Agenda packet — Yountville City Council, January 3, 2023 (part 1 of 3)

Town of Yountville
6550 Yount Street
Yountville, CA 94599
Meeting Packet
Tuesday, January 3, 2023
3:00 PM
Town Hall Council Chambers
Town Council
Mayor Margie Mohler
Vice Mayor Eric Knight
Council Member Hillery Trippe
Council Member Robin McKeeCant
The Town of Yountville is committed to complying with the Americans with Disabilities Act (ADA) and other similar federal and state laws in all respects. If, as an attendee or participant in this meeting, or in meetings on a regular basis, you will need special assistance beyond what is provided, the Town will provide reasonable accommodations for you. Individuals who need auxiliary aids or services for effective communication or participation in programs and services of the Town of Yountville are invited to make their needs and preferences known by contacting the Town Clerk at (707) 9448851 at least 72 hours prior to the meeting. This notice is available in accessible alternate formats from the ADA Coordinator.

MEETING SCHEDULE AND HOW TO VIEW AGENDA
Meeting Schedule and Location: The Town Council meets on the first and third Tuesday of the month at 3:00 p.m. and only meets the first Tuesday during the months of August and December at 3:00 p.m. in Town Council Chambers, located at 6550 Yount Street, Yountville, California, 94599.

How to View the Agenda: The Agenda and associated staff reports may be viewed online by visiting the Town’s website at Town Clerk at (707) 9448851 at least 72 hours prior to the meeting. This notice is available in accessible alternate formats from the ADA Coordinator.

How to View the Agenda: The Agenda and associated staff reports may be viewed online by visiting the Town’s website at www.townofyountville.com/meetings and clicking on HTML Agenda.

How to Watch the Meeting: The Town Council and other Town Bodies’ meetings can be watched live two different ways:

Via the Town’s Streaming Media Player at www.townofyountville.com/livevideo.

On local cable TV Channel 28.

PROVIDING PUBLIC COMMENT
Members of the public are welcome to attend the Town Council meetings to provide public comment in person or online via the following means:

Via email – Members of the public may submit public comments via the Town’s public comment email address [email protected]. Please, include in the subject line “COMMENT TO COUNCIL”.

Via the online agenda listing – Members of the public can submit public comments via the “Speech Bubble” feature with all electronic agendas. To provide public comment through this feature, please visit www.townofyountville.com/meetings and click on the speech bubble icon found under the Options column for the desired meeting you want to leave a public comment. When leaving a public comment through this feature, please make sure to click “Next” after typing your comment. You will be prompted to enter your name and will need to click “Next” again for the comment to be fully submitted.

Any written testimony submitted will be provided to the Council Members electronically, may be read into the record and will become part of the meeting archive.

HOW TO APPEAL
A person who is dissatisfied with a decision of the Town Council may have the right to a review of the decision by a Court.

California Code of Civil Procedure Section 1094.5 and 1094.6 generally limits the time within which a decision of the Town Council may be judicially challenged. If a person challenges a decision in Court, he or she may be limited to raising only those issues raised at the Public Meeting described in this notice, or in written correspondence delivered to the Town Council at, or before, the Public Meeting.

1. CALL TO ORDER; CONVENE REGULAR MEETING 3:00 P.M.

2. ROLL CALL

3. PLEDGE OF ALLEGIANCE

4. ADOPTION OF AGENDA

5. PROCLAMATIONS AND RECOGNITIONS NONE

6. PUBLIC COMMENT ON MATTERS NOT LISTED ON THE AGENDA
Members of the public are entitled to speak for 3minutes per speaker on matters of municipal concern not on the agenda, during consideration of that portion of the meeting agenda entitled “Public Comment” when that item is called by the Mayor.

However, the Mayor has the discretion to limit speaking time when it is reasonable under the circumstances, including when there are many items on the agenda or a high volume of members of the public who intend to speak. The Mayor also has the discretion to extend the time to speak. The Mayor shall limit or extend speaking time in a consistent manner that is not based on the content or viewpoint of the speech.

Members of the public may also submit Public Comment on matters not on the agenda via email at [email protected] or utilizing the Speech Bubble feature included with the electronic agenda.

The Council may; however, briefly respond to statements made or questions posed by the public, ask for clarification from staff, refer the matter to staff, request staff to report back on the matter, or request staff to place the matter on a future agenda
those issues raised at the Public Meeting described in this notice, or in written correspondence delivered to the Town Council at, or before, the Public Meeting.

1. CALL TO ORDER; CONVENE REGULAR MEETING 3:00 P.M.

2. ROLL CALL

3. PLEDGE OF ALLEGIANCE

4. ADOPTION OF AGENDA

5. PROCLAMATIONS AND RECOGNITIONS NONE

Members of the public may also submit Public Comment on matters not on the agenda via email at [email protected] or utilizing the Speech Bubble feature included with the electronic agenda.

7. CONSENT CALENDAR
A. Adopt Resolution 234170 Authorizing Continued Remote Teleconference Meetings of the Town Council and All Town Boards, Commissions, and Committees Pursuant to Government Code Section 54953(e).

B. Monthly Financial Report for November 2022
C. Approve Minutes of the regular meeting held on December 6, 2022 and the special meetings held on December 16, 2022 and December 20, 2022.

8. PRESENTATIONS
A. PG&E Report on South Yountville Power Outages – Mark Van Gorder

9. PUBLIC HEARINGS
A. Introduce and waive first reading of Ordinance Number 23517 an Ordinance of the Town Council of the Town of Yountville Amending Chapter 17.156 of the Yountville Municipal Code Regarding Accessory Dwelling Units.

B. Consider Adoption of Resolution Number 234171 Approving a Use Permit Amendment to increase the annual number of allowed special events from 15 to 38 for Jessup Cellars located at 6720 and 6740 Washington Street (APN 036033013)

10. ADMINISTRATIVE / REGULAR ITEMS
A. Discussion and Direction to Town Staff to Submit a Letter from the Town Council to CalTrans in Support of the Napa Valley Vine Trail's Cooperative Effort to Move the "Welcome to Napa Valley Sign", currently on Robert Mondavi Winery property to Markham Vineyards property next to the Caltrans staging area west of the northerly terminus of Washington Street adjacent to Yountville.

B. Consider Approval of Resolution 234172 Awarding the contract for Town Manager Recruitment Services to Bob Murray & Associates in an amount not to exceed $35,000 and to approve allocating $35,000 from the Annual Assigned for Contingencies Budget Fund and transfer to NonDepartmental Fund 011010 contract services to cover these contract costs. 11STAFFINFORMATIONALREPORTS
B. Consider Approval of Resolution 234172 Awarding the contract for Town Manager Recruitment Services to Bob Murray & Associates in an amount not to exceed $35,000 and to approve allocating $35,000 from the Annual Assigned for Contingencies Budget Fund and transfer to NonDepartmental Fund 011010 contract services to cover these contract costs.

11. STAFF INFORMATIONAL REPORTS
A. Update Regarding Resolution No. 153285 the Town’s Approved and Adopted Americans with Disabilities Act SelfEvaluation and Transition Plan
B. Informational Report Regarding the Town of Yountville’s Utility Division, Where the Water Flows and Goes along with Background Information about the Water and Wastewater Enterprises

12. COUNCIL MEETING REPORTS, ANNOUNCEMENTS AND AGENDA ITEM REQUESTS A. Napa County Flood Control & Water Conservation District B. Napa Valley Transportation Authority (NVTA)
C. Upper Valley Waste Management Agency
D. LAFCO of Napa County
E. Watershed Information & Conservation Council
F. Climate Action Committee
G. Cal Cities Update
H. Council Ad Hoc and Standing Committee Reports
I. Council Members Announcements and Agenda Item Requests.

13. CLOSED SESSION NONE

14. ADJOURNMENT
Adjourn to the Town Council Regular Meeting Tuesday, January 17, 2023 at 3:00 p.m. being held in Town Council Chambers located at 6550 Yount St.

I certify that a copy of this Town Council Agenda was posted at a location freelyaccessible to the public at Yountville Town Hall, 6550 Yount Street within the Town of Yountville, the Friday before the meeting. /s/Hilary Gaede
Deputy Town Clerk
Town of Yountville
Staff Report
6550 Yount Street
Yountville, CA 94599
Agenda Item #: 7A
Yountville Town Council Staff Report
DATE: January 3, 2023
TO: Mayor and Town Council
FROM: Gary Bell, Town Attorney
PREPARED BY: Eddy Gomez, Town Clerk
SUBJECT:

Adopt Resolution 23-4170 Authorizing Continued Remote Teleconference Meetings of the Town Council and All Town Boards, Commissions, and Committees Pursuant to Government Code Section 54953(e).

DISCUSSION/BACKGROUND
The Legislature passed and the Governor signed AB 361, which allows modified teleconferencing under the Ralph M. Brown Act (Government Code section 54950 et seq.) (the “Brown Act”) if the Town Council makes certain findings: (1) at its first meeting using these procedures, (2) not later than 30 days after that meeting, and (3) every 30 days thereafter.

At its January 11, 2022 special meeting, the Town Council for itself and other legislative bodies of the Town made the necessary findings for using these procedures. The attached Resolution makes the necessary findings not later than 30 days after that meeting.

AB 361 allows teleconferencing if certain procedures are followed including: (1) notice of the meeting must be given as otherwise required by the Brown Act, (2) members of the public must be permitted to attend and participate by call-in option and/or internet-based service option, (3) if the meeting broadcast or access to participation is disrupted (e.g., by issues with technology), the Town cannot take further action on agenda items until public access to the meeting is restored, (4) the Town cannot require public comments be submitted in advance, but may still offer this option, and real-time participation by members of the public must be allowed, (5) if the Town provides a timed public comment period for an agenda item (e.g., 20 minutes per agenda item), it cannot close public comment until that time period has concluded, and (6) if the Town does not provide a timed public comment period for each agenda item, then it must allow a reasonable amount of time for members of the public to participate.

ENVIRONMENTAL REVIEW
Not Applicable

FISCAL IMPACT
Is there a Fiscal Impact? No
Is it Currently Budgeted? N/A
Where is it Budgeted? N/A
Is it Mandatory or Discretionary? Discretionary
Is there a Staff Resource Impact? Nominal

STRATEGIC PLAN GOAL
Is item Identified in Strategic Plan? Yes
If yes, Identify Strategic Goal and Objective. Engaged Residents: The Town embraces our residents' commitment to community as seen through volunteerism, civic engagement, and public participation that enhances the quality of life in Yountville.

Briefly Explain Relationship to Strategic Plan Goal and Objective. Continuing teleconference meetings increases public participation in meetings of the Town Council and other legislative bodies of the Town and ensures greater engagement by the community.

RECOMMENDATION
Adopt Resolution 23-4170 Authorizing Continued Remote Teleconference Meetings of the Town Council and All Town Boards, Commissions, and Committees Pursuant to Government Code Section 54953(e).

Town of Yountville
Resolution Number 23-4170

AUTHORIZING CONTINUED REMOTE TELECONFERENCE MEETINGS OF THE

TOWN COUNCIL AND ALL TOWN BOARDS, COMMISSIONS, AND COMMITTEES PURSUANT TO GOVERNMENT CODE SECTION 54953(e)
Recitals
A. Government Code section 54953(e), as amended by Assembly Bill No. 361, allows legislative bodies to hold open meetings by teleconference without reference to otherwise applicable requirements in Government Code section 54953(b)(3), so long as the legislative body complies with certain requirements, there exists a declared state of emergency, and one of the following circumstances is met:

1. State or local officials have imposed or recommended measures to promote social distancing.

2. The legislative body is holding the meeting for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.

3. The legislative body has determined, by majority vote, pursuant to option 2, that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.

B. The Town Council previously adopted Resolution Number 22-4096 finding that the requisite conditions exist for the Town to conduct teleconference meetings under California Government Code section 54953(e); and
C. Government Code section 54953(e)(3) requires the legislative body adopt certain findings by majority vote within 30 days of holding a meeting by teleconference under Government Code section 54953(e), and then adopt such findings every 30 days thereafter; and D. The Town Council and all Town Boards, Commissions and Committees desire to continue holding their public meetings by teleconference consistent with Government Code section 54953(e).

Now, therefore, the Town Council of the Town of Yountville does resolve as follows:

1. The Recitals set forth above are true and correct and are incorporated into this Resolution by this reference.

2. The Town Council hereby finds and declares the following, as required by Government Code section 54953(e)(1):

Resolution Number 23-4170
A. The Town has reconsidered the circumstances of the state of emergency declared by the Governor pursuant to his authority under Government Code section 8625; and B. The state of emergency continues to directly impact the ability of members of the Town Council and all the Town’s Boards, Commissions and Committees to meet safely in person.

3. This Resolution shall take effect immediately upon its adoption.

PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Yountville, State of California, held on this 3rd day of January 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Margie Mohler, Mayor
ATTEST:

Hilary Gaede
Deputy Town Clerk
Town of Yountville
Staff Report
6550 Yount Street
Yountville, CA 94599
Agenda Item #: 7B
Yountville Town Council Staff Report
DATE: January 3, 2023
TO: Mayor and Town Council
FROM: Celia King, Finance Director
PREPARED BY: Kyle Batista, Financial Analyst
SUBJECT:

Monthly Financial Report for November 2022

DISCUSSION/BACKGROUND
Monthly financial reports are presented to provide a summary overview of revenues and expenses of the Town’s major funds: General Fund, Capital Projects Fund, Water and Wastewater Enterprise Funds.

See below for the November 2022 financial report.

November 2022 = 41.7% of the Fiscal Year
This November 2022 monthly financial report reflects Transient Occupancy Tax (TOT) collections through October 2022. TOT revenue for this fiscal year has started out strong and total collections are just ahead of the percent of budget projection.

Fines & Forfeitures revenue is related to a late penalty and interest applied to a hotel that was late in reporting TOT. Increase in Intergovernmental revenue is due to invoicing for LEAP and REAP grants that the Town has been awarded, as well as collection of Napa County Citizen’s Option for Public Safety (COPS) funding applicable through September.

Investment Earnings is faring better than expected due to the economic recovery in the second half of calendar year 2022 and has surpassed the conservative budget estimate.

General Fund department expenditures that appear to be higher than the percent of budget to date are either because of large payments that are due at the beginning of the fiscal year, such as the Public Works Government Buildings department paying for the annual liability and property insurance at the beginning of the fiscal year, or departments with programs that have higher activity towards the beginning of the year, such as the Parks & Recreation Camp Programs department paying for expenses related to Summer Camp.

Quite a few capital projects are underway, and all capital project funds are within budgeted amounts to date.

Water and Wastewater Enterprise Fund revenue show again that Interest Income is higher than originally anticipated. Enterprise Fund expenditure amounts are consistent with budget projections.

ENVIRONMENTAL REVIEW
Exempt per California Environmental Act (CEQA) Guideline, Section 15061(b)(3)

FISCAL IMPACT
Is there a Fiscal Impact? Yes
Is it Currently Budgeted? Yes
Where is it Budgeted? Various Departments
Is it Mandatory or Discretionary? Discretionary
Is there a Staff Resource Impact? Nominal

STRATEGIC PLAN GOAL
Is item Identified in Strategic Plan? Yes
If yes, Identify Strategic Goal and Objective. Responsible Fiscal Policy: The Town maintains its fiscal health through policies designed to maximize economic opportunities, manage expenses, and ensure prudent reserves.

Briefly Explain Relationship to Strategic Plan Goal and Objective. Monthly budget and actual revenue and expense reports provide timely information and financial transparency. Timely financial information can help control costs by guiding policy and spending decisions.

RECOMMENDATION
Receive and File

Town of Yountville
Staff Report
6550 Yount Street
Yountville, CA 94599
Agenda Item #: 7C
Yountville Town Council Staff Report
DATE: January 3, 2023
TO: Mayor and Town Council
FROM: Eddy Gomez, Town Clerk
PREPARED BY: Eddy Gomez, Town Clerk
SUBJECT:

Approve Minutes of the regular meeting held on December 6, 2022 and the special meetings held on December 16, 2022 and December 20, 2022.

DISCUSSION/BACKGROUND
Approve Minutes of the regular meeting held on December 6, 2022 and the special meetings held on December 16, 2022 and December 20, 2022.

ENVIRONMENTAL REVIEW
Not Applicable

FISCAL IMPACT
Is there a Fiscal Impact? No
Is it Currently Budgeted? N/A
Where is it Budgeted? N/A
Is it Mandatory or Discretionary? Mandatory
Is there a Staff Resource Impact? No

STRATEGIC PLAN GOAL
Is item Identified in Strategic Plan? Yes
If yes, Identify Strategic Goal and Objective. Visionary Leadership: The Town's leadership maintains an openminded, forward-thinking decision-making process. We value engagement and participation from all members of the community as we work together to create policies and plan for the future.

Briefly Explain Relationship to Strategic Plan Goal and Objective. Minutes are required to ensure the Legislative History of the Town Council is maintained.

RECOMMENDATION
Approve Minutes of the regular meeting held on December 6, 2022 and the special meetings held on December 16, 2022 and December 20, 2022.

Town of Yountville Town Council Regular Meeting
Minutes 12/06/2022 Page 1
Town of Yountville
6550 Yount Street
Yountville, CA 94599
Meeting Minutes – Final
Tuesday, December 6, 2022
3:00 PM
Town Hall Council Chambers
Town Council
Mayor John Dunbar
Vice Mayor Marita Dorenbecher
Council Member Margie Mohler
Council Member Eric Knight
Council Member Joe Tagliaboschi
The Town of Yountville is committed to complying with the Americans with Disabilities Act (ADA) and other similar federal and state laws in all respects. If, as an attendee or participant in this meeting, or in meetings on a regular basis, you will need special assistance beyond what is provided, the Town will provide reasonable accommodations for you. Individuals who need auxiliary aids or services for effective communication or participation in programs and services of the Town of Yountville are invited to make their needs and preferences known by contacting the Town Clerk at (707) 944-8851 at least 72 hours prior to the meeting. This notice is available in accessible alternate formats from the ADA Coordinator.

Town of Yountville Town Council Regular Meeting
Minutes 12/06/2022 Page 7

1. CALL TO ORDER; CONVENE REGULAR MEETING - 3:00 P.M.

Mayor Dunbar called the meeting at approximately 3:00 p.m.

2. ROLL CALL

Present: 5 Mayor John F. Dunbar, Vice Mayor Marita Dorenbecher, Council Member Margie Mohler, Council Member Eric Knight, Council Member Joe Tagliaboschi

3. PLEDGE OF ALLEGIANCE
The pledge of allegiance was held.

4. ADOPTION OF AGENDA
A motion was made by Council Member Knight, seconded by Council Member Mohler to Adopt the Agenda. The motion Carried by the following vote:

AYES: 5; Mayor Dunbar, Vice Mayor Dorenbecher, Council Member Mohler, Council Member Knight, Council Member Tagliaboschi
NOES: 0
ABSTAIN: 0

5. PROCLAMATIONS AND RECOGNITIONS
A. Sergeant Ryan McWilliams
Mayor Dunbar presented the Certificate of Appreciation.

B. Joe Tagliaboschi
Mayor Dunbar presented the proclamation.

C. Marita Dorenbecher
Mayor Dunbar presented the proclamation.

D. John Dunbar
Vice Mayor Dorenbecher presented the proclamation.

6. CANVASS OF ELECTION RESULTS
A. Adopt Resolution Number 22-4163 Reciting the Fact of the Consolidated General Municipal Election Held on November 8, 2022 and Declaring the Result and Such Other Matters as Provided by Law.

Eddy Gomez, Town Clerk, presented staff report.

Public Comment – None
Town of Yountville Town Council Regular Meeting
Minutes 12/06/2022 Page 7
A motion was made by Vice Mayor Dorenbecher, seconded by Council Member Knight to Adopt the Resolution. The motion Carried by the following vote:

AYES: 5; Mayor Dunbar, Vice Mayor Dorenbecher, Council Member Mohler, Council Member Knight, Council Member Tagliaboschi
NOES: 0
ABSTAIN: 0

7. ADMINISTER CEREMONIAL OATHS OF OFFICE
Eddy Gomez, Town Clerk, administered the Ceremonial Oath of office to Mayor Margie Mohler, Council Member Hillery Bolt Trippe, and Council Member Robin McKee-Cant.

