Accessory Dwelling Units-Staff Report and Exhibits 1-8
PREPARED BY: SALLY ZARNOWITZ, AIA, LEED AP
Planning Manager
Reviewed by: Community Development Director
110 E. Main Street Los Gatos, CA 95030 ● 408-354-6874
www.losgatosca.gov
TOWN OF LOS GATOS
PLANNING COMMISSION
REPORT
MEETING DATE: 09/27/2017
ITEM NO: 3
DATE: SEPTEMBER 22, 2017
TO: PLANNING COMMISSION
FROM: JOEL PAULSON, COMMUNITY DEVELOPMENT DIRECTOR
SUBJECT: CONSIDER AMENDMENTS TO CHAPTER 29 (ZONING REGULATIONS) OF
THE TOWN CODE REGARDING ACCESSORY DWELLING UNITS. TOWN
CODE AMENDMENT APPLICATION A-17-003. PROJECT LOCATION: TOWN
WIDE, APPLICANT: TOWN OF LOS GATOS.
RECOMMENDATION:
Staff recommends that the Planning Commission consider amendments to Chapter 29 (zoning
regulations) of the Town code regarding accessory dwelling units.
CEQA:
The project is Categorically Exempt pursuant to the adopted Guidelines for the Implementation
of the California Environmental Quality Act, Section 15061(b)(3), in that it can be seen with
certainty that there is no possibility that the proposed amendments to the Town Code will have
a significant effect on the environment.
FINDINGS:
As required, pursuant to the adopted Guidelines for the Implementation of the California
Environmental Quality Act, this project is Exempt, Section 15061(b)(3); and
That the Town Code amendments are consistent with the General Plan.
BACKGROUND:
In September of 2016, Governor Brown signed Senate Bill 1069 (Exhibit 1) and Assembly Bill
2299 (Exhibit 2). These bills included amendments to Government Code Section 65852.2
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regarding second (accessory) dwelling unit regulations (Exhibit 3). The intent of the new State
laws is to address the current housing crisis and increase affordable housing opportunities by
allowing more flexibility in land use regulations. Local ordinances that do not wholly conform
to the new State law are superseded until conforming local ordinances are adopted. At the
Town Council Priority Setting Study Session on January 31, 2017, amendments to Chapter 29 of
the Town Code (Zoning Regulations) regarding accessory dwelling units was identified as a
strategic priority. In addition, references to the term “second” dwelling unit appear in other
Town documents, including the 2020 General Plan, the 2015-2023 Housing Element, and the
Residential Design Guidelines.
DISCUSSION:
A. General Plan Goals, Policies and Actions
The proposed Town Code amendments would support the 2015-2023 Housing Element
Goals and Policies to expand housing opportunities for all economic segments of the
community. The proposed amendments to the Accessory Dwelling Unit regulations
(Exhibit 6, page 3) would specifically support the Enhanced Second Unit Policy and
complete Action HOU-1.2, by allowing accessory dwelling units on nonconforming lots
10,000 square feet or greater in the R-1, R-M, and R-1D zones, and lots five acres or
greater in the Hillside Residential zones.
B. Proposed Town Code Amendments
Modifications to Chapter 29, including the following sections, are necessary to bring the
Town Code into conformance with the new State law regarding accessory dwelling units:
ARTICLE I. DIVISION 1. Sec. 29.10.020 Definitions
ARTICLE I. DIVISION 4. Sec. 19.10.150(c)(2) Parking
ARTICLE I. DIVISION 7. Sec. 29.10.305-335 Accessory Dwelling Units
ARTICLE IV. DIVISION 1. Sec. 29.40.015 Accessory Buildings
The required modifications are primarily related to definitions, parking regulations, and
design and development standards for all accessory dwelling units; with specific exceptions
for accessory dwelling units proposed within the existing space of a primary dwelling unit
or an accessory structure.
Staff recommends that the Planning Commission review and comment on the working
Draft Ordinance amendments in general, and specifically requests that the Commission
discuss the questions identified under each topic outlined below.
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SUBJECT: CONSIDER AMENDMENTS THE TOWN CODE REGARDING ACCESSORY
DWELLING UNITS. TOWN CODE AMENDMENT/A-17-003
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Definitions
The proposed amendments (Exhibit 4, page 1) would replace the definition of “Second”
Dwelling Unit with the definition of “Accessory” Dwelling Unit to conform to the new State
law. The definition of an attached accessory dwelling unit would be revised to match
terminology used in the new State law. The definition of an “interior” accessory dwelling
unit would be deleted, and replaced with “contained within the existing space of a primary
dwelling unit or accessory structure” in other section s of Town Code, to more closely
match terminology used in the new State law.
Parking
The new State law mandates that parking requirements for accessory dwelling units shall
not exceed one parking space per unit or per bedroom, and allows local jurisdictions to
reduce or eliminate parking requirements for any accessory dwelling unit. The proposed
amendments to parking requirements (Exhibit 5, page 3) would reduce required parking
for studio or one-bedroom detached accessory dwelling units from two to one space, and
maintain the required parking for two-bedroom detached accessory dwelling units at two
spaces, in compliance with the new State law. The Town may consider reducing or
eliminating these parking requirements to further meet the intent of the new State law.
The new State law mandates that local jurisdictions allow accessory dwelling unit parking in
setback areas in determined locations or through tandem parking, unless specific findings
are made that such parking is not feasible based upon specific site or regional
topographical or fire and life safety conditions, or that it is not permitted anywhere else in
the jurisdiction. Current parking regulations do not allow parking in front setback areas or
as tandem spaces, except in the case of some Planned Development or Specific Plan zones.
The Town is not required, but may consider allowing, parking in the front setback or in a
tandem configuration to further meet the intent of the new State law.
When a garage is demolished in conjunction with the construction of an accessory dwelling
unit, and those parking spaces are required to be replaced, the new State law requires
local jurisdictions to allow the replacement spaces to be located in any configuration on
the lot, including as tandem spaces, or as mechanical automobile lift spaces. The proposed
amendments include these required provisions.
The new State law mandates that local jurisdictions not impose parking requirements for
an accessory dwelling unit that is located within one-half mile of public transit, within an
architecturally and historically significant historic district, or within the existing space of a
primary dwelling unit or accessory structure; or when on-street parking permits are
required but not offered to the occupant of the accessory dwelling unit ; or when there is a
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SUBJECT: CONSIDER AMENDMENTS THE TOWN CODE REGARDING ACCESSORY
DWELLING UNITS. TOWN CODE AMENDMENT/A-17-003
SEPTEMBER 22, 2017
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care share vehicle located within one block of the accessory dwe lling unit. The proposed
amendments include these required exceptions.
Q: Should parking requirements for accessory dwelling units be reduced to one space per
accessory dwelling unit or eliminated?
Q: Should parking spaces required for accessory dwelling units be allowed in front
setback areas, or as tandem spaces?
Design and Development Standards
Permitted zones
The new State law allows local jurisdictions to designate areas where accessory dwelling
units are allowed. Currently accessory dwelling units are allowed on conforming lots in the
R-1, R-M, and R-1D zones. In support of the 2015-2023 Housing Element Enhanced Second
Unit Policy (HOU-1.1), the proposed amendments to accessory dwelling unit design and
development standards (Exhibit 6, page 3) would expand the allowable areas to include
nonconforming lots 10,000 square feet or greater in the R -1, R-M and R-1D zones; and lots
five acres or greater in the Hillside Residential zones, with the recordation of a deed
restriction. The deed restriction would specify that the accessory dwelling unit shall be
offered at a reduced rent that is affordable to a lower income renter (less than 80 percent
AMI) if the unit is occupied by someone other than a member of the household. The Town
may consider expanding the allowable areas to include nonconforming lots less than
10,000 square feet in the R-1, R-M, and R-1D zones, and/or lots less than five acres in the
Hillside Residential zones to further meet the intent of the new State law. Additionally, the
Town may consider whether a deed restriction should be required.
Q. Should the allowable areas be expanded to include nonconforming lots less than
10,000 square feet in the R-1, R-M, and R-1D zones, and/or lots less than five acres in
the Hillside Residential zones?
Q. Should recordation of a deed restriction be required?
Setbacks
The proposed amendments (Exhibit 6, page 3) would clarify that attached accessory
dwelling units are required to meet the setbacks of the zone for the primary dwelling unit.
Detached accessory dwelling units would be required to meet the front and side setbacks
abutting a street of the zone for the primary dwelling unit, consistent with the regulations
for accessory buildings (Exhibit 7, page 1). Detached accessory dwelling units in all zones,
including the R-M zone, would be required to meet a five-foot setback from rear and
interior side property lines.
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SUBJECT: CONSIDER AMENDMENTS THE TOWN CODE REGARDING ACCESSORY
DWELLING UNITS. TOWN CODE AMENDMENT/A-17-003
SEPTEMBER 22, 2017
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The new State law mandates that an accessory dwelling unit shall be permitted if it is
proposed to be contained within the existing space of a primary dwelling unit or accessory
structure. In these cases, the accessory dwelling unit shall only be required to meet
existing side and rear setbacks sufficient for fire safety, per Building Codes.
Height
The proposed amendments (Exhibit 6, page 3) would clarify that all accessory dwelling
units (attached and detached) shall be limited to one story and 15 feet in height. The new
State law mandates that an accessory dwelling unit shall be permitted if it is proposed to
be contained within the existing space of a primary dwelling unit or accessory structure,
and would therefore be permitted within the existing second story space of a primary
dwelling unit or accessory structure. The Town may consider allowing new second story
attached accessory dwelling units to further meet the intent of the new State law.
Q. Should new second story attached accessory dwelling units be allowed?
Size
The new State law includes a provision that no size requirement shall be established by a
local jurisdiction that does not permit at least an efficiency unit (150 square feet) to be
constructed in compliance with local design and development standards, such as setbacks
and height. The proposed amendments (Exhibit 6, page 3) would include this provision.
The proposed amendments would continue to regulate the size of accessory dwelling unit s
through maximum unit size, floor area, and lot coverage. The new State law allows local
jurisdictions to limit the floor area of an accessory dwelling unit to 50 percent of the
existing living area, up to 1,200 square feet. The proposed amendments would increase the
allowable floor area for an attached accessory dwelling unit from 750 to 900 square feet.
The allowable floor area for a detached accessory dwelling unit would be increased from
900 to 1,200 square feet. Accessory dwelling units in Residential zones would not be
subject to the Administrative Procedure for Minor Residential Projects, regardless of
whether they were greater than 450 square feet. Accessory dwelling units in the Hillside
Residential zones would not be subject to discretionary Design Review Committee or
Planning Commission review, regardless of whether they were greater than 600 or 1,000
square feet. The Town may consider adding the floor area limitation of 50 percent of the
existing living area, and increasing the maximum unit size up to 1,200 square feet.
The proposed amendments (Exhibit 6, page 3) would clarify that all accessory dwelling
units (attached and detached) must comply with the floor area ratio standards for the
zone. The proposed amendments would also clarify that accessory dwelling units must
comply with lot coverage maximums for the zone. These maximums include the 40
percent maximum lot area coverage for all buildings; and the 15 percent maximum lot
coverage, exclusive of the required building setbacks, for accessory buildings. The Town
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SUBJECT: CONSIDER AMENDMENTS THE TOWN CODE REGARDING ACCESSORY
DWELLING UNITS. TOWN CODE AMENDMENT/A-17-003
SEPTEMBER 22, 2017
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may consider exceptions to floor area ratio and lot coverage maximums for accessory
dwelling units to further meet the intent of the new State law.
Q: Should the allowable floor area of an attached accessory dwell ing unit be limited to 50
percent of the existing floor area of the primary dwelling unit?
Q: Should the maximum unit size of an attached accessory dwelling unit be increased to
1,200 square feet?
Q: Should exceptions to floor area ratio and/or lot coverage maximums be allowed for
accessory dwelling units?
Conversion of Existing Space
The new State law mandates that an accessory dwelling unit shall be permitted if it is
proposed to be contained within the existing space of a primary dwelling unit or accessory
structure. The proposed amendments (Exhibit 6, page 4) would specify that such an
accessory dwelling unit shall be permitted, with the provisions that it is located within a
permitted zone, has separate entrance from the primary dwelling unit, and has existing
side and rear setbacks sufficient for fire safety. In addition, new accessory dwelling units
proposed to be contained within existing space will not be required to provide parking.
Elimination and/or Demolition of Existing Accessory Dwelling Units
Town Code currently designates the Planning Commission as the decision-making body for
applications for demolition, conversion, removal of accessory dwelling units , and the
construction of new units. State law has superseded the requirement for the construction
of new units. The Town may consider designating the Design Review Committee as the
decision-making body for applications for elimination and/or demolition of accessory
dwelling units.
Q: Should the Design Review Committee be designated as the decision-making body for
applications for elimination and/or demolition of accessory dwelling units?
PUBLIC COMMENTS:
Written comments have been received regarding the proposed project (Exhibit 8).
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SUBJECT: CONSIDER AMENDMENTS THE TOWN CODE REGARDING ACCESSORY
DWELLING UNITS. TOWN CODE AMENDMENT/A-17-003
SEPTEMBER 22, 2017
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CONCLUSION
A. Recommendation
Staff recommends that the Planning Commission begin their review of the proposed draft
Town Code amendments regarding accessory dwelling units and discuss the topics outlined
in this report. Following the Planning Commission’s discussion, staff recommends that the
item be continued to a date certain for further consideration.
EXHIBITS:
1. Senate Bill 1069
2. Assembly Bill 2299
3. Chaptered changes in Government Code Section 65852.2
4. ARTICLE I. DIVISION 1. Sec. 29.10.020 Definitions
5. ARTICLE I. DIVISION 4. Sec. 19.10.150(c)(2) Parking
6. ARTICLE I. DIVISION 7. Sec. 29.10.305-335 Accessory Dwelling Units
7. ARTICLE IV. DIVISION 1. Sec. 29.40.015 Accessory Buildings
8. Public Comments received by 11:00 a.m., Friday, September 22, 2017
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Bill Text -SB-1069 Land use: zoning. Page 1of12
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Senate Bill No. 1069
CHAPTER 720
An act to amend Sections 65582.1, 65583.1, 65589.4, 65852.150, 65852.2, and 66412.2 of the
Government Code, relating to land use.
