAN BERNARDINO BY EASEMENT RECORDED APRIL 22, 1968 IN BOOK 7013, PAGE 206, OFFICIAL RECORDS, SAID POINT BEING ON A NON- TANGENT CURVE CONCAVE TO THE EAST AND HAVING A RADIUS OF 1850 FEET, THE RADIAL FROM SAID POINT BEARS NORTH 80° 40' 42" EAST; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 6° 58' 17", FOR A DISTANCE OF 225.10 FEET TO THE TRUE POINT OF BEGINNING, SAID
POINT BEING A NON-TANGENT CURVE CONCAVE NORTHEASTERLY WITH A RADIUS OF 70 FEET, THE RADIAL FROM SAID POINT BEARS NORTH 4° 13' 27" WEST; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 80° 32' 26", FOR A DISTANCE OF 98.40 FEET TO THE END OF SAID CURVE; THENCE NORTH 13° 43' 01" WEST, 29.53 FEET; THENCE SOUTH 49° 12' 49" WEST, 1078.05 FEET; THENCE NORTH 40° 25' 01" WEST, 65.00 FEET; THENCE NORTH 39° 44' 35" WEST, 120.25 FEET; THENCE NORTH 55° 42' 38" WEST, 243.40 FEET; THENCE NORTH 43° 20' 15" WEST, 154.00 FEET TO THE SOUTHEASTERLY
RIGHT OF WAY LINE OF THE STATE HIGHWAY CONVEYED TO THE STATE OF CALIFORNIA BY DEED RECORDED DECEMBER 19, 1955 IN BOOK 3813, PAGE 526, OFFICIAL RECORDS; THENCE SOUTH 53° 01' 11" WEST ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE TO THE WESTERLY LINE OF SAID SECTION 3; THENCE
SOUTHERLY ALONG SAID WESTERLY LINE TO THE SOUTHWEST CORNER OF SAID SECTION 3; THENCE NORTH 89° 01' 31" EAST ALONG THE SOUTH LINE OF SAID SECTION 3, A DISTANCE OF 2318.11 FEET TO A POINT IN THE CENTER LINE
OF STODDARD WELLS ROAD, SAID POINT BEING A POINT ON A NON-TANGENT CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 1800 FEET, THE 27 LONG CHORD OF SAID NON-TANGENT CURVE BEARS NORTH 13° 25' 45" WEST, A DISTANCE OF 463.82 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 14° 48' 03", AN ARC DISTANCE OF 464.98 FEET (DEED RECORD 14° 48' 17", A DISTANCE OF 465.10 FEET); THENCE NORTH 5° 39' 56" WEST, 1062.18 FEET (DEED RECORD NORTH 6° 01' 37" WEST, 1061.72 FEET)
TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 1800 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 11° 05' 57", A DISTANCE OF 348.69 FEET; THENCE NORTH 16° 45' 53" WEST, 406.58 FEET (DEED RECORD NORTH 17° 07' 33" WEST, 406.08 FEET) TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 1800 FEET; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 0° 26' 18", AN ARC DISTANCE OF 15.23 FEET; THENCE LEAVING SAID CENTER LINE OF SAID STODDARD WELLS ROAD, 100 FEET WIDE, ON A RADIAL BEARING OF SOUTH 73° 42' 25" WEST, FOR A DISTANCE OF 50 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF
ABOVE SAID STODDARD WELLS ROAD, SAID POINT BEING THE TRUE POINT OF BEGINNING.
EXCEPTING THE WESTERLY 50 FEET OF THE ABOVE SAID STODDARD WELLS ROAD, 100 FEET WIDE, AS RESERVED BY HAZLETT E. ANDERSON AND ORTRUD CECELIA ANDERSON IN DEED RECORDED IN BOOK 7759, PAGE 56, OFFICIAL RECORDS.
ALSO EXCEPTING THAT PORTION OF THE WEST ½ OF SAID SECTION 3, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTH LINE OF SECTION 3 WHICH IS 370 FEET EAST OF THE SOUTHWEST CORNER THEREOF; THENCE NORTHWESTERLY IN A
STRAIGHT LINE TO A POINT ON THE WEST LINE OF SAID SECTION WHERE SAID STRAIGHT LINE WOULD INTERSECT THE SAME EXACTLY 1600 FEET FROM THE POINT OF BEGINNING; THENCE SOUTH TO THE SOUTHWEST CORNER OF SAID SECTION; THENCE EAST 370 FEET TO THE POINT OF BEGINNING.
PARCEL 2: (APN: 0473-181-27-0-000)
PARCEL 1 AS SHOWN ON THAT CERTAIN PARCEL MAP NO. 15883 FILED IN THE
OFFICE OF THE RECORDER OF THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA ON NOVEMBER 14, 2002, IN BOOK 197 OF MAPS PAGES 32-39
28 Exhibit “B”
EXISTING DEVELOPMENT AGREEMENT
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29 30
31 32
33 34
35 36
37 38
39 40
41 42
43 44
45 46
47 48
49 50
51 52
53 54
55 56
57 58
PLANNING COMMISSION
ATTACHMENT B
Approved Tentative Tract Map
No. 14525
59 60
61 PLANNING COMMISSION
ATTACHMENT C
Ordinance No. 2430
62 ORDINANCE NO. 2430
AN ORDINANCE OF THE CITY OF VICTORVILLEALLOWING A DEVELOPMENT AGREEMENT FOR A TERM OF ONE YEAR, CASE PLAN22-00012, BETWEEN THE CITY OF VlCTORVILLE AND SLPR, LLC, AN ARIZONA LIMITED
LIABILITY COMPANY, IN CONNECTION WITH TENTATIVE TRACT MAP 14525, A 319 LOT SINGLE FAMILY RESIDENTIAL SUBDIVISION THAT WAS
PREVIOUSLY APPROVED AND ENVIRONMENTALLYASSESSED
WHEREAS, pursuant to Section 163.19.020 of the Victorville Municipal Code, SLPR, LLC, has initiated a development agreement by and between the City of Victorville and SLPR, LLC regarding property in the City of Victorville, County of San Bernardino, State of California, particularly described as follows:
A PORTION OF THE WEST ‘/2OF SECTION 3, TOWNSHIP 5 NORTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN,IN THE COUNTY OF SAN BERNARDlNO, STATE OF CALIFORNIA;AND PARCEL 1 OF PARCEL MAP 15883 FILED IN THE
OFFICE OF THE RECORDER OF THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA PER MAP RECORDED IN BOOK 197, PAGES 32 THROUGH 39 OF PARCEL MAPS; and
WHEREAS, SLPR LLC is the owner of property within a Planned Unit Development (PUD-09-001) with an approved single family tentative tract map (Tentative Tract Map No. 14525) which has received the maximum 6 years of extensions afforded by California Government Code Section 66452.6(e); and
WHEREAS, SLPR LLC is actively seeking to record the remaining phases of Tentative Tract Map No. 14525 before said tentative map expires on July 7, 2022, but will need additional time to timely file and record the necessary maps and improvement plans to ensure all phases are recorded; and
WHEREAS, California Government Code Section 66452.6(a)(1) allows for a tentative map on property subject to a development agreement to be extended for the term of such agreement; and
WHEREAS, Pursuant to Title 7, Chapter 4 of the Government Code of the State of California, a Public Hearing was held on the 8‘h day of June, 2022, to hear arguments for and against the issue, and after hearing all testimony offered, the Planning Commission adopted Resolution P-22-030, which recommended to the City Council the approval of the Development Agreement; and
WHEREAS, the Planning Commission found, and the City Council concurs and finds that a lack of certainty in the approval of development projects can result in a waste of resources, escalate the cost of residential and planned unit developments, and discourage investment in, and commitment to, comprehensive planning; and WHEREAS, the Planning Commission found, and the City Council concurs and finds that granting the proposed Development Agreement for a one year term willincrease certainty by allowing SLPR, LLC this additional time to record the final subdivision maps for the project in accordance with the City’s existing policies and rules and regulations, subject 63 to the conditions contained within the Development Agreement, thereby streamlining the public planning process, encouraging private participation in comprehensive planning, and reducing the economic cost of development; and
WHEREAS, the Planning Commission found, and the City Council concurs and finds a public benefit in preserving the entitlements of tentative maps for future housing projects as a means to maintain a supply of available housing projects during California’s period of housing shortage; and
WHEREAS, the Planning Commission found, and the City Council concurs and finds a public benefit in preserving the investment SLPR, LLC has made in the design of the public facilities within the subject tract map, such as drainage facilities, park sites, recreational amenities, and improvement of a master planned roadway; and WHEREAS, the Planning Commission found, and the City Council concurs and finds that the proposed Development Agreement is be consistent with the objectives, polices, general land uses and programs specified in the City‘s General Plan by meeting the intent of Policies 1.1.4, 4.1.1, & 4.1.2 of the Land Use Element of the General Plan inasmuch as they encourage the development of a variety of residential uses and densities as well as promote high quality development and public spaces, which this Development Agreement will help in accomplishing; and
WHEREAS, the Planning Commission found, and the City Council concurs and finds that the project is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the real property is located given that the Development Agreement and the tentative tract map it extends are consistent with the underlying PUD-09-001 and because the Development Agreement does not authorize uses or development outside of what is prescribed within the PUD or Municipal Code; and WHEREAS, the Planning Commission found, and the City Council concurs and finds that the proposed Development Agreement is in conformity with public convenience, general welfare and good land use practice since the Development Agreement would provide a public benefit by preserving the entitlements of a residential project as a means to maintain a supply of available housing projects during California’s period of housing shortage; and
WHEREAS, the Planning Commission found, and the City Council concurs and finds that the proposed Development Agreement willnot be detrimental to the health, safety and general welfare since the Development Agreement provides vested rights for only a one year period and the associated PUD and tentative tract map have already been approved by the City and were found not to be detrimental to the health, safety and general welfare of the public; and
WHEREAS, the Planning Commission found, and the City Council concurs and finds that the proposed Development Agreement will not adversely affect the orderly development of property since the Development Agreement will be providing vesting rights for a PUD and associated tentative tract map that comply with the General Plan, Municipal Code, and underlying PUD standards; and
WHEREAS, the Planning Commission found, and the City Council concurs and finds that the development components of the project have been previously assessed per 64 the Mitigated Negative Declaration approved with Tentative Tract Map No. 14525, which currently allows for the 319 single family lot subdivision. ,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF VICTORVILLE DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Development Agreement PLAN22-00012 between the City of Victorville and SLPR LLC, A, Arizona Limited Liability Company, as specified in the enclosed Development Agreement, is hereby approved.
65 ORDINANCE NO. 2430
THIS ORDINANCE SHALL BE IN FULLFORCE AND EFFECT ON AUGUST 19, 2022.
PASSED, APPROVED AND ADOPTED THIS 19THDAY OF JULY 2022.
ATTEST:
CITY RK DATE
APPROVED AS T FORM:
CITYATTORNEY
i, JENNIFER THOMPSON, City Clerk of the City of Victorville and ex—officioClerk to the City Council of said City, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Ordinance No. 2430 which was introduced at a meeting held on the 215' day of June 2022 and duly adopted at a meeting held on the 19'h day of July 2022 by the following roll call vote, to wit:
AYES: 2 Mayor Jones, Councilmembers Becerra, Gomez, and Irving NOES: None
ABSENT: None
ABSTAIN: None
CITY RK OF THE CITYOF VICTORVILLE
66 RECORDING REQUESTED BY
CITY OF VICTORVILLE
(Exempt from Recording Fees
Pursuant to Governmem Code Section 27383)
AND WHEN RECORDED MAIL TO:
CITY CLERK
City of Victorville
14343 Civic Drive
PO. Box 5001
Victorville, CA 92393-5001
SPACE ABOVE THIS LINE FOR RECORDERS USE
DEVELOPMENT AGREEMENT
BY AND BETWEEN
CITY OF VICTORVILLE
AND
SLPR, L.L.C., AN ARIZONA LIMITED LIABILITY COMPANY
67 Victorville, California
DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT (this "Agreement") dated as of this _ day of , 2022 for reference purposes only, is entered into by the CITY OF VICTORVILLE, a California municipal corporation and Charter City ("City") and SLPR LLC, an Arizona limited liability company ("Developer"), pursuant to the authority of California Government Code Sections 65864 through 65869.5 and the procedures set forth in the Victorville Municipal Code (“VMC”). City and Developer are sometimes referred to hereinafter individually as a “Party” and collectively as the “Parties”.
W3
A. To strengthen the public planning process, encourage private participation in comprehensive planning and reduce the economic risk of development, the Legislature of the State of California adopted the Development Agreement Statute (as hereinafter defined).
B. The Development Agreement Statute authorizes the City to enter into a property development agreement with any Person having a legal or equitable interest in real property for the development of such real property in order to establish certain development rights in the real property.
C. This Agreement is voluntarily entered in consideration of the benefits to and the rights and obligations of the Patties on the basis of the facts cited herein, the understanding and intentions of the Parties, and in reliance upon the various representations and warranties contained herein.
D. Developer is a limited liability company duly organized under the laws of the State of Arizona and is qualified to do business in the State of California.
E. Developer owns in fee or has an equitable interest in those certain parcels of land (Assessor's Parcel Number(s) 0473-163—06 AND 0473-181-27), located within the City of Victorville, as more particularly described in Exhibit ""A, attached hereto (the "Property").
F. Developer intends to develop single family residential subdivisions on the Property (hereinafter the "Project", as further defined in Section 4.01 of this Agreement) pursuant to all local and state laws and regulations in effect as of the Effective Date, as defined in Section 2.03 hereof.
G. The Project is within a Planned Unit Development (PUD-09—001) and Developer has obtained approval of a tentative tract map as conditioned by City Council Resolutions Nos. 09-051 and 16-050 and Planning Commission Resolution No. P—19—047 (“Tentative Tract MapNo. 14525”), which map contemplates dedication of land to the City for development of drainage, street and park facilities, and recreational features in a 68 centralized park and two pocket parks, as well as community design that includes enhanced entries to both the community as a whole and each village, which will provide benefits to the City.
H. Developer further seeks to comply with the conditions of the Development Approvals (as defined in Section 3.09 hereof) and to develop the Property in accordance with the land use policies and goals set forth in the Project Approvals and with the terms and conditions of this Agreement.
I. Pursuant to Section 65865 of the Development Agreement Statute, a city may establish procedures and requirements for the consideration of development agreements. The City’s established procedures and requirements are currently codified in Title 16, Chapter 3, Article 19 of the VMC (“Article 19"). The Parties desire to enter into this Agreement pursuant to the Development Agreement Statute and Article 19.
J. The application for this Agreement was considered by the City’s Planning Commission and the City Council at duly noticed public hearings in accordance with the Development Agreement Statute and Article 19.
K. In accordance with CEQA, an environmental review has been conducted and a mitigated negative declaration has previously been issued for all of the development components of this Project, as initially approved by City Council Resolution No. 09-051 and subsequently found to be adequately previously assessed by City Council Resolution 16—050and Planning Commission Resolution No. P-19-047 (the “Mitigated Negative Declaration"). Based on the approved initial environmental study and the Mitigated Negative Declaration and given that this Agreement does not authorize future expansions above and beyond those entitled in PLN07-OO123, PLN16-OOO10, and PLAN19-00024 and approved by the aforementioned City Council and Planning Commission Resolutions the City Council finds the Project to be previously environmentally assessed. Therefore, no additionalenvironmental review is necessary.
L. For the reasons recited herein, the City has determined that the Project is a development for which this Agreement is appropriate under the Development Agreement Statute and Article 19.
M. This Agreement will eliminate uncertainty in planning for and securing orderly development of the Project, facilitate the maintenance of a supply of available housing projects in the City during California’s period of housing shortage, ensure attainment of the maximum effective utilization of resources within the City at the least economic cost to its citizens, and otherwise achieve the goals and purposes for which the Development Agreement Statute was enacted.
N. In exchange forthe benefits to the City contained herein, the City has taken or will take all actions required so that Developer may continue and diligently pursue development of the Project, including the approval, adoption or issuance of necessary development permits, and the future ministerial approval of building plans and ministerial issuance of final maps, appropriate building permits, lot line adjustments, and other 69 necessary or desired approvals and entitlements which are consistent with the development of the Project (collectively, the "Ministerial Approvals").
O. In exchange for the benefits to City, Developer desires to receive the assurance that it may proceed with the Project in accordance with the Existing Land Use Ordinances (as defined in Section 3.12 hereof), subject to the terms and conditions contained in this Agreement and to secure the benefits afforded Developer by postponing the expiration date of Tentative Tract Map No. 14525 for the Term of this Agreement.
P. it is the intent of the Parties that all acts referred to in this Agreement shall be accomplished in such a way as to fully comply with CEQA, the Development Agreement Statute, Article 19, and all other applicable laws and regulations.
Q. The terms of this Agreement support the vital and best interests of the City by insuring the development of the Project consistent with the City’s General Plan, any applicable specific plan, and the zoning designation of the Project site. in addition and further pursuant to Government Code Section 65867.5(0), any tentative maps prepared for subdivision actions on the Property under this Agreement shall comply with Government Code section 66473.7 (Water Availability).
R. This Agreement is made and entered into in consideration of the mutual covenants and in reliance upon the various representations and warranties contained herein. The Parties acknowledge that, in reliance on the agreements, representations and warranties contained herein, Developer will take certain actions, including making substantial investments and expenditures of monies, relative to the Property and the development of the Project thereon.
NOW, THEREFORE, pursuant to the authority contained in the Development Agreement Statute, and in consideration of the mutual covenants and promises of the Parties herein contained, the Parties agree as follows:
SECTION 1. GENERAL ACKNOWLEDGMENTS.
The Parties acknowledge that: (a) the City has entered into this Agreement pursuant to the Development Agreement Statute, Article 19, and its police power to address public health and safety and general welfare concerns including those relating to the amount, density, intensity and timing of development of the Property and the need for public facilities and infrastructure in connection with the Project; (b) pursuant to Government Code section 65865.3, the City reserves the right to modify or suspend the provisions of this Agreement if it determines that the failure of the City to do so would endanger the health, safety and/or welfare of the residents of the City; (c) the City intends to and hereby does reserve its authority to reconsider and/or amend this Agreement in the event of compelling health, safety and public welfare concerns; and (d) nothing herein shall be construed to limit or restrict the exercise by the City of its power of eminent domain.
70 SECTION 2. GENERAL PROVISIONS.
2.01 lncorgoration of Recitals. The preamble, the Recitals, and all defined terms set forth in both are hereby incorporated into this Agreement as if set forth herein in full.
2.02 Reference to City. References to “City"in this Agreement shall mean the City of Victorville, located in the County of San Bernardino, State of California, unless the‘ reference clearly manifests a different intent.
2.03 Effective Date. The “Effective Date” of this Agreement shall be the date the Adopting Ordinance (as defined in Section 3.01 hereof) becomes effective, with the understanding that Developer shall execute this Development Agreement prior to its submittal to the City Council for approval and adoption by said ordinance.
2.04 Term. The term of this Agreement shall commence upon the Effective Date and terminate one (1) year thereafter (the “Term"), unless said Term is otherwise -terminated, modified, or extended by mutual consent of the Parties. Any modification or extension of the Term must comply with the provisions of Section 7 of this Agreement.
The Parties agree that the Term of this Agreement is necessary in order to permit the orderly and planned development of the Project. Should any legal action be filed challenging any of the Development Approvals, the Term of this Agreement shall be tolled during the period of any such litigation. Pursuant to California Government Code Section 66452.6(a), the expiration date of Tentative Tract Map No. 14525 shall automatically be extended for the Term of this Agreement.
2.05 Exgiration of Term. Following the expiration of said Term, this Agreement shall be deemed terminated and shall be of no further force and effect without the need of further documentation from the Parties hereto.
2.06 Time is of the Essence. Time is of the essence in this Agreement and in each and every term and condition hereof.
2.07 Enforceabiliy of Agreement. The Parties agree that unless this Agreement expires, is amended, or is terminated pursuant to the provisions of this Agreement, this Agreement shall be enforceable by any Party hereto notwithstanding any change hereafter in any applicable general plan, specific plan, zoning ordinance, subdivision ordinance, the Existing Rules (as defined in Section 4.05) or any other land use ordinances or building ordinances, resolutions or ordinances or other regulations adopted by the City which changes, alters or amends the Existing Rules applicable to the development of the Project at the time of the approval of this Agreement as provided by Government Code Section 65865.4. This Agreement shall not prevent City from denying or conditionally approving any subsequent deveiopment project application by a third party not a successor—in-interest hereto on the basis of such existing or new rules, regulations and policies.
71 2.08 Further Assurances. Each Party shall execute and deliver to the other all such other further instruments and documents as may be reasonably necessary to carry out this Agreement in order to provide and secure to the other Party the full and complete enjoyment of its rights and privileges hereunder.
2.09 Singular and Plural; Gender. As used herein, and except where the context requires otherwise, the singular of any word includes the plural and vice versa, and pronouns inferring the masculine gender shall include the feminine gender and vice versa.
2.10 Covenants Run With The Land. All of the terms, provisions, covenants and obligations contained in this Agreement shall be binding upon the Parties and their respective heirs, successors, and assigns, and all other persons or entities acquiring all or any portion of the Property, or any interest therein, whether by operation of law or in any manner whatsoever, and the rights thereof shall inure to the benefit of such Parties and their respective heirs, successors and assigns.
2.11 Enforcement of Covenants. The provisions of this Agreement shall be enforceable as equitable servitudes and constitute covenants. running with the land pursuant to applicable law, including but not limited to, California Civil Code Section 1468.
2.12 Constructive Notice. Every Person who now or hereafter owns or acquires any right, title or interest in or to any portion 'of the Project or the Property is and shall be‘conclusively deemed to have consented and agreed to every provision contained herein, whether or not any reference to this Agreement is contained in the instrument by which such person acquired an interest in the Project or the Property.
SECTION 3. DEFINITIONS.
Reference in this Agreement to any of the following capitalized terms shall have the meaning set forth below for each such term.
3.01 Adopting Ordinance. “Adopting Ordinance" means Ordinance No. adopted by the City Council on , 2022, approving this Agreement.
3.02 Approvals. “Approvals” means any and all permits or approvals of any kind or character required under the terms of this Agreement to develop the Property and the Project in the manner as described herein.
3.03 Building Ordinances. “Building Ordinances” means those building standards of general application and not imposed solely with respect to the Project, in effect from time to time that govern building and construction standards, including, without limitation, the City's building, plumbing, electrical, mechanical, grading, swimming, pool, sign, and fire codes.
3.04 CEQA. “CEQA" means the California Environmental Quality Act, California Public Resources Code section 21000 et seg., and the State CEQA Guidelines, 72 (California Code of Regulations, title 14, section 15000 et seg.), as each is amended from time to time.
3.05 Reserved.
3.06 Reserved.
3.07 Development. “Development" means the subdivision or improvement of the Property for purposes of constructing the structures, improvements and facilities comprising the Project including, without limitation: grading, the construction and installation of infrastructure and public facilities related to the Project, whether located within or outside the Property; the construction of structures and buildings; and the installation of landscaping, but not including the maintenance, repair, reconstruction or redevelopment of any structures, improvements or facilities after the construction and completion thereof.
3.08 Development Agreement Statute. “Development Agreement Statute” means sections 65864 through 65869.5 of the California Government Code as it exists on the Effective Date.
3.09 Development Approvals. ”Development Approvals" means site-specific permits and other entitlements to use of every kind and nature previously approved or granted by the City in connection with the Project including, but not limited to: subdivision approvals (including tentative maps, vesting tentative maps, final maps, parcel maps and map waivers), development permits, conditional use permits, variances, grading permits, building permits and occupancy permits. The Development Approvals forthis Project are identified in Exhibit “D” attached hereto.
3.10 Development Fees. “Development Fees" means all City adopted fees and monetary exactions that are designed to pay for new or expanded public facilities needed to serve, or to mitigate the adverse effects of, a given development project and that are imposed by the City as a condition of approval of discretionary or ministerial permits for, or in connection with the implementation of, that development project. The term “Development Fees” does not include processing fees and charges as described in this Agreement. The term "Development Fees" also does not include requirements that development be served by a public utility even if that public utility imposes a capital improvement fee or similar charge as a condition of providing service. All Development Fees shall be deposited in a separate capital facilities account or fund in a manner to avoid any commingling of the fees with other revenues and funds of the local agency, and those fees shall be expended solely for the purpose for which the fee was collected, pursuant to California Government Code Section 66006. For purposes of this Agreement, the Development Fees required of Developer shall be those fees of general application that Developer would have othen/vise been obligated to pay on a project similar to the Project contemplated by this Agreement. This Agreement does not require the payment of any special or unique Development Fees.
73 3.11 Exactions. “Exactions” means all exactions, in-lieu fees or payments, dedication or reservation requirements, obligations for on-site or off—site improvements, construction requirements for public improvements, facilities, or services called for in connection with the development of or construction on the Property, whether such requirements constitute subdivision improvements, mitigation measures in connection with environmental review of any project, or impositions made under any applicable ordinance or in order to make a project approval consistent with the anticipated land use policies of the City's future General Plan.
3.12 Existing Land Use Ordinances. “Existing Land Use Ordinances” means the Land Use Ordinances in effect as of the Effective Date Of this Agreement.
Existing Land Use Ordinances are identified in Exhibit “C" attached hereto.
3.13. General Plan. ”General Plan" means the General Plan of the City of Victorville, as duly adopted by the City Council.
3.1_4 Land Use Ordinances. “Land Use Ordinances" means the ordinances, resolutions, codes, rules, regulations and official policies of City, governing the development of the Property and the Project, including but not limited to, the permitted uses of land, the density and intensity of use of land, development fees, exactions, and the timing of development, all as applicable to the development of the Property.
Specifically, but without limiting the generality of the foregoing, Land Use Ordinances shall include the City's General Plan, the City's Zoning (Development) Code and the City's Subdivision Code. The term “Land Use Ordinances” does not include Regulations relating to the following: the conduct of business, professions and occupations generally; taxes and assessments; the control and abatement of nuisances; encroachment and other permits and the conveyances of rights and interests that provide for‘the use of or entry upon public property; and any exercise of the power of eminent domain.
3.15 Persons. As used herein, any reference to or use of the word “Person" or “Persons" shall mean, in addition to a natural person, any governmental entity and any partnership, corporation, joint venture or any other form of business entity.
3.16 Reserved.
3.17 Reserved.
3.18 Regulations. "Regulations” means Constitutions, statutes, City ordinances and codes, City resolutions and official policies ,of the City.
3.19 Property. “Property" means that real property described in Exhibit “A”.
3.20 Certain Other Terms. Capitalized terms not defined in this Section 3 shall have the meanings set forth for such terms in this Agreement. 74 SECTION 4. GENERAL DEVELOPMENT OFTHE PROPERTY.
4.01 Proiect. The 319 single family residential subdivision to be developed on the Property is described in the Scope of Development attached hereto as Exhibit “B” which generally specifies the aspects of the Project.
4.02 General Develogment. Any development of the Project on the Property shall be conducted in accordance with the terms and conditions of this Agreement including without limitation, the Existing Rules.
4.03 Vested RightIPermitted Uses. Subject to the terms of this Agreement, Developer shall have a vested right to develop the Project in accordance with the terms of the Existing Rules. The permitted uses of the Property, the density and intensity of .use, the maximum height and size of proposed buildings, provisions for reservation or dedication of land for public purposes and location of public improvements, and other terms and conditions of development applicable to the Project including without limitation, vesting of Developer rights under this Agreement shall be subject to Developer’s complete and unqualified compliance with the terms and conditions set forth in Section 6 of this Agreement.
4.04 Future Approvals. The City hereby agrees that the Project land uses set forth in the Scope of Development will be approved pursuant to the terms of this Agreement, provided that Developer satisfactorily complies with all preliminary procedures, actions, payments and criteria applicable as of the Effective Date of this Agreement and generally required of developers by the City for processing applications for developments at such time. City agrees to grant and implement the necessary [and use, zoning, site plan or subdivision approvals and to grant other Approvals and permits, including the Ministerial Approvals, that will accomplish or facilitate development of the Property for the uses and to the density or intensity of development described and shown in the Scope of Development and/or this Agreement pursuant to the Existing Rules.
4.05 AQElicable Rules, Regulations and Official Policies. Except as otherwise provided in this Agreement, the rules, regulations, official policies, and conditions of approval governing the permitted uses of the Property, the density or intensity of use, and the design, improvement, construction, building and occupancy standards and specifications and Development Fees and Exactions applicable to the Project and the Property shall be those identified in the Existing Land Use Ordinances and Development Approvals in force on the Effective Date this Agreement (“Existing Rules"). The City shall have the right to impose reasonable conditions in connection with such subsequent discretionary permit Approvals which are not deemed Ministerial Approvals, but such conditions and actions shall not prevent development of the Project as contemplated by this Agreement or place burdensome or restrictive measures on Developer in connection with the development of the Project.
4.06 Timing of Development. The Parties acknowledge that Developer cannot at this time predict when or the rate at which phases of the Project will be developed.
Accordingly, the Property may be developed in phases in accordance with the phasing 75 schedule established for the Project at the time of the approval of the Development Approvals.
4.07 Reserved.
4.08 AQQlication of New Rules, Regulations and Policies. This Agreement shall not prevent City in subsequent actions applicable to the Project from applying new rules, regulations and policies which do not conflict with the Existing Rules; nor shall this Agreement prevent City from denying or conditionally approving any subsequent development project application on the basis of such existing or new rules, regulations, and policies.
4.09 Reserved.
4.10 Aggraval of Subsequent Tentative and Final Maps. Although the Existing Land Use Ordinances shall determine the standards for granting or withholding approval of Tentative, Vesting Tentative and Final Tract Maps and Vesting Tentative and Tentative Final Parcel Maps, the procedures for processing approval of all such Maps shall be governed by such ordinances, regulations, and zoning as may then be applicable.
4.11 Changes in State and Federal Rules and Regulations. Nothing in this Agreement shall preclude the application to the Project of changes in the City's laws, regulations, plans or policies, the terms of which are specifically mandated and required by changes in state or federal laws or regulations as provided in Government Code Section 65869.5.
4.12 Processing Fees. This Agreement shall not be construed to limit the authority of the City to charge processing fees for land use approvals, building permits or other similar permits or entitlements which are in force and effect on a City-wide basis at the time application is made for such permits or entitlements.
SECTION 5. PERIODIC REVIEW.
City shall conduct a review of this Agreement as set forth in the following subsections.
5.01 Annual Review. In the event this Agreement is extended beyond the one- year Term specified in Section 2.05 hereof, the City shall review the extent of good faith compliance by Developer with the terms of this Agreement at least once every 12-month period from the Effective Date of this Agreement.
5.02 Procedure. Such annual review shall be conducted in accordance with the City's duly adopted Development Agreement Procedures as provided in Article 19.
5.03 Notice. City shall notify Developer in writing of the date of review at least thirty (30) days prior thereto.
76 5.04 Good-faith Compliance. During each annual review, Developer is required to demonstrate good faith compliance with the terms of this Agreement.
V5.05 Production of Documents and Other Evidence. Developer agrees to furnish such reasonable evidence and adequate documentation of good faith compliance as the City, in the exercise of its reasonable discretion, may require.
SECTION 6. OBLIGATIONS OF DEVELOPER AND CITY.
6.01 Obligations. In mutual consideration of entering into this Agreement, Developer and City have agreed to undertake certain obligations as set forth herein, which City and Developer acknowledge will have an overall benefit to the public and surrounding area.
6.02 Mag Recordation. Developer agrees, in good faith, to actively pursue the recordation of all remaining phases of Tentative Tract Map No. 14525, including the submittal to City of any required improvement plans, prior to the expiration of the Term.
6.03 Reserved.
6.04 Reserved.
6.05 Reserved.
6.06 Reserved.
6.07 Nexus/Reasonable Relationshig Waiver. Developer consents to, and waives any rights it may have now or in the future, to challenge the legal validity of, the conditions, requirements, policies, or programs required by the Existing Rules or any other Existing Land Use Ordinances or this Agreement, including, without limitation, any claim that they constitute an abuse of police power, violate substantive due process, deny equal protection of the laws, effect a taking of property without payment of just compensation, or impose an unlawful tax.
6.08 Coogeration By Develoger. Developer shall, in a timely manner, and without cost or expense whatsoever, provide City with all documents, applications, plans and other information necessary for City to record all remaining phases of Tentative Tract Map No. 14525 and to carry out its obligations hereunder prior to expiration of the Term, and cause Developer's planners, engineers, architects and all other consultants to submit in a timely manner all required materials and documents therefor.
6.09 Other Governmental Permits. Developer shall apply in a timely manner for such other permits and approvals from other governmental or quasi-governmental agencies having jurisdiction over the Property as may be required for the development of, or provision of services to, the Project.
6.10 Provision of Real Progeny Interests by City. in any instance where Developer is required to construct any public improvement on land not owned by 10 77
Developer, City shall negotiate the purchase of the necessary real property interests to allow Developer to construct the public improvements as required by this Agreement and, if necessary, in accordance with the procedures established by law, consider the use of its power of eminent domain to acquire such required real property interests. Developer shall pay all costs associated with any such negotiation or condemnation proceedings.
6.11 Processing. Upon satisfactory completion by Developer of all required preliminary actions and payments of appropriate processing fees, if any, City shall promptly commence and diligently proceed to complete all required steps necessary for the implementation of this Agreement and the development by Developer of the Project, including, but not limited to, the following:
(a) The holding of all required public hearings; and
(b) The processing and approval of all Ministerial Approvals and related matters as necessary for the completion of the development of the Project. in this regard, Developer will, in a timely manner, provide City with all documents, applications, plans and other information necessary for City to carry out its obligations hereunder as required by the Existing Rules and shall cause Developer's planners, engineers, architects and all other consultants to submit in a timely manner all required materials and documents therefor as required by the Existing Rules.
6.12 Standard of Review. The rules, regulations and policies that apply to any Ministerial Approvals which must be secured prior to the construction of any portion of the Project shall be the Existing Rules. Any Ministerial Approval, including without limitation a building permit, shall be approved by the City within a reasonable period of time after application is made therefor.
SECTION 7. AMENDMENTS.
This Agreement may be amended from time to time by mutual consent of the original Parties or their successors in interest, in accordance with the provisions of Government Code Sections 65867 and 65868, and the City's adopted Article 19 procedures and requirements for the consideration of development agreements. The City's costs shall be payable'by amendment applicants.
SECTION 8. TRANSFERS AND ASSIGNMENTS.
8.01 Ciy’s Intent. Developer has demonstrated, and the City finds that Developer possesses, the experience, reputation and financial resources to develop and maintain the Project in the manner contemplated by this Agreement. it is because of such qualifications, which assure the development of the Property to a high-quality standard that the City is entering into this Agreement. Accordingly, restrictions on the right of Developer to assign or transfer the rights and privileges contained in this Agreement are necessary in order to assure the achievement of the objectives of the Development Approvals, and this Agreement.
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8.02 Develoger‘s Right to Assign or Transfer. Except as otherwise provided in this Section 8, Developer may not assign or transfer any of its rights or interests under this Agreement without the express written consent of the City, which consent may not be unreasonably withheld, conditioned or delayed.
8.03 Restriction on Assignment Does Not Constitute an Unreasonable Restraint on Alienation. Developer agrees that the restriction on its right to transfer any of its rights or interests under this Agreement is not repugnant or unreasonable in that such a restriction is a material inducement to the City to enter into this Agreement since the restriction reserves for the City the power to prevent the transfer of any of the rights and obligations hereunder to an unreliable developer.
8.04 Restriction on Assignment Shall Not Prevent Developer From Conveying the Property. The Parties agree that the restriction on assignment without consent is limited solely to those certain vested rights created under this Agreement and such restriction shall not affect Developer's right to convey the Property itself.
8.05 Reguest Procedure. Developer shall notify the City Manager or his or her designee, in writing of its request for City‘s consent to an assignment or transfer under this Section, together with a statement that if the City Manager, or his or her designee, does not notify Developer within sixty (60) days of receipt of the request as provided in Section 8.06, the request will be deemed approved.
8.06 60 Day Period. If, within such sixty (60) days of receipt of the written request for City‘s consent to an assignment or transfer under this Section the City Manager, or his or her designee, does not notify Developer of the City's consent to the requested assignment or transfer, the request for consent shall automatically be deemed approved and no further action by Developer or the City shall be necessary. If, within such sixty (60) day period, the City Manager, or his or her designee, notifies Developer that the request will be considered and acted upon by City, Developer shall furnish such additional information as the City Manager, or his or her designee, may reasonably request at the time of such notice, and City shall proceed to consider and act upon the Developer’s request for consent to the proposed assignment or transfer based upon the criteria set forth in Section 8.08 below. The recordation of the final map for this Project shall cause this provision to no longer be in effect.
8.07 Assignment. The management control and responsibility of Developer and the expertise, competence, and financial strength of Developer are integral components of the consideration for City to enter into this Agreement. in order to preserve such consideration for City and for City to receive full value, the Parties hereto agree that the occurrence of any of the following events constitute, for purposes of this provision, an assignment requiring the City’s written consent:
(a) A change in the composition of ownership interests in and control of Developer, the result of which diminishes Developer’s ownership interest to less than fifty-one percent (51%).
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(b) A change in the composition of ownership interests in and control of the Property such that Developer’s equity in the Property is reduced to less than fifty-one percent (51%).
8.08 Conditions and Standards. The conditions and standards for assignment or transfer under this Section are as follows:
(a) Such assignee or transferee possesses the experience, reputation and financial resources necessary to cause development of the Project and maintenance of the improvements upon the Property in the manner contemplated by this Agreement;
(b) Such assignee or transferee enters into a written assumption agreement, in form and content satisfactory to the City Attorney, expressly assuming and agreeing to be bound by the provisions of this Agreement; (0) Such assignment or transfer will not impair the ability of City to achieve the objectives of this Agreement; and
(d) Good cause exists for Developer to make such assignment or transfer. For purposes of this subsection, good cause shall include, but is not limited to, such causes as business reorganizations, financing arrangements for the development of the Project and exigent circumstances creating the need to generate capital to offset material business losses. (e) Notwithstanding the good cause limitation setforth in Section 8.08(d) above, in the event Developer notifies City of its intention to assign this Agreement to an assignee or transferee that satisfies the standards set forth in Sections 8.08(a), (b) and (c) above, then such proposed assignment will be deemed to have satisfied the conditions for assignment or transfer of this Agreement, in which event City will not unreasonably object to such assignment or transfer of this Agreement.
(f) Upon the express written assumption by an assignee or transferee, to the satisfaction of the City Attorney, of the burdens and obligations under this Agreement with respect to the Property or such portion thereof sold, assigned or transferred, shall release and relieve Developer of such burdens and obligations so assumed.
8.09 Financing Exemgtion. Mortgages, deeds of trust, sales and lease-backs, or other forms of conveyance required for any reasonable method of financing requiring a security arrangement with respect to the Project are permitted without the consent of the City, provided the Developer retains the legal and equitable interest in the Property and remains fully responsible hereunder. The words “mOrtgage” and “deed of trust," as used herein, include all other appropriate modes of financing real estate acquisition, construction and land development.
13 80
8.10 Notice of Sale of Property. Developer shall give written notice to the City, within ten (10) days after close of escrow, of any sale or transfer of any portion of the Property, specifying the name or names of the purchaser, the purchaser's mailing address, the amount and location of the land sold or transferred, and the name and address of a single person or entity to whom any notice relating to this Agreement shall be given.
SECTION 9. DELAYS lN PERFORMANCE.
9.01 Permitted Delays. In addition to any other provisions of this Agreement with respect to delay, the Parties shall be excused for performance of their obligations hereunder during any period of delay caused by acts of God or civil commotion, riots, strikes, picketing, or other labor disputes, shortage of materials or supplies, or damage to or prevention of work in process by reason of fire, floods, earthquake, or other casualties, litigation, acts or neglect of the other Party, or restrictions imposed or mandated by governmental or quasi-governmental entities, enactment of conflicting provisions of the Constitution or laws of the United States of America or the State of California or any codes, statutes, regulations or executive mandates promulgated thereunder, or any other circumstance reasonably determined to be out of the control of the Parties.
Notwithstanding the foregoing, a Party shall not be excused from timely performance of any of its obligations where the Party’s inability to perform is due solely to lack of financial resources.
9.02 Third Par_ty Actions. Any court action or proceeding brought by any third party to- challenge this Agreement, or any other permit or approval required from City or any other governmental entity for development or construction of all many portion of the Project, whether or not Developer is a party to or real party in interest in such action or proceeding, shall constitute a Permitted Delay under this Section.
9.03 Notice of Permitted Delays. ifwritten notice of such delay is given to either Party within (30) days of the commencement of such delay, an extension of time for such cause shall be granted in writing for the period of the enforced delay, or longer as may be mutually agreed upon.
SECTION 10. DEFAULT.
10.01 Events of Default. Subject to any extensions of time by mutual consent in writing, and subject to the provisions of Section 9.01 regarding Permitted Delays, the failure or unreasonable delay by either Party to perform any material term or provision of this Agreement for a period of thirty (30) days after the delivery of a written notice of default from the other Party shall constitute a default under this Agreement. if the nature of the alleged default is such that it cannot reasonably be cured within such 30-day period, the commencement of the cure within such time period and the diligent prosecution to completion of the cure shall be deemed a cure within such period.
10.02 Notice of Default. Any Notice of Default given hereunder shall specify in detail the nature of the alleged Event of Default and the manner in which such Event of 14 81
Default may be satisfactorily cured in accordance with the terms and conditions of this Agreement.
10.03 Cure Period. During the time periods herein specified for cure of an Event of Default, the Party charged therewith shall not be considered to be in default for purposes of termination of this Agreement, institution of legal proceedings with respect thereto, or issuance of any building permit with respect to the Project.
10.04 General Default Remedies. After notice and expiration of the 30-day period without cure, the non-defaulting Party shall have such rights and remedies against the defaulting Party as it may have at law or in equity. including, but not limited to, the right to terminate this Agreement pursuant to Government Code Section 65868 or seek mandamus, specific performance, injunctive or declaratory relief.
10.05 Remedies Cumulative. Any rights or remedies available tonon-defaulting Party under this Agreement and any other rights or remedies that such Party may have at law or in equity upon. a default by the other Party under this Agreement shall be distinct, separate and cumulative rights and remedies available to such non-defaulting Party and none of such rights or remedies, whether or not exercised by the non-defaulting Party, shall be deemed to exclude any other rights or remedies available to the non-defaulting Party. The non-defaulting Party may, in its discretion, exercise any and all of its rights and remedies, at once or in succession, at such time or times as the hon-defaulting Party considers appropriate.
10.06 Legal Action. Either Party may, in addition toany other rights or remedies, institute legal action to cure, correct or remedy a default, enforce any covenant or agreement herein, enjoin any threatened or attempted violation hereof, or enforce by specific performance the obligations and rights of the Parties hereto.
10.07 Developer Default. No building permit shall be issued or building permit application accepted for any structure on the Property after Developeris determined by City to be in default of the terms and conditions of this Agreement, and until such default thereafter is cured by the Developer or is waived by City.
10.08 Waiver. All waivers must be in writing to be effective or binding upon the waiving Party, and no waiver shall be implied from any omission by a Party to take any action with respect to such Event of Default. Failure by a Party to insist upon the strict performance of any of the provisions of this Agreement by the other Party shall not constitute waiver of such Party's right to demand strict compliance by such other Party in the future.
10.09 Scoge of Waiver. No express written waiver of any Event of Default shall affect any other Event of Default, or cover any other period of time specified in such express waiver.
10.10 Attorneys' Fees. Should legal action be brought by either Party for breach of this Agreement or to enforce any provision herein, the prevailing Party of such action, 15 82
shall be entitled to reasonable attorneys’ fees, court costs and such other costs as may be fixed by the court.
10.11 Venue. Should suit be brought by any Party to this Agreement, the Parties agree that venue shall be exclusively vested in the State courts of the County of San Bernardino.
SECTION 11. TERMINATION.
Upon termination of this Agreement, the rights, duties and obligations of the Parties hereunder shall terminate and cease to exist without further action required on the part of any Parties hereto.
SECTION 12. RELATIONSHIP OF PARTIES.
12.01 Proiect as a Private Undertaking. It is specifically understood and agreed by and between the Patties hereto that the development of the Property/Project is a separately undertaken private development by Developer.
12.02 Independent Contractors. The Parties agree that the Project is a private development and that no Party is acting as the agent of another party in any respect hereunder.
12.03 No Joint Venture or Partnershig. City and Developer hereby renounce the existence of any form of joint venture or partnership between them, and agree that nothing contained herein or in any document executed in connection herewith shall be construed as making City and Developerjoint venturers or partners.
12.04 No Third Party Beneficiaries. The only Parties to this Agreement are Developer and City. There are no third party beneficiaries and this Agreement is not intended, and shall not be construed, to benefit, or be enforceable by any other person whatsoever.
12.05 Ambiguities or Uncertainties. The Parties hereto have mutually negotiated the terms and conditions of this Agreement and this has resulted in a product of the joint drafting efforts of both Parties. Neither Party is solely or independently responsible for the preparation or form of this Agreement. Therefore, any ambiguities or uncertainties are not to be construed against or in favor of either Party.
SECTION 13. APPLICABLE LAW.
This Agreement shall be construed and enforced in accordance with the laws of the State of California.
SECTION 14. SUBSEQUENT LAWS ORJUDICIAL ACTION.
The provisions of this Agreement shall, to the extent feasible, be modified or suspended as may be necessary to comply with any new law or decision issued by a 16 83
court of competent jurisdiction, enacted or made after the effective date which prevents or precludes compliance with one or more provisions of this Agreement. Immediately after enactment of any such new law, or issuance of such decision, the parties shall meet and confer in good faith to determine the feasibility of any such modification or suspension based on the effect such modification or suspension would have on the purposes and intent of this Agreement.
SECTION 15. COOPERATION IN EVENT OF LEGAL CHALLENGE.
In the event of any legal or equitable action or other proceeding instituted by any third party (including a governmental entity or official) challenging the validity of any provision of this Agreement or the potential subsequent Project Development Approvals, should any be obtained, the Parties hereby agree to cooperate in defending said action or proceeding.
SECTION 16. HOLD HARMLESS.
Developer hereby agrees to, and shall defend, save and hold City and its elected and appointed boards, commissions, officers, officials, employees, agents and contractors, harmless from, any and all claims, demands, actions, proceedings, costs and expenses incidental thereto (including costs of defense, settlement and reasonable attorneys' fees) and liability for any damages, personal injury or death, which may arise, directly or indirectly, from Developer's or Developer's contractors', subcontractors‘, agents or employees' operations under this Agreement, whether such operations be by Developer or by any of Developer‘s contractors, subcontractors, agents or employees.
SECTION 17. INDEMNIFICATION.
Developer shall defend, indemnify and hold harmless the City, its elected and appointed officials, boards, commissions, officers, officials, employees, agents and contractors ("City Parties") against and from any and all liabilities, demands, claims, actions or proceedings and costs and expenses incidental thereto (including costs of defense, settlement and reasonable attorneys' fees), which any or all of them may suffer, incur, be responsible for or pay out as a result of or in connection with any challenge to the legality, validity or adequacy of any of the following: (i) this Agreement and the concurrent and subsequent permits, licenses and entitlements approved for the Project or Property; (ii) the Mitigated Negative Declaration prepared in connection with approval of Tentative Tract Map No. 14525; and (iii) the proceedings undertaken by the City in connection with the adoption or approval of any of the above. In the event of any legal or equitable action or other proceeding instituted by any third party (including a governmental entity or official) challenging the validity of any provision of this Agreement or any portion thereof as set forth herein, the Parties shall mutually cooperate with each other in defense of said action or proceeding. Notwithstanding the above, the City, at is sole option, may tender the complete defense of any third party challenge as described herein. In the event the City elects to contract with special counsel to provide for such a defense, the City shall meet and confer with Developer regarding the selection of counsel, and Developer shall pay all costs related to retention of such counsel. Notwithstanding 17 84
the terms and provisions of this Section set forth above, Developer shall not be required to indemnify City Parties for any claims for damages, just compensation, restitution, judicial or equitable relief for which Developer has any indemnity obligations under this Agreement, to the extent that such claim for damages, just compensation, restitution, judicial or equitabie relief arises from the sole negligence or willful misconduct of the City and/or any of the City Parties.