8. WELCOME NEWLY ELECTED MAYOR MARJORIE MOHLER AND COUNCIL MEMBERS ROBIN

MCKEE-CANT AND HILLERY TRIPPE
Former Mayor Dunbar called for a short recess to thank outgoing Council Members Mayor Dunbar, Vice Mayor Dorenbecher and Council Member Tagliaboschi and congratulate the newly elected Mayor Mohler, Council Member Trippe and Council Member McKee-Cant.

9. APPOINT VICE MAYOR TO THE TOWN COUNCIL
A. Consider the Appointment of a Council Member to the Vice Mayor position for a two-year term.

Mayor Mohler introduced the item and stated the Council will use the current Town Council protocols to appoint a Member of the Council to the Vice Mayor seat. She opened the floor for a minute order motion.

A motion was made by Voting Member McKee-Cant, seconded by Voting Member Trippe to Appoint Council Member Knight to the Vice Mayor seat for a two-year term. The motion Carried by the following vote:

AYES: 4; Mayor Mohler, Council Member Knight, Council Member McKee-Cant, Council Member Trippe
NOES: 0
ABSTAIN: 0

10. PUBLIC COMMENT ON MATTERS NOT LISTED ON THE AGENDA
None.

11. CONSENT CALENDAR
A. Monthly Financial Report for October 2022
B. Fiscal Year 2021/2022 Year End Financial Report.

C. Adoption of Resolution 22-4164 Authorizing the Certification of the Measure T Annual Maintenance of Effort.

Town of Yountville Town Council Regular Meeting
Minutes 12/06/2022 Page 7
D. Approve Minutes of the regular meeting held on November 15, 2022.

A motion was made by Vice Mayor Knight, seconded by Voting Member Trippe to approve the Consent Calendar items. The motion Carried by the following vote:

AYES: 4; Mayor Mohler, Vice Mayor Knight, Council Member McKee-Cant, Council Member Trippe
NOES: 0
ABSTAIN: 0

12. PRESENTATIONS - NONE

13. PUBLIC HEARINGS - NONE

14. ADMINISTRATIVE / REGULAR ITEMS
A. Presentation of the Annual Comprehensive Financial Report (ACFR) for Fiscal Year Ended June 30, 2022 by Sheldon Chavan, CPA Town Auditor.

Celia King, Finance Director, introduced the item.

Sheldon Chavan, Chavan and Associates, provided the presentation.

Mayor Mohler thanked Mr. Chavan for the report. No action was taken by the Council on this item.

B. Discussion and possible direction regarding the process to fill the vacant Council seat resulting from former Council Member Margie Mohler succeeding to the Mayoral seat on December 6, 2022.

Steve Rogers, Town Manager, presented staff report.

Public Comment:

The following individual provided in-person public comment: Carol Fink.

Town Council discussed and directed staff to begin the appointment process for the vacant Council seat.

A motion was made by Council Member Trippe, seconded by Council Member McKee-Cant to begin the appointment process to fill the vacant Council Member seat. The motion Carried by the following vote:

AYES: 4; Mayor Mohler, Vice Mayor Knight, Council Member McKee-Cant, Council Member Trippe
NOES: 0
ABSTAIN: 0
C. Discussion and possible action regarding appointment of Town Council Members to various Boards, Committees, Commissions, and Ad Hoc Subcommittees, disbanding Ad Hoc Subcommittees no longer needed and establishing Standing Committees.

Town of Yountville Town Council Regular Meeting
Minutes 12/06/2022 Page 7
Eddy Gomez, Town Clerk, presented staff report.

Public Comment – None
Town Council discussed and recommended the following changes:
• Yountville Tourism Business Improvement District Local Governing Committee – Council Member McKee-Cant was appointed representative.
• Napa County City Selection Committee – Vice Mayor Knight was appointed alternate. • Napa County Flood Control and Water Conservation District Board – Council Member McKee-Cant appointed alternate.
• Napa Valley Transportation Authority – Vice Mayor Knight was appointed representative and Council Member Trippe was appointed first alternate. The second alternate position was left vacant for further consideration upon the appointment of a person to the vacant Town Council seat.
• Upper Valley Waste Management Agency – Council Member Trippe was appointed alternate.
• Watershed Information and Conservation Council – Vice Mayor Knight was appointed representative. Council Member McKee-Cant was appointed alternate. • Countywide Climate Action Committee – Council Member Trippe and Vice Mayor Knight were appointed representatives. The alternate position was left vacant for further consideration upon the appointment of a person to the vacant Town Council seat. • Association of Bay Area Governments – Council Member Trippe was appointed representative. Vice Mayor Knight was appointed alternate. • Emergency Preparedness Standing Committee – Council Member McKee-Cant was appointed as representative with currently appointed Vice Mayor Knight. • The following Ad Hoc Subcommittees were disbanded - Housing Element and Utility Rate Review.
• The following Standing Subcommittee was disbanded – Housing Standing Committee.

A motion was made by Council Member Mohler, seconded by Council Member McKee-Cant to Approve the recommended changes regarding appointments of Town Council Members and disbanding Ad Hoc and Standing Subcommittees. The motion Carried by the following vote:

AYES: 4; Mayor Mohler, Vice Mayor Knight, Council Member McKee-Cant, Council Member Trippe
NOES: 0
ABSTAIN: 0
D. Council discussion and direction regarding Town Manager recruitment process.

Steve Rogers, Town Manager, presented staff report.

Public Comment – None.

Town Council discussed and directed staff to schedule special Town Council meetings with closed sessions to review and interview potential recruitment firms for consideration.

Town of Yountville Town Council Regular Meeting
Minutes 12/06/2022 Page 7
E. Consider adoption of Resolution Number 22-4166 Approving a $15 increase to the Town of Yountville Resident Utility Rate Assistance Program from $25/month to $40/month for eligible customers, and a budget adjustment in the amount of $5,000 to support implementation as of January 1, 2023.

Celia King, Finance Director, presented staff report.

Public Comment – None.

Town Council provided a modification to staff:
• Increase the Resident Utility Rate Assistant Program by $25 for a total assistance amount of $50.

After discussion, Town Council took the following action:

A motion was made by Vice Mayor Knight, seconded by Council Member Trippe to Adopt the Resolution as modified. The motion Carried by the following vote:

AYES: 4; Mayor Mohler, Vice Mayor Knight, Council Member McKee-Cant, Council Member Trippe
NOES: 0
ABSTAIN: 0

15. STAFF INFORMATIONAL REPORTS
A. Water Conservation Update
John Ferons, Public Works Director, presented the informational report.

B. Discussion regarding Changes to the Brown Act due to Assembly Bill 2449.

Gary Bell, Town Attorney, presented the informational report.

C. Information regarding new Mayor and Council Members Orientation and Planning Retreat.

Steve Rogers, Town Manager, presented the informational report.

16. COUNCIL MEETING REPORTS, ANNOUNCEMENTS AND AGENDA ITEM REQUESTS Agendas and Minutes related to Council Members meeting attendance are maintained separately by the various meeting bodies.

A. Napa County Flood Control & Water Conservation District No report.

B. Napa Valley Transportation Authority (NVTA)
Vice Mayor Knight reported that NVTA may hold a December 18, 2022 meeting.

Town of Yountville Town Council Regular Meeting
Minutes 12/06/2022 Page 7
C. Upper Valley Waste Management Agency
No report.

D. LAFCO of Napa County
Mayor Mohler reported that LAFCO held a brief meeting with one short presentation.

E. Watershed Information & Conservation Council
No report.

F. Climate Action Committee Report
No report.

G. Cal Cities Update
No report.

H. Council Ad Hoc and Standing Committee Reports
No report.

I. Council Members Announcements, and Agenda Item Requests.

None.

17. CLOSED SESSION - NONE

18. ADJOURNMENT
A motion was made by Mayor Mohler, seconded by Council Member Trippe to Adjourn the meeting to a Special Meeting with a date to be determined in December. The motion Carried by the following vote:

AYES: 4; Mayor Mohler, Council Member Knight, Voting Member McKee-Cant, Voting Member Trippe
NOES: 0
ABSTAIN: 0
_____________________
Eddy Gomez, Town Clerk
Date Approved: January 3, 2023
Town of Yountville
6550 Yount Street
Yountville, CA 94599
Meeting Minutes – Final
Friday, December 16, 2022
1:00 PM
Town Hall Council Chambers
Town Council
Mayor Margie Mohler
Vice Mayor Eric Knight
Council Member Hillery Bolt Trippe
Council Member Robin McKeeCant
The Town of Yountville is committed to complying with the Americans with Disabilities Act (ADA) and other similar federal and state laws in all respects. If, as an attendee or participant in this meeting, or in meetings on a regular basis, you will need special assistance beyond what is provided, the Town will provide reasonable accommodations for you. Individuals who need auxiliary aids or services for effective communication or participation in programs and services of the Town of Yountville are invited to make their needs and preferences known by contacting the Town Clerk at (707) 9448851 at least 72 hours prior to the meeting. This notice is available in accessible alternate formats from the ADA Coordinator.

1. CALL TO ORDER; CONVENE SPECIAL MEETING
Mayor Mohler called the meeting to order at approximately 1:00 p.m.

2. ROLL CALL
Town of Yountville
Town Council Special Meeting
Minutes 12/16/2022

Page 1 ends

and services of the Town of Yountville are invited to make their needs and preferences known by contacting the Town Clerk at (707) 9448851 at least 72 hours prior to the meeting. This notice is available in accessible alternate formats from the ADA Coordinator.

1. CALL TO ORDER; CONVENE SPECIAL MEETING
Mayor Mohler called the meeting to order at approximately 1:00 p.m.

2. ROLL CALL

Present: 3 Mayor Margie Mohler, Vice Mayor Eric Knight, Council Member Robin McKeeCant

Absent: 1 Council Member Hillery Trippe

3. PLEDGE OF ALLEGIANCE
The pledge of allegiance was held.

4. ADOPTION OF AGENDA
A motion was made by Vice Mayor Knight, seconded by Council Member McKeeCant to Adopt the Agenda. The motion carried by the following roll call vote:

AYES: 3; Mayor Mohler, Vice Mayor Knight, Council Member McKeeCant NOES: 0
ABSTAIN: 0

5. PROCLAMATIONS AND RECOGNITIONS NONE

6. PUBLIC COMMENT ON MATTERS NOT LISTED ON THE AGENDA
None.

7. CONSENT CALENDAR
A. Adopt Resolution 224167 Authorizing Continued Remote Teleconference Meetings of the Town Council and All Town Boards, Commissions, and Committees Pursuant to Government Code Section 54953(e).

B. Adopt Resolution 224168 Approving Professional Services Contract with Caltest Analytical for Laboratory Testing Services for Fiscal Years 2022/23 in a not to exceed the amount of $75,000.

C. Adopt Resolution Number 224169 Authorizing the Procurement of Two AllElectric GEM Vehicles Via the Town's Cooperative Purchasing Ordinance in the Amount of $55,000 with Capital Fund 50 Identified in the Current Capital Improvement Plan (Project CP0028) and Authorizing the Town Manager to Execute the Contract up to that Amount.

A motion was made by Vice Mayor Knight, seconded by Council Member McKeeCant to approve the Consent Calendar items. The motion carried by the following vote:

AYES: 3; Mayor Mohler, Vice Mayor Knight, Council Member McKeeCant NOES: 0
ABSTAIN: 0

8. PRESENTATIONS NONE

9. PUBLIC HEARINGS NONE

10. ADMINISTRATIVE / REGULAR ITEMS NONE

11. STAFF INFORMATIONAL REPORTS NONE
Town of Yountville
Town Council Special Meeting
Minutes 12/16/2022

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9. PUBLIC HEARINGS NONE

10. ADMINISTRATIVE / REGULAR ITEMS NONE

11. STAFF INFORMATIONAL REPORTS NONE

12. COUNCIL MEETING REPORTS, COMMENTS AND AGENDA ITEM REQUESTS NONE None.

13. CLOSED SESSION
A. PUBLIC EMPLOYEE APPOINTMENT/PUBLIC EMPLOYMENT (Gov. Code, § 54957.) Title: Town Manager
The following individual submitted electronic public comment: Carrie Hays.

The Town Council returned from closed session at approximately 3:49 p.m. and Mayor Mohler announced that there was no reportable action.

14. ADJOURNMENT
A motion was made by Council Member McKeeCant, seconded by Vice Mayor Knight to Adjourn the meeting. The motion carried by the following roll call vote:

AYES: 3; Mayor Mohler, Vice Mayor Knight, Council Member McKeeCant NOES: 0
ABSTAIN: 0
Adjourned to the Town Council Special Meeting Tuesday, December 20, 2022 at 2:30 p.m. being held by remote teleconference.
_____________________
Eddy Gomez, Town Clerk
Date Approved: January 3, 2023 Town of Yountville
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Town of Yountville
6550 Yount Street
Yountville, CA 94599
Meeting Minutes – Final
Tuesday, December 20, 2022
2:30 PM
Town Hall Council Chambers
Town Council
Mayor Margie Mohler
Vice Mayor Eric Knight
Council Member Hillery Bolt Trippe
Council Member Robin McKeeCant
The Town of Yountville is committed to complying with the Americans with Disabilities Act (ADA) and other similar federal and state laws in all respects. If, as an attendee or participant in this meeting, or in meetings on a regular basis, you will need special assistance beyond what is provided, the Town will provide reasonable accommodations for you. Individuals who need auxiliary aids or services for effective communication or participation in programs and services of the Town of Yountville are invited to make their needs and preferences known by contacting the Town Clerk at (707) 9448851 at least 72 hours prior to the meeting. This notice is available in accessible alternate formats from the ADA Coordinator.

1. CALL TO ORDER; CONVENE SPECIAL MEETING
Mayor Mohler called the meeting to order at approximately 2:30 p.m.

2. ROLL CALL
Town of Yountville
Town Council Special Meeting
Minutes 12/20/2022

Page 1 ends

1. CALL TO ORDER; CONVENE SPECIAL MEETING
Mayor Mohler called the meeting to order at approximately 2:30 p.m.

2. ROLL CALL

Present: 4 Mayor Margie Mohler, Vice Mayor Eric Knight, Council Member Hillery Trippe, Council Member Robin McKeeCant

Absent: None

3. PLEDGE OF ALLEGIANCE
The pledge of allegiance was held.

4. ADOPTION OF AGENDA
A motion was made by Vice Mayor Knight, seconded by Council Member Trippe to Adopt the Agenda.

The motion carried by the following roll call vote:

AYES: 4; Mayor Mohler, Vice Mayor Knight, Council Member Trippe, Council Member McKeeCant NOES: 0
ABSTAIN: 0

5. PROCLAMATIONS AND RECOGNITIONS NONE

6. PUBLIC COMMENT ON MATTERS NOT LISTED ON THE AGENDA
None.

7. CONSENT CALENDAR NONE

8. PRESENTATIONS NONE

9. PUBLIC HEARINGS NONE

10. ADMINISTRATIVE / REGULAR ITEMS NONE

11. STAFF INFORMATIONAL REPORTS NONE

12. COUNCIL MEETING REPORTS, ANNOUNCEMENTS AND AGENDA ITEM REQUESTS A. Council Members Announcements and Agenda Items Requests None.

13. CLOSED SESSION
A. PUBLIC EMPLOYEE APPOINTMENT/PUBLIC EMPLOYMENT (Gov. Code, § 54957.) Title: Town Manager
B. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov. Code, § 54956.8.) Property Address: 6554 Yount Street, Yountville, CA 94599 Town Negotiator: Steven R. Rogers, Town Manager
Negotiating Party: Napa Valley Unified School District
Under Negotiation: Price and Terms of Payment
Town Council returned from closed session at approximately 5:30 p.m. and Town Attorney Bell Town of Yountville
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Minutes 12/20/2022

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A. PUBLIC EMPLOYEE APPOINTMENT/PUBLIC EMPLOYMENT (Gov. Code, § 54957.) Title: Town Manager
B. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov. Code, § 54956.8.) Property Address: 6554 Yount Street, Yountville, CA 94599 Town Negotiator: Steven R. Rogers, Town Manager
Negotiating Party: Napa Valley Unified School District
Under Negotiation: Price and Terms of Payment
Town Council returned from closed session at approximately 5:30 p.m. and Town Attorney Bell announced there was no reportable action.

14. ADJOURNMENT
A motion was made by Council Member McKeeCant, seconded by Vice Mayor Knight to Adjourn the meeting. The motion carried by the following roll call vote:

AYES: 4; Mayor Mohler, Vice Mayor Knight, Council Member Trippe, Council Member McKeeCant NOES: 0
ABSTAIN: 0
Adjourned to the Town Council Regular Meeting Tuesday, January 3, 2023 at 3:00 p.m.. being held in Town Council Chambers.
________________________
Eddy Gomez, Town Clerk
Date Approved: January 3, 2023 Town of Yountville
Town Council Special Meeting
Minutes 12/20/2022

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Town of Yountville
Staff Report
6550 Yount Street
Yountville, CA 94599
Agenda Item #: 9A
Yountville Town Council Staff Report
DATE: January 3, 2023
TO: Mayor and Town Council
FROM: Ken MacNab, Interim Planning & Building Director
PREPARED BY: Ken MacNab, Interim Planning & Building Director SUBJECT:

Introduce and waive first reading of Ordinance Number 23-517 an Ordinance of the Town Council of the Town of Yountville Amending Chapter 17.156 of the Yountville Municipal Code Regarding Accessory Dwelling Units.

DISCUSSION/BACKGROUND
The California Legislature views Accessory Dwelling Units (ADUs) as playing an important role in solving California's housing crisis. Over the past few years, the Legislature has enacted numerous laws intended to increase the number of ADUs by removing barriers to their construction. Examples of such laws include requiring ministerial approval of ADU applications within 60 days, authorizing ADUs on lots with multifamily dwellings, and prohibiting local agencies from imposing height and setback standards beyond State-set limits.

In response, the Town has amended its zoning ordinance to bring its ADU regulations into conformance with State law.

In the 2021-22 California legislative session, two new laws imposing new development standards and methods of processing ADU’s were enacted. These new laws, Assembly Bill 2221 (Quirk-Silva) and Senate Bill 897 (Wieckowski), take effect on January 1, 2023. The proposed Zoning Ordinance amendments presented in this staff report are necessary for keeping the Town’s ADU standards in conformance with State law. In addition to the requirements of new State law, there are proposed amendments correcting an existing typo in the current ordinance, as noted in more detail below.

Yountville Municipal Code Chapter 17.184 directs that the ZDRB make recommendations to the Town Council for approval, conditional approval, or denial of applications for amendments to the Zoning Ordinance and the Zoning Map. Government Code section 65853 et seq. similarly requires the ZDRB to make a written recommendation to the Town Council regarding amendments to the Zoning Ordinance and the Zoning Map. In accordance with these requirements, the ZDRB held a noticed public hearing to review the subject Zoning Ordinance amendments on December 13, 2022. After receiving a presentation from Town staff, review of information contained in the staff report, and deliberations, the ZDRB passed a motion recommending that the Town Council approve the proposed amendments. A summary of the ZDRB’s review and comments is provided later in this report.

PROPOSED AMENDMENTS
The following is a summary of the proposed amendments to Chapter 17.156 – Accessory Dwelling Units. “Track changes” are shown in the draft Ordinance (Exhibit 1).

1. Section 17.156.030(A)(1) – Zoning
Subparagraph “a” is proposed to be corrected as shown below to accurately define the Zoning District acronym “MPR.” The current Zoning Ordinance defines the MPR Zoning District acronym as “Mobile Home Park.” The proposed revision corrects this definition to “Master Planned Residential.” “1. Pursuant to Section 17.12.010 (General Requirements for New Development and Land Uses) accessory dwelling units and junior accessory dwelling units are only permitted in the following zoning districts:
a. A (Agriculture), RS (Single-Family Residential), RM (Mixed Residential), H (Old Town Historic), MPR (Master Planned Residential), and PD (Planned Development).