[Approved by Governor September 27, 2016. Filed with Secretary of State
September 27, 2016. J
LEGISLATIVE COUNSEL'S DIGEST
SB 1069, Wieckowski. Land use: zoning.
The Planning and Zoning Law authorizes the legislative body of a city or county to regulate, among other things,
the intensity of land use, and also authorizes a local agency to provide by ordinance for the creation of 2nd units
in single-family and multifamJ!y residential zones, as specified. That law makes findings and declarations with
rc::>ped to the value of 2nd units to California's housing supply.
This bill would replace the term "second unit" with "accessory dwelling unit" throughout the law. The bill would
additionally find and declare that, among other things, allowing accessory dwelling units in single-family or
multifamily residential zones provides additional rental housing stock, and these units are an essential component
of housing supply in Cal'fornia.
The Planning and Zoning Law authorizes the ordinance for the creation of 2nd units in single-family and
multifamily residential zones to Include specified provisions regard:ng areas where accessory dwelling units may
be located, standards, including the imposition of parking standards, and lot density. Existing law, when a local
agency has not adopted an ordinance governing 2nd un:ts as so described, requires the local agency to approve
or disapprove the application ministerially, as provided.
This bfll would Instead require the ordinance for the creation of accessory dwelling units to include the provisions
described above. The bill would prohibit the imposition of parking standards under specified circumstances. The
blll would revise requirements for the approval or disapproval of an accessory dwelling unit application when a
local agency has not adopted an ordinance. The bill would also require the ministerial approval of an application
for a building permit to create one accessory dwelling unit within the existing space of a single-family residence or
accessory structure, as specified. The bill would prohibit a local agency from requiring an applicant for this permit
to install a new or separate utility connection directly between the unit and the utility or imposing a related
connection fee or capacity charge. The bill would authorize a local agency to impose this requirement for other
accessory dwelling units.
This bill would incorporate additional changes in Section 65852.2 of the Government Code proposed by AB 2299
tha: would become operative only if AB 2299 and this bill are both chaptered and become effective on or before
January 1,.2017, and this bill is·chaptered last.
By increasing the duties of local officials, this bill would impose a state-mandated local program.
EXHIBIT 1
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Bill Text -SB-1069 Land use: zoning. Page 2of12
Th~ t:allforma CoASIJw11011 reou1res thoa state Lo re1mbor!rl} lo.m l :11;;enoes-an<I school districts for certain costs
mandated by lhe state 5tawrory tirM•'ilons estn o llc;J) p rocedures for rl'hlklng H1at rl!lrubutse1n~llt.
Th is bill would aruvide that' no 1 l:'lmbursement tS re(lu lrtod IJV tills act for .a 'Spt.itll lect reason .
Vot:c 11111 1on1v Ap pro1.matto11 ; 110 Fl!itn l Committee: yes Loca l Program: yes
THE P EOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 65582.1 of the Government Code is amended to read:
65582.1 . The Legislature finds and declares that it has provided reforms and incentives to facilitate and expedite
the construction of affordable housing. Those reforms and Incentives can be found in the following provisions:
(a) Housing element law (Article 10.6 (commencing with Section 65580) of Chapter 3).
(b) Extension of statute of limitations In actions challenging the housing element and brought in support of
affordable housing {subdivision (d) of Section 65009).
(c) Restrictions on disapproval of housing developments (Section 65589.5).
(d ) Priority for affordable housing in the allocation of water and sewer hookups (Section 65589.7).
(e) Least cost zoning law (Section 65913 .1 ).
(f) Density bonus law (Section 65915).
(g) Accessory dwelling units (Sections 65852.150 and 65852.2).
(h) By-right housing, in which certain multifamily housing are designated a permitted use (Section 65589 .4).
(i) No-net-loss-in zoning density law limiting downzonlngs and density reductions (Section 65863).
(j) Requiri ng persons who sue to halt affordable housing to pay attorney fees (Section 65914) or post a bond
(Section 529.2 of the Code of Civil Procedure).
(k) Reduced time for action on affordable h ousing applications under the approval of development permits
process (Article 5 (commencing with Section 65950) of Chapter 4 .5).
(I) Limiting moratoriums on multifamily housing (Section 65858).
{m) Prohibiting discrimination against affordable housing (Section 65008).
(n) California Fair Employment and Housing Act (Part 2 .8 {commencing with Section 12900) of Divis ion 3).
(o) Community redevelopment law (Part 1 (commencing with Section 33000) of Division 24 of the Health and
Safety Code, and in particular Sections 33334.2 and 33413).
SEC. 2. Section 55583.1 of the Government Code is arr.ended to read:
65583.1. (a) The Department of Housing and Community Development, 1n evaluating a proposed or adopted
housing element for substantial compliance with this article, may allow a city or county to Identify adequate sites,
as required pursuant to Section 65583, by a variety of methods, including, but not limited to , redeslgnation of
property to a more intense land use category and Increasing the density allowed within one or m ore categories.
The department may also allow a city or county to identify sites for accessory dwelling units based on the number
of accessory dwelling units developed in the prior housi ng element planning period w hether or not the un its are
perm itted by right, the need for these units In the community, the resources or incentives avalfable for their
development, and any other relevant factors , as determined by the department. Nothing in this se ction reduces
the responsibility of a city or county to identify, by income category, the total number of sites for residential
development as required by this article .
(b) Sites that contain permanent housing units located on a m ilitary base undergoing closure or co nversion as a
result of action pursuant to the Defense Authorization Amendments and Base Closure and Rea l ignment Act (Public
Law 100-526), the Defense Base Closure and Realignment Act of 1990 (Public Law 101-510), o r any subsequent
act requiring the closure or conversion of a military base may be identified as an adequate site if the hou sing
element demonstrates that the housing units will be available for occupancy by households within the planning
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period of the element. No sites containing housing 1,;nits scheduled or planned for demolition or conve rsion t o
ronresidential uses shall qualify as an adequate site.
Any city, city and county, or county using this subdiVlslon shall address the progress In meeting this section In t he
reports provided pursi.<ant to paragraph (1) of subdivision (b) of Section 65400.
(c) (1) The Department of Housing and Community Development may allow a city or county to substitute the
provision of units for up to 25 percent of the community's obligation to identify adequate sites for any income
category In Its housing element pursuant to paragraph (1) of subdivision (<:) of Section 65583 where the
community Includes in its housing element a program committing the local government to provide units in that
income category w ithin the city or county that will be made available through the p rovision of commltt~l.l
assistance during the planning period covered by the element to low-and v ery low Income households at
affordable housing costs or affordable rents, as de!'lned in Sections 50052.5 and 50 05 3 of the Health arid Safety
Code, and which meet the requirements of paragraph (2). Except as otherwise prov ided in this subdiVision, the
community may substitute one dwelling unit for one dwelling unit site in the applicable income category. The
r.irogram shall do all of the follc.wing:
(A) Identify the specific, existing sources of committed assistance and dedicate a specific portion of t he funds
from those sources to the provision of housing pursuant to this subdivision.
(B) Indicate the number of units that wtll be provided to both low-and very low Income house holds and
demonstrate that t'ie amount of dec :cated funds is sufficient to develop the units at affordable housing costs or
affordable rents,
{C} Demonstrate that the units meet the requirements of paragraph (2).
(2) Only units that comply with subparagraph (A), (B), or (C) qualify for Inclusion in the housi ng element program
described In paragraph (1), as follows :
(A) Units that are to be substantially rehabilitated with committed assistance from the city or county and
constitute a net increase in the community's stock of housing affordable to low-and ve ry low income households.
For purposes of this subparagraph, a unit is not eligible to be ~substantially rehabilitated" unless all of the
following requirements are Met:
(I) At the time the unit Is Id entified for substantial rehabilitation, (I ) the local government has determined that the
unit is at Imminent risk of loss to the housing stock, (II) the local government has committed to provide
relocation assistanc.? pursuant to Chapter 16 {commencing with Section 7260 ) of Division 7 of Title 1 to any
occupants temporariiy or permanently displaced by the rehabilitation or code enforcement activity, or the
relocation Is otherwise provided prior to displacement either as a condition of rece ivership, or prov ided by t he
property owner or the local government pursuant to Article 2.5 (commencing with Section 17975) of Chapter 5 of
Part 1.5 of Division 13 of the Health and Safety Code, or as otherwise provided by local ordinance; provid ed the
assistance incl udes not less than the equivalent of four months' rent and moving expenses and comparable
replacement housing consistent with the moving expenses and comparable replacement hous ing requ ired
pursuant to Sectio n 7260, (III) the local government requires that any displaced occupants will have the right to
reoccupy the rehabilitated units, and (IV) the unit has been found by the loca l gove rnment or a court t o be u nfit
for human habitation due to the existence of at least four violations of the conditions listed in subdivisions (a ) to
(g), inclusive, of Section 17995.3 of the Health and Safety Code.
(ii) The rehabilitated :..init will have long-term affordability covenants and restrictions that require the un it to be
available to, and occupied by, persons or families of low -or very low income at affordable housing costs for at
feast 20 y~ars or the time period required by any applicable federal or state law or regulation.
(iii) Prior to initial occupancy after rehabilitation, the local code enforcement agency shall issue a certifica te of
occupancy indicating compliance with all applicable state and local building code and health and safety code
rcqu irements .
(B) Units that are located either on foreclosed property or in a multifamily rental or ownership housing complex of
three or more units, are converted with committed assistance from the city or county from no naffordable to
affo~dable by acqu isition of the unit or the purchase of affordability covenants and restrictions for the unit, are not
acq uired by eminent domain, and constitute a net increase in the community's stock of housing affordable to low-
and very low income households. For purposes of this subparagraph, a unit is not converted by acquisition or the
purchase of affordability covenants unless all of the following occur:
(i) The unit is made available for rent at a cos t affordable to low-or very low income ho useholds .
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I
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I
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(ii) At the time the unit is identified for acquisition, the unit is not available at an affordable housing cost to either
of the following:
(I) Low -income households, if the unit will be made affordable to low-income households.
(II) Very low Income households, if the unit will be made affordable to very low income households.
(iii) At the time the unit is identified for acquisition the unit is not occupied by low-or very low income households
or if the acquired unit is occupied, the local government has committed to provide relocation assista nce prior to
displacement, if any, pursuant to Chapter 16 (commencing with Section 7260) of Division 7 of Title 1 to any
occupants displaced by the conversion, or the relocation is otherwise provided prio r to displacement; provided the
assistance includes not less than the equivalent of four months' rent and moving expense s and compa rable
replacement housing consistent with the moving expenses and comparabl e replacement housing required
pursuant to Section 7260.
(iv) The unit is in decent, safe, and sanitary condition at the time of occupancy .
(v) The unit has long-term affordability covenants and restrictions that require the unit to be affordable to
persons of low-or very low Income for not less than 55 years.
(vi) For units located in multifamily ownership housing complexes with three or more units, or on or after January
1, 20 15 , on foreclosed properties, at least an equal number of new-construction multifamily rental units
affordable to lower income households have been constructed in the city or county within the same planning
period as the number of ownership units to be converted .
(C) Units that will be preserved at affordable housing costs to persons or families of low-or very low incomes with
comm itted assistance from the city or county by acquisition of the unit or the purchase of affordability covenants
for the unit. For purposes of this subparagraph, a unit shall not be deemed preserved unless all of the following
occur:
(I) The unit has long-term affordability covenants and restrictions that require the unit to be affordable to, and
reserved for occupancy by, persons of the same or lower income group as the current occupants for a period of at
l east 40 years.
(ii) The unit Is withi n an ~assisted housing development," as defined in paragraph (3) of subdivision (a) of Section
65863.10.
(Ill) The city or county finds, after a publ ic hearing, that the unit Is e ligible, and is reasonably expected, to change
from h ousing affordabl e to low-and very low income households t o any other use during the next five years due
t o termination of subsidy contracts, mortgage prepaylT'ent, or expiration of restrictions on use .
(iv) The unit is in decent, safe, and sanitary condition at the time of occupancy.
(v) At the time the unit is identified for preservation It is available at affordable cost to persons or families of low -
or very low income.
(3) This subdivision does not apply to any city or county that, during the current or immediately pri or planning
period, as defined by Section 65588, has not met any of its share of the regional need for affordable housing, as
defined in Sect ion 65584, for l ow -and very low Income households. A city or county sha ll document for any
housing unit that a building permit has been Issued a nd all development and permit fees have been pa i d or the
unit is eligible to be lawfully occupied .
( 4) For purposes of this subdivision, "committed assistance" means that the city or county enters into a legally
enforceable agreement during the period from t he beginning of the projection period until the end of the second
year of the planning period that ob ligates sufficient available funds to provide the assistance necessary to make
the identified units affordable and that requires that the units be made available fo r occupancy within two years
of the execution of the agreement. "Committed assistance" does not include tenant-based rental assistance.
(5) Fo r purposes of this subdivision, "net increase" includes only housing units prov ided committed assistance
pursuant to subpa ragraph (A) or (B) of paragraph (2) in the current planning period, as defined In Section 65588,
that were not provided committed assistance In the immediately prior planning period.
(6) For purposes of this subdivision, "the time the unit is identified" means the earl iest t ime when any city or
co un ty agent, acting on beha lf of a public entity, has proposed i n writing or has !')roposed ora lly or in writing to
the property o wner, that the unit be considered for substantial rehabi litation, acquisition, or preserva tion .