SECTION 18. NOTICES.
All notices under this Agreement shall be in writing and shall be deemed delivered when personally received by the addressee, or withinthree (3) calendar days after deposit in the United States mail by registered or certified mail, postage prepaid, return receipt requested, to the following parties and their counsel at the addresses indicated below; provided, however, if any Party to this Agreement delivers a notice or causes a notice to be delivered to any other Party to this Agreement, a duplicate of that Notice shall be concurrently delivered to each other Party and its respective counsel.
To City: City of Victorviile
Attention: City Manager
14343 Civic Drive
P.O. Box 5001
Victorville, California 92393-5001
With a copy to: Green de Bortnowsky, LLP
Attention: City Attorney
30077 Agoura Court, Suite 210
Agoura Hills, CA 91301
To Developer: SLPR, L.L.C.
Attn: Leo R. Beus
701 N. 44“1Street
Phoenix, AZ 85008
With a copy to: Beus Gilbert McGroder PLLC
Attn: Patrick E. Sovereign
701 N. 44‘hStreet
Phoenix, AZ 85008
Notice given in any other manner shall be effective when received by the addressee. The addresses for notices may be changed by notice given in accordance with this provision. 18 85
SECTION 19. EXHIBITS.
19.01 Designation of Exhibits. The reference to a specified Exhibit in this Agreement is a reference to a certain one of the exhibits listed below, as determined by the accompanying letter designation. All exhibits are deemed incorporated by reference into this Agreement.
Exhibit Designation Descrigtion
Exhibit “A” Property Legal Description
Exhibit “B” Scope of Development
Exhibit “C” Existing Land Use Ordinances
Exhibit “D” DevelopmentApprovals
19 86
SECTION 20. SEVERABILITY.
if any term, provision, covenant or condition of this Agreement is held by a court of competentjurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall continue in full force and effect, unless enforcement of this Agreement as so invalidated would be unreasonable or grossly inequitable-under all the circumstances or would frustrate the purposes of this Agreement.
SECTION 21. RECORDATION.
In order to comply with Section 65868.5 of the Development Agreement Statute and Article 19, the Parties do hereby direct the City Clerk to cause a copy of this Agreement to be recorded with the County Recorder of the County, within ten (10) days after the Effective Date.
SECTION 22. ENTIRE AGREEMENT.
This Agreement and the Exhibits attached hereto contain all the representations and the entire agreement between the parties with respect to the subject matter hereof.
Except as otherwise specified in this Agreement and the Exhibits hereto, any prior correspondence, memoranda, agreements, warranties or representations are superseded in total by this Agreement and Exhibits hereto.
SECTION 23. COUNTERPARTS.
This Agreement may be executed in duplicate counterpart originals, each of which isdeemed to be an original, and all of which when taken together shall constitute one and the same instrument.
[The remainder of this page intentionally left blank]
20 87
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the dates written below above.
CITY OF VlCTORVlLLE SLPR, L.L.C., an Arizona limited
liability company
By: By: Paxton, Inc., an Arizona corporation
Debra Jones, Mayor Its: Manager
Date:
By:—
ATTEST: Patrick E. Sovereign
Its: Vice President
By:
Jennifer Thompson, City Clerk Date:
Date: I
APPROVED AS TO FORM:
By:
Andre de Bortnowsky, City Attorney
RISK MANAGEMENT
By:
Lee Brown, Risk Manager
[SIGNATURES MUST BE NOTARIZED]
21 88
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89 CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 1800 FEET, THE LONG CHORD OF SAID NON-TANGENT CURVE BEARS NORTH 13° 25' 45" WEST, A DISTANCE OF 463.82 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 14” 48' 03", AN ARC DISTANCE OF 464.98 FEET (DEED RECORD 14° 48' 17", A DISTANCE OF 465.10 FEET); THENCE NORTH 5° 39' 56" WEST, 1062.18 FEET (DEED RECORD NORTH 6° 01' 37" WEST, 1061.72 FEET)
TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 1800 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF11° 05' 57",A DISTANCE OF 348.69 FEET; THENCE NORTH 16° 45' 53" WEST, 406.58 FEET (DEED RECORD NORTH 17° 07' 33" WEST, 406.08 FEET) TO THE BEGINNING OFA TANGENT CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 1800 FEET; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 0° 26' 18", AN ARC DISTANCE OF 15.23 FEET; THENCE LEAVING SAID CENTER LINE OF SAID STODDARD WELLS ROAD, 100 FEET WIDE, ON A RADIAL BEARING OF SOUTH 73° 42' 25" WEST, FOR A DISTANCE OF 50 FEET TOA POINT ON THE WESTERLY RlGHT-OF-WAY LINE OF
ABOVE SAID STODDARD WELLS ROAD, SAID POINT BEING THE TRUE POINT OF BEGINNING. ‘
EXCEPTING THE WESTERLY 50 FEET OFTHE ABOVE SAID STODDARD WELLS ROAD, 100 FEET WIDE, AS RESERVED BY HAZLETTE. ANDERSON AND ORTRUD CECELIA ANDERSON IN DEED RECORDED IN BOOK 7759, PAGE 56, OFFICIAL RECORDS.
ALSO EXCEPTING THAT PORTION OF THE WEST 1/2 OF SAID SECTION 3, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTH LINE OF SECTION 3 WHICH IS 370 FEET EAST OF THE SOUTHWEST CORNER THEREOF; THENCE NORTHWESTERLY INA
STRAIGHT LINETO A POINT ON THE WEST LINE OF SAID SECTION WHERE SAID STRAIGHT LINE WOULD INTERSECT THE SAME EXACTLY1600 FEET FROM THE POINT OF BEGINNING; THENCE SOUTH TO THE SOUTHWEST CORNER OF SAID SECTION; THENCE EAST 370 FEET TO THE POINT OF BEGINNING.
PARCEL 2: (APN: 0473-181—27-0-000)
PARCEL 1 AS SHOWN ON THAT CERTAIN PARCEL MAP NO. 15883 FILED IN THE
OFFICE OF THE RECORDER OF THE COUNTY OFSAN BERNARDINO, STATE OF CALIFORNIA ON NOVEMBER 14, 2002, IN BOOK 197 OF MAPS PAGES 32-39 90 EXHIBIT “B"
SCOPE OF DEVELOPMENT
A 319 LOT SINGLE FAMILYRESIDENTIAL SUBDIVISION (TENTATIVE TRACT MAP 14525) WITHIN A PLANNED UNIT DEVELOPMENT (PUD-09-001), AS DEPICTED IN THE FOLLOWING MAP:
m m cm of mum. mm of sun mm. sun or cum
TENTATIVETRACTMAP14525
II
HunIIIIIInluulInnuuuuln
IIIIIIIIIIIIIIIIIIIllllllllllillllllillllllllllllllllllilllllllllllllll
.
unmwm—u
91 92
EXHIBIT “C”
EXISTING LAND USE ORDINANCES
Ordinance No. 2241 - Planned Unit Development (PUD-09-001), as amended by Ordinance No. 2356;
All applicable Victorville Municipal Code sections and Land Use Ordinances (as defined in Section 3.14 of this Agreement) in effect as of the Effective Date of this Agreement 93 EXHIBIT “D"
DEVELOPMENT APPROVALS
The land use entitlements and approvals which have concurrently herewith or heretofore been granted by the City forthe Project as of the Effective Date are as follows:
Tentative Tract Map No. 14525, Case PLN07-OO123, Case PLN16-0010, and PLAN19- 00024
94 ..m‘m Item Number:4
City Council / Board of Directors
Consent Calendar
Meeting of: July 19, 2022
Submitted By:
Jennifer Thompson, City Clerk -\
Subiect:
Second Reading of Ordinance No. 2430
Recommendation:
That the City Council adopt, by second reading, Ordinance No. 2430 allowing a Development Agreement for a term of one year, case PLAN22-OOO12, between the City of Victorville and SLPR, LLC in connection with Tentative Tract Map 14525, A 319 lot single family residential subdivision that was previously approved and environmentally assessed.
Fiscal ImQact:
There is no fiscal impact as a result of this action.
Discussion:
At the Regular City Council meeting held on June 21, 2022, the City Council, unanimously voted to introduce Ordinance No. 2430, allowing a Development Agreement for a term of one year, case PLAN22-OOO12, between the City of Victorviile and SLPR, LLC in connection with Tentative Tract Map 14525, A 319 lot single family residential subdivision that was previously approved and environmentally assessed.
This ordinance is being presented for adoption and once adopted, will become effective August 19, 2022.
Attachments: A. Ordinance No. 2430
95 v" .- ‘ .w \\
[am 0’4 Item Number: 2
City Council I Board of Directors
Public Hearingts)
Meeting of: June 21, 2022
Submitted By:
Scott Webb, City Planner
Subiect:
A Development Agreement to allow for a one year extension of time for Tentative Tract Map 14525, a 319-lot single family residential subdivision that was previously approved and environmentally assessed located west of and abutting Stoddard Wells Road, south of Interstate 15, and approximately 2000 feet north of D Street - Applicant, SLPR, LLC Recommendation:
That the Honorable City Council:
(1) Open and conduct a Public Hearing;
(2) Close the Public Hearing;
(3) Introduce Ordinance No. 2430 for adoption and first reading by title only for the Development Agreement between the City of Victorville and SLPR, LLC; and (4) Waive further reading in full of proposed Development Agreement Ordinance No. 2430.
Fiscal lmQact:
There is no fiscal impact associated with this action.
Background:
At a regular meeting held‘ June 8, 2022, the Planning Commission recommended City Council approval of the subject Development Agreement (Planning Case No. PLAN22- 00012) by a vote of 4-0 (with one Commission absent) and making all findings required by Section 16—3.19.030(a) of the Victorville Municipal Code.
SLPR, LLC is the owner of an approved 319-lot single family tentative tract map (Attachment B) and is seeking approval of the Development Agreement to delay the expiration date of the subject tentative tract map for one year in order to allow for the recordation of the subject map. The subject map is located withiri undeveloped Planned Unit Development PUD-09-001, which was originally approved in 2009 and updated in 96 2016 to allow for single family residential lots not less than 5,000 square feet in size. The subject Planned Unit Development includes requirements for additional community. amenities (e.g. ciubhouse, swimming pool, & parks) and updated development standards that will provide a unique and alternative singie—familyresidential subdivision that is superior to typical residential subdivisions. Although the site has been previously disturbed from agricultural uses on-site, the location is currently vacant and unused.
Tentative Tract Map 14525 is currently set to expire on July 7, 2022, and the subject map has expended all other administrative extensions permitted by the Subdivision Map Act, excepting for the proposed Development Agreement. As noted below, the tentative tract map was provided 9 years of approvals by the City'(Origina| Approval + two separate 3- Year Time Extensions = 9 Years) as well as 4 additional years of legislative extensions.
The table below provides a timeline of the map’s history of approvals and time extensions:
. TRACT 14525 APPROVAL / EXPIRATION INFORMATION
Activity Effective Date Extension Expiration Date
Pefiod
PLN07-00123 Original Approval July 7, 2009 N/A July 7, 2012 CA Assembly Bill208 July 7, 2012 2 years July 7, 2014
CA Assembly Bill116 July 7, 2014 2 years July 7, 2016
3—YearTime Extension
(Case No. PLN16-00010)
3—YearTime Extension
(Case No. PLAN19-00024)
July 7, 2016 3 years July 7, 2019
July 7, 2019 3 years July 7, 2022
Discussion:
Purpose of Development Agreement
A Development Agreement (DA) is a negotiated contract between the developer and the City that sets forth the responsibilities and obligations of each party. DAs offer developer’s substantial assurance that their project can be completed "in accordance with existing policies, rules and regulations, and subject to conditions of approval” (Gov't Code Section 65864(b)) for a defined time frame. It is not uncommon for developers of master planned communities (Specific Plans or Planned Unit Developments) to seek the approval of a DA, given the potential lack of certainty without a DA could result in a waste of resources, escalate cost, and discourage investment in these types of comprehensive planning projects.
SLPR, LLC is requesting approval of the DA solely as a way to extend the life of the tentative map for a one year period while they actively pursue recordation of all phaSes of the project. As noted in the “Background" section of this report, the subject map has already received the maximum 6 years of extensions afforded by California Government Code Section 66452.6(e) as well as 4 additional years of extensions via California Assembly Bills 208 & 116 and is currently set to expire on July 7, 2022 unless further action is taken to keep the tentative map active. Section 66452.6(a) of the California Government Code allows tentative maps subject to a DA to be extended beyond the 6 97 year period for the term specified in such agreement. Given that the proposed DA Ordinance, if approved, will not go into effect until after the July 7, 2022 expiration date, SLPR, LLC will need to submit a separate application before July 7, 2022 that automatically extends the current tentative map for up to 60 additional days in accordance ' with Gov’t Code Section 66452.6(e).
Required Findings
In accordance with the Section 16-3.19.030(a)‘ of the Victorville Municipal Code (V.M.C.), the Planning Commission found that the subject proposal:
(1) Isconsistent with the objectives, policies, general land uses and programs specified in the General Plan and any applicable specific plan;
(2) Is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the real property is located; (3) Is inconformity with public convenience, general welfare and good land use practice; (4) Willnot be detrimental to the health, safety and general welfare; and (5) Willnot adversely affect the orderly development of property.
Inasmuch as the above findings are required by the V.M.C., the Planning Commission made the noted findings based upon consistency with the applicable components of the General Plan (e.g. Land Use Element), compliance with the development standards outlined in the underlying Planned Unit Development (PUD-09-001), preservation of entitlements for a residential project, and the limited scope of the DA request (1-yeartime extension).
Therefore, at the recommendation of the Planning Commission in accordance with Section 16-3.19.030(a) of the V.M.C., the subject DA is presented for approval by the City Council, which requires the adoption of Ordinance No. 2430 pursuant to Section 16-
3.19.030(b) of the V.M.C.
Attachments: A. Ordinance No. 2430 (DevelopmentAgreement) B. Approved Tentative Tract Map
C. Aerial Image
D. Background Information from Planning Commission's June 8, 2022, Meeting —Executive Summary, Excerpt Minutes, & Staff Report
98 'Vélleywide Newspapers, LLC
Apple Valley News Hesperia Resorter ‘ ' Adelanto Bulletin County Legal Reporter P.O, Box 1147 R0. Box 400937 18026 Jonathan St Unit D 15447 Anacapa Rd 21940 Hwy 18 Unit B 16925 Main St. Adelanto, CA 92301 Ste. 200 UnitA Apple Valley, CA 92307 Hesperia CA 92345 (760)249-6822 \fictorville, CA 92392 (760)242-1930 (760)244-0021 AdjudlcatlonNot (760)24343022 AdjudicationNo?69754 AdjudicafionNO_114788 vcvooezzz&vcvo12959 AdjudicationNotvcvo19015 Main Accounting Office: P,_O.Box'400937, Hesperia, CA 92340
PROOF OF PUBLICATION
(2015.5 C.C.P)
STATE OF CALIFORNIA,
County of San Bernardino
I am a citizen of the United Statesand a resident »
of the County aforesaid; I am over the age of eight— .
een years and not a party to or interested in the
above—entitled matter. I amthe principal clerk of the
printer of the:
ADELANTOBULLETIN
APPLE VALLEYNEWS
HESPERIA RESORTER
*COUNTYLEGALREPORTER
newspapers of general circulation published every
Thursday or Friday in Adelanto, Apple Valley,
Hesperia, or Victorville, California, County of San
Bernardino, and which newspapers have been
adjudged newspapers of general circulation by the
Superior Court of the County of San Bernardino,
State of California, under the dates of : ADELAN-
TO BULLETIN: July 11, 1995, Case Number
VCV012959, and for the City of Adelanto, Case
Number VCV006222; APPLE VALLEY NEWS: -
January 13. 1997, Case Number 69754, Case
Number VCV011254; HESPERIA RESORTER:
July 23, 1997, Case Number 114788; COUNTY
LEGAL REPORTER: March 30, 1998 Case
Number VCVO19015; that the notice, of which the
annexed is a printed copy (set in type not smaller
than non-pareil), has been published in each regu- '
lar and entire issue of said newspapers and not in
any supplement thereof on the following dates, to
wit:
July 22I 2022
all in the year of 2022 >
I certify (or declare) under penalty of perjury A
that the foregoing is true and correct.
Dated at Hesperia,
California, this 22nd day of July, 2022
WWWSignature
This space is for the County Clerk’s Filing Stamp
Proof of Publication of
NOTICE OF ADOPTION OF
ORDINANCENO. 2430
NOTICE IS HEREBY GWEN that a
public hearing was held betare the
pityCounciloftheCitya!Vimarvmeon June21.2022tohearargumenbtor or againstme lntmductiunand adoption of me talinwtngordlnance:
Ordinance No. 2430 entitled:
'AN ORDINANCE OF THE ClTV
COUNCIL OF THE CITY OF VIC-
TORVILLE, CALIFORNIA, ALLOW-
‘ING A DEVELOPMENT AGREE-
MENTFDR ATERM OF ONE YEAR.
CASE PLANZZ—ODMZ.BETWEEN
THE CITY OF VICTORVILLE AND
SLPR. LLC. AN ARIZONALIMITED
LIABILITYCOMPANY.IN CONNEC-
TIONWITHTENTATIVETRACTMAP
14525. A 319 LOT SINGLE FAMILY
RESIDENTIAL SUEDNISION THAT
WAS PREVIOUSLY APPROVED
AND ENVIRONMENTALLY
'ASSESSED
OrdinanceNo.2430wasdulyadopt-
ed at a meeting held on July 19, 2022
tbytheloflnwingrollcallvote:
AYES: Mayo! Jones,
CouncilmembelsBeoerraGnmazand
Irving
NOES: None
ABSENT:None
(ABSTAIN:Nona‘A certifiedcopyat OrdinanceNo.12430IspastedInmeomenolthaCityClerkand Is available[or public inspection at 14343 Clvic Drive,
tVlctorvllla,Califomla,pursuanttoSanian359:1:of the GovernmentCode of the Siam 0! California.Coplssmayalso be requestedby emailing the City clerk's Office at city—
[email protected]:July 22.2022
CITY CLERK OF THE ClTY OF VIC-
TORVILLE
JennflerThnmpsun
‘Jannilel Thompson, City Clerkl
‘PuhiisheflIn the county LngalRaomrmzlzozz IVCL.1059
99 PROOF OF PUBLICATION
(2015.5C.C.P.)
STATE OF CALIFORNIA,
Countyof San Bernardino '
I am a citizen of the United States and a
resident of the County aforesaid; I am
over the age of eighteen years, and not a
party to or interested in the above entitled
matter. I am the principal clerk of the
publisher of the DAILY PRESS, a
newspaper of general circulation,
published in the City of Victorville, County
of San Bernardino, and which newspaper
has been adjudicated a newspaper of
general circulation by the Superior Court
of the County of San Bernardino, State of
California, under the date of November 21,
1938, Case number 43096, that the
notice, of which the annexed is a printed
copy (set in type not smaller than
nonpareil), has been published in each
regular and entire issue of said newspaper
and not in any supplement thereof on the
following dates, to-wit:
June 10
All in the year 20;.
I certify (or declare) under penalty of
perjury that the foregoing is true and
correct.
Dated this: 10th day of June, 20;.
Signature
Janet Baldwin
This space is the County Clerk's Filing
Stamp
RECEIVED
JUN1 3 1021
FINANCE
Proof of Publication of
NOTICE OF PUBLIC HEARING
VICTORVILLE CITY COUNCIL
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100
PLANNING COMMISSION
ATTACHMENT D
Aerial Image
101
CASE: PLAN23-00013
Case: PLAN23-00013
Printed: July 5, 2023
Author: Alex Jauregui, Assistant City Planner
Disclaimer: This map is to used for visual reference only.
Sources are available upon request.
E ST
FIRST ST
STODDARD WELLS RD
I 15 FWY
MANA RD
I 15 ONRP
FRONTAGE RDµ
Path: \\covchusers\MyDocuments2$\ajauregui\Documents\ArcGIS\PC Graphics\PC Slideshow.aprx Copyright nearmap 2015 0 840 1,680420
Feet
Project Site
Overall Site
Case Type: Development Agreement Amendment
Existing Zoning: PUD
Project Area: 74 Acres
Location: West of Stoddard Wells Road & South of
Interstate 15
Assessor Parcel Number(s): 0473-163-06 &
0473-163-27
Public Hearing Date: July 12, 2023
102
CITY COUNCIL
ATTACHMENT E
Aerial Image
CASE: PLAN23-00013
Case: PLAN23-00013
Printed: July 5, 2023
Author: Alex Jauregui, Assistant City Planner
Disclaimer: This map is to used for visual reference only.
Sources are available upon request.
E ST
FIRST ST
STODDARD WELLS RD
I 15 FWY
MANA RD
I 15 ONRP
FRONTAGE RDµ
Path: \\covchusers\MyDocuments2$\ajauregui\Documents\ArcGIS\PC Graphics\PC Slideshow.aprx Copyright nearmap 2015 0 840 1,680420
Feet
Project Site
Overall Site
Case Type: Development Agreement Amendment
Existing Zoning: PUD
Project Area: 74 Acres
Location: West of Stoddard Wells Road & South of
Interstate 15
Assessor Parcel Number(s): 0473-163-06 &
0473-163-27
Public Hearing Date: July 12, 2023
Item Number: 2
City Council / Board of Directors
Public Hearing(s)
Meeting of: August 15, 2023
Submitted By:
Scott Webb, City Planner
Subject:
An Amendment to the Victorville Municipal Code with an Environmental Exemption Introducing Various Updates to Title 16 Including, but not Limited to, Standards for Off- street Parking Facilities for Recreational Vehicle Parking and Parking Stalls Abutting Obstructions, and Updates to Accessory Dwelling Unit Standards and the Addition of Junior Accessory Dwelling Allowances in Accordance with State Law.
Recommendation:
That the Honorable City Council conduct a public hearing, receive public testimony, and take the following actions:
1) Find the Victorville Municipal Code Amendment categorically exempt per CEQA Guidelines Section 15061(b)(3); and
2) Introduce Ordinance No. 2443 for adoption and first reading by title only to amend the Victorville Municipal Code; and
3) Waive a further reading in full of proposed Ordinance No. 2443.
Fiscal Impact:
There is no fiscal impact associated with this action.
Strategic Plan Goal:
Approval of proposed Ordinance No. 2443 will enable the City to further fulfill the following Goals outlined in the 2020-2023 Strategic Plan:
Goal C. Community and Economic Development – The proposed Development Code Amendments will work to enhance and persevere the community by eliminating recreational vehicle parking within front yards that diminish the aesthetic qualities of homes and streetscapes, while also reducing safety hazards caused by recreational vehicles located in a manner that block sidewalks.
3 2
5 0
Goal D. Reduce Homelessness – The proposed amendment relating to accessory dwelling units and junior accessory dwelling units will bring the City into compliance with State law and the adopted Housing Element, while providing additional housing options that provide a greater range of opportunities for different income levels. Increasing housing variety by allowing accessory dwelling units and junior accessory dwelling units provide additional options for homeless individuals or those at risk of homelessness.
Background:
The City of Victorville Planning Department typically processes amendments to Title 16 of the Victorville Municipal Code annually or as deemed necessary by the Planning Commission in order to comply with State law or update/revise the Victorville Municipal Code to address various land use issues and development standards. These types of amendments to Title 16 of the Victorville Municipal Code (known as the “Development Code”) are authorized by California Government Code Section 65850 and allow the City to adopt ordinances that regulate the use of land and buildings, establish requirements for off-street parking, etc. The Development Code memorializes the allowances provided by the California Government Code and codifies the procedures for amendment in Article 1 of Chapter 2 of the Development Code, titled “Amendments”, which requires a recommendation for adoption from the Planning Commission prior to consideration of an associated ordinance by the City Council.
The following proposal includes amendments to recreational vehicle parking standards on single-family lots that incorporates input received from the Planning Commission as well as adjustments to the City’s existing accessory dwelling unit allowances, which are not currently in compliance with current state law given various State Assembly and Senate bills that further mandate the local government to permit accessory dwelling units and junior accessory dwelling units. As included in the proposed amendment, the City’s recreational vehicle parking allowances within front yards would be removed (excepting for legally existing parking in front of 3 rd car garages) and accessory dwelling unit standards would be updated to comply with State law, as also required by the Housing Element of the City’s General Plan.
At a regular meeting held July 12, 2023, the Planning Commission recommended City Council approval of the subject Victorville Municipal Code Amendments (Planning Case No. PLAN23-00017) by a vote of 3-0 (with two Commissioners absent).
Discussion:
The proposed changes to the Development Code are discussed in the following synopsis of each Section and Subsection, the full text of which (including existing and deleted text) is located in proposed Ordinance No. 2443 (Attachment A). The proposed amendments update and revise the Development Code as follows:
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5 0
Victorville Municipal Code - Title 16
(Development Code)
Chapter 1 – Development Department
Article 3: - Definitions
Section 16-1.03.010: - Definitions
•Adds definitions in accordance with California Government Code for Accessory Dwelling Unit (ADU) and Junior Accessory Dwelling Unit (JADU).
Chapter 3 – Zoning and Land Use Requirements
Article 7: - Land Use and Special Requirements
Section 16-3.07.030(a) – Accessory uses and structures for residential – Accessory Dwelling Units.
•Updates existing regulations pertaining to Accessory Dwelling Units (ADU) in accordance with current state laws. Various State Assembly and Senate bills including AB 345, AB 3182, AB 881, AB 68, and SB 13 have been adopted since the City originally approved an ADU related ordinance in 2019.
Some of the updates included in this amendment are summarized below and are further explained in the most recent version of the Accessory Dwelling Unit Handbook produced by the California Department of Housing and Community Development (Attachment B).
oAllows for the establishment of a junior accessory dwelling unit (JADU), a unit no more than 500 square feet in size and contained entirely within a single-family residence. A JADU may include separate sanitation facilities or may share sanitation facilities with the existing structure. JADUs are subject to owner- occupancy requirements and must be rented for terms more than 30 days. oEliminates owner occupancy requirements for properties with ADUs, unless the property also includes a JADU. Limited exceptions to owner-occupancy requirements for a JADU exist when the property is owned by a governmental agency, land trust, or housing organization.
oEliminates a previous requirement to replace off-street parking lost by the creation of an ADU due to State law changes that prohibit this standard. oUpdates size requirements and development standards for detached and attached ADUs.
▪The maximum size for an attached, interior, or detached ADU with one bedroom or fewer is 850 square feet.
▪The maximum size for an attached, interior, or detached ADU with more than one bedroom is 1,000 square feet.
3 2
5 0
Article 8: - Residential Districts
Sec. 16-3.08.090(d)(2): - Single-family design guidelines - Driveways •Updates driveway design standards and includes new allowances for secondary drive approaches to allow for recreational vehicle access into a side or rear yard.
Article 21: - Off-street Parking
Section 16-3.21.050(a)(3): - Standards for off-street parking facilities – Size of Parking Facilities.
•Provides additional requirements for parking stalls to incorporate an additional one foot of stall width when adjacent to landscape planters or other obstructions such as carport support posts.
Section 16-3.21.050(b)(3): - Standards for off-street parking facilities – Location of Parking Facilities.
•Updates allowable parking locations for recreational vehicles (RVs) to prohibit parking within the front yard area, while also expanding allowances for parking within a street side yard as long as a recreational vehicle is behind a view obstructing fence and accessed through City approved paved access or a driveway approach. Additionally, this section provides allowances for the temporary parking of non-compliant RVs and memorializes the prohibition of RVs as living quarters. This change is in accordance with previous Planning Commission direction and will allow improved clarity and applicability of RV parking enforcement. An example of the proposed permitted and prohibited RV parking areas on single-family zoned lots is included in Attachment C.
Section 16-3.21.070: - Prohibited on-site parking
•Provides allowances for the parking of vehicles within the street-side yard when screened behind a five-foot tall wall or fence.
Attachments: A. Ordinance No. 2443 – Development Code Amendment B. California Department of Housing and Community
Development - Accessory Dwelling Unit Handbook
C. Permitted & Prohibited Recreational Vehicle Parking Areas D. Background Information from Planning Commission's July 12, 2023, Meeting - Executive Summary, Excerpt Minutes, & Staff Report
CITY COUNCIL
ATTACHMENT A
Ordinance No. 2443
Development Code Amendment
ORDINANCE NO. 2443
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VIC TORVILLE APPROVING AMENDMENT PLAN23-00017, AN AMENDMENT TO T HE
VICTORVILLE MUNICIPAL CODE WITH AN ENVIRONMENTAL EX EMPTION INTRODUCING VARIOUS UPDATES TO TITLE 16 INCLUDING BUT NOT LIMITED
TO STANDARDS FOR OFF-STREET PARKING FACILITIES FOR RECREATIONAL
VEHICLE PARKING AND PARKING STALLS ABUTTING OBSTRUCTIONS, AND
UPDATES TO ACCESSORY DWELLING UNIT STANDARDS AND THE ADDITION
OF JUNIOR ACCESSORY DWELLING ALLOWANCES IN ACCORDANCE WITH
STATE LAW
WHEREAS , Pursuant to Article XI, Section 7 of the Californ ia Constitution, the City of Victorville (“City”) is authorized to make and enforce within its limits all local, police, sanitary, and other ordinances and regulati ons not in conflict with general laws; and
WHEREAS , Pursuant to Title 7, Division 1, Chapter 4, Article 2, Section 65850 of the Government Code of the State of California, the City may adopt by ordinance regulations affecting: the use of buildings, struct ures and land; the location, height, bulk, and size of buildings and structures; and the size of lots, yards, courts and other open spaces; and
WHEREAS , Pursuant to Title 7, Division 1, Chapter 4, Article 2, Section 65850 of the Government Code of the State of California, the City has adopted Title 16, Chapter 2, Article 1, Section 16-2.01.010 of the Victorville Municipal Code, providing the authority to amend Title 16 of the Victorville Municipal Code and the various regulations, requirements, exceptions and guidelines located therein; and WHEREAS , pursuant to Section 16-2.01.020 of the Victorville Municipal Code, the City of Victorville Planning Department has initiat ed an amendment to the Victorville Municipal Code as in order to update and clarify re creational vehicle parking and access standards as requested by the Planning Commission, update accessory dwelling unit standards in accordance with State law, and make minor adjustments to off-street parking standards; and
WHEREAS , Pursuant to Title 7, Division 1, Chapter 4, Article 2 of the Government Code, State of California and Section 16-2.01.040 o f a Victorville Municipal Code, the Victorville Planning Commission held a public heari ng on July 12th, 2023, to hear arguments for and against the proposed amendments to Title 16 of the Victorville Municipal Code (the “Development Code”) and; after hearing al l testimony offered; the Victorville Planning Commission adopted Resolution No. P-23-012, which recommended to the City Council the adoption of Municipal Code amendments s pecified in Planning Case No.
PLAN23-00017; and
WHEREAS , the City Council finds that the proposed amendmen ts relating to off- street parking facilities will result in a more aes thetically pleasing community with more uniform and easily enforceable regulations; and
WHEREAS , the City Council finds that the proposed amendmen ts relating to Accessory Dwelling Unit regulations are necessary u pdates to bring the City’s Zoning Ordinance into conformance with State law and will result in: an expanded range of housing opportunities to meet the needs of people of all ag es, socio-economic status, family size,
and abilities to live in Victorville, as outlined in Objective C and its associated Policies within the Land Use Element of the General Plan; and ensure compliance with Proposed Program PP-A.1 outlined in the adopted Housing Element, whi ch requires compliance with State law; and
WHEREAS , the City Council finds that certain sections of t he Development Code must be updated to maintain consistency with the Housing and Land Use Elements of the General Plan most recently adopted by the City Council; and WHEREAS , the City Council finds that multiple notations will be updated with these amendments, which is pertinent in order to provide a Development Code that is clear, enforceable, and readable by the public and City staff; and WHEREAS , the City Council finds on their own independent j udgment that this project is exempt from the California Environmental Quality Act (CEQA) based upon CEQA Guidelines Section 15061(b)(3), as there is no possibility that the proposed amendment will have a significant effect on the environment inasmu ch as the proposed amendment: is aimed at improving parking standards within residential and non-residential areas that are subject to a separate environmental review during t heir initial development process; will bring the Victorville Municipal Code into conformance with existing State law surrounding accessory dwelling unit development, which are required to be approved ministerially and therefore exempt from CEQA; and will not modify exi sting codes in a manner that will negatively affect the environment; and
WHEREAS , Pursuant to Title 7, Division I, Chapter 4, Article 2 of the Government Code of the State of California and Section 16-2.01.060 of the Victorville Municipal Code, a duly noticed Public Hearing was held by the City Council on the 15th day of August, 2023 to hear arguments for and against the code amendments, and after hearing all verbal and written testimony offered, including the Planning C ommission’s recommendation and minutes, and after thoroughly reviewing and considering the code amendments, the City Council approved the recommendation of the Planning Commission; and WHEREAS , the City Council declares that, should any provis ion, section, paragraph, sentence or word of this ordinance be re ndered or declared invalid by any final court action in a court of competent jurisdic tion or by reason of any preemptive legislation, the remaining provisions, sections, pa ragraphs, sentences or words of this ordinance as hereby adopted shall remain in full force and effect.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF VIC TORVILLE DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Recitals
The recitals set forth above are true and correct, and are hereby incorporated by this reference as if set forth in their entirety.
Section 2. Certification
The City Clerk shall certify to the passage of this Ordinance and shall cause the same to be published according to law.
Section 3. Additions, Deletions, and Revisions of Various Sections of Title 16 to the Victorville Municipal Code
That Title 16 of the Victorville Municipal Code be amended as follows (with included legend defining existing, new, and deleted text by means of underscores, strikethroughs, and italicization for reference only):
Legend
Existing Text
Deleted Text
Revised Text
New Text
{Editing Notes}
Chapter 1: Development Department
Article 3: Definitions
Section 16-1.03.010: - Definitions
Dwelling Unit, Accessory
means an attached or a detached residential dwellin g unit that provides complete independent living facilities for one or more perso ns and is located on a lot with an existing primary residence or constructed concurren tly with a primary residence. It shall include permanent provisions for living, slee ping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated.
Dwelling Unit, Junior Accessory
means a unit that is no more than 500 square feet i n size and contained entirely within an existing or proposed single-family reside nce. A junior accessory dwelling unit may include separate sanitation facilities or may share sanitation facilities with the existing structure.
{Position new definitions in alphabetical order wit h existing definition table}
Chapter 3: Zoning and Land Use Requirements
Article 7: Land Use and Special Requirements
Section 16-3.07.030: - Accessory uses and structures for residential
(a) Accessory Dwelling Units
(1) Purpose. The purpose of this Section is to expa nd the variety of housing opportunities in the City of Victorville by impleme nting State Government Code Sections 65852.2 and 65852.22 (hereinafter "Section 65852.2", “Section 65852.22” or “Sections 65852.2 & 65852.22” ) as it they pertains to accessory dwelling units and junior accessory dwelling units . Implementation of these regulations will ensure that accessory dwelling uni ts and junior accessory dwelling units are located in areas where services are adequate t o support them and that accessory dwelling units are designed and maintained as a compatible and integral part of the City's resident ial zoning districts.
(2) Applicability.
i. In compliance with the provisions of Section 65852. 2, the provisions of this Chapter relating to accessory dwelling units shall apply to all lots that are occupied with an existing or proposed single-family or multi-family dwelling unit residential use and that is zoned residential or mixed-use . ii. In compliance with the provisions of Section 65 852.22, the provisions of this Chapter relating to junior accessory dwelling units shall apply to all lots that are occupied with an existing or proposed single-fa mily residential use that is zoned residential.
(3) General Standards.
i. Applications for accessory dwelling units and junior accessory dwelling units shall be approved or disapproved ministerially purs uant to the requirements of this Section within sixty days (60) one hundred twenty (120) days of a determination that the application is complete, unless additional time to act on the application allowed, as required permitted by Section s 65852.2(a)(3) or 65852.22(c) .
ii. The parcel upon which the an accessory dwelling unit or junior accessory dwelling unit is to be built shall comply with all development s tandards for the district in which it is located, excepting for those allowances provided by Sections 65852.2 and 65852.22 .
iii. An accessory dwelling unit may only be permitt ed on a lot zoned for residential or mixed-use on which there is already built, or proposed constructed concurrently with an accessory dwelling unit , a permitted single-family detached or multi-family dwelling (primary dwelling).
iv. A junior accessory dwelling unit may only be permit ted on a lot zoned for single-family residential uses on which there is already built, or constructed concurrently with an accessory dwelling unit, a per mitted single-family dwelling.
v. Accessory dwelling units within a mixed-used zone m ay only be permitted within the residential area of the zone and any com mercial or non- residential spaces, including any parking or storag e areas designated for non-residential use, shall not be converted into a accessory dwelling unit. vi. No more than one (1) accessory dwelling unit an d (1) junior accessory dwelling unit shall be permitted on any parcel or lot zoned for single-family residential use .
vii. At least (1) accessory dwelling unit within an exis ting multi-family dwelling but no more than 25 percent of the total number of existing multi-family dwellings on any developed parcel or lot zoned for multi-family or mixed-use shall be permitted; and not more than two (2) detac hed accessory dwelling units located on parcel or lot that has an existing multi-family dwelling on property zoned for multi-family or mixed-use shall be permitted. viii. The An accessory dwelling unit or junior accessory dwelling unit shall have adequate water supply pursuant to specifications of the Uniform Plumbing Code.
ix. Parcels on which an accessory dwelling unit is to be located must be connected to sewer, unless sewer is unavailable or unfeasible as determined by the city engineer in conjunction with a variance or other exemption from the sewer connection requirements.
x. On properties that include a junior accessory dwell ing unit, Eeither the primary dwelling unit or junior accessory dwelling unit must be occupied by the property owner , unless not otherwise required by Section 65852.22 . xi. The An accessory dwelling unit or junior accessory dwelling unit may be rented separate from the primary residence but may not be sold or otherwise conveyed separate from the primary reside nce , except for an accessory dwelling unit or primary dwelling that wa s built or developed by a qualified nonprofit corporation and is sold or conv eyed in accordance with State Government Code Section 65852.26 .
xii. The rental term for an accessory dwelling unit or junior accessory dwelling unit shall not be less than thirty (30) days.
xiii. The An accessory dwelling unit may be either attached or detached from the primary dwelling or converted from existing space within the primary dwelling; and a junior accessory dwelling unit shal l be constructed within the walls of a an existing or proposed single-family re sidence . xiv. Fire sprinkler s shall only be required in an accessory dwelling unit or junior accessory dwelling unit if required for the primary residential structure.
xv. At no time may the primary dwelling unit be convert ed to the extent that it becomes substandard in size as a single-family resi dence. Except that a one hundred fifty (150) square foot minimum maximum, efficiency unit with a partial kitchen or bathroom as authorized by Cali fornia Health and Safety Code Section 17958.1, shall be permitted upon any l ot containing a single- family residence and shall be considered an accesso ry dwelling unit. xvi Existing required covered parking for the primary r esidential structure shall not be converted to an accessory dwelling unit with out the concurrent replacement of the existing covered parking elsewhe re on the property in any configuration allowed under Section 65852.2(a)( 1)(D)(xi). xvi. Restrictive Covenant. Prior to the issuance of a b uilding permit for an junior accessory dwelling unit or as required by the Zoning Administrator , a restrictive covenant against the land, which is bin ding on the property owner and their successors in interest, shall be recorded with the office of the San Bernardino County Recorder, which specifies that th e following:
a. The use of the accessory dwelling unit as an ind ependent living space may continue only if one dwelling on the lot is occ upied by the property owner.
The sale of the junior accessory dwelling unit sepa rate from the sale of the single-family residence is prohibited.
b. The accessory dwelling unit may not be sold or o therwise conveyed separate from the primary residence.
The size and attributes of the junior accessory dwe lling unit shall not exceed the allowances provided Section 65852.22.
c. The property may only contain one (1) rented uni t with rental terms of not less than thirty (30) consecutive days.
Owner-occupancy shall be required in either the pri mary dwelling or the junior accessory dwelling unit.
(4) Attached Accessory Dwelling Unit Development St andards. Along with the general standards prescribed by subsection (3), the following development standards apply to attached accessory dwelling unit s:
i. The maximum size for an attached accessory dwell ing unit is: thirty (30) percent of the habitable floor area of the primary dwelling, not to exceed 1,200 square feet.
a. 850 square feet for accessory dwelling units wit h one bedroom or less; and
b. 1000 square feet for accessory dwelling units wi th more than one bedroom.
ii. No setbacks shall be required for an existing livin g or garage area within the primary dwelling that is converted to an accessory dwelling unit or to a portion of an accessory dwelling unit, and a setbac k of no more than four (4) feet from the side and rear lot lines shall be required for an accessory
dwelling unit not located within existing living or garage area of the primary dwelling.
iii. No height limit shall be required for an exist ing living or garage area within the primary dwelling that is converted to an access ory dwelling unit or to a portion of an accessory dwelling unit; however, any accessory dwelling unit that requires modification to existing building hei ght or that is not located within existing living or garage area of the primary dwell ing shall not exceed twenty-five (25) feet in height or the height limit ation of the underlying zone district that applies to the primary dwelling, whic hever is lower. iv. The accessory dwelling unit shall be architectu rally compatible with the design of the main dwelling and shall match with th e same colors and materials of the primary unit.
v. Independent access to the accessory dwelling unit is required and shall not be located on the same wall plane elevation as the access to the primary dwelling.
(5) Detached Accessory Dwelling Units. Along with t he general standards prescribed by subsection (3), the following develop ment standards apply to detached accessory dwelling units:
i. Detached accessory dwelling units are subject to the accessory structure setback, height and size standards specified in Tab le 8-1 of Section 16-
3.08.020.
The maximum size for a detached accessory dwelling unit is:
a. 850 square feet for accessory dwelling units wi th one bedroom or less; and
b. 1000 square feet for accessory dwelling units wi th more than one bedroom.
ii. An accessory dwelling unit may occupy all, or a portion, of an existing detached accessory structure meeting the architectu ral guidelines set forth in this chapter.
iii. The driveway serving the primary dwelling shal l be used to serve the accessory dwelling unit whenever feasible.
iv. The accessory dwelling unit may be metered sepa rately from the main dwelling for gas, electricity and water/sewer servi ces. v. The accessory dwelling unit shall be architectur ally compatible with the design of the main dwelling and shall match with th e same colors and materials of the primary unit.
vi. No setback shall be required for an existing ga rage accessory structure that is converted to an accessory dwelling unit or to a portion of an accessory dwelling unit with an existing setback of at least four (4) feet , and a setback of no more than five four (45) feet from the side and rear lot lines shall be
required for an new accessory dwelling unit that is constructed above a garage.
vii. No height limit shall be required for an exist ing accessory structure that is converted to an accessory dwelling unit or to a por tion of an accessory dwelling unit; however, any accessory dwelling unit that requires modification to existing accessory structure height or that is not located within an existing accessory structure shall not exceed si xteen (16) feet in height, except that an accessory dwelling unit may be permitted in excess of sixteen (16) feet in height as otherwise allowed for a single-story primary dwelling and not to exceed the height of the primar y dwelling or as permitted by CA Government Code Section 65852.2.
(6) Interior Junior Accessory Dwelling Units Standards. Internal Junior accessory dwelling units that meet all of the following requi rements are subject only to the general standards prescribed by subsection (3):
i. The junior accessory dwelling unit is contained within the ex isting walls and space of the primary dwelling or accessory structur e, including, but not limited to, a studio, pool house, or other similar structure. ii. The junior accessory dwelling unit has independent exterior access from the primary dwelling.
iii. The accessory dwelling unit has side and rear setbacks that are sufficient for fire safety.
The junior accessory dwelling unit includes an effi ciency kitchen, which at a minimum includes:
a. A cooking facility with appliances.
b. A food preparation counter and cabinets that are of reasonable size in relation to the size of the junior accessory dwelli ng unit. iv. The junior accessory dwelling unit does not con vert required parking for the primary residential structure located within an att ached garage without the concurrent replacement of the existing required par king within an enclosed garage elsewhere on the property in accordance with the size, placement, and design standards of the Development Code.
v. The junior accessory dwelling unit is architectu rally compatible with the design of the main dwelling and includes the same e xterior colors and materials of the primary unit.
Chapter 3: Zoning and Land Use Requirements
Article 8: Residential Districts
Sec. 16-3.08.090: - Single-family design guidelines
(d) Site and building design
(2) Driveways. Driveways should shall be designed to minimize the visual impact on the streetscape. The following design criteria s hall be utilized:
(i) Required Driveways
(i) 1. A primary driveway approach at property line shall not exceed eighteen (18) feet in width or be less than ten (10 ) nine (9) feet in width.
However, dwellings with a three car garage that fac es the street shall be allowed a driveway approach not to exceed twenty-fo ur (24) feet in width.
(ii) 2. Primary Ddriveways should be setback a minimum of two (2) fee t from an interior property line within the front yard are a in order to provide a separation from the neighbor's driveway with space for landscaping and drainage.
(iii) 3. The starting point to flare out a primary driveway in the direction of a garage or sideyard must start at or behind the prop erty line. (iv) 4. Primary D driveways shall lead to a garage and/or gated access on the side yard or rear yard .
(ii) Optional Secondary Driveways
1. A secondary driveway for side-yard or rear-yard rec reational vehicle access can be established and shall be installed pe r City standards not to exceed fourteen (14) feet in width. There shall be no flare out of secondary driveway.
2. Secondary driveways shall be setback a minimum of t wo (2) feet from a property line and shall be separated a minimum of f our (4) feet from an existing driveway.
3. Secondary driveways shall not impact: recorded non- vehicular access easements; maintenance assessment districts; existi ng utilities such as water meters, fire hydrants, and/or streetlights; o r minimum front yard landscaping requirements.
4. Placement of any secondary driveway on a corner lot shall only be permitted on the street side yard to limit impacts to existing curb ramps and shall not cross maintenance assessment district s or provide access from collector roadways or larger street designatio ns specified within the City’s General Plan Circulation Element.
Chapter 3: Zoning and Land Use Requirements
Article 21: Off-street Parking
Sec. 16-3.21.050: - Standards for off-street parking facilities
(a) Size of parking facilities shall be as follows:
(3) The size of parking spaces and aisle width for all nonresidential uses shall conform to the minimum dimension and access require ments as outlined in Figures 21-1, 21-2 and 21-3. All two-way drive aisl es shall be a minimum of twenty-six feet in width and one-way drive aisles s hall be a minimum of twelve feet in width unless otherwise noted in the noted figures. Parking spaces abutting walls and planters along the length of the space shall provide an add itional one- foot of width. Parking spaces abutting support posts for carport s tructures shall also provide for an additional one-foot of width, unless the support post is located at the perimeter of the parking stall(s) within the first 2.5-feet at the nose of the parking stall. Compact car parking spaces shall not be included w hen calculating required off-street parking. Compact car parking sp aces are permitted only in excess of required off-street parking. Compact car parking shall be located at the peripheral of the site and shall meet the compact c ar standards shown in Figure 21-2. In those instances where a compact car stall is immediately adjacent to a standard car stall, the compact car stall shall be nine feet in width. All compact car spaces shall be designed, located and clearly labeled on the required parking spaces plan. Each compact car stall shall have a st encil reading "COMPACT CAR ONLY," with a required height of eight inches, placed at its entrance.
(b) Location of parking facilities shall be as follows:
(3) Recreational vehicles can are allowed to be stored on any developed residential lot provided said recreational vehicles comply with the following standards :
(i) the required off-street parking areas are not utilized and access thereto is not obstructed Recreational vehicles shall not be located within f ront yard area extending across the full width of the lot between a main building and the front lot line ;
(ii) said rRecreational vehicles must be under the same ownersh ip as either the owner of the residential lot or the tenant; and
(iii) no parking occurs within the area located be tween the front and/or side property line and the primary plane of the building abutting any street; unless in a designated driveway that does not exceed the w idth of the garage Recreational vehicles shall be located behind a vie w obstructing fence, wall or gate. The fence, wall or gate shall be a minimum height of five (5) feet and shall be located between the stored recreation vehicle and street ; (iv) Recreational vehicles shall not be utilized as living quarters; and (v) Recreational vehicle storage locations permitte d by this Section shall be accessed by an approved driveway approach and paved access that complies with Section 16-3.08.090(d)(2) and Section 16-3.24.030(b)(2) of this
code.