2. Accessory Dwelling Units and Junior Accessory Dwelling Units are prohibited in the MHP (Mobile Home Park), PP (Parks and Playfields), PF (Public Facilities), PC (Primary Commercial), RSC (Residential-Scaled Commercial), OTC (Old Town Commercial), RC (Retained Commercial), and MU (Mixed Use Overlay) zones.”

2. Section 17.156.030(F) – Setbacks
Provision “5” below is proposed to be added to this section to clarify setback requirements for existing multifamily structures with a side or rear setback of less than four feet to in accordance with the requirements of SB 897. This language prohibits the Town from requiring modifications to an existing multifamily structure for the purpose of bringing it into compliance with applicable side or rear yard setback requirements as part of an application to construct an Accessory Dwelling Unit. “5. If an existing multifamily dwelling has a rear or side setback of less than four feet, the Town shall not require any modification of the existing multifamily dwelling as a condition of approving the application to construct an Accessory Dwelling Unit that satisfies the requirements of this subparagraph.”

3. Section 17.156.030(G)(1) – Height Limits
This section is proposed to be modified as shown below to clarify height allowances and measurements in accordance with the requirements of AB 2221. The modifications expand upon the existing Zoning Ordinance regulations by setting forth specific height limits for Accessory Dwelling Units based on site and development conditions.
“1. Accessory Dwelling Units shall not exceed:
i. 16 feet in height measured to top of parapet or pitched roof on a lot with an existing or proposed single family or multifamily dwelling unit; ii. 18 feet in height for a detached Accessory Dwelling Unit on a lot with an existing or proposed single family or multifamily dwelling unit that is within one-half of one mile walking distance of a major transit stop, or a high-quality transit corridor as defined in Section 21155 of the Public Resources Code. An additional two feet in height is allowed under this subparagraph to accommodate a roof pitch on the Accessory Dwelling Unit that is aligned with the roof pitch of the primary dwelling unit.
iii. 18 feet in height for a detached Accessory Dwelling Unit on a lot with an existing or proposed multifamily, multistory dwelling.
iv. 25 feet in height or the otherwise applicable height limitation under Title 17 that applies to the primary dwelling, whichever is lower, for an Accessory Dwelling Unit that is attached to a primary dwelling.
v. Two stories in height in all cases.”
In regard to provision “ii” above, it should be noted that a ‘major transit stop’ and ‘high quality transit corridor’ are defined as follows in Section 21155 of the Public Resources Code:

1. Major Transit Stop: (1) An existing rail or bus rapid transit station, (2) A ferry terminal served by either a bus or rail transit service, or (3) The intersection of two or more major bus routes with a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute periods.

2. High Quality Transit Corridor: a corridor with fixed route bus service with service intervals no longer than 15 minutes during peak commute hours.

Currently, the Town does not have transit service that would meet either of these definitions. Staff is proposing to include this language in the Ordinance amendment for purposes of clear conformance with State law. However, until such a time that transit service meets the headways specified above, the allowances allowed by provision “ii” are not currently applicable to any property in Town limits.

4. Section 17.156.030(H)(3) – Parking
Provision “vi” below is proposed to be added to Section 3 for the purpose of clarifying that additional parking for an Accessory Dwelling Unit constructed in conjunction with a new single family or multifamily dwelling on the same lot is not required when all other applicable parking criteria are met. “3. Notwithstanding any other provision of this code, no additional parking shall be required for an Accessory Dwelling Unit if any of the following is true:
. . .
vi. When a permit application for an Accessory dwelling Unit is submitted with a permit application to create a new single family dwelling or a new multifamily dwelling on the same lot, provided the Accessory Dwelling Unit or the parcel satisfies all other criteria.”

5. Section 17.156.040(A)(1) – Development Standards
Provision “iii” is proposed to be modified as shown below to clarify that a Junior Accessory Dwelling Unit may share bathroom facilities with the Primary Dwelling Unit provided that the Junior Accessory Dwelling Unit has a separate entrance.
“1. An Accessory Dwelling Unit and a Junior Accessory Dwelling Unit shall have the following features located within the unit:

. . .
iii. Its own bathroom with toilet, sink, and tub or shower, except that a Junior Accessory Dwelling Unit may share these facilities with the Primary Dwelling Unit, provided the Junior Accessory Dwelling Unit has a separate entrance from the main entrance to the Primary Dwelling Unit, with an interior entry to the main living area of the Primary Dwelling Unit.”

6. Section 17.156.040(C)(1) – Building Code
This section is proposed to be modified as shown below to clarify that construction of an Accessory Dwelling Unit does not constitute a change in Residential (Group R) Building Code occupancy unless there is substantial evidence that construction of the Accessory Dwelling Unit would have adverse health and safety impacts. This section also clarifies that that the Town cannot require an existing primary dwelling unit to install fire sprinklers as part of an Accessory Dwelling Unit application. Both of these clarifications are in accordance with the requirements of AB 2221.
“1. An Accessory Dwelling Unit and a Junior Accessory Dwelling Unit shall meet minimum building code requirements prior to occupancy of the unit, except that the construction of an Accessory Dwelling Unit shall not constitute a Group R occupancy change under the California Building Code, as described in Section 310 of the California Building Code (Title 24 of the California Code of Regulations), unless the Building Official makes a written finding based on substantial evidence in the record that the construction of the Accessory Dwelling Unit could have a specific, adverse impact on public health and safety. Nothing in this subparagraph shall be interpreted to prevent the Town from changing the occupancy code of a space that was unhabitable space or was only permitted for nonresidential use and was subsequently converted for residential use pursuant to this section.

2. Accessory Dwelling Units shall not be required to provide fire sprinklers if they are not required for the Primary Dwelling Unit. The construction of an Accessory Dwelling Unit shall not trigger a requirement for fire sprinklers to be installed in the Primary Dwelling Unit.

3. An Accessory Dwelling Unit and a Junior Accessory Dwelling Unit shall be required to have a permanent foundation.”

7. Section 17.156.040(I) – Permit Approval
This section is proposed to be modified as shown below to clarify procedures for denial of an Accessory Dwelling Unit or Junior Accessory Dwelling Unit, including denial of unpermitted units constructed before January 1, 2018, in accordance with the requirements of AB 2221 and SB 897. “1. All proposed Accessory Dwelling Units and Junior Accessory Dwelling Units are subject to review for compliance with the terms of this chapter by the Planning Officer, via a zoning clearance. The Planning Officer shall complete the review of the application within sixty (60) days of receipt of a complete submission. Review of, and the denial of or granting of, an application by the Town is a ministerial action. The Planning Officer shall not approve an application or issue a permit unless the proposed Accessory Dwelling Unit or Junior Accessory dwelling Unit complies with the requirements of this chapter. The decision of the Planning Officer shall be final and conclusive.

2. If the Planning Officer denies an application for an Accessory Dwelling Unit or a Junior Accessory Dwelling Unit, the Planning Officer shall return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant. The Planning Officer shall not deny an application for a permit to create an Accessory Dwelling Unit or a Junior Accessory Dwelling unit due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and that are not affected by the construction of the Accessory Dwelling Unit or the Junior Accessory Dwelling Unit.

3. The Planning Officer shall review and issue a demolition permit for a detached garage replaced with an Accessory Dwelling Unit at the same time he or she reviews and issues a permit for the Accessory Dwelling Unit. The Planning Officer shall not require the applicant to post a notice or placard for the demolition of a detached garage to be replaced with an Accessory Dwelling Unit, unless the property is within an architecturally and historically significant historic district.

4. A permit shall not be denied for an unpermitted Accessory Dwelling Unit that was constructed before January 1, 2018, due to either of the following:
i. The Accessory Dwelling Unit is in violation of 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.
ii. The Accessory dwelling Unit does not comply with Section 65852.2 of the Government Code or Title 17.

5. Notwithstanding subdivision (4), the Planning Officer may deny a permit for an Accessory Dwelling unit if he or she makes a finding that correcting a violation is necessary to protect the health and safety of the public or occupants of the structure.

6. Subdivisions (4) and (5) shall not apply to a building that is deemed substandard pursuant to Section 17920.3 of the Health and Safety Code.”

ZONING AND DESIGN REVIEW BOARD - REVIEW AND COMMENTS
On December 13, 2022, the Zoning and Design Review Board (ZDRB) conducted a noticed public hearing to review the proposed ordinance amendments and make recommendations for approval, conditional approval, or denial by the Town Council. After receiving a staff report and presentation from Town staff and deliberating on the various amendments being proposed, and in recognition that the Town is required to make the proposed amendments in order to be compliant with State law, the ZDRB passed a motion recommending that the Town Council approve the ordinance as presented.

Although there were no recommended changes to the language presented in the ordinance, the ZDRB discussed several regulatory aspects related to the proposed ordinance amendments and requested they be shared with the Town Council for future consideration. A summary of these issues is provided below.

1. Height Allowance for Attached ADUs (Item No. 3 above). During consideration of height allowances for attached ADUs, Staff presented two graphic examples of second story ADUs: one showing construction above an existing garage, and the other showing conversion of existing space or a second-story addition. Some ZDRB members expressed a preference for second story ADUs constructed above the existing footprint of the primary dwelling as opposed to an addition that would expand the footprint of the primary dwelling. The ZDRB inquired whether this provision would allow for construction of an attached two-story ADU addition to an existing dwelling that would expand the existing footprint of the primary dwelling. Staff has confirmed with the Town Attorney’s office that it would.

2. Unpermitted ADUs (Item 7, Nos. 3 and 4). The ZDRB expressed concern about approving an unpermitted ADU built before 2018. The concern primarily relates to ensuring the health and safety of occupants of the ADU. Although State law clearly allows the Town to impose conditions requiring correction of health and safety deficiencies, there was some discomfort about allowing occupancy of a structure that may not be fully compliant with all requirements of the Building Code. Staff consulted with the Town Attorney’s office about whether the Town could require a building permit be obtained for the unpermitted structure as a condition of ADU approval. The Town Attorney’s office advises a condition of approval requiring approval of a building permit for anything related to health and safety corrections would be allowable under State law.

3. Interior Access (General comment, not directly related to any of the proposed amendments). Some ZDRB members expressed concern that property owners may use ADU regulations for the purpose of expanding the living area of a primary dwelling with no intention of making the ADU available as a dwelling unit as a means to work around zoning regulations that would otherwise limit such expansion. A question was raised about whether the Town could prohibit an interior connection between the primary dwelling and an attached ADU to address/discourage this. In researching this question, staff determined that the Town’s Zoning Ordinance already prohibits direct access between an ADU and the primary dwelling (Section 17.156.020(B) of the Yountville Municipal Code). The Town Attorney advises that the Town could not prohibit interior access between a primary dwelling and a JADU (Junior Accessory Dwelling Unit) as JADUs share facilities with the primary dwelling.

ANALYSIS
Pursuant to Yountville Municipal Code Section 17.184.060 Findings and Decision, upon receipt of the recommendation of the Zoning and Design Review Board, the Town Council may approve or approve in modified form the proposed amendment(s) if from the facts presented all the following findings can be made:

1. The proposed amendment(s) would further the goals, objectives, policies, and programs and is consistent with the intent of the General Plan;
COMMENT: The proposed amendments would further General Plan goals, policies, and programs, including the following:
• Housing Element Goal HO-3: Promote the development of a variety of housing types. • Housing Element Goal HO-4: Provide increased opportunities for multi-family and affordable workforce housing, and maintain affordability for all income groups. o Housing Element Policy HO-4.4: Encourage second dwelling units on single-family lots. o Housing Element Program 14: Continue to provide information to property owners and developers regarding the Town’s second unit regulations and continue to assess further means of facilitating development of second units. [Underline added] • Housing Element Goal HO-10: Ensure that the Town’s policies and regulations address all State housing requirements.

2. The proposed amendment(s) would not be detrimental to the public interest, health, safety, convenience, or welfare of the Town;
COMMENT: The proposed amendments will be implemented through established development and building permit review procedures ensuring that there will be no detrimental impacts to the public interest, health, safety, convenience, or welfare of the Town.

3. For amendments involving a zoning or land use map amendment, the site is physically suitable, including consideration of physical constraints, access, compatibility with surrounding land uses, and provision of utilities, for the requested or potential land uses.

COMMENT: The proposed amendments do not involve or include any zoning or land use map amendment.

ENVIRONMENTAL REVIEW
The proposed ordinance is statutorily exempt under CEQA Guidelines Section 15282, Subdivision (h), of the California Environmental Quality Act (CEQA) regulations because it adopts "an ordinance regarding second units in a single-family or multi-family residential zone by a town or county to implement the provisions of Sections 65852.1 and 65852.2 of the Government Code as set forth in Section 21080.17 of the Public Resources Code."

FISCAL IMPACT
Is there a Fiscal Impact? No
Is it Currently Budgeted? N/A
Where is it Budgeted? N/A
Is it Mandatory or Discretionary? Mandatory
Is there a Staff Resource Impact? Nominal

STRATEGIC PLAN GOAL
Is item Identified in Strategic Plan? Yes
If yes, Identify Strategic Goal and Objective. Exceptional Town Services and Staff: The Town supports its talented staff who deliver high quality municipal programs and services while maintaining public infrastructure for the benefit of the community. Premier Destination: The Town values its residents, rich history, natural environment, culinary excellence, arts, and distinguished businesses that make our home a place people love.

Quality of Life: The Town enhances the livability of Yountville by providing well-maintained public facilities, parks, trails, and quality programs and events. Visionary Leadership: The Town's leadership maintains an open-minded, forward-thinking decision-making process. We value engagement and participation from all members of the community as we work together to create policies and plan for the future.

Briefly Explain Relationship to Strategic Plan Goal and Objective. By adopting clear objective standards for state mandated requirements for the development of Accessory Dwelling Units it will continue orderly development and high qualify design. This will further the strategic goals increasing the quality of life for residents and Yountville being a premier destination.

EXHIBITS
Exhibit A – An Ordinance of the Town Council of the Town of Yountville amending Chapter 17.156 of the Yountville Municipal Code regarding Accessory Dwelling Units.

Exhibit B – Current version of Chapter 17.156 of the Yountville Municipal Code Exhibit C – Text of Assembly Bill 2221 (Quirk-Silva)
Exhibit D – Text of Senate Bill 897 (Wieckowski)

RECOMMENDATION
Receive staff report and direct questions to staff.

Conduct public hearing and receive testimony.

Conduct Council discussion on proposed ordinance amendments.

Town of Yountville
Ordinance Number 23-[XXXX]

AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF YOUNTVILLE AMENDING CHAPTER 17.156 OF THE YOUNTVILLE MUNICIPAL CODE REGARDING

ACCESSORY DWELLING UNITS
Now, therefore, the Town Council of the Town of Yountville does ordain as follows:

SECTION 1. CODE AMENDMENT: Section 17.156.030 of Chapter 17.156 of Title 17 of the Yountville Municipal Code is hereby amended to read as follows:

17.156.030 Site and Layout Standards.

If the Planning Officer determines that an Accessory Dwelling Unit or a Junior Accessory Dwelling Unit meets the following requirements, the Planning Officer shall approve the application for the unit. Unless specifically relating to one unit or the other, all Accessory Dwelling Units and Junior Accessory Dwelling Units shall meet the following requirements:

A. Zoning.
(1) Pursuant to Section 17.12.010 (General Requirements for New Development and Land Uses) Accessory Dwelling Units and Junior Accessory Dwelling Units are only permitted in the following zoning districts:
i. A (Agriculture), RS (Single-Family Residential), RM (Mixed Residential), H (Old Town Historic), MPR (Master Planned Residential), and PD (Planned Development).
(2) Accessory Dwelling Units and Junior Accessory Dwelling Units are prohibited in the MHP (Mobile Home Park), PP (Parks and Playfields), PF (Public Facilities), PC (Primary Commercial), RSC (Residential-Scaled Commercial), OTC (Old Town Commercial), RC (Retained Commercial), and MU (Mixed Use Overlay) zones.

B. Historic Properties.
(1) An Accessory Dwelling Unit or a Junior Accessory Dwelling Unit proposed for an historic property shall:
i. Be located in the rear of the property such that at least 50 percent of the unit’s first floor, front-facing facade is behind the predominant massing of the existing dwelling.
ii. Not be placed in a manner to block visibility of the historic resource from the public right-of-way or compete with character-defining features of the historic resource.

C. Floor Area of ADUs.
(1) The maximum size of the Floor Area of an Accessory Dwelling Unit shall not exceed 850 square feet or, if the Accessory Dwelling Unit provides more than one bedroom, 1,000 square feet.
(2) Nothing in this chapter shall prohibit an Accessory Dwelling Unit that is at least 800 square feet, 16 feet in height, and constructed in compliance with all other local development standards.

D. Floor Area of JADUs.
(1) The maximum size of the Floor Area of a Junior Accessory Dwelling Unit shall not exceed 500 square feet.
(2) The minimum size of the Floor Area of a Junior Accessory Dwelling Unit shall be greater than 220 square feet, pursuant to the International Building Code of the International Code Council Standards.

E. Lot Coverage.
(1) The maximum Lot Coverage shall be no greater than 60%. (2) The lot must contain an existing single-family detached dwelling unit and no other dwelling units. There shall be no more than one Accessory Dwelling Unit and one Junior Accessory Dwelling Unit per lot with a single-family dwelling.

F. Setbacks.

The setback standards for Accessory Dwelling Units are as follows:
(1) Front yard setback – Consistent with applicable setback regulations in Division 2 of Title 17.
(2) Side yard setback—four feet.
(3) Rear yard setback—four feet.
(4) There are no setback requirements 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 into an Accessory Dwelling Unit or portion of an Accessory Dwelling Unit. (5) If an existing multifamily dwelling has a rear or side setback of less than four feet, the Town shall not require any modification of the existing multifamily dwelling as a condition of approving the application to construct an Accessory Dwelling Unit that satisfies the requirements of this subparagraph.

G. Height Limits.
(1) Accessory Dwelling Units shall not exceed:
i. 16 feet in height measured to top of parapet or pitched roof on a lot with an existing or proposed single family or multifamily dwelling unit; ii. 18 feet in height for a detached Accessory Dwelling Unit on a lot with an existing or proposed single family or multifamily dwelling unit that is within one-half of one mile walking distance of a major transit stop or a high-quality transit corridor as defined in Section 21155 of the Public Resources Code. An additional two feet in height is allowed under this subparagraph to accommodate a roof pitch on the Accessory Dwelling Unit that is aligned with the roof pitch of the primary dwelling unit.
iii. 18 feet in height for a detached Accessory Dwelling Unit on a lot with an existing or proposed multifamily, multistory dwelling. iv. 25 feet in height or the otherwise applicable height limitation under Title 17 that applies to the primary dwelling, whichever is lower, for an Accessory Dwelling Unit that is attached to a primary dwelling. v. Two stories in height in all cases.

H. Parking.
(1) A minimum of one screened off-street parking space shall be provided for each Accessory Dwelling Unit. Surface parking may encroach up to 15 feet into the rear setback. The additional on-site parking space required for the Accessory Dwelling Unit may be provided by tandem parking.
(2) If an existing Garage, carport, or covered parking structure is to be demolished in conjunction with the construction of an Accessory Dwelling Unit, the required off-street parking for the Primary Dwelling Unit need not be replaced. Replacement parking spaces may be provided in any configuration on the lot, including, but not limited to, covered, uncovered, or tandem spaces, or by the use of mechanical automobile parking lifts.
(3) Notwithstanding any other provision of this code, no additional parking shall be required for an Accessory Dwelling Unit if any of the following is true:
i. The unit is located within one-half mile walking distance of a public transit stop;
ii. The unit is located within an architecturally and historically significant historic district;
iii. The unit is part of the existing Primary Dwelling Unit or an existing accessory structure;
iv. On-street permits are required but not offered to the occupant of the unit; or
v. There is a publicly accessible car share vehicle located within one block of the unit.
vi. When a permit application for an Accessory dwelling Unit is submitted with a permit application to create a new single family dwelling or a new multifamily dwelling on the same lot, provided the Accessory Dwelling Unit or the parcel satisfies all other criteria.

