Loading...
HomeMy WebLinkAbout2023-03-15; Planning Commission; ; ZCA 2023-0001/ LCPA 2023-0017/ PUB 2023-0002 – ACCESSORY DWELLING UNIT AMENDMENTS 2023Item No. Application complete date: N/A P.C. AGENDA OF:March 15, 2023 Project Planner: Shelley Glennon Project Engineer: N/A SUBJECT: ZCA 2023-0001/ LCPA 2023-0017/ PUB 2023-0002 – ACCESSORY DWELLING UNIT AMENDMENTS 2023 – Request for a recommendation to approve amendments to the Zone Code and Local Coastal Program to ensure consistency with state law related to accessory dwelling units and junior accessory dwelling units. The City Planner has determined that the proposed amendments are exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15061(b)(3) and 15282(h) of the CEQA Guidelines. I.RECOMMENDATION That the Planning Commission ADOPT a Planning Commission Resolution RECOMMENDING APPROVAL of Zone Code Amendment ZCA 2023-0001 and Local Coastal Program Amendment LCPA 2023- 0017, based on the findings contained therein. Additionally, the Planning Commission will receive a presentation on the status of the pre-approved Accessory Dwelling Unit Plans. II.PROJECT DESCRIPTION AND BACKGROUND This project is a city-initiated amendment to the Zone Ordinance and Local Coastal Program consisting of amendments to the city's regulations for accessory dwelling units to reflect changes in state law. With regard to the Local Coastal Program, the Zone Ordinance (Title 21 of the Carlsbad Municipal Code) is the Local Coastal Program implementing ordinance; therefore, an amendment to the Zone Code is an amendment to the Local Coastal Program. The amendments are being processed as one project under development No. PUB 2023-0002. A.State Law To respond to the current state housing crisis, the California State Legislature passed two bills (Assembly Bill 2221 and Senate Bill 897) that amended Government Code sections 65852.2 and 65852.22 which are designed to encourage the production of accessory dwelling units (ADU) and junior accessory dwelling units (JADU). The most notable changes include: •Raised detached ADU height limitations from 16 feet maximum to 18 feet. •Mandatory (By-Right) ADUs – Front yard setback requirements cannot prevent a By-Right ADU from being built •Modified permitting requirements o Agencies must provide comments, deficiencies, and a list of remedy options if an application is denied 1 March 15, 2023 Item #1 Page 1 of 103 0 ZCA 2023-0001/LCPA 2023-0017/PUB 2023-0002– ACCESSORY DWELLING UNIT AMENDMENTS 2023 March 15, 2023 Page 2 o Agencies must provide concurrent review with a detached garage demolition permit, if ADU is replacing the garage o Allows ADUs to be constructed on lots with nonconforming uses/characteristics that do not pose a threat to public health or safety o Provides a new exception for ADU off-street parking requirements The legislation (Exhibit 3) went into effect Jan. 1, 2023. Pursuant to the California Constitution, cities are expected to update their local ordinances to align with the state legislation. In Feb. 2023, the city posted the updated Accessory Dwelling Unit Info-Bulletin (IB-111; Exhibit 4) to support implementation of the new ADU laws. Under state law, Assembly Bill 2221 and Senate Bill 897 apply throughout the state and to all counties and cities, whether or not the local government has adopted the new codes in its municipal code. That is, if cities fail to conform their local ordinances, the new state laws automatically apply, and applicants are permitted to develop ADUs and JADUs under the state standards (Government Code Section 65852.2(a)(4)). Table 1 in the Analysis section below provides a detailed comparison of the city’s existing ADU regulations as amended on July 19, 2022, through City Council Ordinance No. CS-427 (Exhibit 5), City Council Ordinance No. CS-432 (Exhibit 6), and new state law. B.Proposed Ordinance Approach Over the past several years, the state legislature has made several modifications to ADU law to encourage more affordable housing development. More changes are expected in the coming years. These state- initiated modifications often require regular updates to our local code. The proposed ordinance focuses on the city’s ADU permit processing requirements and ADU standards within the city’s discretion, while deferring to state law on the other ADU requirements and allowances. This will help reduce the need to process local code amendments when state law changes in the future. Educational materials have also been prepared to help customers navigate state law and city processing requirements; specifically, a department informational bulletin (IB-111; Exhibit 4), which describes the different types of ADUs, relevant development standards, permit requirements and fees. The informational bulletin is provided to the Planning Commission for informational purposes only -- no action is requested. Staff will update the informational