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(7 ) In the third year of the planning period, as defined by Section 65588, in the report required pursuant to
Section 65400, each city or county that has included in Its housing element a program to provide units pursuant
to subparagraph (A), (B), or (C) of paragraph (2) shall report in writing to t he legJslative body, and to the
department within 30 days of making Its report to the legislatlve body, on its prog ress In p ro viding units µursuant
to this subdivision. The report shall identify the specific units for which committ ed assistance has been provided
or which have been made avallable to low-and very low inco me households, and It shall adequately document
how each unit complies with this subdivision. If, by July 1 of the third year of the planning period, the city or
county has not entered into an enforceable agreement of committed assistance for all units specified in the
programs adopted pursuant to subparagraph (A), (B), or (C) of !)aragraph {2), the city or county shall, not later
than July 1 of the fourth year of the plannir.g period, adopt an amended housing e lement in accordance with
Section 65585, identifying additional adequate sites pursuant to paragraph (1) of subd ivi sion (c) of Section 65583
sufficient to accommodate the number of i.:nits for which committed assistance was not provided . I f a city or
county does not amend its hous ing element to identify adequate sites to address any shortfall, or fails to
c_omplete thl? rehabilitation, acquis ition, purc~ase of affordability covenants, or the preservation of any housing
unit w ithin two yea rs after committed assistance was provided to that unit, it shall be prohibited from identifying
units pursuant to subparagraph (A), (B), or (C) of paragraph (2) in the hous ing element that it adopts for the
ne xt planning period, as defined in Section 65588, above the number of units actually provided or preserved due
to committed assistance .
(ci) A city or county may reduce its share of the regienal housing need by the numbe r of units built between t he
start of the ;irojectlon period and the deadline for adoption of _the housing element. If the city or county reduces
its share pursuant to this subdivision, the city or county shall Include in the hous ing element a description of the
methodology for ass igning t:iose housing units to an income category based on actual or projected sa les price,
rent levels, or other mechanisms establishing affordability.
SEC. 3. Secti on 65589 .4 of the Government Code Is amended to read:
65589.4. (a) An attached housing development shall be a permitted use not subject to a conditional us e permlt on
any parcel zoned for an attached housing development If local law so provides or if It satisfies the requi remen ts of
subdivision (b) and either of the following:
(1) The attached hous i ng development satisfies the criteria of Section 21159.22, 21159.23, or 21159.24 of the
Pub l ic Resources Code.
(2 ) The attached housing development meets all of the following criteria:
(A) The attached housing development Is subject to a discretionary decision other than a conditional us e pe rmit
a1d a negative declaration or mitigated negative declaration has been adopted for the attached h ousing
development under the California Environmental Quality Act (Division 13 (comme ncing with Section 21000) of the
Public Resources Code). If no public hearing is held with respect to the discretionary decisio n, then the negative
declaration or mitig ated negative declaration for the attached housing development may be adopted only after a
public hearing to receive comments on the negative declaration or mitigated negative decl aration.
(B) The attached housing development is consistent with both the jurisdiction's zoning ordinance and general plan
as it existed on t:ie date the application was deemed complete, except that an attached housing devel opment
shall not be deemed to be inconsistent with the zoning designation for the site if that zoning designation is
inconsistent with the general plan only because the attached housing development si te has not been rezoned to
conform with the most recent adopted general plan. ·
(C) The attached housing development is located In an area that Is covered by one of the following documents
that has been adopted by the jurisdictio n w ithin five years of the date the application for the attached hous ing
dev·:?!opr.ient was deemed compl~te:
(i ) A general pl an.
(ii) A revision or update to the general plan that includes at least the land use and circulation elements.
(iii) An applicable community plan.
(iv) An applicable specific plan.
(D) The attached housing development consists of not more than 100 residential units with a m i nimu m de!lsity o f
not less than 12 units per acre or a minimum density of not less than eight units pe r a cre if the attached housing
development consists of four or fewer units .
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(E) The attached housing development is located in an urbanized area as defined in Section 21071 of the Public
Resources Code or within a census-defined place with a population density of at least 5,000 persons per square
mile or, if the attached housing development consists of SO or fewer units, within an incorporated city with a
population density of at least 2,500 persons per square mile and a total population of at least 25 ,000 persons .
(F) The attached housing development is located on an infill site as defined in Section 21061.0.5 of the Public
Resources Code.
(b) At least 10 percent of the units of the attached housing development shall be avallable at affordable housing
cost to very low income households, as defined in Section 50105 of the Health and Safety Code, or at least 20
percent of the units of the attached housing development shall be available at affordable housing cost to lower
income households, as defined in Section 50079.5 of the Health and Safety Code, or at least 50 percent of the
units of the attached housing development available at affordable housing cost to moderate-income households,
consistent with Section 50052.5 of the Health and Safety Code. The developer of the attached housing
development shall provide sufficient legal commitments to the local agency to ensure the continued availability
and use of the hous i ng units for very low, low-, or moderate-income households for a period of at least 30 years .
(c) Nothing In this section shall prohibit a local agency from applying design and site review standards in
existence on the date the application was deemed complete.
(d) The provisions of this section are independent of any obligation of a jurisdiction pursuant to subdivision (c) of
Section 65583 to identify multifamily sites developable by right.
(e) This section does not apply to the issuance of coastal development permits pursuant to the California Coastal
Act {Division 20 (commencing with Section 30000) of the Pub!lc Resources Code).
{f) This section does not relieve a public agency from complying with th·e California Environmental Quality Act
(Division 13 (commencing with Section 21000) of the Public Resources Code) or relieve an applicant or public
agency from complying with the Subdivision Map Act (Division 2 (commencing with Section 66473)).
(g) This section is applicable to all cities and counties, including charter cities, because the Legislature finds that
the lack of affordable housing is of vita I statewide importance, and thus a matter of statewide concern.
(h) For purposes of this section, "attached housing development" means a newly constructed or substantially
rehabilitated structure containing two or more dwelling units and consisting only of residential units, but does not
include an accessory dwelling unit, as defined by paragraph (4) of subdivision U) of Section 65852 .2, or the
conversion of an existing structure to condominiums.
SEC. 4. Se ction 65852.150 of the Government Code is amended to read:
65852.150. (a) The Legislature finds and declares all of the following:
(1) Accessory dwelling units are a valuable form of housing In California.
(2) Accessory dwelling units provide housing for family members, students, the e lderly, i n -home health care
providers, the disabled, and others, at below market prices within existing neighborhoods.
{3) Homeowners who create accessory dwelling units benefit from added income, and an increased ser.se of
security.
(4) Allowing accessory dwelling units in single-family or multifamily resi de ntial zo nes provi des additiona l rental
housing stock In California.
(5) California fa ces a severe housing crisis .
(6) The state Is f alling far short of meeting current and future housing demand with serious con sequences for the
state's economy, our ability to build green infill consistent with state greenhouse gas re du ction goals, and the
well-being of our citizens, particularly lower and middle-income earners .
{7) Accessory dwelling units offer lower cost housing to meet the need s of existing and future residents within
existing neighborhoods, while respecting architectural character.
(8) Accessory dwelling units are, therefore, an essential component of California's housing supply.
(b) It is the Intent of the Legislature that an accessory dwelling unit ordinance adopted by a local agency ha s the
effect of providing for the creation of accessory dwelling units and that provisions in this ordi nance relating to
matters including unit size, parking, f ees , and other require ments, are not so arbitrary, e xces sive, or burdensom e
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so as to unreasonably restrict the ability of homeowners to create accessory dwelling units in zones in which they
are authorii:ed by local ordinance.
SEC. 5. Section 65852.2 of the Government Code Is amended to read:
65852.2. (a) (1) A local agency may, by ordinance, provide for the creation of accessory dwelling units in single-
family and multifamily residential zones. 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 criteria, that may include, but are not limited to, the adequacy of
v10.:ter and sewer s~rvices and the impact of accessory dwelling units on traffic flow and public safety.
(B) !mpm:e ~tanGard!; on acces!:ory dwe!!ing units that include, but are not llmltec! to, parking, height, setback, !at
coverage, architectural review, maximum size of a unit, and standards that prevent adverse impacts on any real
property that is listed In the California Register of Historic Places.
(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
qeneral plan and zoning designation for the lot.
(2) The ordinance shall not be considered Jn the application of any local ordinance, policy, or program to l imit
residentiai growth.
(3) When a local agency receives Its first application on or aft:er July 1, 2003, for a permit pursuant to this
subdivision, the application shall be considered 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, within 120 days of submtttal of a complete building permit application. A local agency may charge a fee
to reimburse it for costs that It incurs as a result of amendments to this paragraph enacted during the 2001-02
Regular Session of the Legislature, including the costs of adopting or amending any ordinance that provides for
the creation of accessory dwelling units.
{b} (1) When a local agency that has not adopted an ordinance governing accessory dwelling units in accordance
with subdivision (a) receives Its first application on or after July 1, 1983, for a permit pursuant to this subdivision,
the local agency shall accept the application and approve or disapprove the application ministerially without
discretionary review pursuant to this subdivision unless it adopts an ordinance in accordance with subdivision (a)
within 120 days after receiving the application. Notwithstanding Section 65901 or 65906, every local agency shall
ministerially approve the creation of an accessory dwelling unit if the accessory dwelling unit complies with all of
the following:
(A) The unit is not intended for sale separate from the primary residence and may be rented.
(B) The lot is zoned for single·family or multifamily use.
(C) Tile lot contains an existing single-family dwelling.
(D) The accessory dwelling unit is either attached to the existing dwelling and located within the living area of the
existing dwelling or detached from the existing dwelling and located on the same lot as the existing dwelling.
(E) The increased floor area of an attached accessory dwelling unit shall not exceed 50 percent of the existing
living area, with a maximum increase in floor area of 1,200 square feet.
(F) The total area of floorspace for a detached accessory dwelling unit shall not exceed 1,200 square feet.
(G) Requirements relating to height, setback, lot coverage, architectural review, site plan review, fees, charges,
and other zc,ning requirements generally applicable to residential construction in the zone in which the property is
located.
(H) Local building code requirements that apply to detached dwellings, as appropriate.
(I) Approval by the local health officer where a private sewage disposal system Is being used, if required.
(2) No other local ordinance, policy, or regulation shall be the basis for the denial of a building permit or a use
permit under this subdivision.
(3) This subdivision establishes the maximum standards that local agencies shall use to evaluate proposed
accessory dwelling units on lots zoned for residential use that contain an existing single-family dwelling. No
additional standards, other than those provided in this subdivision or subdivision (a), shall be utilii:ed or Imposed,
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except that a local agency may require an applicant for a permit issued pursuant to this subdivision to be an
owner-occupant or that the property be used for rentals of terms longer than 30 days.
(4) A local agency may amend its zoning ordinance or general plan to incorporate the policies, procedures, or
other provisions applicable to the creation of accessory dwelling units if these provisions are consistent with the
limitations of this subdivision.
(5) An accessory dwelling unit that conforms to this subdivision 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 dwellir.g units shall not be considered in
the application of any local ordinance, pollcy, or program to limit residential growth.
(c) A local agency may establish minimum and maximum unit size requirements for both attached and detached
accessory dwelling units. No minimum or maximum size for an accessory dwelling unit, or size based upon a
percentage of the existing dwelling, shall be established by ordinance for either attached or detached dwellings
that does not otherwise permit at least an efficiency unit to be constructed in compliance with local development
standards. Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the
primary residence .
(d) Parking requirements for accessory dwelling units shall not exceed one parking space per unit or per
bedroom. These spaces may be provided as tandem parking on an existing driveway. Off-street 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 feas i ble based upon fire and life safety
conditions. This subdivision shall not apply to a unit that is described in subdivision (e).
{e) 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 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 existing primary residence or an existing accessory structure.
(4) When on-street parking permits are requ ired but not offered to the occupant of the accessory dwelling unit.
(5) When there Is a car share vehicle located withl n one block of the accessory dwelling unit.
(f) Notwithstanding subdivisions {a ) t o (e), inc lusive, a local agency shall ministerially approve an application for
a building permit to create within a single-family residential zone one accessory dwelling unit per single-family lot
if the unit is contained within the existing space of a single-fam ily residence or acce ssory structure, has
Independent exterior access from the existing res idence, and the side and rear setbacks are sufficient for fire
safety. Accessory dwelling units shall not be requ ired to provide fire sprinklers if they are not required for the
primary residence.
(g) (1) Fees charged for the construction of acces sory dwelling units shall be determined in accordance with
Chapter 5 (commencing with Section 66000) and Chapter 7 (commencing with Section 66012).
(2) Accessory dwelling units shall not be considered new residential uses for the purposes of calculating local
agency connection fees or capacity charges for utilities, Including water and sewer service.
(A) For an accessory dwelling unit descri bed In subdivision (f), a local agency shall not requ i re the applicant to
Install a ne w or separate utility connection directly between the accessory dwelling unit and the utility or impose a
re.lated connection fee or capacity charge .
(B) For an accessory dwelling unit that is not described In subdivision (f), a local agency may requ i re a new or
separate utility connection directly bet~een the acces sory dwelling unit and the utility. Consiste nt with Section
66013, the connection may be subject to a connection fee or capacity charge that shall be proportionate to t he
burd en of the proposed accessory dwelling unit, based upon either its size or the number of its plumbing fixtures,
upon t he water or sewe r system. This fee or charge shall not exceed the reasonable cost of prov iding this service.
(h) Th is section does not limit the authority of local agencies to adopt less restrictive requirements for the
creation of accessory dwelling units.
{I) Lo cal agencies shall submit a copy of the ordinances adopted pursuant to subdivision (a) to the Department o f
Housing and Community Development within 60 days after adoption.
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(j } As used in this section, the following terms mean:
(1} "Living area" means the interior habitable area of a dwelling unit including basements and attics but does not
include a garage or any acce~sory structure.
(2} "Local agency" means a city, county, or city and county, whether general law or chartered.
(3} For ~urposes of this section, "neighborhood" has t:ie same meaning as set forth in Section 65589.5.
(4) "Accessory dwelling unit" means an attached or a detached residential dwelling unit which provides complete
independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping,
eating, cooking, and sanitation on the same parcel as the slngie-famlly dwelling is situated. An accessory dwelling
ur.it also includes the follow'.ng:
{A } An efficiency unit, as defined in Section 17958.1 of Health and Safety Code.