Recreational vehicles under ownership by an individ ual or individuals other than the residents of the subject property may be stored on any lot not in compliance with subsection (3)(i) and (3)(iii) are permitted on a temporary basis not to exceed 72 hours, provided the vehicle is parked on a paved concrete surface and does not overhang into the public right-of-way. Additional time may be granted not to exceed a seven consecutive day perio d, provided so long as a permit is obtained from the Victorville Development Department and a with application fee is paid in accordance with the adopted fee sche dule to cover administrative costs. Said recreational vehicle sha ll not be stored more than twenty-one consecutive days per quarter annually. N o quarterly twenty-one-day periods, or portions thereof, shall run consecutive ly. Recreational vehicle parking in front of a third car garage that was legally par ked prior to the adoption of this code are permitted to remain in a legal non-conform ing status until such a time that a change in ownership of property or recreatio nal vehicle takes place at which point compliance with the standards herein shall be required .
Sec. 16-3.21.070: - Prohibited on-site parking
(a) There shall be no parking and/or storage of lar ge vehicles and/or heavy equipment in residential zone districts or on property used f or residential purposes. Large vehicles refer to tractor-trailers, 18-wheelers, or the cab portion and shall exclude all recreational vehicles.
(b) Parking of recreational vehicles shall comply w ith Section 16-3.21.050 of this code. (c) Parking of any vehicle, not otherwise regulated by this code, on a single-family residential lot shall be prohibited in the area loc ated between the front and/or side property line and the primary plane of the building abutting any street; unless in a designated driveway that leads to a garage or side yard, does not exceed the width of the garage or is located behind a legally permitted view obstr ucting wall or fence at least five-feet in height .
CITY COUNCIL
ATTACHMENT B
California Department of Housing and
Community Development
Accessory Dwelling Unit Handbook
CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY
DEVELOPMENT
ACCESSORY DWELLING UNIT
HANDBOOK
UPDATED JULY 2022
2 Table of Contents
Understanding Accessory Dwelling Units (ADUs) and Their Importance ........................... 3 Summary of Recent Changes to ADU Laws .......................................................................... 5 Frequently Asked Questions .................................................................................................. 9
1. Legislative Intent ............................................................................................................... 9
2. Zoning, Development and Other Standards .................................................................... 11 A) Zoning and Development Standards ......................................................................... 11 B) Size Requirements .....................................................................................................13 C) Parking Requirements ...............................................................................................15 D) Setbacks ....................................................................................................................16 E) Height Requirements ................................................................................................. 17 F) Bedrooms ...................................................................................................................17 G) Impact Fees ...............................................................................................................18 H) Ministerially Approved ADUs and Junior ADUs (JADUs) Not Subject to Local Standards 19 I) Nonconforming Zoning Standards ...............................................................................22 J) Renter- and Owner-Occupancy ..................................................................................22 K) Fire Sprinkler Requirements ......................................................................................23 L) Solar System Requirements .......................................................................................23
3. JADUs .............................................................................................................................24
4. Manufactured Homes .......................................................................................................25
5. Regional Housing Needs Allocation (RHNA) and the Housing Element ...........................25
6. Homeowners Associations ...............................................................................................26
7. ADU Ordinances and Local Agencies ..............................................................................27
8. Enforcement ....................................................................................................................28
9. Senate Bill (SB) 9 (2021)……………………… ……………………………………………...28
10. Funding……………………………………………………………………… ………………...29
Resources ............................................................................................................................... 30 Attachment 1: Statutory Changes (Strikeout/Italics and Underline) .....................................31 Attachment 2: ADU Resources ............................................................................................55 3 Understanding Accessory Dwelling Units
(ADUs) and Their Importance
California’s housing production is not keeping
pace with demand. In the last decade, fewer
than half of the homes needed to keep up with
the population growth were built. Additionally,
new homes are often constructed away from
job-rich areas. This lack of housing that meets
people’s needs is impacting affordability and
causing average housing costs, particularly for
renters in California, to rise significantly. As
affordable housing becomes less accessible,
people drive longer distances between housing
they can afford and their workplace or pack
themselves into smaller shared spaces, both of
which reduce quality of life and produce
negative environmental impacts.
*******
Beyond traditional construction, widening the range of housing types can increase the housing supply and help more low-income Californians thrive. Examples of some of these housing types are accessory dwelling units (ADUs – also referred to as second units, in-law units, casitas, or granny flats) and junior accessory dwelling units (JADUs).
What is an ADU?
An ADU is accessory to a primary residence and has complete independent living facilities for one or more persons and has a few variations:
• Detached: The unit is separated from the primary structure. • Attached: The unit is attached to the primary structure. • Converted Existing Space: Space (e.g., master bedroom, attached garage, storage area, or similar use, or an accessory structure) on the lot of the primary residence that is converted into an independent living unit. • JADU: A specific type of conversion of existing space that is contained entirely within an existing or proposed single-family residence.
4 ADUs tend to be significantly less expensive to build than new detached single-family homes and offer benefits that address common development barriers, such as environmental quality.
Because ADUs must be built on lots with existing or proposed housing, they do not require paying for new land or other costly infrastructure often required to build a new single-family home. Because they are contained inside existing or proposed single-family homes, JADUs require relatively modest renovations and are much more affordable to complete. ADUs are often built with cost-effective one- or two-story wood frames, which are also less expensive than other construction types. Additionally, prefabricated ADUs (e.g., manufactured housing and factory-built housing) can be directly purchased and can further reduce construction time and cost. ADUs can provide as much living space as apartments and condominiums and work well for couples, small families, friends, young people, and seniors.
Much of California’s housing crisis comes from job-rich, high-opportunity areas where the total housing stock is insufficient to meet demand and exclusionary practices have limited housing choice and inclusion. Professionals and students often prefer living closer to jobs and amenities rather than spending hours commuting. Parents often want better access to schools and do not necessarily require single-family homes to meet their housing needs. There is a shortage of affordable units, and the units that are available can be out of reach for many people. Homeowners can construct an ADU on their lot or convert an underutilized part of their home into a JADU. This flexibility benefits both renters and homeowners, who can receive extra monthly rental income while also contributing to meeting state housing production goals.
ADUs also give homeowners the flexibility to share independent living areas with family members and others, allowing seniors to age in place, even if they require more care, thus helping extended families stay together while maintaining privacy. ADUs provide housing for family members, students, the elderly, in-home health care providers, individuals with disabilities, and others at below market prices within existing neighborhoods.
New policies are making ADUs even more affordable to build, in part by limiting the development impact fees that local jurisdictions may charge for ADU construction and relaxing local zoning requirements. ADUs and JADUs can often be built at a fraction of the price of a new single-family home, and homeowners may use their existing lot to create additional housing. Often the rent generated from the ADU can pay for the entire project in a matter of years.
ADUs and JADUs are a flexible form of housing that can help Californians more easily access job-rich, high-opportunity areas. By design, ADUs are more affordable to renters and can provide additional income to homeowners. Local governments can encourage the development of ADUs and improve access to jobs, education, and services for many Californians. 5 Summary of Recent Changes to ADU Laws
In Government Code Section 65852.150, the
California Legislature found and declared that,
among other things, allowing ADUs in zones that
allow single-family and multifamily uses provides
additional rental housing and is an essential
component in addressing California’s housing
needs. Over the years, State ADU Law has been
revised to improve its effectiveness at creating
more housing units. Changes to State ADU Law
effective January 1, 2021, further reduce barriers,
streamline approval processes, and expand
capacity to accommodate the development of
ADUs and JADUs. Within this context, the
California Department of Housing and
Community Development (HCD) developed –
and continues to update – this handbook to assist local governments, homeowners, architects, and the general public in encouraging the development of ADUs. Below is a summary of recent legislation that amended State ADU Law. Please see Attachment 1 for the complete statutory
changes.
AB 345 (Chapter 343, Statutes of 2021)
AB 345 (Chapter 343, Statutes of 2021) builds upon recent changes to State ADU Law, particularly Government Code sections 65852.2 and 65852.26, to require the allowance of the separate conveyance of ADUs from the primary dwelling in certain circumstances, provided they meet certain conditions, including those listed below, found in Government Code section 65852.26, subdivisions (a)(1-5):
• The ADU or primary dwelling was built or developed by a qualified nonprofit. (Gov. Code, § 65852.26, subd. (a).)
• There is an enforceable restriction on the use of the property between the low-income buyer and nonprofit that satisfies the requirements of Section 402.1 of the Revenue and Taxation Code. (Gov. Code, § 65852.26, subd. (a)(2).)
• The entire property is subject to the affordability restrictions to assure that the ADU and primary dwelling are preserved for owner-occupied, low-income housing for 45 years and are sold or resold only to a qualified buyer. (Gov. Code, § 65852.26, subd. (a)(3)(D).) • The property is held in a recorded tenancy in common agreement that meets certain requirements. (Gov. Code, § 65852.26, subd. (a)(3).)
AB 345 does not apply to JADUs, and local ordinances must continue to prohibit JADUs from being sold separately from the primary residence.
6 AB 3182 (Chapter 198, Statutes of 2020)
AB 3182 (Chapter 198, Statutes of 2020) builds upon recent changes to State ADU Law, specifically Government Code section 65852.2 and Civil Code Sections 4740 and 4741, to further address barriers to the development and use of ADUs and JADUs.
This legislation, among other changes, addresses the following:
• States that an application for the creation of an ADU or JADU shall be deemed approved (not just subject to ministerial approval) if the local agency has not acted on the completed application within 60 days. (Gov. Code, § 65852.2, subd. (a)(3).) • Requires ministerial approval of an application for a building permit within a residential or mixed-use zone to create one ADU and one JADU per lot (not one or the other), within the proposed or existing single-family dwelling, if certain conditions are met. (Gov. Code, § 65852.2, subd. (e)(1)(A).)
• Provides for the rental or leasing of a separate interest ADU or JADU in a common interest development, notwithstanding governing documents that otherwise appear to prohibit renting or leasing of a unit, and without regard to the date of the governing documents. (Civ. Code, § 4740, subd. (a), and Civ. Code, § 4741, subd. (a).) • Provides that not less than 25 percent of the separate interest units within a common interest development be allowed as rental or leasable units. (Civ. Code, § 4740, subd. (b).)
AB 68 (Chapter 655, Statutes of 2019), AB 881 (Chapter 659, Statutes of 2019), and SB 13 (Chapter 653, Statutes of 2019)
AB 68 (Chapter 655, Statutes of 2019), AB 881 (Chapter 659, Statutes of 2019), and SB 13 (Chapter 653, Statutes of 2019) build upon recent changes to ADU and JADU Law, specifically Government Code sections 65852.2 and 65852.22, and further address barriers to the development of ADUs and JADUs.
This legislation, among other changes, addresses the following:
• Prohibits local agencies from including in development standards for ADUs requirements on minimum lot size. (Gov. Code, § 65852.2, subd. (a)(1)(B)(i).) • Clarifies that areas designated by local agencies for ADUs may be based on the adequacy of water and sewer services, as well as on impacts on traffic flow and public safety. (Gov. Code, § 65852.2, subd. (a)(1)(A).)
• Eliminates all owner-occupancy requirements by local agencies for ADUs approved between January 1, 2020, and January 1, 2025. (Gov. Code, § 65852.2, subd. (a)(6).) • Prohibits a local agency from establishing a maximum size of an ADU of less than 850 square feet, or 1,000 square feet if the ADU contains more than one bedroom and 7 requires approval of a permit to build an ADU of up to 800 square feet. (Gov. Code, § 65852.2, subds. (c)(2)(B) and (C).)
• Clarifies that when ADUs are created through the conversion of a garage, carport or covered parking structure, replacement of off-street parking spaces cannot be required by the local agency. (Gov. Code, § 65852.2, subd. (a)(1)(D)(xi).) • Reduces the maximum ADU and JADU application review time from 120 days to 60 days. (Gov. Code, § 65852.2, subd. (a)(3) and (b).)
• Clarifies that “public transit” includes various means of transportation that charge set fees, run on fixed routes, and are available to the public. (Gov. Code, § 65852.2, subd. (j)(9).)
• Establishes impact fee exemptions and limitations based on the size of the ADU. ADUs up to 750 square feet are exempt from impact fees, and ADUs that are 750 square feet or larger may be charged impact fees but only such fees that are proportional in size (by square foot) to those for the primary dwelling unit. (Gov. Code, § 65852.2, subd. (f)(3).) • Defines an “accessory structure” to mean a structure that is accessory and incidental to a dwelling on the same lot. (Gov. Code, § 65852.2, subd. (j)(2).) • Authorizes HCD to notify the local agency if HCD finds that the local ADU ordinance is not in compliance with state law. (Gov. Code, § 65852.2, subd. (h)(2).) • Clarifies that a local agency may identify an ADU or JADU as an adequate site to satisfy its Regional Housing Needs Allocation (RHNA). (Gov. Code, §§ 65583.1, subd. (a), and 65852.2, subd. (m).)
• Permits JADUs even where a local agency has not adopted an ordinance expressly authorizing them. (Gov. Code, § 65852.2, subds. (b) and (e).) • Allows a permitted JADU to be constructed within the walls of the proposed or existing single-family residence and eliminates the required inclusion of an existing bedroom and an interior entry into the single- family residence. (Gov. Code, § 65852.22, subd. (a)(4-5).)
• Requires, upon application and approval, a local agency to delay enforcement against a qualifying substandard ADU for five years to allow the owner to correct the violation, so long as the violation is not a health and safety issue, as determined by the enforcement agency. (Gov. Code, § 65852.2, subd. (n); Health & Safety Code, § 17980.12).)
AB 587 (Chapter 657, Statutes of 2019), AB 670 (Chapter 178, Statutes of 2019), and AB 671 (Chapter 658, Statutes of 2019)
In addition to the legislation listed above, AB 587 (Chapter 657, Statutes of 2019), AB 670 (Chapter 178, Statutes of 2019), and AB 671 (Chapter 658, Statutes of 2019) also have an 8 impact on State ADU Law, particularly through Health and Safety Code Section 17980.12.
These pieces of legislation, among other changes, address the following:
• AB 587 creates a narrow exemption to the prohibition for ADUs to be sold or otherwise conveyed separately from the primary dwelling by allowing deed-restricted sales to occur if the local agency adopts an ordinance. To qualify, the primary dwelling and the ADU are to be built by a qualified nonprofit corporation whose mission is to provide units to low-income households. (Gov. Code, § 65852.26).) • AB 670 provides that covenants, conditions and restrictions that either effectively prohibit or unreasonably restrict the construction or use of an ADU or JADU on a lot zoned for single-family residential use are void and unenforceable. (Civ. Code, § 4751).)
• AB 671 requires local agencies’ housing elements to include a plan that incentivizes and promotes the creation of ADUs that can offer affordable rents for very low-, low-, or moderate-income households and requires HCD to develop a list of state grants and financial incentives in connection with the planning, construction, and operation of affordable ADUs. (Gov. Code, § 65583; Health & Safety Code, § 50504.5).)
9 Frequently Asked Questions
1. Legislative Intent
• Should a local ordinance encourage the development of ADUs? Yes. Pursuant to Government Code section 65852.150, the California Legislature found and declared that, among other things, California is facing a severe housing crisis and ADUs are a valuable form of housing that meets the needs of family members, students, the elderly, in-home health care providers, people with disabilities, and others. Therefore, ADUs are an essential component of California’s housing supply.
State ADU Law and recent changes intend to address barriers, streamline approval, and expand potential capacity for ADUs, recognizing their unique importance in addressing California’s housing needs. The preparation, adoption, amendment, and implementation of local ADU ordinances must be carried out consistent with Government Code section 65852.150 and must not unduly constrain the creation of ADUs. Local governments adopting ADU ordinances should carefully weigh the adoption of zoning, development standards, and other provisions for impacts on the development of ADUs.
ADU Law is the statutory minimum requirement. Local governments may elect to go beyond this statutory minimum and further the creation of ADUs. (Gov. Code, § 65852.2, subd. (g).) Many local governments have embraced the importance of ADUs as an important part of their overall housing policies and have pursued innovative strategies.
10 Government Code section 65852.150:
(a) The Legislature finds and declares all of the following:
(1) Accessory dwelling units are a valuable form of housing in California. (2) Accessory dwelling units provide housing for family members, students, the elderly, in- home health care providers, the disabled, and others, at below market prices within existing neighborhoods.
(3) Homeowners who create accessory dwelling units benefit from added income, and an increased sense of security.
(4) Allowing accessory dwelling units in single-family or multifamily residential zones provides additional rental housing stock in California.
(5) California faces a severe housing crisis.
(6) The state is falling far short of meeting current and future housing demand with serious consequences for the state’s economy, our ability to build green infill consistent with state greenhouse gas reduction goals, and the well-being of our citizens, particularly lower and middle-income earners.
(7) Accessory dwelling units offer lower cost housing to meet the needs of existing and future residents within existing neighborhoods, while respecting architectural character. (8) Accessory dwelling units are, therefore, an essential component of California’s housing supply.
(b) It is the intent of the Legislature that an accessory dwelling unit ordinance adopted by a local agency has the effect of providing for the creation of accessory dwelling units and that provisions in this ordinance relating to matters including unit size, parking, fees, and other requirements, are not so arbitrary, excessive, or burdensome so as to unreasonably restrict the ability of homeowners to create accessory dwelling units in zones in which they are authorized by local ordinance.
11 2. Zoning, Development and Other Standards
A) Zoning and Development Standards
• Are ADUs required jurisdiction-wide?
No. ADUs proposed pursuant to subdivision (e) of Government Code section 65852.2 must be permitted in any residential or mixed-use zone, which should be construed broadly to mean any zone where residential uses are permitted by-right or by conditional use. For other ADUs, local governments may, by ordinance, designate areas in zones where residential uses are permitted that will also permit ADUs. However, any limits on where ADUs are permitted may only be based on the adequacy of water and sewer service and on the impacts on traffic flow and public safety.
Further, local governments may not preclude the creation of ADUs altogether, and any limitation should be accompanied by detailed findings of fact explaining why ADU limitations are required and consistent with these factors. If a lot with a residence has been rezoned to a use that does not allow for residential uses, that lot is no longer eligible to create an ADU. (Gov. Code § 65852.2 subd. (a)(1) and (e)(1).) Impacts on traffic flow should consider factors like lower car ownership rates for ADUs.
Finally, local governments may develop alternative procedures, standards, or special conditions with mitigations for allowing ADUs in areas with potential health and safety concerns.
• Can ADUs exceed general plan and zoning densities?
Yes. An ADU is an accessory use for the purposes of calculating allowable density under the general plan and zoning and does not count toward the allowable density. For example, if a zoning district allows one unit per 7,500 square feet, then an ADU would not be counted as an additional unit. Further, local governments could elect to allow more than one ADU on a lot, and ADUs are automatically a residential use deemed consistent with the general plan and zoning. (Gov. Code, § 65852.2, subd. (a)(1)(C).)
• Can a local government apply design and development standards? Yes. With an adopted ADU ordinance in compliance with State ADU Law, a local government may apply development and design standards that include, but are not limited to, parking, height, setback, landscape, architectural review, maximum size of a unit, and standards that prevent adverse impacts on any real property that is listed in the California Register of Historical Resources. However, these standards should be objective to allow ministerial review of an ADU. (Gov. Code, § 65852.2, subds. (a)(1)(B)(i) and (a)(4).)
ADUs created under s
ubdivision (e) of Government Code section 65852.2 shall not be subject to design and development standards except for those that are noted in the subdivision. 12 ADUs that do not meet objective and ministerial development and design standards may still be permitted through an ancillary discretionary process if the applicant chooses to pursue this route. In this scenario, the applicant assumes time and monetary costs associated with a discretionary approval process. Some jurisdictions with compliant ADU ordinances apply additional processes to further the creation of ADUs that do not otherwise comply with the minimum standards necessary for ministerial review.
Importantly, these processes are intended to provide additional opportunities to create ADUs that would not otherwise be permitted, and a discretionary process may not be used to review ADUs that are fully compliant with State ADU :Law.
• Are ADUs permitted ministerially?
Yes. ADUs subject to State ADU Law must be considered, approved, and permitted ministerially, without discretionary action. Development and other decision-making standards must be sufficiently objective to allow for ministerial review. Examples include numeric and fixed standards such as heights or setbacks, or design standards such as colors or materials. Subjective standards require judgement and can be interpreted in multiple ways, such as privacy, compatibility with neighboring properties, or promoting harmony and balance in the community; subjective standards must not be imposed on ADU development. Further, ADUs must not be subject to hearing requirements or any ordinance regulating the issuance of variances or special use permits and must be considered ministerially. (Gov. Code § 65852.2, subds. (a)(3) and (a)(4).)
• Is there a streamlined permitting process for ADU and JADU applications? Yes. Whether or not a local agency has adopted an ordinance, applications to create an ADU or JADU shall be considered and approved ministerially within 60 days from the date the local agency receives a completed application. Although the allowed 60-day review period may be interrupted due to an applicant addressing comments generated by a local agency during the permitting process, additional 60-day time periods may not be required by the local agency for minor revisions to the application. (Gov. Code § 65852.2, subds. (a)(3) and (b).)
• Can I create an ADU if I have multiple detached dwellings on a lot? Yes. A lot where there are currently multiple detached single-family dwellings is eligible for creation of one ADU per lot by converting space within the proposed or existing space of a single-family dwelling or existing structure and by building a new detached ADU subject to certain development standards. (Gov. Code § 65852.2, subds. (e)(1)(A) and (B).)
• What is considered a multifamily dwelling under ADU Law? For the purposes of State ADU Law, a structure with two or more attached dwellings on 13 a single lot is considered a multifamily dwelling structure. Multiple detached single-unit dwellings on the same lot are not considered multifamily dwellings for the purposes of State ADU Law.
• Can I build an ADU in a historic district or if the primary residence is subject to historic preservation?
Yes. ADUs are allowed within a historic district and on lots where the primary residence is subject to historic preservation. State ADU Law allows for a local agency to impose standards that prevent adverse impacts on any real property that is listed in the California Register of Historical Resources. However, these standards do not apply to ADUs proposed pursuant to Government Code section 65852.2, subdivision (e).
As with non-historic resources, a jurisdiction may impose objective and ministerial standards that are sufficiently objective to be reviewed ministerially and do not unduly burden the creation of ADUs. Jurisdictions are encouraged to incorporate these standards into their ordinances and to submit these standards along with their ordinances to HCD. (Gov. Code, § 65852.2, subds. (a)(1)(B)(i) and (a)(5).)
B) Size Requirements
• Can minimum lot size requirements be imposed on ADUs? What about lot coverage, floor area ratio, or open space requirements?
No. While local governments may impose certain development standards on ADUs, these standards shall not include minimum lot size requirements. Further, lot coverage requirements cannot preclude the creation of a statewide exemption ADU (see below). If lot coverage requirements do not allow such an ADU, an automatic exception or waiver should be given to appropriate development standards such as lot coverage, floor area, or open space requirements. Local governments may continue to enforce building and health and safety standards and may consider design, landscape, and other standards to facilitate compatibility. (Gov. Code, § 65852.2, subds. (c)(2)(C).) What is a statewide exemption ADU?
A statewide exemption ADU, found in Government Code section 65852, subdivision (e), is an ADU of up to 800 square feet, 16 feet in height, as potentially limited by a local agency, and with four-foot side and rear yard setbacks. State ADU Law requires that no lot coverage, floor area ratio, open space, or minimum lot size will preclude the construction of a statewide exemption ADU. Further, State ADU Law allows the construction of a detached new construction statewide exemption ADU to be combined on the same lot with a JADU in a single-family residential zone. In addition, ADUs are allowed in any residential or mixed uses regardless of zoning and development standards imposed in an ordinance. See more discussion below. 14 • Can minimum and maximum unit sizes be established for ADUs? Yes. A local government may, by ordinance, establish minimum and maximum unit size requirements for both attached and detached ADUs; however, maximum unit size requirements must allow an ADU of at least 850 square feet, or 1,000 square feet for ADUs with more than one bedroom. For local agencies without an ADU ordinance, maximum unit sizes are 1,200 square feet for a new detached ADU and up to 50 percent of the floor area of the existing primary dwelling for an attached ADU (at least 800 square feet). Finally, the local agency must not establish by ordinance a minimum square footage requirement that prohibits the development of an efficiency unit as defined in Health and Safety Code section 17958.1.
The conversion of an existing accessory structure or a portion of the existing primary residence to an ADU is not subject to unit size requirements. For example, an existing 3,000 square-foot barn converted to an ADU would not be subject to the local unit size requirements, regardless of whether a local government has an adopted ADU ordinance.
Should an applicant want to expand an accessory structure to create an ADU beyond 150 square feet, this ADU would be subject to the size maximums outlined in State ADU Law or in the local agency’s adopted ordinance.
• Can a percentage of the primary dwelling be used to limit the maximum size of an ADU?
Yes. Local agencies may utilize a percentage (e.g., 50 percent) of the primary dwelling as a maximum unit size for attached ADUs, but only if it does not restrict an ADU’s size to less than the standard of at least 850 square feet (or at least 1,000 square feet for ADUs with more than one bedroom). Local agencies shall not, by ordinance, establish any other minimum or maximum unit sizes, including limits based on a percentage of the area of the primary dwelling, that precludes an 800 square-foot ADU. (Gov. Code, § 65852.2, subd. (c)(2)(C).) Local agencies utilizing percentages of the primary dwelling as maximum unit sizes can consider multi-pronged standards to help navigate these requirements (e.g., shall not exceed 50 percent of the dwelling or 1,000 square feet, whichever is greater).
• Can maximum unit sizes exceed 1,200 square feet for ADUs? Yes. Maximum unit sizes can exceed 1,200 square feet for ADUs through the adoption of a local ADU ordinance. State ADU Law does not limit the authority of local agencies to adopt less restrictive requirements for the creation of ADUs. (Gov. Code, § 65852.2, subd. (g).)
15 C) Parking Requirements
• Are certain ADUs exempt from parking requirements?
Yes. A local agency shall not impose ADU parking standards for any of the following ADUs, pursuant to Government Code section 65852.2, subdivisions (d)(1-5) and (j)(10):
(1) ADUs located within one-half mile walking distance of public transit. (2) ADUs located within an architecturally and historically significant historic district. (3) ADUs that are part of the proposed or existing primary residence or an accessory structure.
(4) When on-street parking permits are required but not offered to the occupant of the ADU.
(5) When there is a car share vehicle located within one block of the ADU.
Note: For t he purposes of State ADU Law, a jurisdiction may use the designated areas where a car share vehicle may be accessed. Public transit is any location where an individual may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the general public. Walking distance is defined as the pedestrian shed to reach public transit. Additional parking requirements to avoid impacts to public access may be required in the Coastal Zone. • Can ADU
parking requirements exceed one space per unit or bedroom? No. Parking requirements for ADUs shall not exceed one parking space per unit or bedroom, whichever is less. These spaces may be provided as tandem parking on a driveway. Guest parking spaces shall not be required for ADUs under any circumstances. For certain ADUs, pursuant to Government Code section 65852.2, subdivisions (d)(1-5) and (j)(10), a local agency may not impose any ADU parking standards (see above question).
What is Tandem Parking?
Tandem parking means two or more automobiles that are parked on a driveway or in any other location on a lot, lined up behind one another. (Gov. Code, § 65852.2, subds. (a)(1)(D)(x)(I) and (j)(11).)
Local agencies may choose to eliminate or reduce parking requirements for ADUs, such as
requiring zero or half a parking space per each ADU, to remove barriers to ADU construction and to facilitate development.
16 • Is flexibility for siting ADU parking recommended? Yes. Local agencies should be flexible when siting parking for ADUs. Off-street parking spaces for the ADU shall be permitted in setback areas in locations determined by the local agency or through tandem parking unless specific findings are made. Specific findings must be based on specific site or regional topographical or fire and life safety conditions.
When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU, or converted to an ADU, the local agency shall not require that those off- street parking spaces for the primary unit be replaced. (Gov. Code, § 65852.2, subd. (a)(1)(D)(xi).)
D) Setbacks
• Can setbacks be required for ADUs?
Yes. A local agency may impose development standards, such as setbacks, for the creation of ADUs. However, setbacks should not unduly constrain the creation of ADUs and cannot be required for ADUs proposed pursuant to subdivision (e). Further, a setback of no more than four feet from the side and rear lot lines shall be required for an attached or detached ADU. (Gov. Code, § 65852.2, subd. (a)(1)(D)(vii).) Additional setback requirements may be required in the Coastal Zone if required by a local Coastal Program. Setback requirements must also comply with any recorded utility easements or other previously recorded setback restrictions.
No setback shall be required for an ADU created within an existing living area or accessory structure or an ADU created in a new structure in the same location as an existing structure, while not exceeding the existing dimensions, including height. (Gov.
Code, § 65852.2, subd. (a)(1)(D)(vii).)
A local agency may also allow the expansion of a detached structure being converted into an ADU when the existing structure does not have four-foot rear and side setbacks. A local agency may also allow the expansion area of a detached structure being converted into an ADU to have no setbacks, or setbacks of less than four feet, if the existing structure has no setbacks, or has setbacks of less than four feet, respectively. A local agency shall not require setbacks of more than four feet for the expanded area of a detached structure being converted into an ADU.
A local agency may still apply front yard setbacks for ADUs, but front yard setbacks cannot preclude an ADU of at least 800 square feet and must not unduly constrain the creation of all types of ADUs. (Gov. Code, § 65852.2, subd. (c) and (e).)
17 • Is there a distance requirement between an ADU and other structures on the lot? State ADU Law does not address the distance between an ADU and other structures on a lot. A local agency may impose development standards for the creation of ADUs, and ADUs shall comply with local building codes. However, development standards should not unduly constrain the creation of ADUs, cannot preclude a statewide exemption ADU (an ADU of up to 800 square feet, 16 feet in height, as potentially limited by a local agency, and with four-foot side and rear yard setbacks), and should not unduly constrain the creation of all types of ADUs, where feasible. (Gov. Code, § 65852.2, subd. (c).)
E) Height Requirements
• Is there a limit on the height or number of stories of an ADU? There is no height limit contained in State ADU Law, but local agencies may impose height limits provided that the limit is no less than 16 feet. (Gov. Code, § 65852.2, subd. (a)(1)(B)(i).) For a local agency to impose a height limit, it must do so through the adoption of a compliant ADU ordinance.
F) Bedrooms
• Can a limit on the number of bedrooms in an ADU be imposed? A limit on the number of bedrooms could be construed as a discriminatory practice towards protected classes, such as familial status, and would be considered a constraint on the development of ADUs. Building code standards for minimum bedroom size still apply.
18 G) Impact Fees
• Can impact fees be charged for an ADU less than 750 square feet? No. An ADU is exempt from incurring impact fees from local agencies, special districts, and water corporations if less than 750 square feet. If an ADU is 750 square feet or larger, impact fees shall be charged proportionately in relation to the square footage of the ADU to the square footage of the primary dwelling unit.
What is “Proportionately”?
“Proportionately” is some amount in relation to a total amount, in this case, an impact fee for a single-family dwelling. For example, a 2,000 square-foot primary dwelling with a proposed 1,000 square-foot ADU could result in 50 percent of the impact fee that would be charged for a new primary dwelling on the same site. In all cases, the impact fee for the ADU must be less than the primary dwelling. Otherwise, the fee is not calculated proportionately. When utilizing proportions, careful consideration should be given to the impacts on costs, feasibility, and, ultimately, the creation of ADUs. In the case of the example above, anything greater than 50 percent of the primary dwelling could be considered a constraint on the development of ADUs. A proportional fee shall not be greater than 100 percent, as when a proposed ADU exceeds the size of the existing primary dwelling.
For pur
poses of calculating the fees for an ADU on a lot with a multifamily dwelling, the proportionality shall be based on the average square footage of the units within that multifamily dwelling structure. For ADUs converting existing space with a 150 square- foot expansion, a total ADU square footage over 750 square feet could trigger the proportionate fee requirement. (Gov. Code, § 65852.2, subd. (f)(3)(A).) • Can local agencies, special districts, or water corporations waive impact fees? Yes. Agencies can waive impact and any other fees for ADUs. Also, local agencies may use fee deferrals for applicants.
• Can school districts charge impact fees?
Yes. School districts are authorized to, but do not have to, levy impact fees for ADUs greater than 500 square feet pursuant to Section 17620 of the Education Code. ADUs less than 500 square feet are not subject to school impact fees. Local agencies are encouraged to coordinate with school districts to carefully weigh the importance of promoting ADUs, ensuring appropriate nexus studies and appropriate fees to facilitate construction or reconstruction of adequate school facilities. 19 • What types of fees are considered impact fees?
Impact fees charged for the construction of ADUs must be determined in accordance with the Mitigation Fee Act and generally include any monetary exaction that is charged by a local agency in connection with the approval of an ADU, including impact fees, for the purpose of defraying all or a portion of the cost of public facilities relating to the ADU. A local agency, special district, or water corporation shall not consider ADUs as a new residential use for the purposes of calculating connection fees or capacity charges for utilities, including water and sewer services. However, these provisions do not apply to ADUs that are constructed concurrently with a new single-family home. (Gov. Code, §§ 65852.2, subd. (f), and 66000.)
• Can I still be charged water and sewer connection fees? ADUs converted from existing space and JADUs shall not be considered by a local agency, special district, or water corporation to be a new residential use for purposes of calculating connection fees or capacity charges for utilities, unless constructed with a new single-family dwelling. The connection fee or capacity charge shall be proportionate to the burden of the proposed ADU, based on its square footage or plumbing fixtures as compared to the primary dwelling. ADU Law does not cover monthly charge fees. (Gov.
Code, § 65852.2, subd. (f)(2).)
H) Ministerially Approved ADUs and Junior ADUs (JADUs) Not Subject to Local Standards
• Are local agencies required to comply with Government Code section 65852.2, subdivision (e)?
Yes. All local agencies must comply with subdivision (e). This subdivision requires the ministerial approval of ADUs within a residential or mixed-use zone. The subdivision creates four categories of ADUs that should not be subject to other specified areas of State ADU Law, most notably zoning and development standards. For example, ADUs under this subdivision should not have to comply with lot coverage, setbacks, heights, and unit sizes. However, ADUs under this subdivision must meet the building code and health and safety requirements. The four categories of ADUs under subdivision (e)(1) are:
(A) One ADU and one JADU are permitted per lot within the proposed space of a single-family dwelling or existing space of a single-family dwelling or accessory structure that meets specified requirements such as exterior access and setbacks for fire and safety.
(B) One detached new construction ADU that does not exceed four-fo ot side and rear yard setbacks. This ADU may be combined on the same lot with a JADU, and may be required to meet a maximum unit size requirement of 800 square feet and a height limitation of 16 feet.
20 (C) Multiple ADUs within the portions of multifamily structures that are not used as livable space. Local agencies must allow at least one of these types of ADUs and up to 25 percent of the existing multifamily structures. (D) Up to two detached ADUs on a lot that has existing multifamily dwellings that are subject to height limits of 16 feet and four-foot rear and side yard setbacks.
The above four categories may be combined. For example, local governments must allow (A) and (B) together or (C) and (D) together.
The most common ADU that can be created under subdivision (e) is a conversion of proposed or existing space of a single-family dwelling or accessory structure into an ADU, without any prescribed size limitations, height, setback, lot coverage, architectural review, landscape, or other development standards. This would enable the conversion of an accessory structure, such as a 2,000 square-foot garage, to an ADU without any additional requirements other than compliance with building standards for dwellings.
These types of ADUs are also eligible for a 150 square-foot expansion (see discussion below).
ADUs created under subdivision (e) shall not be required to provide parking if the ADU qualifies for one of the five exemptions listed under subdivision (d). Moreover, these units shall not, as a condition for ministerial approval, be required to correct any existing or created nonconformity. Subdivision (e) ADUs shall be required to be rented for terms longer than 30 days and only require fire sprinklers if fire sprinklers are required for the primary residence. These ADUs shall not be counted as units when calculating density for the general plan and are not subject to owner occupancy.
• How many ADUs are allowed on a multifamily site under subdivision (e)? Under subdivision (e), an applicant may apply to build up to two detached ADUs and at least one interior ADU up to 25 percent of the number of units in the proposed or existing multifamily dwelling. All interior ADUs, however, must be converted from non-livable space, which is not a requirement under subdivision (a) for ADUs associated with single-family sites. It should also be noted that if there is no existing non-livable space within a multifamily structure, an applicant would not be able to build an interior ADU under subdivision (e). Attached ADUs are also prohibited under this subdivision.
By contrast, under subdivision (a), an applicant may choose to build one attached, detached, or conversion ADU on a site with a proposed or existing multifamily dwelling, with local objective development standards applied in the same manner as they would be applied to an ADU proposed on a single-family site under subdivision (a). JADUs can only be constructed on a site with a proposed or existing single-family dwelling; however, a JADU cannot be constructed on a multifamily site concurrently with an ADU under subdivision (a).
21 • Can I convert my accessory structure into an ADU?
Yes. The conversion of garages, sheds, barns, and other existing accessory structures, either attached or detached from the primary dwelling, into ADUs is permitted and promoted through State ADU Law.
These conversions of accessory structures are not subject to any additional development standards, such as unit size, height, and lot coverage requirements, and shall be from existing space that can be made safe under building and safety codes. A local agency should not set limits based on when the structure was created, and the structure must meet standards for health and safety.
Additionally, the two ADUs allowed on each multifamily site under subdivision (e) may be converted from existing detached structures on the site. Existing, detached accessory structures on a lot with an existing multifamily dwelling that are converted to ADUs cannot be required to be modified to correct for a non-conforming use. Both structures must be accessory structures detached from the primary residence, and because they are conversions of existing structures, these ADUs would not have to comply with the four-foot setback requirements under subdivision (e) if the existing structures are closer than four feet to the property line. This would also mean that the 16-foot height limitation would not apply if the existing structure were taller than 16 feet.
Conversion ADUs in this scenario would not be subject to any square footage restrictions as long as they are built within the footprint of the previous structure.
• Can an ADU created by converting existing space be expanded? Yes. An ADU created within the existing or proposed space of a single-family dwelling or accessory structure can be expanded beyond the physical dimensions of the structure. Per State ADU Law, only an ADU created within an existing accessory structure may be expanded up to 150 square feet without application of local development standards, but this expansion shall be limited to accommodating ingress and egress. An ADU created within the space of an existing or proposed single-family dwelling is subject to local development standards. An example of where this expansion could be applicable is for the creation of a staircase to reach a second story ADU. These types of ADUs shall conform to setbacks sufficient for fire and safety.
A local agency may allow for an expansion beyond 150 square feet, though the ADU would have to comply with the size maximums as per State ADU Law or per a local agency’s adopted ordinance. (Gov. Code, § 65852.2, subd. (e)(1)(i).) As a JADU is limited to being created within the walls of a primary residence and not an accessory structure, this expansion of up to 150 square feet does not pertain to JADUs.
22 • Can an ADU be constructed in the non-livable spaces of the non-residential portions of a mixed-use development?
No. The non-livable space used to create an ADU or ADUs under Government Code section 65852.2, subdivision (e)(1)(C), should be limited to the residential areas of a mixed- use development, and not the areas used for commercial or other activities. The parking and storage areas for these non-residential uses would also be excluded from potential ADU development.
I) Nonconforming Zoning Standards
• Does the creation of an ADU require the applicant to carry out public improvements? No physical improvements shall be required for the creation or conversion of an ADU.
Any requirement to carry out public improvements is beyond what is required for the creation of an ADU, as per State ADU Law. For example, an applicant shall not be required to improve sidewalks or carry out street or access improvements to create an ADU. Additionally, as a condition for ministerial approval of an ADU, an applicant shall not be required to correct nonconforming zoning conditions. (Gov. Code, § 65852.2, subd. (e)(2).)
J)
Renter- and Owner-Occupancy
• Are rental terms allowed?
Yes. Local agencies may require that the property be used for rentals of terms longer than 30 days. ADUs permitted ministerially, under subdivision (e), shall be rented for terms longer than 30 days. (Gov. Code, § 65852.2, subds. (a)(6) and (e)(4).)
• Are there any owner-occupancy requirements for ADUs?
No. Prior to recent legislation, ADU laws allowed local agencies to elect whether the primary dwelling or ADU was required to be occupied by an owner. The updates to State ADU Law removed the owner-occupancy requirement for newly created ADUs effective January 1, 2020. The new owner-occupancy exclusion is set to expire on December 31, 2024; however, local agencies may not retroactively require owner-occupancy for ADUs permitted between January 1, 2020, and December 31, 2024.
However, should a property have both an ADU and JADU, JADU law requires owner- occupancy of either the newly created JADU or the single-family residence. Under this specific circumstance, a lot with an ADU would be subject to owner-occupancy requirements. (Gov. Code, § 65852.22, subd. (a)(2).)
23 K) Fire Sprinkler Requirements
• Can fire sprinklers be required for ADUs?
Installation of fire sprinklers may not be required in ADUs (attached, detached, or conversion) where sprinklers were not required by building codes for the existing primary residence. For example, a detached single-family home designed and constructed decades ago would not have been required to have fire sprinklers installed under the applicable building code at the time. However, if the same primary dwelling recently underwent significant alteration and is now required to have fire sprinklers, any ADU created after that alteration must be provided with fire sprinklers. (Gov. Code, § 65852.2, subds. (a)(1)(D)(xii) and (e)(3).)
Please note, for ADUs created on lots with multifamily residential structures, the entire residential structure shall serve as the “primary residence” for the purposes of this analysis. Therefore, if the multifamily structure is served by fire sprinklers, the ADU can be required to install fire sprinklers.
For additional guidance on ADUs and fire sprinkler system requirements, please consult the Office of the State Fire Marshal.
L) Solar System Requirements
• Are solar systems required for newly constructed ADUs? Yes, newly constructed ADUs are subject to the California Energy Code requirement (excluding manufactured homes) to provide solar systems if the unit(s) is a newly constructed, non-manufactured, detached ADU (though some exceptions apply). Per the California Energy Commission (CEC), the solar systems can be installed on the ADU or on the primary dwelling unit. ADUs that are constructed within existing space, or as an addition to existing homes, including detached additions where an existing detached building is converted from non-residential to residential space, are not subject to the Energy Code requirement to provide solar systems.
Please refer to the CEC on this matter. For more information, see the CEC’s website at www.energy.ca.gov. You may email your questions to [email protected], or contact the Energy Standards Hotline at 800- 772-3300. CEC memos can also be found on HCD’s website at https://www.hcd.ca.gov/policy-
research/AccessoryDwellingUnits.shtml.
See HCD’s Information Bulletin 2020-10 for information on the applicability of California solar requirements to manufactured housing.
24 3. JADUs – Government Code Section 65852.22
• What is a JADU?
A “junior accessory dwelling unit” or JADU is a unit that is no more than 500 square feet in size and contained entirely within a single-family residence. A JADU may include separate sanitation facilities or may share sanitation facilities with the existing structure. (Gov. Code, § 65852.22, subd. (h)(1).)
• Are two JADUs allowed on a lot?
No. A JADU may be created on a lot zoned for single-family residences with one primary dwelling. The JADU may be created within the walls of the proposed or existing single-family residence, including attached garages, as attached garages are considered within the walls of the existing single-family residence. Please note that JADUs created in the attached garage are not subject to the same parking protections as ADUs and could be required by the local agency to provide replacement parking.
JADUs are limited to one per residential lot with a single-family residence. Lots with multiple detached single-family dwellings are not eligible to have JADUs. (Gov.
Code, § 65852.22, subd. (a)(1).)
• Are JADUs required to have an interior connection to the primary dwelling? No. Although JADUs are required to be within the walls of the primary dwelling, they are not required to have an interior connection to the primary dwelling. That said, JADUs may share a significant interior connection to the primary dwelling, as they are allowed to share bathroom facilities with the primary dwelling.
• Are JADUs allowed in detached accessory structures?
No, JADUs are not allowed in accessory structures. The creation of a JADU must be within the single- family residence. As noted above, attached garages are eligible for JADU creation. (Gov. Code, § 65852.22, subds. (a)(1) and (a)(4).)
• Are JADUs allowed to be increased up to 150 square feet when created within an existing structure?
No. Only ADUs are allowed to add up to 150 square feet “beyond the physical dimensions of the existing accessory structure” to provide for ingress. (Gov. Code, § 65852.2, subd. (e)(1)(A)(i).)
This provision extends only to ADUs and excludes JADUs. A JADU is required to be created within the single-family residence.
25 • Are there any owner-occupancy requirements for JADUs? Yes. The owner must reside in either the remaining portion of the primary residence or in the newly created JADU. (Gov. Code, § 65852.22, subd. (a)(2).)
4. Manufactured Homes
• Are manufactured homes considered to be an ADU?
Yes. An ADU is any residential dwelling unit with independent living facilities and permanent provisions for living, sleeping, eating, cooking and sanitation. An ADU includes a manufactured home. (Health & Saf. Code, § 18007.)
Health and Safety Code section 18007, subdivision (a): “Manufactured home,” for the purposes of this part, means a structure that was constructed on or after June 15, 1976, is transportable in one or more sections, is eight body feet or more in width, or 40 body feet or more in length, in the traveling mode, or, when erected on site, is 320 or more square feet, is built on a permanent chassis and designed to be used as a single-family dwelling with or without a foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein. “Manufactured home” includes any structure that meets all the requirements of this paragraph except the size requirements and with respect to which the manufacturer voluntarily files a certification and complies with the standards established under the National Manufactured Housing Construction and Safety Act of 1974 (42 U.S.C., Sec. 5401, and following).
5. Regional Housing Needs Allocation (RHNA) and the Housing Element • Do ADUs and JADUs count toward a local agency’s RHNA? Yes. Pursuant to Government Code section 65852.2 subdivision (m), and section 65583.1, ADUs and JADUs may be utilized towards the RHNA and Housing Element Annual Progress Report (APR) pursuant to Government Code section 65400. To credit a unit toward the RHNA, HCD and the Department of Finance (DOF) utilize the census definition of a housing unit. Generally, an ADU, and a JADU with shared sanitation facilities, and any other unit that meets the census definition and is reported to DOF as part of the DOF annual City and County Housing Unit Change Survey can be credited toward the RHNA based on the appropriate income level. The housing element or APR must include a reasonable methodology to demonstrate the level of affordability. Local governments can track actual or anticipated affordability to assure ADUs and JADUs are 26 counted towards the appropriate income category. For example, some local governments request and track information such as anticipated affordability as part of the building permit or other local applications. For more information, please contact [email protected].
• What analysis is required to count ADUs toward the RHNA in the housing element? To count ADUs towards the RHNA in the housing element, local agencies must generally use a three-part approach: (1) development trends, (2) anticipated affordability, and (3) resources and incentives. Development trends must consider ADUs permitted in the prior planning period and may also consider more recent trends. Anticipated affordability can use a variety of methods to estimate the affordability by income group. Common approaches include rent surveys of ADUs, using rent surveys and square footage assumptions and data available through the APR pursuant to Government Code section 65400. Resources and incentives include policies and programs to encourage ADUs, such as prototype plans, fee waivers, expedited procedures, and affordability monitoring programs.
• Are ADUs required to be addressed in the housing element? Yes. The housing element must include a description of zoning available to permit ADUs, including development standards and analysis of potential constraints on the development of ADUs. The element must include programs as appropriate to address identified constraints. In addition, housing elements must include a plan that incentivizes and promotes the creation of ADUs that can offer affordable rents for very low-, low-, or moderate-income households and requires HCD to develop a list of state grants and financial incentives in connection with the planning, construction, and operation of affordable ADUs. (Gov. Code, § 65583 and Health & Saf. Code, § 50504.5.) This list is available on HCD’s ADU webpage.
6. Homeowners Associations
• Can my local Homeowners Association (HOA) prohibit the construction of an ADU or JADU?
