Bill Text: CA SB1469 | 2017-2018 | Regular Session | Amended
Bill Title: Land use: accessory dwelling units.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2018-05-25 - May 25 hearing: Held in committee and under submission. [SB1469 Detail]
Download: California-2017-SB1469-Amended.html
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Amended
IN
Senate
May 01, 2018 |
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Amended
IN
Senate
April 16, 2018 |
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Amended
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Senate
April 11, 2018 |
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Amended
IN
Senate
March 22, 2018 |
CALIFORNIA LEGISLATURE—
2017–2018 REGULAR SESSION
| Senate Bill | No. 1469 |
| Introduced by Senator Skinner |
February 16, 2018 |
An act to amend Sections 65852.2 and 65852.22 of the Government Code, and to add Section 17921.2 to the Health and Safety Code, relating to land use.
LEGISLATIVE COUNSEL'S DIGEST
SB 1469, as amended, Skinner.
Land use: accessory dwelling units.
The Planning and Zoning Law authorizes a local agency to provide by ordinance for the creation of accessory dwelling units in single-family and multifamily residential zones, requires the ordinance to designate areas within the local jurisdiction where accessory dwelling units may be permitted, and sets forth standards the ordinance is required to impose, including, among others, maximum unit size, parking, lot coverage, and height standards.
The State Housing Law requires, with an exception for building standards adopted, amended or repealed by the State Fire Marshal, the Department of Housing and Community Development to propose the adoption, amendment, or repeal of building standards to the California Building Standards Commission, as specified, and adopt, amend, and repeal other rules and regulations for the protection of the public
health, safety, and general welfare of the occupant and the public governing the erection, construction, enlargement, conversion, alteration, repair, moving, removal, demolition, occupancy, use, height, court, area, sanitation, ventilation and maintenance of all apartment houses and dwellings, and buildings and structures accessory thereto.
This bill would instead authorize accessory dwelling units to be created in areas where a single-family or multifamily dwelling is authorized. The bill would revise and recast the above-described provisions regarding accessory dwelling units to authorize the ordinance adopted for the creation of accessory dwelling units to designate areas where accessory dwelling units are excluded for fire and life
health and safety purposes based on clear findings supported by a preponderance of substantial evidence. The bill would limit the types of standards that a local agency may impose on accessory dwelling units, including parking, height, size, and setback requirements, and would revise certain standards as specified. The bill would include among the standards a requirement that the accessory dwelling unit comply with building standards in effect prior to the effective date of small home building standards that the bill would require the Department of Housing and Community Development to create, as specified, and submit to the California Building Standards Commission by January 1, 2020. The bill would require compliance with the latter building standards after their effective date. The
bill would require a local agency that has not adopted an ordinance for accessory dwelling units to consider the permit ministerially without discretionary review or a hearing, and would deem an application approved if the local agency does not act on the submitted application within 60 days. The bill would prohibit an accessory dwelling unit on a single-family lot, when assessed as new construction, from triggering a reassessment of the value of the underlying land and structures. The bill would require a local agency, regardless of whether it has adopted an ordinance, to ministerially approve an application for a building permit to create one or more accessory dwelling units in specified circumstances.
Existing law authorizes a local agency, special district, or water corporation to require
prohibits an accessory dwelling unit from being considered by a local agency, special district, or water corporation to be a new residential use for purposes of calculating connection fees or capacity charges for utilities. Existing law prohibits requirements for the installation of a new or separate utility connection between the accessory dwelling unit and the utility utility, except in instances where an accessory dwelling unit is subject to ministerial approval, as specified, and authorizes fees to be charged. charged in those instances.
This bill
would specify that an accessory dwelling unit is not subject to impact fees, connection fees, capacity charges, or any other fees or charges levied by a local agency, school district, special district,
or water corporation. The bill would also prohibit an accessory dwelling unit or a junior accessory dwelling unit on a single-family lot, when assessed as new construction, from triggering a reassessment of the value of the underlying land and structures. instead prohibit an accessory dwelling unit from being considered by a local agency, special district, or water corporation to be a new residential use for purposes of calculating fees charged for new development, except in certain circumstances when a new or separate utility connection between the accessory dwelling unit and the utility may be required and except for certain fees charged by a school district that the bill would limit to $3,000 per accessory dwelling unit.
Existing law requires a local agency to submit an ordinance adopted for the creation of accessory dwelling units to the department
and authorizes the department to review and comment on the ordinance.