(B} A manufactured home, as defined in Section 18007 of the Health and Safety Code.
(i<} 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 (Division 20 (commencing with Section 30000) of the Public Resources Code), except
that the local government shal! not be required to hold public hearings for coastal development permit
applications for accessory dwelling units.
SEC. 5.5. Section 65852.2 of the Government Code is amended to read:
65852.2. (a) (1) A local agency may, by ordinance, provide for the creation of accessory dwelling units in single-
family and multifamily residential zones. 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 ;ireas may be based on criteria, that may include, but are not limited to, the adequacy of
water and sewer services and the impact of accessory dwelling units on traffic flow and public safety.
(B} (I) Impose standards on accessory dwelling units that include, but are not limited to, parking, height, setback,
lot coverage, landscape, architectural review, maximum size of a unit, and standards that prevent adverse
impacts on any real property that is listed in the Galifornia Register of Historic Places.
(ii) Notwithstanding clause (I), a local agency may reduce or ellmlnate parking requirements for any accessory
dwelllng 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 exi sting
general plan and zoning desigr.ation for the lot.
(D) Require the accessory dwelling units to comply with all of the following:
(i) The unit is not intended for sale separate from the primary residence and may be rented.
(ii) The lot is zoned for single-family or multifamily use and contains an existing, single-family dwelling.
(iii} The accessory dwelling unit is either attached to the existing dwelling or located within the living area of the
existing dwelling or detached from the existing dwelling and located on the same lot as the existing dwelling.
(iv) The increased floor area of an attached accessory dwelling unit shall not exceed 50 percent of the existing
living area, with a maximum increase in floor area of 1,200 square feet.
(v) The total area of floorspace 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 _garage that is converted to a accessory dwelling unit, and a
setback of no more than five feet from the side and rear lot lines shalt be required for an accessory dwelling unit
that is constructed above a garage.
(viii) Local building code requirements that apply to detached dwellings, as appropriate.
(ix} Approval by the local health officer where a private sewage disposa! system is being used, if required.
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(x) llJ ParKlng requirements for accessory dwelling units shall not exceed one parking space per unit or per
bedroom. These spaces may be provided as tandem parking on an existing 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, or that it is not permitted
anywhere else In the jurisdiction.
(III} This clause shall not apply to a 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, and the local agency requires that those offstreet parking spaces be replaced, the
replacement spaces may be located in any configuration on the same lot as the accessory dwelling unit, including,
but not limited to, as covered spaces, uncovered spaces, or tandem spaces, or by the use of mechanical
automobile parking lifts. This clause shall not apply to a unit that is described in subdivision (d).
(2) The ordinance shall not be considered in the application of any local ordinance, policy, or program to limit
residential growth.
(3) When a local agency receives its first application on or after July 1, 2003, for a permit pursuant to this
subdivision, the application shall be considered 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, within 120 days after receiving the application. A local agency may charge a fee to reimburse it for costs
that it incurs as a result of amendments to this paragraph enacted during the 2001-02 Regular Session of the
Legislature, including the costs of adopting or amending any ord i nance that provides for the creation of an
accessory dwelling unit.
{ 4) An existing ordinance governing the creation ot an accessory owelling unit by a local agency or an accessory
dwelling ordinance adopted by a local agency subsequent to the effective date of the act adding this paragraph
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. In the event that 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 upon the
effective date of the act adding this paragraph 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 denial of a building permit or a use
permit under this subdivision.
(6) This subdivision establishes the maximum standards that local agencies shall use to evaluate a proposed
accessory dwelling unit on a lot zoned for res i dential use that contains an existing single-family dwelling. No
additional standards, other than those provided in this subdivision, shall be utilized or imposed, except that a
local agency may require an applicant for a permit issued pursuant to this subdivision to be an owner-occupant or
that the property be used for rentals of terms longer than 30 days.
(7) A local agency may amend its zoning ordinance or general plan to incorporate the policies, procedures, or
other provi sions applicable to the creation of an accessory dwelling unit if these provisions are consistent with the
limitations of this subdivision.
(8) An accessory dwelling unit that conforms to this subdivision shall be deemed to be an accessory use or an
accessory building and shall not be conside red to exceed the allowable density for the lot upon which it is located,
and shall be deemed to be a residential use that is consistent with the existing general plan and zoning
designations for the lot. The accessory dwelling unit shall not be considered in the application of any local
ordinance, policy, or program to limit residential growth.
(b) When a local agency that has not adopted an ordinance governing accessory dwelling units i n accordance with
subdivision_ (a} receives its first application on or after July 1, 1983, for a permit to create an accessory dwelling
unit pursuant to this subdivision, the local agency shall accept the application and approve or disapprove thr:-
application ministerially without discretionary review pursuant to subdivision (a} within 120 days after receiving
the application.
(c) A local agency may establish minimum and maximum unit si.:e requirements for both attached and detached
accessory dwelling units. No minimum or maximum size for an accessory dwelling unit, or size based upon a
percentage of the existing dwelling, shall be established by ordinance for either attached or detached dwellings
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that does not permit at least an efficiency unit to be constructed in compliance with local d evelopment standards.
t.ccessory dwelling units shall not be required t o provide fire sprinklers if they are not required for the primary
residence.
(d) Notwithstanding any other law, a local agency, whether or not it has adopted an ordinance governi ng
accessory dwe;Jing un i ts in accordance with subdivision (a }, shalt not impose parking standards for an accessory
dwelling unit in any of the following i nstances:
(1) The accessory d~·:elling urnt is located w ithin one-half mil e 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 existing primary residence or an existing accessory structure.
(4) When on-street parking permits are required but not offered to the occupa nt of the accessory dwelling unit.
(5) When there is a car share vehicle located within one block of the accessory dwelling unit.
(e) Notwithstanding subd ivisions (a) to (d), inclusive, a l ocal agency shall ministerially approve an application for
a building permit to create within a single-family residential zone one accessory dwelling unit per single-family lot
if the unit is contained within the existing space of a single-family residence or accessory structure, has
independent exte~ior access from the existing residence, and the side and rear setbacks are sufficient for fire
s<::fety. Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the
primary residence.
(f) (1) Fees ch arged for the construction of accessory dwelling units shall be determined in accordance with
Ch a pter S (comme ncing with Section 66000 ) and Chapter 7 (commer.cing with Se ction 66012).
(2) Accessory dwelling units shall not be considered new residential uses for the purposes of calculating local
agency connection fees or capacity charges for utilities, including water and sewer service.
(A) For an accessory dwelling unit described in subdivision (e), a local agency shall not require the applicant to
install ;; new or separate utility connection directly between the accessory dwelling unit and the utility or impose a
related connection fee or capacity charge.
(B) For an accessory dwelling unit that Is not described In subdivision (e), a local agency may require a new or
separate utillty connection directly between the accessory dwelling unit and the utility. Consistent with Section
66013, the connection rr:ay 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 size or the number of its plumbing fixtures,
upon the water or sewer system. Th:s 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) Local agencies shall submit a copy of the ordinance adopted pursuant to subdivision (a) to the Department of
~:ousing and Community Development within 60 days after adoption.
(i) As used in this section, the following terms mean:
(1) "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.
(2) "Local agency" means a ctty, county, or city and county, whether general law or chartered.
(3) For purposes of this section, "neighborhood" has the same meaning as set forth in Section 65589.5.
( 4} "Accessory dwelling unir means an attached or a detached residential dwelling unit which provides complete
independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping,
eatioig, cooking, and sanitation on the same parcel as the singl e-farr.i l y dwelling is situated. An accessory dwelling
unit also includes the following:
(A) An efficiency unit, as defined in Section 17958.1 of Health and Safety Code.
(B) A manufactured home, as defined in Section 18007 of the Health and Safety Code.
(5) "Passageway" means a pathway that is unobstructed clear to the sky and extends from a street to one
entrance of the acc •::!ssory dwelling unit.
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Bill Text -SB-1069 Land use: zoning. Page 12of12
(j) 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 (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.
SEC. 6. Section 66412.2 of the Government Code is amended to read:
66412.2. This division shall not apply to the construction, financing, or leasing of dwelling units pursuant to Section
65852.1 or accessory dwelling units pursuant to Section 65852 .2, but this division shall be applicable to the sale
or transfer, but not leasing, of those units.
SEC. 7. Section 5.5 of this bill Incorporates amendments to Section 65852.2 of the Government Code proposed
by both this bill and Assembly Biii 2299. It shalt only become operative if (1) both bills are enacted and become
effective on or before January 1, 2017, (2) each bill amends Section 65852.2 of the Government Code, and (3)
this bill is enacted after Assembly Bill 2299, in which case Section 5 of this bill shall not become operative.
SEC. 8 . No re imbursement Is requ ired 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 mean ing of
Section 17556 of the Government Code.
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Bill Text -AB-2299 Land use: housing: 2nd units. Page I of7
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AB-2299 Land use: housing: 2nd units. (l01s-zo10)
SH.A.!U: THIS: 11
Assembly Bill No. 2299
CHAPTER 735
An act to amend Section 65852.2 of the Government Code, relating to land use.
[Approved by Governor September 27, 2016. Filed with Secretary of State
September 27, 2016.]
LEGISLATIVE COVNSEL'S DIGEST
AB 2299, Bloom. Land use: housing: 2nd units.
The Planning and Zoning Law authorizes the legislative body of a city or county to regulate, among other things,
the intensity of land use, and also authorizes a local agency to provide by ordinance for the creation of 2nd units
in single-family and multifamily residential zones, as specified. Existing law authorizes the ordinance to designate
areas within the jurisdiction of the local agency where 2nd units may be pe1111ltted, to impose specified standards
on 2nd units, and to provide that 2nd units do not exceed allowable density and are a residential use, as
specified.
This bill would replace the term "second unit" with "accessory dwelling unit.u The bill would, instead, require the
o~dinance to include the elements described above and would also require the ordinance to require accessory
dwelling units to comply with specified conditions. This bill would require ministerial, nondiscretionary approval of
an accessory dwelling unit under an existing ordinance. The bill would also specl.fy that a local agency may reduce
or eliminate parking requirements for any accessory dwelling unit located within Its j(Jrlsdiction.
Existing law requires that parking requirements for 2nd units not exceed one parking space per unit or per
betiroom. Under existing law, add!tional parking may be required provided that a finding is made that the
additional parking requirP.ments are directly relateci to the use of the 2nd unit and are consistent with existing
neighborhood standards applicable to residential dwellings.
This bill would delete th~ above-described authorization for additional parking requirements.
By Increasing the duties of local officials with respect to land use regulations, this bill would impose a state-
mandated local progr2m.
This bill would incorporate additional changes in Section 65852.2 of the Government Code proposed by SB 1069
that would become operative only if SB 1069 and this bill are both chaptered and become effective on or before
january 1, 2017, and this bi'.I is chaptered last.
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.
Vote: majority Appropriation: no Fiscal Committee: yes Local Program: yes
.'EXHlBIT I
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THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS POLLOWS:
SECTION 1. Section 65852.2 of the Government Code is amended to read:
65852.2. {a) (1) A local agency may, by ordinance, provide for the creation of accessory dwelling units in single-
family and multifamily residential zones. 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 criteria, that may include, but are not limited to, the adequacy of
water and sewer services and the Impact of accessory dwelling units on traffic flow and public safety.
(B) Impose standards on accessory dwelling units that include, but are not limited to, parking, height, setback, Jot
coverage, landscape, architectural review, maximum size of a unit, and standards that prevent adverse impacts
on any real property that is listed in the California Register of Historic Places.
(C) Notwithstanding subparagraph (B), a local agency may reduce or eliminate parking requirements for any
accessory dwelling unit located within its jurisdiction.
(D) 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.
(E) Require the accessory dwelling units to comply with all of the following;
(i) The unit is not intended for sale separate from the primary residence and may be rented.
(ii) The lot is zoned for single-family or multifamily use.
(iii) The accessory dwelling unit is either attached to the existing dwelling or located within the living area of the
existing dwelling or detached from the existing dwelling and located on the same lot as the existing dwelling.
(iv) The increased floor area of an attached accessory dwelling unit shall not exceed SO percent of the existing
living area.
(v) The total area of floorspace 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 garage that is converted to a accessory dwelling unit, and a
setback of no more than five feet from the side and rear lot lines shall be required for an accessory dwelling unit
that is constructed above a garage.
(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 unit or per
bedroom. These spaces may be provided as tandem parking on an existing driveway.
(II) Offstreet parking shall be permitted in setback areas in locations determined by the local agency or through
tandem parking, unless specific find i ngs 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, or that it is not permitted
anywhere else in the jurisdiction.
(xi) When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an
accessory dwelling unit, and the local agency requires that those offstreet parking spaces be replaced, the
replacement spaces may be located in any configuration on the same lot as the accessory dwelling unit, including,
but not limited to, as covered spaces, uncovered spaces, or tandem spaces, or by the use of mechanical
automobile parking lifts.
(2) The ordinance shall not be considered in the application of any local ordinance, policy, or program to limit
residential growth.
(3) When a local agency receives its first application on or after July 1, 2003, for a permit pursuant to this
subdivision, the application shall be considered 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, within 120 days after receiving the application. A local agency may charge a fee to reimburse it for costs
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Bill Text -AB-2299 Land use: housing: 2nd units. Page 3 of7
that it incurs as a result of amendments to this paragraph enacted during the 2001-02 Regular Session of the
Legislature, including the costs of adopting or amending any ordinance that provides for the creation of accessory
dwelling units.
( 4) Any existing ordinance governing the creation of accessory dwelling units by d local agency or any such
ordinance adopt~d by a local agency subsequent to the effective date of the act adding this paragraph sha ll
provide an approva; process that includes only m i nisterial 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. In the event that 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 voi d upon the effective
date of the act adding this paragraph and that agency shall thereafter apply the standards established In th is
subdivision for the approval of accessory dwelling units, unless and until the agency adopts an ordinance that
complies w'.th this section.