bulletin as needed as future changes to state law occur. C. Permit-Ready ADU Program Information In addition to compliance with state law, the modifications are intended to help promote and streamline the development of ADUs. Concurrently, the city is also developing pre-approved accessory dwelling unit building plan to address this effort by the state. This is an implementation program in the Housing Element (Housing Program 1.2: Promote the Development of Accessory Dwelling Units) and is funded by the Local Early Action Planning (LEAP) grant fund awarded to the city from the state department of Housing and Community Development (HCD), with the consultant scope and grant application approved by City Council. The pre-approved ADU building plans will be made available to the public no later than April 2023 and will include four ADU layout plans and three architectural style options to accommodate the needs of ADU developers. Staff will present the different building floor plans and elevations that will be offered to the public to Planning Commission at this meeting for information purposes only. March 15, 2023 Item #1 Page 2 of 103 ZCA 2023-0001/LCPA 2023-0017/PUB 2023-0002– ACCESSORY DWELLING UNIT AMENDMENTS 2023 March 15, 2023 Page 3 III. ANALYSIS A. Proposed Changes to Existing ADU Regulations As noted above, Table 1 compares the city's existing ADU regulations to the new state law pursuant to Government Codes Section 65852.2 (Exhibit 7). Also, the proposed amendments to the Zone Code are provided in strikethrough/underline format (Exhibit 2). Table 1: Changes to Existing ADU Regulations Topic City's Existing Regulations New State ADU Law (Government Codes Section 65852.2) Staff Recommended Regulation Updates ADU Height Limitations A detached ADU shall be limited to one story and 16 feet maximum height. ADUs constructed above or below a detached garage shall conform to the height limits applicable to the zone but maximum of two stories including the garage. Refer to Carlsbad Municipal Code (CMC) Section 21.10.030 (E)(4). State law provides additional height requirements listed below: 1. Max 18 feet for a detached accessory dwelling unit that is within one-half mile walking distance of a major transit stop/corridor. An additional two feet in height is allowed (20 feet max.) to accommodate the ADU’s roof pitch to align with the roof pitch of the primary dwelling unit. 2. A height of 18 feet for a detached accessory dwelling unit on a lot with an existing or proposed multifamily, multistory dwelling. 3. A height of 25 feet or the height limitation in the local zoning ordinance that applies to the primary dwelling, for an accessory dwelling unit that is attached to a primary dwelling but not to exceed two stories. All other ADUs will be regulated by the existing 16 foot standard. Refer to Section 65852.2 (c)(2)(D)(i-iv). Staff recommends adding the new height requirements but provides additional clarification listed below: 1. Two-Family Dwellings are included in the height requirements where multifamily dwelling units are discussed since the state defines “multifamily dwelling” as two units or more. 2. City of Carlsbad currently has only two major transit stops: Poinsettia Station and Carlsbad Village Station, and therefore is called out when discussing major transit stops. March 15, 2023 Item #1 Page 3 of 103 ZCA 2023-0001/LCPA 2023-0017/PUB 2023-0002– ACCESSORY DWELLING UNIT AMENDMENTS 2023 March 15, 2023 Page 4 Topic City's Existing Regulations New State ADU Law (Government Codes Section 65852.2) Staff Recommended Regulation Updates Mandatory 800 sq. ft. ADU (attached or detached) – Front yard setback protrusion The City currently permits the development of mandatory (By- Right) ADUs. Mandatory ADUs shall be 800 square feet maximum and have a minimum of four-foot side and rear setbacks and maintain the height limitations and front yard setback per the zone. State law now requires local agencies to not restrict the by- right ADUs due to front yard setback requirements if it meets all other local development standards. Refer to Section 65852.2 (c)(2)(C). Staff recommends adding the new state requirement by reference of the new Government Codes Section 65852.2 effective date Jan. 1, 2023 as well as in a footnote in Section 21.45.090 Table F. As discussed in the ADU information bulletin (Exhibit 4), the city will comply with state law by allowing mandatory ADUs to protrude into the front yard setback to the extent feasible only where there is no other alternative to allow for construction of a mandatory ADU that complies with four foot side and rear setbacks and all other development standards. Permit Processing Requirements The city requires ADU or JADU applications to be acted on 60 days from when the application is deemed complete or if submitted with a discretionary permit application, can be delayed until Includes same