This bill would authorize the department to submit written findings as to whether the ordinance complies with state law and to notify the Attorney General if the ordinance is in violation of state law. The bill would authorize the department to adopt guidelines to implement uniform standards or criteria to supplement or clarify the terms, references, and standards set forth in statute and would exempt the adoption of the guidelines from the Administrative Procedure Act. The bill would also revise applicable definitions and make other conforming changes.
Existing law authorizes a local agency to provide by ordinance for the creation of junior accessory dwelling units in single-family residential zones.
This bill would revise these provisions to among other things, require ministerial review of a permit and
issuance at the permit within 60 days of application.
By increasing the duties of local agencies with respect to land use regulations, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 65852.2 of the Government Code is amended to read:65852.2.
(a) A local agency may, by ordinance, provide for the creation of accessory dwelling units in areas(1) Impose not more than the following standards on accessory dwelling units:
(A) (i) Subject to subdivision (m), require parking if an accessory dwelling unit is proposed on
a lot. However, this parking requirement may be reduced or eliminated at the discretion of the local agency.
(ii) Subject to clause (iii), authorize required parking spaces to be provided as tandem parking, other nonconforming parking configurations, within a driveway, or within setback areas, without a requirement that any parking space be covered or within a structure.
(iii) The authorization of clause (ii) may be limited by specific findings by the local agency that tandem parking or other nonconforming parking configurations, or parking in setback locations is not feasible based upon specific site or regional topographical or fire and life safety conditions.
(B) Require a front yard setback, landscape, and an
architectural review of the accessory dwelling unit.
(C) Limits on accessory dwelling units greater than 800 square feet that are either attached to the rear of an existing or proposed primary dwelling structure or located in the rear yard of that dwelling structure.
(D) Standards that prevent adverse impacts on any real property that is listed in the California Register of Historic Places.
(E) Prohibit the accessory dwelling unit from being sold or otherwise conveyed separately from the primary dwelling structure, except that the accessory dwelling unit may be rented separately from the primary dwelling structure.
(F) Require the lot where an accessory
dwelling unit is located to have a proposed or existing single-family or multifamily primary dwelling structure.
(G) Require the accessory dwelling unit to be attached to or located within the living area of the proposed or existing primary single-family or multifamily dwelling structure, attached to or located within a proposed or existing accessory structure for the primary dwelling structure, or detached from the proposed or existing primary dwelling structure, and located on the same lot as the proposed or existing primary dwelling structure.
(H) Limit the total area of floorspace of an accessory dwelling unit and, if also on the same lot, a junior accessory dwelling unit, as defined in Section 65852.22, to not exceed 50 percent of the proposed or existing living area of
the primary dwelling structure or 1,200 square feet, whichever is greater.
(I) Require an accessory dwelling unit to comply with the building standards in effect prior to the effective date of the building standards described in Section 17921.2 of the Health and Safety Code. Upon the effective date of the building standards described in Section 17921.2 of the Health and Safety Code, the ordinance adopted pursuant to this section shall require compliance with those building standards. If the accessory dwelling unit is factory-built housing approved by the department, the ordinance shall require compliance with the building standards
for factory-built housing approved by the department and published in the California Building Standards Code.
(2) Provide that an accessory dwelling unit does 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 for the lot.
(3) Provide that an accessory dwelling unit shall not be considered to exceed the total allowable floor area or allowable floor-to-area ratio for the lot upon which the accessory dwelling unit is located.
(4) Provide that minimum lot size, total floor area, floor area ratio, and lot coverage standards shall not be applied to an
accessory dwelling unit in an existing structure or a new construction, single story rear yard accessory dwelling unit, unless the unit exceeds a height of 16 feet or exceeds four-feet side and rear yard setbacks.
(5) Provide that no passageway shall be required in conjunction with the construction of an accessory dwelling unit.
(6) Provide that no setback shall be required for an existing living area or accessory structure that is converted to an accessory dwelling unit or to a portion of an accessory dwelling unit, and a setback of no more than five feet from the side and rear lot lines shall be required for an accessory dwelling unit that is constructed above or attached to a garage or that is constructed in a rear or side yard area.
(7) Provide that an accessory dwelling unit that conforms to the ordinance shall be deemed to be an accessory use or an accessory building shall be deemed to be a residential use that is consistent with the existing general plan and zoning designations for the lot, and shall not be considered to be a change of use for any purpose or exceed the allowable density for the lot upon which it is located.
(b) The ordinance adopted pursuant to subdivision (a) may do any of the following:
(1) Designate areas within the jurisdiction of the local agency where accessory dwelling units may be excluded, but only for purposes of fire and life safety,
health and safety, including fire safety, purposes, based on clear findings that are supported by a preponderance of substantial evidence. The designation of these areas shall be based on criteria that include the adequacy of water and sewer services and other fire and life safety health and safety, including fire safety, issues.