(5) No other local ordinance, !')Olicy, or regulation shall be the basis for the denial of a build ing permit or a use
p~rmit under this subdivision.
(6) This subdivision establishes the maximum standards that local agencies shall use to evaluate proposed
accessory dwelling units on lots zoned for resldentia! use that contalr. an existing single-family dwelling. No
additional standards, other than those provided In this subdivision, shall be utilized or Imposed, except that a
locc:I agency may rec;uire an applicant for a permit issued pursuant to this subdivision to be an owner-occupant.
(7) A local agency may amend its zoning ordinance or general plan to incorporate the policies, procedures, or
other provisions applicable to the creation of accessory dwelling units if these provisions are consistent with the
I Imitations of this subdivision.
(B) An accessory dwelling unit that conforms to this subdivision shall be deemed to be an accessory use o r 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 units shall not be considered in the application of any local
ordinance, policy, or program to limit residential growth.
(b) When a local agency that has not adopted an ordinance governing accessory dwelling units in accordance with
subdivision (a) receives its first application on or after July 1, 1983, for a permit pursuant to this subdivision, the
local agency shall accept the application and approve or disapprove the application mlnlsterlally without
discretionary review pursuant to subdivision (a) within 120 days after receiving the application.
(c) A local agency may establish minimum and maximum unit size requirements for both attached and detached
accessory dwelling units. No minimum or maxi mum. size for a accessory dwelling unit, or size based upon a
percentage of the existing dwelling, shall be established by ordinance for either attached or detached dwellings
that does not permit at least an efficiency unit to be constructed in compliance with local development standards.
(d) Fees charged for the construction of accessory dwelling units shall be determined In accordance with Chapter
5 (commencing with Section 66000).
(e) This section does not l imit the authority of loca l agencies to adopt l ess restrictive req u irements fo r the
creation of accessory dwelling units, provided those requirements comply with subdivision (a).
(f) Loca l agencies shall submit a copy of the ordinances adopted pu rsua nt t o subdivisi on (a) to the Department of
Housing and Community Development within 60 days after adoption.
(g) As used In this section, the fc'.lowlng terms mean:
(1) "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.
(2) "Loca l agency" means a city, county, or city and county, whether general law or chartered.
(3) For purposes of this section, •neighborhood" has the same meaning as set forth in Section 65589.5.
(4) "Accessory dwelling unit" means an attached or a detached residential dwelling unit which provides complete
Independent living facilities for one or more persons. It shall include permanent provisions for living, sleep ing,
eating, cooking, and sanitation on the same parcel as the single-famil y dwelling is situated. An accessory dwelling
unit al so Ir.eludes the followi ng:
(A) An efficiency uni t, as defined In Section 17958.1 of Health and Safety Code.
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(B) A manufactured home, as defined in Section 18007 of the Health and Safety Code .
(C) "Passagewayn means a pathway that is unobstructed clear to the sky and extends from a street to one
entrance of the accessory dwelling unit.
{h) Nothing in this section shall be construed to supe rse de or in any way alter or lessen the effect or application
of the California Coastal Act (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.
SEC. 1.5. Section 65852.2 of the Government Code is amended to read;
85852.2. {a) {1) A local agency may, by ordinan ce, provide for the creation of accessory dwelling units in single-
famlly and multifamily residential zones . 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 criteria, that may include, but are not limited to, the adequacy of
water and sewer services and the impact of accessory dwelling units on traffic flow and public safety.
{B) (i) Impose standards on accesso ry dwelling units that include, but are not limited to, parking, height, setback,
lot coverage , landscape , arch itectural review, maximum size of a unit, and standards that prevent adverse
impacts on any real property that is listed in the california Register of Historic Places.
{ii) Notwithstanding clause {i), a local agency may reduce or eliminate parking requi reme nts for any acc ess ory
dwelling unit located within its jurisdiction .
(C) Provide that accessory dwelling units do not exceed the allowable density for the lot upon which the accessory
dwelling unit is located, and that accessory dwelling units are a residential use that is consistent with the existing
general plan and zoning designation for the lot.
(D) Require the accessory dwelling units to comply with all of the following:
(I) The unit is not intended for sale separate from the primary residence and may be rented.
(ii) The lot is zoned for single-family or multifamily use and co ntains an existing , single-family d welling.
(Iii) The accessory dwelling unit is either attached to the existing dwelling or l oca ted within the l iving area of t he
existing dwelling or detached from the existing dwelling and located on the same lot as the e xisting d welling .
(iv) The increased floor area of an attached accessory dwelling unit shall not exceed 50 percent of the ex isting
living ar ea, with a maximum increase in floor area of 1,200 square feet .
(v) The total area of floorspace for a detached accessory dwelling unit shall not exceed 1,20 0 squa re feet.
(vi) No passageway shall be requ ired In conjunction with the co nstruction of an accessory dwelling unit.
(vii) No setback shall be required for an existing garage that is converted to a accessory dwelling unit, and a
setback of no more than five feet from the si de and rear lot lines shall be required for an accessory dwelling unit
that is constructed above a garage.
(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 unit or per
bedroom . These spaces ma y be provided as tandem park ing on an existing driveway.
{II) Offstreet parki ng 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 pa rki ng is not feas ible
based upon specific site or regional topograph ical or fire and life safety conditions, or that it is not permitted
anywhere else in the jurisdiction.
(III) This cla use shall not apply to a 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, and the local agency requires that those offstreet parking spaces be replaced, the
replacement spaces may be located In any configuration on the same lot as the accessory dwelling unit, including,
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Bill Text-AB-2299 Land use: housing: 2nd units. Page 5 of7
but not limited to, as covered spaces, uncovered spaces, or tan dem spaces, o r by the use of mechanical
automobile parking lifts. This clause shall not apply to a unit that is described in subdivision (d).
(2) The ordinance shall not be considered in the application of any local ordinance , pollcy, or program to ll m l t
residential growth.
(3) When a local agency receives its first application on or after July 1, 2003, for a permit pursuant to this
subdivision, the application shall be considered ministerially without discretionary review or a hearing,
notwithstanding Section 65901 or 6590€i or any local ordinance regulating the issuance of variances or spec ial use
permits, within 120 days after receiving t:1e application. A local agency may charge a fee to reimburse it for costs
that It Incurs as a result of amendme:its to '..his paragraph enacted during the 2001-02 Regular Session of the
Leg::;lature, Including the costs of adopting or amending any ordinance that p rovides for the creation of an
uccessory dwclllng unit.
(4) An existing ordinance governing the creation of an accessory dwelling unit by a local agency or an accessory
dwellin!J ordinance adopted by a local agency subsequent to the effective date of the act adding this paragraph
shall provide an approval process that includes only ministeri al provisions for the approval of accessory dwelling
units and shall not include any discretionary processes, provisions, or requirements for those units, except as
oti1erwlse provided in this subdivision . In the event that a local agency has an existing accessory dwelll ng unit
ordinance that fails to meet the requirements of this subdivision, that ordinance shall be null and void u po n t he
effective date of the act adding this paragraph and that agency shall thereafl.er apply the st andards established In
this subdivision for the approval of accessory dwelling units, unless and until the age ncy adopts an o rdinance that
complies with this section.
(5) No other loca l ordinance, po!icy, or regulation shall be the basis for the denial of a building permit or a use
permit under this subdivision.
(6) This subdivision establishes the maximum standards that local agencies shall use to evaluate a p roposed
accessory dwell!ng unit on a lot zoned for residential use that contains an existing single-family dwelling. No
additional standards, otloier than those provided in this subdivision, shall be utilized or imposed, except that a
local agency may require an applicant for a perm:t issued pursuant to this subd ivision to be an owner-occupant or
that the property be used tor rentals ot terms longer than 30 days.
(7) A local agency may amend its zoning ordinance or general plan to incorporate the policies, procedures, o r
other provisions applicable to the creation of an accessory dwelling unit if these prov isions are consistent with the
limitations of this subdivision.
(B) 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 considerPd in the application of any loca l
ordinance, policy, or program to llmlt residential growth.
(b) When a local agency that has not adopted an ordinance governing accessory dwelling units in accordance with
subdivision (a) receives its first .application on or after July 1 , 1983, for a permit to create an accessory dwelling
unit pursuant to this subdivision, the local agency shall accept the application and approve or disapprove the
application ministerially without d'.scretionary review pursuant to subcivision (a) within 120 days af ter receiving
the application.
(c) A local agency may establish minimum and maximum unit size requirements for both attached and detached
accessory dwelling ur:its. No minimum or maximum size for an accessory dwelling unit, or size based upon a
percentage of the existi ng dwelling, shall be established by ordinance for either attached or detached dwellings
that C:oes not permit at least an efficiency unit to be constructed In compliance with local development standards.
Accessory dwelling units shall not be required to provide fire sprinklers if the y are not required for the primary
residence.
(d) Notwithstanding any other law, a local agency, whether or not it has adopted an ordinance govern i ng
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 of public transit.
(2) The accessory dwelling unit is lo ca ted within an architecturally and historically significant historic distri ct .
(3) The accessory dwelling unit is part of the existing primary residence or an existing accessory structu re.
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(4) When on-street parking permits are required but not offered to the occupant of the accessory dwe!Eng unit.
(5) When there Is a car share vehicle located within one block of the accessory dwelling unit.
(e) Notwithstanding subd ivisions (a) to (d), inclusive, a loca l agency shall ministerially approve an application for
a building permit to create within a single-family residential zone one accessory dwelling unit per single-family lot
If the unit is contained within the existing space of a single-family residence or accessory structure, has
Independent exterior access from the existing residence, and the side and rear setbacks are sufficient for fire
safety. Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the
primary residence.
(f) ( 1) Fees charged for the construction of accessory dwell Ing units shall be determined In ac co rdan ce with
Chapter 5 (commencing with Section 66000) and Chapter 7 (commencing with Section 65012).
(2 ) Accessory dwelling units shall not be considered new residential uses f or the purposes of calculating lo cal
agency connection fees or capacity charges for utllities, including water and sewer service.
(A) For an accessory dwelling unit described in subdivision (e), a local agency shall not require the applicant to
install a new or separate utillty connection directly between the accessory dwelling unit and the utility or impose a
related connection fee or capacity charge.
(B) For an accessory dwelling unit that is not described in subdivision (e), a lo ca l agency m ay req uire a new or
separate utility connection d irectly between the accessory dwelling unit and the utility. Con si stent 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 size or the number of its plumbing fixtures,
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 loca l agen ci es to ado;Jt less restrictive requirements fo r the
creation of an accessory dwelling unit.
(h) Local agencies 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.
(i) As us ed In this section , the follow ing t erms mean:
(1) "Living area# means the interior habitable area of a dwelling unit including basem ents and attics but d oes not
include a garage or any accessory structure.
(2) "Local agency" means a city, county, or city and county, whether general la w or chartered .
(3) For purposes of this section, "neighborhood" has the same meaning as set forth in Section 65589 .5.
(4) "Accessory dwelling unit" means an attached or a detached residential dwelling unit which provides complete
Independ ent living facilities for one or more persons. It shall include permanent provisions for living, sleeping ,
eating, cooking, and sanitation on the same parcel as the single-family dwelling is situated. An acces sory dwelling
unit also includes the foll owing:
(A) An efficiency unit, as defined in Section 179 58.1 of Health and Safety Code .
(B) A manufactured home, as defined in Section 18007 of the Health and Safety Code.
(5) "Passageway" means a pathway that is unobstructed clear to the sky and ex tends f rom a street to o ne
entrance of the accessory dwelling unit.
(j) Nothing in this section shall be construed to supersede or in any way alter or less en the effect or application of
the California Coastal Act (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.
SEC. 2. Section 1.5 of this bill incorporates amendments to Se ction 658 52 .2 of the Government Cod e pro posed
by both this bill and Senate Bill 1069. It shall only become operative if (1 ) both bills are ena cted and becom e
effective on or before January 1, 2017, (2) each bill amends Section 658S2.2 of the Government Code, and (3)
this bill is e nact ed after Senate Bill 1069, in which case Section 1 of this bill shall not become operative.
SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article xm B of the California
Constitution beca use a local agency or school d istrict has the authority to levy serv ice charges, fees, or
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I assessments sufficient to j)ay for the program or level of service mandated by this act, within the meaning of
L~t~: 17556 of ~e Government Code. ·-
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1TRACK CHANGES' VERSION: CHAPTERED CHANGES IN ACCESSORY UNIT
PROVISIONS
65852.2.
(a) (1) Arly-A local agency may, by ordinance, provide for the creation of sesenEI
accessory dwelling units in single-family and multifamily residential zones. The
ordinance fR8Y shall do ~ all of the following:
(A) Designate areas within the jurisdiction of the local agency where sesene accessory
dwelling units may be permitted . The designation of areas may be based on criteria,
that may include, but are not limited to, the adequacy of water and sewer services and
the impact of seseREI accessory dwelling units on traffic law:-flow and public safety.
(B) (i) Impose standards on sesenc:t accessory dwelling units that include, but are not
limited to, parking, height, setback, lot coverage, landscape, architectural review,
maximum size of a unit, and standards that prevent adverse impacts on any real
property that is listed in the California Register of Historic Places.
(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 sesene accessory dwelling un its do not exceed the allowable density
for the lot upon which the sesend accessory dwelling unit is located, and that seeenEI
accessory dwelling units are a residential use that is consistent with the existing
general plan and zoning designation for the lot.
(D) Require the accessory dwelling units to comply with all of the following:
(i) The unit is not intended for sale separate from the primary residence and may be
rented.
(ii) The lot is zoned for single-family or multifamily use and contains an existing, single-
family dwelling.
(iii) The accessory dwelling unit is either attached to the existing dwelling or located
within the living area of the existing dwelling or detached from the existing dwelling and
located on the same lot as the existing dwelling.