SECTION 2. CODE AMENDMENT: Section 17.156.040 of Chapter 17.156 of Title 17 of the Yountville Municipal Code is hereby amended to read as follows:

17.156.040 Development Standards.

Accessory Dwelling Units and Junior Accessory Dwelling Units are subject to the following development standards:

A. Facilities.
(1) An Accessory Dwelling Unit and a Junior Accessory Dwelling Unit shall have the following features located within the unit:
i. Independent heating controls, and cooling controls if air conditioning is provided.
ii. Its own kitchen with sink and standard built-in or freestanding appliances, except that a Junior Accessory Dwelling Unit shall have an Efficiency Kitchen.
iii. Its own bathroom with toilet, sink, and tub or shower, except that a Junior Accessory Dwelling Unit may share these facilities with the Primary Dwelling Unit, provided the Junior Accessory Dwelling Unit has a separate entrance from the main entrance to the Primary Dwelling Unit, with an interior entry to the main living area of the Primary Dwelling Unit.
iv. Indoor washer and dryer hookups, except that a Junior Accessory Dwelling Unit may share these facilities with the Primary Dwelling Unit. v. Exterior access independent from the Primary Dwelling Unit. Except for a Junior Accessory Dwelling Unit, there shall be no shared access with the Primary Dwelling Unit.

B. Utilities.
(1) A new or separate utility connection shall be required for all Accessory Dwelling Units that are not described in subparagraph (A) of paragraph (1) of subdivision (e) of Section 65852.2 of the California Government Code. (2) A connection fee and capacity charge for utilities, including water and sewer service, shall be charged for such Accessory Dwelling Units proportionate to the additional burden the unit places on the service(s) provided. No impact fee shall be charged for a unit smaller than 750 square feet.

C. Building Code.
(1) An Accessory Dwelling Unit and a Junior Accessory Dwelling Unit shall meet minimum building code requirements prior to occupancy of the unit, except that the construction of an Accessory Dwelling Unit shall not constitute a Group R occupancy change under the California Building Code, as described in Section 310 of the California Building Code (Title 24 of the California Code of Regulations), unless the Building Official makes a written finding based on substantial evidence in the record that the construction of the Accessory Dwelling Unit could have a specific, adverse impact on public health and safety. Nothing in this subparagraph shall be interpreted to prevent the Town from changing the occupancy code of a space that was unhabitable space or was only permitted for nonresidential use and was subsequently converted for residential use pursuant to this section.
(2) Accessory Dwelling Units shall not be required to provide fire sprinklers if they are not required for the Primary Dwelling Unit. The construction of an Accessory Dwelling Unit shall not trigger a requirement for fire sprinklers to be installed in the Primary Dwelling Unit.
(3) An Accessory Dwelling Unit and a Junior Accessory Dwelling Unit shall be required to have a permanent foundation.

D. Appearance.
(1) The design of an Accessory Dwelling Unit and a Junior Accessory Dwelling Unit shall be substantially similar to the Primary Dwelling Unit on the lot and the predominant architectural style of adjacent residences. The Planning Officer shall make this determination based on architectural use of forms, height, materials, colors, and landscaping.
(2) For an Accessory Dwelling Unit or Junior Accessory Dwelling Unit that includes a second story, any window, door, or deck of a second story shall be located and designed utilizing techniques that lessen the impacts on the privacy of adjacent properties. These techniques shall include one or more of the following: use of obscured glazing, window placement above eye level, orientation of windows, doors, and decks toward the existing on-site residence, or screening treatments.
(3) An Accessory Dwelling Unit and a Junior Accessory Dwelling Unit shall require landscaping. If the existing development lacks landscaping, the applicant shall submit a landscape screening plan.
(4) A minimum of 100 square feet shall be provided for use as common space by an Accessory Dwelling Unit and a Junior Accessory Dwelling Unit, of which no less than half shall be directly accessible to the unit.

E. Primary and Accessory Dwellings Not Separable.
(1) An Accessory Dwelling Unit and a Junior Accessory Dwelling Unit shall not be sold separately from the Primary Dwelling Unit and may be rented, provided any rental complies with Chapter 8.08 and Section 17.12.010(C)(1) of this code.

F. Occupancy and Rental.
(1) On all lots containing an Accessory Dwelling Unit or a Junior Accessory Dwelling Unit, either the Primary Dwelling Unit, the Accessory Dwelling Unit, or the Junior Accessory Dwelling Unit shall be owner-occupied and eligible for a “homeowners’ exemption” for property tax purposes. The owner occupancy requirement in this subsection is not operative between January 1, 2020, and January 1, 2025.
(2) An Accessory Dwelling Unit and a Junior Accessory Dwelling Unit shall not be rented for occupancy by individuals for periods of less than 90 consecutive days.
(3) The owner shall sign a “Notice of Restrictions: Occupancy, Sale and Rental,” which the Town will record with the County Recorder’s office, prior to issuance of a building permit for the Accessory Dwelling Unit or the Junior Accessory Dwelling Unit, acknowledging the requirements of subsections (E)(1), (F)(1) and (F)(2) of this section.

G. Short-term Rentals.
(1) Short-term rental of an Accessory Dwelling Unit or a Junior Accessory Dwelling Unit for less than 30 days is prohibited.

H. Fees.
(1) An application for an Accessory Dwelling Unit and/or a Junior Accessory Dwelling Unit shall be submitted to the Town along with the appropriate fee as established from time to time by resolution of the Town Council. (2) The Town may impose a fee on the applicant in connection with approval of an Accessory Dwelling Unit for the purpose of defraying all or a portion of the cost of public facilities related to its development, as provided for in Government Code Sections 65852.2(f)(1) and 66000(b).
(3) The Town will not consider an Accessory Dwelling Unit or a Junior Accessory Dwelling Unit to be a new residential use for purposes of calculating connection fees or capacity charges for utilities, including water and sewer service, unless the unit is constructed with a new single-family or multi-family dwelling.
(4) Any development impact fees charged for an Accessory Dwelling Unit of seven hundred (750) square feet or more shall be charged proportionately in relation to the square footage of the Accessory Dwelling Unit. (5) The Town may charge a fee to inspect an Accessory Dwelling Unit or a Junior Accessory Dwelling Unit to determine compliance with applicable building standards.

I. Permit Approval
(1) All proposed Accessory Dwelling Units and Junior Accessory Dwelling Units are subject to review for compliance with the terms of this chapter by the Planning Officer, via a zoning clearance. The Planning Officer shall complete the review of the application within sixty (60) days of receipt of a complete submission. Review of, and the denial of or granting of, an application by the Town is a ministerial action. The Planning Officer shall not approve an application or issue a permit unless the proposed Accessory Dwelling Unit or Junior Accessory dwelling Unit complies with the requirements of this chapter.

The decision of the Planning Officer shall be final and conclusive. (2) If the Planning Officer denies an application for an Accessory Dwelling Unit or a Junior Accessory Dwelling Unit, the Planning Officer shall return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant. The Planning Officer shall not deny an application for a permit to create an Accessory Dwelling Unit or a Junior Accessory Dwelling unit due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and that are not affected by the construction of the Accessory Dwelling Unit or the Junior Accessory Dwelling Unit.
(3) The Planning Officer shall review and issue a demolition permit for a detached garage replaced with an Accessory Dwelling Unit at the same time he or she reviews and issues a permit for the Accessory Dwelling Unit. The Planning Officer shall not require the applicant to post a notice or placard for the demolition of a detached garage to be replaced with an Accessory Dwelling Unit, unless the property is within an architecturally and historically significant historic district.
(4) A permit shall not be denied for an unpermitted Accessory Dwelling Unit that was constructed before January 1, 2018, due to either of the following:
i. The Accessory Dwelling Unit is in violation of 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.
ii. The Accessory dwelling Unit does not comply with Section 65852.2 of the Government Code or Title 17.
(5) Notwithstanding subdivision (4), the Planning Officer may deny a permit for an Accessory Dwelling unit if he or she makes a finding that correcting a violation is necessary to protect the health and safety of the public or occupants of the structure.
(6) Subdivisions (4) and (5) shall not apply to a building that is deemed substandard pursuant to Section 17920.3 of the Health and Safety Code.

J. Permit Termination
(1) A permit for an Accessory Dwelling Unit or a Junior Accessory Dwelling Unit shall terminate when one (1) or more of the following occur:
i. The construction of the Accessory Dwelling Unit or the Junior Accessory Dwelling Unit is not commenced within one (1) year from the date of permit issuance;
ii. The construction of the Accessory Dwelling Unit or the Junior Accessory Dwelling Unit has been abandoned or discontinued for one hundred eighty (180) consecutive days or more;
iii. The owner of the Accessory Dwelling Unit or the Junior Accessory Dwelling Unit files a declaration with the Planning Officer that the permit has been abandoned or discontinued and the unit has been removed from the property; or
iv. The permit has expired by its own terms.

SECTION 3. CEQA: The proposed ordinance is statutorily exempt under CEQA Guidelines Section 15282, Subdivision (h), of the California Environmental Quality Act (CEQA) regulations because it adopts "an ordinance regarding second units in a single-family or multi-family residential zone by a town or county to implement the provisions of Sections 65852.1 and 65852.2 of the Government Code as set forth in Section 21080.17 of the Public Resources Code."
SECTION 4. SEVERABILITY: If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the final decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The Town Council declares that it would have adopted this Ordinance, and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, phrases or portions might be declared invalid or unconstitutional.

SECTION 5. EFFECTIVE DATE: This Ordinance shall take effect 30 days after final adoption.

SECTION 6. CERTIFICATION: The Town Clerk shall certify to the passage and adoption of this Ordinance and shall give notice of its adoption as required by law. Within 15 days from the date of passage of this ordinance, the Town Clerk shall post a copy of the ordinance in accordance with California Government Code in at least three public places in the Town.

INTRODUCED by the Town Council at a regular meeting held on the 3rd day of January 2023.

PASSED AND ADOPTED by the Town Council at a regular meeting held on the ___ day of ___________ 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
________________________________
Margie Mohler, Mayor
ATTEST:

Eddy Gomez, Town Clerk
Gary B. Bell
Town Attorney
Town of Yountville
Ordinance Number 23-517

AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF YOUNTVILLE AMENDING CHAPTER 17.156 OF THE YOUNTVILLE MUNICIPAL CODE REGARDING

ACCESSORY DWELLING UNITS
Now, therefore, the Town Council of the Town of Yountville does ordain as follows:

SECTION 1. CODE AMENDMENT: Section 17.156.030 of Chapter 17.156 of Title 17 of the Yountville Municipal Code is hereby amended to read as follows:

17.156.30 Site and Layout Standards.

A. Zoning.
(1) Pursuant to Section 17.12.010 (General Requirements for New Development and Land Uses) Accessory Dwelling Units and Junior Accessory Dwelling Units are only permitted in the following zoning districts:
i. A (Agriculture), RS (Single-Family Residential), RM (Mixed Residential), H (Old Town Historic), MPR (Master Planned Residentialobile Home Park), and PD (Planned Development). (2) Accessory Dwelling Units and Junior Accessory Dwelling Units are prohibited in the MHP (Mobile Home Park), PP (Parks and Playfields), PF (Public Facilities), PC (Primary Commercial), RSC (Residential-Scaled Commercial), OTC (Old Town Commercial), RC (Retained Commercial), and MU (Mixed Use Overlay) zones.

F. Setbacks.

The setback standards for Accessory Dwelling Units are as follows:
(1) Front yard setback – Consistent with applicable setback regulations in Division 2 of Title 17.
(2) Side yard setback—four feet.
(3) Rear yard setback—four feet.
(4) There are no setback requirements 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 into an Accessory Dwelling Unit or portion of an Accessory Dwelling Unit. (4)(5) If an existing multifamily dwelling has a rear or side setback of less than four feet, the Town shall not require any modification of the existing multifamily dwelling as a condition of approving the application to construct an Accessory Dwelling Unit that satisfies the requirements of this subparagraph.

G. Height Limits.
(1) Accessory Dwelling Units shall not exceed:
i. one-story or 16 feet in height measured to top of parapet or pitched roof on a lot with an existing or proposed single family or multifamily dwelling unit;
ii. 18 feet in height for a detached Accessory Dwelling Unit on a lot with an existing or proposed single family or multifamily dwelling unit that is within one-half of one mile walking distance of a major transit stop or a high-quality transit corridor as defined in Section 21155 of the Public Resources Code. An additional two feet in height is allowed under this subparagraph to accommodate a roof pitch on the Accessory Dwelling Unit that is aligned with the roof pitch of the primary dwelling unit.
iii. 18 feet in height for a detached Accessory Dwelling Unit on a lot with an existing or proposed multifamily, multistory dwelling. iv. 25 feet in height or the otherwise applicable height limitation under Title 17 that applies to the primary dwelling, whichever is lower, for an Accessory Dwelling Unit that is attached to a primary dwelling. i.v. , unless the Accessory Dwelling Unit is contained within the existing legal two-story space of a single-family detached dwelling unit; added above or below an existing legal single-family detached dwelling unit; or added above an existing legal one-story detached Garage on a property with an existing legal two-story single-family detached dwelling unit; and consistent with the setback and height regulations of Divisions 2 and 3 of Title 17. Accessory Dwelling Units shall not exceed Ttwo stories in height in all cases.

SECTION 2. CODE AMENDMENT: Section 17.156.040 of Chapter 17.156 of Title 17 of the Yountville Municipal Code is hereby amended to read as follows:

17.156.40 Development Standards.

Accessory Dwelling Units and Junior Accessory Dwelling Units are subject to the following development standards:

A. Facilities.
(1) An Accessory Dwelling Unit and a Junior Accessory Dwelling Unit shall have the following features located within the unit:
i. Independent heating controls, and cooling controls if air conditioning is provided.
ii. Its own kitchen with sink and standard built-in or freestanding appliances, except that a Junior Accessory Dwelling Unit shall have an Efficiency Kitchen.
iii. Its own bathroom with toilet, sink, and tub or shower, except that a Junior Accessory Dwelling Unit may share these facilities with the Primary Dwelling Unit, provided the Junior Accessory Dwelling Unit has a separate entrance from the main entrance to the Primary Dwelling Unit, with an interior entry to the main living area of the Primary Dwelling Unit..
iv. Indoor washer and dryer hookups, except that a Junior Accessory Dwelling Unit may share these facilities with the Primary Dwelling Unit. v. Exterior access independent from the Primary Dwelling Unit. Except for a Junior Accessory Dwelling Unit, there shall be no shared access with the Primary Dwelling Unit.

C. Building Code.
(1) An Accessory Dwelling Unit and a Junior Accessory Dwelling Unit shall meet minimum building code requirements prior to occupancy of the unit, except that the construction of an Accessory Dwelling Unit shall not constitute a Group R occupancy change under the California Building Code, as described in Section 310 of the California Building Code (Title 24 of the California Code of Regulations), unless the Building Official makes a written finding based on substantial evidence in the record that the construction of the Accessory Dwelling Unit could have a specific, adverse impact on public health and safety. Nothing in this subparagraph shall be interpreted to prevent the Town from changing the occupancy code of a space that was unhabitable space or was only permitted for nonresidential use and was subsequently converted for residential use pursuant to this section.
(2) Accessory Dwelling Units shall not be required to provide fire sprinklers if they are not required for the Primary Dwelling Unit. The construction of an Accessory Dwelling Unit shall not trigger a requirement for fire sprinklers to be installed in the Primary Dwelling Unit.
(1)(3) An Accessory Dwelling Unit and a Junior Accessory Dwelling Unit shall be required to have a permanent foundation.

G. Short-term Rentals.
(1) Short-term rental of an Accessory Dwelling Unit or a Junior Accessory Dwelling Unit for less than 30 days is prohibited.

The decision of the Planning Officer shall be final and conclusive. (2) If the Planning Officer denies an application for an Accessory Dwelling Unit or a Junior Accessory Dwelling Unit, the Planning Officer shall return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant. The Planning Officer shall not deny an application for a permit to create an Accessory Dwelling Unit or a Junior Accessory Dwelling unit due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and that are not affected by the construction of the Accessory Dwelling Unit or the Junior Accessory Dwelling Unit.
(3) The Planning Officer shall review and issue a demolition permit for a detached garage replaced with an Accessory Dwelling Unit at the same time he or she reviews and issues a permit for the Accessory Dwelling Unit. The Planning Officer shall not require the applicant to post a notice or placard for the demolition of a detached garage to be replaced with an Accessory Dwelling Unit, unless the property is within an architecturally and historically significant historic district.
(4) A permit shall not be denied for an unpermitted Accessory Dwelling Unit that was constructed before January 1, 2018, due to either of the following:
i. The Accessory Dwelling Unit is in violation of 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.
ii. The Accessory dwelling Unit does not comply with Section 65852.2 of the Government Code or Title 17.
(5) Notwithstanding subdivision (43), the Planning Officer may deny a permit for an Accessory Dwelling unit if he or she makes a finding that correcting a violation is necessary to protect the health and safety of the public or occupants of the structure.
(6) Subdivisions (43) and (54) shall not apply to a building that is deemed substandard pursuant to Section 17920.3 of the Health and Safety Code.

17.156.50 Development Standards for JADUs.

A. A Junior Accessory Dwelling Unit shall be built within the structure of an existing or proposed Primary Dwelling Unit. If built within the structure of an existing Primary Dwelling Unit, a Junior Accessory Dwelling Unit may include an addition to the Primary Dwelling Unit of up to one hundred fifty (150) square feet.

SECTION 3. CEQA: The proposed ordinance is statutorily exempt under CEQA Guidelines Section 15282, Subdivision (h), of the California Environmental Quality Act (CEQA) regulations because it adopts "an ordinance regarding second units in a single-family or multi-family residential zone by a town or county to implement the provisions of Sections 65852.1 and 65852.2 of the Government Code as set forth in Section 21080.17 of the Public Resources Code."
SECTION 4. SEVERABILITY: If any section, subsection, sentence, clause, phrase or portionof this Ordinance is for any reason held to be invalid or unconstitutional by the final decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The Town Council declares that it would have adopted this Ordinance,and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, phrases or portions might be declared invalid or unconstitutional.

SECTION 5. EFFECTIVE DATE: This Ordinance shall take effect 30 days after final adoption.

INTRODUCED by the Town Council at a regular meeting held on the 3rd January 2023.
day of
PASSED AND ADOPTED by the Town Council at a regular meeting held on the day of 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Margie Mohler, Mayor
ATTEST:

Eddy Gomez, Town Clerk

Gary B. Bell
Town Attorney
11/16/22, 2:40 PM Chapter 17.156 ACCESSORY DWELLING UNITS https://library.qcode.us/lib/yountville_ca/pub/municipal_code/item/title_17-division_4-chapter_17_156?view=all 1/9 Yountville, California Municipal Code
Title 17 ZONING
DIVISION 4: — STANDARDS FOR SPECIFIC LAND USES AND ACTIVITIES Chapter 17.156 ACCESSORY DWELLING UNITS

17.156.010 Purpose and application.

17.156.020 Definitions.

17.156.030 Site and layout standards.

17.156.040 Development standards.

17.156.050 Development standards for JADUs.

17.156.010 Purpose and application.

These provisions are intended to encourage the development of affordable rental housing within the Town. These types of dwelling units are also commonly referred to as mother-in- law units, granny flats, and second dwelling units. (Ord. 22-509 § 2)

17.156.020 Definitions.

A. The definitions in this section shall apply to this chapter only. Unless otherwise defined in this section, the definitions in Section

17.236.010 shall apply.
11/16/22, 2:40 PM Chapter 17.156 ACCESSORY DWELLING UNITS https://library.qcode.us/lib/yountville_ca/pub/municipal_code/item/title_17-division_4-chapter_17_156?view=all 2/9 B. “Accessory dwelling unit” or “ADU” means an attached or a detached residential dwelling unit, which provides complete independent living facilities for one or more persons. An ADU shall not have direct access to the primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel the primary dwelling unit is situated. An accessory dwelling unit also includes the following:

1. An efficiency unit, as defined in Section 17958.1 of the Health and Safety Code; and

2. A manufactured home, as defined in Section 18007 of the Health and Safety Code.

C. “Attached accessory dwelling unit” means an accessory dwelling unit that is attached to the primary dwelling unit, not including a junior accessory dwelling unit.