No. Assembly Bill 670 (2019) and AB 3182 (2020) amended Section 4751, 4740, and 4741 of the Civil Code to preclude common interest developments from prohibiting or unreasonably restricting the construction or use, including the renting or leasing of, an ADU on a lot zoned for single-family residential use. Covenants, conditions and restrictions (CC&Rs) that either effectively prohibit or unreasonably restrict the construction or use of an ADU or JADU on such lots are void and unenforceable or may be liable for actual damages and payment of a civil penalty. Applicants who encounter issues with creating ADUs or JADUs within CC&Rs are encouraged to reach out to HCD for additional guidance. Refer to Section 4100 of the Civil Code for the meaning of a common interest development.
27 7. ADU Ordinances and Local Agencies
• Are ADU ordinances existing prior to new 2020 laws null and void? Maybe. ADU ordinances existing prior to the new 2020 laws, as well as newly adopted ordinances, are null and void when they conflict with State ADU Law. Subdivision (a)(4) of Government Code section 65852.2 states that an ordinance that fails to meet the requirements of subdivision (a) shall be null and void, and the local agency shall apply the state standards until a compliant ordinance is adopted. See the question on Enforcement below for more detail.
• Do local agencies have to adopt an ADU ordinance?
No. Local governments may choose not to adopt an ADU ordinance. Should a local government choose not to adopt an ADU ordinance, any proposed ADU development would be subject only to standards set in State ADU Law. If a local agency adopts an ADU ordinance, it may impose zoning, development, design, and other standards in compliance with State ADU Law.
• Is a local government required to send an ADU ordinance to HCD? Yes. A local government, upon adoption of an ADU ordinance, must submit a copy of the adopted ordinance to HCD within 60 days after adoption. After the adoption of an ordinance, HCD may review and submit written findings to the local agency as to whether the ordinance complies with State ADU Law. (Gov. Code, § 65852.2, subd. (h)(1).)
Local governments may also submit a draft ADU ordinance for preliminary review by HCD. HCD recommends that local agencies do so, as this provides local agencies the opportunity to receive feedback on their ordinance and helps to ensure compliance with State ADU Law prior to adoption.
• Are charter cities and counties subject to the new ADU laws? Yes. State ADU Law applies to a local agency, which is defined as a city, county, or city and county, whether general law or chartered. (Gov. Code, § 65852.2, subd. (j)(5)).
Further, pursuant to Chapter 659, Statutes of 2019 (AB 881), the Legislature found and declared State ADU Law addresses “…a matter of statewide concern rather than a municipal affair, as that term is used in Section 5 of Article XI of the California Constitution” and concluded that State ADU Law applies to all cities, including charter cities.
• Do the new ADU laws apply to jurisdictions located in the California Coastal Zone? Yes. ADU laws apply to jurisdictions in the California Coastal Zone, but do not 28 necessarily alter or lessen the effect or application of Coastal Act resource protection policies. (Gov. Code, § 65852.22, subd. (l).) Coastal localities should seek to harmonize the goals of protecting coastal resources and addressing housing needs of Californians.
For example, where appropriate, localities should amend Local Coastal Programs for California Coastal Commission review to comply with the California Coastal Act and new ADU laws. For more information, see the California Coastal Commission 2020 Memo and reach out to the locality’s local Coastal Commission district office.
• Do the new ADU laws apply to areas governed by the Tahoe Regional Planning Agency (TRPA)?
Possibly. The TRPA was formed through a bistate compact between California and Nevada. Under the compact, TRPA has authority to adopt ordinances, rules, and regulations, and those ordinances, rules, and regulations are considered federal law. Under this authority, TRPA has adopted certain restrictions that effectively limit lot coverage on developed land. State ADU Law may conflict to a degree with the TRPA standards, and to the extent that it does, the TRPA law likely preempts or overrides State ADU Law.
8. Enforcement
• Does HCD have enforcement authority over ADU ordinances? Yes. Pursuant to Government Code section 65852.2, subdivision (h), local agencies are required to submit a copy of newly adopted ADU ordinances within 60 days of adoption.
HCD may thereafter provide written findings to the local agency as to whether the ordinance complies with State ADU Law. If HCD finds that the local agency’s ADU ordinance does not comply with State ADU Law, HCD must provide a reasonable time, no longer than 30 days, for the local agency to respond. The local agency shall either amend its ordinance in accordance with HCD’s written findings or adopt the ordinance without changes but include findings in its resolution explaining why the ordinance complies with State ADU Law despite HCD’s findings. If the local agency does not amend its ordinance in accordance with HCD’s findings or adopt a resolution explaining why the ordinance is compliant, HCD shall notify the local agency that it is in violation of State ADU Law. HCD may also notify the Attorney General of the local agency’s violation. While an ordinance is non-compliant, the local agency shall apply state standards.
In addition, HCD may review, adopt, amend, or repeal guidelines to implement uniform standards or criteria that supplement or clarify State ADU Law.
9. Senate Bill (SB) 9 (2021)
• Does SB 9 have any impact on ADUs?
SB 9 (Gov. Code Sections 66452.6, 65852.21 and 66411.7) contains some overlaps with State ADU Law, but only on a relatively small number of topics. Please note that although HCD does not administer or enforce SB 9, violations of SB 9 may concurrently violate other housing laws that HCD does enforce, including, but not limited to, State ADU Law and State Housing Element Law. As local jurisdictions implement SB 9, including adopting local 29 ordinances, it is important to keep these and other housing laws in mind. For details regarding SB 9, please see HCD's SB 9 Factsheet.
10. Funding
• Is there financial assistance or funding available f or ADUs? Effective September 20, 2021, the California Housing Finance Agency’s (CalHFA) ADU Grant Program provides up to $40,000 in assistance to reimburse qualifying homeowners for predevelopment costs necessary to build and occupy an ADU or JADU on a lot with a single-family dwelling unit. The ADU Grant Program is intended to create more housing units in California by providing a grant to reimburse qualifying homeowners for predevelopment costs. Predevelopment costs include, but are not limited to, architectural designs, permits, soil tests, impact fees, property surveys, and energy reports. For additional information or questions, please see CalHFA’s ADU Grant Program at https://www.calhfa.ca.gov/adu or contact the CalHFA Single Family Lending Division at (916) 326-8033 or [email protected].
30 Resources
31 Attachment 1: Statutory Changes (Strikeout/Italics and Underline)
GOV. CODE: TITLE 7, DIVISION 1, CHAPTER 4,
ARTICLE 2
Combined changes from AB 345, AB 3182, AB 881,
AB 68, and SB 13 (Changes noted in strikeout,
underline/italics)
Effective January 1, 2022, Section 65852.2 of the Government Code is amended to read:
65852.2.
(a) (1) A local agency may, by ordinance, provide for the creation of accessory dwelling units in areas zoned to allow single-family or multifamily dwelling residential use. The ordinance shall do all of the following:
(A) Designate areas within the jurisdiction of the local agency where accessory dwelling units may be permitted. The designation of areas may be based on the adequacy of water and sewer services and the impact of accessory dwelling units on traffic flow and public safety. A local agency that does not provide water or sewer services shall consult with the local water or sewer service provider regarding the adequacy of water and sewer services before designating an area where accessory dwelling units may be permitted. (B) (i) Impose standards on accessory dwelling units that include, but are not limited to, parking, height, setback, landscape, architectural review, maximum size of a unit, and standards that prevent adverse impacts on any real property that is listed in the California Register of Historic Historical Resources. These standards shall not include requirements on minimum lot size.
(ii) Notwithstanding clause (i), a local agency may reduce or eliminate parking requirements for any accessory dwelling unit located within its jurisdiction. (C) Provide that accessory dwelling units do not exceed the allowable density for the lot upon which the accessory dwelling unit is located, and that accessory dwelling units are a residential use that is consistent with the existing general plan and zoning designation for the lot. (D) Require the accessory dwelling units to comply with all of the following:
(i) The Except as provided in Section 65852.26, the accessory dwelling unit may be rented separate from the primary residence, but may not be sold or otherwise conveyed separate from the primary residence.
(ii) The lot is zoned to allow single-family or multifamily dwelling residential use and includes a proposed or existing dwelling.
(iii) The accessory dwelling unit is either attached to, or located within, the proposed or existing primary dwelling, including attached garages, storage areas or similar uses, or an accessory structure or detached from the proposed or existing primary dwelling and located on the same lot as the proposed or existing primary dwelling. (iv) If there is an existing primary dwelling, the total floor area of an attached accessory dwelling unit shall not exceed 50 percent of the existing primary dwelling. (v) The total floor area for a detached accessory dwelling unit shall not exceed 1,200 square feet. (vi) No passageway shall be required in conjunction with the construction of an accessory dwelling unit.
(vii) No setback shall be required for an existing living area or accessory structure or a structure constructed in the same location and to the same dimensions as an existing structure that is 32 converted to an accessory dwelling unit or to a portion of an accessory dwelling unit, and a setback of no more than four feet from the side and rear lot lines shall be required for an accessory dwelling unit that is not converted from an existing structure or a new structure constructed in the same location and to the same dimensions as an existing structure. (viii) Local building code requirements that apply to detached dwellings, as appropriate. (ix) Approval by the local health officer where a private sewage disposal system is being used, if required.
(x) (I) Parking requirements for accessory dwelling units shall not exceed one parking space per accessory dwelling unit or per bedroom, whichever is less. These spaces may be provided as tandem parking on a driveway.
(II) Offstreet parking shall be permitted in setback areas in locations determined by the local agency or through tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions.
(III) This clause shall not apply to an accessory dwelling unit that is described in subdivision (d). (xi) When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit or converted to an accessory dwelling unit, the local agency shall not require that those offstreet parking spaces be replaced. (xii) Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary residence.
(1) The ordinance shall not be considered in the application of any local ordinance, policy, or program to limit residential growth.
(2) A permit application for an accessory dwelling unit or a junior accessory dwelling unit shall be considered and approved ministerially without discretionary review or a hearing, notwithstanding Section 65901 or 65906 or any local ordinance regulating the issuance of variances or special use permits. The permitting agency shall act on the application to create an accessory dwelling unit or a junior accessory dwelling unit within 60 days from the date the local agency receives a completed application if there is an existing single-family or multifamily dwelling on the lot. If the permit application to create an accessory dwelling unit or a junior accessory dwelling unit is submitted with a permit application to create a new single-family dwelling on the lot, the permitting agency may delay acting on the permit application for the accessory dwelling unit or the junior accessory dwelling unit until the permitting agency acts on the permit application to create the new single-family dwelling, but the application to create the accessory dwelling unit or junior accessory dwelling unit shall be considered without discretionary review or hearing. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay. If the local agency has not acted upon the completed application within 60 days, the application shall be deemed approved. A local agency may charge a fee to reimburse it for costs incurred to implement this paragraph, including the costs of adopting or amending any ordinance that provides for the creation of an accessory dwelling unit.
(3) An existing ordinance governing the creation of an accessory dwelling unit by a local agency or an accessory dwelling ordinance adopted by a local agency shall provide an approval process that includes only ministerial provisions for the approval of accessory dwelling units and shall not include any discretionary processes, provisions, or requirements for those units, except as otherwise provided in this subdivision. If a local agency has an existing accessory dwelling unit ordinance that fails to meet the requirements of this subdivision, that ordinance shall be null and void and that agency shall thereafter apply the standards established in this subdivision for the approval of accessory dwelling units, unless and until the agency adopts an 33 ordinance that complies with this section.
(4) No other local ordinance, policy, or regulation shall be the basis for the delay or denial of a building permit or a use permit under this subdivision. (5) This subdivision establishes the maximum standards that local agencies shall use to evaluate a proposed accessory dwelling unit on a lot that includes a proposed or existing single-family dwelling. No additional standards, other than those provided in this subdivision, shall be used or imposed, including any owner-occupant requirement, except that a local agency may require that the property be used for rentals of terms longer than 30 days. (6) A local agency may amend its zoning ordinance or general plan to incorporate the policies, procedures, or other provisions applicable to the creation of an accessory dwelling unit if these provisions are consistent with the limitations of this subdivision. (7) An accessory dwelling unit that conforms to this subdivision shall be deemed to be an accessory use or an accessory building and shall not be considered to exceed the allowable density for the lot upon which it is located, and shall be deemed to be a residential use that is consistent with the existing general plan and zoning designations for the lot. The accessory dwelling unit shall not be considered in the application of any local ordinance, policy, or program to limit residential growth.
(b) When a local agency that has not adopted an ordinance governing accessory dwelling units in accordance with subdivision (a) receives an application for a permit to create an accessory dwelling unit pursuant to this subdivision, the local agency shall approve or disapprove the application ministerially without discretionary review pursuant to subdivision (a). The permitting agency shall act on the application to create an accessory dwelling unit or a junior accessory dwelling unit within 60 days from the date the local agency receives a completed application if there is an existing single-family or multifamily dwelling on the lot. If the permit application to create an accessory dwelling unit or a junior accessory dwelling unit is submitted with a permit application to create a new single-family dwelling on the lot, the permitting agency may delay acting on the permit application for the accessory dwelling unit or the junior accessory dwelling unit until the permitting agency acts on the permit application to create the new single-family dwelling, but the application to create the accessory dwelling unit or junior accessory dwelling unit shall still be considered ministerially without discretionary review or a hearing. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay. If the local agency has not acted upon the completed application within 60 days, the application shall be deemed approved.
(c) (1) Subject to paragraph (2), a local agency may establish minimum and maximum unit size requirements for both attached and detached accessory dwelling units. (2) Notwithstanding paragraph (1), a local agency shall not establish by ordinance any of the following:
(A) A minimum square footage requirement for either an attached or detached accessory dwelling unit that prohibits an efficiency unit.
(B) A maximum square footage requirement for either an attached or detached accessory dwelling unit that is less than either of the following:
(i) 850 square feet.
(ii) 1,000 square feet for an accessory dwelling unit that provides more than one bedroom. (C) Any other minimum or maximum size for an accessory dwelling unit, size based upon a percentage of the proposed or existing primary dwelling, or limits on lot coverage, floor area ratio, open space, and minimum lot size, for either attached or detached dwellings that does not permit at least an 800 square foot accessory dwelling unit that is at least 16 feet in height with four-foot side and rear yard setbacks to be constructed in compliance with all other local 34 development standards.
(d) Notwithstanding any other law, a local agency, whether or not it has adopted an ordinance governing accessory dwelling units in accordance with subdivision (a), shall not impose parking standards for an accessory dwelling unit in any of the following instances:
(1) The accessory dwelling unit is located within one-half mile walking distance of public transit. (2) The accessory dwelling unit is located within an architecturally and historically significant historic district.
(3) The accessory dwelling unit is part of the proposed or existing primary residence or an accessory structure.
(4) When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit.
(5) When there is a car share vehicle located within one block of the accessory dwelling unit. (e) (1) Notwithstanding subdivisions (a) to (d), inclusive, a local agency shall ministerially approve an application for a building permit within a residential or mixed-use zone to create any of the following:
(A) One accessory dwelling unit or and one junior accessory dwelling unit per lot with a proposed or existing single-family dwelling if all of the following apply:
(i) The accessory dwelling unit or junior accessory dwelling unit is within the proposed space of a single-family dwelling or existing space of a single-family dwelling or accessory structure and may include an expansion of not more than 150 square feet beyond the same physical dimensions as the existing accessory structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress. (ii) The space has exterior access from the proposed or existing single-family dwelling. (iii) The side and rear setbacks are sufficient for fire and safety. (iv) The junior accessory dwelling unit complies with the requirements of Section 65852.22. (B) One detached, new construction, accessory dwelling unit that does not exceed four-foot side and rear yard setbacks for a lot with a proposed or existing single-family dwelling. The accessory dwelling unit may be combined with a junior accessory dwelling unit described in subparagraph (A). A local agency may impose the following conditions on the accessory dwelling unit:
(i) A total floor area limitation of not more than 800 square feet. (ii) A height limitation of 16 feet.
(C) (i) Multiple accessory dwelling units within the portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings.
(ii) A local agency shall allow at least one accessory dwelling unit within an existing multifamily dwelling and shall allow up to 25 percent of the existing multifamily dwelling units. (D) Not more than two 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 limit of 16 feet and four-foot rear yard and side setbacks. (2) A local agency shall not require, as a condition for ministerial approval of a permit application for the creation of an accessory dwelling unit or a junior accessory dwelling unit, the correction of nonconforming zoning conditions.
(3) The installation of fire sprinklers shall not be required in an accessory dwelling unit if sprinklers are not required for the primary residence.
(4) A local agency shall require that a rental of the accessory dwelling unit created pursuant to this subdivision be for a term longer than 30 days.
(5) A local agency may require, as part of the application for a permit to create an accessory 35 dwelling unit connected to an onsite wastewater treatment system, a percolation test completed within the last five years, or, if the percolation test has been recertified, within the last 10 years.
(6) Notwithstanding subdivision (c) and paragraph (1) a local agency that has adopted an ordinance by July 1, 2018, providing for the approval of accessory dwelling units in multifamily dwelling structures shall ministerially consider a permit application to construct an accessory dwelling unit that is described in paragraph (1), and may impose standards including, but not limited to, design, development, and historic standards on said accessory dwelling units. These standards shall not include requirements on minimum lot size. (f) (1) Fees charged for the construction of accessory dwelling units shall be determined in accordance with Chapter 5 (commencing with Section 66000) and Chapter 7 (commencing with Section 66012).
(2) An accessory dwelling unit shall not be considered by a local agency, special district, or water corporation to be a new residential use for purposes of calculating connection fees or capacity charges for utilities, including water and sewer service, unless the accessory dwelling unit was constructed with a new single-family dwelling. (3) (A) A local agency, special district, or water corporation shall not impose any impact fee upon the development of an accessory dwelling unit less than 750 square feet. Any impact fees charged for an accessory dwelling unit of 750 square feet or more shall be charged proportionately in relation to the square footage of the primary dwelling unit. (B) For purposes of this paragraph, “impact fee” has the same meaning as the term “fee” is defined in subdivision
(b) of Section 66000, except that it also includes fees specified in Section 66477. “Impact fee” does not include any connection fee or capacity charge charged by a local agency, special district, or water corporation.
(4) For an accessory dwelling unit described in subparagraph (A) of paragraph (1) of subdivision (e), a local agency, special district, or water corporation shall not require the applicant to install a new or separate utility connection directly between the accessory dwelling unit and the utility or impose a related connection fee or capacity charge, unless the accessory dwelling unit was constructed with a new single-family home.
(5) For an accessory dwelling unit that is not described in subparagraph (A) of paragraph (1) of subdivision (e), a local agency, special district, or water corporation may require a new or separate utility connection directly between the accessory dwelling unit and the utility.
Consistent with Section 66013, the connection may be subject to a connection fee or capacity charge that shall be proportionate to the burden of the proposed accessory dwelling unit, based upon either its square feet or the number of its drainage fixture unit (DFU) values, as defined in the Uniform Plumbing Code adopted and published by the International Association of Plumbing and Mechanical Officials, upon the water or sewer system. This fee or charge shall not exceed the reasonable cost of providing this service. (g) This section does not limit the authority of local agencies to adopt less restrictive requirements for the creation of an accessory dwelling unit. (h) (1) A local agency shall submit a copy of the ordinance adopted pursuant to subdivision (a) to the Department of Housing and Community Development within 60 days after adoption.
After adoption of an ordinance, the department may submit written findings to the local agency as to whether the ordinance complies with this section. (2) (A) If the department finds that the local agency’s ordinance does not comply with this section, the department shall notify the local agency and shall provide the local agency with a reasonable time, no longer than 30 days, to respond to the findings before taking any other 36 action authorized by this section.
(B) The local agency shall consider the findings made by the department pursuant to subparagraph (A) and shall do one of the following:
(i) Amend the ordinance to comply with this section.
(ii) Adopt the ordinance without changes. The local agency shall include findings in its resolution adopting the ordinance that explain the reasons the local agency believes that the ordinance complies with this section despite the findings of the department. (3) (A) If the local agency does not amend its ordinance in response to the department’s findings or does not adopt a resolution with findings explaining the reason the ordinance complies with this section and addressing the department’s findings, the department shall notify the local agency and may notify the Attorney General that the local agency is in violation of state law.
(B) Before notifying the Attorney General that the local agency is in violation of state law, the department may consider whether a local agency adopted an ordinance in compliance with this section between January 1, 2017, and January 1, 2020. (i) The department may review, adopt, amend, or repeal guidelines to implement uniform standards or criteria that supplement or clarify the terms, references, and standards set forth in this section. The guidelines adopted pursuant to this subdivision are not subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2. (j) As used in this section, the following terms mean:
(1) “Accessory dwelling unit” means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. An accessory dwelling unit also includes the following:
(A) An efficiency unit.
(B) A manufactured home, as defined in Section 18007 of the Health and Safety Code. (2) “Accessory structure” means a structure that is accessory and incidental to a dwelling located on the same lot.
(3) “Efficiency unit” has the same meaning as defined in Section 17958.1 of the Health and Safety Code.
(4) “Living area” means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure. (5) “Local agency” means a city, county, or city and county, whether general law or chartered. (6) “Nonconforming zoning condition” means a physical improvement on a property that does not conform with current zoning standards.
(7) “Passageway” means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit.
(8) “Proposed dwelling” means a dwelling that is the subject of a permit application and that meets the requirements for permitting.
(9) “Public transit” means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public. (10) “Tandem parking” means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another. (k) A local agency shall not issue a certificate of occupancy for an accessory dwelling unit before the local agency issues a certificate of occupancy for the primary dwelling. (l) Nothing in this section shall be construed to supersede or in any way alter or lessen the 37 effect or application of the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code), except that the local government shall not be required to hold public hearings for coastal development permit applications for accessory dwelling units.
(m) A local agency may count an accessory dwelling unit for purposes of identifying adequate sites for housing, as specified in subdivision (a) of Section 65583.1, subject to authorization by the department and compliance with this division.
(n) In enforcing building standards pursuant to Article 1 (commencing with Section 17960) of Chapter 5 of Part 1.5 of Division 13 of the Health and Safety Code for an accessory dwelling unit described in paragraph (1) or (2) below, a local agency, upon request of an owner of an accessory dwelling unit for a delay in enforcement, shall delay enforcement of a building standard, subject to compliance with Section 17980.12 of the Health and Safety Code:
(1) The accessory dwelling unit was built before January 1, 2020. (2) The accessory dwelling unit was built on or after January 1, 2020, in a local jurisdiction that, at the time the accessory dwelling unit was built, had a noncompliant accessory dwelling unit ordinance, but the ordinance is compliant at the time the request is made. (o) This section shall remain in effect only until January 1, 2025, and as of that date is repealed. (Becomes operative on January 1, 2025)
Section 65852.2 of the Government Code is amended to read (changes from January 1, 2021 statute noted in underline/italic):
65852.2.
(a) (1) A local agency may, by ordinance, provide for the creation of accessory dwelling units in areas zoned to allow single-family or multifamily dwelling residential use. The ordinance shall do all of the following:
(A) Designate areas within the jurisdiction of the local agency where accessory dwelling units may be permitted. The designation of areas may be based on the adequacy of water and sewer services and the impact of accessory dwelling units on traffic flow and public safety. A local agency that does not provide water or sewer services shall consult with the local water or sewer service provider regarding the adequacy of water and sewer services before designating an area where accessory dwelling units may be permitted. (B) (i) Impose standards on accessory dwelling units that include, but are not limited to, parking, height, setback, landscape, architectural review, maximum size of a unit, and standards that prevent adverse impacts on any real property that is listed in the California Register of Historic Resources. These standards shall not include requirements on minimum lot size.
(ii) Notwithstanding clause (i), a local agency may reduce or eliminate parking requirements for any accessory dwelling unit located within its jurisdiction. (C) Provide that accessory dwelling units do not exceed the allowable density for the lot upon which the accessory dwelling unit is located, and that accessory dwelling units are a residential use that is consistent with the existing general plan and zoning designation for the lot. (D) Require the accessory dwelling units to comply with all of the following:
(i) The accessory dwelling unit may be rented separate from the primary residence, but may not be sold or otherwise conveyed separate from the primary residence. (ii) The lot is zoned to allow single-family or multifamily dwelling residential use and includes a proposed or existing dwelling.
(iii) The accessory dwelling unit is either attached to, or located within, the proposed or 38 existing primary dwelling, including attached garages, storage areas or similar uses, or an accessory structure or detached from the proposed or existing primary dwelling and located on the same lot as the proposed or existing primary dwelling. (iv) If there is an existing primary dwelling, the total floor area of an attached accessory dwelling unit shall not exceed 50 percent of the existing primary dwelling. (v) The total floor area for a detached accessory dwelling unit shall not exceed 1,200 square feet. (vi) No passageway shall be required in conjunction with the construction of an accessory dwelling unit.
(vii) No setback shall be required for an existing living area or accessory structure or a structure constructed in the same location and to the same dimensions as an existing structure that is converted to an accessory dwelling unit or to a portion of an accessory dwelling unit, and a setback of no more than four feet from the side and rear lot lines shall be required for an accessory dwelling unit that is not converted from an existing structure or a new structure constructed in the same location and to the same dimensions as an existing structure. (viii) Local building code requirements that apply to detached dwellings, as appropriate. (ix) Approval by the local health officer where a private sewage disposal system is being used, if required.
(x) (I) Parking requirements for accessory dwelling units shall not exceed one parking space per accessory dwelling unit or per bedroom, whichever is less. These spaces may be provided as tandem parking on a driveway.
(II) Offstreet parking shall be permitted in setback areas in locations determined by the local agency or through tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions.
(III) This clause shall not apply to an accessory dwelling unit that is described in subdivision (d). (xi) When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit or converted to an accessory dwelling unit, the local agency shall not require that those offstreet parking spaces be replaced. (xii) Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary residence.
(2) The ordinance shall not be considered in the application of any local ordinance, policy, or program to limit residential growth.
(3) A permit application for an accessory dwelling unit or a junior accessory dwelling unit shall be considered and approved ministerially without discretionary review or a hearing, notwithstanding Section 65901 or 65906 or any local ordinance regulating the issuance of variances or special use permits. The permitting agency shall act on the application to create an accessory dwelling unit or a junior accessory dwelling unit within 60 days from the date the local agency receives a completed application if there is an existing single-family or multifamily dwelling on the lot. If the permit application to create an accessory dwelling unit or a junior accessory dwelling unit is submitted with a permit application to create a new single-family dwelling on the lot, the permitting agency may delay acting on the permit application for the accessory dwelling unit or the junior accessory dwelling unit until the permitting agency acts on the permit application to create the new single-family dwelling, but the application to create the accessory dwelling unit or junior accessory dwelling unit shall be considered without discretionary review or hearing. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay. If the local agency has not acted upon the completed application within 60 days, the application shall be deemed approved. A local agency may charge a fee to reimburse it for costs incurred to implement this paragraph, including the costs 39 of adopting or amending any ordinance that provides for the creation of an accessory dwelling unit.
(4) An existing ordinance governing the creation of an accessory dwelling unit by a local agency or an accessory dwelling ordinance adopted by a local agency shall provide an approval process that includes only ministerial provisions for the approval of accessory dwelling units and shall not include any discretionary processes, provisions, or requirements for those units, except as otherwise provided in this subdivision. If a local agency has an existing accessory dwelling unit ordinance that fails to meet the requirements of this subdivision, that ordinance shall be null and void and that agency shall thereafter apply the standards established in this subdivision for the approval of accessory dwelling units, unless and until the agency adopts an ordinance that complies with this section.
(5) No other local ordinance, policy, or regulation shall be the basis for the delay or denial of a building permit or a use permit under this subdivision. (6) (A) This subdivision establishes the maximum standards that local agencies shall use to evaluate a proposed
accessory dwelling unit on a lot that includes a proposed or existing single-family dwelling. No additional standards, other than those provided in this subdivision, shall be used or imposed, including any owner-occupant requirement, except that imposed except that, subject to subparagraph (B), a local agency may require an applicant for a permit issued pursuant to this subdivision to be an owner-occupant or that the property be used for rentals of terms longer than 30 days.
(B) Notwithstanding subparagraph (A), a local agency shall not impose an owner-occupant requirement on an accessory dwelling unit permitted between January 1, 2020, to January 1, 2025, during which time the local agency was prohibited from imposing an owner-occupant requirement.
(7) A local agency may amend its zoning ordinance or general plan to incorporate the policies, procedures, or other provisions applicable to the creation of an accessory dwelling unit if these provisions are consistent with the limitations of this subdivision. (8) An accessory dwelling unit that conforms to this subdivision shall be deemed to be an accessory use or an accessory building and shall not be considered to exceed the allowable density for the lot upon which it is located, and shall be deemed to be a residential use that is consistent with the existing general plan and zoning designations for the lot. The accessory dwelling unit shall not be considered in the application of any local ordinance, policy, or program to limit residential growth.
(b) When a local agency that has not adopted an ordinance governing accessory dwelling units in accordance with subdivision (a) receives an application for a permit to create an accessory dwelling unit pursuant to this subdivision, the local agency shall approve or disapprove the application ministerially without discretionary review pursuant to subdivision (a). The permitting agency shall act on the application to create an accessory dwelling unit or a junior accessory dwelling unit within 60 days from the date the local agency receives a completed application if there is an existing single-family or multifamily dwelling on the lot. If the permit application to create an accessory dwelling unit or a junior accessory dwelling unit is submitted with a permit application to create a new single-family dwelling on the lot, the permitting agency may delay acting on the permit application for the accessory dwelling unit or the junior accessory dwelling unit until the permitting agency acts on the permit application to create the new single-family dwelling, but the application to create the accessory dwelling unit or junior accessory dwelling unit shall still be considered ministerially without discretionary review or a hearing. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay. If 40 the local agency has not acted upon the completed application within 60 days, the application shall be deemed approved.
(c) (1) Subject to paragraph (2), a local agency may establish minimum and maximum unit size requirements for both attached and detached accessory dwelling units. (2) Notwithstanding paragraph (1), a local agency shall not establish by ordinance any of the following:
(A) A minimum square footage requirement for either an attached or detached accessory dwelling unit that prohibits an efficiency unit.
(B) A maximum square footage requirement for either an attached or detached accessory dwelling unit that is less than either of the following:
(i) 850 square feet.
(ii) 1,000 square feet for an accessory dwelling unit that provides more than one bedroom. (C) Any other minimum or maximum size for an accessory dwelling unit, size based upon a percentage of the proposed or existing primary dwelling, or limits on lot coverage, floor area ratio, open space, and minimum lot size, for either attached or detached dwellings that does not permit at least an 800 square foot accessory dwelling unit that is at least 16 feet in height with four-foot side and rear yard setbacks to be constructed in compliance with all other local development standards.
(d) Notwithstanding any other law, a local agency, whether or not it has adopted an ordinance governing accessory dwelling units in accordance with subdivision (a), shall not impose parking standards for an accessory dwelling unit in any of the following instances:
(1) The accessory dwelling unit is located within one-half mile walking distance of public transit. (2) The accessory dwelling unit is located within an architecturally and historically significant historic district.
(3) The accessory dwelling unit is part of the proposed or existing primary residence or an accessory structure.
(4) When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit.
(5) When there is a car share vehicle located within one block of the accessory dwelling unit. (e) (1) Notwithstanding subdivisions (a) to (d), inclusive, a local agency shall ministerially approve an application for a building permit within a residential or mixed-use zone to create any of the following:
(A) One accessory dwelling unit or and one junior accessory dwelling unit per lot with a proposed or existing single-family dwelling if all of the following apply:
(i) The accessory dwelling unit or junior accessory dwelling unit is within the proposed space of a single-family dwelling or existing space of a single-family dwelling or accessory structure and may include an expansion of not more than 150 square feet beyond the same physical dimensions as the existing accessory structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress. (ii) The space has exterior access from the proposed or existing single-family dwelling. (iii) The side and rear setbacks are sufficient for fire and safety. (iv) The junior accessory dwelling unit complies with the requirements of Section 65852.22. (B) One detached, new construction, accessory dwelling unit that does not exceed four-foot side and rear yard setbacks for a lot with a proposed or existing single-family dwelling. The accessory dwelling unit may be combined with a junior accessory dwelling unit described in subparagraph (A). A local agency may impose the following conditions on the accessory dwelling unit:
(i) A total floor area limitation of not more than 800 square feet. (ii) A height limitation of 16 feet.
41 (C) (i) Multiple accessory dwelling units within the portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings.
(ii) A local agency shall allow at least one accessory dwelling unit within an existing multifamily dwelling and shall allow up to 25 percent of the existing multifamily dwelling units. (D) Not more than two 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 limit of 16 feet and four-foot rear yard and side setbacks. (2) A local agency shall not require, as a condition for ministerial approval of a permit application for the creation of an accessory dwelling unit or a junior accessory dwelling unit, the correction of nonconforming zoning conditions.
(3) The installation of fire sprinklers shall not be required in an accessory dwelling unit if sprinklers are not required for the primary residence.
(4) A local agency may require owner occupancy for either the primary dwelling or the accessory dwelling unit on a single-family lot, subject to the requirements of paragraph (6) of subdivision (a).
(4) (5) A local agency shall require that a rental of the accessory dwelling unit created pursuant to this subdivision be for a term longer than 30 days.
(5) (6) A local agency may require, as part of the application for a permit to create an accessory dwelling unit connected to an onsite wastewater treatment system, a percolation test completed within the last five years, or, if the percolation test has been recertified, within the last 10 years.
(6) (7) Notwithstanding subdivision (c) and paragraph (1) a local agency that has adopted an ordinance by July 1, 2018, providing for the approval of accessory dwelling units in multifamily dwelling structures shall ministerially consider a permit application to construct an accessory dwelling unit that is described in paragraph (1), and may impose standards including, but not limited to, design, development, and historic standards on said accessory dwelling units.
These standards shall not include requirements on minimum lot size. (f) (1) Fees charged for the construction of accessory dwelling units shall be determined in accordance with Chapter 5 (commencing with Section 66000) and Chapter 7 (commencing with Section 66012).
(2) An accessory dwelling unit shall not be considered by a local agency, special district, or water corporation to be a new residential use for purposes of calculating connection fees or capacity charges for utilities, including water and sewer service, unless the accessory dwelling unit was constructed with a new single-family dwelling. (3) (A) A local agency, special district, or water corporation shall not impose any impact fee upon the development of an accessory dwelling unit less than 750 square feet. Any impact fees charged for an accessory dwelling unit of 750 square feet or more shall be charged proportionately in relation to the square footage of the primary dwelling unit. (B) For purposes of this paragraph, “impact fee” has the same meaning as the term “fee” is defined in subdivision
(b) of Section 66000, except that it also includes fees specified in Section 66477. “Impact fee” does not include any connection fee or capacity charge charged by a local agency, special district, or water corporation.
(4) For an accessory dwelling unit described in subparagraph (A) of paragraph (1) of subdivision (e), a local agency, special district, or water corporation shall not require the applicant to install a new or separate utility connection directly between the accessory 42 dwelling unit and the utility or impose a related connection fee or capacity charge, unless the accessory dwelling unit was constructed with a new single-family home. dwelling. (5) For an accessory dwelling unit that is not described in subparagraph (A) of paragraph (1) of subdivision (e), a local agency, special district, or water corporation may require a new or separate utility connection directly between the accessory dwelling unit and the utility.
Consistent with Section 66013, the connection may be subject to a connection fee or capacity charge that shall be proportionate to the burden of the proposed accessory dwelling unit, based upon either its square feet or the number of its drainage fixture unit (DFU) values, as defined in the Uniform Plumbing Code adopted and published by the International Association of Plumbing and Mechanical Officials, upon the water or sewer system. This fee or charge shall not exceed the reasonable cost of providing this service. (g) This section does not limit the authority of local agencies to adopt less restrictive requirements for the creation of an accessory dwelling unit. (h) (1) A local agency shall submit a copy of the ordinance adopted pursuant to subdivision (a) to the Department of Housing and Community Development within 60 days after adoption.
After adoption of an ordinance, the department may submit written findings to the local agency as to whether the ordinance complies with this section. (2) (A) If the department finds that the local agency’s ordinance does not comply with this section, the department shall notify the local agency and shall provide the local agency with a reasonable time, no longer than 30 days, to respond to the findings before taking any other action authorized by this section.
(B) The local agency shall consider the findings made by the department pursuant to subparagraph (A) and shall do one of the following:
(i) Amend the ordinance to comply with this section.
(ii) Adopt the ordinance without changes. The local agency shall include findings in its resolution adopting the ordinance that explain the reasons the local agency believes that the ordinance complies with this section despite the findings of the department. (3) (A) If the local agency does not amend its ordinance in response to the department’s findings or does not adopt a resolution with findings explaining the reason the ordinance complies with this section and addressing the department’s findings, the department shall notify the local agency and may notify the Attorney General that the local agency is in violation of state law.
(B) Before notifying the Attorney General that the local agency is in violation of state law, the department may consider whether a local agency adopted an ordinance in compliance with this section between January 1, 2017, and January 1, 2020. (i) The department may review, adopt, amend, or repeal guidelines to implement uniform standards or criteria that supplement or clarify the terms, references, and standards set forth in this section. The guidelines adopted pursuant to this subdivision are not subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2. (j) As used in this section, the following terms mean:
(1) “Accessory dwelling unit” means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. An accessory dwelling unit also includes the following:
(A) An efficiency unit.
(B) A manufactured home, as defined in Section 18007 of the Health and Safety Code. (2) “Accessory structure” means a structure that is accessory and incidental to a dwelling located 43 on the same lot.
(3) “Efficiency unit” has the same meaning as defined in Section 17958.1 of the Health and Safety Code.
(4) “Living area” means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure. (5) “Local agency” means a city, county, or city and county, whether general law or chartered. (6) “Nonconforming zoning condition” means a physical improvement on a property that does not conform with current zoning standards.
(7) “Passageway” means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit.
(8) “Proposed dwelling” means a dwelling that is the subject of a permit application and that meets the requirements for permitting.
(9) “Public transit” means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public. (10) “Tandem parking” means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another. (k) A local agency shall not issue a certificate of occupancy for an accessory dwelling unit before the local agency issues a certificate of occupancy for the primary dwelling. (l) Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code), except that the local government shall not be required to hold public hearings for coastal development permit
applications for accessory dwelling units.
(m) A local agency may count an accessory dwelling unit for purposes of identifying adequate sites for housing, as specified in subdivision (a) of Section 65583.1, subject to authorization by the department and compliance with this division.
(n) In enforcing building standards pursuant to Article 1 (commencing with Section 17960) of Chapter 5 of Part 1.5 of Division 13 of the Health and Safety Code for an accessory dwelling unit described in paragraph (1) or (2) below, a local agency, upon request of an owner of an accessory dwelling unit for a delay in enforcement, shall delay enforcement of a building standard, subject to compliance with Section 17980.12 of the Health and Safety Code:
(1) The accessory dwelling unit was built before January 1, 2020. (2) The accessory dwelling unit was built on or after January 1, 2020, in a local jurisdiction that, at the time the accessory dwelling unit was built, had a noncompliant accessory dwelling unit ordinance, but the ordinance is compliant at the time the request is made. (o) This section shall remain in effect only until January 1, 2025, and as of that date is repealed. become operative on January 1, 2025.
44 GOV. CODE: TITLE 7, DIVISION 1, CHAPTER 4,
ARTICLE 2
AB 345 (Accessory Dwelling Units)
Effective January 1, 2022, Section 65852.26 is amended to read:
65852.26.
(a) Notwithstanding clause (i) of subparagraph (D) of paragraph (1) of subdivision (a) of Section 65852.2, a local agency may, by ordinance, shall allow an accessory dwelling unit to be sold or conveyed separately from the primary residence to a qualified buyer if all of the following apply:
(1) The property accessory dwelling unit or the primary dwelling was built or developed by a qualified nonprofit corporation.
(2) There is an enforceable restriction on the use of the land pursuant to a recorded contract between the qualified buyer and the qualified nonprofit corporation that satisfies all of the requirements specified in paragraph (10) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code.
(3) The property is held pursuant to a recorded tenancy in common agreement that includes all of the following:
(A) The agreement allocates to each qualified buyer an undivided, unequal interest in the property based on the size of the dwelling each that qualified buyer occupies. (B) A repurchase option that requires the qualified buyer to first offer the qualified nonprofit corporation to buy the property accessory dwelling unit or primary dwelling if the buyer desires to sell or convey the property.
(C) A requirement that the qualified buyer occupy the property accessory dwelling unit or primary dwelling as the buyer’s principal residence.
(D) Affordability restrictions on the sale and conveyance of the property accessory dwelling unit or primary dwelling that ensure the property accessory dwelling unit and primary dwelling will be preserved for low-income housing for 45 years for owner-occupied housing units and will be sold or resold to a qualified buyer.
(E) If the tenancy in common agreement is recorded after December 31, 2021, it shall also include all of the following
(i) Delineation of all areas of the property that are for the exclusive use of a cotenant. Each cotenant shall agree not to claim a right of occupancy to an area delineated for the exclusive use of another cotenant, provided that the latter cotenant’s obligations to each of the other cotenants have been satisfied.
(ii) Delineation of each cotenant’s responsibility for the costs of taxes, insurance, utilities, general maintenance and repair, improvements, and any other costs, obligations, or liabilities associated with the property. This delineation shall only be binding on the parties to the agreement, and shall not supersede or obviated the liability, whether joint and several or otherwise, of the parties for any cost, obligation, or liability associated with the property where such liability is otherwise established by law or by agreement with a third party. 45 (iii) Procedures for dispute resolution among the parties before resorting to legal action. (4) A grant deed naming the grantor, grantee, and describing the property interests being transferred shall be recorded in the county in which the property is located. A Preliminary Change of Ownership Report shall be filed concurrently with this grant deed pursuant to Section 480.3 of the Revenue and Taxation Code.
(5) Notwithstanding subparagraph (A) of paragraph (2) of subdivision (f) of Section 65852.2, if requested by a utility providing service to the primary residence, the accessory dwelling unit has a separate water, sewer, or electrical connection to that utility. (b) For purposes of this section, the following definitions apply:
(1) “Qualified buyer” means persons and families of low or moderate income, as that term is defined in Section 50093 of the Health and Safety Code. (2) “Qualified nonprofit corporation” means a nonprofit corporation organized pursuant to Section 501(c)(3) of the Internal Revenue Code that has received a welfare exemption under Section 214.15 of the Revenue and Taxation Code for properties intended to be sold to low- income families who participate in a special no-interest loan program.
Effective January 1, 2021, Section 4740 of the Civil Code is amended to read (changes noted in strikeout, underline/italics) (AB 3182 (Ting)):
4740.
(a) An owner of a separate interest in a common interest development shall not be subject to a provision in a governing document or an amendment to a governing document that prohibits the rental or leasing of any of the separate interests in that common interest development to a renter, lessee, or tenant unless that governing document, or amendment thereto, was effective prior to the date the owner acquired title to his or her their separate interest.
(b) Notwithstanding the provisions of this section, an owner of a separate interest in a common interest development may expressly consent to be subject to a governing document or an amendment to a governing document that prohibits the rental or leasing of any of the separate interests in the common interest development to a renter, lessee, or tenant. (c) (b) For purposes of this section, the right to rent or lease the separate interest of an owner shall not be deemed to have terminated if the transfer by the owner of all or part of the separate interest meets at least one of the following conditions:
(1) Pursuant to Section 62 or 480.3 of the Revenue and Taxation Code, the transfer is exempt, for purposes of reassessment by the county tax assessor. (2) Pursuant to subdivision (b) of, solely with respect to probate transfers, or subdivision (e), (f), or (g) of, Section 1102.2, the transfer is exempt from the requirements to prepare and deliver a Real Estate Transfer Disclosure Statement, as set forth in Section 1102.6. (d) (c) Prior to renting or leasing his or her their separate interest as provided by this section, an owner shall provide the association verification of the date the owner acquired title to the separate interest and the name and contact information of the prospective tenant or lessee or the prospective tenant’s or lessee’s representative.
(e) (d) Nothing in this section shall be deemed to revise, alter, or otherwise affect the voting process by which a common interest development adopts or amends its governing documents.
46 (f) This section shall apply only to a provision in a governing document or a provision in an amendment to a governing document that becomes effective on or after January 1, 2012.
Effective January 1, 2021 of the Section 4741 was added to the Civil Code, to read:
4741.
(a) An owner of a separate interest in a common interest development shall not be subject to a provision in a governing document or an amendment to a governing document that prohibits, has the effect of prohibiting, or unreasonably restricts the rental or leasing of any of the separate interests, accessory dwelling units, or junior accessory dwelling units in that common interest development to a renter, lessee, or tenant. (b) A common interest development shall not adopt or enforce a provision in a governing document or amendment to a governing document that restricts the rental or lease of separate interests within a common interest to less than 25 percent of the separate interests. Nothing in this subdivision prohibits a common interest development from adopting or enforcing a provision authorizing a higher percentage of separate interests to be rented or leased. (c) This section does not prohibit a common interest development from adopting and enforcing a provision in a governing document that prohibits transient or short-term rental of a separate property interest for a period of 30 days or less.
(d) For purposes of this section, an accessory dwelling unit or junior accessory dwelling unit shall not be construed as a separate interest.
(e) For purposes of this section, a separate interest shall not be counted as occupied by a renter if the separate interest, or the accessory dwelling unit or junior accessory dwelling unit of the separate interest, is occupied by the owner.
(f) A common interest development shall comply with the prohibition on rental restrictions specified in this section on and after January 1, 2021, regardless of whether the common interest development has revised their governing documents to comply with this section.
However, a common interest development shall amend their governing documents to conform to the requirements of this section no later than December 31, 2021. (g) A common interest development that willfully violates this section shall be liable to the applicant or other party for actual damages, and shall pay a civil penalty to the applicant or other party in an amount not to exceed one thousand dollars ($1,000). (h) In accordance with Section 4740, this section does not change the right of an owner of a separate interest who acquired title to their separate interest before the effective date of this section to rent or lease their property.
Effective January 1, 2020, Section 65852.22 of the Government Code was amended to read:
65852.22.
(a) Notwithstanding Section 65852.2, a local agency may, by ordinance, provide for the creation of junior accessory dwelling units in single-family residential zones. The ordinance may require a permit to be obtained for the creation of a junior accessory dwelling unit, and shall do all of the following:
(1) Limit the number of junior accessory dwelling units to one per residential lot zoned for single-family residences with a single-family residence built, or proposed to be built, on the lot. (2) Require owner-occupancy in the single-family residence in which the junior accessory dwelling unit will be permitted. The owner may reside in either the remaining portion of the 47 structure or the newly created junior accessory dwelling unit. Owner-occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization. (3) Require the recordation of a deed restriction, which shall run with the land, shall be filed with the permitting agency, and shall include both of the following:
(A) A prohibition on the sale of the junior accessory dwelling unit separate from the sale of the single-family residence, including a statement that the deed restriction may be enforced against future purchasers.
(B) A restriction on the size and attributes of the junior accessory dwelling unit that conforms with this section.
(4) Require a permitted junior accessory dwelling unit to be constructed within the walls of proposed or existing single-family residence.
(5) Require a permitted junior accessory dwelling to include a separate entrance from the main entrance to the proposed or existing single-family residence. (6) Require the permitted junior accessory dwelling unit to include an efficiency kitchen, which shall include all of the following:
(A) A cooking facility with appliances.
(B) A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.
(b) (1) An ordinance shall not require additional parking as a condition to grant a permit. (2) This subdivision shall not be interpreted to prohibit the requirement of an inspection, including the imposition of a fee for that inspection, to determine if the junior accessory dwelling unit complies with applicable building standards. (c) An application for a permit pursuant to this section shall, notwithstanding Section 65901 or 65906 or any local ordinance regulating the issuance of variances or special use permits, be considered ministerially, without discretionary review or a hearing. The permitting agency shall act on the application to create a junior accessory dwelling unit within 60 days from the date the local agency receives a completed application if there is an existing single-family dwelling on the lot. If the permit application to create a junior accessory dwelling unit is submitted with a permit application to create a new single-family dwelling on the lot, the permitting agency may delay acting on the permit application for the junior accessory dwelling unit until the permitting agency acts on the permit application to create the new single-family dwelling, but the application to create the junior accessory dwelling unit shall still be considered ministerially without discretionary review or a hearing. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay. A local agency may charge a fee to reimburse the local agency for costs incurred in connection with the issuance of a permit pursuant to this section.