(iv) The increased floor area of an attached accessory dwelling unit shall not exceed 50
percent of the existing living area, with a maximum increase in floor area of 1, 200
square feet.
(v) The total area of floorspace for a detached accessory dwelling unit shall not exceed
1, 200 square feet.
9900S 2\1\1 967153 .1
9/28/2016
EXHIBIT a
1
(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 garage that is converted to a accessory
dwelling unit, and a setback of no more than five feet from the side and rear lot lines
shall be required for an accessory dwelling unit that is constructed above a garage.
(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 unit or per bedroom. These spaces may be provided as tandem parking on
an existing 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, or that it is not permitted anywhere else
in the jurisdiction.
(Ill) This clause shall not apply to a 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, and the local agency requires that
those offstreet parking spaces be replaced, the replacement spaces may be located in
any configuration on the same lot as the accessory dwelling unit, including, but not
limited to, as covered spaces, uncovered spaces, or tandem spaces, or by the use of
mechanical automobile parking lifts. This clause shall not apply to a unit that is
described in subdivision (d).
(2) The ordinance shall not be considered in the application of any local ordinance,
policy, or program to limit residential growth .
(3) When a local agency receives its first application on or after July 1, 2003, for a
permit pursuant to this subdivision, the application shall be considered 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. Nothing
in this paragraph may be construed to require a local government to adopt or amend an
ordinance for the creation of second units. p er mits, within 12 0 days a fte r re ceiving the
application. A local agency may charge a fee to reimburse it for costs that it incurs as a
result of amendments to this paragraph enacted during the 2001-02 Regular Session of
the Legislature, including the costs of adopting or amending any ordinance that provides
for the creation of seeeREt 1:mits. an accessory dwelling unit.
990052\1 \1967153.1
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2
tb1 (4) fB An '.t\IAeR existing ordinance governing the creation of an accessory
dwelling unit by a local agency which has not adopted an ordinance governing second
units in acaordance with subdivision (a) or (c) receives its first application on or after
July 1, 1983, for a permit pursuant to this subdivision, the loaal agency shall aacept the
application and approve or disapprove the application ministerially without discretionary
review pursuant to this subdivision unless it or an accessory dwelling ordinance
adopted by a local agency subsequent to the effective date of the act adding this
paragraph 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. In the event that 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 upon the effective date of the act adding this paragraph 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 +A
accordance with subdivision (a) or (c) within 120 days after receiving the appliaation.
Notwithstanding Section 65901 or 65906, every local agency shall grant a variance or
special use permit for the creation of a second unit if the second unit complies with all of
the following: that complies with this section.
~'\)The YRit is net intended for sale and may tie r:ented.
(8) The lot is zoRed fer single family er mlilltifamily Yse.
(C) The lot sentains an existing single family dwelling.
(D) The sesoRd unit is either attashed to the existing c;l•.wlling and losateEI within the
li11ing aFea ef tl:le e:iEisting c:W,.ielling er detaehed frem the eMi&tiRg dwelliRg and lesated eR
tf:te &aFRe let as the exi&tiRg dwelliRg.
(E) The insreased fleer area of aR attasheEI seseREi Ynit shall net exseeEI 30 peroeRt ef
tl:le existing lit.•ing area.
(F) The tetal area of fleer:spase fer a EietasheEi sesenc:t Ynit shall net exeeec:t 1,200
sqYaFe feet.
(G) ReqYirements relating ta height, seteaek, let 69\'&Fage, arohiteetYFal Fe'liew, site
plaR r:e•,,.iiew, fees, shartes, aRc:t other zoRiRg Fequir:ements geRerally applieatlle ta
resiEleAtial seR&trYetien in the zene in whieh the preperl\,' is lesateEi.
(l=t) Lesal euilEiing sode r:eqYirements whist:t apply ta Eietast:ted dwellings, as a13prepriate.
(I) Appr&>.'-81 ey the losal health e#iser wheFe a prit,,.iate sewage dispesal system is eeing
YSeEI, if reqYired.
~ (5) No other local ordinance, policy, or regulation shall be the basis for the denial of
a building permit or a use permit under this subdivision.
~ (6) This subdivision establishes the maximum standards that local agencies shall
use to evaluate prepeseEI seeene Ynits OR lets a proposed accessory dwelling unit on a
lot zoned for residential use whish sentain that contains an existing single-family
dwelling. No additional standards, other than those provided in this subElivisieR or
subdivision (a), subdivision, shall be utilized or imposed, except that a local agency
may require an applicant for a permit issued pursuant to this subdivision to be an
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owner occupant. owner-occupant or that the property be used for rentals of terms
longer than 30 days.
~ (7) No 6haRges iR zoRiRg oFEfiRaRoes or other oFEfiRaRGes or aRy shaRges iR the
geReral plaR shall ee ret:.tuired te implemeRt this s1:1ec:tNisioR . AAy A local agency may
amend its zoning ordinance or general plan to incorporate the policies, procedures, or
other provisions applicable to the creation of seooREi 1:1Rits an accessory dwelling unit if
these provisions are consistent with the limitations of this subdivision.
{5j (8) A second unit which conforms to the requirements of 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 wRi6ll that is
consistent with the existing general plan and zoning designations for the lot. The seooRd
~ accessory dwelling unit shall not be considered in the application of any local
ordinance, policy, or program to limit residential growth.
~ (b) Ne-When a local agency shall adopt an ordinance which totally precludes
second units \Vithin single family or multifamily zoned areas unless the ordinance
contains findings acknowledging that the ordinance may limit housing opportunities of
the region and furtt:ler contains findings that specific adverse impacts on the public
health, safety, and welfare that would result from allowing second units within single
family and multifamily zoned areas justify adopting the ordinance. that has not adopted
an ordinance governing accessory dwelling units in accordance with subdivision (a)
receives its first application on or after July 1, 1983, for a permit to create an accessory
dwelling unit pursuant to this subdivision, the local agency shall accept the application
and approve or disapprove the application ministerially without discretionary review
pursuant to subdivision (a) within 12 0 days after receiving the application.
~ (c) A local agency may establish minimum and maximum unit size requirements for
both attached and detached second accessory dwelling units. No minimum or
maximum size for a seoeRc;t an accessory dwelling unit, or size based upon a
percentage of the existing dwelling, shall be established by ordinance for either
attached or detached dwellings wRiGR that does not permit at least an efficiency unit to
be constructed in compliance with local development standards. Accessory dwelling
units shall not be required to provide fire sprinklers if they are not required for the
primary residence.
(d) Notwithstanding any other Jaw, 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 of public transit.
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(2) The accessory dwelling unit is located within an architecturally and historically
significant historic district.
(3) The accessory dwelling unit is part of the existing primary residence or an existing
accessory structure.
(4) llVhen on-street parking permits are required but not offered to the occupant of the
accessory dwelling unit.
(5) ltVhen there is a car share vehicle located within one block of the accessory dwelling
unit.
(e) Parking requirements f.or sesond units shall not exseed one parking spase per unit
or per bedroom. Additional parking may be required provided that a finding is made that
the additional parking requirements are directly related to the use of the sesond unit and
are consistent with existing neighborhood standards applicable to existing d·11ellings.
Off street parking shall be permitted in setback areas in locations determined by the
local agency or through tandem parking , unless spesific findings are made that parking
in setback areas or tandem parking is not feasible based upon spesifis site or regional
topographical or ~re and life safety conditions , or that it is not permitted anywhere else
in the jurisdistion. Notwithstanding subdivisions (a) to (d), inclusive, a local agency shall
ministerially approve an application for a building permit to create within a single-family
residential zone one accessory dwelling unit per single-family lot if the unit is contained
within the existing space of a single-family residence or accessory structure , has
independent exterior access from the existing residence, and the side and rear setbacks
are sufficient for fire safety. Accessory dwelling units shall not be required to provide fire
sprinklers if they are not required for the primary residence.
(f) (1) Fees charged for the construction of seeond accessory dwelling units shall be
determined in accordance with Chapter 5 (commencing with Section 6iQQQ). 66000)
and Chapter 7 (commencing with Section 66012).
(2) Accessory dwelling units shall not be considered new residential uses for the
purposes of calculating local agency connection fees or capacity charges for utilities,
including water and sewer service.
(A) For an accessory dwelling unit described in subdivision (e), a local agency 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.
(B) For an accessory dwelling unit that is not described in subdivision (e), a local
agency 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 size or the number of its
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plumbing fixtures, 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 seooRd l:IRits . an accessory dwelling unit.
(h) Local agencies shall submit a copy of the ordinances ordinance adopted pursuant
to subdivision (a) ef-{6t-to the Department of Housing and Community Development
within 60 days after adoption.
(i) As used in this section , the following terms mean:
(1) "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.
(2) "Local agency" means a city, county, or city and county, whether general law or
chartered .
(3) For purposes of this section, "neighborhood" has the same meaning as set forth in
Section 65589.5.
(4) "SeooRd "Accessory dwelling unit" means an attached or a detached residential
dwelling unit which provides complete independent living facilities for one or more
persons. It shall include permanent provisions for living, sleeping, eating , cooking , and
sanitation on the same parcel as the single-family dwelling is situated. A seoeRd An
accessory dwelling unit also includes the followi ng :
(A) An efficiency unit, as defined in Section 17958.1 of Health and Safety Code.
(B) A manufactured home, as defined in Section 18007 of the Health and Safety Code.
(5) "Passageway" means a pathway that is unobstructed clear to the sky and extends
from a street to one entrance of the accessory dwelling unit.
0) 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 (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
seooRd accessory dwelling units.
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Sec. 29.10.020 . -Definitions.
For the purposes of this chapter, the following words and phrases shall have the meanings asaibed
to them in this section unless the context clearly indicates otherwise:
Accessory building or structure means a subordinate building or structure on the same lot or building
site, the use of which is incidental to that of the main structure or building and which is used exclusively
by the occupants or owners of the main structure or bulld lng.
AccessorySeseR9ary dwelling unit means a detached or attached dwelling unit which provides
complete independent living faciliti es for one (1) or more persons and is accessory to and generally
smaller than a primary dwelling unit. A n accessory sec ondary dwelling unit Is located in a permanent
structure with separate entrance, sleeping, bath and kitchen facilitles (stove, hot plate, microwave oven or
equivalent).
(1) A d etached accessoMecondary dwelling unit 1s physically separate from the primary dwellfng
unit.
(2) An attached accessorvseconeary dwellmg unit Is phvsically attached re~1:1ires FRodificatioR to
tl=le exterier walls 9f the primary dwelling unit
(3) .r..n interior seeendary ei.'Jelling 1o1nit reqi:.ires FRee ifieatiens enly to tl=le interier walls of u~e f:}r:imary
"'tJelling 1o1nit.
Accessway means a portion of a parcel of land which, because of Its size and shape and its
relationship to the street and ba:ance of the property, is suitable only for pedestrian or vehicular access to
the balance of the property.
Adjacent means nearby or close to, but not necessarily abutting.
Agriculture means the tilling of the soil, the raising of crops, horticulture, viticulture, small livestock
fanning, dairying or animal husbandry, including all uses customariiy incidentai thereto, but not including
slaughterhouses, fertilizer yards, bone yards, or plants for the reduction of animal matter or any other
industrial use which is similarly objectionable because of noise, odor, smoke, dust or fumes.
Airport means any area of land , water, building or structure used for the landing and taking off of
aircraft such as, but not limited to, propeller, rocket, Jet-driven aircraft and helicopters.
Alter means to change, modify, or add to in construction, or to change in size, shape, character,
occupancy, or use, a building or structure.
Animal husbandry means the raising of horses and cattle. Animal husbandry shall not include hog
farming or dairying.
Apartment, see Dwelling, multiple.
Apartment hotel means an apartment hotel which is a building or portion thereof used or designed as
a residence for three (3) or more families living independently of each other In which food or meals are
regularly provided to the tenants or some of them, and in which housekeeping or maid service Is routinely
provided to the tenants or some of them.
Arterial means any highway, street or road so designated in the general plan.
Attic means a non-habitable space (that may or may not be used for storage) with a maximum height
of seven (7) feet six (6) inches as measured from the upper surface of the attic floor to the underside of
the roof above. For the purposes of this definition, unfinished attic spaces are considered to have floor
surfaces. Or.ce an attic space exceeds seven (7) feet six (6) inches in height, all areas down to five (5)
feet will be counted toward the floor area ratio .
Automobile wrecking, see Junkyard.
' \ \ ' ' ' EXHIBIT 4
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DIVISiON 4. -PARKING
Sec. 29.10.145 . -Requirements generally.
(a) Intent. This division regulates the number and standards for off-street parking spaces required by
this chapter, and the development of off-street parking spaces in order to reduce street and traffic
congestion end to provide safely and attractively designed parking facilities which are compatible
with the surrounding land uses.
(b) Use of land and buildings. No use of land shall be commenced, no building or structure shall
hereafter be erected, constructed or moved within or onto MY tot or parcel of land for any use or
purpose, and no existing land or building use other tha'tf:~ lawful nonconforming use as to the
requirements of this division shall continue unless .:Off~. parking spaces are provided and
maintained In accordance with the requirements of tfuS ·division. Ng building or moving permit shall
be issued unless the requirements of this division are shown on &!e plans and application submitted
for such permit, and no final inspection or authorrzation for utility -service shall be given until the
requirements of this division for the use requested have been met. · '._., ·,.
:.: .::··.
(c) Authorization of buildings or uses. No building or use which is a lawful noh~nning use as to the
requirements of this division shall be expanded through an increase In the riUJNaer' of living units or
gross floor area, or modified or changed through an increaae in seating capacify.~ ~ber of persons
employed or otherwise, unless the number of additional off-street parking spacel necessitated by
such remodeling, expansion, modification or change under the provlsions of this division are
provided.
(d} Fractions. If the number of required off-street parking spaces contains a fract!on, such number shal!
be changed to the n~.~her whole number.