(2) Require an applicant for a permit issued pursuant to subdivision (a) on a lot with a proposed or existing single-family dwelling to
be an owner-occupant. For purposes of this requirement, an owner-occupant shall include any of the following:
(A) An owner of the lot who occupies either the primary dwelling or the accessory dwelling unit, regardless of whether ownership of the lot is held in trust on behalf of the owner.
(B) A trust in which ownership of the lot is held if at least one beneficiary of the trust is a person with a disability and that person occupies the primary dwelling or the accessory dwelling unit.
(C) An organization or person that owns the lot and leases the primary dwelling or accessory dwelling unit at a below market rent pursuant to a regulatory agreement with a local agency.
(3) Require any rental of the property to be for a term longer than 30 days and be subject to additional short-term rental standards.
(4) Require approval by the local health officer where a private sewage system is being used.
(5) Limit the height of an accessory dwelling unit only if the accessory dwelling unit is greater than 16 feet.
(c) The ordinance and an accessory dwelling unit that conforms to the ordinance shall not be considered in the application of any local ordinance, policy, or program to limit residential growth.
(d) A permit application for an accessory dwelling unit submitted pursuant to the ordinance adopted pursuant to subdivision
(a) 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 60 days after receiving the application. If the local agency does not act on the submitted application within 60 days, the application shall be deemed approved. 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 an accessory dwelling unit.
(e) An existing ordinance governing an accessory dwelling unit adopted by a local agency shall provide an approval process that includes only ministerial provisions for the approval
of accessory dwelling units and shall not include any discretionary processes, provisions, or requirements for those units, except as otherwise provided in subdivision (a). If a local agency has an existing accessory dwelling unit ordinance that fails to meet the requirements of that subdivision, that ordinance shall be null and void and that agency shall thereafter apply the standards established in subdivision(a) for the approval of accessory dwelling units, unless and until the agency adopts an ordinance that complies with this section.
(f) No other local ordinance, policy, or regulation shall be the basis for the denial of a building permit or a use permit under the ordinance adopted pursuant to this section.
(g) This section establishes the maximum standards that local agencies
shall use to evaluate a proposed accessory dwelling unit
where a residential dwelling is authorized. on a lot zoned for residential use. No additional standards, other than those provided in this section, shall be utilized or imposed.
(h) If an ordinance imposes an owner occupancy restriction, this restriction shall not be monitored more frequently than annually based on published public documents that evidence residency, including, but not limited to, a drivers license, school registration, or a voter registration document.
(i) An accessory dwelling unit on a single-family lot shall not, when assessed as new construction,
trigger a reassessment of the value of the underlying land or other structures on the property.
(j) A local agency may amend its zoning ordinance or general plan to incorporate the policies, procedures, or other provisions applicable to the creation of an accessory dwelling unit if these provisions are consistent with the limitations of this section.
(k) When a local agency that has not adopted an ordinance pursuant to subdivision (a) receives an application for a permit to create an accessory dwelling unit pursuant to this subdivision, the local agency shall approve or disapprove the application ministerially without discretionary review pursuant to subdivision (a) within 60 days after receiving the application. If the local agency does not act upon the submitted
application within 60 days, it shall be deemed approved.
(l) 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 proposed or existing primary dwelling, shall be established by ordinance for either attached or detached dwellings that does not permit at least an 800 square foot unit to be constructed in compliance with local development standards. The installation of fire sprinklers shall not be required in an accessory dwelling unit if they are not required for the primary residence.
(m) A local agency, whether or not it has adopted an ordinance pursuant to subdivision (a), shall not impose parking
standards for one or two accessory dwelling units on a single-family dwelling lot 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 proposed or existing primary single-family dwelling or an accessory structure.
(4) When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit.
(5) When there is a car share vehicle located
within one block of the accessory dwelling unit.
(n) When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit or converted to an accessory dwelling unit, a local agency shall not require that those offstreet parking spaces be replaced.
(o) (1) Notwithstanding subdivisions (a) to (l), inclusive, a local agency shall ministerially approve an application for a building permit to create any of the following:
(A) One accessory dwelling unit and one junior accessory dwelling unit per lot with a single-family dwelling if all of the following apply:
(i) The accessory
dwelling unit or junior accessory dwelling
unit is within the existing space of a single-family dwelling or accessory structure, including, but not limited to, reconstruction of an existing space with the same physical dimensions as the existing accessory structure.