processing time with additional provisions as provided below: Within the 60 day review period, if the city proposed to deny an application for an ADU or a JADU, the city shall supply in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant. Refer to Section 65852.2 (a)(3)(B). Staff recommends adding the state’s processing requirement and to specify that the city will “approve or deny” the application rather than “act” on. March 15, 2023 Item #1 Page 4 of 103 ZCA 2023-0001/LCPA 2023-0017/PUB 2023-0002– ACCESSORY DWELLING UNIT AMENDMENTS 2023 March 15, 2023 Page 5 Topic City's Existing Regulations New State ADU Law (Government Codes Section 65852.2) Staff Recommended Regulation Updates the other permit application is approved. The project applicant can also request a delay if necessary. Refer to CMC 21.10.030(B)(3) and (4). A demolition permit for a detached garage that is to be replaced with an accessory dwelling unit shall be reviewed with the application for the accessory dwelling unit and both permits must be issued at the same time. Refer to Section 65852.2 (a)(4). Staff recommends adding the state’s processing requirement. Demolition Notice Exception There is no building or zoning code standard that addresses written notice or placard posts for demolition of a detached garage. Written notice or placard post for demolition of a detached garage that is to be replaced with an ADU is not required unless the property is located within an architecturally and historically significant historic district. Refer to Section 65852.2 (a)(5). No changes recommended. This requirement is not applicable since there is no written notice or placard requirement. Permitting ADUs or a JADUs that involve nonconforming uses, building code violations or unpermitted structures Topic not addressed in CMC Section 21.10.030, however Section 21.48.040 does state nonconforming lots may be developed, provided that the development is consistent with applicable city regulations. Building Dept./Code Enforcement also addresses this topic through its “Five Year A local agency shall not deny an application for a permit to create an ADU or a JADU due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the ADU. Refer to Section 65852.2(d)(2) and 65852.22(h) Staff recommends adding the state’s ADU permitting requirement. March 15, 2023 Item #1 Page 5 of 103 ZCA 2023-0001/LCPA 2023-0017/PUB 2023-0002– ACCESSORY DWELLING UNIT AMENDMENTS 2023 March 15, 2023 Page 6 Topic City's Existing Regulations New State ADU Law (Government Codes Section 65852.2) Staff Recommended Regulation Updates Enforcement Stay” Program which allows issuance of ADU permits when there are nonconforming or building violations unless there is a present threat to public health and safety. However, the violation(s) must be addressed within 5 years of ADU permit issuance. Parking Requirements & Exemptions An ADU shall provide off-street parking in compliance with Chapter 21.44 (Parking), unless it qualifies for an exemption as specified in California Government Code Section 65852.2 (effective Jan. 1, 2022). Refer to CMC Section 21.10.030(E)(9)(a) The previous parking requirements and exemptions provided by the state during the ADU Amendments 2020 update, are still applicable. The state has added one more exemption which states: A local agency shall not impose any parking standards for an accessory dwelling unit when a permit application for an accessory dwelling unit is submitted with a permit application to create a new single-family dwelling or a new multifamily dwelling on the same lot, provided that the accessory dwelling unit or the parcel satisfies any other criteria listed in this paragraph. Refer to (6) Section 65852.2(d)(1)(F). Staff recommends adding the new state requirement by reference of the new Government Codes Section 65852.2 effective date Jan. 1, 2023. March 15, 2023 Item #1 Page 6 of 103 ZCA 2023-0001/LCPA 2023-0017/PUB 2023-0002– ACCESSORY DWELLING UNIT AMENDMENTS 2023 March 15, 2023 Page 7 As discussed above, State law does give the city the authority to establish standards for ADUs, including: 1) maximum size of a unit, 2) parking, 3) height, 4) setbacks, 5) landscape, 6) architecture, and 7) to prevent adverse impacts on property that is listed in the California Register of Historic Resources. Regarding these standards, staff recommends the following: • Maximum size No changes are proposed to the city’s existing size requirements for ADUs. The existing size requirements are provided below for reference: a. Attached ADUs – 50% of the total floor area of the main dwelling or 1,200 square feet, whichever is less, but not less than 800 square feet; b. Detached ADUs – 1,200 square feet; and c. JADUs – 500 square feet. • Parking The proposed Zone Code amendments are consistent with state law, which includes a new parking provision as described in Table 1, above. All other existing