(e) Mixed uses. Wh~·;,;nt&d ~aes .ar. located on the same lot or parcel, or within the same building, the
sum total of the r&b:l rted parking_~ the individual use shall apply;
(f) Spaces for one use ~-An off'"$:treet parking space for one ( 1) use shall not be considered to
provide a required off-s~ parl«ng _s,paqe for any other use, except in the case of an alternating use
approved by the deciding bO~y ~ hererliijfter provided.
. ~·-:· ·.; 1· : (g) Commercial operation of parking .$p.acas. · .. , .. ·
(1) AU privately owned off-street ·~JIQ spaces required to be provided by this division, or required
by the administrative approval a~ed by this chapter, shall be operated without charge to
the users thereof. No prwate!y owr'led-parking lot which contains such spaces shall be operated
commerclal.fy or under a validation system whereby parkers patronizing business for which the
spaces are provided are admitted to the lot free of charge or at reduced charges and other
parkers are charged a fee, and the admission of vehicles to such lots shall not be restricted by
gates or other physical means during periods when the use or uses for which the spaces are
required are in operatK>n. The provisions of this section shall not be deemed to prohibit the
posting of signs at entrances to such parking lots identifying the businesses or uses for whose
benefrts the lots are operated, prohibiting other parking under threat, and enforcing such
prohibitions.
(2) Notwithstanding subsection (1) above, a parking lot located within a town parking assessment
district may be operated with a charge for its use under the following circumstances If the town
has Instituted and continues to maintain a charge for use of town owned or operated parking
lots In the district:
a. A charge is made for use of the private parking lot that does not exceed the highest hourly
rate charged by the town for use of its lots. Such a charge may include a validation system
whereby parkers are admitted to the lot free of charge or at reduced charges if certain
EXHIBIT 5 · .
Page 1
businesses are patronized and may also include restriction by gates or other physical
means; or
b . Use of valet parking, so long as the parking lot is usable at all times during which the
parking spaces are in operation as required by this chapter, and the use of the valet
parking has been approved by the Development Review Committee pursuant to a parking
lot permit; or
c. A combination of a charge and valet system.
(3) Notwithstanding subsection (1) above, a private parking lot, or sections of a private parking lot
located within a Town parking assessment district may be operated as a valet parking lot under
the following circumstances:
a . The valet parking may be provided with or without charge to the public; and
b. The valet parking lot service adheres to and maintains all fire codes and emergency
access standards; and
c . The valet parking lot service shall not Im pair the safe and efficient use of existing adjacent
non-valet parking; and
d . The private valet parking lot is approved by the Development Review Committee pursuant
to a parking lot permit. The Development Review Committee shall have the discretion to
deny the parking lot permit application if any criteria set forth above and/or any other rules
and regulations adopted by the Town Council cannot be met and shall have the ability to
revoke the parking lot permit for valet parking With a minimum of ten (10) days notice.
(h) Permit required for parking lot improvements. No person shall erect, construct, relocate, enlarge,
alter, repair, move, improve, remove, or convert any parking lot without a permit except:
(1) When repainting the existing lines in the same configuration without any resurface or top coat;
(2) When included as part of a zoning approval; or
(3) Normal maintenance which does not involve extensive structural repairs when necessary to
provide for health or safety.
(i) Prohibition of assigned parking spaces. No private parking lots shall have parking spaces assigned
to a specific business unless there is excess parking available for the site. The number of spaces
assigned to a business shall be limited to the number of excess parking spaces available over the
number required by Town Code.
(Ord. No. 1316, §§ 3.40.010--3.40.120, 6-7-76; Ord. No. 1446, 11-19-79; Ord. No. 1640, 3-4-
85; Ord. No. 2016, §I, 5-20-96; Ord. No. 2034, §II, 10-7-97; Ord. No. 2061, §I, 4-19-99; Ord.
No. 2149, §I, 5-1-06; Ord. No. 2246. § 1. 11-17-15 )
Sec. 29.10.150. -Number of off-street spaces required.
(a) Intent. The regulations contained in this section are intended to insure the provision of a sufficient
number of off-street parking spaces privately and publicly owned and operated to satisfy needs
generated by permissible uses.
(b) Parking requirements for downtown. In addition to other parking requirements, one visitor parking
space for each residential unit other than detached single-family or two-family dwelling shall be
required unless the Planning Commission makes a finding that more or less visitor parking is
necessary due to the size or type of housing unlt(s). The parking requirement for various uses in the
downtown are as follows:
(1) Retail and commercial stores and shops. One (1) parking space for each three hundred (300)
square feet of gross floor area.
Page 2
(2) Business and professional offices, banks, financial institutions, insurance companies, social
service agencies and studios. One (1) parking space for each two hundred fifty (250) square
feet of gross floor area.
(3) Restaurant (no separate bar). One (1) parking space for each four (4) seats.
{4) Restaurant (separate bar). One (1) parking space for-each three (3) seats.
(5) Bars, taverns and nightclubs. One (1) parking space for each three (3) seats.
(6) Theaters. One (1) parking space for each three hundred (300) square feet of gross floor area.
(7) For uses not specifically listed in this subsection the requirements shall be as set forth in
subsection (c).
(c) Outside downtown parking requirements. The number of off-street parking spaces required for areas
outside the downtown is set in this subsection. When a use is not listed in this subsection, the
Planning Director shall determine the parking requirements by analogy to the requirements for the
listed uses . In addition to other parking requirements, one visitor parking space for each residential
unit other than a detached single-family or two-family dwelling shall be required, unless the Planning
Commission makes a finding that more or less visitor parking is necessary due to the size or type of
housing unit(s).
(1) Single-family, residential condominiums and two-family dwellings. Two (2) parking spaces for
each living unit.
(2) S.seREIAccessory dwelling units. Parking spaces shall be provided in addition to the required
minimum number of parking spaces for the primary dwelling unit. Parking spaces required for
the accessory dwelling unit may be provided as tandem spaces. provided that It is feasible
based on specific site or fire and life safety conditions, When a garage. carport. or covered
oarklng structure is demolished in conjunction with the construction of an accessory dwelling
unit. any lost off-Street parking spaces required for the primary residence mav be located in any
configuration on the same lot as the aooessorv dwelling unit. including as tandem spaces. or by
the use of mechanical automobile oarklng lifts
Parking soaces for accessory dwellina units shall be provided as follows:
IRterier secoAdary Ei'fJeUiRg 1:1Rit ..... 1 spase
Attached seooREiaaccessory dwelling unit .... 1 space
Detached studio or on1-bedroom seeeREiaaccessory dwelling unit ..... ai spaces
Detached two-bedroom accessorv dwelling unit ..... 2 spaces
a . Exceptions. No parking spaces shall be required if the accessory dwelling unit meets any
of the following critena;
(1) The accessory dwelling unit is located within one-half mile of public transit.
(2) The accessory dwelling unit Is located within an architecturally and historically
significant historic district.
(3) The accessory dwelling unit is within the existing space of a primary residence or an
existing accessory structure.
(4) When on-street parking oermits are required but not offered to tbe occupant of the
accessory dwelling unit.
(5) When there is a car share vehicle located within one block of the accessory dwelling
unit.
Page 3
(Ord. No. 1316, §§ 3.41.010-3.41.075, 6-7-76; Ord. No. 1328, 8-2-76; Ord. No. 1349, 3-21-77;
Ord. No. 1363, 8-1-77; Ord. No. 1375, 11-21-77; Ord. No. 1493, 3-17-81; Ord. No. 1546, 8-16-
82; Ord. No. 1652, 4-15-85; Ord. No. 1654, 4-22-85; Ord. No. 1657, 6-3-85; Ord. No. 1724, 5-
18-87; Ord. No. 1789, §VI, 5-15-89; Ord. No. 1854, §I, 6-3-91; Ord. No. 1945, §I, 6-7-93;
Ord. No. 2083, §I, 5-7-01; Ord. No. 2149, §I, 5-1-06)
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DIVISION 7. -ACCESSORY DWELLING UNI TSHI
Footnotes:
---(4) ---Editor's note-Ord. No. 2115, §I, adopted Sept. 15, 2003, repealed§§ 29.10.305 through
29.10.320 in their entirety and enacted new§§ 29.10.305 through 29.10.330. Former§§ 29.10.305
through 29.10.320 pertained to simiiar subject matter. For a compiete history of former§§ :l9.10.3US
through 29.10.320 see the Code Comparative Table.
Sec. 29.10.305. -Intent and authority.
This division is adopted to comply with amendments to State Law §65852.2 which mandates that
applications for accessory dwelling units be considered ministerially without a public hearing ; and.,.....lt
provides for the Town to set standards for the development of accessory dwelling units to increase the
supply of affordable housing in a manner that is compatible with existing neighborhoods.
(Ord. No. 2115, §I, 9-15-03)
Sec. 29.10.310. -Definitions.
Existing unlawful accessory dwelling units. An existing unlawful accessory dwelling unit is defined as
an accessory dwelling that existed in the Town or the County on June 1, 1983, and has existed and been
used continuously from that date to the date on which application to Town is made for an accessory
dwelling unit permit. Existing unlawful accessory dwelling units are eligible for an accessory dwelling unit
permit regardless of the zone in which the property is located.
Efficiency unit. As defined by the Uniform Building Code.
Manufactured home. As defined by the Uniform Building Code.
Nonconforming accessory dwelling units. A nonconforming accessory dwelling unit is defined as an
accessory dwelling unit that exists under the following circumstances:
(1) A unit is created or converted lawfully but due to a zone change or an amendment to the zoning
ordinance the unit has become nonconforming.
(2) The unit was lawfully created while in the County and upon annexation the unit becomes
nonconforming.
New accessory dwelling unit. A new accessory dwelling unit is defined as an attached (with an
interior or exterior entrance) or a detached residential dwelling unit, created after June 1, 1 QB3December
31. 1987. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the
same parcel where aas tl=le s1Rgle faFRily orimary dwellin9...Y!!it is situlocated. An accessory dwelling unit
also includes efficiency units and manufactured homes.
(Ord. No. 2115, §I, 9-15-03)
Sec. 29.10.315. -Existing unlawful_-accessory dwelling units.
(a) Permits. The owner of a n existing unlawful nonconforming accessory dwelling unit must obtain an
accessory-dwelling unit permit. Any application received after December 31, 1987, shall be subject
to an application fee and may be subject to a civil penalty pursuant to section 29.20.960(4).
EXHIBIT.6
Page 1
(b) Number. A maximum of two (2) existing accessory dwelling units are allowed on a single lot. All other
accessory dwelling units on the property must be abated.
(c) Units existing in Town on June 1, 1983. An existing unlawful accessory dwelling unit in Town, as
defined in this chapter, for which an application for a n accessory-dwelling unit permit was not filed
by December 31, 1987, shall be treated as a new acces sory dwelling unit. If the unit does not qualify
as a new accessory dwelling unit pursuant to section 29.10.320, the unit shall be deemed to be
unlawful and mustwm be abated.
(d) Units existing in county. The owner of an existing unlawful accessory dwelling unit in the County
shall have 90 days following the date of annexation into the Town to apply for an accessory-dwelling
unit permit. If such a timely application is made, the standards of this section shall be applied to the
application. If no application is made within the 90-day period, the unit shall be treated as a new
accessory-dwelling unit. If the unit does not qualify as a new acces sory dwelling unit pursuant to
section 29.10.310, the unit shall be deemed to be unlawful and must be abated.
(e) Housing code. Any unit receiving an accessory dwelling umt permit pursuant to subsection (d) shall
be required to comply with the Town housing code, and all improvements shall be completed within
one (1) year from the date of application. Where a timely application under subsection (c) has been
filed, and approved, an extension from the compliance date may be granted for good cause shown.
An extension of more than six (6) months may be granted by the Planning Commission upon finding
that a hardship exists.
(f) Development standards. Existing unlawful accessory dwelling units need not comply with the
development standards required by the zone in which the property is located nor the development
standards required by section 29.10.-320 for new accesso.rv dwelling units.
(g) Parking. Existing accessory dwelling units shall not be required to add parking in order to comply
with the parking requirements for accessory dwelling units; however, if parking exists at the time the
accessory dwelling unit permit is issued, such parking shall not be reduced below the number of
spaces that would be required for the accessory dwelling unit(s).
(h) Remodeling, reconstruction, demolition, conversion, or removal. Remodeling, reconstruction,
demolition, conversion, or removal of accessory dwelling units shall be as follows:
(1) Where a timely application under subsection (c) has been filed and approved, an accessory
dwelling unit may be remodeled providing the building height, and floor area do not exceed that
which is allowed for a new unit.
(2) Community Development Director approval 1s required for the remodeling or reconstruction of
an existing accessory dwelling unit in the case of destruction. The proposed construction shall
be designed so as to architecturally harmonize with the surrounding structures so long as the
construction does not increase the height or size of the unit. The factors to be considered when
reviewing the design of such proposed construction include:
a. Building height.
b. Building materials and compatibility.
c. Colors and materials .
d. Setback conformity.
e. Floor area rat io.
(Ord. No. 2115, §I, 9-15-03)
Sec. 29.10.320.-= New accessory dwelling units.
Page 2
(a) Incentive program. Any accessory dwelling unit developed under an incentive program established
by resolution of the Town Council shall be made affordable to eligible applicants pursuant to the
requirements of the incentive program.
(b) Design and development standards.
(1} Number. Only one (1) ReW-accessory dwelling unit may be permitted en a let. No additional
accessory dwelling unit is allowed upon a lot with an existing accessory dwelling unit.
(2) Permitted zones. Accessory dwelling units are allowed on .§!Lconforming lots and on
nonconforming lots 10.000 square feet or greater in the R-1, R-M and R-1 D zones: and on· lots
five acres or greater in the HR zones. with the recordation of a deed restriction specifying that
the accessory dwelling unit shall be offered at a reduced. rent that is affordable to a lower
income renter Cless than 80 percent AMI) if the unit is occupied by someone other than a
member of the household.
(3) Setbacks. Attached accessory dwelling units shall comply with the setbacks of the zone for a
primary dwelling unit.