(d) For purposes of any fire or life protection ordinance or regulation, a junior accessory dwelling unit shall not be considered a separate or new dwelling unit. This section shall not be construed to prohibit a city, county, city and county, or other local public entity from adopting an ordinance or regulation relating to fire and life protection requirements within a single- family residence that contains a junior accessory dwelling unit so long as the ordinance or regulation applies uniformly to all single-family residences within the zone regardless of whether the single-family residence includes a junior accessory dwelling unit or not. (e) For purposes of providing service for water, sewer, or power, including a connection fee, a junior accessory dwelling unit shall not be considered a separate or new dwelling unit. (f) This section shall not be construed to prohibit a local agency from adopting an ordinance or regulation, related to parking or a service or a connection fee for water, sewer, or power, that applies to a single-family residence that contains a junior accessory dwelling unit, so long as 48 that ordinance or regulation applies uniformly to all single- family residences regardless of whether the single-family residence includes a junior accessory dwelling unit. (g) If a local agency has not adopted a local ordinance pursuant to this section, the local agency shall ministerially approve a permit to construct a junior accessory dwelling unit that satisfies the requirements set forth in subparagraph (A) of paragraph (1) of subdivision (e) of Section 65852.2 and the requirements of this section.
(h) For purposes of this section, the following terms have the following meanings:
(1) “Junior accessory dwelling unit” means a unit that is no more than 500 square feet in size and contained entirely within a single-family residence. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure.
(2) “Local agency” means a city, county, or city and county, whether general law or chartered.
Effective January 1, 2020 Section 17980.12 was added to the Health and Safety Code, immediately following Section 17980.11, to read:
17980.12.
(a) (1) An enforcement agency, until January 1, 2030, that issues to an owner of an accessory dwelling unit described in subparagraph (A) or (B) below, a notice to correct a violation of any provision of any building standard pursuant to this part shall include in that notice a statement that the owner of the unit has a right to request a delay in enforcement pursuant to this subdivision:
(A) The accessory dwelling unit was built before January 1, 2020. (B) The accessory dwelling unit was built on or after January 1, 2020, in a local jurisdiction that, at the time the accessory dwelling unit was built, had a noncompliant accessory dwelling unit ordinance, but the ordinance is compliant at the time the request is made. (2) The owner of an accessory dwelling unit that receives a notice to correct violations or abate nuisances as described in paragraph (1) may, in the form and manner prescribed by the enforcement agency, submit an application to the enforcement agency requesting that enforcement of the violation be delayed for five years on the basis that correcting the violation is not necessary to protect health and safety.
(3) The enforcement agency shall grant an application described in paragraph (2) if the enforcement determines that correcting the violation is not necessary to protect health and safety. In making this determination, the enforcement agency shall consult with the entity responsible for enforcement of building standards and other regulations of the State Fire Marshal pursuant to Section 13146.
(4) The enforcement agency shall not approve any applications pursuant to this section on or after January 1, 2030. However, any delay that was approved by the enforcement agency before January 1, 2030, shall be valid for the full term of the delay that was approved at the time of the initial approval of the application pursuant to paragraph (3). (b) For purposes of this section, “accessory dwelling unit” has the same meaning as defined in Section 65852.2.
(c) This section shall remain in effect only until January 1, 2035, and as of that date is repealed. 49 CIVIL CODE: DIVISION 4, PART 5, CHAPTER 5,
ARTICLE 1
AB 670 Accessory Dwelling Units
Effective January 1, 2020, Section 4751 was added to the Civil Code, to read (AB 670 (Friedman)):
4751.
(a) Any covenant, restriction, or condition contained in any deed, contract, security instrument, or other instrument affecting the transfer or sale of any interest in a planned development, and any provision of a governing document, that either effectively prohibits or unreasonably restricts the construction or use of an accessory dwelling unit or junior accessory dwelling unit on a lot zoned for single-family residential use that meets the requirements of Section 65852.2 or 65852.22 of the Government Code, is void and unenforceable. (b) This section does not apply to provisions that impose reasonable restrictions on accessory dwelling units or junior accessory dwelling units. For purposes of this subdivision, “reasonable restrictions” means restrictions that do not unreasonably increase the cost to construct, effectively prohibit the construction of, or extinguish the ability to otherwise construct, an accessory dwelling unit or junior accessory dwelling unit consistent with the provisions of Section 65852.2 or 65852.22 of the Government Code.
GOV. CODE: TITLE 7, DIVISION 1, CHAPTER 3,
ARTICLE 10.6
AB 671 Accessory Dwelling Units
Effective January 1, 2020, Section 65583(c)(7) of the Government Code was added to read (sections of housing element law omitted for conciseness) (AB 671 (Friedman)):
65583(c)(7).
Develop a plan that incentivizes and promotes the creation of accessory dwelling units that can be offered at affordable rent, as defined in Section 50053 of the Health and Safety Code, for very low, low-, or moderate-income households. For purposes of this paragraph, “accessory dwelling units” has the same meaning as “accessory dwelling unit” as defined in paragraph (4) of subdivision (i) of Section 65852.2.
Effective January 1, 2020, Section 50504.5 was added to the Health and Safety Code, to read (AB 671 (Friedman)):
50504.5.
(a) The department shall develop by December 31, 2020, a list of existing state grants and financial incentives for operating, administrative, and other expenses in connection with the planning, construction, and operation of an accessory dwelling unit with affordable rent, as defined in Section 50053, for very low, low-, and moderate-income households. (b) The list shall be posted on the department’s internet website by December 31, 2020. (c) For purposes of this section, “accessory dwelling unit” has the same meaning as defined in paragraph (4) of subdivision (i) of Section 65852.2 of the Government Code.
50 GOV. CODE: TITLE 7, DIVISION 1, CHAPTER 4, ARTICLE 2 & TITLE 7, DIVISION 2, CHAPTER 1, ARTICLE 1
SB 9 Housing development: approvals
Effective January 1, 2022, Section 65852.21 was added to the Government Code, to read:
65852.21. (a) A proposed housing development containing no more than two residential units within a single-family residential zone shall be considered ministerially, without discretionary review or a hearing, if the proposed housing development meets all of the following requirements:
(1) The parcel subject to the proposed housing development is located within a city, the boundaries of which include some portion of either an urbanized area or urban cluster, as designated by the United States Census Bureau, or, for unincorporated areas, a legal parcel wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau.
(2) The parcel satisfies the requirements specified in subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a) of Section 65913.4.
(3) Notwithstanding any provision of this section or any local law, the proposed housing development would not require demolition or alteration of any of the following types of housing:
(A) Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income. (B) Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power.
(C) Housing that has been occupied by a tenant in the last three years. (4) The parcel subject to the proposed housing development is not a parcel on which an owner of residential real property has exercised the owner’s rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application. 94 — 3 — Ch. 162 (5) The proposed housing development does not allow the demolition of more than 25 percent of the existing exterior structural walls, unless the housing development meets at least one of the following conditions:
(A) If a local ordinance so allows.
(B) The site has not been occupied by a tenant in the last three years. (6) The development is not located within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance.
(b)(1) Notwithstanding any local law and except as provided in paragraph (2), a local agency may impose objective zoning standards, objective subdivision standards, and objective design review standards that do not conflict with this section.
(2)(A) The local agency shall not impose objective zoning standards, objective subdivision standards, and objective design standards that would have the effect of physically precluding the construction of up to two units or that would physically preclude either of the two units from being at least 800 square feet in floor area. (B)(i) Notwithstanding subparagraph (A), no setback shall be required for an existing structure or a structure constructed in the same location and to the same dimensions as an existing structure.
(ii) Notwithstanding subparagraph (A), in all other circumstances not described in clause (i), a local agency may require a setback of up to four feet from the side and rear lot lines. 51 (c) In addition to any conditions established in accordance with subdivision (b), a local agency may require any of the following conditions when considering an application for two residential units as provided for in this section:
(1) Off-street parking of up to one space per unit, except that a local agency shall not impose parking requirements in either of the following instances:
(A) The parcel is located within one-half mile walking distance of either a high-quality transit corridor, as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop, as defined in Section 21064.3 of the Public Resources Code. (B) There is a car share vehicle located within one block of the parcel. (2) For residential units connected to an onsite wastewater treatment system, a percolation test completed within the last 5 years, or, if the percolation test has been recertified, within the last 10 years. (d) Notwithstanding subdivision (a), a local agency may deny a proposed housing development project if the building official makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety or the physical environment and for which there is 94 Ch. 162 — 4 — no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. (e) A local agency shall require that a rental of any unit created pursuant to this section be for a term longer than 30 days.
(f) Notwithstanding Section 65852.2 or 65852.22, a local agency shall not be required to permit an accessory dwelling unit or a junior accessory dwelling unit on parcels that use both the authority contained within this section and the authority contained in Section 66411.7. (g) Notwithstanding subparagraph (B) of paragraph (2) of subdivision (b), an application shall not be rejected solely because it proposes adjacent or connected structures provided that the structures meet building code safety standards and are sufficient to allow separate conveyance. (h) Local agencies shall include units constructed pursuant to this section in the annual housing element report as required by subparagraph (I) of paragraph (2) of subdivision (a) of Section 65400.
(i) For purposes of this section, all of the following apply:
(1) A housing development contains two residential units if the development proposes no more than two new units or if it proposes to add one new unit to one existing unit. (2) The terms “objective zoning standards,” “objective subdivision standards,” and “objective design review standards” mean standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by both the development applicant or proponent and the public official prior to submittal. These standards may be embodied in alternative objective land use specifications adopted by a local agency, and may include, but are not limited to, housing overlay zones, specific plans, inclusionary zoning ordinances, and density bonus ordinances. (3) “Local agency” means a city, county, or city and county, whether general law or chartered. (j) A local agency may adopt an ordinance to implement the provisions of this section. An ordinance adopted to implement this section shall not be considered a project under Division 13 (commencing with Section 21000) of the Public Resources Code.
(k) Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code), except that the local agency shall not be required to hold public hearings for coastal development permit applications for a housing development pursuant to this section.
52 Section 66411.7 is added to the Government Code, to read:
66411.7. (a) Notwithstanding any other provision of this division and any local law, a local agency shall ministerially approve, as set forth in this section, a parcel map for an urban lot split only if the local agency determines that the parcel map for the urban lot split meets all the following requirements:
(1) The parcel map subdivides an existing parcel to create no more than two new parcels of approximately equal lot area provided that one parcel shall not be smaller than 40 percent of the lot area of the original parcel proposed for subdivision.
(2) (A) Except as provided in subparagraph (B), both newly created parcels are no smaller than 1,200 square feet. (B) A local agency may by ordinance adopt a smaller minimum lot size subject to ministerial approval under this subdivision.
(3) The parcel being subdivided meets all the following requirements:
(A) The parcel is located within a single-family residential zone. (B) The parcel subject to the proposed urban lot split is located within a city, the boundaries of which include some portion of either an urbanized area or urban cluster, as designated by the United States Census Bureau, or, for unincorporated areas, a legal parcel wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau.
(C) The parcel satisfies the requirements specified in subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a) of Section 65913.4.
(D) The proposed urban lot split would not require demolition or alteration of any of the following types of housing: (i) Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income. (ii) Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power. (iii) A parcel or parcels on which an owner of residential real property has exercised the owner’s rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application.
(iv) Housing that has been occupied by a tenant in the last three years. (E) The parcel is not located within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance.
(F) The parcel has not been established through prior exercise of an urban lot split as provided for in this section. (G) Neither the owner of the parcel being subdivided nor any person acting in concert with the owner has previously subdivided an adjacent parcel using an urban lot split as provided for in this section.
(b) An application for a parcel map for an urban lot split shall be approved in accordance with the following requirements:
(1) A local agency shall approve or deny an application for a parcel map for an urban lot split ministerially without discretionary review.
(2) A local agency shall approve an urban lot split only if it conforms to all applicable objective requirements of the Subdivision Map Act (Division 2 (commencing with Section 66410)), except as otherwise expressly provided in this section.
(3) Notwithstanding Section 66411.1, a local agency shall not impose regulations that require dedications of rights-of-way or the construction of offsite improvements for the parcels being created as a condition of issuing a parcel map for an urban lot split pursuant to this section. 53 (c) (1) Except as provided in paragraph (2), notwithstanding any local law, a local agency may impose objective zoning standards, objective subdivision standards, and objective design review standards applicable to a parcel created by an urban lot split that do not conflict with this section. (2) A local agency shall not impose objective zoning standards, objective subdivision standards, and objective design review standards that would have the effect of physically precluding the construction of two units on either of the resulting parcels or that would result in a unit size of less than 800 square feet.
(3) (A) Notwithstanding paragraph (2), no setback shall be required for an existing structure or a structure constructed in the same location and to the same dimensions as an existing structure. (B) Notwithstanding paragraph (2), in all other circumstances not described in subparagraph (A), a local agency may require a setback of up to four feet from the side and rear lot lines. (d) Notwithstanding subdivision (a), a local agency may deny an urban lot split if the building official makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.
(e) In addition to any conditions established in accordance with this section, a local agency may require any of the following conditions when considering an application for a parcel map for an urban lot split:
(1) Easements required for the provision of public services and facilities. (2) A requirement that the parcels have access to, provide access to, or adjoin the public right-of- way. (3) Off-street parking of up to one space per unit, except that a local agency shall not impose parking requirements in either of the following instances:
(A) The parcel is located within one-half mile walking distance of either a high-quality transit corridor as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop as defined in Section 21064.3 of the Public Resources Code. (B) There is a car share vehicle located within one block of the parcel. (f) A local agency shall require that the uses allowed on a lot created by this section be limited to residential uses. (g) (1) A local agency shall require an applicant for an urban lot split to sign an affidavit stating that the applicant intends to occupy one of the housing units as their principal residence for a minimum of three years from the date of the approval of the urban lot split. (2) This subdivision shall not apply to an applicant that is a “community land trust,” as defined in clause (ii) of subparagraph (C) of paragraph (11) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code, or is a “qualified nonprofit corporation” as described in Section 214.15 of the Revenue and Taxation Code.
(3) A local agency shall not impose additional owner occupancy standards, other than provided for in this subdivision, on an urban lot split pursuant to this section. (h) A local agency shall require that a rental of any unit created pursuant to this section be for a term longer than 30 days.
(i) A local agency shall not require, as a condition for ministerial approval of a parcel map application for the creation of an urban lot split, the correction of nonconforming zoning conditions. (j) (1) Notwithstanding any provision of Section 65852.2, 65852.21, 65852.22, 65915, or this section, a local agency shall not be required to permit more than two units on a parcel created through the exercise of the authority contained within this section. (2) For the purposes of this section, “unit” means any dwelling unit, including, but not limited to, a unit or units created pursuant to Section 65852.21, a primary dwelling, an accessory dwelling unit as defined in Section 65852.2, or a junior accessory dwelling unit as defined in Section 65852.22. 54 (k) Notwithstanding paragraph (3) of subdivision (c), an application shall not be rejected solely because it proposes adjacent or connected structures provided that the structures meet building code safety standards and are sufficient to allow separate conveyance. (l) Local agencies shall include the number of applications for parcel maps for urban lot splits pursuant to this section in the annual housing element report as required by subparagraph (I) of paragraph (2) of subdivision (a) of Section 65400.
(m) For purposes of this section, both of the following shall apply:
(1) “Objective zoning standards,” “objective subdivision standards,” and “objective design review standards” mean standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal. These standards may be embodied in alternative objective land use specifications adopted by a local agency, and may include, but are not limited to, housing overlay zones, specific plans, inclusionary zoning ordinances, and density bonus ordinances. (2) “Local agency” means a city, county, or city and county, whether general law or chartered. (n) A local agency may adopt an ordinance to implement the provisions of this section. An ordinance adopted to implement this section shall not be considered a project under Division 13 (commencing with Section 21000) of the Public Resources Code. (o) Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code), except that the local agency shall not be required to hold public hearings for coastal development permit applications for urban lot splits pursuant to this section.
55 Attachment 2: ADU Resources
ACCESSORY DWELLING UNITS: CASE STUDY
By the United States Department of Housing and Urban Development, Office of Policy Development and Research. (2008)
Introduction: Accessory dwelling units (ADUs) — also referred to as accessory apartments, ADUs, or granny flats— are additional living quarters on single-family lots that are independent of the primary dwelling unit. The separate living spaces are equipped with kitchen and bathroom facilities and can be either attached or detached from the main residence. This case study explores how the adoption of ordinances, with reduced regulatory restrictions to encourage ADUs, can be advantageous for communities. Following an explanation of the various types of ADUs and their benefits, this case study provides examples of municipalities with successful ADU legislation and programs. Section titles include: History of ADUs; Types of Accessory Dwelling Units; Benefits of Accessory Dwelling Units; and Examples of ADU Ordinances and Programs.
ADU UPDATE: EARLY LESSONS AND IMPACTS OF CALIFORNIA’S STATE AND LOCAL
POLICY CHANGES
By David Garcia (2017)
Terner Center for Housing and Innovation, UC Berkeley
As California’s housing crisis deepens, innovative strategies for creating new housing units for all income levels are needed. One such strategy is building Accessory Dwelling Units (ADUs) by private homeowners. While large scale construction of new market rate and affordable homes is needed to alleviate demand-driven rent increases and displacement pressures, ADUs present a unique opportunity for individual homeowners to create more housing as well. In particular, ADUs can increase the supply of housing in areas where there are fewer opportunities for larger-scale developments, such as neighborhoods that are predominantly zoned for and occupied by single-family homes.
In two of California’s major metropolitan areas -- Los Angeles and San Francisco -- well over three quarters of the total land area is comprised of neighborhoods where single-family homes make up at least 60 percent of the community’s housing stock. Across the state, single-family detached units make up 56.4 percent of the overall housing stock. Given their prevalence in the state’s residential land use patterns, increasing the number of single- family homes that have an ADU could contribute meaningfully to California’s housing shortage.
ACCESSORY DWELLING UNITS AS LOW-INCOME HOUSING: CALIFORNIA’ FAUSTIAN
BARGAIN
By Darrel Ramsey-Musolf (2018)
University of Massachusetts Amherst, ScholarWorks@UMass Amherst
56 In 2003, California allowed cities to count accessory dwelling units (ADU) towards low- income housing needs. Unless a city’s zoning code regulates the ADU’s maximum rent, occupancy income, and/or effective period, then the city may be unable to enforce low- income occupancy. After examining a stratified random sample of 57 low-, moderate-, and high-income cities, the high-income cities must proportionately accommodate more low- income needs than low-income cities. By contrast, low-income cities must quantitatively accommodate three times the low- income needs of high-income cities. The sample counted 750 potential ADUs as low-income housing. Even though 759 were constructed, no units were identified as available low-income housing. In addition, none of the cities’ zoning codes enforced low-income occupancy. Inferential tests determined that cities with colleges and high incomes were more probable to count ADUs towards overall and low-income housing needs. Furthermore, a city’s count of potential ADUs and cities with high proportions of renters maintained positive associations with ADU production, whereas a city’s density and prior compliance with state housing laws maintained negative associations. In summary, ADUs did increase local housing inventory and potential ADUs were positively associated with ADU production, but ADUs as low-income housing remained a paper calculation.
IMPLEMENTING THE BACKYARD REVOLUTION: PERSPECTIVES OF CALIFORNIA’S ADU OWNERS (2022)
By Karen Chapple, Dori Ganetsos, and Emmanuel Lopez (2022) UC Berkeley Center for Community Innovation
The report presents the findings from the first-ever statewide ADU owner survey in California.
JUMPSTARTING THE MARKET FOR ACCESSORY DWELLING UNITS: LESSONS
LEARNED FROM PORTLAND, SEATTLE AND VANCOUVER
By Karen Chapple et al (2017)
Terner Center for Housing and Innovation, UC Berkeley
Despite government attempts to reduce barriers, a widespread surge of ADU construction has not materialized. The ADU market remains stalled. To find out why, this study looks at three cities in the Pacific Northwest of the United States and Canada that have seen a spike in construction in recent years: Portland, Seattle, and Vancouver. Each city has adopted a set of zoning reforms, sometimes in combination with financial incentives and outreach programs, to spur ADU construction. Due to these changes, as well as the acceleration of the housing crisis in each city, ADUs have begun blossoming.
THE MACRO VIEW ON MICRO UNITS
By Bill Whitlow, et al. – Urban Land Institute
(2014) Library Call #: H43 4.21 M33 2014
57 The Urban Land Institute Multifamily Housing Councils were awarded a ULI Foundation research grant in fall 2013 to evaluate from multiple perspectives the market performance and market acceptance of micro and small units.
REACHING CALIFORNIA’S ADU POTENTIAL: PROGRESS TO DATE AND THE NEED FOR
ADU FINANCE
Karen Chapple, et al. – Terner Center (2020)
To build upon the early success of ADU legislation, the study argues that more financial tools are needed to facilitate greater ADU development amongst low to moderate income homeowners who do not have access to cash saving and cannot leverage home equity. The study recommends that the federal government create ADU-specific construction lending programs. In addition, California could lead this effort by creating a program to assist homeowners in qualifying for ADU construction loans.
RETHINKING PRIVATE ACCESSORY DWELLINGS
By William P. Macht. Urbanland online. (March 6, 2015)
Library Location: Urbanland 74 (1/2) January/February 2015, pp. 87-91.
One of the large impacts of single-use, single-family detached zoning has been to severely shrink the supply of accessory dwellings, which often were created in or near primary houses.
Detached single-family dwelling zones— the largest housing zoning category—typically preclude more than one dwelling per lot except under stringent regulation, and then only in some jurisdictions. Bureaucratically termed “accessory dwelling units” that are allowed by some jurisdictions may encompass market-derived names such as granny flats, granny cottages, mother-in-law suites, secondary suites, backyard cottages, casitas, carriage flats, sidekick houses, basement apartments, attic apartments, laneway houses, multigenerational homes, or home-within-a-home.
REGULATION ADUS IN CALIFORNIA: LOCAL APPROACHES & OUTCOMES
By Deidra Pfeiffer (May 16, 2019)
Terner Center for Housing and Innovation, UC Berkeley
Accessory dwelling units (ADU) are often mentioned as a key strategy in solving the nation’s housing problems, including housing affordability and challenges associated with aging in place. However, we know little about whether formal ADU practices—such as adopting an ordinance, establishing regulations, and permitting— contribute to these goals. This research helps to fill this gap by using data from the Terner California Residential Land Use Survey and the U.S. Census Bureau to understand the types of communities engaging in different kinds of formal ADU practices in California, and whether localities with adopted ordinances and less restrictive regulations have more frequent applications to build ADUs and increasing housing affordability and aging in place. Findings suggest that three distinct approaches to ADUs are occurring in California: 1) a more restrictive approach in disadvantaged communities of color, 2) 58 a moderately restrictive approach in highly advantaged, predominately White and Asian communities, and 3) a less restrictive approach in diverse and moderately advantaged communities. Communities with adopted ordinances and less restrictive regulations receive more frequent applications to build ADUs but have not yet experienced greater improvements in housing affordability and aging in place. Overall, these findings imply that 1) context-specific technical support and advocacy may be needed to help align formal ADU practices with statewide goals, and 2) ADUs should be treated as one tool among many to manage local housing problems.
SECONDARY UNITS AND URBAN INFILL: A LITERATURE REVIEW
By Jake Wegmann and Alison Nemirow (2011)
UC Berkeley: IURD
Library Call # D44 4.21 S43 2011
This literature review examines the research on both infill development in general, and secondary units in particular, with an eye towards understanding the similarities and differences between infill as it is more traditionally understood – i.e., the development or redevelopment of entire parcels of land in an already urbanized area – and the incremental type of infill that secondary unit development constitutes.
CITY COUNCIL
ATTACHMENT C
Permitted & Prohibited Recreational
Vehicle Parking Areas
CITY COUNCIL
ATTACHMENT D
Planning Commission
Background Information
EXECUTIVE SUMMARY
PLAN23-00017
PROJECT DESCRIPTION: An Amendment to the Victorvil le Municipal Code with an Environmental Exemption introducing various updates to Title 16 including but not limited to standards for off-street parking facilities for recreational vehicle parking and parking stalls abutting obstructions, and updates to access ory dwelling unit standards and the addition of junior accessory dwelling allowances in accordance with State law.
APPLICANT: CITY OF VICTORVILLE
PLANNING COMMISSION PUBLIC HEARING DATES: July 12 , 2023
SUMMARY FOR JULY 12, 2023 PLANNING COMMISSION MEETING
NUMBER OF PEOPLE WHO COMMENTED: 0
NUMBER OF PEOPLE SPEAKING IN FAVOR: 0
NUMBER OF PEOPLE SPEAKING OPPOSED: 0
NUMBER OF WRITTEN COMMENTS IN FAVOR: 0
NUMBER OF WRITTEN COMMENTS OPPOSED: 0
STAFF RECOMMENDATION: Recommend City Council A pproval
PLANNING COMMISSION ACTION: Recommended City Co uncil Approval
PLANNING COMMISSION VOTE: Marsh Aye
Mesen Aye
Thomas Aye
Cook-Askins Jr. Absent
Kurth Absent
rh
Excerpt from the July 12, 2023 Regular Planning Commission Meeting
PLAN23-00017 – City of Victorville
3. An Amendment to the Victorville Municipal Code with an Environmental Exemption introducing various updates to Title 16 including but not limited to standards for off- street parking facilities for recreational vehicle parking and parking stalls abutting obstructions, and updates to accessory dwelling unit standards and the addition of junior accessory dwelling allowances in accordance with State law
Location: Citywide
Recommendation:
Staff recommends that the Planning Commission conduct a public hearing, receive testimony regarding the proposed amendments and take the following actions:
1. Environmental Assessment – Find the project categorically exempt per CEQA Guidelines Section 15061(b)(3); and
2. Code Amendment – Adopt Resolution No. P-23-012, recommending City Council approval of Municipal Code Amendment Case No. PLAN23-00017.
Questions and comments ensued.
Commissioner Thomas opened the public hearing.
Speakers:
None
Commissioner Thomas closed the public hearing.
Motion was made to approve staff recommendation
including the revisions in the
late memo.
Moved: Commissioner Marsh
Seconded: Commissioner Mesen
Motion passed 3-0
Ayes: Commissioner Marsh, Commissioner Mesen, Commi ssioner Thomas
Absent: Vice Chair Cook-Askins, Jr., Chairman Kurth
Item Number: 3
Planning Commission
PUBLIC HEARINGS
Meeting of: July 12, 2023
Submitted By:
Daisy Kawasaki, Associate Planner
Case:
PLAN23-00017
Subject:
An Amendment to the Victorville Municipal Code with an Environmental Exemption introducing various updates to Title 16 including but not limited to standards for off-street parking facilities for recreational vehicle parking and parking stalls abutting obstructions, and updates to accessory dwelling unit standards and the addition of junior accessory dwelling allowances in accordance with State law.
Applicant:
City of Victorville
Location:
Citywide
Recommendation:
Staff recommends that the Planning Commission conduct a public hearing, receive testimony regarding the proposed amendments and take the following actions:
1. Environmental Assessment – Find the project categorically exempt per CEQA Guidelines Section 15061(b)(3); and
2. Code Amendment – Adopt Resolution No. P-23-012, recommending City Council approval of Municipal Code Amendment Case No. PLAN23-00017.
Summary:
The following City staff initiated amendments to the City of Victorville Municipal Code (VMC) are being proposed to correspond with recent input provided by the City of Victorville Planning Commission related to the parking of recreational vehicles (RVs) on single-family lots as well as the passage of various California Senate and Assembly Bills 103
3 2
0 6
affecting accessory dwelling unit regulations. Additionally, motivated by increasing requests to allow for installation of canopy structures used for the mounting of photovoltaic panels within parking lots, staff has proposed modifications to parking stall design standards to account for obstructions. The amendments aim to refine and clarify existing standards within the Municipal Code. Staff recommends approval of the VMC amendments included in the proposal as they will update City standards in compliance with various State laws as well as provide a means to address the quality of off-street parking facilities Citywide.
Discussion/Analysis:
The proposed changes to Title 16 of the Victorville Municipal Code are discussed in the following synopsis of each Section and Subsection, the full text of which (including existing and deleted text) is located in the proposed Resolution (Attachment A). The proposed Municipal Code Amendments accomplish the following:
Victorville Municipal Code Title 16
(Development Code)
Chapter 1 – Development Department
Article 3: - Definitions
Section 16-1.03.010: - Definitions
• Adds definitions in accordance with California Government Code for Accessory Dwelling Unit (ADU) and Junior Accessory Dwelling Unit (JADU).
Chapter 3 – Zoning and Land Use Requirements
Article 7: - Land Use and Special Requirements
Section 16-3.07.030(a) – Accessory uses and structures for residential – Accessory Dwelling Units.
• Updates applicable regulations pertaining to Accessory Dwelling Units (ADU) to bring into conformance with current state laws. Various State and Assembly bills including AB 345, AB 3182, AB 881, AB 68, and SB 13 have been adopted since the City originally approved an ADU related ordinance in 2019.
Some of the updates included in this amendment are summarized below and are further explained in the most recent version of the Accessory Dwelling Unit Handbook produced by the California Department of Housing and Community Development (HCD), included as Attachment B.
o Allows for the establishment of a junior accessory dwelling unit (JADU), a unit no more than 500 square feet in size and contained entirely within a single-family residence. A JADU may include separate sanitation facilities or may share 104
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sanitation facilities with the existing structure. JADUs are subject to owner- occupancy requirements and must be rented for terms more than 30 days. o Eliminates owner occupancy requirements for properties with ADUs, unless the property also includes a JADU. Limited exceptions to owner-occupancy requirements for a JADU exist when the property is owned by a governmental agency, land trust, or housing organization.
o Eliminates a previous requirement to replace parking lost by the creation of an ADU.
o Updates size requirements and development standards for detached and attached ADUs.
▪ The maximum size for an attached, interior, or detached ADU with one bedroom or fewer is 850 square feet.
▪ The maximum size for an attached, interior, or detached ADU with more than one bedroom is 1,000 square feet.
Article 8: - Residential Districts
Sec. 16-3.08.090(d)(2): - Single-family design guidelines - Driveways • Updates driveway design standards and includes new allowances for secondary drive approaches to allow for recreational vehicle access into a side or rear yard.
Article 21: - Off-street Parking
Section 16-3.21.050(a)(3): - Standards for off-street parking facilities – Size of Parking Facilities.
• Provides additional requirements for parking stalls adjacent to landscape planters or other obstructions such as support posts for carports to incorporate an additional one foot of stall width.
Section 16-3.21.050(b)(3): - Standards for off-street parking facilities – Location of Parking Facilities.
• Updates allowable parking locations for recreational vehicles to prohibit parking within the front yard area, but expand allowances for parking within a street side yard as long as the RV is behind a view obstructing fence and accessed through City approved paved access or a driveway approach. Additionally, this section provides allowances for the temporary parking of non-compliant RVs and memorializes the prohibition of RVs as living quarters. This change is in accordance with previous Planning Commission direction and will allow improved clarity and applicability of RV parking enforcement.
105
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Section 16-3.21.070: - Prohibited on-site parking
• Provides allowances for the parking of vehicles within the street-side yard when screened behind a six-foot tall wall or fence.
Site Characteristics:
Citywide
Number of Radius Letters Mailed:
N/A (1/8th page add in lieu of radius letters)
Attachments: Attachment A - Resolution No. P-23-012
Attachment B - Accessory Dwelling Unit Handbook
106
PLANNING COMMISSION
ATTACHMENT A
Resolution No. P-23-012
107
RESOLUTION NO. P-23-012
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF VICTORVILLE
RECOMMENDING TO THE CITY COUNCIL THE ADOPTION OF MUNICIPAL CODE AMENDMENT CASE PLAN23-00017, AN AMENDMENT TO THE VICTORVILLE MUNICIPAL
CODE WITH AN ENVIRONMENTAL EXEMPTION INTRODUCING VARIOUS UPDATES TO TITLE 16 INCLUDING BUT NOT LIMITED TO STANDARDS FOR OFF-STREET PARKING
FACILITIES FOR RECREATIONAL VEHICLE PARKING AND PARKING STALLS ABUTTING
OBSTRUCTIONS, AND UPDATES TO ACCESSORY DWELLING UNIT STANDARDS AND THE
ADDITION OF JUNIOR ACCESSORY DWELLING ALLOWANCES IN ACCORDANCE WITH STATE LAW.
WHEREAS, pursuant to Section 16-2.01.020 of the Victorville Municipal Code, the City of Victorville has initiated amendments to Title 16 of the Victorville Municipal Code; and WHEREAS, pursuant to Section 16-2.01.030 of the Victorville Municipal Code, the City of Victorville Planning Department prepared a Staff Report detailing the proposed Victorville Municipal Code amendments as well as their conformance with applicable standards and requirements; and
WHEREAS, a public hearing was held on the 12th day of July 2023, pursuant to Title 7, Division I, Chapter 4, Article 2 of the Government Code, State of California, to hear arguments for and against the issue; and
WHEREAS, Pursuant to Title 7, Division 1, Chapter 4, Article 2, Section 65850 of the Government Code of the State of California, the City may adopt by ordinance regulations affecting: the use of buildings, structures and land; the location, height, bulk, and size of buildings and structures; and the size of lots, yards, courts and other open spaces; and WHEREAS, Pursuant to Title 7, Division 1, Chapter 4, Article 2, Section 65850 of the Government Code of the State of California, the City has adopted Title 16, Chapter 2, Article 1, Section 16-2.01.010 of the Victorville Municipal Code, providing the authority to amend Title 16 108
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3 of the Victorville Municipal Code and the various regulations, requirements, exceptions and guidelines located therein; and
WHEREAS, the Planning Commission finds that the proposed amendments relating to off-street parking facilities will result in a more aesthetically pleasing community with more uniform and easily enforceable regulations; and
WHEREAS, the Planning Commission finds that the proposed amendments relating to Accessory Dwelling Unit regulations are necessary updates to bring the City’s Zoning Ordinance into conformance with new state laws and will result in an expanded range of housing opportunities to meet the needs of people of all ages, socio-economic status, family size, and abilities to live in Victorville as outlined in Objective C and its associated Policies within the Land Use Element of the General Plan; and
WHEREAS, the Planning Commission finds that certain sections of the Development Code must be updated to maintain consistency with the Land Use Element most recently adopted by the City Council; and
WHEREAS, the Planning Commission finds that multiple notations will be updated with these amendments, which is pertinent in order to provide a Development Code that is clear, enforceable, and readable by the public and City Staff; and WHEREAS, the Planning Commission finds on their own independent judgment that this project is exempt from the California Environmental Quality Act (CEQA) based upon CEQA Guidelines Section 15061(b)(3), as there is no possibility that the proposed amendment will have a significant effect on the environment inasmuch as the proposed amendment: is aimed at improving parking standards within residential and non-residential areas that are subject to a separate environmental review during their initial development process; will bring the Victorville 109
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4 Municipal Code into conformance with existing State law surrounding accessory dwelling unit development, which are required to be approved ministerially and therefore exempt from CEQA; will not modify existing codes in a manner that will negatively affect the environment; and THEREFORE, BE IT RESOLVED by the Planning Commission, pursuant to Section 16-2.01.050 of the Victorville Municipal Code, that it recommends to the City Council that Amendment PLAN23-00017, a Title 16 Municipal Code Amendment, be adopted as follows:
Legend
Existing Text
Deleted Text
Revised Text
New Text
{Editing Notes}
Chapter 1: Development Department
Article 3: Definitions
Section 16-1.03.010: - Definitions
Dwelling Unit, Accessory
means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with an existing primary residence or constructed concurrently with a primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated.
Dwelling Unit, Junior Accessory
means a unit that is no more than 500 square feet in size and contained entirely within an existing or proposed single-family residence. A junior accessory dwelling unit may include separate sanitation facilities or may share sanitation facilities with the existing structure. {Position new definitions in alphabetical order with existing definition table} 110
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5 Chapter 3: Zoning and Land Use Requirements
Article 3: Land Use and Special Requirements
Section 16-3.07.030: - Accessory uses and structures for residential (a) Accessory Dwelling Units
(1) Purpose. The purpose of this Section is to expand the variety of housing opportunities in the City of Victorville by implementing State Government Code Sections 65852.2 and 65852.22 (hereinafter "Section 65852.2" & “Section 6582.22”) as it they pertains to accessory dwelling units and junior accessory dwelling units . Implementation of these regulations will ensure that accessory dwelling units and junior accessory dwelling units are located in areas where services are adequate to support them and that accessory dwelling units are designed and maintained as a compatible and integral part of the City's residential zoning districts.
(2) Applicability.
i. In compliance with the provisions of Section 65852.2, the provisions of this Chapter relating to accessory dwelling units shall apply to all lots that are occupied with an existing or proposed single-family or multi-family dwelling unit residential use and that is zoned residential or mixed-use.
ii. In compliance with the provisions of Section 65852.22, the provisions of this Chapter relating to junior accessory dwelling units shall apply to all lots that are occupied with an existing or proposed single-family residential use that is zoned residential. (3) General Standards.
i. Applications for accessory dwelling units and junior accessory dwelling units shall be approved or disapproved ministerially pursuant to the requirements of this Section within sixty days (60) one hundred twenty (120) days of a determination that the application is complete, unless additional time to act on the application allowed, as required permitted by Sections 65852.2(a)(3) or 65852.22(c). ii. The parcel upon which the an accessory dwelling unit or junior accessory dwelling unit is to be built shall comply with all development standards for the district in which it is located, excepting for those allowances provided by Sections 65852.2 and 65852.22.
iii. An accessory dwelling unit may only be permitted on a lot zoned for residential or mixed-use on which there is already built, or proposed constructed concurrently with an accessory dwelling unit , a permitted single-family detached or multi-family dwelling (primary dwelling).
iv. A junior accessory dwelling unit may only be permitted on a lot zoned for single- family residential uses on which there is already built, or constructed concurrently with an accessory dwelling unit, a permitted single-family dwelling. v. Accessory dwelling units within a mixed-used zone may only be permitted within the residential area of the zone and any commercial or non-residential spaces, including 111
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6 any parking or storage areas designated for non-residential use, shall not be converted into a accessory dwelling unit.
vi. No more than one (1) accessory dwelling unit and (1) junior accessory dwelling unit shall be permitted on any parcel or lot zoned for single-family residential use . vii. At least (1) accessory dwelling unit within an existing multi-family dwelling but no more than 25 percent of the total number of existing multi-family dwellings on any developed parcel or lot zoned for multi-family or mixed-use shall be permitted; and not more than two (2) detached accessory dwelling units located on parcel or lot that has an existing multi-family dwelling on property zoned for multi-family or mixed-use shall be permitted.
viii. The An accessory dwelling unit or junior accessory dwelling unit shall have adequate water supply pursuant to specifications of the Uniform Plumbing Code. ix. Parcels on which an accessory dwelling unit is to be located must be connected to sewer, unless sewer is unavailable or unfeasible as determined by the city engineer in conjunction with a variance or other exemption from the sewer connection requirements.
x. On properties that include a junior accessory dwelling unit, Eeither the primary dwelling unit or junior accessory dwelling unit must be occupied by the property owner, unless not otherwise required by Section 65852.22 . xi. The An accessory dwelling unit or junior accessory dwelling unit may be rented separate from the primary residence but may not be sold or otherwise conveyed separate from the primary residence , except for an accessory dwelling unit or primary dwelling that was built or developed by a qualified nonprofit corporation and is sold or conveyed in accordance with State Government Code Section 65852.26 . xii. The rental term for an accessory dwelling unit or junior accessory dwelling unit shall not be less than thirty (30) days.
xiii. The An accessory dwelling unit may be either attached or detached from the primary dwelling or converted from existing space within the primary dwelling; and a junior accessory dwelling unit shall be constructed within the walls of a an existing or proposed single-family residence .
xiv.Fire sprinkler s shall only be required in an accessory dwelling unit or junior accessory dwelling unit if required for the primary residential structure. xv. At no time may the primary dwelling unit be converted to the extent that it becomes substandard in size as a single-family residence. Except that a one hundred fifty (150) square foot minimum maximum, efficiency unit with a partial kitchen or bathroom as authorized by California Health and Safety Code Section 17958.1, shall be permitted upon any lot containing a single-family residence and shall be considered an accessory dwelling unit.
xvi Existing required covered parking for the primary residential structure shall not be converted to an accessory dwelling unit without the concurrent replacement of the existing covered parking elsewhere on the property in any configuration allowed under Section 65852.2(a)(1)(D)(xi).
xvi.Restrictive Covenant. Prior to the issuance of a building permit for an junior accessory dwelling unit or as required by the Zoning Administrator , a restrictive covenant against the land, which is binding on the property owner and their successors in interest, shall be recorded with the office of the San Bernardino County Recorder, which specifies that the following:
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7 a. The use of the accessory dwelling unit as an independent living space may continue only if one dwelling on the lot is occupied by the property owner.
The sale of the junior accessory dwelling unit separate from the sale of the single- family residence is prohibited.
b. The accessory dwelling unit may not be sold or otherwise conveyed separate from the primary residence.
The size and attributes of the junior accessory dwelling unit shall not exceed the allowances provided Section 65852.22.
c. The property may only contain one (1) rented unit with rental terms of not less than thirty (30) consecutive days.
Owner-occupancy shall be required in either the primary dwelling or the junior accessory dwelling unit.
(4) Attached and/or Interior Accessory Dwelling Unit Development Standards. Along with the general standards prescribed by subsection (3), the following development standards apply to attached accessory dwelling units:
i. The maximum size for an attached accessory dwelling unit is: thirty (30) percent of the habitable floor area of the primary dwelling, not to exceed 1,200 square feet. a. 850 square feet for accessory dwelling units with one bedroom or less; and b. 1000 square feet for accessory dwelling units with more than one bedroom. ii. No setbacks shall be required for an existing living or garage area within the primary dwelling that is converted to an accessory dwelling unit or to a portion of an accessory dwelling unit, and a setback of no more than four (4) feet from the side and rear lot lines shall be required for an accessory dwelling unit not located within existing living or garage area of the primary dwelling. iii. No height limit shall be required for an existing living or garage area within the primary dwelling that is converted to an accessory dwelling unit or to a portion of an accessory dwelling unit; however, any accessory dwelling unit that requires modification to existing building height or that is not located within existing living or garage area of the primary dwelling shall not exceed sixteen (16) feet in height, except that an accessory dwelling unit may be permitted in excess of sixteen (16) feet in height as otherwise allowed for a single-story primary dwelling and not to exceed the height of the primary dwelling.
iv. The accessory dwelling unit shall be architecturally compatible with the design of the main dwelling and shall match with the same colors and materials of the primary unit. v. Independent access to the accessory dwelling unit is required and shall not be located on the same wall plane elevation as the access to the primary dwelling. (5) Detached Accessory Dwelling Units. Along with the general standards prescribed by subsection (3), the following development standards apply to detached accessory dwelling units:
i. Detached accessory dwelling units are subject to the accessory structure setback, height and size standards specified in Table 8-1 of Section 16-3.08.020.
The maximum size for a detached accessory dwelling unit is:
a. 850 square feet for accessory dwelling units with one bedroom or less; and 113
Resolution No. P-23-012 - PLAN23-00017 July 12, 2023
8 b. 1000 square feet for accessory dwelling units with more than one bedroom. ii. An accessory dwelling unit may occupy all, or a portion, of an existing detached accessory structure meeting the architectural guidelines set forth in this chapter. iii. The driveway serving the primary dwelling shall be used to serve the accessory dwelling unit whenever feasible.
iv. The accessory dwelling unit may be metered separately from the main dwelling for gas, electricity and water/sewer services.
v. The accessory dwelling unit shall be architecturally compatible with the design of the main dwelling and shall match with the same colors and materials of the primary unit. vi. No setback shall be required for an existing garage accessory structure that is converted to an accessory dwelling unit or to a portion of an accessory dwelling unit with an existing setback of at least four (4) feet , and a setback of no more than five four (45) feet from the side and rear lot lines shall be required for an new accessory dwelling unit that is constructed above a garage.
vii. No height limit shall be required for an existing accessory structure that is converted to an accessory dwelling unit or to a portion of an accessory dwelling unit; however, any accessory dwelling unit that requires modification to existing accessory structure height or that is not located within an existing accessory structure shall not exceed sixteen (16) feet in height, except that an accessory dwelling unit may be permitted in excess of sixteen (16) feet in height as otherwise allowed for a single-story primary dwelling and not to exceed the height of the primary dwelling. (6) Interior Junior Accessory Dwelling Units Standards. Internal Junior accessory dwelling units that meet all of the following requirements are subject only to the general standards prescribed by subsection (3):
i. The junior accessory dwelling unit is contained within the existing walls and space of the primary dwelling or accessory structure, including, but not limited to, a studio, pool house, or other similar structure.
ii. The junior accessory dwelling unit has independent exterior access from the primary dwelling.
iii. The accessory dwelling unit has side and rear setbacks that are sufficient for fire safety.
The junior accessory dwelling unit includes an efficiency kitchen, which at a minimum includes:
a. A cooking facility with appliances.
b. A food preparation counter and cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.
iv. The junior accessory dwelling unit does not convert required parking for the primary residential structure located within an attached garage without the concurrent replacement of the existing required parking within an enclosed garage elsewhere on the property in accordance with the size, placement, and design standards of the Development Code.
v. The junior accessory dwelling unit is architecturally compatible with the design of the main dwelling and includes the same exterior colors and materials of the primary unit.
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9 Sec. 16-3.08.090: - Single-family design guidelines
(d) Site and building design
(2) Driveways. Driveways should shall be designed to minimize the visual impact on the streetscape. The following design criteria shall be utilized:
(i) Required Driveways
(i) 1. A primary driveway approach at property line shall not exceed eighteen (18) feet in width or be less than ten (10) nine (9) feet in width. However, dwellings with a three car garage that faces the street shall be allowed a driveway approach not to exceed twenty-four (24) feet in width.
(ii) 2. Primary Ddriveways should be setback a minimum of two (2) feet from an interior property line within the front yard area in order to provide a separation from the neighbor's driveway with space for landscaping and drainage. (iii) 3. The starting point to flare out a primary driveway in the direction of a garage or sideyard must start at or behind the property line.
(iv) 4. Primary Ddriveways shall lead to a garage and/or gated access on the side yard or rear yard.
(ii) Optional Secondary Driveways
1. A secondary driveway for side-yard or rear-yard recreational vehicle access can be established and shall be installed per City standards not to exceed fourteen (14) feet in width. There shall be no flare out of secondary driveway.
2. Secondary driveways shall be setback a minimum of two (2) feet from a property line and shall be separated a minimum of four (4) feet from an existing driveway.
3. Secondary driveways shall not impact existing utilities such as water meters, fire hydrants, and/or streetlights, and shall not result in non-compliance with minimum landscaping requirements.
4. Placement of any secondary driveway on a corner lot shall only be permitted on the street side yard to limit impacts to existing curb ramps.
Sec. 16-3.21.050: - Standards for off-street parking facilities (a) Size of parking facilities shall be as follows:
(3) The size of parking spaces and aisle width for all nonresidential uses shall conform to the minimum dimension and access requirements as outlined in Figures 21-1, 21-2 and 21-3.
All two-way drive aisles shall be a minimum of twenty-six feet in width and one-way drive aisles shall be a minimum of twelve feet in width unless otherwise noted in the noted figures. Parking spaces abutting walls and planters along the length of the space shall provide an additional one-foot of width. Parking spaces abutting support posts for carport 115
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10 structures shall also provide for an additional one-foot of width, unless the support post is located at the perimeter of the parking stall(s) within the first 2.5-feet at the nose of the parking stall. Compact car parking spaces shall not be included when calculating required off-street parking. Compact car parking spaces are permitted only in excess of required off-street parking. Compact car parking shall be located at the peripheral of the site and shall meet the compact car standards shown in Figure 21-2. In those instances where a compact car stall is immediately adjacent to a standard car stall, the compact car stall shall be nine feet in width. All compact car spaces shall be designed, located and clearly labeled on the required parking spaces plan. Each compact car stall shall have a stencil reading "COMPACT CAR ONLY," with a required height of eight inches, placed at its entrance. (b) Location of parking facilities shall be as follows:
(3) Recreational vehicles can are allowed to be stored on any developed residential lot provided said recreational vehicles comply with the following standards:
(i) the required off-street parking areas are not utilized and access thereto is not obstructed Recreational vehicles shall not be located within front yard area extending across the full width of the lot between a main building and the front lot line; (ii) said rRecreational vehicles must be under the same ownership as either the owner of the residential lot or the tenant; and
(iii) no parking occurs within the area located between the front and/or side property line and the primary plane of the building abutting any street; unless in a designated driveway that does not exceed the width of the garage Recreational vehicles shall be located behind a view obstructing fence, wall or gate. The fence, wall or gate shall be a minimum height of five (5) feet and shall be located between the stored recreation vehicle and street;
(iv) Recreational vehicles shall not be utilized as living quarters; and (v) Recreational vehicle storage locations permitted by this Section shall be accessed by an approved driveway approach and paved access that complies with Section 16-
3.08.090(d)(2) and Section 16-3.24.030(b)(2) of this code.