ADU parking requirements are recommended to be retained. • Height The proposed Zone Code amendments are consistent with the new ADU height provisions as described in Table 1, above. All other existing ADU height requirements are recommended to be retained. • Setbacks The proposed Zone Code amendment is consistent with the new front yard setback provision for mandatory (by-right) ADUs as discussed in Table 1 above. All other existing ADU setback requirements are recommended to be retained. • Landscape An ADU is not subject to landscape requirements, except to be consistent with any landscape requirements of the main dwelling or otherwise required for fire safety or habitat protection and state law does not currently impose landscape standards on ADUs. • Architecture No changes are proposed to the city’s existing architecture requirements for ADUs. The city allows flexibility with regards to architectural design. Section 21.45.090 does require ADUs to be architecturally compatible with the existing structure. Additionally, there may be some Master Plans/Specific Plans and Homeowner Associations that have design standards/guidelines for ADUs. For example, the Village and Barrio Master Plan has a residential design guideline that states ADUs should be similar in materials, color and detail to the principal structures of development (Section 2.8.2(F)(9)). • Historic resources No changes are proposed. ADUs remain subject to the California Environmental Quality Act (CEQA) if there are potential adverse impacts to historic resources. B. Consistency with Applicable Policies and Regulations March 15, 2023 Item #1 Page 7 of 103 ZCA 2023-0001/LCPA 2023-0017/PUB 2023-0002– ACCESSORY DWELLING UNIT AMENDMENTS 2023 March 15, 2023 Page 8 The proposed amendments are consistent with California Government Code Sections 65852.2 and 65852.22 and the changes to state law described above that went into effect Jan. 1, 2023. The proposed amendments are consistent with the residential density ranges of the General Plan Land Use and Community Design Element in that, pursuant to Government Code 65852.2, an ADU shall not be considered to exceed the allowable density for the lot upon which it is located. Additionally, the proposed amendments implement the following General Plan goals, policies, and programs: • Land Use Element Goal 2-G.4 – Provide balanced neighborhoods with a variety of housing types and density ranges to meet the diverse demographic, economic and social needs of residents, while ensuring a cohesive urban form with careful regard for compatibility. • Land Use Element Policy 2-P.6 – Encourage the provision of lower and moderate-income housing to meet the objectives of the Housing Element. • Housing Element Program 3.15 – The city will continue to implement its Accessory Dwelling Unit Ordinance and support alternative types of housing. This proposal does not conflict with the Growth Management Plan in that, pursuant to Government Code 65852.2, ADUs shall not be considered in the application of any local ordinance, policy, or program to limit residential growth. Though state law exempts ADUs from the Proposition E growth limitations, their population impacts are factored into facility calculations for City Administrative Facilities, Libraries and Parks. The proposed amendments affect land within the Airport Influence Area, which covers a large portion of Carlsbad and includes residential properties; however, the amendment is consistent with the adopted McClellan-Palomar Airport Land Use Compatibility Plan in that it does not propose any land use or development standard changes that affect compatibility with the plan's safety, noise, airspace protection and overflight criteria. The Airport Land Use Commission reviewed the amendment and found it to be consistent with the Airport Land Use Compatibility Plan. Regarding the Zone Code, the proposed amendments are consistent with the other provisions of the Zone Code that are not being amended. Local Coastal Program Amendment LCPA 2023-017 is required for consistency with Zone Code Amendment ZCA 2022-0001. The proposed Local Coastal Program amendment meets the requirements of, and is in conformity with, with the policies of Chapter 3 of the Coastal Act and all applicable policies of the Carlsbad Local Coastal Program not being amended by this amendment. The amendments do not conflict with any regulation, land use designations or policies, with which development must comply. IV. ENVIRONMENTAL REVIEW The City Planner has determined that the amendments are exempt from the California Environmental Quality Act (CEQA) pursuant to the common sense exemption, Section 15061(b)(3) of the CEQA Guidelines, since there would be no possibility of a significant effect on the environment; and pursuant to Section 15282(h) of the CEQA Guidelines, which exempts from CEQA the adoption of an ordinance March 15, 2023 