D. “Detached accessory dwelling unit” means an accessory dwelling unit in a separate structure from the primary dwelling unit.

E. “Efficiency kitchen” means a cooking facility with appliances, a food preparation counter, and storage cabinets, all of which must be of reasonable size in relation to the size of the junior accessory dwelling unit.

F. “Floor area” has the same meaning as defined in Section 17.100.020.

G. “Garage” has the same meaning as defined in Section 17.236.010.

H. “Junior accessory dwelling unit” or “JADU” means a residential dwelling unit that is no more than 500 square feet in size and contained entirely within an existing single-family structure. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the primary dwelling unit and have direct access to the primary dwelling unit. Junior accessory dwelling units are limited to one per residential lot zoned for single-family residences with a single-family residence built, or proposed to be built, on the lot.

I. “Lot coverage” means the percentage of the total lot area that is occupied by buildings or structures that are roofed or otherwise covered or that are unroofed and have a finished floor
J. “Primary dwelling unit” means an existing single-family dwelling located on a lot in any of the following zones—RS (Single-Family Residential), RM (Mixed Residential), H (Old Town Historic), MPR (Mobile Home Park), and PD (Planned Development)—if the property’s existing single-family dwelling is legal, whether conforming or nonconforming. (Ord. 22-509 § 2)

17.156.030 Site and layout standards.
11/16/22, 2:40 PM Chapter 17.156 ACCESSORY DWELLING UNITS https://library.qcode.us/lib/yountville_ca/pub/municipal_code/item/title_17-division_4-chapter_17_156?view=all 3/9 If the Planning Officer determines that an accessory dwelling unit or a junior accessory dwelling unit meets the following requirements, the Planning Officer shall approve the application for the unit. Unless specifically relating to one unit or the other, all accessory dwelling units and junior accessory dwelling units shall meet the following requirements:

A. Zoning.

1. Pursuant to Section 17.12.010 (General Requirements for New Development and Land Uses) accessory dwelling units and junior accessory dwelling units are only permitted in the following zoning districts:
a. A (Agriculture), RS (Single-Family Residential), RM (Mixed Residential), H (Old Town Historic), MPR (Mobile Home Park), and PD (Planned Development).

2. Accessory dwelling units and junior accessory dwelling units are prohibited in the PP (Parks and Playfields), PF (Public Facilities), PC (Primary Commercial), RSC (Residential-Scaled Commercial), OTC (Old Town Commercial), RC (Retained Commercial), and MU (Mixed Use Overlay) zones.

B. Historic Properties.

1. An accessory dwelling unit or a junior accessory dwelling unit proposed for an historic property shall:
a. Be located in the rear of the property such that at least 50% of the unit’s first floor, front-facing façade is behind the predominant massing of the existing dwelling.
b. Not be placed in a manner to block visibility of the historic resource from the public right-of-way or compete with characterdefining features of the historic resource.

C. Floor Area of ADUs.

1. The maximum size of the floor area of an accessory dwelling unit shall not exceed 850 square feet or, if the accessory dwelling unit provides more than one bedroom, 1,000 square feet.

2. Nothing in this chapter shall prohibit an accessory dwelling unit that is at least 800 square feet, 16 feet in height, and constructed in compliance with all other local development standards.

D. Floor Area of JADUs.
11/16/22, 2:40 PM Chapter 17.156 ACCESSORY DWELLING UNITS https://library.qcode.us/lib/yountville_ca/pub/municipal_code/item/title_17-division_4-chapter_17_156?view=all 4/9

1. The maximum size of the floor area of a junior accessory dwelling unit shall not exceed 500 square feet.

2. The minimum size of the floor area of a junior accessory dwelling unit shall be greater than 220 square feet, pursuant to the International Building Code of the International Code Council Standards.

E. Lot Coverage.

1. The maximum lot coverage shall be no greater than 60%.

2. The lot must contain an existing single-family detached dwelling unit and no other dwelling units. There shall be no more than one accessory dwelling unit and one junior accessory dwelling unit per lot with a single-family dwelling.

F. Setbacks. The setback standards for accessory dwelling units are as follows:

1. Front yard setback—consistent with applicable setback regulations in Division 2 of Title 17.

2. Side yard setback—four feet.

3. Rear yard setback—four feet.

4. There are no setback requirements 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 into an accessory dwelling unit or portion of an accessory dwelling unit.

G. Height Limits. Accessory dwelling units shall not exceed one-story or 16 feet in height measured to top of parapet or pitched roof, unless the accessory dwelling unit is contained within the existing legal two-story space of a single-family detached dwelling unit; added above or below an existing legal single-family detached dwelling unit; or added above an existing legal one-story detached garage on a property with an existing legal two-story single-family detached dwelling unit; and consistent with the setback and height regulations of Divisions 2 and 3 of Title 17. Accessory dwelling units shall not exceed two stories in height in all cases.

H. Parking.

1. A minimum of one screened off-street parking space shall be provided for each accessory dwelling unit. Surface parking may encroach up to 15 feet into the rear setback. The additional on-site parking space required for the accessory dwelling unit may be provided by tandem parking.
11/16/22, 2:40 PM Chapter 17.156 ACCESSORY DWELLING UNITS https://library.qcode.us/lib/yountville_ca/pub/municipal_code/item/title_17-division_4-chapter_17_156?view=all 5/9

2. If an existing garage, carport, or covered parking structure is to be demolished in conjunction with the construction of an accessory dwelling unit, the required off-street parking for the primary dwelling unit need not be replaced. Replacement parking spaces may be provided in any configuration on the lot, including, but not limited to, covered, uncovered, or tandem spaces, or by the use of mechanical automobile parking lifts.

3. Notwithstanding any other provision of this code, no additional parking shall be required for an accessory dwelling unit if any of the following is true:
a. The unit is located within one-half mile walking distance of a public transit stop; b. The unit is located within an architecturally and historically significant historic district; c. The unit is part of the existing primary dwelling unit or an existing accessory structure; d. On-street permits are required but not offered to the occupant of the unit; or e. There is a publicly accessible car share vehicle located within one block of the unit. (Ord. 22-509 § 2)

17.156.040 Development standards.

Accessory dwelling units and junior accessory dwelling units are subject to the following development standards:

A. Facilities.

1. An accessory dwelling unit and a junior accessory dwelling unit shall have the following features located within the unit:
a. Independent heating controls, and cooling controls if air conditioning is provided. b. Its own kitchen with sink and standard built-in or freestanding appliances, except that a junior accessory dwelling unit shall have an efficiency kitchen.
c. Its own bathroom with toilet, sink, and tub or shower, except that a junior accessory dwelling unit may share these facilities with the primary dwelling unit.
d. Indoor washer and dryer hookups, except that a junior accessory dwelling unit may share these facilities with the primary dwelling unit.
11/16/22, 2:40 PM Chapter 17.156 ACCESSORY DWELLING UNITS https://library.qcode.us/lib/yountville_ca/pub/municipal_code/item/title_17-division_4-chapter_17_156?view=all 6/9 e. Exterior access independent from the primary dwelling unit. Except for a junior accessory dwelling unit, there shall be no shared access with the primary dwelling unit.

B. Utilities.

1. A new or separate utility connection shall be required for all accessory dwelling units that are not described in subparagraph (A) of paragraph (1) of subdivision (e) of Section 65852.2 of the California Government Code.

2. A connection fee and capacity charge for utilities, including water and sewer service, shall be charged for such accessory dwelling units proportionate to the additional burden the unit places on the service(s) provided. No impact fee shall be charged for a unit smaller than 750 square feet.

C. Building Code. An accessory dwelling unit and a junior accessory dwelling unit shall meet minimum building code requirements prior to occupancy of the unit. An accessory dwelling unit and a junior accessory dwelling unit shall be required to have a permanent foundation.

D. Appearance.

1. The design of an accessory dwelling unit and a junior accessory dwelling unit shall be substantially similar to the primary dwelling unit on the lot and the predominant architectural style of adjacent residences. The Planning Officer shall make this determination based on architectural use of forms, height, materials, colors, and landscaping.

2. For an accessory dwelling unit or junior accessory dwelling unit that includes a second story, any window, door, or deck of a second story shall be located and designed utilizing techniques that lessen the impacts on the privacy of adjacent properties. These techniques shall include one or more of the following: use of obscured glazing, window placement above eye level, orientation of windows, doors, and decks toward the existing on-site residence, or screening treatments.

3. An accessory dwelling unit and a junior accessory dwelling unit shall require landscaping. If the existing development lacks landscaping, the applicant shall submit a landscape screening plan.

4. A minimum of 100 square feet shall be provided for use as common space by an accessory dwelling unit and a junior accessory dwelling unit, of which no less than half shall be directly accessible to the unit.

E. Primary and Accessory Dwellings Not Separable. An accessory dwelling unit and a junior accessory dwelling unit shall not be sold separately from the primary dwelling unit and may be rented, provided any rental complies with Chapter 8.08 and Section 17.12.010(C)(1) of this code.
11/16/22, 2:40 PM Chapter 17.156 ACCESSORY DWELLING UNITS https://library.qcode.us/lib/yountville_ca/pub/municipal_code/item/title_17-division_4-chapter_17_156?view=all 7/9 F. Occupancy and Rental.

1. On all lots containing an accessory dwelling unit or a junior accessory dwelling unit, either the primary dwelling unit, the accessory dwelling unit, or the junior accessory dwelling unit shall be owner-occupied and eligible for a “homeowners’ exemption” for property tax purposes. The owner occupancy requirement in this subsection is not operative between January 1, 2020, and January 1, 2025.

2. An accessory dwelling unit and a junior accessory dwelling unit shall not be rented for occupancy by individuals for periods of less than 90 consecutive days.

3. The owner shall sign a “Notice of Restrictions: Occupancy, Sale and Rental,” which the Town will record with the County Recorder’s office, prior to issuance of a building permit for the accessory dwelling unit or the junior accessory dwelling unit, acknowledging the requirements of subsections (E)(1), (F)(1) and (F)(2) of this section.

G. Short-term Rentals. Short-term rental of an accessory dwelling unit or a junior accessory dwelling unit for less than 30 days is prohibited.

H. Fees.

1. An application for an accessory dwelling unit and/or a junior accessory dwelling unit shall be submitted to the Town along with the appropriate fee as established from time to time by resolution of the Town Council.

2. The Town may impose a fee on the applicant in connection with approval of an accessory dwelling unit for the purpose of defraying all or a portion of the cost of public facilities related to its development, as provided for in Government Code Sections 65852.2(f)(1) and 66000(b).

3. The Town will not consider an accessory dwelling unit or a junior accessory dwelling unit to be a new residential use for purposes of calculating connection fees or capacity charges for utilities, including water and sewer service, unless the unit is constructed with a new single-family or multifamily dwelling.

4. Any development 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 accessory dwelling unit.

5. The Town may charge a fee to inspect an accessory dwelling unit or a junior accessory dwelling unit to determine compliance with applicable building standards.
11/16/22, 2:40 PM Chapter 17.156 ACCESSORY DWELLING UNITS https://library.qcode.us/lib/yountville_ca/pub/municipal_code/item/title_17-division_4-chapter_17_156?view=all 8/9 I. Permit Approval. All proposed accessory dwelling units and junior accessory dwelling units are subject to review for compliance with the terms of this chapter by the Planning Officer, via a zoning clearance. The Planning Officer shall complete the review of the application within 60 days of receipt of a complete submission. Review of, and the denial of or granting of, an application by the Town is a ministerial action. The Planning Officer shall not approve an application or issue a permit unless the proposed accessory dwelling unit or junior accessory dwelling unit complies with the requirements of this chapter. The decision of the Planning Officer shall be final and conclusive.

J. Permit Termination.

1. A permit for an accessory dwelling unit or a junior accessory dwelling unit shall terminate when one or more of the following occur:
a. The construction of the accessory dwelling unit or the junior accessory dwelling unit is not commenced within one year from the date of permit issuance;
b. The construction of the accessory dwelling unit or the junior accessory dwelling unit has been abandoned or discontinued for 180 consecutive days or more;
c. The owner of the accessory dwelling unit or the junior accessory dwelling unit files a declaration with the Planning Officer that the permit has been abandoned or discontinued and the unit has been removed from the property; or d. The permit has expired by its own terms. (Ord. 22-509 § 2)

17.156.050 Development standards for JADUs.

A junior accessory dwelling unit shall be built within the structure of an existing or proposed primary dwelling unit. if built within the structure of an existing primary dwelling unit, a junior accessory dwelling unit may include an addition to the primary dwelling unit of up to 150 square feet. (Ord. 22-509 § 2)
Contact:

Town Hall: 707-944-8851
11/16/22, 2:40 PM Chapter 17.156 ACCESSORY DWELLING UNITS https://library.qcode.us/lib/yountville_ca/pub/municipal_code/item/title_17-division_4-chapter_17_156?view=all 9/9 Published by Quality Code Publishing, Seattle, WA. By using this site, you agree to the terms of use.

Assembly Bill No. 2221
CHAPTER 650
An act to repeal and amend Section 65852.2 of the Government Code, relating to land use.
[Approved by Governor September 28, 2022. Filed with
Secretary of State September 28, 2022.]
legislative counsel’s digest
AB 2221, Quirk-Silva. Accessory dwelling units.

The Planning and Zoning Law, among other things, provides for the creation of accessory dwelling units by local ordinance, or, if a local agency has not adopted an ordinance, by ministerial approval, in accordance with specified standards and conditions. Existing law requires a local ordinance to require an accessory dwelling unit to be either attached to, or located within, the proposed or existing primary dwelling, as specified, or detached from the proposed or existing primary dwelling and located on the same lot as the proposed or existing primary dwelling.

This bill would specify that an accessory dwelling unit that is detached from the proposed or existing primary dwelling may include a detached garage.

Existing law requires a permitting agency to act on an application to create an accessory dwelling unit or a junior accessory dwelling unit within specified timeframes.

This bill would require a permitting agency to approve or deny an application to serve an accessory dwelling unit or a junior accessory dwelling unit within the same timeframes. If a permitting agency denies an application for an accessory dwelling unit or junior accessory dwelling unit, the bill would require a permitting agency to return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant within the same timeframes. The bill would define “permitting agency” for its purposes.

Existing law authorizes a local agency to establish minimum and maximum unit size requirements for attached and detached accessory dwelling units, subject to certain exceptions, including that a local agency is prohibited from establishing limits on lot coverage, floor area ratio, open space, and minimum lot size, that do not permit the construction of at least an 800 square foot accessory dwelling unit, as specified.

This bill would additionally prohibit a local agency from establishing limits on front setbacks, as described above.

90 STATE OF CALIFORNIA

AUTHENTICATED

ELECTRONIC LEGAL MATERIAL
This bill would incorporate additional changes to Section 65852.2 of the Government Code proposed by SB 897 to be operative only if this bill and SB 897 are enacted and this bill is enacted last.

By imposing additional duties on local governments in the administration of the development of accessory dwelling units, the bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

The people of the State of California do enact as follows:

SECTION 1. Section 65852.2 of the Government Code, as amended by Section 1 of Chapter 343 of the Statutes of 2021, 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 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)  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. 90 Ch. 650 — 2 —
(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, including detached garages. (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)  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 90 — 3 — Ch. 650
or 65906 or any local ordinance regulating the issuance of variances or special use permits. The permitting agency shall approve or deny an application to create or serve an accessory dwelling unit or a junior accessory dwelling unit within 60 days from the date the permitting agency receives a completed application if there is an existing single-family or multifamily dwelling on the lot. If the permit application to create or serve an accessory dwelling unit or a junior accessory dwelling unit is submitted with a permit application to create or serve a new single-family or multifamily dwelling on the lot, the permitting agency may delay approving or denying the permit application for the accessory dwelling unit or the junior accessory dwelling unit until the permitting agency approves or denies the permit application to create or serve the new single-family or multifamily dwelling, but the application to create or serve 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 approved or denied 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 or service of an accessory dwelling unit.
(B)  If a permitting agency denies an application for an accessory dwelling unit or junior accessory dwelling unit pursuant to subparagraph (A), the permitting agency shall, within the time period described in subparagraph (A), return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant.
(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 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 90 Ch. 650 — 4 —
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. (8)  (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, except that, subject to subparagraphs (B) and (C), a local agency may require an applicant for a permit issued pursuant to this subdivision to be an owner-occupant.
(B)  (i)  Notwithstanding subparagraph (A), a local agency shall not impose an owner-occupant requirement on an accessory dwelling unit before January 1, 2025.
(ii)  Notwithstanding subparagraph (A), a local agency shall not impose an owner-occupant requirement on an accessory dwelling unit that was permitted between January 1, 2020, and January 1, 2025. (C)  Notwithstanding subparagraphs (A) and (B), a local agency may require that an accessory dwelling unit be used for rentals of terms longer than 30 days.
(b)  (1)  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 or serve 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 either approve or deny the application to create an accessory dwelling unit or a junior accessory dwelling unit within 60 days from the date the permitting agency receives a completed application if there is an existing single-family or multifamily dwelling on the lot. If the permit application to create or serve an accessory dwelling unit or a junior accessory dwelling unit is submitted with a permit application to create a new single-family or multifamily dwelling on the lot, the permitting agency may delay approving or denying the permit application for the accessory dwelling unit or the junior accessory dwelling unit until the permitting agency approves or denies the permit application to create or serve the new single-family or multifamily dwelling, but the application to create or serve 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 approved or denied the completed application within 60 days, the application shall be deemed approved.
(2)  If a permitting agency denies an application for an accessory dwelling unit or junior accessory dwelling unit pursuant to paragraph (1), the permitting agency shall, within the time period described in subparagraph (1), return in writing a full set of comments to the applicant with a list of 90 — 5 — Ch. 650
items that are defective or deficient and a description of how the application can be remedied by the applicant.
(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, front setbacks, 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 onstreet 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 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 90 Ch. 650 — 6 —
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 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 (8) of subdivision (a).
(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. (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. (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, 90 — 7 — Ch. 650
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 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 shall supersede a conflicting local ordinance. 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.
90 Ch. 650 — 8 —
(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 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.
90 — 9 — Ch. 650
(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. (11)  “Permitting agency” means any entity that is involved in the review of a permit for an accessory dwelling unit or junior accessory dwelling unit and for which there is no substitute, including, but not limited to, applicable planning departments, building departments, utilities, and special districts. (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), 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.