Recreational vehicles under ownership by an individual or individuals other than the residents of the subject property may be stored on any lot not in compliance with subsection (3)(i) and (3)(iii) are permitted on a temporary basis not to exceed 72 hours, provided the vehicle is parked on a paved concrete surface and does not overhang into the public right-of-way. Additional time may be granted not to exceed a seven consecutive day period, provided so long as a permit is obtained from the Victorville Development Department and a with application fee is paid in accordance with the adopted fee schedule to cover administrative costs. Said recreational vehicle shall not be stored more than twenty-one consecutive days per quarter annually. No quarterly twenty-one-day periods, or portions thereof, shall run consecutively. Recreational vehicle parking in front of a third car garage that was legally parked prior to the adoption of this code are permitted to remain in a legal non-conforming status until such a time that a change in ownership of property or recreational vehicle takes place at which point compliance with the standards herein shall be required.
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11 Sec. 16-3.21.070: - Prohibited on-site parking
(a) There shall be no parking and/or storage of large vehicles and/or heavy equipment in residential zone districts or on property used for residential purposes. Large vehicles refer to tractor-trailers, 18-wheelers, or the cab portion and shall exclude all recreational vehicles. (b) Parking of recreational vehicles shall comply with Section 16-3.21.050 of this code. (c) Parking of any vehicle, not otherwise regulated by this code, on a single-family residential lot shall be prohibited in the area located between the front and/or side property line and the primary plane of the building abutting any street; unless in a designated driveway that leads to a garage or side yard, does not exceed the width of the garage or is located behind a legally permitted view obstructing wall or fence at least five-feet in height . 117
PLANNING COMMISSION
ATTACHMENT B
Accessory Dwelling Unit Handbook
118
CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY
DEVELOPMENT
ACCESSORY DWELLING UNIT
HANDBOOK
UPDATED JULY 2022
119
2 Table of Contents
Understanding Accessory Dwelling Units (ADUs) and Their Importance ........................... 3 Summary of Recent Changes to ADU Laws .......................................................................... 5 Frequently Asked Questions .................................................................................................. 9
1. Legislative Intent ............................................................................................................... 9
2. Zoning, Development and Other Standards .................................................................... 11 A) Zoning and Development Standards ......................................................................... 11 B) Size Requirements .....................................................................................................13 C) Parking Requirements ...............................................................................................15 D) Setbacks ....................................................................................................................16 E) Height Requirements ................................................................................................. 17 F) Bedrooms ...................................................................................................................17 G) Impact Fees ...............................................................................................................18 H) Ministerially Approved ADUs and Junior ADUs (JADUs) Not Subject to Local Standards 19 I) Nonconforming Zoning Standards ...............................................................................22 J) Renter- and Owner-Occupancy ..................................................................................22 K) Fire Sprinkler Requirements ......................................................................................23 L) Solar System Requirements .......................................................................................23
3. JADUs .............................................................................................................................24
4. Manufactured Homes .......................................................................................................25
5. Regional Housing Needs Allocation (RHNA) and the Housing Element ...........................25
6. Homeowners Associations ...............................................................................................26
7. ADU Ordinances and Local Agencies ..............................................................................27
8. Enforcement ....................................................................................................................28
9. Senate Bill (SB) 9 (2021)……………………… ……………………………………………...28
10. Funding……………………………………………………………………… ………………...29
Resources ............................................................................................................................... 30 Attachment 1: Statutory Changes (Strikeout/Italics and Underline) .....................................31 Attachment 2: ADU Resources ............................................................................................55 120
3 Understanding Accessory Dwelling Units
(ADUs) and Their Importance
California’s housing production is not keeping
pace with demand. In the last decade, fewer
than half of the homes needed to keep up with
the population growth were built. Additionally,
new homes are often constructed away from
job-rich areas. This lack of housing that meets
people’s needs is impacting affordability and
causing average housing costs, particularly for
renters in California, to rise significantly. As
affordable housing becomes less accessible,
people drive longer distances between housing
they can afford and their workplace or pack
themselves into smaller shared spaces, both of
which reduce quality of life and produce
negative environmental impacts.
*******
Beyond traditional construction, widening the range of housing types can increase the housing supply and help more low-income Californians thrive. Examples of some of these housing types are accessory dwelling units (ADUs – also referred to as second units, in-law units, casitas, or granny flats) and junior accessory dwelling units (JADUs).
What is an ADU?
An ADU is accessory to a primary residence and has complete independent living facilities for one or more persons and has a few variations:
• Detached: The unit is separated from the primary structure. • Attached: The unit is attached to the primary structure. • Converted Existing Space: Space (e.g., master bedroom, attached garage, storage area, or similar use, or an accessory structure) on the lot of the primary residence that is converted into an independent living unit. • JADU: A specific type of conversion of existing space that is contained entirely within an existing or proposed single-family residence. 121
4 ADUs tend to be significantly less expensive to build than new detached single-family homes and offer benefits that address common development barriers, such as environmental quality.
Because ADUs must be built on lots with existing or proposed housing, they do not require paying for new land or other costly infrastructure often required to build a new single-family home. Because they are contained inside existing or proposed single-family homes, JADUs require relatively modest renovations and are much more affordable to complete. ADUs are often built with cost-effective one- or two-story wood frames, which are also less expensive than other construction types. Additionally, prefabricated ADUs (e.g., manufactured housing and factory-built housing) can be directly purchased and can further reduce construction time and cost. ADUs can provide as much living space as apartments and condominiums and work well for couples, small families, friends, young people, and seniors.
Much of California’s housing crisis comes from job-rich, high-opportunity areas where the total housing stock is insufficient to meet demand and exclusionary practices have limited housing choice and inclusion. Professionals and students often prefer living closer to jobs and amenities rather than spending hours commuting. Parents often want better access to schools and do not necessarily require single-family homes to meet their housing needs. There is a shortage of affordable units, and the units that are available can be out of reach for many people. Homeowners can construct an ADU on their lot or convert an underutilized part of their home into a JADU. This flexibility benefits both renters and homeowners, who can receive extra monthly rental income while also contributing to meeting state housing production goals.
ADUs also give homeowners the flexibility to share independent living areas with family members and others, allowing seniors to age in place, even if they require more care, thus helping extended families stay together while maintaining privacy. ADUs provide housing for family members, students, the elderly, in-home health care providers, individuals with disabilities, and others at below market prices within existing neighborhoods.
New policies are making ADUs even more affordable to build, in part by limiting the development impact fees that local jurisdictions may charge for ADU construction and relaxing local zoning requirements. ADUs and JADUs can often be built at a fraction of the price of a new single-family home, and homeowners may use their existing lot to create additional housing. Often the rent generated from the ADU can pay for the entire project in a matter of years.
ADUs and JADUs are a flexible form of housing that can help Californians more easily access job-rich, high-opportunity areas. By design, ADUs are more affordable to renters and can provide additional income to homeowners. Local governments can encourage the development of ADUs and improve access to jobs, education, and services for many Californians. 122
5 Summary of Recent Changes to ADU Laws
In Government Code Section 65852.150, the
California Legislature found and declared that,
among other things, allowing ADUs in zones that
allow single-family and multifamily uses provides
additional rental housing and is an essential
component in addressing California’s housing
needs. Over the years, State ADU Law has been
revised to improve its effectiveness at creating
more housing units. Changes to State ADU Law
effective January 1, 2021, further reduce barriers,
streamline approval processes, and expand
capacity to accommodate the development of
ADUs and JADUs. Within this context, the
California Department of Housing and
Community Development (HCD) developed –
and continues to update – this handbook to assist local governments, homeowners, architects, and the general public in encouraging the development of ADUs. Below is a summary of recent legislation that amended State ADU Law. Please see Attachment 1 for the complete statutory
changes.
AB 345 (Chapter 343, Statutes of 2021)
AB 345 (Chapter 343, Statutes of 2021) builds upon recent changes to State ADU Law, particularly Government Code sections 65852.2 and 65852.26, to require the allowance of the separate conveyance of ADUs from the primary dwelling in certain circumstances, provided they meet certain conditions, including those listed below, found in Government Code section 65852.26, subdivisions (a)(1-5):
• The ADU or primary dwelling was built or developed by a qualified nonprofit. (Gov. Code, § 65852.26, subd. (a).)
• There is an enforceable restriction on the use of the property between the low-income buyer and nonprofit that satisfies the requirements of Section 402.1 of the Revenue and Taxation Code. (Gov. Code, § 65852.26, subd. (a)(2).)
• The entire property is subject to the affordability restrictions to assure that the ADU and primary dwelling are preserved for owner-occupied, low-income housing for 45 years and are sold or resold only to a qualified buyer. (Gov. Code, § 65852.26, subd. (a)(3)(D).) • The property is held in a recorded tenancy in common agreement that meets certain requirements. (Gov. Code, § 65852.26, subd. (a)(3).)
AB 345 does not apply to JADUs, and local ordinances must continue to prohibit JADUs from being sold separately from the primary residence.
123
6 AB 3182 (Chapter 198, Statutes of 2020)
AB 3182 (Chapter 198, Statutes of 2020) builds upon recent changes to State ADU Law, specifically Government Code section 65852.2 and Civil Code Sections 4740 and 4741, to further address barriers to the development and use of ADUs and JADUs.
This legislation, among other changes, addresses the following:
• States that an application for the creation of an ADU or JADU shall be deemed approved (not just subject to ministerial approval) if the local agency has not acted on the completed application within 60 days. (Gov. Code, § 65852.2, subd. (a)(3).) • Requires ministerial approval of an application for a building permit within a residential or mixed-use zone to create one ADU and one JADU per lot (not one or the other), within the proposed or existing single-family dwelling, if certain conditions are met. (Gov. Code, § 65852.2, subd. (e)(1)(A).)
• Provides for the rental or leasing of a separate interest ADU or JADU in a common interest development, notwithstanding governing documents that otherwise appear to prohibit renting or leasing of a unit, and without regard to the date of the governing documents. (Civ. Code, § 4740, subd. (a), and Civ. Code, § 4741, subd. (a).) • Provides that not less than 25 percent of the separate interest units within a common interest development be allowed as rental or leasable units. (Civ. Code, § 4740, subd. (b).)
AB 68 (Chapter 655, Statutes of 2019), AB 881 (Chapter 659, Statutes of 2019), and SB 13 (Chapter 653, Statutes of 2019)
AB 68 (Chapter 655, Statutes of 2019), AB 881 (Chapter 659, Statutes of 2019), and SB 13 (Chapter 653, Statutes of 2019) build upon recent changes to ADU and JADU Law, specifically Government Code sections 65852.2 and 65852.22, and further address barriers to the development of ADUs and JADUs.
This legislation, among other changes, addresses the following:
• Prohibits local agencies from including in development standards for ADUs requirements on minimum lot size. (Gov. Code, § 65852.2, subd. (a)(1)(B)(i).) • Clarifies that areas designated by local agencies for ADUs may be based on the adequacy of water and sewer services, as well as on impacts on traffic flow and public safety. (Gov. Code, § 65852.2, subd. (a)(1)(A).)
• Eliminates all owner-occupancy requirements by local agencies for ADUs approved between January 1, 2020, and January 1, 2025. (Gov. Code, § 65852.2, subd. (a)(6).) • Prohibits a local agency from establishing a maximum size of an ADU of less than 850 square feet, or 1,000 square feet if the ADU contains more than one bedroom and 124
7 requires approval of a permit to build an ADU of up to 800 square feet. (Gov. Code, § 65852.2, subds. (c)(2)(B) and (C).)
• Clarifies that when ADUs are created through the conversion of a garage, carport or covered parking structure, replacement of off-street parking spaces cannot be required by the local agency. (Gov. Code, § 65852.2, subd. (a)(1)(D)(xi).) • Reduces the maximum ADU and JADU application review time from 120 days to 60 days. (Gov. Code, § 65852.2, subd. (a)(3) and (b).)
• Clarifies that “public transit” includes various means of transportation that charge set fees, run on fixed routes, and are available to the public. (Gov. Code, § 65852.2, subd. (j)(9).)
• Establishes impact fee exemptions and limitations based on the size of the ADU. ADUs up to 750 square feet are exempt from impact fees, and ADUs that are 750 square feet or larger may be charged impact fees but only such fees that are proportional in size (by square foot) to those for the primary dwelling unit. (Gov. Code, § 65852.2, subd. (f)(3).) • Defines an “accessory structure” to mean a structure that is accessory and incidental to a dwelling on the same lot. (Gov. Code, § 65852.2, subd. (j)(2).) • Authorizes HCD to notify the local agency if HCD finds that the local ADU ordinance is not in compliance with state law. (Gov. Code, § 65852.2, subd. (h)(2).) • Clarifies that a local agency may identify an ADU or JADU as an adequate site to satisfy its Regional Housing Needs Allocation (RHNA). (Gov. Code, §§ 65583.1, subd. (a), and 65852.2, subd. (m).)
• Permits JADUs even where a local agency has not adopted an ordinance expressly authorizing them. (Gov. Code, § 65852.2, subds. (b) and (e).) • Allows a permitted JADU to be constructed within the walls of the proposed or existing single-family residence and eliminates the required inclusion of an existing bedroom and an interior entry into the single- family residence. (Gov. Code, § 65852.22, subd. (a)(4-5).)
• Requires, upon application and approval, a local agency to delay enforcement against a qualifying substandard ADU for five years to allow the owner to correct the violation, so long as the violation is not a health and safety issue, as determined by the enforcement agency. (Gov. Code, § 65852.2, subd. (n); Health & Safety Code, § 17980.12).)
AB 587 (Chapter 657, Statutes of 2019), AB 670 (Chapter 178, Statutes of 2019), and AB 671 (Chapter 658, Statutes of 2019)
In addition to the legislation listed above, AB 587 (Chapter 657, Statutes of 2019), AB 670 (Chapter 178, Statutes of 2019), and AB 671 (Chapter 658, Statutes of 2019) also have an 125
8 impact on State ADU Law, particularly through Health and Safety Code Section 17980.12.
These pieces of legislation, among other changes, address the following:
• AB 587 creates a narrow exemption to the prohibition for ADUs to be sold or otherwise conveyed separately from the primary dwelling by allowing deed-restricted sales to occur if the local agency adopts an ordinance. To qualify, the primary dwelling and the ADU are to be built by a qualified nonprofit corporation whose mission is to provide units to low-income households. (Gov. Code, § 65852.26).) • AB 670 provides that covenants, conditions and restrictions that either effectively prohibit or unreasonably restrict the construction or use of an ADU or JADU on a lot zoned for single-family residential use are void and unenforceable. (Civ. Code, § 4751).)
• AB 671 requires local agencies’ housing elements to include a plan that incentivizes and promotes the creation of ADUs that can offer affordable rents for very low-, low-, or moderate-income households and requires HCD to develop a list of state grants and financial incentives in connection with the planning, construction, and operation of affordable ADUs. (Gov. Code, § 65583; Health & Safety Code, § 50504.5).)
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9 Frequently Asked Questions
1. Legislative Intent
• Should a local ordinance encourage the development of ADUs? Yes. Pursuant to Government Code section 65852.150, the California Legislature found and declared that, among other things, California is facing a severe housing crisis and ADUs are a valuable form of housing that meets the needs of family members, students, the elderly, in-home health care providers, people with disabilities, and others. Therefore, ADUs are an essential component of California’s housing supply.
State ADU Law and recent changes intend to address barriers, streamline approval, and expand potential capacity for ADUs, recognizing their unique importance in addressing California’s housing needs. The preparation, adoption, amendment, and implementation of local ADU ordinances must be carried out consistent with Government Code section 65852.150 and must not unduly constrain the creation of ADUs. Local governments adopting ADU ordinances should carefully weigh the adoption of zoning, development standards, and other provisions for impacts on the development of ADUs.
ADU Law is the statutory minimum requirement. Local governments may elect to go beyond this statutory minimum and further the creation of ADUs. (Gov. Code, § 65852.2, subd. (g).) Many local governments have embraced the importance of ADUs as an important part of their overall housing policies and have pursued innovative strategies.
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10 Government Code section 65852.150:
(a) The Legislature finds and declares all of the following:
(1) Accessory dwelling units are a valuable form of housing in California. (2) Accessory dwelling units provide housing for family members, students, the elderly, in- home health care providers, the disabled, and others, at below market prices within existing neighborhoods.
(3) Homeowners who create accessory dwelling units benefit from added income, and an increased sense of security.
(4) Allowing accessory dwelling units in single-family or multifamily residential zones provides additional rental housing stock in California.
(5) California faces a severe housing crisis.
(6) The state is falling far short of meeting current and future housing demand with serious consequences for the state’s economy, our ability to build green infill consistent with state greenhouse gas reduction goals, and the well-being of our citizens, particularly lower and middle-income earners.
(7) Accessory dwelling units offer lower cost housing to meet the needs of existing and future residents within existing neighborhoods, while respecting architectural character. (8) Accessory dwelling units are, therefore, an essential component of California’s housing supply.
(b) It is the intent of the Legislature that an accessory dwelling unit ordinance adopted by a local agency has the effect of providing for the creation of accessory dwelling units and that provisions in this ordinance relating to matters including unit size, parking, fees, and other requirements, are not so arbitrary, excessive, or burdensome so as to unreasonably restrict the ability of homeowners to create accessory dwelling units in zones in which they are authorized by local ordinance.
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11 2. Zoning, Development and Other Standards
A) Zoning and Development Standards
• Are ADUs required jurisdiction-wide?
No. ADUs proposed pursuant to subdivision (e) of Government Code section 65852.2 must be permitted in any residential or mixed-use zone, which should be construed broadly to mean any zone where residential uses are permitted by-right or by conditional use. For other ADUs, local governments may, by ordinance, designate areas in zones where residential uses are permitted that will also permit ADUs. However, any limits on where ADUs are permitted may only be based on the adequacy of water and sewer service and on the impacts on traffic flow and public safety.
Further, local governments may not preclude the creation of ADUs altogether, and any limitation should be accompanied by detailed findings of fact explaining why ADU limitations are required and consistent with these factors. If a lot with a residence has been rezoned to a use that does not allow for residential uses, that lot is no longer eligible to create an ADU. (Gov. Code § 65852.2 subd. (a)(1) and (e)(1).) Impacts on traffic flow should consider factors like lower car ownership rates for ADUs.
Finally, local governments may develop alternative procedures, standards, or special conditions with mitigations for allowing ADUs in areas with potential health and safety concerns.
• Can ADUs exceed general plan and zoning densities?
Yes. An ADU is an accessory use for the purposes of calculating allowable density under the general plan and zoning and does not count toward the allowable density. For example, if a zoning district allows one unit per 7,500 square feet, then an ADU would not be counted as an additional unit. Further, local governments could elect to allow more than one ADU on a lot, and ADUs are automatically a residential use deemed consistent with the general plan and zoning. (Gov. Code, § 65852.2, subd. (a)(1)(C).)
• Can a local government apply design and development standards? Yes. With an adopted ADU ordinance in compliance with State ADU Law, a local government may apply development and design standards that include, but are not limited to, parking, height, setback, landscape, architectural review, maximum size of a unit, and standards that prevent adverse impacts on any real property that is listed in the California Register of Historical Resources. However, these standards should be objective to allow ministerial review of an ADU. (Gov. Code, § 65852.2, subds. (a)(1)(B)(i) and (a)(4).)
ADUs created under subdi
vision (e) of Government Code section 65852.2 shall not be subject to design and development standards except for those that are noted in the subdivision. 129
12 ADUs that do not meet objective and ministerial development and design standards may still be permitted through an ancillary discretionary process if the applicant chooses to pursue this route. In this scenario, the applicant assumes time and monetary costs associated with a discretionary approval process. Some jurisdictions with compliant ADU ordinances apply additional processes to further the creation of ADUs that do not otherwise comply with the minimum standards necessary for ministerial review.
Importantly, these processes are intended to provide additional opportunities to create ADUs that would not otherwise be permitted, and a discretionary process may not be used to review ADUs that are fully compliant with State ADU :Law.
• Are ADUs permitted ministerially?
Yes. ADUs subject to State ADU Law must be considered, approved, and permitted ministerially, without discretionary action. Development and other decision-making standards must be sufficiently objective to allow for ministerial review. Examples include numeric and fixed standards such as heights or setbacks, or design standards such as colors or materials. Subjective standards require judgement and can be interpreted in multiple ways, such as privacy, compatibility with neighboring properties, or promoting harmony and balance in the community; subjective standards must not be imposed on ADU development. Further, ADUs must not be subject to hearing requirements or any ordinance regulating the issuance of variances or special use permits and must be considered ministerially. (Gov. Code § 65852.2, subds. (a)(3) and (a)(4).)
• Is there a streamlined permitting process for ADU and JADU applications? Yes. Whether or not a local agency has adopted an ordinance, applications to create an ADU or JADU shall be considered and approved ministerially within 60 days from the date the local agency receives a completed application. Although the allowed 60-day review period may be interrupted due to an applicant addressing comments generated by a local agency during the permitting process, additional 60-day time periods may not be required by the local agency for minor revisions to the application. (Gov. Code § 65852.2, subds. (a)(3) and (b).)
• Can I create an ADU if I have multiple detached dwellings on a lot? Yes. A lot where there are currently multiple detached single-family dwellings is eligible for creation of one ADU per lot by converting space within the proposed or existing space of a single-family dwelling or existing structure and by building a new detached ADU subject to certain development standards. (Gov. Code § 65852.2, subds. (e)(1)(A) and (B).)
• What is considered a multifamily dwelling under ADU Law? For the purposes of State ADU Law, a structure with two or more attached dwellings on 130
13 a single lot is considered a multifamily dwelling structure. Multiple detached single-unit dwellings on the same lot are not considered multifamily dwellings for the purposes of State ADU Law.
• Can I build an ADU in a historic district or if the primary residence is subject to historic preservation?
Yes. ADUs are allowed within a historic district and on lots where the primary residence is subject to historic preservation. State ADU Law allows for a local agency to impose standards that prevent adverse impacts on any real property that is listed in the California Register of Historical Resources. However, these standards do not apply to ADUs proposed pursuant to Government Code section 65852.2, subdivision (e).
As with non-historic resources, a jurisdiction may impose objective and ministerial standards that are sufficiently objective to be reviewed ministerially and do not unduly burden the creation of ADUs. Jurisdictions are encouraged to incorporate these standards into their ordinances and to submit these standards along with their ordinances to HCD. (Gov. Code, § 65852.2, subds. (a)(1)(B)(i) and (a)(5).)
B) Size Requirements
• Can minimum lot size requirements be imposed on ADUs? What about lot coverage, floor area ratio, or open space requirements?
No. While local governments may impose certain development standards on ADUs, these standards shall not include minimum lot size requirements. Further, lot coverage requirements cannot preclude the creation of a statewide exemption ADU (see below). If lot coverage requirements do not allow such an ADU, an automatic exception or waiver should be given to appropriate development standards such as lot coverage, floor area, or open space requirements. Local governments may continue to enforce building and health and safety standards and may consider design, landscape, and other standards to facilitate compatibility. (Gov. Code, § 65852.2, subds. (c)(2)(C).) What is a statewide exemption ADU?
A statewide exemption ADU, found in Government Code section 65852, subdivision (e), is an ADU of up to 800 square feet, 16 feet in height, as potentially limited by a local agency, and with four-foot side and rear yard setbacks. State ADU Law requires that no lot coverage, floor area ratio, open space, or minimum lot size will preclude the construction of a statewide exemption ADU. Further, State ADU Law allows the construction of a detached new construction statewide exemption ADU to be combined on the same lot with a JADU in a single-family residential zone. In addition, ADUs are allowed in any residential or mixed uses regardless of zoning and development standards imposed in an ordinance. See more discussion below. 131
14 • Can minimum and maximum unit sizes be established for ADUs? Yes. A local government may, by ordinance, establish minimum and maximum unit size requirements for both attached and detached ADUs; however, maximum unit size requirements must allow an ADU of at least 850 square feet, or 1,000 square feet for ADUs with more than one bedroom. For local agencies without an ADU ordinance, maximum unit sizes are 1,200 square feet for a new detached ADU and up to 50 percent of the floor area of the existing primary dwelling for an attached ADU (at least 800 square feet). Finally, the local agency must not establish by ordinance a minimum square footage requirement that prohibits the development of an efficiency unit as defined in Health and Safety Code section 17958.1.
The conversion of an existing accessory structure or a portion of the existing primary residence to an ADU is not subject to unit size requirements. For example, an existing 3,000 square-foot barn converted to an ADU would not be subject to the local unit size requirements, regardless of whether a local government has an adopted ADU ordinance.
Should an applicant want to expand an accessory structure to create an ADU beyond 150 square feet, this ADU would be subject to the size maximums outlined in State ADU Law or in the local agency’s adopted ordinance.
• Can a percentage of the primary dwelling be used to limit the maximum size of an ADU?
Yes. Local agencies may utilize a percentage (e.g., 50 percent) of the primary dwelling as a maximum unit size for attached ADUs, but only if it does not restrict an ADU’s size to less than the standard of at least 850 square feet (or at least 1,000 square feet for ADUs with more than one bedroom). Local agencies shall not, by ordinance, establish any other minimum or maximum unit sizes, including limits based on a percentage of the area of the primary dwelling, that precludes an 800 square-foot ADU. (Gov. Code, § 65852.2, subd. (c)(2)(C).) Local agencies utilizing percentages of the primary dwelling as maximum unit sizes can consider multi-pronged standards to help navigate these requirements (e.g., shall not exceed 50 percent of the dwelling or 1,000 square feet, whichever is greater).
• Can maximum unit sizes exceed 1,200 square feet for ADUs? Yes. Maximum unit sizes can exceed 1,200 square feet for ADUs through the adoption of a local ADU ordinance. State ADU Law does not limit the authority of local agencies to adopt less restrictive requirements for the creation of ADUs. (Gov. Code, § 65852.2, subd. (g).)
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15 C) Parking Requirements
• Are certain ADUs exempt from parking requirements?
Yes. A local agency shall not impose ADU parking standards for any of the following ADUs, pursuant to Government Code section 65852.2, subdivisions (d)(1-5) and (j)(10):
(1) ADUs located within one-half mile walking distance of public transit. (2) ADUs located within an architecturally and historically significant historic district. (3) ADUs that are part of the proposed or existing primary residence or an accessory structure.
(4) When on-street parking permits are required but not offered to the occupant of the ADU.
(5) When there is a car share vehicle located within one block of the ADU.
Note: For the pur poses of State ADU Law, a jurisdiction may use the designated areas where a car share vehicle may be accessed. Public transit is any location where an individual may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the general public. Walking distance is defined as the pedestrian shed to reach public transit. Additional parking requirements to avoid impacts to public access may be required in the Coastal Zone. • Can ADU pa
rking requirements exceed one space per unit or bedroom? No. Parking requirements for ADUs shall not exceed one parking space per unit or bedroom, whichever is less. These spaces may be provided as tandem parking on a driveway. Guest parking spaces shall not be required for ADUs under any circumstances. For certain ADUs, pursuant to Government Code section 65852.2, subdivisions (d)(1-5) and (j)(10), a local agency may not impose any ADU parking standards (see above question).
What is Tandem Parking?
Tandem parking means two or more automobiles that are parked on a driveway or in any other location on a lot, lined up behind one another. (Gov. Code, § 65852.2, subds. (a)(1)(D)(x)(I) and (j)(11).)
Local agencies may choose to eliminate or reduce parking requirements for ADUs, such as r
equiring zero or half a parking space per each ADU, to remove barriers to ADU construction and to facilitate development.
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16 • Is flexibility for siting ADU parking recommended? Yes. Local agencies should be flexible when siting parking for ADUs. Off-street parking spaces for the ADU shall be permitted in setback areas in locations determined by the local agency or through tandem parking unless specific findings are made. Specific findings must be based on specific site or regional topographical or fire and life safety conditions.
When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU, or converted to an ADU, the local agency shall not require that those off- street parking spaces for the primary unit be replaced. (Gov. Code, § 65852.2, subd. (a)(1)(D)(xi).)
D) Setbacks
• Can setbacks be required for ADUs?
Yes. A local agency may impose development standards, such as setbacks, for the creation of ADUs. However, setbacks should not unduly constrain the creation of ADUs and cannot be required for ADUs proposed pursuant to subdivision (e). Further, a setback of no more than four feet from the side and rear lot lines shall be required for an attached or detached ADU. (Gov. Code, § 65852.2, subd. (a)(1)(D)(vii).) Additional setback requirements may be required in the Coastal Zone if required by a local Coastal Program. Setback requirements must also comply with any recorded utility easements or other previously recorded setback restrictions.
No setback shall be required for an ADU created within an existing living area or accessory structure or an ADU created in a new structure in the same location as an existing structure, while not exceeding the existing dimensions, including height. (Gov.
Code, § 65852.2, subd. (a)(1)(D)(vii).)
A local agency may also allow the expansion of a detached structure being converted into an ADU when the existing structure does not have four-foot rear and side setbacks. A local agency may also allow the expansion area of a detached structure being converted into an ADU to have no setbacks, or setbacks of less than four feet, if the existing structure has no setbacks, or has setbacks of less than four feet, respectively. A local agency shall not require setbacks of more than four feet for the expanded area of a detached structure being converted into an ADU.
A local agency may still apply front yard setbacks for ADUs, but front yard setbacks cannot preclude an ADU of at least 800 square feet and must not unduly constrain the creation of all types of ADUs. (Gov. Code, § 65852.2, subd. (c) and (e).)
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17 • Is there a distance requirement between an ADU and other structures on the lot? State ADU Law does not address the distance between an ADU and other structures on a lot. A local agency may impose development standards for the creation of ADUs, and ADUs shall comply with local building codes. However, development standards should not unduly constrain the creation of ADUs, cannot preclude a statewide exemption ADU (an ADU of up to 800 square feet, 16 feet in height, as potentially limited by a local agency, and with four-foot side and rear yard setbacks), and should not unduly constrain the creation of all types of ADUs, where feasible. (Gov. Code, § 65852.2, subd. (c).)
E) Height Requirements
• Is there a limit on the height or number of stories of an ADU? There is no height limit contained in State ADU Law, but local agencies may impose height limits provided that the limit is no less than 16 feet. (Gov. Code, § 65852.2, subd. (a)(1)(B)(i).) For a local agency to impose a height limit, it must do so through the adoption of a compliant ADU ordinance.
F) Bedrooms
• Can a limit on the number of bedrooms in an ADU be imposed? A limit on the number of bedrooms could be construed as a discriminatory practice towards protected classes, such as familial status, and would be considered a constraint on the development of ADUs. Building code standards for minimum bedroom size still apply.
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18 G) Impact Fees
• Can impact fees be charged for an ADU less than 750 square feet? No. An ADU is exempt from incurring impact fees from local agencies, special districts, and water corporations if less than 750 square feet. If an ADU is 750 square feet or larger, impact fees shall be charged proportionately in relation to the square footage of the ADU to the square footage of the primary dwelling unit.
What is “Proportionately”?
“Proportionately” is some amount in relation to a total amount, in this case, an impact fee for a single-family dwelling. For example, a 2,000 square-foot primary dwelling with a proposed 1,000 square-foot ADU could result in 50 percent of the impact fee that would be charged for a new primary dwelling on the same site. In all cases, the impact fee for the ADU must be less than the primary dwelling. Otherwise, the fee is not calculated proportionately. When utilizing proportions, careful consideration should be given to the impacts on costs, feasibility, and, ultimately, the creation of ADUs. In the case of the example above, anything greater than 50 percent of the primary dwelling could be considered a constraint on the development of ADUs. A proportional fee shall not be greater than 100 percent, as when a proposed ADU exceeds the size of the existing primary dwelling.
For purpos
es of calculating the fees for an ADU on a lot with a multifamily dwelling, the proportionality shall be based on the average square footage of the units within that multifamily dwelling structure. For ADUs converting existing space with a 150 square- foot expansion, a total ADU square footage over 750 square feet could trigger the proportionate fee requirement. (Gov. Code, § 65852.2, subd. (f)(3)(A).) • Can local agencies, special districts, or water corporations waive impact fees? Yes. Agencies can waive impact and any other fees for ADUs. Also, local agencies may use fee deferrals for applicants.
• Can school districts charge impact fees?
Yes. School districts are authorized to, but do not have to, levy impact fees for ADUs greater than 500 square feet pursuant to Section 17620 of the Education Code. ADUs less than 500 square feet are not subject to school impact fees. Local agencies are encouraged to coordinate with school districts to carefully weigh the importance of promoting ADUs, ensuring appropriate nexus studies and appropriate fees to facilitate construction or reconstruction of adequate school facilities. 136
19 • What types of fees are considered impact fees?
Impact fees charged for the construction of ADUs must be determined in accordance with the Mitigation Fee Act and generally include any monetary exaction that is charged by a local agency in connection with the approval of an ADU, including impact fees, for the purpose of defraying all or a portion of the cost of public facilities relating to the ADU. A local agency, special district, or water corporation shall not consider ADUs as a new residential use for the purposes of calculating connection fees or capacity charges for utilities, including water and sewer services. However, these provisions do not apply to ADUs that are constructed concurrently with a new single-family home. (Gov. Code, §§ 65852.2, subd. (f), and 66000.)
• Can I still be charged water and sewer connection fees? ADUs converted from existing space and JADUs shall not be considered by a local agency, special district, or water corporation to be a new residential use for purposes of calculating connection fees or capacity charges for utilities, unless constructed with a new single-family dwelling. The connection fee or capacity charge shall be proportionate to the burden of the proposed ADU, based on its square footage or plumbing fixtures as compared to the primary dwelling. ADU Law does not cover monthly charge fees. (Gov.
Code, § 65852.2, subd. (f)(2).)
H) Ministerially Approved ADUs and Junior ADUs (JADUs) Not Subject to Local Standards
• Are local agencies required to comply with Government Code section 65852.2, subdivision (e)?
Yes. All local agencies must comply with subdivision (e). This subdivision requires the ministerial approval of ADUs within a residential or mixed-use zone. The subdivision creates four categories of ADUs that should not be subject to other specified areas of State ADU Law, most notably zoning and development standards. For example, ADUs under this subdivision should not have to comply with lot coverage, setbacks, heights, and unit sizes. However, ADUs under this subdivision must meet the building code and health and safety requirements. The four categories of ADUs under subdivision (e)(1) are:
(A) One ADU and one JADU are permitted per lot within the proposed space of a single-family dwelling or existing space of a single-family dwelling or accessory structure that meets specified requirements such as exterior access and setbacks for fire and safety.
(B) One detached new construction ADU that does not exceed four-foot side and rear yard setbacks. This ADU may be combined on the same lot with a JADU, and may be required to meet a maximum unit size requirement of 800 square feet and a height limitation of 16 feet.
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20 (C) Multiple ADUs within the portions of multifamily structures that are not used as livable space. Local agencies must allow at least one of these types of ADUs and up to 25 percent of the existing multifamily structures. (D) Up to two detached ADUs on a lot that has existing multifamily dwellings that are subject to height limits of 16 feet and four-foot rear and side yard setbacks.
The above four categories may be combined. For example, local governments must allow (A) and (B) together or (C) and (D) together.
The most common ADU that can be created under subdivision (e) is a conversion of proposed or existing space of a single-family dwelling or accessory structure into an ADU, without any prescribed size limitations, height, setback, lot coverage, architectural review, landscape, or other development standards. This would enable the conversion of an accessory structure, such as a 2,000 square-foot garage, to an ADU without any additional requirements other than compliance with building standards for dwellings.
These types of ADUs are also eligible for a 150 square-foot expansion (see discussion below).
ADUs created under subdivision (e) shall not be required to provide parking if the ADU qualifies for one of the five exemptions listed under subdivision (d). Moreover, these units shall not, as a condition for ministerial approval, be required to correct any existing or created nonconformity. Subdivision (e) ADUs shall be required to be rented for terms longer than 30 days and only require fire sprinklers if fire sprinklers are required for the primary residence. These ADUs shall not be counted as units when calculating density for the general plan and are not subject to owner occupancy.
• How many ADUs are allowed on a multifamily site under subdivision (e)? Under subdivision (e), an applicant may apply to build up to two detached ADUs and at least one interior ADU up to 25 percent of the number of units in the proposed or existing multifamily dwelling. All interior ADUs, however, must be converted from non-livable space, which is not a requirement under subdivision (a) for ADUs associated with single-family sites. It should also be noted that if there is no existing non-livable space within a multifamily structure, an applicant would not be able to build an interior ADU under subdivision (e). Attached ADUs are also prohibited under this subdivision.
By contrast, under subdivision (a), an applicant may choose to build one attached, detached, or conversion ADU on a site with a proposed or existing multifamily dwelling, with local objective development standards applied in the same manner as they would be applied to an ADU proposed on a single-family site under subdivision (a). JADUs can only be constructed on a site with a proposed or existing single-family dwelling; however, a JADU cannot be constructed on a multifamily site concurrently with an ADU under subdivision (a).
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21 • Can I convert my accessory structure into an ADU?
Yes. The conversion of garages, sheds, barns, and other existing accessory structures, either attached or detached from the primary dwelling, into ADUs is permitted and promoted through State ADU Law.
These conversions of accessory structures are not subject to any additional development standards, such as unit size, height, and lot coverage requirements, and shall be from existing space that can be made safe under building and safety codes. A local agency should not set limits based on when the structure was created, and the structure must meet standards for health and safety.
Additionally, the two ADUs allowed on each multifamily site under subdivision (e) may be converted from existing detached structures on the site. Existing, detached accessory structures on a lot with an existing multifamily dwelling that are converted to ADUs cannot be required to be modified to correct for a non-conforming use. Both structures must be accessory structures detached from the primary residence, and because they are conversions of existing structures, these ADUs would not have to comply with the four-foot setback requirements under subdivision (e) if the existing structures are closer than four feet to the property line. This would also mean that the 16-foot height limitation would not apply if the existing structure were taller than 16 feet.
Conversion ADUs in this scenario would not be subject to any square footage restrictions as long as they are built within the footprint of the previous structure.
• Can an ADU created by converting existing space be expanded? Yes. An ADU created within the existing or proposed space of a single-family dwelling or accessory structure can be expanded beyond the physical dimensions of the structure. Per State ADU Law, only an ADU created within an existing accessory structure may be expanded up to 150 square feet without application of local development standards, but this expansion shall be limited to accommodating ingress and egress. An ADU created within the space of an existing or proposed single-family dwelling is subject to local development standards. An example of where this expansion could be applicable is for the creation of a staircase to reach a second story ADU. These types of ADUs shall conform to setbacks sufficient for fire and safety.
A local agency may allow for an expansion beyond 150 square feet, though the ADU would have to comply with the size maximums as per State ADU Law or per a local agency’s adopted ordinance. (Gov. Code, § 65852.2, subd. (e)(1)(i).) As a JADU is limited to being created within the walls of a primary residence and not an accessory structure, this expansion of up to 150 square feet does not pertain to JADUs.
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22 • Can an ADU be constructed in the non-livable spaces of the non-residential portions of a mixed-use development?
No. The non-livable space used to create an ADU or ADUs under Government Code section 65852.2, subdivision (e)(1)(C), should be limited to the residential areas of a mixed- use development, and not the areas used for commercial or other activities. The parking and storage areas for these non-residential uses would also be excluded from potential ADU development.
I) Nonconforming Zoning Standards
• Does the creation of an ADU require the applicant to carry out public improvements? No physical improvements shall be required for the creation or conversion of an ADU.
Any requirement to carry out public improvements is beyond what is required for the creation of an ADU, as per State ADU Law. For example, an applicant shall not be required to improve sidewalks or carry out street or access improvements to create an ADU. Additionally, as a condition for ministerial approval of an ADU, an applicant shall not be required to correct nonconforming zoning conditions. (Gov. Code, § 65852.2, subd. (e)(2).)
J)
Renter- and Owner-Occupancy
• Are rental terms allowed?
Yes. Local agencies may require that the property be used for rentals of terms longer than 30 days. ADUs permitted ministerially, under subdivision (e), shall be rented for terms longer than 30 days. (Gov. Code, § 65852.2, subds. (a)(6) and (e)(4).)
• Are there any owner-occupancy requirements for ADUs?
No. Prior to recent legislation, ADU laws allowed local agencies to elect whether the primary dwelling or ADU was required to be occupied by an owner. The updates to State ADU Law removed the owner-occupancy requirement for newly created ADUs effective January 1, 2020. The new owner-occupancy exclusion is set to expire on December 31, 2024; however, local agencies may not retroactively require owner-occupancy for ADUs permitted between January 1, 2020, and December 31, 2024.
However, should a property have both an ADU and JADU, JADU law requires owner- occupancy of either the newly created JADU or the single-family residence. Under this specific circumstance, a lot with an ADU would be subject to owner-occupancy requirements. (Gov. Code, § 65852.22, subd. (a)(2).)
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23 K) Fire Sprinkler Requirements
• Can fire sprinklers be required for ADUs?
Installation of fire sprinklers may not be required in ADUs (attached, detached, or conversion) where sprinklers were not required by building codes for the existing primary residence. For example, a detached single-family home designed and constructed decades ago would not have been required to have fire sprinklers installed under the applicable building code at the time. However, if the same primary dwelling recently underwent significant alteration and is now required to have fire sprinklers, any ADU created after that alteration must be provided with fire sprinklers. (Gov. Code, § 65852.2, subds. (a)(1)(D)(xii) and (e)(3).)
Please note, for ADUs created on lots with multifamily residential structures, the entire residential structure shall serve as the “primary residence” for the purposes of this analysis. Therefore, if the multifamily structure is served by fire sprinklers, the ADU can be required to install fire sprinklers.
For additional guidance on ADUs and fire sprinkler system requirements, please consult the Office of the State Fire Marshal.
L) Solar System Requirements
• Are solar systems required for newly constructed ADUs? Yes, newly constructed ADUs are subject to the California Energy Code requirement (excluding manufactured homes) to provide solar systems if the unit(s) is a newly constructed, non-manufactured, detached ADU (though some exceptions apply). Per the California Energy Commission (CEC), the solar systems can be installed on the ADU or on the primary dwelling unit. ADUs that are constructed within existing space, or as an addition to existing homes, including detached additions where an existing detached building is converted from non-residential to residential space, are not subject to the Energy Code requirement to provide solar systems.
Please refer to the CEC on this matter. For more information, see the CEC’s website at www.energy.ca.gov. You may email your questions to [email protected], or contact the Energy Standards Hotline at 800- 772-3300. CEC memos can also be found on HCD’s website at https://www.hcd.ca.gov/policy-
research/AccessoryDwellingUnits.shtml.
See HCD’s Information Bulletin 2020-10 for information on the applicability of California solar requirements to manufactured housing.
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24 3. JADUs – Government Code Section 65852.22
• What is a JADU?
A “junior accessory dwelling unit” or JADU is a unit that is no more than 500 square feet in size and contained entirely within a single-family residence. A JADU may include separate sanitation facilities or may share sanitation facilities with the existing structure. (Gov. Code, § 65852.22, subd. (h)(1).)
• Are two JADUs allowed on a lot?
No. A JADU may be created on a lot zoned for single-family residences with one primary dwelling. The JADU may be created within the walls of the proposed or existing single-family residence, including attached garages, as attached garages are considered within the walls of the existing single-family residence. Please note that JADUs created in the attached garage are not subject to the same parking protections as ADUs and could be required by the local agency to provide replacement parking.
JADUs are limited to one per residential lot with a single-family residence. Lots with multiple detached single-family dwellings are not eligible to have JADUs. (Gov.
Code, § 65852.22, subd. (a)(1).)
• Are JADUs required to have an interior connection to the primary dwelling? No. Although JADUs are required to be within the walls of the primary dwelling, they are not required to have an interior connection to the primary dwelling. That said, JADUs may share a significant interior connection to the primary dwelling, as they are allowed to share bathroom facilities with the primary dwelling.
• Are JADUs allowed in detached accessory structures?
No, JADUs are not allowed in accessory structures. The creation of a JADU must be within the single- family residence. As noted above, attached garages are eligible for JADU creation. (Gov. Code, § 65852.22, subds. (a)(1) and (a)(4).)
• Are JADUs allowed to be increased up to 150 square feet when created within an existing structure?
No. Only ADUs are allowed to add up to 150 square feet “beyond the physical dimensions of the existing accessory structure” to provide for ingress. (Gov. Code, § 65852.2, subd. (e)(1)(A)(i).)
This provision extends only to ADUs and excludes JADUs. A JADU is required to be created within the single-family residence.
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25 • Are there any owner-occupancy requirements for JADUs? Yes. The owner must reside in either the remaining portion of the primary residence or in the newly created JADU. (Gov. Code, § 65852.22, subd. (a)(2).)
4. Manufactured Homes
• Are manufactured homes considered to be an ADU?
Yes. An ADU is any residential dwelling unit with independent living facilities and permanent provisions for living, sleeping, eating, cooking and sanitation. An ADU includes a manufactured home. (Health & Saf. Code, § 18007.)
Health and Safety Code section 18007, subdivision (a): “Manufactured home,” for the purposes of this part, means a structure that was constructed on or after June 15, 1976, is transportable in one or more sections, is eight body feet or more in width, or 40 body feet or more in length, in the traveling mode, or, when erected on site, is 320 or more square feet, is built on a permanent chassis and designed to be used as a single-family dwelling with or without a foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein. “Manufactured home” includes any structure that meets all the requirements of this paragraph except the size requirements and with respect to which the manufacturer voluntarily files a certification and complies with the standards established under the National Manufactured Housing Construction and Safety Act of 1974 (42 U.S.C., Sec. 5401, and following).
5. Regional Housing Needs Allocation (RHNA) and the Housing Element • Do ADUs and JADUs count toward a local agency’s RHNA? Yes. Pursuant to Government Code section 65852.2 subdivision (m), and section 65583.1, ADUs and JADUs may be utilized towards the RHNA and Housing Element Annual Progress Report (APR) pursuant to Government Code section 65400. To credit a unit toward the RHNA, HCD and the Department of Finance (DOF) utilize the census definition of a housing unit. Generally, an ADU, and a JADU with shared sanitation facilities, and any other unit that meets the census definition and is reported to DOF as part of the DOF annual City and County Housing Unit Change Survey can be credited toward the RHNA based on the appropriate income level. The housing element or APR must include a reasonable methodology to demonstrate the level of affordability. Local governments can track actual or anticipated affordability to assure ADUs and JADUs are 143
26 counted towards the appropriate income category. For example, some local governments request and track information such as anticipated affordability as part of the building permit or other local applications. For more information, please contact [email protected].
• What analysis is required to count ADUs toward the RHNA in the housing element? To count ADUs towards the RHNA in the housing element, local agencies must generally use a three-part approach: (1) development trends, (2) anticipated affordability, and (3) resources and incentives. Development trends must consider ADUs permitted in the prior planning period and may also consider more recent trends. Anticipated affordability can use a variety of methods to estimate the affordability by income group. Common approaches include rent surveys of ADUs, using rent surveys and square footage assumptions and data available through the APR pursuant to Government Code section 65400. Resources and incentives include policies and programs to encourage ADUs, such as prototype plans, fee waivers, expedited procedures, and affordability monitoring programs.
• Are ADUs required to be addressed in the housing element? Yes. The housing element must include a description of zoning available to permit ADUs, including development standards and analysis of potential constraints on the development of ADUs. The element must include programs as appropriate to address identified constraints. In addition, housing elements must include a plan that incentivizes and promotes the creation of ADUs that can offer affordable rents for very low-, low-, or moderate-income households and requires HCD to develop a list of state grants and financial incentives in connection with the planning, construction, and operation of affordable ADUs. (Gov. Code, § 65583 and Health & Saf. Code, § 50504.5.) This list is available on HCD’s ADU webpage.