Item #1 Page 8 of 103 ZCA 2023-0001/LCPA 2023-0017/PUB 2023-0002– ACCESSORY DWELLING UNIT AMENDMENTS 2023 March 15, 2023 Page 9 regarding accessory dwelling units in a single-family or multifamily residential zone to implement Section 65852.2 of the Government Code. This notice was posted on Feb. 24, 2023, no appeals of this determination were received in accordance with Carlsbad Municipal Code Section 21.54.140. EXHIBITS: 1. Planning Commission Resolution a. ATTACHMENT A – Draft City Council Ordinance 2. Proposed text changes to the Carlsbad Municipal Code shown in strikeout/underline format 3. State law relating to accessory dwelling units and junior accessory dwelling units 4. Information Bulletin Accessory Dwelling Units (IB-111) 5. City Council Ordinance No. 427 6. City Council Ordinance No. 432 7. Government Codes Section 65852.2 Effective Jan. 1, 2023 March 15, 2023 Item #1 Page 9 of 103 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AMENDMENTS TO THE ZONE CODE AND LOCAL COASTAL PROGRAM TO ENSURE CONSISTENCY WITH STATE LAW RELATED TO ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS. CASE NAME: ACCESSORY DWELLING UNIT AMENDMENTS 2023 CASE NO: ZCA 2023-0001/ LCPA 2023-0017/ PUB 2023-0002 WHEREAS, the City Planner has prepared amendments to the Zone Code and Local Coastal Program, pursuant to Chapter 21.52 of the Carlsbad Municipal Code, to ensure consistency with state laws related to accessory dwelling units and junior accessory dwelling units; and WHEREAS, the City Planner has prepared a Local Coastal Program Amendment, as provided in Public Resources Code Section 30514 and Section 13551 of California Code of Regulations Title 14, Division 5.5, to ensure consistency with the Zone Code; and WHEREAS, the proposed amendment is set forth in the draft City Council Ordinance, Attachment A dated, March 15, 2023, and attached hereto ZCA 2023-0001/ LCPA 2023-0017/PUB 2023- 0002 ACCESSORY DWELLING UNIT AMENDMENTS 2023; and WHEREAS, California Coastal Commission Regulations require a six-week public review period for any amendment to the Local Coastal Program; and WHEREAS, on March 2, 2023, the Airport Land Use Commission reviewed and found that the proposed Zone Code Amendment is consistent with the adopted McClellan-Palomar Airport Land Use Compatibility Plan; and WHEREAS, the Planning Commission did on March 15, 2023, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Zone Code Amendment and Local Coastal Program Amendment. PLANNING COMMISSION RESOLUTION NO. 7473 Exhibit 1 March 15, 2023 Item #1 Page 10 of 103 -2- NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A)That the foregoing recitations are true and correct. B)At the end of the state-mandated six-week review period for the Local Coastal Program Amendment, starting on Feb. 24, 2023, and ending on April 7, 2023, staff shall present to the City Council a summary of the comments received. C)That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of ACCESSORY DWELLING UNIT AMENDMENTS 2023 – ZCA 2023-0001/ LCPA 2023-0017, based on the following findings: Findings: 1.That the proposed amendments to the Zone Code ZCA 2023-0001 is consistent with the General Plan, as described by the following: Land Use Element Goal 2-G.4 – Provide balanced neighborhoods with a variety of housing types and density ranges to meet the diverse demographic, economic and social needs of residents, while ensuring a cohesive urban form with careful regard for compatibility. Land use Element Policy 2-P.6 – Encourage the provision of lower and moderate-income housing to meet the objectives of the Housing Element. Housing Element Program 3.15 – The city will continue to implement its Accessory Dwelling Unit Ordinance and support alternative types of housing. 2.That the proposed amendments reflect sound planning principles, in that it amends the Zone Code to ensure consistency with state law. 3.The proposed amendments are consistent with the City's Growth Management Program in that they do not conflict with Growth Management dwelling unit limitations and performance standards to ensure public facilities and services keep pace with development; pursuant to Government Code 65852.2, accessory dwelling units shall not be considered in the application of any local ordinance, policy, or program to limit residential growth. 4.That the proposed Local Coastal Program Amendment meets the requirements of, and is in conformity with, the policies of Chapter 3 of the Coastal Act and all applicable policies of the Carlsbad Local Coastal Program not being amended by this amendment, in that the proposed amendments ensure consistency between the Carlsbad Zoning Ordinance and state accessory March 15, 2023 Item #1 Page 11 of 103 dwelling unit regulations; and the amendments do not conflict with any coastal zone regulations, land use designations or policies, with which development must comply. 