(ii) The space has exterior access from the existing single-family dwelling.
(iii) The side and rear setbacks are sufficient for fire and life safety.
(B) One new construction single story accessory dwelling of not more than 800 square feet, not more than 16 feet in height, and that does not exceed four-feet side and rear yard setbacks.
(C) Multiple accessory dwelling units within the portions of existing
multifamily dwelling structures that are not used as a livable space, including, but not limited to, a storage room, boiler room, passageway, attic, or garage.
(D) No more than two accessory dwelling units that are located on a lot that has an existing multifamily dwelling, but are detached from that multifamily dwelling and are subject to a height limit of 16 feet and four-foot rear yard and side setbacks.
(2) The installation of fire sprinklers shall not be required in an accessory dwelling unit authorized by ministerial permit pursuant to this subdivision if they are not required for the primary residence, and the local agency shall not require existing zoning nonconforming improvements to be corrected as a condition of granting the ministerial permit.
(3) A local agency may require owner occupancy for either the primary dwelling or the accessory dwelling unit on a single-family lot created pursuant to this subdivision.
(p) A local agency shall not implement standards for minimum lot size, lot coverage, or floor area ratio requirements for accessory dwelling units and shall allow for the construction of an accessory dwelling unit that complies with this section on any lot that allows for construction of a single-family or multifamily dwelling structure, unless specific findings are made based on a preponderance of evidence by a local agency that the construction of the accessory dwelling unit would adversely impact fire and life safety.
(q) (1) An accessory dwelling unit shall not be considered by a local agency, school district, special district, or water corporation to be a new residential use for the purposes of calculating fees. fees charged for new development, except as provided in paragraphs (2) and (3).
(2) For an accessory dwelling unit that is not described in subparagraph (A) of paragraph (1) of subdivision (o), a local agency, special district, or water corporation may require a new or separate utility connection directly between the accessory dwelling unit and
the utility. Consistent with Section 66013, the connection may be subject to a connection fee, capacity charge, or equivalent charge for new service 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, and upon the water or sewer system. This fee or charge shall not exceed the reasonable cost of providing this service.
(3) Fees charged by a school district pursuant to Chapter 4.9 (commencing with Section 65995) and Chapter 6 of Part 10.5 of Division 1 of Title 1 of the Education Code (commencing with Section 17620) shall be limited to no more than three thousand dollars ($3,000) per accessory dwelling unit.
(r) An accessory dwelling unit permitted pursuant to this section shall not be subject to impact fees, connection fees, capacity charges,
or any other fees or charges levied by a local agency, school district, special district, or water corporation.
(s)
(r) This section does not limit the authority of local agencies to adopt less restrictive requirements for the creation of an accessory dwelling unit.
(t)
(s) A local agency shall submit a copy of the ordinance adopted pursuant
to subdivision (a) to the Department of Housing and Community Development within 60 days after adoption. After adoption of an ordinance, the department may submit written findings to the local agency as to whether the ordinance complies with this section. If the department finds that the local agency’s ordinance does not comply with this section, the department shall notify the local agency and may notify the Attorney General that the local agency is in violation of state law. The local agency shall consider findings made by the department and may change the ordinance to comply with section or adopt the ordinance without changes. The legislative body of the local agency shall include findings in its resolution that explain the reason the legislative body believes the ordinance complies with this section despite the findings of the department.
(u)
(t) The department may review, adopt, amend, or repeal guidelines to implement uniform standards or criteria that supplement or clarify the terms, references, and standards set forth in this section. The guidelines adopted pursuant to this subdivision are not subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2.
(v)
(u) As used in this section, the following terms have the following meanings:
(1) “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. An accessory dwelling unit also includes the following:
(A) An efficiency unit, as defined in Section 17958.1 of the Health and Safety Code.
(B) A manufactured home, as defined in Section 18007 of the Health and Safety Code.
(2) “Accessory structure” means a detached structure from a single-family or multifamily dwelling structure and includes a detached
garage, pool house, studio, and other similar structures, but does not include an accessory dwelling unit or junior accessory dwelling unit.
(3) “Department” means the Department of Housing and Community Development.
(4) “Factory-built housing” has the same meaning as in Section 19971 of the Health and Safety Code.
(5) (A) “Living area” within a single-family dwelling means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.
(B) “Living area” within a multifamily dwelling means the interior habitable area of the dwelling, but does not include a basement,
attic, garage, or any accessory structure.
(6) “Local agency” means a city, county, or city and county, whether general law or chartered.