6. Homeowners Associations
• Can my local Homeowners Association (HOA) prohibit the construction of an ADU or JADU?
No. Assembly Bill 670 (2019) and AB 3182 (2020) amended Section 4751, 4740, and 4741 of the Civil Code to preclude common interest developments from prohibiting or unreasonably restricting the construction or use, including the renting or leasing of, an ADU on a lot zoned for single-family residential use. Covenants, conditions and restrictions (CC&Rs) that either effectively prohibit or unreasonably restrict the construction or use of an ADU or JADU on such lots are void and unenforceable or may be liable for actual damages and payment of a civil penalty. Applicants who encounter issues with creating ADUs or JADUs within CC&Rs are encouraged to reach out to HCD for additional guidance. Refer to Section 4100 of the Civil Code for the meaning of a common interest development.
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27 7. ADU Ordinances and Local Agencies
• Are ADU ordinances existing prior to new 2020 laws null and void? Maybe. ADU ordinances existing prior to the new 2020 laws, as well as newly adopted ordinances, are null and void when they conflict with State ADU Law. Subdivision (a)(4) of Government Code section 65852.2 states that an ordinance that fails to meet the requirements of subdivision (a) shall be null and void, and the local agency shall apply the state standards until a compliant ordinance is adopted. See the question on Enforcement below for more detail.
• Do local agencies have to adopt an ADU ordinance?
No. Local governments may choose not to adopt an ADU ordinance. Should a local government choose not to adopt an ADU ordinance, any proposed ADU development would be subject only to standards set in State ADU Law. If a local agency adopts an ADU ordinance, it may impose zoning, development, design, and other standards in compliance with State ADU Law.
• Is a local government required to send an ADU ordinance to HCD? Yes. A local government, upon adoption of an ADU ordinance, must submit a copy of the adopted ordinance to HCD within 60 days after adoption. After the adoption of an ordinance, HCD may review and submit written findings to the local agency as to whether the ordinance complies with State ADU Law. (Gov. Code, § 65852.2, subd. (h)(1).)
Local governments may also submit a draft ADU ordinance for preliminary review by HCD. HCD recommends that local agencies do so, as this provides local agencies the opportunity to receive feedback on their ordinance and helps to ensure compliance with State ADU Law prior to adoption.
• Are charter cities and counties subject to the new ADU laws? Yes. State ADU Law applies to a local agency, which is defined as a city, county, or city and county, whether general law or chartered. (Gov. Code, § 65852.2, subd. (j)(5)).
Further, pursuant to Chapter 659, Statutes of 2019 (AB 881), the Legislature found and declared State ADU Law addresses “…a matter of statewide concern rather than a municipal affair, as that term is used in Section 5 of Article XI of the California Constitution” and concluded that State ADU Law applies to all cities, including charter cities.
• Do the new ADU laws apply to jurisdictions located in the California Coastal Zone? Yes. ADU laws apply to jurisdictions in the California Coastal Zone, but do not 145
28 necessarily alter or lessen the effect or application of Coastal Act resource protection policies. (Gov. Code, § 65852.22, subd. (l).) Coastal localities should seek to harmonize the goals of protecting coastal resources and addressing housing needs of Californians.
For example, where appropriate, localities should amend Local Coastal Programs for California Coastal Commission review to comply with the California Coastal Act and new ADU laws. For more information, see the California Coastal Commission 2020 Memo and reach out to the locality’s local Coastal Commission district office.
• Do the new ADU laws apply to areas governed by the Tahoe Regional Planning Agency (TRPA)?
Possibly. The TRPA was formed through a bistate compact between California and Nevada. Under the compact, TRPA has authority to adopt ordinances, rules, and regulations, and those ordinances, rules, and regulations are considered federal law. Under this authority, TRPA has adopted certain restrictions that effectively limit lot coverage on developed land. State ADU Law may conflict to a degree with the TRPA standards, and to the extent that it does, the TRPA law likely preempts or overrides State ADU Law.
8. Enforcement
• Does HCD have enforcement authority over ADU ordinances? Yes. Pursuant to Government Code section 65852.2, subdivision (h), local agencies are required to submit a copy of newly adopted ADU ordinances within 60 days of adoption.
HCD may thereafter provide written findings to the local agency as to whether the ordinance complies with State ADU Law. If HCD finds that the local agency’s ADU ordinance does not comply with State ADU Law, HCD must provide a reasonable time, no longer than 30 days, for the local agency to respond. The local agency shall either amend its ordinance in accordance with HCD’s written findings or adopt the ordinance without changes but include findings in its resolution explaining why the ordinance complies with State ADU Law despite HCD’s findings. If the local agency does not amend its ordinance in accordance with HCD’s findings or adopt a resolution explaining why the ordinance is compliant, HCD shall notify the local agency that it is in violation of State ADU Law. HCD may also notify the Attorney General of the local agency’s violation. While an ordinance is non-compliant, the local agency shall apply state standards.
In addition, HCD may review, adopt, amend, or repeal guidelines to implement uniform standards or criteria that supplement or clarify State ADU Law.
9. Senate Bill (SB) 9 (2021)
• Does SB 9 have any impact on ADUs?
SB 9 (Gov. Code Sections 66452.6, 65852.21 and 66411.7) contains some overlaps with State ADU Law, but only on a relatively small number of topics. Please note that although HCD does not administer or enforce SB 9, violations of SB 9 may concurrently violate other housing laws that HCD does enforce, including, but not limited to, State ADU Law and State Housing Element Law. As local jurisdictions implement SB 9, including adopting local 146
29 ordinances, it is important to keep these and other housing laws in mind. For details regarding SB 9, please see HCD's SB 9 Factsheet.
10. Funding
• Is there financial assistance or funding available for ADUs? Effective September 20, 2021, the California Housing Finance Agency’s (CalHFA) ADU Grant Program provides up to $40,000 in assistance to reimburse qualifying homeowners
for predevelopment costs necessary to build and occupy an ADU or JADU on a lot with a single-family dwelling unit. The ADU Grant Program is intended to create more housing units in California by providing a grant to reimburse qualifying homeowners f
or predevelopment costs. Predevelopment costs include, but are not limited to, architectural designs, permits, soil tests, impact fees, property surveys, and energy reports. For additional information or questions, please see CalHFA’s ADU Grant Program at https://www.calhfa.ca.gov/adu or contact the CalHFA Single Family Lending Division at (916) 326-8033 or [email protected]. 147
30 Resources
148
31 Attachment 1: Statutory Changes (Strikeout/Italics and Underline)
GOV. CODE: TITLE 7, DIVISION 1, CHAPTER 4,
ARTICLE 2
Combined changes from AB 345, AB 3182, AB 881,
AB 68, and SB 13 (Changes noted in strikeout,
underline/italics)
Effective January 1, 2022, Section 65852.2 of the Government Code is amended to read:
65852.2.
(a) (1) A local agency may, by ordinance, provide for the creation of accessory dwelling units in areas zoned to allow single-family or multifamily dwelling residential use. The ordinance shall do all of the following:
(A) Designate areas within the jurisdiction of the local agency where accessory dwelling units may be permitted. The designation of areas may be based on the adequacy of water and sewer services and the impact of accessory dwelling units on traffic flow and public safety. A local agency that does not provide water or sewer services shall consult with the local water or sewer service provider regarding the adequacy of water and sewer services before designating an area where accessory dwelling units may be permitted. (B) (i) Impose standards on accessory dwelling units that include, but are not limited to, parking, height, setback, landscape, architectural review, maximum size of a unit, and standards that prevent adverse impacts on any real property that is listed in the California Register of Historic Historical Resources. These standards shall not include requirements on minimum lot size.
(ii) Notwithstanding clause (i), a local agency may reduce or eliminate parking requirements for any accessory dwelling unit located within its jurisdiction. (C) Provide that accessory dwelling units do not exceed the allowable density for the lot upon which the accessory dwelling unit is located, and that accessory dwelling units are a residential use that is consistent with the existing general plan and zoning designation for the lot. (D) Require the accessory dwelling units to comply with all of the following:
(i) The Except as provided in Section 65852.26, the accessory dwelling unit may be rented separate from the primary residence, but may not be sold or otherwise conveyed separate from the primary residence.
(ii) The lot is zoned to allow single-family or multifamily dwelling residential use and includes a proposed or existing dwelling.
(iii) The accessory dwelling unit is either attached to, or located within, the proposed or existing primary dwelling, including attached garages, storage areas or similar uses, or an accessory structure or detached from the proposed or existing primary dwelling and located on the same lot as the proposed or existing primary dwelling. (iv) If there is an existing primary dwelling, the total floor area of an attached accessory dwelling unit shall not exceed 50 percent of the existing primary dwelling. (v) The total floor area for a detached accessory dwelling unit shall not exceed 1,200 square feet. (vi) No passageway shall be required in conjunction with the construction of an accessory dwelling unit.
(vii) No setback shall be required for an existing living area or accessory structure or a structure constructed in the same location and to the same dimensions as an existing structure that is 149
32 converted to an accessory dwelling unit or to a portion of an accessory dwelling unit, and a setback of no more than four feet from the side and rear lot lines shall be required for an accessory dwelling unit that is not converted from an existing structure or a new structure constructed in the same location and to the same dimensions as an existing structure. (viii) Local building code requirements that apply to detached dwellings, as appropriate. (ix) Approval by the local health officer where a private sewage disposal system is being used, if required.
(x) (I) Parking requirements for accessory dwelling units shall not exceed one parking space per accessory dwelling unit or per bedroom, whichever is less. These spaces may be provided as tandem parking on a driveway.
(II) Offstreet parking shall be permitted in setback areas in locations determined by the local agency or through tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions.
(III) This clause shall not apply to an accessory dwelling unit that is described in subdivision (d). (xi) When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit or converted to an accessory dwelling unit, the local agency shall not require that those offstreet parking spaces be replaced. (xii) Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary residence.
(1) The ordinance shall not be considered in the application of any local ordinance, policy, or program to limit residential growth.
(2) A permit application for an accessory dwelling unit or a junior accessory dwelling unit shall be considered and approved ministerially without discretionary review or a hearing, notwithstanding Section 65901 or 65906 or any local ordinance regulating the issuance of variances or special use permits. The permitting agency shall act on the application to create an accessory dwelling unit or a junior accessory dwelling unit within 60 days from the date the local agency receives a completed application if there is an existing single-family or multifamily dwelling on the lot. If the permit application to create an accessory dwelling unit or a junior accessory dwelling unit is submitted with a permit application to create a new single-family dwelling on the lot, the permitting agency may delay acting on the permit application for the accessory dwelling unit or the junior accessory dwelling unit until the permitting agency acts on the permit application to create the new single-family dwelling, but the application to create the accessory dwelling unit or junior accessory dwelling unit shall be considered without discretionary review or hearing. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay. If the local agency has not acted upon the completed application within 60 days, the application shall be deemed approved. A local agency may charge a fee to reimburse it for costs incurred to implement this paragraph, including the costs of adopting or amending any ordinance that provides for the creation of an accessory dwelling unit.
(3) An existing ordinance governing the creation of an accessory dwelling unit by a local agency or an accessory dwelling ordinance adopted by a local agency shall provide an approval process that includes only ministerial provisions for the approval of accessory dwelling units and shall not include any discretionary processes, provisions, or requirements for those units, except as otherwise provided in this subdivision. If a local agency has an existing accessory dwelling unit ordinance that fails to meet the requirements of this subdivision, that ordinance shall be null and void and that agency shall thereafter apply the standards established in this subdivision for the approval of accessory dwelling units, unless and until the agency adopts an 150
33 ordinance that complies with this section.
(4) No other local ordinance, policy, or regulation shall be the basis for the delay or denial of a building permit or a use permit under this subdivision. (5) This subdivision establishes the maximum standards that local agencies shall use to evaluate a proposed accessory dwelling unit on a lot that includes a proposed or existing single-family dwelling. No additional standards, other than those provided in this subdivision, shall be used or imposed, including any owner-occupant requirement, except that a local agency may require that the property be used for rentals of terms longer than 30 days. (6) A local agency may amend its zoning ordinance or general plan to incorporate the policies, procedures, or other provisions applicable to the creation of an accessory dwelling unit if these provisions are consistent with the limitations of this subdivision. (7) An accessory dwelling unit that conforms to this subdivision shall be deemed to be an accessory use or an accessory building and shall not be considered to exceed the allowable density for the lot upon which it is located, and shall be deemed to be a residential use that is consistent with the existing general plan and zoning designations for the lot. The accessory dwelling unit shall not be considered in the application of any local ordinance, policy, or program to limit residential growth.
(b) When a local agency that has not adopted an ordinance governing accessory dwelling units in accordance with subdivision (a) receives an application for a permit to create an accessory dwelling unit pursuant to this subdivision, the local agency shall approve or disapprove the application ministerially without discretionary review pursuant to subdivision (a). The permitting agency shall act on the application to create an accessory dwelling unit or a junior accessory dwelling unit within 60 days from the date the local agency receives a completed application if there is an existing single-family or multifamily dwelling on the lot. If the permit application to create an accessory dwelling unit or a junior accessory dwelling unit is submitted with a permit application to create a new single-family dwelling on the lot, the permitting agency may delay acting on the permit application for the accessory dwelling unit or the junior accessory dwelling unit until the permitting agency acts on the permit application to create the new single-family dwelling, but the application to create the accessory dwelling unit or junior accessory dwelling unit shall still be considered ministerially without discretionary review or a hearing. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay. If the local agency has not acted upon the completed application within 60 days, the application shall be deemed approved.
(c) (1) Subject to paragraph (2), a local agency may establish minimum and maximum unit size requirements for both attached and detached accessory dwelling units. (2) Notwithstanding paragraph (1), a local agency shall not establish by ordinance any of the following:
(A) A minimum square footage requirement for either an attached or detached accessory dwelling unit that prohibits an efficiency unit.
(B) A maximum square footage requirement for either an attached or detached accessory dwelling unit that is less than either of the following:
(i) 850 square feet.
(ii) 1,000 square feet for an accessory dwelling unit that provides more than one bedroom. (C) Any other minimum or maximum size for an accessory dwelling unit, size based upon a percentage of the proposed or existing primary dwelling, or limits on lot coverage, floor area ratio, open space, and minimum lot size, for either attached or detached dwellings that does not permit at least an 800 square foot accessory dwelling unit that is at least 16 feet in height with four-foot side and rear yard setbacks to be constructed in compliance with all other local 151
34 development standards.
(d) Notwithstanding any other law, a local agency, whether or not it has adopted an ordinance governing accessory dwelling units in accordance with subdivision (a), shall not impose parking standards for an accessory dwelling unit in any of the following instances:
(1) The accessory dwelling unit is located within one-half mile walking distance of public transit. (2) The accessory dwelling unit is located within an architecturally and historically significant historic district.
(3) The accessory dwelling unit is part of the proposed or existing primary residence or an accessory structure.
(4) When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit.
(5) When there is a car share vehicle located within one block of the accessory dwelling unit. (e) (1) Notwithstanding subdivisions (a) to (d), inclusive, a local agency shall ministerially approve an application for a building permit within a residential or mixed-use zone to create any of the following:
(A) One accessory dwelling unit or and one junior accessory dwelling unit per lot with a proposed or existing single-family dwelling if all of the following apply:
(i) The accessory dwelling unit or junior accessory dwelling unit is within the proposed space of a single-family dwelling or existing space of a single-family dwelling or accessory structure and may include an expansion of not more than 150 square feet beyond the same physical dimensions as the existing accessory structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress. (ii) The space has exterior access from the proposed or existing single-family dwelling. (iii) The side and rear setbacks are sufficient for fire and safety. (iv) The junior accessory dwelling unit complies with the requirements of Section 65852.22. (B) One detached, new construction, accessory dwelling unit that does not exceed four-foot side and rear yard setbacks for a lot with a proposed or existing single-family dwelling. The accessory dwelling unit may be combined with a junior accessory dwelling unit described in subparagraph (A). A local agency may impose the following conditions on the accessory dwelling unit:
(i) A total floor area limitation of not more than 800 square feet. (ii) A height limitation of 16 feet.
(C) (i) Multiple accessory dwelling units within the portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings.
(ii) A local agency shall allow at least one accessory dwelling unit within an existing multifamily dwelling and shall allow up to 25 percent of the existing multifamily dwelling units. (D) Not more than two 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 limit of 16 feet and four-foot rear yard and side setbacks. (2) A local agency shall not require, as a condition for ministerial approval of a permit application for the creation of an accessory dwelling unit or a junior accessory dwelling unit, the correction of nonconforming zoning conditions.
(3) The installation of fire sprinklers shall not be required in an accessory dwelling unit if sprinklers are not required for the primary residence.
(4) A local agency shall require that a rental of the accessory dwelling unit created pursuant to this subdivision be for a term longer than 30 days.
(5) A local agency may require, as part of the application for a permit to create an accessory 152
35 dwelling unit connected to an onsite wastewater treatment system, a percolation test completed within the last five years, or, if the percolation test has been recertified, within the last 10 years.
(6) Notwithstanding subdivision (c) and paragraph (1) a local agency that has adopted an ordinance by July 1, 2018, providing for the approval of accessory dwelling units in multifamily dwelling structures shall ministerially consider a permit application to construct an accessory dwelling unit that is described in paragraph (1), and may impose standards including, but not limited to, design, development, and historic standards on said accessory dwelling units. These standards shall not include requirements on minimum lot size. (f) (1) Fees charged for the construction of accessory dwelling units shall be determined in accordance with Chapter 5 (commencing with Section 66000) and Chapter 7 (commencing with Section 66012).
(2) An accessory dwelling unit shall not be considered by a local agency, special district, or water corporation to be a new residential use for purposes of calculating connection fees or capacity charges for utilities, including water and sewer service, unless the accessory dwelling unit was constructed with a new single-family dwelling. (3) (A) A local agency, special district, or water corporation shall not impose any impact fee upon the development of an accessory dwelling unit less than 750 square feet. Any impact fees charged for an accessory dwelling unit of 750 square feet or more shall be charged proportionately in relation to the square footage of the primary dwelling unit. (B) For purposes of this paragraph, “impact fee” has the same meaning as the term “fee” is defined in subdivision
(b) of Section 66000, except that it also includes fees specified in Section 66477. “Impact fee” does not include any connection fee or capacity charge charged by a local agency, special district, or water corporation.
(4) For an accessory dwelling unit described in subparagraph (A) of paragraph (1) of subdivision (e), a local agency, special district, or water corporation shall not require the applicant to install a new or separate utility connection directly between the accessory dwelling unit and the utility or impose a related connection fee or capacity charge, unless the accessory dwelling unit was constructed with a new single-family home.
(5) For an accessory dwelling unit that is not described in subparagraph (A) of paragraph (1) of subdivision (e), a local agency, special district, or water corporation may require a new or separate utility connection directly between the accessory dwelling unit and the utility.
Consistent with Section 66013, the connection may be subject to a connection fee or capacity charge that shall be proportionate to the burden of the proposed accessory dwelling unit, based upon either its square feet or the number of its drainage fixture unit (DFU) values, as defined in the Uniform Plumbing Code adopted and published by the International Association of Plumbing and Mechanical Officials, upon the water or sewer system. This fee or charge shall not exceed the reasonable cost of providing this service. (g) This section does not limit the authority of local agencies to adopt less restrictive requirements for the creation of an accessory dwelling unit. (h) (1) A local agency shall submit a copy of the ordinance adopted pursuant to subdivision (a) to the Department of Housing and Community Development within 60 days after adoption.
After adoption of an ordinance, the department may submit written findings to the local agency as to whether the ordinance complies with this section. (2) (A) If the department finds that the local agency’s ordinance does not comply with this section, the department shall notify the local agency and shall provide the local agency with a reasonable time, no longer than 30 days, to respond to the findings before taking any other 153
36 action authorized by this section.
(B) The local agency shall consider the findings made by the department pursuant to subparagraph (A) and shall do one of the following:
(i) Amend the ordinance to comply with this section.
(ii) Adopt the ordinance without changes. The local agency shall include findings in its resolution adopting the ordinance that explain the reasons the local agency believes that the ordinance complies with this section despite the findings of the department. (3) (A) If the local agency does not amend its ordinance in response to the department’s findings or does not adopt a resolution with findings explaining the reason the ordinance complies with this section and addressing the department’s findings, the department shall notify the local agency and may notify the Attorney General that the local agency is in violation of state law.
(B) Before notifying the Attorney General that the local agency is in violation of state law, the department may consider whether a local agency adopted an ordinance in compliance with this section between January 1, 2017, and January 1, 2020. (i) The department may review, adopt, amend, or repeal guidelines to implement uniform standards or criteria that supplement or clarify the terms, references, and standards set forth in this section. The guidelines adopted pursuant to this subdivision are not subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2. (j) As used in this section, the following terms mean:
(1) “Accessory dwelling unit” means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. An accessory dwelling unit also includes the following:
(A) An efficiency unit.
(B) A manufactured home, as defined in Section 18007 of the Health and Safety Code. (2) “Accessory structure” means a structure that is accessory and incidental to a dwelling located on the same lot.
(3) “Efficiency unit” has the same meaning as defined in Section 17958.1 of the Health and Safety Code.
(4) “Living area” means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure. (5) “Local agency” means a city, county, or city and county, whether general law or chartered. (6) “Nonconforming zoning condition” means a physical improvement on a property that does not conform with current zoning standards.
(7) “Passageway” means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit.
(8) “Proposed dwelling” means a dwelling that is the subject of a permit application and that meets the requirements for permitting.
(9) “Public transit” means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public. (10) “Tandem parking” means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another. (k) A local agency shall not issue a certificate of occupancy for an accessory dwelling unit before the local agency issues a certificate of occupancy for the primary dwelling. (l) Nothing in this section shall be construed to supersede or in any way alter or lessen the 154
37 effect or application of the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code), except that the local government shall not be required to hold public hearings for coastal development permit applications for accessory dwelling units.
(m) A local agency may count an accessory dwelling unit for purposes of identifying adequate sites for housing, as specified in subdivision (a) of Section 65583.1, subject to authorization by the department and compliance with this division.
(n) In enforcing building standards pursuant to Article 1 (commencing with Section 17960) of Chapter 5 of Part 1.5 of Division 13 of the Health and Safety Code for an accessory dwelling unit described in paragraph (1) or (2) below, a local agency, upon request of an owner of an accessory dwelling unit for a delay in enforcement, shall delay enforcement of a building standard, subject to compliance with Section 17980.12 of the Health and Safety Code:
(1) The accessory dwelling unit was built before January 1, 2020. (2) The accessory dwelling unit was built on or after January 1, 2020, in a local jurisdiction that, at the time the accessory dwelling unit was built, had a noncompliant accessory dwelling unit ordinance, but the ordinance is compliant at the time the request is made. (o) This section shall remain in effect only until January 1, 2025, and as of that date is repealed. (Becomes operative on January 1, 2025)
Section 65852.2 of the Government Code is amended to read (changes from January 1, 2021 statute noted in underline/italic):
65852.2.
(a) (1) A local agency may, by ordinance, provide for the creation of accessory dwelling units in areas zoned to allow single-family or multifamily dwelling residential use. The ordinance shall do all of the following:
(A) Designate areas within the jurisdiction of the local agency where accessory dwelling units may be permitted. The designation of areas may be based on the adequacy of water and sewer services and the impact of accessory dwelling units on traffic flow and public safety. A local agency that does not provide water or sewer services shall consult with the local water or sewer service provider regarding the adequacy of water and sewer services before designating an area where accessory dwelling units may be permitted. (B) (i) Impose standards on accessory dwelling units that include, but are not limited to, parking, height, setback, landscape, architectural review, maximum size of a unit, and standards that prevent adverse impacts on any real property that is listed in the California Register of Historic Resources. These standards shall not include requirements on minimum lot size.
(ii) Notwithstanding clause (i), a local agency may reduce or eliminate parking requirements for any accessory dwelling unit located within its jurisdiction. (C) Provide that accessory dwelling units do not exceed the allowable density for the lot upon which the accessory dwelling unit is located, and that accessory dwelling units are a residential use that is consistent with the existing general plan and zoning designation for the lot. (D) Require the accessory dwelling units to comply with all of the following:
(i) The accessory dwelling unit may be rented separate from the primary residence, but may not be sold or otherwise conveyed separate from the primary residence. (ii) The lot is zoned to allow single-family or multifamily dwelling residential use and includes a proposed or existing dwelling.
(iii) The accessory dwelling unit is either attached to, or located within, the proposed or 155
38 existing primary dwelling, including attached garages, storage areas or similar uses, or an accessory structure or detached from the proposed or existing primary dwelling and located on the same lot as the proposed or existing primary dwelling. (iv) If there is an existing primary dwelling, the total floor area of an attached accessory dwelling unit shall not exceed 50 percent of the existing primary dwelling. (v) The total floor area for a detached accessory dwelling unit shall not exceed 1,200 square feet. (vi) No passageway shall be required in conjunction with the construction of an accessory dwelling unit.
(vii) No setback shall be required for an existing living area or accessory structure or a structure constructed in the same location and to the same dimensions as an existing structure that is converted to an accessory dwelling unit or to a portion of an accessory dwelling unit, and a setback of no more than four feet from the side and rear lot lines shall be required for an accessory dwelling unit that is not converted from an existing structure or a new structure constructed in the same location and to the same dimensions as an existing structure. (viii) Local building code requirements that apply to detached dwellings, as appropriate. (ix) Approval by the local health officer where a private sewage disposal system is being used, if required.
(x) (I) Parking requirements for accessory dwelling units shall not exceed one parking space per accessory dwelling unit or per bedroom, whichever is less. These spaces may be provided as tandem parking on a driveway.
(II) Offstreet parking shall be permitted in setback areas in locations determined by the local agency or through tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions.
(III) This clause shall not apply to an accessory dwelling unit that is described in subdivision (d). (xi) When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit or converted to an accessory dwelling unit, the local agency shall not require that those offstreet parking spaces be replaced. (xii) Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary residence.
(2) The ordinance shall not be considered in the application of any local ordinance, policy, or program to limit residential growth.
(3) A permit application for an accessory dwelling unit or a junior accessory dwelling unit shall be considered and approved ministerially without discretionary review or a hearing, notwithstanding Section 65901 or 65906 or any local ordinance regulating the issuance of variances or special use permits. The permitting agency shall act on the application to create an accessory dwelling unit or a junior accessory dwelling unit within 60 days from the date the local agency receives a completed application if there is an existing single-family or multifamily dwelling on the lot. If the permit application to create an accessory dwelling unit or a junior accessory dwelling unit is submitted with a permit application to create a new single-family dwelling on the lot, the permitting agency may delay acting on the permit application for the accessory dwelling unit or the junior accessory dwelling unit until the permitting agency acts on the permit application to create the new single-family dwelling, but the application to create the accessory dwelling unit or junior accessory dwelling unit shall be considered without discretionary review or hearing. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay. If the local agency has not acted upon the completed application within 60 days, the application shall be deemed approved. A local agency may charge a fee to reimburse it for costs incurred to implement this paragraph, including the costs 156
39 of adopting or amending any ordinance that provides for the creation of an accessory dwelling unit.
(4) An existing ordinance governing the creation of an accessory dwelling unit by a local agency or an accessory dwelling ordinance adopted by a local agency shall provide an approval process that includes only ministerial provisions for the approval of accessory dwelling units and shall not include any discretionary processes, provisions, or requirements for those units, except as otherwise provided in this subdivision. If a local agency has an existing accessory dwelling unit ordinance that fails to meet the requirements of this subdivision, that ordinance shall be null and void and that agency shall thereafter apply the standards established in this subdivision for the approval of accessory dwelling units, unless and until the agency adopts an ordinance that complies with this section.
(5) No other local ordinance, policy, or regulation shall be the basis for the delay or denial of a building permit or a use permit under this subdivision. (6) (A) This subdivision establishes the maximum standards that local agencies shall use to evaluate a proposed
accessory dwelling unit on a lot that includes a proposed or existing single-family dwelling. No additional standards, other than those provided in this subdivision, shall be used or imposed, including any owner-occupant requirement, except that imposed except that, subject to subparagraph (B), a local agency may require an applicant for a permit issued pursuant to this subdivision to be an owner-occupant or that the property be used for rentals of terms longer than 30 days.
(B) Notwithstanding subparagraph (A), a local agency shall not impose an owner-occupant requirement on an accessory dwelling unit permitted between January 1, 2020, to January 1, 2025, during which time the local agency was prohibited from imposing an owner-occupant requirement.
(7) A local agency may amend its zoning ordinance or general plan to incorporate the policies, procedures, or other provisions applicable to the creation of an accessory dwelling unit if these provisions are consistent with the limitations of this subdivision. (8) An accessory dwelling unit that conforms to this subdivision shall be deemed to be an accessory use or an accessory building and shall not be considered to exceed the allowable density for the lot upon which it is located, and shall be deemed to be a residential use that is consistent with the existing general plan and zoning designations for the lot. The accessory dwelling unit shall not be considered in the application of any local ordinance, policy, or program to limit residential growth.
(b) When a local agency that has not adopted an ordinance governing accessory dwelling units in accordance with subdivision (a) receives an application for a permit to create an accessory dwelling unit pursuant to this subdivision, the local agency shall approve or disapprove the application ministerially without discretionary review pursuant to subdivision (a). The permitting agency shall act on the application to create an accessory dwelling unit or a junior accessory dwelling unit within 60 days from the date the local agency receives a completed application if there is an existing single-family or multifamily dwelling on the lot. If the permit application to create an accessory dwelling unit or a junior accessory dwelling unit is submitted with a permit application to create a new single-family dwelling on the lot, the permitting agency may delay acting on the permit application for the accessory dwelling unit or the junior accessory dwelling unit until the permitting agency acts on the permit application to create the new single-family dwelling, but the application to create the accessory dwelling unit or junior accessory dwelling unit shall still be considered ministerially without discretionary review or a hearing. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay. If 157
40 the local agency has not acted upon the completed application within 60 days, the application shall be deemed approved.
(c) (1) Subject to paragraph (2), a local agency may establish minimum and maximum unit size requirements for both attached and detached accessory dwelling units. (2) Notwithstanding paragraph (1), a local agency shall not establish by ordinance any of the following:
(A) A minimum square footage requirement for either an attached or detached accessory dwelling unit that prohibits an efficiency unit.
(B) A maximum square footage requirement for either an attached or detached accessory dwelling unit that is less than either of the following:
(i) 850 square feet.
(ii) 1,000 square feet for an accessory dwelling unit that provides more than one bedroom. (C) Any other minimum or maximum size for an accessory dwelling unit, size based upon a percentage of the proposed or existing primary dwelling, or limits on lot coverage, floor area ratio, open space, and minimum lot size, for either attached or detached dwellings that does not permit at least an 800 square foot accessory dwelling unit that is at least 16 feet in height with four-foot side and rear yard setbacks to be constructed in compliance with all other local development standards.
(d) Notwithstanding any other law, a local agency, whether or not it has adopted an ordinance governing accessory dwelling units in accordance with subdivision (a), shall not impose parking standards for an accessory dwelling unit in any of the following instances:
(1) The accessory dwelling unit is located within one-half mile walking distance of public transit. (2) The accessory dwelling unit is located within an architecturally and historically significant historic district.
(3) The accessory dwelling unit is part of the proposed or existing primary residence or an accessory structure.
(4) When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit.
(5) When there is a car share vehicle located within one block of the accessory dwelling unit. (e) (1) Notwithstanding subdivisions (a) to (d), inclusive, a local agency shall ministerially approve an application for a building permit within a residential or mixed-use zone to create any of the following:
(A) One accessory dwelling unit or and one junior accessory dwelling unit per lot with a proposed or existing single-family dwelling if all of the following apply:
(i) The accessory dwelling unit or junior accessory dwelling unit is within the proposed space of a single-family dwelling or existing space of a single-family dwelling or accessory structure and may include an expansion of not more than 150 square feet beyond the same physical dimensions as the existing accessory structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress. (ii) The space has exterior access from the proposed or existing single-family dwelling. (iii) The side and rear setbacks are sufficient for fire and safety. (iv) The junior accessory dwelling unit complies with the requirements of Section 65852.22. (B) One detached, new construction, accessory dwelling unit that does not exceed four-foot side and rear yard setbacks for a lot with a proposed or existing single-family dwelling. The accessory dwelling unit may be combined with a junior accessory dwelling unit described in subparagraph (A). A local agency may impose the following conditions on the accessory dwelling unit:
(i) A total floor area limitation of not more than 800 square feet. (ii) A height limitation of 16 feet.
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41 (C) (i) Multiple accessory dwelling units within the portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings.
(ii) A local agency shall allow at least one accessory dwelling unit within an existing multifamily dwelling and shall allow up to 25 percent of the existing multifamily dwelling units. (D) Not more than two 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 limit of 16 feet and four-foot rear yard and side setbacks. (2) A local agency shall not require, as a condition for ministerial approval of a permit application for the creation of an accessory dwelling unit or a junior accessory dwelling unit, the correction of nonconforming zoning conditions.
(3) The installation of fire sprinklers shall not be required in an accessory dwelling unit if sprinklers are not required for the primary residence.
(4) A local agency may require owner occupancy for either the primary dwelling or the accessory dwelling unit on a single-family lot, subject to the requirements of paragraph (6) of subdivision (a).
(4) (5) A local agency shall require that a rental of the accessory dwelling unit created pursuant to this subdivision be for a term longer than 30 days.
(5) (6) A local agency may require, as part of the application for a permit to create an accessory dwelling unit connected to an onsite wastewater treatment system, a percolation test completed within the last five years, or, if the percolation test has been recertified, within the last 10 years.
(6) (7) Notwithstanding subdivision (c) and paragraph (1) a local agency that has adopted an ordinance by July 1, 2018, providing for the approval of accessory dwelling units in multifamily dwelling structures shall ministerially consider a permit application to construct an accessory dwelling unit that is described in paragraph (1), and may impose standards including, but not limited to, design, development, and historic standards on said accessory dwelling units.
These standards shall not include requirements on minimum lot size. (f) (1) Fees charged for the construction of accessory dwelling units shall be determined in accordance with Chapter 5 (commencing with Section 66000) and Chapter 7 (commencing with Section 66012).
(2) An accessory dwelling unit shall not be considered by a local agency, special district, or water corporation to be a new residential use for purposes of calculating connection fees or capacity charges for utilities, including water and sewer service, unless the accessory dwelling unit was constructed with a new single-family dwelling. (3) (A) A local agency, special district, or water corporation shall not impose any impact fee upon the development of an accessory dwelling unit less than 750 square feet. Any impact fees charged for an accessory dwelling unit of 750 square feet or more shall be charged proportionately in relation to the square footage of the primary dwelling unit. (B) For purposes of this paragraph, “impact fee” has the same meaning as the term “fee” is defined in subdivision
(b) of Section 66000, except that it also includes fees specified in Section 66477. “Impact fee” does not include any connection fee or capacity charge charged by a local agency, special district, or water corporation.
(4) For an accessory dwelling unit described in subparagraph (A) of paragraph (1) of subdivision (e), a local agency, special district, or water corporation shall not require the applicant to install a new or separate utility connection directly between the accessory 159
42 dwelling unit and the utility or impose a related connection fee or capacity charge, unless the accessory dwelling unit was constructed with a new single-family home. dwelling. (5) For an accessory dwelling unit that is not described in subparagraph (A) of paragraph (1) of subdivision (e), a local agency, special district, or water corporation may require a new or separate utility connection directly between the accessory dwelling unit and the utility.
Consistent with Section 66013, the connection may be subject to a connection fee or capacity charge that shall be proportionate to the burden of the proposed accessory dwelling unit, based upon either its square feet or the number of its drainage fixture unit (DFU) values, as defined in the Uniform Plumbing Code adopted and published by the International Association of Plumbing and Mechanical Officials, upon the water or sewer system. This fee or charge shall not exceed the reasonable cost of providing this service. (g) This section does not limit the authority of local agencies to adopt less restrictive requirements for the creation of an accessory dwelling unit. (h) (1) A local agency shall submit a copy of the ordinance adopted pursuant to subdivision (a) to the Department of Housing and Community Development within 60 days after adoption.
After adoption of an ordinance, the department may submit written findings to the local agency as to whether the ordinance complies with this section. (2) (A) If the department finds that the local agency’s ordinance does not comply with this section, the department shall notify the local agency and shall provide the local agency with a reasonable time, no longer than 30 days, to respond to the findings before taking any other action authorized by this section.
(B) The local agency shall consider the findings made by the department pursuant to subparagraph (A) and shall do one of the following:
(i) Amend the ordinance to comply with this section.
(ii) Adopt the ordinance without changes. The local agency shall include findings in its resolution adopting the ordinance that explain the reasons the local agency believes that the ordinance complies with this section despite the findings of the department. (3) (A) If the local agency does not amend its ordinance in response to the department’s findings or does not adopt a resolution with findings explaining the reason the ordinance complies with this section and addressing the department’s findings, the department shall notify the local agency and may notify the Attorney General that the local agency is in violation of state law.
(B) Before notifying the Attorney General that the local agency is in violation of state law, the department may consider whether a local agency adopted an ordinance in compliance with this section between January 1, 2017, and January 1, 2020. (i) The department may review, adopt, amend, or repeal guidelines to implement uniform standards or criteria that supplement or clarify the terms, references, and standards set forth in this section. The guidelines adopted pursuant to this subdivision are not subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2. (j) As used in this section, the following terms mean:
(1) “Accessory dwelling unit” means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. An accessory dwelling unit also includes the following:
(A) An efficiency unit.
(B) A manufactured home, as defined in Section 18007 of the Health and Safety Code. (2) “Accessory structure” means a structure that is accessory and incidental to a dwelling located 160
43 on the same lot.
(3) “Efficiency unit” has the same meaning as defined in Section 17958.1 of the Health and Safety Code.
(4) “Living area” means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure. (5) “Local agency” means a city, county, or city and county, whether general law or chartered. (6) “Nonconforming zoning condition” means a physical improvement on a property that does not conform with current zoning standards.
(7) “Passageway” means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit.
(8) “Proposed dwelling” means a dwelling that is the subject of a permit application and that meets the requirements for permitting.
(9) “Public transit” means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public. (10) “Tandem parking” means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another. (k) A local agency shall not issue a certificate of occupancy for an accessory dwelling unit before the local agency issues a certificate of occupancy for the primary dwelling. (l) Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code), except that the local government shall not be required to hold public hearings for coastal development permit
applications for accessory dwelling units.
(m) A local agency may count an accessory dwelling unit for purposes of identifying adequate sites for housing, as specified in subdivision (a) of Section 65583.1, subject to authorization by the department and compliance with this division.
(n) In enforcing building standards pursuant to Article 1 (commencing with Section 17960) of Chapter 5 of Part 1.5 of Division 13 of the Health and Safety Code for an accessory dwelling unit described in paragraph (1) or (2) below, a local agency, upon request of an owner of an accessory dwelling unit for a delay in enforcement, shall delay enforcement of a building standard, subject to compliance with Section 17980.12 of the Health and Safety Code:
(1) The accessory dwelling unit was built before January 1, 2020. (2) The accessory dwelling unit was built on or after January 1, 2020, in a local jurisdiction that, at the time the accessory dwelling unit was built, had a noncompliant accessory dwelling unit ordinance, but the ordinance is compliant at the time the request is made. (o) This section shall remain in effect only until January 1, 2025, and as of that date is repealed. become operative on January 1, 2025.
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44 GOV. CODE: TITLE 7, DIVISION 1, CHAPTER 4,
ARTICLE 2
AB 345 (Accessory Dwelling Units)
Effective January 1, 2022, Section 65852.26 is amended to read:
65852.26.
(a) Notwithstanding clause (i) of subparagraph (D) of paragraph (1) of subdivision (a) of Section 65852.2, a local agency may, by ordinance, shall allow an accessory dwelling unit to be sold or conveyed separately from the primary residence to a qualified buyer if all of the following apply:
(1) The property accessory dwelling unit or the primary dwelling was built or developed by a qualified nonprofit corporation.
(2) There is an enforceable restriction on the use of the land pursuant to a recorded contract between the qualified buyer and the qualified nonprofit corporation that satisfies all of the requirements specified in paragraph (10) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code.
(3) The property is held pursuant to a recorded tenancy in common agreement that includes all of the following:
(A) The agreement allocates to each qualified buyer an undivided, unequal interest in the property based on the size of the dwelling each that qualified buyer occupies. (B) A repurchase option that requires the qualified buyer to first offer the qualified nonprofit corporation to buy the property accessory dwelling unit or primary dwelling if the buyer desires to sell or convey the property.
(C) A requirement that the qualified buyer occupy the property accessory dwelling unit or primary dwelling as the buyer’s principal residence.
(D) Affordability restrictions on the sale and conveyance of the property accessory dwelling unit or primary dwelling that ensure the property accessory dwelling unit and primary dwelling will be preserved for low-income housing for 45 years for owner-occupied housing units and will be sold or resold to a qualified buyer.
(E) If the tenancy in common agreement is recorded after December 31, 2021, it shall also include all of the following
(i) Delineation of all areas of the property that are for the exclusive use of a cotenant. Each cotenant shall agree not to claim a right of occupancy to an area delineated for the exclusive use of another cotenant, provided that the latter cotenant’s obligations to each of the other cotenants have been satisfied.
(ii) Delineation of each cotenant’s responsibility for the costs of taxes, insurance, utilities, general maintenance and repair, improvements, and any other costs, obligations, or liabilities associated with the property. This delineation shall only be binding on the parties to the agreement, and shall not supersede or obviated the liability, whether joint and several or otherwise, of the parties for any cost, obligation, or liability associated with the property where such liability is otherwise established by law or by agreement with a third party. 162
45 (iii) Procedures for dispute resolution among the parties before resorting to legal action. (4) A grant deed naming the grantor, grantee, and describing the property interests being transferred shall be recorded in the county in which the property is located. A Preliminary Change of Ownership Report shall be filed concurrently with this grant deed pursuant to Section 480.3 of the Revenue and Taxation Code.
(5) Notwithstanding subparagraph (A) of paragraph (2) of subdivision (f) of Section 65852.2, if requested by a utility providing service to the primary residence, the accessory dwelling unit has a separate water, sewer, or electrical connection to that utility. (b) For purposes of this section, the following definitions apply:
(1) “Qualified buyer” means persons and families of low or moderate income, as that term is defined in Section 50093 of the Health and Safety Code. (2) “Qualified nonprofit corporation” means a nonprofit corporation organized pursuant to Section 501(c)(3) of the Internal Revenue Code that has received a welfare exemption under Section 214.15 of the Revenue and Taxation Code for properties intended to be sold to low- income families who participate in a special no-interest loan program.
Effective January 1, 2021, Section 4740 of the Civil Code is amended to read (changes noted in strikeout, underline/italics) (AB 3182 (Ting)):
4740.
(a) An owner of a separate interest in a common interest development shall not be subject to a provision in a governing document or an amendment to a governing document that prohibits the rental or leasing of any of the separate interests in that common interest development to a renter, lessee, or tenant unless that governing document, or amendment thereto, was effective prior to the date the owner acquired title to his or her their separate interest.
(b) Notwithstanding the provisions of this section, an owner of a separate interest in a common interest development may expressly consent to be subject to a governing document or an amendment to a governing document that prohibits the rental or leasing of any of the separate interests in the common interest development to a renter, lessee, or tenant. (c) (b) For purposes of this section, the right to rent or lease the separate interest of an owner shall not be deemed to have terminated if the transfer by the owner of all or part of the separate interest meets at least one of the following conditions:
(1) Pursuant to Section 62 or 480.3 of the Revenue and Taxation Code, the transfer is exempt, for purposes of reassessment by the county tax assessor. (2) Pursuant to subdivision (b) of, solely with respect to probate transfers, or subdivision (e), (f), or (g) of, Section 1102.2, the transfer is exempt from the requirements to prepare and deliver a Real Estate Transfer Disclosure Statement, as set forth in Section 1102.6. (d) (c) Prior to renting or leasing his or her their separate interest as provided by this section, an owner shall provide the association verification of the date the owner acquired title to the separate interest and the name and contact information of the prospective tenant or lessee or the prospective tenant’s or lessee’s representative.
(e) (d) Nothing in this section shall be deemed to revise, alter, or otherwise affect the voting process by which a common interest development adopts or amends its governing documents.
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46 (f) This section shall apply only to a provision in a governing document or a provision in an amendment to a governing document that becomes effective on or after January 1, 2012.
Effective January 1, 2021 of the Section 4741 was added to the Civil Code, to read:
4741.
(a) An owner of a separate interest in a common interest development shall not be subject to a provision in a governing document or an amendment to a governing document that prohibits, has the effect of prohibiting, or unreasonably restricts the rental or leasing of any of the separate interests, accessory dwelling units, or junior accessory dwelling units in that common interest development to a renter, lessee, or tenant. (b) A common interest development shall not adopt or enforce a provision in a governing document or amendment to a governing document that restricts the rental or lease of separate interests within a common interest to less than 25 percent of the separate interests. Nothing in this subdivision prohibits a common interest development from adopting or enforcing a provision authorizing a higher percentage of separate interests to be rented or leased. (c) This section does not prohibit a common interest development from adopting and enforcing a provision in a governing document that prohibits transient or short-term rental of a separate property interest for a period of 30 days or less.
(d) For purposes of this section, an accessory dwelling unit or junior accessory dwelling unit shall not be construed as a separate interest.
(e) For purposes of this section, a separate interest shall not be counted as occupied by a renter if the separate interest, or the accessory dwelling unit or junior accessory dwelling unit of the separate interest, is occupied by the owner.
(f) A common interest development shall comply with the prohibition on rental restrictions specified in this section on and after January 1, 2021, regardless of whether the common interest development has revised their governing documents to comply with this section.
However, a common interest development shall amend their governing documents to conform to the requirements of this section no later than December 31, 2021. (g) A common interest development that willfully violates this section shall be liable to the applicant or other party for actual damages, and shall pay a civil penalty to the applicant or other party in an amount not to exceed one thousand dollars ($1,000). (h) In accordance with Section 4740, this section does not change the right of an owner of a separate interest who acquired title to their separate interest before the effective date of this section to rent or lease their property.
Effective January 1, 2020, Section 65852.22 of the Government Code was amended to read:
65852.22.
(a) Notwithstanding Section 65852.2, a local agency may, by ordinance, provide for the creation of junior accessory dwelling units in single-family residential zones. The ordinance may require a permit to be obtained for the creation of a junior accessory dwelling unit, and shall do all of the following:
(1) Limit the number of junior accessory dwelling units to one per residential lot zoned for single-family residences with a single-family residence built, or proposed to be built, on the lot. (2) Require owner-occupancy in the single-family residence in which the junior accessory dwelling unit will be permitted. The owner may reside in either the remaining portion of the 164
47 structure or the newly created junior accessory dwelling unit. Owner-occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization. (3) Require the recordation of a deed restriction, which shall run with the land, shall be filed with the permitting agency, and shall include both of the following:
(A) A prohibition on the sale of the junior accessory dwelling unit separate from the sale of the single-family residence, including a statement that the deed restriction may be enforced against future purchasers.
(B) A restriction on the size and attributes of the junior accessory dwelling unit that conforms with this section.
(4) Require a permitted junior accessory dwelling unit to be constructed within the walls of proposed or existing single-family residence.
(5) Require a permitted junior accessory dwelling to include a separate entrance from the main entrance to the proposed or existing single-family residence. (6) Require the permitted junior accessory dwelling unit to include an efficiency kitchen, which shall include all of the following:
(A) A cooking facility with appliances.
(B) A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.