SEC. 1.5. Section 65852.2 of the Government Code, as amended by Section 1 of Chapter 343 of the Statutes of 2021, 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:
90 Ch. 650 — 10 —
(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 objective 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 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)  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, including detached garages. (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 90 — 11 — Ch. 650
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, except that the construction of an accessory dwelling unit shall not constitute a Group R occupancy change under the local building code, as described in Section 310 of the California Building Code (Title 24 of the California Code of Regulations), unless the building official or enforcement agency of the local agency makes a written finding based on substantial evidence in the record that the construction of the accessory dwelling unit could have a specific, adverse impact on public health and safety. Nothing in this clause shall be interpreted to prevent a local agency from changing the occupancy code of a space that was unhabitable space or was only permitted for nonresidential use and was subsequently converted for residential use pursuant to this section.
(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. The construction of an accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling. (2)  The ordinance shall not be considered in the application of any local ordinance, policy, or program to limit residential growth. (3)  (A)  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 either approve or deny the application to create or serve an accessory dwelling unit or a junior accessory dwelling unit within 60 days from the date the permitting agency receives a completed application if there is an existing single-family or multifamily dwelling on the lot. If the permit application to create or serve an accessory dwelling unit or a junior accessory dwelling unit is submitted with a permit application to create a new single-family or multifamily dwelling on the 90 Ch. 650 — 12 —
lot, the permitting agency may delay approving or denying the permit application for the accessory dwelling unit or the junior accessory dwelling unit until the permitting agency approves or denies the permit application to create the new single-family or multifamily dwelling, but the application to create or serve 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 approved or denied 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. (B)  If a permitting agency denies an application for an accessory dwelling unit or junior accessory dwelling unit pursuant to subparagraph (A), the permitting agency shall, within the time period described in subparagraph (A), return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant.
(4)  The ordinance shall require that a demolition permit for a detached garage that is to be replaced with an accessory dwelling unit be reviewed with the application for the accessory dwelling unit and issued at the same time.
(5)  The ordinance shall not require, and the applicant shall not be otherwise required, to provide written notice or post a placard for the demolition of a detached garage that is to be replaced with an accessory dwelling unit, unless the property is located within an architecturally and historically significant historic district.
(6)  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.
(7)  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. (8)  (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, except that, subject to subparagraphs (B) and (C), a local agency may require an applicant for a permit issued pursuant to this subdivision to be an owner-occupant.
90 — 13 — Ch. 650
(B)  (i)  Notwithstanding subparagraph (A), a local agency shall not impose an owner-occupant requirement on an accessory dwelling unit before January 1, 2025.
(ii)  Notwithstanding subparagraph (A), a local agency shall not impose an owner-occupant requirement on an accessory dwelling unit that was permitted between January 1, 2020, and January 1, 2025. (C)  Notwithstanding subparagraphs (A) and (B), a local agency may require that an accessory dwelling unit be used for rentals of terms longer than 30 days.
(9)  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.
(10)  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)  (1)  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 or serve 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 either approve or deny the application to create or serve an accessory dwelling unit or a junior accessory dwelling unit within 60 days from the date the permitting agency receives a completed application if there is an existing single-family or multifamily dwelling on the lot. If the permit application to create or serve an accessory dwelling unit or a junior accessory dwelling unit is submitted with a permit application to create or serve a new single-family or multi-family dwelling on the lot, the permitting agency may delay approving or denying the permit application for the accessory dwelling unit or the junior accessory dwelling unit until the permitting agency approves or denies the permit application to create or serve the new single-family or multifamily dwelling, but the application to create or serve 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 approved or denied the completed application within 60 days, the application shall be deemed approved.
(2)  If a permitting agency denies an application for an accessory dwelling unit or junior accessory dwelling unit pursuant to paragraph (1), the permitting agency shall, within the time period described in subparagraph (1), return in writing a full set of comments to the applicant with a list of 90 Ch. 650 — 14 —
items that are defective or deficient and a description of how the application can be remedied by the applicant.
(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 requirement for a zoning clearance or separate zoning review or 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, front setbacks, and minimum lot size, for either attached or detached dwellings that does not permit at least an 800 square foot accessory dwelling unit with four-foot side and rear yard setbacks to be constructed in compliance with all other local development standards.
(D)  Any height limitation that does not allow at least the following, as applicable:
(i)  A height of 16 feet for a detached accessory dwelling unit on a lot with an existing or proposed single family or multifamily dwelling unit. (ii)  A height of 18 feet for a detached accessory dwelling unit on a lot with an existing or proposed single family or multifamily dwelling unit that is within one-half of one mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code. A local agency shall also allow an additional two feet in height to accommodate a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the primary dwelling unit. (iii)  A height of 18 feet for a detached accessory dwelling unit on a lot with an existing or proposed multifamily, multistory dwelling. (iv)  A height of 25 feet or the height limitation in the local zoning ordinance that applies to the primary dwelling, whichever is lower, for an accessory dwelling unit that is attached to a primary dwelling. This clause shall not require a local agency to allow an accessory dwelling unit to exceed two stories.
(d)  Notwithstanding any other law, and whether or not the local agency has adopted an ordinance governing accessory dwelling units in accordance with subdivision (a), all of the following shall apply:
(1)  The local agency shall not impose any parking standards for an accessory dwelling unit in any of the following instances:
(A)  Where the accessory dwelling unit is located within one-half mile walking distance of public transit.
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(B)  Where the accessory dwelling unit is located within an architecturally and historically significant historic district.
(C)  Where the accessory dwelling unit is part of the proposed or existing primary residence or an accessory structure.
(D)  When onstreet parking permits are required but not offered to the occupant of the accessory dwelling unit.
(E)  When there is a car share vehicle located within one block of the accessory dwelling unit.
(F)  When a permit application for an accessory dwelling unit is submitted with a permit application to create a new single-family dwelling or a new multifamily dwelling on the same lot, provided that the accessory dwelling unit or the parcel satisfies any other criteria listed in this paragraph. (2)  The local agency shall not deny an application for a permit to create an accessory dwelling unit due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction 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 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 as provided in clause (i), (ii), or (iii) as applicable, of subparagraph (D) of paragraph (2) of subdivision (c). (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, 90 Ch. 650 — 16 —
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)  (i)  Not more than two accessory dwelling units that are located on a lot that has an existing or proposed multifamily dwelling, but are detached from that multifamily dwelling and are subject to a height limitation in clause (i), (ii), or (iii), as applicable, of subparagraph (D) of paragraph (2) of subdivision (c) and rear yard and side setbacks of no more than four feet. (ii)  If the existing multifamily dwelling has a rear or side setback of less than four feet, the local agency shall not require any modification of the existing multifamily dwelling as a condition of approving the application to construct an accessory dwelling unit that satisfies the requirements of this subparagraph.
(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. The construction of an accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in the existing multifamily dwelling. (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 (8) of subdivision (a).
(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. (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. (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 objective 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 90 — 17 — Ch. 650
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 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 shall supersede a conflicting local ordinance. 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 90 Ch. 650 — 18 —
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)  “Objective standards” means 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.
(8)  “Passageway” means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit. 90 — 19 — Ch. 650
(9)  “Permitting agency” means any entity that is involved in the review of a permit for an accessory dwelling unit or junior accessory dwelling unit and for which there is no substitute, including, but not limited to, applicable planning departments, building departments, utilities, and special districts. (10)  “Proposed dwelling” means a dwelling that is the subject of a permit application and that meets the requirements for permitting. (11)  “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.
(12)  “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), 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.

SEC. 2. Section 65852.2 of the Government Code, as amended by Section 2 of Chapter 343 of the Statutes of 2021, is repealed.

SEC. 3. Section 1.5 of this bill incorporates amendments to Section 65852.2 of the Government Code proposed by both this bill and Senate Bill 897. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2023, (2) each bill amends Section 65852.2 of the Government Code, and (3) this bill is enacted after Senate Bill 897, in which case Section 1 of this bill shall not become operative.
90 Ch. 650 — 20 —
SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.

O
90 — 21 — Ch. 650
Senate Bill No. 897
CHAPTER 664
An act to amend Section 65852.22 of, to add Section 65852.23 to, and to repeal and amend Section 65852.2 of, the Government Code, and to amend Section 17980.12 of the Health and Safety Code, relating to land use.
[Approved by Governor September 28, 2022. Filed with
Secretary of State September 28, 2022.]
legislative counsel’s digest
SB 897, Wieckowski. Accessory dwelling units: junior accessory dwelling units.
(1) Existing law, the Planning and Zoning Law, authorizes a local agency, by ordinance or ministerial approval, to provide for the creation of accessory dwelling units in areas zoned for residential use, as specified. Existing law authorizes a local agency to impose standards on accessory dwelling units that include, but are not limited to, parking, height, setback, landscape, architectural review, and maximum size of a unit.

This bill would require that the standards imposed on accessory dwelling units be objective. For purposes of this requirement, the bill would define “objective standard” as a standard that involves no personal or subjective judgment by a public official and is uniformly verifiable, as specified. The bill would also prohibit a local agency from denying an application for a permit to create an accessory dwelling unit due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the accessory dwelling unit.

This bill would require a local agency to review and issue a demolition permit for a detached garage that is to be replaced by an accessory dwelling unit at the same time as it reviews and issues the permit for the accessory dwelling unit. The bill would prohibit an applicant from being required to provide written notice or post a placard for the demolition of a detached garage that is to be replaced by an accessory dwelling unit, as specified.

Existing law provides that an accessory dwelling unit may either be an attached or detached residential dwelling unit, and prescribes the minimum and maximum unit size requirements, height limitations, and setback requirements that a local agency may establish, including a 16-foot height limitation and a 4-foot side and rear setback requirement.

This bill would increase the maximum height limitation that may be imposed by a local agency on an accessory dwelling unit to 18 feet if the accessory dwelling unit is within 1⁄2 mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined, or if the

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ELECTRONIC LEGAL MATERIAL
accessory dwelling unit is detached and on a lot that has an existing multifamily, multistory dwelling, as specified. The bill would increase the maximum height limitation that may be imposed by a local agency on an accessory dwelling unit to 25 feet if the accessory dwelling unit is attached to a primary dwelling, except as specified.

Existing law requires an ordinance that provides for the creation of an accessory dwelling unit to require accessory dwelling units to comply with local building code requirements that apply to detached dwellings, as appropriate. Existing law also prohibits an ordinance from requiring an accessory dwelling unit to provide fire sprinklers if they are not required for the primary residence.

This bill would provide that the construction of an accessory dwelling unit does not constitute a Group R occupancy change under the local building code, except as specified. The bill would prohibit the construction of an accessory dwelling unit from triggering a requirement that fire sprinklers be installed in the existing primary dwelling.

Existing law provides that a local agency must ministerially approve an application for a building permit within a residential or mixed-use zone to create not more than 2 accessory dwelling units that are located on a lot that has an existing multifamily dwelling, but are detached from that multifamily dwelling and are subject to a height limitation of 16 feet and a 4-foot side and rear setback requirement.

This bill would change the height limitation applicable to an accessory dwelling unit subject to ministerial approval to 18 feet if the accessory dwelling unit is within 1⁄2 mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined, or if the accessory dwelling unit is detached and on a lot that has an existing multifamily, multistory dwelling, as specified. The bill would change the height limitation applicable to an accessory dwelling unit subject to ministerial approval to 25 feet if the accessory dwelling unit is attached to a primary dwelling, except as specified. The bill, if the existing multifamily dwelling exceeds applicable height requirements or has a rear or side setback of less than 4 feet, would prohibit a local agency from requiring any modification to the existing multifamily dwelling to satisfy these requirements. The bill would prohibit a local agency from rejecting an application for an accessory dwelling unit because the existing multifamily dwelling exceeds applicable height requirements or has a rear or side setback of less than 4 feet.

Existing law prohibits a local agency from imposing parking standards on certain accessory dwelling units, including those that are located within 1 ⁄2 -mile walking distance of public transit.

This bill would also prohibit a local agency from imposing any parking standards on an accessory dwelling unit that is included in an application to create a new single-family dwelling unit or a new multifamily dwelling on the same lot, provided that the accessory dwelling unit meets other specified requirements.

Existing law, when a local agency has not adopted an ordinance governing accessory dwelling units, requires a permitting agency to act on an 89 Ch. 664 — 2 —
application to create an accessory dwelling unit or a junior accessory dwelling unit within specified timeframes.

This bill would require a permitting agency to return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant, if the permitting agency denies an application for an accessory dwelling unit or junior accessory dwelling unit.
(2) Existing law also provides for the creation of junior accessory dwelling units by local ordinance, or, if a local agency has not adopted an ordinance, by ministerial approval, in accordance with specified standards and conditions. Existing law requires an ordinance that provides for the creation of a junior accessory dwelling unit to, among other things, (A) require that the unit be constructed within the walls of the proposed or existing single-family residence, (B) require that the unit include a separate entrance from the main entrance to the proposed or existing single-family residence, and (C) require owner-occupancy in the single-family residence in which the junior accessory dwelling unit is permitted.

This bill would specify that enclosed uses within the proposed or existing single-family residence, such as attached garages, are considered a part of the proposed or existing single-family residence. The bill would require a junior accessory dwelling unit that does not include a separate bathroom to include a separate entrance from the main entrance to the structure, with an interior entry to the main living area. The bill would also prohibit a local agency from denying an application for a permit to create a junior accessory dwelling unit due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the junior accessory dwelling unit.
(3) Existing law requires a local agency, in enforcing building standards applicable to accessory dwelling units, to delay enforcement for up to 5 years upon the owner submitting an application requesting the delay on the basis that correcting the violation is not necessary to protect health and safety.

This bill would prohibit a local agency from denying a permit for an unpermitted accessory dwelling unit that was constructed before January 1, 2018, because, among other things, the unit is in violation of building standards or state or local standards applicable to accessory dwelling units, unless the local agency makes a finding that correcting the violation is necessary to protect the health and safety of the public or occupants of the structure. This bill would specify that this prohibition does not apply to a building that is deemed substandard under specified provisions of law. (4)  Existing law requires the Department of Housing and Community Development to administer various programs intended to promote the development of housing, including the Multifamily Housing Program, pursuant to which the department provides financial assistance in the form of deferred payment loans to pay for the eligible costs of development for specified activities.
89 — 3 — Ch. 664
This bill would state the intent of the Legislature that accessory dwelling unit grant programs provide funding for predevelopment costs and facilitate accountability and oversight, as specified.
(5)  This bill would incorporate additional changes to Section 65852.2 of the Government Code proposed by AB 2221 to be operative only if this bill and AB 2221 are enacted and this bill is enacted last.
(6)  By imposing new duties on local governments with respect to the approval of accessory dwelling units and junior accessory dwelling units, the bill would impose a state-mandated local program.

This bill would provide that no reimbursement is required by this act for a specified reason.

The people of the State of California do enact as follows:

SECTION 1. It is the intent of the Legislature to ensure that grant programs that fund the construction and maintenance of accessory dwelling units undertake both of the following:
(a) Provide funding for predevelopment costs, such as development of plans and permitting of accessory dwelling units.
(b) Facilitate accountability and oversight, including annual reporting on outcomes to the Legislature.

SEC. 2. Section 65852.2 of the Government Code, as amended by Section 1 of Chapter 343 of the Statutes of 2021, 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 objective 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 Historical Resources. These standards shall not include requirements on minimum lot size.
89 Ch. 664 — 4 —
(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)  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 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, except that the construction of an accessory dwelling unit shall not constitute a Group R occupancy change under the local building code, as described in Section 310 of the California Building Code (Title 24 of the California Code of Regulations), unless the building official or enforcement agency of the local agency makes a written finding based on substantial evidence in the record that the construction of the accessory dwelling unit could have a specific, adverse impact on public health and safety. Nothing in this clause shall be interpreted to prevent a local agency from changing the occupancy code of a space that was unhabitable space or was only permitted for nonresidential use and was subsequently converted for residential use pursuant to this section.
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(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. The construction of an accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling. (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 either approve or deny 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 or multifamily dwelling on the lot, the permitting agency may delay approving or denying the permit application for the accessory dwelling unit or the junior accessory dwelling unit until the permitting agency approves or denies 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 approved or denied 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.
(4)  The ordinance shall require that a demolition permit for a detached garage that is to be replaced with an accessory dwelling unit be reviewed 89 Ch. 664 — 6 —
with the application for the accessory dwelling unit and issued at the same time.
(5)  The ordinance shall not require, and the applicant shall not be otherwise required, to provide written notice or post a placard for the demolition of a detached garage that is to be replaced with an accessory dwelling unit, unless the property is located within an architecturally and historically significant historic district.
(6)  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.
(7)  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. (8)  (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, except that, subject to subparagraphs (B) and (C), a local agency may require an applicant for a permit issued pursuant to this subdivision to be an owner-occupant.
(B)  (i)  Notwithstanding subparagraph (A), a local agency shall not impose an owner-occupant requirement on an accessory dwelling unit before January 1, 2025.
(ii)  Notwithstanding subparagraph (A), a local agency shall not impose an owner-occupant requirement on an accessory dwelling unit that was permitted between January 1, 2020, and January 1, 2025. (C)  Notwithstanding subparagraphs (A) and (B), a local agency may require that an accessory dwelling unit be used for rentals of terms longer than 30 days.
(9)  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.
(10)  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. 89 — 7 — Ch. 664
(b)  (1)  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 or serve 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 either approve or deny the application to create or serve an accessory dwelling unit or a junior accessory dwelling unit within 60 days from the date the permitting agency receives a completed application if there is an existing single-family or multifamily dwelling on the lot. If the permit application to create or serve an accessory dwelling unit or a junior accessory dwelling unit is submitted with a permit application to create or serve a new single-family or multifamily dwelling on the lot, the permitting agency may delay approving or denying the permit application for the accessory dwelling unit or the junior accessory dwelling unit until the permitting agency approves or denies the permit application to create or serve the new single-family dwelling or multifamily dwelling, but the application to create or serve 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 approved or denied the completed application within 60 days, the application shall be deemed approved.
(2)  If a permitting agency denies an application for an accessory dwelling unit or junior accessory dwelling unit pursuant to paragraph (1), the permitting agency shall, within the time period described in paragraph (1), return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant.
(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 requirement for a zoning clearance or separate zoning review or 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 with four-foot side and rear yard 89 Ch. 664 — 8 —
setbacks to be constructed in compliance with all other local development standards.
(D)  Any height limitation that does not allow at least the following, as applicable:
(i)  A height of 16 feet for a detached accessory dwelling unit on a lot with an existing or proposed single family or multifamily dwelling unit. (ii)  A height of 18 feet for a detached accessory dwelling unit on a lot with an existing or proposed single family or multifamily dwelling unit that is within one-half of one mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code. A local agency shall also allow an additional two feet in height to accommodate a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the primary dwelling unit. (iii)  A height of 18 feet for a detached accessory dwelling unit on a lot with an existing or proposed multifamily, multistory dwelling. (iv)  A height of 25 feet or the height limitation in the local zoning ordinance that applies to the primary dwelling, whichever is lower, for an accessory dwelling unit that is attached to a primary dwelling. This clause shall not require a local agency to allow an accessory dwelling unit to exceed two stories.
(d)  Notwithstanding any other law, and whether or not the local agency has adopted an ordinance governing accessory dwelling units in accordance with subdivision (a), all of the following shall apply:
(1)  The local agency shall not impose any parking standards for an accessory dwelling unit in any of the following instances:
(A)  Where the accessory dwelling unit is located within one-half mile walking distance of public transit.
(B)  Where the accessory dwelling unit is located within an architecturally and historically significant historic district.
(C)  Where the accessory dwelling unit is part of the proposed or existing primary residence or an accessory structure.
(D)  When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit.
(E)  When there is a car share vehicle located within one block of the accessory dwelling unit.
(F)  When a permit application for an accessory dwelling unit is submitted with a permit application to create a new single-family dwelling or a new multifamily dwelling on the same lot, provided that the accessory dwelling unit or the parcel satisfies any other criteria listed in this paragraph. (2)  The local agency shall not deny an application for a permit to create an accessory dwelling unit due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction 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:
89 — 9 — Ch. 664
(A)  One accessory dwelling unit 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 as provided in clause (i), (ii), or (iii) as applicable, of subparagraph (D) of paragraph (2) of subdivision (c). (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)  (i)  Not more than two accessory dwelling units that are located on a lot that has an existing or proposed multifamily dwelling, but are detached from that multifamily dwelling and are subject to the applicable height limitation in clause (i), (ii), or (iii), as applicable, of subparagraph (D) of paragraph (2) of subdivision (c) and rear yard and side setbacks of no more than four feet.
(ii)  If the existing multifamily dwelling has a rear or side setback of less than four feet, the local agency shall not require any modification of the existing multifamily dwelling as a condition of approving the application to construct an accessory dwelling unit that satisfies the requirements of this subparagraph.
(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.
89 Ch. 664 — 10 —
(3)  The installation of fire sprinklers shall not be required in an accessory dwelling unit if sprinklers are not required for the primary residence. The construction of an accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in the existing multifamily dwelling. (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 (8) of subdivision (a).
(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. (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. (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 objective 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 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 89 — 11 — Ch. 664
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 89 Ch. 664 — 12 —
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)  “Objective standards” means 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.
(8)  “Passageway” means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit. (9)  “Permitting agency” means any entity that is involved in the review of a permit for an accessory dwelling unit or junior accessory dwelling unit and for which there is no substitute, including, but not limited to, applicable planning departments, building departments, utilities, and special districts. (10)  “Proposed dwelling” means a dwelling that is the subject of a permit application and that meets the requirements for permitting. (11)  “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.
(12)  “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.
89 — 13 — Ch. 664
(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), 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.