(7) “Neighborhood” has the same meaning as set forth in Section 65589.5.
(8) “Passageway” means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit.
(9) “Public transit” means buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.
(10) “Tandem parking” means that two or more automobiles are parked on a driveway or
in any other location on a lot, lined up behind one another.
(w)
(v) Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code), except that the local government shall not be required to hold public hearings for coastal development permit applications for accessory dwelling units.
(x)
(w) The amendments made to this section by the act adding this subdivision shall not be construed to apply to a permit application for an accessory dwelling unit submitted prior to January 1, 2019, which shall be subject to the requirements of this section as it read prior to that date.
SEC. 2.
Section 65852.22 of the Government Code is amended to read:65852.22.
(a) Notwithstanding Section 65852.2, a local agency may, by ordinance, provide for the creation of junior accessory dwelling units in single-family residential zones. The ordinance may require a permit to be obtained for the creation of a junior accessory dwelling unit, and shall do all of the following:(1) Limit the number of junior accessory dwelling units to one per residential lot zoned for single-family dwellings with a single-family dwelling already built on the lot.
(2) Require owner-occupancy in the single-family dwelling in which the junior accessory dwelling unit will be permitted. The owner may reside in either
the remaining portion of the structure or the newly created junior accessory dwelling unit. Owner-occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization.
(3) Require the recordation of a deed restriction, which shall run with the land, shall be filed with the permitting agency, and shall include both of the following:
(A) A prohibition on the sale of the junior accessory dwelling unit separate from the sale of the single-family residence, including a statement that the deed restriction may be enforced against future purchasers.
(B) A restriction on the size and attributes of the junior accessory dwelling unit that conforms with this section.
(4) Require a permitted junior accessory dwelling unit to be constructed within the existing walls of the structure, and require the inclusion of an existing bedroom.
(5) Require a permitted junior accessory dwelling to include a separate entrance from the main entrance to the structure, with an interior entry to the main living area. A permitted junior accessory dwelling may include a second interior doorway for sound attenuation.
(6) Require the permitted junior accessory dwelling unit to include an efficiency kitchen, which shall include all of the following:
(A) A sink with a maximum waste line diameter of 1.5 inches.
(B) A cooking facility with appliances that do not require electrical service greater than 120 volts, or natural or propane gas.
(C) A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.
(b) (1) An ordinance shall not require additional parking as a condition to grant a permit.
(2) This subdivision shall not be interpreted to prohibit the requirement of an inspection, including the imposition of a fee for that inspection, to determine whether the junior accessory dwelling unit is in compliance with applicable building standards.
(c) An application
for a permit pursuant to this section shall, notwithstanding Section 65901 or 65906 or any local ordinance regulating the issuance of variances or special use permits, be considered ministerially, without discretionary review or a hearing. A permit shall be issued within 60 days of submission of an application for a permit pursuant to this section. A local agency may charge a fee to reimburse the local agency for costs incurred in connection with the issuance of a permit pursuant to this section.
(d) For the purposes of any fire or life protection ordinance or regulation, a junior accessory dwelling unit shall not be considered a separate or new dwelling unit. This section shall not be construed to prohibit a city, county, city and county, or other local public entity from adopting an ordinance or regulation relating to fire and life
protection requirements within a single-family dwelling that contains a junior accessory dwelling unit so long as the ordinance or regulation applies uniformly to all single-family dwellings within the zone regardless of whether the single-family residence includes a junior accessory dwelling unit.
(e) For the purposes of providing service for water, sewer, or power, including a connection fee, a junior accessory dwelling unit shall not be considered a separate or new dwelling unit.
(f) This section shall not be construed to prohibit a local agency from adopting an ordinance or regulation, related to parking or a service or a connection fee for water, sewer, or power, that applies to a single-family residence that contains a junior accessory dwelling unit, so long as that ordinance or
regulation applies uniformly to all single-family residences regardless of whether the single-family residence includes a junior accessory dwelling unit.
(g) If a local agency has not adopted a local ordinance pursuant to this section, that local agency shall apply the standards established in this section for the approval if a permit to construct a junior accessory dwelling unit, unless and until the local agency adopts an ordinance that complies with this section.
(h) A junior accessory dwelling unit shall not, when assessed as new construction, trigger a reassessment of the value of the underlying land or other structures on the property.
(i) For purposes of this section, the following terms have the following
meanings:
(1) “Junior accessory dwelling unit” means a unit that is no more than 500 square feet in size and contained entirely within an existing single-family structure. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure.
(2) “Local agency” means a city, county, or city and county, whether general law or chartered.