(b) (1) An ordinance shall not require additional parking as a condition to grant a permit. (2) This subdivision shall not be interpreted to prohibit the requirement of an inspection, including the imposition of a fee for that inspection, to determine if the junior accessory dwelling unit complies with applicable building standards. (c) An application for a permit pursuant to this section shall, notwithstanding Section 65901 or 65906 or any local ordinance regulating the issuance of variances or special use permits, be considered ministerially, without discretionary review or a hearing. The permitting agency shall act on the application to create a junior accessory dwelling unit within 60 days from the date the local agency receives a completed application if there is an existing single-family dwelling on the lot. If the permit application to create a junior accessory dwelling unit is submitted with a permit application to create a new single-family dwelling on the lot, the permitting agency may delay acting on the permit application for the junior accessory dwelling unit until the permitting agency acts on the permit application to create the new single-family dwelling, but the application to create the junior accessory dwelling unit shall still be considered ministerially without discretionary review or a hearing. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay. A local agency may charge a fee to reimburse the local agency for costs incurred in connection with the issuance of a permit pursuant to this section.
(d) For purposes of any fire or life protection ordinance or regulation, a junior accessory dwelling unit shall not be considered a separate or new dwelling unit. This section shall not be construed to prohibit a city, county, city and county, or other local public entity from adopting an ordinance or regulation relating to fire and life protection requirements within a single- family residence that contains a junior accessory dwelling unit so long as the ordinance or regulation applies uniformly to all single-family residences within the zone regardless of whether the single-family residence includes a junior accessory dwelling unit or not. (e) For purposes of providing service for water, sewer, or power, including a connection fee, a junior accessory dwelling unit shall not be considered a separate or new dwelling unit. (f) This section shall not be construed to prohibit a local agency from adopting an ordinance or regulation, related to parking or a service or a connection fee for water, sewer, or power, that applies to a single-family residence that contains a junior accessory dwelling unit, so long as 165
48 that ordinance or regulation applies uniformly to all single- family residences regardless of whether the single-family residence includes a junior accessory dwelling unit. (g) If a local agency has not adopted a local ordinance pursuant to this section, the local agency shall ministerially approve a permit to construct a junior accessory dwelling unit that satisfies the requirements set forth in subparagraph (A) of paragraph (1) of subdivision (e) of Section 65852.2 and the requirements of this section.
(h) For purposes of this section, the following terms have the following meanings:
(1) “Junior accessory dwelling unit” means a unit that is no more than 500 square feet in size and contained entirely within a single-family residence. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure.
(2) “Local agency” means a city, county, or city and county, whether general law or chartered.
Effective January 1, 2020 Section 17980.12 was added to the Health and Safety Code, immediately following Section 17980.11, to read:
17980.12.
(a) (1) An enforcement agency, until January 1, 2030, that issues to an owner of an accessory dwelling unit described in subparagraph (A) or (B) below, a notice to correct a violation of any provision of any building standard pursuant to this part shall include in that notice a statement that the owner of the unit has a right to request a delay in enforcement pursuant to this subdivision:
(A) The accessory dwelling unit was built before January 1, 2020. (B) The accessory dwelling unit was built on or after January 1, 2020, in a local jurisdiction that, at the time the accessory dwelling unit was built, had a noncompliant accessory dwelling unit ordinance, but the ordinance is compliant at the time the request is made. (2) The owner of an accessory dwelling unit that receives a notice to correct violations or abate nuisances as described in paragraph (1) may, in the form and manner prescribed by the enforcement agency, submit an application to the enforcement agency requesting that enforcement of the violation be delayed for five years on the basis that correcting the violation is not necessary to protect health and safety.
(3) The enforcement agency shall grant an application described in paragraph (2) if the enforcement determines that correcting the violation is not necessary to protect health and safety. In making this determination, the enforcement agency shall consult with the entity responsible for enforcement of building standards and other regulations of the State Fire Marshal pursuant to Section 13146.
(4) The enforcement agency shall not approve any applications pursuant to this section on or after January 1, 2030. However, any delay that was approved by the enforcement agency before January 1, 2030, shall be valid for the full term of the delay that was approved at the time of the initial approval of the application pursuant to paragraph (3). (b) For purposes of this section, “accessory dwelling unit” has the same meaning as defined in Section 65852.2.
(c) This section shall remain in effect only until January 1, 2035, and as of that date is repealed. 166
49 CIVIL CODE: DIVISION 4, PART 5, CHAPTER 5,
ARTICLE 1
AB 670 Accessory Dwelling Units
Effective January 1, 2020, Section 4751 was added to the Civil Code, to read (AB 670 (Friedman)):
4751.
(a) Any covenant, restriction, or condition contained in any deed, contract, security instrument, or other instrument affecting the transfer or sale of any interest in a planned development, and any provision of a governing document, that either effectively prohibits or unreasonably restricts the construction or use of an accessory dwelling unit or junior accessory dwelling unit on a lot zoned for single-family residential use that meets the requirements of Section 65852.2 or 65852.22 of the Government Code, is void and unenforceable. (b) This section does not apply to provisions that impose reasonable restrictions on accessory dwelling units or junior accessory dwelling units. For purposes of this subdivision, “reasonable restrictions” means restrictions that do not unreasonably increase the cost to construct, effectively prohibit the construction of, or extinguish the ability to otherwise construct, an accessory dwelling unit or junior accessory dwelling unit consistent with the provisions of Section 65852.2 or 65852.22 of the Government Code.
GOV. CODE: TITLE 7, DIVISION 1, CHAPTER 3,
ARTICLE 10.6
AB 671 Accessory Dwelling Units
Effective January 1, 2020, Section 65583(c)(7) of the Government Code was added to read (sections of housing element law omitted for conciseness) (AB 671 (Friedman)):
65583(c)(7).
Develop a plan that incentivizes and promotes the creation of accessory dwelling units that can be offered at affordable rent, as defined in Section 50053 of the Health and Safety Code, for very low, low-, or moderate-income households. For purposes of this paragraph, “accessory dwelling units” has the same meaning as “accessory dwelling unit” as defined in paragraph (4) of subdivision (i) of Section 65852.2.
Effective January 1, 2020, Section 50504.5 was added to the Health and Safety Code, to read (AB 671 (Friedman)):
50504.5.
(a) The department shall develop by December 31, 2020, a list of existing state grants and financial incentives for operating, administrative, and other expenses in connection with the planning, construction, and operation of an accessory dwelling unit with affordable rent, as defined in Section 50053, for very low, low-, and moderate-income households. (b) The list shall be posted on the department’s internet website by December 31, 2020. (c) For purposes of this section, “accessory dwelling unit” has the same meaning as defined in paragraph (4) of subdivision (i) of Section 65852.2 of the Government Code.
167
50 GOV. CODE: TITLE 7, DIVISION 1, CHAPTER 4, ARTICLE 2 & TITLE 7, DIVISION 2, CHAPTER 1, ARTICLE 1
SB 9 Housing development: approvals
Effective January 1, 2022, Section 65852.21 was added to the Government Code, to read:
65852.21. (a) A proposed housing development containing no more than two residential units within a single-family residential zone shall be considered ministerially, without discretionary review or a hearing, if the proposed housing development meets all of the following requirements:
(1) The parcel subject to the proposed housing development is located within a city, the boundaries of which include some portion of either an urbanized area or urban cluster, as designated by the United States Census Bureau, or, for unincorporated areas, a legal parcel wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau.
(2) The parcel satisfies the requirements specified in subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a) of Section 65913.4.
(3) Notwithstanding any provision of this section or any local law, the proposed housing development would not require demolition or alteration of any of the following types of housing:
(A) Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income. (B) Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power.
(C) Housing that has been occupied by a tenant in the last three years. (4) The parcel subject to the proposed housing development is not a parcel on which an owner of residential real property has exercised the owner’s rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application. 94 — 3 — Ch. 162 (5) The proposed housing development does not allow the demolition of more than 25 percent of the existing exterior structural walls, unless the housing development meets at least one of the following conditions:
(A) If a local ordinance so allows.
(B) The site has not been occupied by a tenant in the last three years. (6) The development is not located within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance.
(b)(1) Notwithstanding any local law and except as provided in paragraph (2), a local agency may impose objective zoning standards, objective subdivision standards, and objective design review standards that do not conflict with this section.
(2)(A) The local agency shall not impose objective zoning standards, objective subdivision standards, and objective design standards that would have the effect of physically precluding the construction of up to two units or that would physically preclude either of the two units from being at least 800 square feet in floor area. (B)(i) Notwithstanding subparagraph (A), no setback shall be required for an existing structure or a structure constructed in the same location and to the same dimensions as an existing structure.
(ii) Notwithstanding subparagraph (A), in all other circumstances not described in clause (i), a local agency may require a setback of up to four feet from the side and rear lot lines. 168
51 (c) In addition to any conditions established in accordance with subdivision (b), a local agency may require any of the following conditions when considering an application for two residential units as provided for in this section:
(1) Off-street parking of up to one space per unit, except that a local agency shall not impose parking requirements in either of the following instances:
(A) The parcel is located within one-half mile walking distance of either a high-quality transit corridor, as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop, as defined in Section 21064.3 of the Public Resources Code. (B) There is a car share vehicle located within one block of the parcel. (2) For residential units connected to an onsite wastewater treatment system, a percolation test completed within the last 5 years, or, if the percolation test has been recertified, within the last 10 years. (d) Notwithstanding subdivision (a), a local agency may deny a proposed housing development project if the building official makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety or the physical environment and for which there is 94 Ch. 162 — 4 — no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. (e) A local agency shall require that a rental of any unit created pursuant to this section be for a term longer than 30 days.
(f) Notwithstanding Section 65852.2 or 65852.22, a local agency shall not be required to permit an accessory dwelling unit or a junior accessory dwelling unit on parcels that use both the authority contained within this section and the authority contained in Section 66411.7. (g) Notwithstanding subparagraph (B) of paragraph (2) of subdivision (b), an application shall not be rejected solely because it proposes adjacent or connected structures provided that the structures meet building code safety standards and are sufficient to allow separate conveyance. (h) Local agencies shall include units constructed pursuant to this section in the annual housing element report as required by subparagraph (I) of paragraph (2) of subdivision (a) of Section 65400.
(i) For purposes of this section, all of the following apply:
(1) A housing development contains two residential units if the development proposes no more than two new units or if it proposes to add one new unit to one existing unit. (2) The terms “objective zoning standards,” “objective subdivision standards,” and “objective design review standards” mean standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by both the development applicant or proponent and the public official prior to submittal. These standards may be embodied in alternative objective land use specifications adopted by a local agency, and may include, but are not limited to, housing overlay zones, specific plans, inclusionary zoning ordinances, and density bonus ordinances. (3) “Local agency” means a city, county, or city and county, whether general law or chartered. (j) A local agency may adopt an ordinance to implement the provisions of this section. An ordinance adopted to implement this section shall not be considered a project under Division 13 (commencing with Section 21000) of the Public Resources Code.
(k) Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code), except that the local agency shall not be required to hold public hearings for coastal development permit applications for a housing development pursuant to this section.
169
52 Section 66411.7 is added to the Government Code, to read:
66411.7. (a) Notwithstanding any other provision of this division and any local law, a local agency shall ministerially approve, as set forth in this section, a parcel map for an urban lot split only if the local agency determines that the parcel map for the urban lot split meets all the following requirements:
(1) The parcel map subdivides an existing parcel to create no more than two new parcels of approximately equal lot area provided that one parcel shall not be smaller than 40 percent of the lot area of the original parcel proposed for subdivision.
(2) (A) Except as provided in subparagraph (B), both newly created parcels are no smaller than 1,200 square feet. (B) A local agency may by ordinance adopt a smaller minimum lot size subject to ministerial approval under this subdivision.
(3) The parcel being subdivided meets all the following requirements:
(A) The parcel is located within a single-family residential zone. (B) The parcel subject to the proposed urban lot split is located within a city, the boundaries of which include some portion of either an urbanized area or urban cluster, as designated by the United States Census Bureau, or, for unincorporated areas, a legal parcel wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau.
(C) The parcel satisfies the requirements specified in subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a) of Section 65913.4.
(D) The proposed urban lot split would not require demolition or alteration of any of the following types of housing: (i) Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income. (ii) Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power. (iii) A parcel or parcels on which an owner of residential real property has exercised the owner’s rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application.
(iv) Housing that has been occupied by a tenant in the last three years. (E) The parcel is not located within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance.
(F) The parcel has not been established through prior exercise of an urban lot split as provided for in this section. (G) Neither the owner of the parcel being subdivided nor any person acting in concert with the owner has previously subdivided an adjacent parcel using an urban lot split as provided for in this section.
(b) An application for a parcel map for an urban lot split shall be approved in accordance with the following requirements:
(1) A local agency shall approve or deny an application for a parcel map for an urban lot split ministerially without discretionary review.
(2) A local agency shall approve an urban lot split only if it conforms to all applicable objective requirements of the Subdivision Map Act (Division 2 (commencing with Section 66410)), except as otherwise expressly provided in this section.
(3) Notwithstanding Section 66411.1, a local agency shall not impose regulations that require dedications of rights-of-way or the construction of offsite improvements for the parcels being created as a condition of issuing a parcel map for an urban lot split pursuant to this section. 170
53 (c) (1) Except as provided in paragraph (2), notwithstanding any local law, a local agency may impose objective zoning standards, objective subdivision standards, and objective design review standards applicable to a parcel created by an urban lot split that do not conflict with this section. (2) A local agency shall not impose objective zoning standards, objective subdivision standards, and objective design review standards that would have the effect of physically precluding the construction of two units on either of the resulting parcels or that would result in a unit size of less than 800 square feet.
(3) (A) Notwithstanding paragraph (2), no setback shall be required for an existing structure or a structure constructed in the same location and to the same dimensions as an existing structure. (B) Notwithstanding paragraph (2), in all other circumstances not described in subparagraph (A), a local agency may require a setback of up to four feet from the side and rear lot lines. (d) Notwithstanding subdivision (a), a local agency may deny an urban lot split if the building official makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.
(e) In addition to any conditions established in accordance with this section, a local agency may require any of the following conditions when considering an application for a parcel map for an urban lot split:
(1) Easements required for the provision of public services and facilities. (2) A requirement that the parcels have access to, provide access to, or adjoin the public right-of- way. (3) Off-street parking of up to one space per unit, except that a local agency shall not impose parking requirements in either of the following instances:
(A) The parcel is located within one-half mile walking distance of either a high-quality transit corridor as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop as defined in Section 21064.3 of the Public Resources Code. (B) There is a car share vehicle located within one block of the parcel. (f) A local agency shall require that the uses allowed on a lot created by this section be limited to residential uses. (g) (1) A local agency shall require an applicant for an urban lot split to sign an affidavit stating that the applicant intends to occupy one of the housing units as their principal residence for a minimum of three years from the date of the approval of the urban lot split. (2) This subdivision shall not apply to an applicant that is a “community land trust,” as defined in clause (ii) of subparagraph (C) of paragraph (11) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code, or is a “qualified nonprofit corporation” as described in Section 214.15 of the Revenue and Taxation Code.
(3) A local agency shall not impose additional owner occupancy standards, other than provided for in this subdivision, on an urban lot split pursuant to this section. (h) A local agency shall require that a rental of any unit created pursuant to this section be for a term longer than 30 days.
(i) A local agency shall not require, as a condition for ministerial approval of a parcel map application for the creation of an urban lot split, the correction of nonconforming zoning conditions. (j) (1) Notwithstanding any provision of Section 65852.2, 65852.21, 65852.22, 65915, or this section, a local agency shall not be required to permit more than two units on a parcel created through the exercise of the authority contained within this section. (2) For the purposes of this section, “unit” means any dwelling unit, including, but not limited to, a unit or units created pursuant to Section 65852.21, a primary dwelling, an accessory dwelling unit as defined in Section 65852.2, or a junior accessory dwelling unit as defined in Section 65852.22. 171
54 (k) Notwithstanding paragraph (3) of subdivision (c), an application shall not be rejected solely because it proposes adjacent or connected structures provided that the structures meet building code safety standards and are sufficient to allow separate conveyance. (l) Local agencies shall include the number of applications for parcel maps for urban lot splits pursuant to this section in the annual housing element report as required by subparagraph (I) of paragraph (2) of subdivision (a) of Section 65400.
(m) For purposes of this section, both of the following shall apply:
(1) “Objective zoning standards,” “objective subdivision standards,” and “objective design review standards” mean standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal. These standards may be embodied in alternative objective land use specifications adopted by a local agency, and may include, but are not limited to, housing overlay zones, specific plans, inclusionary zoning ordinances, and density bonus ordinances. (2) “Local agency” means a city, county, or city and county, whether general law or chartered. (n) A local agency may adopt an ordinance to implement the provisions of this section. An ordinance adopted to implement this section shall not be considered a project under Division 13 (commencing with Section 21000) of the Public Resources Code. (o) Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code), except that the local agency shall not be required to hold public hearings for coastal development permit applications for urban lot splits pursuant to this section.
172
55 Attachment 2: ADU Resources
ACCESSORY DWELLING UNITS: CASE STUDY
By the United States Department of Housing and Urban Development, Office of Policy Development and Research. (2008)
Introduction: Accessory dwelling units (ADUs) — also referred to as accessory apartments, ADUs, or granny flats— are additional living quarters on single-family lots that are independent of the primary dwelling unit. The separate living spaces are equipped with kitchen and bathroom facilities and can be either attached or detached from the main residence. This case study explores how the adoption of ordinances, with reduced regulatory restrictions to encourage ADUs, can be advantageous for communities. Following an explanation of the various types of ADUs and their benefits, this case study provides examples of municipalities with successful ADU legislation and programs. Section titles include: History of ADUs; Types of Accessory Dwelling Units; Benefits of Accessory Dwelling Units; and Examples of ADU Ordinances and Programs.
ADU UPDATE: EARLY LESSONS AND IMPACTS OF CALIFORNIA’S STATE AND LOCAL
POLICY CHANGES
By David Garcia (2017)
Terner Center for Housing and Innovation, UC Berkeley
As California’s housing crisis deepens, innovative strategies for creating new housing units for all income levels are needed. One such strategy is building Accessory Dwelling Units (ADUs) by private homeowners. While large scale construction of new market rate and affordable homes is needed to alleviate demand-driven rent increases and displacement pressures, ADUs present a unique opportunity for individual homeowners to create more housing as well. In particular, ADUs can increase the supply of housing in areas where there are fewer opportunities for larger-scale developments, such as neighborhoods that are predominantly zoned for and occupied by single-family homes.
In two of California’s major metropolitan areas -- Los Angeles and San Francisco -- well over three quarters of the total land area is comprised of neighborhoods where single-family homes make up at least 60 percent of the community’s housing stock. Across the state, single-family detached units make up 56.4 percent of the overall housing stock. Given their prevalence in the state’s residential land use patterns, increasing the number of single- family homes that have an ADU could contribute meaningfully to California’s housing shortage.
ACCESSORY DWELLING UNITS AS LOW-INCOME HOUSING: CALIFORNIA’ FAUSTIAN
BARGAIN
By Darrel Ramsey-Musolf (2018)
University of Massachusetts Amherst, ScholarWorks@UMass Amherst
173
56 In 2003, California allowed cities to count accessory dwelling units (ADU) towards low- income housing needs. Unless a city’s zoning code regulates the ADU’s maximum rent, occupancy income, and/or effective period, then the city may be unable to enforce low- income occupancy. After examining a stratified random sample of 57 low-, moderate-, and high-income cities, the high-income cities must proportionately accommodate more low- income needs than low-income cities. By contrast, low-income cities must quantitatively accommodate three times the low- income needs of high-income cities. The sample counted 750 potential ADUs as low-income housing. Even though 759 were constructed, no units were identified as available low-income housing. In addition, none of the cities’ zoning codes enforced low-income occupancy. Inferential tests determined that cities with colleges and high incomes were more probable to count ADUs towards overall and low-income housing needs. Furthermore, a city’s count of potential ADUs and cities with high proportions of renters maintained positive associations with ADU production, whereas a city’s density and prior compliance with state housing laws maintained negative associations. In summary, ADUs did increase local housing inventory and potential ADUs were positively associated with ADU production, but ADUs as low-income housing remained a paper calculation.
IMPLEMENTING THE BACKYARD REVOLUTION: PERSPECTIVES OF CALIFORNIA’S ADU OWNERS (2022)
By Karen Chapple, Dori Ganetsos, and Emmanuel Lopez (2022) UC Berkeley Center for Community Innovation
The report presents the findings from the first-ever statewide ADU owner survey in California.
JUMPSTARTING THE MARKET FOR ACCESSORY DWELLING UNITS: LESSONS
LEARNED FROM PORTLAND, SEATTLE AND VANCOUVER
By Karen Chapple et al (2017)
Terner Center for Housing and Innovation, UC Berkeley
Despite government attempts to reduce barriers, a widespread surge of ADU construction has not materialized. The ADU market remains stalled. To find out why, this study looks at three cities in the Pacific Northwest of the United States and Canada that have seen a spike in construction in recent years: Portland, Seattle, and Vancouver. Each city has adopted a set of zoning reforms, sometimes in combination with financial incentives and outreach programs, to spur ADU construction. Due to these changes, as well as the acceleration of the housing crisis in each city, ADUs have begun blossoming.
THE MACRO VIEW ON MICRO UNITS
By Bill Whitlow, et al. – Urban Land Institute
(2014) Library Call #: H43 4.21 M33 2014
174
57 The Urban Land Institute Multifamily Housing Councils were awarded a ULI Foundation research grant in fall 2013 to evaluate from multiple perspectives the market performance and market acceptance of micro and small units.
REACHING CALIFORNIA’S ADU POTENTIAL: PROGRESS TO DATE AND THE NEED FOR
ADU FINANCE
Karen Chapple, et al. – Terner Center (2020)
To build upon the early success of ADU legislation, the study argues that more financial tools are needed to facilitate greater ADU development amongst low to moderate income homeowners who do not have access to cash saving and cannot leverage home equity. The study recommends that the federal government create ADU-specific construction lending programs. In addition, California could lead this effort by creating a program to assist homeowners in qualifying for ADU construction loans.
RETHINKING PRIVATE ACCESSORY DWELLINGS
By William P. Macht. Urbanland online. (March 6, 2015)
Library Location: Urbanland 74 (1/2) January/February 2015, pp. 87-91.
One of the large impacts of single-use, single-family detached zoning has been to severely shrink the supply of accessory dwellings, which often were created in or near primary houses.
Detached single-family dwelling zones— the largest housing zoning category—typically preclude more than one dwelling per lot except under stringent regulation, and then only in some jurisdictions. Bureaucratically termed “accessory dwelling units” that are allowed by some jurisdictions may encompass market-derived names such as granny flats, granny cottages, mother-in-law suites, secondary suites, backyard cottages, casitas, carriage flats, sidekick houses, basement apartments, attic apartments, laneway houses, multigenerational homes, or home-within-a-home.
REGULATION ADUS IN CALIFORNIA: LOCAL APPROACHES & OUTCOMES
By Deidra Pfeiffer (May 16, 2019)
Terner Center for Housing and Innovation, UC Berkeley
Accessory dwelling units (ADU) are often mentioned as a key strategy in solving the nation’s housing problems, including housing affordability and challenges associated with aging in place. However, we know little about whether formal ADU practices—such as adopting an ordinance, establishing regulations, and permitting— contribute to these goals. This research helps to fill this gap by using data from the Terner California Residential Land Use Survey and the U.S. Census Bureau to understand the types of communities engaging in different kinds of formal ADU practices in California, and whether localities with adopted ordinances and less restrictive regulations have more frequent applications to build ADUs and increasing housing affordability and aging in place. Findings suggest that three distinct approaches to ADUs are occurring in California: 1) a more restrictive approach in disadvantaged communities of color, 2) 175
58 a moderately restrictive approach in highly advantaged, predominately White and Asian communities, and 3) a less restrictive approach in diverse and moderately advantaged communities. Communities with adopted ordinances and less restrictive regulations receive more frequent applications to build ADUs but have not yet experienced greater improvements in housing affordability and aging in place. Overall, these findings imply that 1) context-specific technical support and advocacy may be needed to help align formal ADU practices with statewide goals, and 2) ADUs should be treated as one tool among many to manage local housing problems.
SECONDARY UNITS AND URBAN INFILL: A LITERATURE REVIEW
By Jake Wegmann and Alison Nemirow (2011)
UC Berkeley: IURD
Library Call # D44 4.21 S43 2011
This literature review examines the research on both infill development in general, and secondary units in particular, with an eye towards understanding the similarities and differences between infill as it is more traditionally understood – i.e., the development or redevelopment of entire parcels of land in an already urbanized area – and the incremental type of infill that secondary unit development constitutes.
176
Item Number: 3
City Council / Board of Directors
Consent Calendar
Meeting of: August 15, 2023
Submitted By:
Joe Slegers, Building Official
Subject:
Notice of Completion - Transportation Center Re-Roof, Project CC23-063 Recommendation:
That the Honorable City Council accept as complete and approve the Notice of Completion for the Transportation Center Re-Roof, Project CC23-063, and authorize the City Manager to execute the Notice of Completion.
Fiscal Impact:
This action will result in a fiscal impact of $7,760.30. Retention in the amount of five percent was withheld from each payment application during the course of construction as per the construction agreement. The retention of $7,760.30 will be released after City Council approval and the recording of the Notice of Completion.
Funding Source Retention – ARPA – Account 277-20110-81016 – $7,760.30 The original funding source for this project was the Special Revenue Fund (Fund 470) for the Victorville Transportation Center, which would have required an interfund loan from the General Fund (Fund 100) until sufficient lease revenues were collected to repay the cost of the project. Following the original award of contract, staff determined that this project could be funded through the American Rescue Plan Act (ARPA), which eliminated the need for an interfund loan and better positioned the Special Revenue Fund to build a fund balance for future maintenance obligations of the City related to the Transportation Center. Appropriation and delegation to administer ARPA funds was previously granted to the City Manager by City Council at its July 20, 2021 meeting through Resolution No. 21-072.
3 1
9 0
Strategic Plan Goal:
Strategic Plan Goal E: Invest in Infrastructure, Strategy 1 – Implement the City’s Capital Improvement Program to meet community needs. Re-roofing the Transportation Center has helped ensure the facility remains available for use by the community.
Background:
The Facilities Division established a list of City facilities in need of roof repairs and has been making progress with restoration projects as funding permits. Restoration of the roof at the Transportation Center was identified as the next priority due to the severity of leaks and potential damage to the interior finishes. In February 2023, the City Council approved an award of contract to Rite-Way Roofing Corporation in the amount of $155,206.00, for the Transportation Center Re-Roof project. There are no change orders to report.
Discussion:
The Transportation Center Re-Roof, Project CC23-063 was completed on June 23, 2023, within the contract termination date and to the satisfaction of staff. Therefore, staff is requesting that the City Council accept the project as complete and authorize the City Manager to sign the Notice of Completion (Attachment B).
Staff is available for any questions the Council may have.
Attachments:
A. Photos
B. Notice of Completion
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7 Attachment A
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7 7
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7 1
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Attachment B
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8 RECORDING REQUESTED BY:
CITY OF VICTORVILLE
WHEN RECORDED MAIL TO:
CITY OF VICTORVILLE
ATTN: CITY CLERK
P.O. BOX 5001
VICTORVILLE, CA 92393-5001
Recording of this document is fee-exempt under Government SPACE ABOVE THIS LINE FOR RECORDER’S USE Code Section 6103. No Documentary Transfer Tax is due on the document pursuant to Revenue Taxation Code Section 11922
PUBLIC CONTRACT
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN THAT:
1. The undersigned is OWNER or agent of the OWNER of the interest or estate stated below in the property hereinafter described.
2. The FULL NAME of the OWNER is City of Victorville
3. The FULL ADDRESS of the OWNER is 14343 Civic Dr, Victorville, CA 92392 A work of improvement on the property hereinafter described was COMPLETED June 23, 2023
4. The work of improvement completed is described as follows: Transportation Center Re-Roof
5. The NAME OF THE ORIGINAL CONTRACTOR, if any, for such work of improvement Rite-Way Roof Corporation
6. The work site location is 16838 D St. Victorville, Ca 92395
7. Assessor’s Parcel Numbers: 0478-161-06
8. The property on which said work of improvement was completed is in the City of VICTORVILLE, County of SAN BERNARDINO, State of CALIFORNIA.
Verification of NON-INDIVIDUAL owner: I, Keith C. Metzler, the undersigned, declare under penalty of perjury under the laws of the State of California that I am the City Manager of the aforesaid interest or estate in the property described in the above notice; that I have read said notice, that I know and understand the contents thereof, and that the facts stated therein are true and correct.
at Victorville, California _____________________________ Date Keith C. Metzler,
City Manager
City of Victorville
Item Number: 4
City Council / Board of Directors
Consent Calendar
Meeting of: August 15, 2023
Submitted By:
Brian Gengler, City Engineer
Subject:
Notice of Completion - Old Town Sidewalk Connectivity Project - Phase 1 Recommendation:
That the Honorable City Council accept as complete and approve the Notice of Completion for the Old Town Sidewalk Connectivity Project - Phase 1 and authorize the City Manager to execute the Notice of Completion.
Fiscal Impact:
There is no fiscal impact associated with this item. Retention in the amount of five percent was withheld from each pay estimate during construction. Retention will be released after City Council approval and the recordation of the Notice of Completion. The retention account numbers, account description, and amounts withheld are shown in the table below:
Budget Account
No. Fund Amount
250-20110-60134 Measure I $20,918.73
233-20110-60134 TDA Article 3 $12,200.00
Total $33,118.73
TDA Article 3 refers to a Transportation Development Act grant in the amount of $244,000.00 which has partially funded this project.
Strategic Plan Goal:
This project aligns with Goal E, Strategy 1 in the Strategic Plan, “Invest in Infrastructure” and “Implement the City’s Capital Improvement Program to meet community needs” by providing sidewalk improvements that improve accessibility and mobility in Old Town Victorville.
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Background:
On December 6, 2022, the City Council awarded a construction contract to LCR Earthwork & Engineering, Corp., in the amount of $775,879.00. The contract was awarded for infrastructure improvements which included the construction of new sidewalks, curb ramps, and drive approaches in Old Town Victorville. The work further included replacement of non-compliant curb ramps and drive approaches to meet American Disabilities Act requirements. The completed work added these improvements at thirteen locations on the following streets: Forrest Ave; “A” Street, “B” Street; “C” Street; 2nd Street; 4th Street; 5th Street; and Hesperia Road. Please see to Attachment A, a map of the project locations.
Discussion:
The project was completed at a final contract price of $662,374.60. The final inspection occurred on June 16, 2023, when the project was substantially completed. The one-year warranty on the improvements began the date the work was accepted as substantially complete. Per California Public Contract Code § 7107(c), within 60 days after the recordation of the Notice of Completion, the City can release the final retention monies withheld on this project, provided there are no claims or unreleased liens against the contract.
Staff recommends that the City Council accept as complete and approve the Notice of Completion for Old Town Sidewalk Connectivity Project - Phase 1.
Staff is available to answer any questions the Council may have.
Attachments: A. Location Map
B. Notice of Completion
ATTACHMENT A
ATTACHMENT B
RECORDING REQUESTED BY:
CI
TY OF VICTORVILLE
W
HEN RECORDED MAIL TO:
CI
TY OF VICTORVILLE
ATTN: CITY CLERK
P.O. BOX 5001
VICTORVILLE, CA 92393-5001
Recording of this document is fee-exempt under Government SPACE ABOVE THIS LINE FOR RECORDER’S USE Code Section 6103. No Documentary Transfer Tax is due on the document pursuant to Revenue Taxation Code Section 11922
PUBLIC CONTRACT
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN THAT:
1. T
he undersigned is OWNER or agent of the OWNER of the interest or estate stated below in the property hereinafter described.
2. The FULL NAME of the OWNER is CITY OF VICTORVILLE
3. The FULL ADDRESS of the OWNER is 14343 CIVIC DRIVE, VICTORVILLE, CA 92392 A work of improvement on the property hereinafter described was COMPLETED JUNE 16, 2023
4. The work of improvement completed is described as follows:
OLD TOWN SIDEWALK CONNECTIVITY PROJECT – PHASE 1
5. The NAME OF THE ORIGINAL CONTRACTOR, if any, for such work of improvement is:
L
CR EARTHWORK & ENGINEERING, CORP.
6. The street address of said property is MULTIPLE LOCATIONS IN OLD TOWN VICTORVILLE
7. Assessor’s Parcel Number: N/A
8. The property on which said work of improvement was completed is in the City of VICTORVILLE, County of SAN BERNARDINO, State of CALIFORNIA.
Verification of NON-INDIVIDUAL owner: I, Keith C. Metzler, the undersigned, declare under penalty of perjury under the laws of the State of California that I am the City Manager of the aforesaid interest or estate in the property described in the above notice; that I have read said notice, that I know and understand the contents thereof, and that the facts stated therein are true and correct.
at
Victorville, California.
Date Keith C. Metzler, City Manager
CITY OF VICTORVILLE
Item Number: 5
City Council / Board of Directors
Consent Calendar
Meeting of: August 15, 2023
Submitted By:
Jorge Duran, Code Enforcement Official
Subject:
Fiscal Year 2023/2024 Budget Amendment - Prevention of Animal Homelessness and Cruelty Grant
Recommendation:
That the Honorable City Council approve a budget amendment for Fiscal Year 2023/2024 for $15,000.00 of both revenue and expenditures related to the Prevention of Animal Homelessness and Cruelty Grant awarded by the California Department of Food and Agriculture.
Fiscal Impact:
Adopting Resolution No. 23-062 (Attachment A) will result in additional revenue and expenditures in the amount of $15,000.00. These funds will be allocated as follows:
Account Amount
2705020 43110 45019 $15,000.00
2705020 52300 45019 $15,000.00
Strategic Plan Goal:
The Prevention of Animal Homelessness and Cruelty grant award supports the City of Victorville Strategic Plan 2020-2023 in relation to Goal A (Financial Sustainability), Goal B (Public Safety) and Goal F (Communication and Outreach) by further supporting our community through the control of the City's pet population and increasing available funding for added spay and neuter services for our residents.
Background:
On March 2023, the Animal Care and Control Division applied for a Prevention of Animal Homelessness and Cruelty grant (Attachment B). On April 14, 2023, staff received notification that the City had been awarded $15,000.00 under the program from the California Department of Food and Agriculture and a check in the same amount was 3 2
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received approximately 60 days later (Attachment C). The grant provides supplemental funding to existing low-cost spay and neuter services available to City of Victorville residents.
Discussion:
The California Department of Food and Agriculture offers grant funding to California counties and cities to supplement existing low-cost spay and neuter services made available to residents. The City is one of only 15 cities and counties to receive a grant award under this program from the California Department of Food and Agriculture for program year 2023 (Attachment D).
The City’s goal in utilizing the grant funding is to spay and neuter up to 240 additional dogs or cats, including those animals sheltered at our interim homeless shelter. In Fiscal Year 2023/2024, the City’s Animal Care and Control Division budgeted $30,000.00 to support low-cost spay and neuter services to residents and their licensed animals. The Animal Care and Control Division has coordinated with a local veterinarian to offer spay and neuter services to city residents under this grant.
Staff recommends that the City Council adopt Resolution No. 23-062, approving a budget amendment for Fiscal Year 2023/2024 to appropriate $15,000.00 in both revenue and expenditures related to the low-cost spay and neuter services under the Prevention of Animal Homelessness and Cruelty grant.
Attachments: A. Resolution 23-062
B. Grant Application
C. Award Notice & Check Stub
D. 2023 Grant Recipients
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5 ATTACHMENT A
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5 RESOLUTION NO. 23-062
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VICTORVILLE AMENDING THE ANNUAL BUDGET FOR FISCAL YEAR 2023-2024; APPROVING AN
ADDITIONAL APPROPRIATION FOR THE PREVENTION OF ANIMAL
HOMELESSNESS AND CRUELTY GRANT
WHEREAS, the City Manager of the City of Victorville did heretofore submit to the City Council an estimate of the expenditures and revenues of the City departments and offices, together with a proposed budget for the fiscal year 2023-2024; and WHEREAS, copies of said budget were prepared and distributed to the City Council, approved by the City Council prior to June 30, 2023 and have been available for the inspection by the public in the office of the City Clerk of the City of Victorville; and WHEREAS, after preparation of the budget, a need to amend the budget is being recommended to the Council for approval; and
WHEREAS, the City Manager or his designee will provide all necessary justification for the budget amendment as an attachment to this resolution or in the associated City Council agenda report.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF VICTORVILLE DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. That the annual budget for the fiscal year 2023-2024 for the City of Victorville be hereby amended to reflect a change in the amounts and associated accounts listed below and as described in the corresponding Agenda Item.
Account Amount Adjusted
2705020 43110 45019 (Revenue) $15,000.00
2705020 52300 45019 (Expense) $15,000.00
SECTION 2. That copies of such amended budget, certified by the City Clerk, shall be filed with the auditors of the City of Victorville and in the office of the City Clerk for public inspection and certified copies thereof shall be made available for use by City departments, offices and subsidiary districts of the City.
SECTION 3. This Resolution shall take effect immediately upon its adoption.
Item Number: 6
City Council / Board of Directors
Consent Calendar
Meeting of: August 15, 2023
Submitted By:
Sophie L. Smith, Deputy City Manager / City Treasurer
Subject:
Commercial Demand Schedule No. 1
Recommendation:
That the City Council and Board of Directors ratify Commercial Demand Schedule No. 1 in the amount of $34,250,951.38, covering Electronic Fund Transfers No. 335315 through 335729 and Warrant No. 790977 through 791344 for 06/23/2023 through 07/20/2023 and Wire Transfer dated 07/20/2023, per the adopted budget for Fiscal Year 2022-2023 for the period covering July 1, 2022 through June 30, 2023 and Fiscal Year 2023-2024 for the period covering July 1, 2023 through June 30, 2024.
Fiscal Impact:
The total fiscal impact for FY22-23 in the amount of $27,122,876.58 and total fiscal impact for FY23-24 in the amount of $7,128,074.80 is authorized with this action. The attached report details the total funds paid to vendors.
Background:
Pursuant to the City’s Municipal Code (2.24.080) the attached demands were presented by the departments, audited by the Finance Department and subsequent warrants/wire transfers were issued. All were found to be in conformity to City policies and procedures and funds were budgeted or available to pay said demands. List of commercial warrants and wire transfers are now being presented to Council for approval.
Attachments: A. Commercial Demand Schedule No. 1 Check Register Summary ATTACHMENT A:
Commercial Demand Schedule No. 1 Check Register Summary
CITY OF VICTORVILLE
Report generated: 07/20/2023 07:39 Page 1User:
Program ID:
emesa
apchkrcn
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE
AP CHECK RECONCILIATION REGISTER
FOR CASH ACCOUNT: 000 11100 FOR: Uncleared
335315 06/28/2023 EFT 010063 10-8 RETROFIT, INC. 4,713.07 335316 06/28/2023 EFT 008243 4IMPRINT, INC 628.99
335317 06/28/2023 EFT 016204 4LEAF, INC. 38,428.49
335318 06/28/2023 EFT 000004 LITTLEFIELD, DAVID S. 300.00 335319 06/28/2023 EFT 019621 AGA ENGINEERS, INC. 18,677.50 335320 06/28/2023 EFT 006716 AIRGAS USA, LLC 34.90
335321 06/28/2023 EFT 021410 ALERT-ALL CORPORATION 1,348.50 335322 06/28/2023 EFT 001646 ALLSTAR FIRE EQUIPMENT 1,851.77 335323 06/28/2023 EFT 000144 AMERICAN GREEN DEVELOPERS 24,553.00 335324 06/28/2023 EFT 002921 AMERICAN LANDSCAPE AND MA 72,782.08 335325 06/28/2023 EFT 014085 ANGELES CONTRACTOR, INC 2,598,008.08 335326 06/28/2023 EFT 000165 ANIMAL EMERGENCY CLINIC 94.00 335328 06/28/2023 EFT 007650 BAKER & TAYLOR, INC. 311.37 335329 06/28/2023 EFT 000297 BECK OIL, INC. 13,915.39
335330 06/28/2023 EFT 015877 BOOT BARN, INC. 2,401.61
335331 06/28/2023 EFT 010986 BRAUN BLAISING SMITH WYNN 6,200.60 335332 06/28/2023 EFT 022096 CALI AUTO GLASS 250.00
335333 06/28/2023 EFT 002720 CALIFORNIA TOOL & WELDING 52.10 335334 06/28/2023 EFT 014820 CAL-STATE AUTO PARTS 556.08 335336 06/28/2023 EFT 022190 CARTER, MEGEAN 120.00
335337 06/28/2023 EFT 016335 CHARTER COMMUNICATION HOL 2,375.00 335338 06/28/2023 EFT 027067 COMPASS PEST MANAGEMENT I 112.00 335339 06/28/2023 EFT 015486 CONSOLIDATED ELECTRICAL D 1,535.95 335340 06/28/2023 EFT 021826 CONSTELLATION ENERGY CORP 247,784.00 335342 06/28/2023 EFT 029743 COUNTS UNLIMITED, INC. 455.00 335343 06/28/2023 EFT 000760 DESERT SERVICE STATION MA 520.81 335344 06/28/2023 EFT 022345 DIAMOND ENVIRONMENTAL SER 109.29 335345 06/28/2023 EFT 005295 DOKKEN ENGINEERING 2,845.06 335346 06/28/2023 EFT 009691 BOB FAMILY ENTERPRISES, I 107.95 335347 06/28/2023 EFT 021797 EBERHARD EQUIPMENT 1,344.22 335348 06/28/2023 EFT 019731 EL DORADO BROADCASTERS LL 1,144.00 335349 06/28/2023 EFT 000875 ENDURA STEEL, INC. 129.78
335350 06/28/2023 EFT 010860 ESTRADA, MIGUEL A. 14,300.00 335351 06/28/2023 EFT 017560 FERGUSON ENTERPRISES, LLC 126.85 335352 06/28/2023 EFT 017560 FERGUSON WATERWORKS 6,281.76 335353 06/28/2023 EFT 016767 KALMIKOV ENTERPRISES, INC 1,005.30 335354 06/28/2023 EFT 016263 AFECO, INC 793.88
335355 06/28/2023 EFT 011206 FLYERS ENERGY LLC 3,308.44 335356 06/28/2023 EFT 016134 FRONTIER COMMUNICATIONS C 208.32 335357 06/28/2023 EFT 003960 CENGAGE LEARNING, INC. 247.63 335358 06/28/2023 EFT 001015 GALLS PARENT HOLDINGS, LL 17,376.50 335359 06/28/2023 EFT 001740 G.A. OSBORNE PIPE-SUPPLY 2,201.78 335360 06/28/2023 EFT 001076 GRAINGER 906.40
335361 06/28/2023 EFT 001104 HAAKER EQUIPMENT CO. 670.40 335362 06/28/2023 EFT 021166 HARKEY, DAWN MARIE 150.00
335364 06/28/2023 EFT 002809 HIGH DESERT HOMELESS SERV 113,980.44 335365 06/28/2023 EFT 028225 HESPERIA OUTDOOR POWER EQ 156.93 335366 06/28/2023 EFT 000278 HI DESERT ALARM 345.30
335367 06/28/2023 EFT 018048 INDUSTRIAL CLERICAL RECRU 5,211.01 335368 06/28/2023 EFT 024922 INFOSEND, INC 120.80
335369 06/28/2023 EFT 001282 INLAND KENWORTH, INC. 2,863.01 335370 06/28/2023 EFT 016775 INTERWEST CONSULTING GROU 937.50
CITY OF VICTORVILLE
Report generated: 07/20/2023 07:39 Page 2User:
Program ID:
emesa
apchkrcn
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE
AP CHECK RECONCILIATION REGISTER
FOR CASH ACCOUNT: 000 11100 FOR: Uncleared
335371 06/28/2023 EFT 001059 JOE A. GONSALVES & SON 3,000.00 335372 06/28/2023 EFT 000094 KIMBALL MIDWEST 120.54
335373 06/28/2023 EFT 010101 LECTORUM PUBLICATIONS, IN 60.03 335374 06/28/2023 EFT 004986 LESLIE'S SWIMMING POOL SU 324.04 335375 06/28/2023 EFT 020477 LIFE-ASSIST, INC. 372.90
335376 06/28/2023 EFT 021820 LSA ASSOCIATES INC. 1,031.25 335377 06/28/2023 EFT 014157 MERRIMAC ENERGY GROUP 28,430.67 335378 06/28/2023 EFT 022565 MIDWEST TAPE, LLC 11,876.08 335379 06/28/2023 EFT 001592 MOBILE OCCUPATIONAL SERVI 655.00 335380 06/28/2023 EFT 019967 MOJAVE AUTO COLLISION 85,641.16 335381 06/28/2023 EFT 017743 PULICE, SAMUEL A. 50.32
335382 06/28/2023 EFT 001599 MOJAVE DESERT AQMD 4,868.31 335383 06/28/2023 EFT 016352 MONTGOMERY, ROGER 175.00
335384 06/28/2023 EFT 009644 NORTHERN SAFETY COMPANY I 83.63 335385 06/28/2023 EFT 017861 NYCANCO EMS PRODUCTS, INC 840.29 335386 06/28/2023 EFT 010100 OPEN GOV, INC. 1,950.00
335387 06/28/2023 EFT 028213 O'REILLY AUTO PARTS 7,607.06 335388 06/28/2023 EFT 019735 PACIFIC UTILITY INSTALLAT 109,250.00 335389 06/28/2023 EFT 001789 PARKHOUSE TIRE, INC. 782.68 335390 06/28/2023 EFT 018519 PARSONS TRANSPORTATION GR 222,663.05 335391 06/28/2023 EFT 017735 PATTERSON, PATRICK 776.88
335392 06/28/2023 EFT 022232 PERMA-BOUND BOOKS 664.81
335393 06/28/2023 EFT 013165 PETE'S ROAD SERVICE 2,292.01 335394 06/28/2023 EFT 001886 PRUDENTIAL OVERALL SUPPLY 1,042.19 335395 06/28/2023 EFT 000319 R&R INDUSTRIES, INC. 1,307.03 335396 06/28/2023 EFT 016281 REA'S AUTOMOTIVE INC. 3,699.38 335397 06/28/2023 EFT 013661 REBEL OIL COMPANY 1,896.52 335398 06/28/2023 EFT 024930 REFRIGERATION SUPPLIES DI 126.27 335399 06/28/2023 EFT 022187 RENSULAT, SHAMICAH 168.00
335400 06/28/2023 EFT 021385 ROMTEC UTILITIES, INC. 86,552.22 335401 06/28/2023 EFT 002017 SAFEWAY SIGN CO. 6,678.34
335402 06/28/2023 EFT 002037 SAN BERNARDINO COUNTY 10,755,259.32 335404 06/28/2023 EFT 013743 SOUTHWEST LIFT & EQUIPMEN 1,336.99 335405 06/28/2023 EFT 022296 STATE INDUSTRIAL PRODUCTS 1,356.33 335406 06/28/2023 EFT 022144 STIGER, KIARA 100.00
335407 06/28/2023 EFT 012798 PRO SALES GROUP 1,757.94
335408 06/28/2023 EFT 019341 MARTIN, ARMANDO JR. 2,000.00 335409 06/28/2023 EFT 017269 TOWN & COUNTRY TIRE INC 964.64 335410 06/28/2023 EFT 020979 TR DESIGN GROUP, INC. 34,874.33 335411 06/28/2023 EFT 001169 AUTO PARTS DIRECT LLC 25.99 335412 06/28/2023 EFT 014536 UNITED SITE SERVICES OF C 589.50 335413 06/28/2023 EFT 000095 UNIVAR SOLUTIONS USA INC. 8,328.47 335414 06/28/2023 EFT 015004 U.S. DEPARTMENT OF ENERGY 6,253.04 335415 06/28/2023 EFT 013356 VALLEYWIDE NEWSPAPERS LLC 63.00 335416 06/28/2023 EFT 015079 VERIZON WIRELESS SERVICES 2,643.92 335417 06/28/2023 EFT 008430 CALMAT COMPANY 1,398.44
335418 06/28/2023 EFT 002498 VICTOR VALLEY WASTEWATER 1,055,962.60 335419 06/28/2023 EFT 011361 WALTERS WHOLESALE ELECTRI 35.58 335420 06/28/2023 EFT 006861 WATER SYSTEMS CONSULTING, 13,375.00 335421 06/28/2023 EFT 002554 WAXIE SANITARY SUPPLY 301.70 335422 06/28/2023 EFT 005698 WEST COAST ARBORISTS INC. 1,439.90 335423 06/28/2023 EFT 009637 WSP USA, INC. 7,766.25