SEC. 2.5. Section 65852.2 of the Government Code, as amended by Section 1 of Chapter 343 of the Statutes of 2021, 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 objective 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 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:
89 Ch. 664 — 14 —
(i)  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, including detached garages. (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, except that the construction of an accessory dwelling unit shall not constitute a Group R occupancy change under the local building code, as described in Section 310 of the California Building Code (Title 24 of the California Code of Regulations), unless the building official or enforcement agency of the local agency makes a written finding based on substantial evidence in the record that the construction of the accessory dwelling unit could have a specific, adverse impact on public health and safety. Nothing in this clause shall be interpreted to prevent a local agency from changing the occupancy code of a space that was unhabitable space or was only permitted for nonresidential use and was subsequently converted for residential use pursuant to this section.
(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.
89 — 15 — Ch. 664
(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. The construction of an accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling. (2)  The ordinance shall not be considered in the application of any local ordinance, policy, or program to limit residential growth. (3)  (A)  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 either approve or deny the application to create or serve an accessory dwelling unit or a junior accessory dwelling unit within 60 days from the date the permitting agency receives a completed application if there is an existing single-family or multifamily dwelling on the lot. If the permit application to create or serve an accessory dwelling unit or a junior accessory dwelling unit is submitted with a permit application to create a new single-family or multifamily dwelling on the lot, the permitting agency may delay approving or denying the permit application for the accessory dwelling unit or the junior accessory dwelling unit until the permitting agency approves or denies the permit application to create the new single-family or multifamily dwelling, but the application to create or serve 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 approved or denied 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. (B)  If a permitting agency denies an application for an accessory dwelling unit or junior accessory dwelling unit pursuant to subparagraph (A), the permitting agency shall, within the time period described in subparagraph (A), return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant.
(4)  The ordinance shall require that a demolition permit for a detached garage that is to be replaced with an accessory dwelling unit be reviewed with the application for the accessory dwelling unit and issued at the same time.
(5)  The ordinance shall not require, and the applicant shall not be otherwise required, to provide written notice or post a placard for the 89 Ch. 664 — 16 —
demolition of a detached garage that is to be replaced with an accessory dwelling unit, unless the property is located within an architecturally and historically significant historic district.
(6)  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.
(7)  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. (8)  (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, except that, subject to subparagraphs (B) and (C), a local agency may require an applicant for a permit issued pursuant to this subdivision to be an owner-occupant.
(B)  (i)  Notwithstanding subparagraph (A), a local agency shall not impose an owner-occupant requirement on an accessory dwelling unit before January 1, 2025.
(ii)  Notwithstanding subparagraph (A), a local agency shall not impose an owner-occupant requirement on an accessory dwelling unit that was permitted between January 1, 2020, and January 1, 2025. (C)  Notwithstanding subparagraphs (A) and (B), a local agency may require that an accessory dwelling unit be used for rentals of terms longer than 30 days.
(9)  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.
(10)  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)  (1)  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 or serve an accessory dwelling unit pursuant to this subdivision, the local agency shall approve or disapprove the 89 — 17 — Ch. 664
application ministerially without discretionary review pursuant to subdivision (a). The permitting agency shall either approve or deny the application to create or serve an accessory dwelling unit or a junior accessory dwelling unit within 60 days from the date the permitting agency receives a completed application if there is an existing single-family or multifamily dwelling on the lot. If the permit application to create or serve an accessory dwelling unit or a junior accessory dwelling unit is submitted with a permit application to create or serve a new single-family or multifamily dwelling on the lot, the permitting agency may delay approving or denying the permit application for the accessory dwelling unit or the junior accessory dwelling unit until the permitting agency approves or denies the permit application to create or serve the new single-family or multifamily dwelling, but the application to create or serve 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 approved or denied the completed application within 60 days, the application shall be deemed approved.
(2)  If a permitting agency denies an application for an accessory dwelling unit or junior accessory dwelling unit pursuant to paragraph (1), the permitting agency shall, within the time period described in paragraph (1), return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant.
(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 requirement for a zoning clearance or separate zoning review or 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, front setbacks, and minimum lot size, for either attached or detached dwellings that does not permit at least an 800 square foot accessory dwelling unit with four-foot side and rear yard setbacks to be constructed in compliance with all other local development standards.
(D)  Any height limitation that does not allow at least the following, as applicable:
89 Ch. 664 — 18 —
(i)  A height of 16 feet for a detached accessory dwelling unit on a lot with an existing or proposed single family or multifamily dwelling unit. (ii)  A height of 18 feet for a detached accessory dwelling unit on a lot with an existing or proposed single family or multifamily dwelling unit that is within one-half of one mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code. A local agency shall also allow an additional two feet in height to accommodate a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the primary dwelling unit. (iii)  A height of 18 feet for a detached accessory dwelling unit on a lot with an existing or proposed multifamily, multistory dwelling. (iv)  A height of 25 feet or the height limitation in the local zoning ordinance that applies to the primary dwelling, whichever is lower, for an accessory dwelling unit that is attached to a primary dwelling. This clause shall not require a local agency to allow an accessory dwelling unit to exceed two stories.
(d)  Notwithstanding any other law, and whether or not the local agency has adopted an ordinance governing accessory dwelling units in accordance with subdivision (a), all of the following shall apply:
(1)  The local agency shall not impose any parking standards for an accessory dwelling unit in any of the following instances:
(A)  Where the accessory dwelling unit is located within one-half mile walking distance of public transit.
(B)  Where the accessory dwelling unit is located within an architecturally and historically significant historic district.
(C)  Where the accessory dwelling unit is part of the proposed or existing primary residence or an accessory structure.
(D)  When onstreet parking permits are required but not offered to the occupant of the accessory dwelling unit.
(E)  When there is a car share vehicle located within one block of the accessory dwelling unit.
(F)  When a permit application for an accessory dwelling unit is submitted with a permit application to create a new single-family dwelling or a new multifamily dwelling on the same lot, provided that the accessory dwelling unit or the parcel satisfies any other criteria listed in this paragraph. (2)  The local agency shall not deny an application for a permit to create an accessory dwelling unit due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction 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 and one junior accessory dwelling unit per lot with a proposed or existing single-family dwelling if all of the following apply:
89 — 19 — Ch. 664
(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 as provided in clause (i), (ii), or (iii) as applicable, of subparagraph (D) of paragraph (2) of subdivision (c). (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)  (i)  Not more than two accessory dwelling units that are located on a lot that has an existing or proposed multifamily dwelling, but are detached from that multifamily dwelling and are subject to a height limitation in clause (i), (ii), or (iii), as applicable, of subparagraph (D) of paragraph (2) of subdivision (c) and rear yard and side setbacks of no more than four feet. (ii)  If the existing multifamily dwelling has a rear or side setback of less than four feet, the local agency shall not require any modification of the existing multifamily dwelling as a condition of approving the application to construct an accessory dwelling unit that satisfies the requirements of this subparagraph.
(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. The construction of an accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in the existing multifamily dwelling. 89 Ch. 664 — 20 —
(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 (8) of subdivision (a).
(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. (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. (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 objective 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 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 89 — 21 — Ch. 664
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 shall supersede a conflicting local ordinance. 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 89 Ch. 664 — 22 —
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)  “Objective standards” means 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.
(8)  “Passageway” means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit. (9)  “Permitting agency” means any entity that is involved in the review of a permit for an accessory dwelling unit or junior accessory dwelling unit and for which there is no substitute, including, but not limited to, applicable planning departments, building departments, utilities, and special districts. (10)  “Proposed dwelling” means a dwelling that is the subject of a permit application and that meets the requirements for permitting. (11)  “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.
(12)  “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 89 — 23 — Ch. 664
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), 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.

SEC. 3. Section 65852.2 of the Government Code, as amended by Section 2 of Chapter 343 of the Statutes of 2021, is repealed.

SEC. 4. Section 65852.22 of the Government Code is 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 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 the proposed or existing single-family residence. For purposes of this paragraph, enclosed uses within the residence, such as attached garages, are considered a part of the proposed or existing single-family residence.
(5)  (A)  Require a permitted junior accessory dwelling unit to include a separate entrance from the main entrance to the proposed or existing single-family residence.
89 Ch. 664 — 24 —
(B)  If a permitted junior accessory dwelling unit does not include a separate bathroom, the permitted junior accessory dwelling unit shall include a separate entrance from the main entrance to the structure, with an interior entry to the main living area.
(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)  (1)  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 either approve or deny the application to create or serve 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 or serve a junior accessory dwelling unit is submitted with a permit application to create or serve a new single-family dwelling on the lot, the permitting agency may delay approving or denying the permit application for the junior accessory dwelling unit until the permitting agency approves or denies the permit application to create or serve the new single-family dwelling, but the application to create or serve 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. (2)  If a permitting agency denies an application for a junior accessory dwelling unit pursuant to paragraph (1), the permitting agency shall, within the time period described in paragraph (1), return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant. (d)  A local agency shall not deny an application for a permit to create a junior accessory dwelling unit pursuant to this section due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and that are not affected by the construction of the junior accessory dwelling unit.
(e)  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, 89 — 25 — Ch. 664
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.
(f)  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.
(g)  This section shall not be construed to prohibit a local agency from adopting an ordinance or regulation related to 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 that ordinance or regulation applies uniformly to all single-family residences regardless of whether the single-family residence includes a junior accessory dwelling unit.
(h)  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.
(i)  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.
(3)  “Permitting agency” means any entity that is involved in the review of a permit for an accessory dwelling unit or junior accessory dwelling unit and for which there is no substitute, including, but not limited to, applicable planning departments, building departments, utilities, and special districts.

SEC. 5. Section 65852.23 is added to the Government Code, to read:
65852.23. (a)  Notwithstanding any other law, and except as otherwise provided in subdivision (b), a local agency shall not deny a permit for an unpermitted accessory dwelling unit that was constructed before January 1, 2018, due to either of the following:
(1)  The accessory dwelling unit is in violation of 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.
(2)  The accessory dwelling unit does not comply with Section 65852.2 or any local ordinance regulating accessory dwelling units. (b)  Notwithstanding subdivision (a), a local agency may deny a permit for an accessory dwelling unit subject to subdivision (a) if the local agency makes a finding that correcting the violation is necessary to protect the health and safety of the public or occupants of the structure. 89 Ch. 664 — 26 —
(c)  The section shall not apply to a building that is deemed substandard pursuant to Section 17920.3 of the Health and Safety Code.

SEC. 6. Section 17980.12 of the Health and Safety Code is amended 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)  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 a violation on the primary dwelling unit, provided that correcting the violation is not necessary to protect health and safety.
(4)  The enforcement agency shall grant an application described in paragraph (2) if the enforcement agency 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.
(5)  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 (4).
(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.

SEC. 7. Section 2.5 of this bill incorporates amendments to Section 65852.2 of the Government Code proposed by both this bill and Assembly Bill 2221. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2023, (2) each bill amends Section 65852.2 of the Government Code, and (3) this bill 89 — 27 — Ch. 664
is enacted after Assembly Bill 2221, in which case Section 2 of this bill shall not become operative.

SEC. 8. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.

O
89 Ch. 664 — 28 —
6550 Yount Street
Town of Yountville Yountville, CA 94599
Staff Report
Agenda Item #: 9B
Yountville Town Council Staff Report
DATE: January 3, 2023
TO: Mayor and Town Council
FROM: Diane Levine, Assistant Planner
Applicant: Roy Eisiminger/Mike Cappon for Jessup Cellars Owner: Roy Eisiminger
Location: 6740 Washington Street (APN 036-033-013)
Land Use Classification: OTC Old Town Commercial; -MU Mixed Use Overlay SUBJECT:

Consider Adoption of Resolution Number 23-4171 Approving a Use Permit Amendment to increase the annual number of allowed special events from 15 to 38 for Jessup Cellars located at 6720 and 6740 Washington Street (APN 036-033-013).

PROJECT SITE
Jessup Cellars is located on an approximately 9,590-square-foot parcel that fronts on Washington Street. The property is currently zoned Old Town Commercial-Mixed Use Overlay (OTC-MU). Surrounding uses include Stewart Cellars to the north, a multifamily home owned by Restoration Hardware to the south, and a residential property to the east, which is separated by an existing parking lot in the back of the parcel.

DISCUSSION/BACKGROUND
Jessup Cellars is the longest operating tasting room in Yountville, with its initial Use Permit being approved in 2003. Since that time, Jessup Cellar’s Use Permit has been amended several times to stay current with changing needs of the Town, customer expectations, and the business. In 2008, the Town Council approved Resolution 2697-08, which allowed Jessup Cellars to expand their tasting room into the former Volakis Gallery space next door and to install new signage. In 2015, the Town Council approved Resolution 15-3223 to allow the conversion of a 318-square-foot detached residential unit into a private tasting room. In 2018, the Town Council approved Resolution 18-3740 to allow for wine tasking service for 16 seats/guests in the outdoor patio space. These resolutions can be found in Attachment D.

The applicant is proposing to modernize its current Use Permit as it relates to Marketing Events held at the tasting room. More specifically, the applicant is seeking to amend the current Use Permit to increase the number of allowed Marketing Events from 15 events annually to 38, with no more than one event per week.

Event times would remain unchanged and would serve members, private groups, and events open to the public, as the current Use Permit does. The majority of event sizes would remain the same (no more than 50 people). As the business has grown over the years, so too has its desire to expand the number of special events. The requested amendment is being made in response to changes in demand for events and local tourism and an increasing membership base.

The term “Marketing Events” and “Special Events” are at times used interchangeably to describe activities held by businesses that exceed their typical hours of operation and/or activities. The term “Special Events” is primarily used to describe larger gatherings of 200 or more people for which a Special Use Permit is required. “Marketing Event(s),” for the purpose of differentiating from a Special Event, are events approved as part of the Use Permit for the business that exceed the scope of daily business operations in that they are organized activities that allow consumption of wine by the glass or bottle, have outdoor service by the employees or offer outdoor music and entertainment.

CURRENT USE PERMIT AS IT RELATES TO MARKETING EVENTS AND AMENDMENT REQUEST The current Use Permit that provides detail on special events (Resolution No.2697-08 or Attachment B) for Jessup Cellars allows the following as it relates to Marketing Events:
a. Special event shall be defined as an event with a group exceeding 15 persons or extending beyond normal operating hours
b. Up to 15 special events annually
c. A maximum of 50 persons shall be permitted at special events at any given time d. Special Event hours: 10am-10pm

PROPOSED
The applicant is requesting to amend the list of permitted Marketing Events described above, to the following:
a. Two private wine club events for up to 100 people
b. 36 private or public ticketed events for up to 50 people c. No more than one event shall be held per week.

The proposed amendment would not change any other aspect of the existing Use Permit (e.g., hours of operation, previous conditions of approval, etc.).

ANALYSIS
NUMBER OF EMPLOYEES AND PARKING:

The number of employees needed for Marketing Events would be two or three on average, with a maximum of five. This maximum is the same for the number of employees in the tasting during normal business operations.

Should there be hired caterers for an event, three to six additional people may be on site.

Parking for event employees and guests will be accommodated through a combination of on-site and on-street parking. Jessup Cellars has a total of 11 parking spaces in the back of the building. Five of these spaces and five on-street parking spaces located near Yountville Community Park are used to satisfy the Employee Parking Management program (See Attachment C for more information). Given that Marketing Events would not occur during the hours of daily operations, the six on-site parking spaces not being used for employee parking would be available for event guests, as they are now. In addition, on-street parking along Washington Street tends to be available during evening hours because most other businesses are closed, and thus could be used to accommodate guest parking during events. There are 24 public parking spaces along the western border of Yountville Community Park and 31 public parking spaces, including two ADA parking spaces, along the park’s northern border. It is anticipated that larger events (more than 25 guests) would be corporate groups and therefore would use shuttle services or other hired drivers. Guests and event planners would be emailed a full-color labeled map indicating sanctioned parking areas.

When considering the number of parking spaces available on-site, available parking along areas of north and mid-Washington Street during evening hours, and the use of shuttle services for larger corporate events, Staff believes the impact of a possible increased number of employees on-site and guest parking demands during events would be manageable with the implementation of certain measures.

INTENSIFICATION AND VOLUME:

The existing number of Marketing Events currently allowed at Jessup Cellars (fifteen) is approximately one-half of the average number of events permitted at most other tasting rooms that hold Marketing Events (twenty-nine). Provided below are examples of the number of events allowed annually for other tasting rooms:

Heron House: 60 Annually
Handwritten: 37 Annually
Stewart Cellars: 18 Annually
Cornerstone Cellars: 16 Annually
Maisonry: 24 Annually
Former Girard Winery: 24 Annually
The proposed increase to 38 events annually would bring the use into closer alignment with the number of Marketing Events allowed at other tasting rooms in town. It should also be noted that the request to have two events with up to 100 people permitted is not uncommon. Both Handwritten and the Maisonary have three and four events where up to 100 or 125 people are allowed. All attendees of events would be off the property by 10 pm, as permitted by the existing Use Permit.

Staff is recommending that the following conditions be required should the Town Council decide to approve the requested Use Permit Amendment:

1. No more than 36 events shall be held annually, spread evenly throughout the year, occurring no more than once a week, with a maximum of up to 50 people and with all attendees off the premises by 10 pm.

2. No more than two events shall be held annually, occurring no more than once a week, with a maximum of up to 100 people and with all attendees off the premises by 10 pm.

3. Details of special events, including the purpose of the event, hours, attendance, whether there is to be catering, music, or entertainment, and a parking management plan shall be reported to the Planning Department at least 10 days prior to the event. The Planning and Building Department may condition any aspect of the event for the smooth and proper functioning of the event.

4. Staff shall perform an annual review of special events after the business has operated under the modified Use Permit for one year. Any significant impacts shall be reported to the Town Council and the Town Council shall have the ability to adjust any elements of the special events to mitigate impacts.

ADDITIONAL INFORMATION:

Pursuant to Yountville Municipal Code Section 17.200.060 Findings and Decision, following the public hearing, the Town Council may approve the application and authorize a use permit if from the facts presented all of the following findings can be made:

A. The proposed use, at the intensity represented and at the proposed location, will provide a use that is compatible with the neighborhood and community; Comment
The proposed amendment would not fundamentally change the existing use and therefore remains compatible with the neighborhood and community. Events would be limited to no more than one per week and parking is not anticipated to impact adjacent residences as the maximum number of persons would not increase outside of two events per year, for which parking can be accommodated for.

B. The proposed use will not be detrimental to the health, safety, convenience or general welfare of persons residing or working in the vicinity, or injurious to property, improvements or potential development in the vicinity;
Comment
It is anticipated that the proposed increase in the number of Marketing Events would be managed the same way existing events are now, and therefore would not be detrimental to the health, safety, convenience, or general welfare of persons residing or working in the vicinity. The request would not be injurious to property as events would be held on-site, nor would it be injurious to future development.

C. The proposed use would not conflict with the Town’s goal of achieving economic sustainability with a mix of varied commercial services;
Comment
The proposed amendment would assist in the business maintaining economic viability by allowing a greater number of marketing events to serve today’s guest expectations. Approval of the proposed amendment would also serve to advance the Town’s goal of economic sustainability as the increase in customer service is likely to retain current locals and visitors, as well as create the possibility to draw more locals and visitors. There would be no change to the commercial services that the business currently provides.

D. The proposed use will not impair accessibility or traffic patterns for persons and vehicles based on the type and volume of anticipated traffic, will provide safe and adequate ingress and egress, and will furnish adequate off-street parking and loading for both customers and employees to the extent deemed feasible by the decision-making body; Comment
Because the maximum number of guests per event (50) would remain the same as allowed within the existing Use Permit for 36 out of the 38 events, the low number of employees needed for events, mitigation with the use of parking management plans, direct access to the parking lot in the rear of the building from Washington Street, and the available parking along Washington Street typically available in the evening hours, it is anticipated that the proposed amendment would not impair traffic patterns and adequate parking will be available for customers and employees and without impacting neighborhood streets.