Detached accessory dwelling units shall comply with the following minimum setbacks:
a. The same front setbacks and side setbacks abutting a street as those of the zone
for a primary dwelling unit.
b. Five (5) feet from rear and side property lines
c. Five (5) feet from aov other structure located on the same lot.
An accessory dwelling unit shall be permitted if the accessory dwelling unit is contained within
the existing space of a primary dwelling unit or accessory structure. The accessory dwelling unit
shalf have existing side and rear setbacks sufficient for fire safetv.
(4) Height. OetaGhed Accessory dwelling units shall not exceed one (1) story in height, and shall
not exceed fifteen (15) feet in height.
(5) Maximum unit size and maximum number of bedrooms.
Maximum unit size Maximum No. bedrooms I r-----1---· -··-----·---------·-----------------+--------------'
' ~ +iQ-50% of living area
1
, Attached
1
1 up to 900 sq. ft., or
,Efficiens;y ynit
1
Detached QQOl,200 sq. ft .. or Efficiency Unit 2
-------'-----·--------·--------------'-------------l
(6) Floor area. All accessory dwelling units (attached or detached) must comply with the floor area
ratio standards for the zoneprimary strY6tYFes .
(7) Lot coverage. Accessory dwelling units must comply with lot coverage maximums for the zone
except with regard to the addition of a single efficiency unit. Detached accessory dwelling units
shall not occupy more than fifteen l15l percent of the lot. to be calculated exclusive of the
reauired building setbacks.
(8) Parking. In addition to parking otherwise required for units as set forth in section 29.10.150 of
the Town Code, the number of off-street parking spaces required by this chapter for the primary
Page 3
d welllng unit shall be provided prior to the issuance of a building permit or final inspection, for
2tAe new accessory dwelling unit. When a g arage . ca r port. o r covered pa rk i ng st ructure is
demolis hed in con junction wit h the constru ction of an acce ssory d welli ng unit. any lost off-str e et
parking spaces re quired for the primary dwelling u n it may be located in a ny co nf igu ration on the
same lot as the a ccessory dwelling unit. including as ta ndem spaces. o r by the use o f
m echanical auto mo b il e park ing lifts .
In a ee iti en to t he nu m ber of spases as se t fertt:i in this seGti en , aEl ditienal s pases rnay be
requi re d if t t:i e fellewing f.l nd in gs are rn a ee :
a. Ade ltlonal par kin9 is Elireetly related ta tl:ee use ef the sese nd 1::1 nit.
9. t\Ele itio na l p arki ng is sonsistent wit h existing nei g h 99FA eoe stan Ela F9 s a pp lis aele te existing
ewellings.
a . Exceptions. No pa rki ng spaces s hall be required if the a ccessorv dwelling un it meets any
of t he follow ing cr iteria:
(1) T he a ccessory dwelling unit is located with in o n e-h alf mile of public tra nsit.
(2) The accessory dwe ll ing unit is located w ithin a n architectu rally a n d historica lly
sig nificant historic d istr ict.
(3) T he a ccessorv dwelli ng un it js w jthln the ex ist ing space of a p rim ary dwelling unit or
a n existing accessory structure.
(4 ) When o n-st reet parkm_g perm its are required b ut not offered to the occupa nt of the
accessory dwelling unit
(5) When th ere is a car share vehicle lo cated with in o ne block of t he acce ssorv dwelling
unit.
(9) Design, form, materials .. and color. The design, form , materials and color of a new accessory
dwelling unit shall be compatible with the primary dwelling unit and the neighborhood.
Acc e s sory dwelling units shall retain the single-family appearance of the property.
(10) Town codes and ordinances. All accessory dwelling units shall comply with all the provisions of
this chapter and other applicable Town codes.
(11) Bwlding codes. The accesso~ dwell ing unit shall comply with applicable building, health and
fire codes. The accessor y dwelling u n it shall not be req u ire d to or ovlde fir e s prinklers If th ey are
not reaulred for the onm a ry dwelling_ u n it.
(12) Denial. An application may be denied if it does not meet the design and development standards.
An application may also be denied if the following findings are made:
a. Acknowledgment of limiting the housing opportunities In the region.
b. Adverse impacts on health, safety ... and/or welfare of the public.
(1 3 ) Con version of ex isting floor area. An a ccessorv dwelling unit sha ll b e pe rmitted if the acce ssory
dwelling u nit is conta ined within the ex isting space of a pr im ary dwelling unit o r accessory
structure. The follow ing provis io ns shall apply :
a. The accessory dwelling unit shall be located within a permitted zone .
b. The accessory dwelling unit shall have separate entrance from the primary dwelling unit.
c. The accessory dwelling unit shall have existing side anct rear setbacks sufficient for fire
safetv.
d . No parking spaces s hall be required for the accessory dwelling unit.
Page4
(Ord. No. 2115, §I, 9-15-03; Ord. No. 2149, §I, 5-1-06)
Sec. 29.10.325 -Nonconforming units.
(a) Permits. The owner of a nonconforming accessory dwelling unit must obtain an accessory dwe!ling
unit permit. Any application received after December 31, 1987, shall be subject to an application fee
and may be subject to a civil penalty pursuant to section 29.20.960(4).
Where an application has been submitted for a nonconforming accessory dwelling unit permit and
Town records do not establish the nonconforming status of the a_c:cessorv dwelling unit, the property
owner will have sixty (60) days from the date of notice the owner 1s informed of the Town's findings to
submit data to support their claim that the accessory dwelling unit 1s nonconforming.
If at the end of sixty (60) days data has not been submitted by the property owner to establish the
accessory dwelling unit is nonconforming to the satisfaction of the Community Development Director, the
unit shall be determined to be an existing unlawful accessory dwelling umt pursuant to section 29.10.315
and subject to its regulations.
(b). Units existing at time of annexation. Upon annexation a lawful accessory dwelling unit shall become
nonconforming and the owner must either apply for a n accessorv dwelling unit permit within one (1)
year of the date of annexation, or the units shall be determined to be unlawful accessory dwelling
units pursuant to section 29.10.315.
(c) Number. A maximum of two (2) nonconforming accessorv dwelling units are allowed on a single lot.
All other accessory dwelling units on the property must be abated.
(d) Housing code. Nonconforming accessorv dwelling units shall comply with the Town's housing code
as follows:
(1) Any nonconforming aCCE!ssory dwelling unit receiving a n accessory ·· dwelling unit permit
pursuant to subsection (b) shall be required to comply with the Town housing code.
(2) Any nonconformrng accessory dwelling unit receiving a n accessory dwelling unit permit
pursuant to subsection (c) shall be required to comply with the Town housing code and all
improvements shall be completed withrn one (1) year from the date of application.
(3) Where a timely appiication under subseciion (b) or subsection (c) has been filed, and approved,
an extension from the compliance date of up to six (6) months may be granted by the
Community Development Department for good cause shown. Any extension request for longer
than slx (6) months may be granted by the Planning Commission upon finding that a hardship
exists.
(4) Remodeling and reconstruction: Remodeling and reconstruction of nonconforming accessory
dwelling units shall be as follows:
a. Where a timely application under subsection (a) or subsection (b) has been filed and
approved, a n accessory dwelling unit may be remodeled providing the building height; and
floor~ do not exceed that which is allowed for a new accessorv dwelling unit.
b. Community Development Director approval is required for the remodeling or reconstruction
of a n accessory dwelling unit in the case of destruction. The proposed construction shall be
designed so as to architecturally harmonize with the surrounding structures so long as the
construction does not increase the height or size of the unit. The factors to be considered
when reviewing the design of such proposed construction include:
1. Building height.
2. Building materials and compatibility.
Pages
3 . Colors and material.§..
4 . Setback conformity.
5. Floor area ratio.
(Ord. No. 2115, §I, 9-15-03)
Sec . 29.10.330. -Elimination and/or demolition of existing a ccess o ry dwelling units.
In order to eliminate and/or demolish, without replacement, an approved accessorv d welli ng unit, the
deGidiRg bodyDesign Review Committe e shall make the finding that the proposed elimination and/or
demolition, (without replacement), is consistent with the Town's Housing Element of the General Plan. In
order to eliminate and/or demolish an existing accessory dw elling unit {vJf:ietl:ier or not It will be replaGed ),
the deaiding bodyOes ig n Review Com mittee must make the demolition findings pursuant to section
29.10.09030.
(Ord. No. 2115, §I, 9-15-03; Ord. No. 2149, §I, 5-1-06)
Sec . 29.10.335. -Expansion of existing or nonconforming accesso ry dwelling units.
For the purposes of this section only, expansion of an accessory dwelling unit Is defined as
lncr~aslng the number of bedrooms or adding floor area in excess of thirty (30) square feet. Requests for
expansion of any nonconforming accesso ry dwelling unit shall be subject to the same requirements as a
new accessory dwelling unil If the accesso ry dwelling unit(s) is located on a nonconforming lot less than
10.000 squ a re f eet, no expansion, as defined by this section, is permitted.
(Ord. No. 2149, §I, 5-1-06)
Secs. 29.10.340-29.10.400. -Reserved .
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9/18/2017 3 :52 PM8}ik;!2917 i:ll PM
ARTICLE IV. -RESIOENTIALZONES
DIVISION 1. -GENERALLY
Sec. 29.40.010. -Residential zones established.
Residential zones of the Town i:1rA the RC, HR, R-1 , RD , R-M , RMH and R-1 D zones.
(Ord. No. 1316, § 4.05.010, 6-7-76; Ord. No. 1344, 1-17-77; Ord. No. 1493, 3-17-81; Ord. No.
1571 , 3-7-83; Ord. No. 2024, §III, 12-2-96)
Sec . 29.40.015. -Accessory buildings.
In residential zones (defined by section 29.40.010), accessory structures (excluding horse barns and
shelters), located on the same site with a permitted use, including private garages and carports, studios
for private use, garden structures, greenhouses, hobby shops, reaeation rooms and free-standing patio
covers are allowed if such accessory structures:
A . (1) Are not over frfteen (15) feet high and are no more than one (1) story. Lofts which do not
have sufficient headroom for occupancy are permitted for storage use only.
(2) Are not in a required front or s ide yard.
(3) Are at least five (5) feet from any other structure located on the same lot.
(4) Are at least five (5) feet from any property line, except in the R-M zone where no setback is
required by this subsection (4).
(5) Do not occupy more then fifteen (15) percent of the lot, to be calculated exclusive of the
required building setbacks. AA¥-aAccessory structures other than accessory dwelling units
in excess of four hundred fifty (450) square feet F&Etl::lir:es tl:ie appr-ev~I 9f tt:ae PlaRRiRg
DiFeeteFShall be subject to tbe Administrative Procedure for Minor Residential Projects.
Detached accessory dwelling umts shall be subject to the provisions of Division 7 of this
chapter.
(6) When located on a reversed comer lot, do not project beyond the front yard line required
on the lot in the rear of such lot.
(7) Breezeways may be used to provide shelter between buildings .
Accessory structures may have plumbing installed providing the fixtures may be served by a
two·inch diameter building drain. Building drains in excess of two (2) Inches may be approved
by the Planning Director upon good cause shown.
B. Exceptions.
(1) In the R-1 zones, required side and rear yards for accessory structures other than
accessoriseseREI dwelling units, may be reduced to no less than three (3) feet from a property
line, if an application is approved through the Administrative Procedure for Minor Residential
Projects. A reduction in setbacks will not be allowed in the side yard abutting a street. aRd
eew.<eFsieR ef aeeessery str=w6t1c1Fes ~AtR reE11c1eeEI seteasks te a seeeREI ElwelliRS 1c1Rit is
pr-el!\il:liteEI .
Criteria to be considered when reviewing accessory structures within reduced setbacks shall
include the number and size of structures already within a reduced setback area, visibility,
EXHIBIT 'l
Page 1
compatibility with other structures in the neighborhood, historic preservation considerations,
privacy and compatibility of historic nature of neighborhoods.
(2) One (1) accessory structure less than one hundred twenty (120) square feet, is allowed in the
required side or rear setbacks without any zoning approvals. Any accessory structure in excess
of one will be subject to the requirements set forth in this section.
(3) In the R-1 zones, required side yard setbacks may be reduced to five (5) feet for detached
garages less than four hundred fifty (450) square feet without obtaining approval through the
Administrative Procedure for Minor Residential Projects (section 29.20.480). A i:eE11::1sti0n in
setbacks in tl:ie siEle yarEI ab1:.1t:ting a street sl:iall be sl:lbjest ta tl:ie AElrnin istratlve Presee1::1re far
Miner Res iElential Projests (sestien 29.2Q.4RQ).
(Ord. No. 1316, § 4.10.010, 6-7-76; Ord. No. 1363, 8-1-77; Ord. No. 1716, 4-20-87; Ord. No.
1726, 6-1-87; Ord. No. 1798, §III, 9-5-89; Ord. No. 1902, §I, 5-18-92; Ord. No. 2049, §I, 10-5-
98; Ord. No. 2062, §I, 6-21-99; Ord. No. 2149, §I, 5-1-06)
Page 2
From: Bill Walsh [mailto:coachbwalsh@gmail.coml
Sent: Tuesday, July 18, 201711:48 AM
To: Sally Zarnowitz
Subject: Conformance with State Housing Mandate
Hi Sally,
My name is Bill Walsh, a local real estate adviser and resident of Los Gatos. I met with Rob
Schultz last evening and he recommended I correspond with you. I live at 121 Johnson Ave., in
a newer (5 year-old home). We have a detached 2-car garage on an alley access with sideline
setbacks. I met with Joel several weeks ago who determined that a second story, residential
addition to a secondary structure did not comply with local zoning codes for privacy reasons,
notwithstanding that two of my three adjacent neighbors have them. Are you including my
situation and sites like mine in your study to comply with State mandates for relaxing codes to
comply with additional housing goals? Thanks, bill
Bill Walsh
121 Johnson Ave.
Los Gatos, CA 95030
(408) 499-9197
coachbwalsh@gmail.com
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