E. The proposed use provides sufficient safeguards to prevent noxious or offensive emissions such as glare, dust and odors, or levels of noise which may exceed the Town’s noise regulations;
Comment
It is not anticipated that the proposed use would increase noise or other offensive emissions beyond what is currently acceptable. Furthermore, the proposed removal of the four (4) most populous events may create a decrease of existing impacts.

F. The proposed use does not require excessive amounts of water or generate excessive amounts of waste;
Comment
The proposed amendment would not result in the use of an excessive amount of water or generate excessive amounts of waste.

G. The existing or proposed utility, police and fire services are adequate to serve the proposed use; Comment
The proposed amendment would not create a significant impact in the number of persons in the Town at one time and would not require a change in the type of use. Current police, fire and utility services are adequate to the proposed change in marketing events.

H. The proposed use will comply with all applicable provisions of Title 17 and will be consistent with the policies and standards of the General Plan; and
Comment
The proposed amendment would be consistent with the policies and standards of the General Plan and Title 17 of the Yountville Municipal Code and will be subject to conditions of approval that ensure compliance with applicable regulations and policies.

I. For properties in the Retail Overlay District, the proposed use enhances retail opportunities within the commercial code of the Town and the proposed use maximizes active uses along the Washington Street core business area and in doing so enhances the pedestrian activity and interest. (Ord. 21-105 § 9)
Comment
The subject property is not within the Retail Overlay District.

ZONING AND DESIGN REVIEW BOARD – REVIEW AND COMMENTS
On December 13, 2022, the Zoning and Design Review Board (ZDRB) conducted a noticed public hearing to review the proposed Use Permit Amendment. After receiving the Staff report, a presentation from Town Staff, with a few comments, the ZDRB passed a motion recommending the Town Council approve the proposed Use Permit Amendment as presented.

Although there were no recommended changes to the proposed Use Permit Amendment request or recommended Conditions of Approval, a summary of the ZDRB’s discussion is provided below.

Two Large Events on the Same Day:

During consideration of the two larger-sized events for up to 100 attendees, the board inquired about potential parking impacts should two wine tasting businesses propose a larger sized event on the same evening. Staff responded by advising that the Planning & Building Department has the authority to review and condition events in advance and would not approve two larger-sized events to occur on the same end of town (either the north end or southern end of Washington Street) on the same day.

Parking in Residential Neighborhoods:

Two ZDRB board members brought up the question of how restricted parking to keep attendees from parking in residential areas would be managed. To the Town’s knowledge, larger events, such as what is being proposed by the Applicant, have effectively managed parking through their parking management practices as conditioned with the approval of their Use Permit. The applicant provides colored maps indicating parking areas, which are sent to the attendees prior to the event, and event staff is educated on the parking policies This would be the case for this approval as well, as outlined in Condition ”d”. in the draft Resolution (Attachment A).

ENVIRONMENTAL REVIEW
The recommended action has been determined to be exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3).

STRATEGIC PLAN GOAL
Is item Identified in Strategic Plan? Yes
If yes, Identify Strategic Goal and Objective. Premier Destination: The Town values its residents, rich history, natural environment, culinary excellence, arts, and distinguished businesses that make our home a place people love.

Briefly Explain Relationship to Strategic Plan Goal and Objective. By permitting its businesses to provide improved hospitality and service, the Town fulfills its goal to remain a premier destination.

RECOMMENDATION
Receive Staff Report and direct questions to Staff.

Receive the applicant's presentation.

Conduct the public hearing and receive testimony.

Conduct Council discussion on proposed Use Permit amendments.

Adopt Resolution 23-4171 Approving a Use Permit Amendment to increase the annual number of allowed special events from 15 to 38 for Jessup Cellars located at 6720 and 6740 Washington Street (APN 036- 033-013).

Town of Yountville
Resolution Number 23-4171

A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF YOUNTVILLE APPROVING

A USE PERMIT AMENDMENT TO INCREASE THE ANNUAL NUMBER OF ALLOWED SPECIAL EVENTS FROM 15 TO 38 FOR JESSUP CELLARS LOCATED AT 6720 AND 6740 WASHINGTON STREET (APN 036-033-013)
Recitals
A. An application for a Use Permit Amendment was received by the Planning & Building Department for Jessup Cellars to increase the annual number of allowed special events from 15 to 38.

B. The Zoning & Design Review Board (ZDRB) reviewed the Staff Report and received a presentation on the Use Permit Amendment request on December 13th, 2022 in which the ZDRB forwarded their recommendation to approve the Use Permit Amendment as presented.

C. The Yountville Town Council conducted a duly noticed public hearing on January 3, 2023, to receive comments and testimony from the public.

D. The project is exempt from the California Environmental Quality Act of 1970 pursuant to Section 15061(b)(3).

E. As required by the Town of Yountville Municipal Code Section 17.200.060 Findings and Decision, the Town Council herby makes the following findings for the requested Use Permit:

1. The proposed use, at the intensity represented and at the proposed location, will provide a use that is compatible with the neighborhood and community; The proposed amendment would not fundamentally change the existing use and therefore remains compatible with the neighborhood and community. Events would be limited to no more than one per week and parking is not anticipated to impact adjacent residences as the maximum number of persons would not increase outside of two events per year, for which parking can be accommodated for.

2. The proposed use will not be detrimental to the health, safety, convenience or general welfare of persons residing or working in the vicinity, or injurious to property, improvements or potential development in the vicinity;
It is anticipated that the proposed increase in the number of Marketing Events would be managed the same way existing events are now, and therefore would not be detrimental to the health, safety, convenience, or general welfare of persons residing or working in the vicinity. The request would not be injurious to property as events would be held on-site, nor would it be injurious to future development.

3. The proposed use would not conflict with the Town’s goal of achieving economic sustainability with a mix of varied commercial services; The proposed amendment would assist in the business maintaining economic viability by allowing a greater number of marketing events to serve today’s guest expectations.

Resolution Number 23-4171
Approval of the proposed amendment would also serve to advance the Town’s goal of economic sustainability as the increase in customer service is likely to retain current locals and visitors, as well as create the possibility to draw more locals and visitors. There would be no change to the commercial services that the business currently provides.

4. The proposed use will not impair accessibility or traffic patterns for persons and vehicles based on the type and volume of anticipated traffic, will provide safe and adequate ingress and egress, and will furnish adequate off-street parking and loading for both customers and employees to the extent deemed feasible by the decisionmaking body; Because the maximum number of guests per event (50) would remain the same as allowed within the existing Use Permit for 36 out of the 38 events, the low number of employees needed for events, mitigation with the use of parking management plans, direct access to the parking lot in the rear of the building from Washington Street, and the available parking along Washington Street typically available in the evening hours, it is anticipated that the proposed amendment would not impair traffic patterns and adequate parking will be available for customers and employees and without impacting neighborhood streets.

5. The proposed use provides sufficient safeguards to prevent noxious or offensive emissions such as glare, dust and odors, or levels of noise which may exceed the Town’s noise regulations;
It is not anticipated that the proposed use would increase noise or other offensive emissions beyond what is currently acceptable. Furthermore, the proposed removal of the four (4) most populous events may create a decrease of existing impacts.

6. The proposed use does not require excessive amounts of water or generate excessive amounts of waste;
The proposed amendment would not result in the use of an excessive amount of water or generate excessive amounts of waste.

7. The existing or proposed utility, police and fire services are adequate to serve the proposed use;
The proposed amendment would not create a significant impact in the number of persons in the Town at one time and would not require a change in the type of use. Current police, fire and utility services are adequate to the proposed change in marketing events.

8. The proposed use will comply with all applicable provisions of Title 17 and will be consistent with the policies and standards of the General Plan; and The proposed amendment would be consistent with the policies and standards of the General Plan and Title 17 of the Yountville Municipal Code and will be subject to conditions of approval that ensure compliance with applicable regulations and policies.

9. For properties in the Retail Overlay District, the proposed use enhances retail opportunities within the commercial code of the Town and the proposed use maximizes active uses along the Washington Street core business area and in doing so enhances the pedestrian activity and interest. (Ord. 21-105 § 9) Resolution Number 23-4171
The subject property is not within the Retail Overlay District.

Now therefore, the Town Council of the Town of Yountville does resolve as follows:

1. The Use Permit Amendment for Jessup Cellars is hereby approved, subject to the following conditions of approval:
a. Conditions of approval contained in Resolution Numbers 2097-03, 2697-08, 15-3223, 18- 3470, 17-3564, and any former resolutions related to the property at 6720 and 6740 Washington Street shall remain in full force and effect and are incorporated by reference except as modified herein.
b. Up to 36 private or public ticketed special events are permitted annually, spread evenly throughout the year, occurring no more than once per week, for up to 50 people. c. Up to two special events are permitted annually, occurring no more than once in one week, with a maximum of up to 100 people and with all attendees off the premises by 10 pm. d. Details of special events, including the purpose of the event, hours, attendance, whether there is to be catering, music, or entertainment, and a parking management plan shall be reported to the Planning & Building Department at least 10 days prior to the event. The Planning and Building Department may condition any aspect of the event for the smooth and proper function of the event.
e. Staff shall perform an annual review of special events after the business has operated under the modified Use Permit for one year. Any significant impacts shall be reported to the Town Council and the Town Council shall have the ability to adjust any elements of the special events to mitigate impacts.

2. The Resolution is hereby adopted and becomes effective and in full force immediately upon adoption.

PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Yountville, State of California, held on this 3rd day of January 2023 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________
Margie Mohler, Mayor
ATTEST:
_________________________________
Hilary Gaede, Deputy Town Clerk

Town of Yountville
Staff Report
6550 Yount Street
Yountville, CA 94599
Agenda Item #: 10A
Yountville Town Council Staff Report
DATE: January 3, 2023
TO: Mayor and Town Council
FROM: John Ferons, Public Works Director
PREPARED BY: John Ferons, Public Works Director
SUBJECT:

Discussion and Direction to Town Staff to Submit a Letter from the Town Council to CalTrans in Support of the Napa Valley Vine Trail's Cooperative Effort to Move the "Welcome to Napa Valley Sign", currently on Robert Mondavi Winery property to Markham Vineyards property next to the Caltrans staging area west of the northerly terminus of Washington Street adjacent to Yountville.

DISCUSSION/BACKGROUND
The Napa Valley Vine Trail Coalition is a local nonprofit with a vision to build a walking/biking trail system to connect the entire Napa Valley--physically, artistically, and culturally. They are working to design, fund, construct, and maintain 47 safe and scenic miles of level, paved, family-friendly, dog-friendly, free-access Class I trail, stretching from the Vallejo Ferry to Calistoga. At the present time the Vine Trail is complete from Kennedy Park in Napa to Madison Street in Yountville, a distance of 12.5 miles.

The coalition is currently working on the design and amenities for the Yountville to St. Helena segment of the Vine Trail. That segment will run on the west side of State Route 29 from the Madison Street intersection north to the City of St. Helena. As a part of their design effort, the Vine Trail Coalition has partnered with the Napa Valley Vintners on a proposal to move the southern “Welcome to Napa Valley” sign from its present location to a more user-friendly location further south.

The proposed move will mitigate safety issues for visitors to Napa Valley by allowing the Napa Valley Vintners to move the Welcome to Napa Valley Sign, currently on Robert Mondavi Winery property to Markham Vineyards property next to the Caltrans staging area west of Washington Street in Yountville. Both the Napa Valley Vintners, representing over 500 wineries in Napa County and Visit Napa Valley, representing over 90% of the hotels in the Valley enthusiastically endorse this move as it will improve the safety for those visiting the sign and maintain a beautiful background vista that reflects our world class wine growing region. The sign at this location will also be a valued amenity to the Vine Trail, making it a photo-destination for bicyclists and pedestrians along the Vine Trail.

While the location is outside of Town Limits and within Napa County, Yountville is the nearest public agency to where the sign is proposed to be moved. As such, the Vine Trail Coalition is respectfully requesting the Town of Yountville Town Council submit a letter in support of this relocation to the State of California Department of Transportation (Caltrans). The Vine Trail Coalition prepared the language and Town Staff has placed it on Town letterhead for Town Council consideration.

The action being requested on this item is a minute order directing staff to complete the letter, with any revisions prepared by Town Council, and submit it to Caltrans on behalf of the Town Council. Alternatively, Town Council could reject the proposal and direct staff to advise the Vine Trail Coalition that the Council does not support the proposed sign relocation.

ENVIRONMENTAL REVIEW
Not Applicable

FISCAL IMPACT
Is there a Fiscal Impact? No
Is it Currently Budgeted? N/A
Where is it Budgeted? N/A
Is it Mandatory or Discretionary? Discretionary
Is there a Staff Resource Impact? Nominal

STRATEGIC PLAN GOAL
Is item Identified in Strategic Plan?
If yes, Identify Strategic Goal and Objective.

Briefly Explain Relationship to Strategic Plan Goal and Objective.

RECOMMENDATION
Receive staff report and direct questions to staff.

Receive public comment.

Conduct Council discussion and provide direction to staff Quick Note 6 1 of 1
January 3, 2023
CALTRANS; District 4 Office
111 Grand Ave.

Oakland, CA 94612
Attention: District 4 Director, DinaEl-Tawansy
Re: SR 29; Southern “Welcome to Napa Valley” Sign Relocation Dear Ms. El-Tawansy:

Thank you to you and all those at Caltrans’ District 4 who are working to mitigate a significant safety issue for visitors to Napa Valley by allowing the Napa Valley Vintners to move the Welcome to Napa Valley Sign, currently on Robert Mondavi Winery property to Markham Vineyards property next to the Caltrans staging area west of Washington Street just north of the Yountville Town Limits.

While not within the town limits, the Yountville Town Council representing the+/- 3,436 residents (2020 census) in the town closest to the proposed location, enthusiastically endorse this move as it will improve the safety for those visiting the sign and maintain a beautiful background vista thatreflects our world class wine growing region
We also understand that Caltrans and Senator Dodd are working to move Caltrans’ existing staging area along SR 29 next to the proposed sign location to a new staging area 4 miles to the north and east on Silverado Trail. This will allow the current Caltrans parcel to be reused as a rest stop, parking area and trailhead for visitors to the Napa Valley Sign and the Napa Valley Vine Trail. This would be a great addition and we support that as well.

Sincerely,
Margie Mohler, Mayor, Town of Yountville On
behalf of Yountville Town Council
Town of Yountville • 6550 Yount Street • Yountville • California • 94599 Telephone (707) 944-8851 • FAX (707) 944-9619
Town of Yountville
Staff Report
6550 Yount Street
Yountville, CA 94599
Agenda Item #: 10B
Yountville Town Council Staff Report
DATE: January 3, 2023
TO: Mayor and Town Council
FROM: Steve Rogers, Town Manager
PREPARED BY: Steve Rogers, Town Manager
SUBJECT:

Consider Approval of Resolution 23-4172 Awarding the contract for Town Manager Recruitment Services to Bob Murray & Associates in an amount not to exceed $35,000 and to approve allocating $35,000 from the Annual Assigned for Contingencies Budget Fund and transfer to Non-Departmental Fund 01-1010 contract services to cover these contract costs.

DISCUSSION/BACKGROUND
On November 15, 2022 the Town Manager announced his intent to retire and willingness to serve into early 2023 to help with new council orientation and recruitment for a successor. The Town Council provided direction to issue a Request for Proposals (RFP) for Town Manager recruitment services which is an industry-standard approach for this level of position.

At its December 6, 2022 meeting, the newly constituted Town Council confirmed that it wishes to use a professional search firm to recruit the next Town Manager.

The Town received a strong response to its RFP with five (5) firms with strong city manager search experience submitting bids. The firms included:

Peckham & McKenney, Bob Murray & Associates, CPS HR Consulting, Raftelis, and Ralph Andersen and Associates.

On Friday, December 16, 2022 the Town Council screened the submissions down to two firms for finalist interviews which were held on Tuesday, December 20, 2022. At that meeting, the Town Council determined that it wanted to move forward with Bob Murray & Associates to conduct the search and directed the Town Manager to finalize contract details and bring back for final council action at tonight’s meeting.

The inclusion of community engagement into the key attributes of what the community and key stakeholders would like to see in the next Town Manager was a key consideration to the Town Council’s selection process. The Town Council has determined that the recruitment will include both a community survey and a community forum conducted by the search firm as a part of developing the recruitment profile.

Recruitment expenses for a new Town Manager were not anticipated at the time that the budget was approved in July 2022. The Town Council has an approved Annual Assigned for Budget Contingencies Fund of $521,120.00. Staff is recommending the allocation of $35,000 from this fund and transfer to Non-Departmental Fund 01-1010 contract services to cover these contract costs. This allocation will leave a balance of $486,120.00 remaining in the Annual Assigned for Budget Contingencies Fund.

ENVIRONMENTAL REVIEW
Not Applicable

FISCAL IMPACT
Is there a Fiscal Impact? Yes
Is it Currently Budgeted? No
Where is it Budgeted? N/A
Is it Mandatory or Discretionary? Mandatory
Is there a Staff Resource Impact? Yes

STRATEGIC PLAN GOAL
Is item Identified in Strategic Plan? Yes
If yes, Identify Strategic Goal and Objective. Exceptional Town Services and Staff: The Town supports its talented staff who deliver high quality municipal programs and services while maintaining public infrastructure for the benefit of the community. Visionary Leadership: The Town's leadership maintains an open-minded, forward-thinking decision-making process. We value engagement and participation from all members of the community as we work together to create policies and plan for the future.

Briefly Explain Relationship to Strategic Plan Goal and Objective. Selection of the next Town Manager to replace the retiring manager is key to successful implementation of Town Council policies and sound operation of the town organization.

RECOMMENDATION
Receive staff report and direct questions to staff.

Receive public comment.

Conduct Council discussion.

Adopt Resolution Number 23-4172 Awarding the contract for Town Manager Recruitment Services to Bob Murray & Associates in an amount not to exceed $35,000 and to approve allocating $35,000 from the Annual Assigned for Contingencies Budget Fund and transfer to Non-Departmental Fund 01-1010 contract services to cover these contract costs.

Town of Yountville
Resolution Number 23-4172

AWARDING THE CONTRACT FOR TOWN MANAGER RECRUITMENT SERVICES TO BOB MURRAY & ASSOCIATES IN AN AMOUNT NOT TO EXCEED $35,000 AND TO APPROVE ALLOCATING $35,000 FROM THE ANNUAL ASSIGNED FOR CONTINGENCIES BUDGET FUND AND TO TRANSFER TO NON-DEPARTMENATAL FUND 01-1010 CONTRACT SERVICES TO COVER THESE CONTRACT COSTS.

Recitals

1. The Town Manager has announced his plans to retire in early 2023 creating a vacancy and the Town Council has determined to utilize an executive search firm to conduct the recruitment.

2. The Town issued an RFP for recruitment services and received five (5) responses from qualified firms to provide recruitment services.

3. The Town Council determined that it was important that the search process includes community engagement elements and determined that it wanted to include both a community survey and community forum as a part of the search process.

4. The Town Council screened the submittals on December 16, 2022, and then interviewed the finalists on December 20, 2022.

5. The Town Council selected Bob Murray & Associates to provide Town Manager recruitment services and directed Town Manager to negotiate contract and bring back to the Town Council for approval at its January 3, 2023 meeting.

Now, therefore, the Town Council of the Town of Yountville does resolve as follows:

1. To award contract to Bob Murray & Associates in an amount not to exceed $35,000 to provide Town Manager recruitment services.

2. To approve allocating $35,000 from the Annual Assigned for Contingencies Fund and transfer to Non-Departmental Fund 01-1010 Contract Services to cover contract costs.

3. The Resolution is hereby adopted and becomes effective and in full force immediately upon adoption.

PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Yountville, State of California, held on this 3RD day of January 2023 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________
Margie Mohler, Mayor
ATTEST:
_____________________
Eddy Gomez, Town Clerk
PSA #: _______________
Professional Services Agreement – Consultant Services

Page 1 of 16 ends

Yountville City CouncilJanuary 3, 2023

Yountville City Council
January 3, 2023