5.That the proposed amendment to the Carlsbad Local Coastal Program is required to bring it into consistency with the proposed Zone Code Amendment ZCA 2023-0001. 6.That the City Planner has determined that the amendments are exempt from the California Environmental Quality Act (CEQA) pursuant to the commonsense exemption, Section 15061{b){3) of the CEQA Guidelines, since there would be no possibility of a significant effect on the environment; and pursuant to Section 15282{h) of the CEQA Guidelines, which exempts from CEQA the adoption of an ordinance regarding accessory dwelling units to implement Section 65852.2 of the Government Code. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, held on March 15, 2023, by the following vote, to wit: AYES: Commissioners Merz, Meenes, Sabellico, Stine, and Lafferty NAYS: ABSENT: Commissioner Kamenjarin ABSTAIN: Peter Merz, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: ERIC LARDY City Planner -3-March 15, 2023 Item #1 Page 12 of 103 ATTACHMENT A ORDINANCE NO. [DRAFT] . AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ADOPTING AMENDMENTS TO TITLE 21 OF THE CARLSBAD MUNICIPAL CODE (ZONE CODE) AND LOCAL COASTAL PROGRAM TO ENSURE CONSISTENCY WITH STATE LAW RELATED TO ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS. CASE NAME: ACCESSORY DWELLING UNIT AMENDMENTS 2023 CASE NO: ZCA 2023-0001/ LCPA 2023-0017/ PUB 2023-0002 WHEREAS, Sections 65852.2 and 65852.22 of the California Government Code requires cities and counties to permit construction of accessory dwelling units and junior accessory dwelling units, and allows cities and counties to adopt ordinances that govern the permitting of accessory dwelling units and junior accessory dwelling units consistent with state law; and WHEREAS, California Governor Gavin Newsom signed Senate Bill 897 and Assembly Bill 2221 into law, which amended state law to further encourage and incentivize the construction of accessory dwelling units and junior accessory dwelling units; and WHEREAS, the above legislative bills took effect Jan. 1, 2023, and existing provisions of the City of Carlsbad Municipal Code are inconsistent with the new law provisions; and WHEREAS, the City Planner has prepared amendments to the Zone Code (ZCA 2023-0001) and the Local Coastal Program (LCPA 2023-0017) pursuant to Chapter 21.52 of the Carlsbad Municipal Code, Section 30514 of the Public Resources Code, and Section 13551 of California Code of Regulations Title 14, Division 5.5; and WHEREAS, the Carlsbad Zone Code is the implementing ordinance of the Carlsbad Local Coastal Program, and therefore, amendments to the Zone Code also constitute amendments to the Local Coastal Program; and WHEREAS, pursuant to California Coastal Commission Regulations, a six-week public review period for the Local Coastal Program Amendment began Feb. 24, 2023, and ending on April 7, 2023; and WHEREAS, on March 2, 2023, the Airport Land Use Commission reviewed and found that the proposed Zone Code Amendment is consistent with the adopted McClellan-Palomar Airport Land Use Compatibility Plan; and WHEREAS, on March 15, 2023, the Planning Commission held a duly noticed public hearing as prescribed by law to consider ZCA 2023-0001/ LCPA 2023-0017; and March 15, 2023 Item #1 Page 13 of 103 Page 2 of 9 WHEREAS, the Planning Commission adopted Planning Commission Resolution No. XXXX recommending to the City Council that ZCA 2023-0001/LCPA 2023-0017 be approved; and WHEREAS, the City Council of the City of Carlsbad held a duly noticed public hearing as prescribed by law to consider ZCA 2023-0001/LCPA 2023-0017; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, the City Council considered all factors, including written public comments, if any, related to ZCA 2023-0001/LCPA 2023-0017; and NOW, THEREFORE, the City Council of the City of Carlsbad, California, does ordain that: 1.The above recitations are true and correct. 2.The findings of the Planning Commission in Planning Commission Resolution No. XXXX shall also constitute the findings of the City Council as follows 3.Carlsbad Municipal Code Section 21.04.020 is amended to read as follows: 21.04.020 Accessory. “Accessory” means a building, part of a building or structure, or use that is subordinate to and the use of which is incidental to that of the main building, structure or use on the same lot. If an accessory building is attached to the main building by a common wall, with a width dimension of at least three feet and a height dimension of at least one story, such building area is considered a part of the main building and not an accessory building or structure, except for “accessory dwelling units” or “junior accessory dwelling units” as defined in Sections 21.04.121 and 21.04.122. Accessory dwelling units and junior accessory dwelling units that comply with the requirements of Section 21.10.030 and California Government Code Sections 65852.2 (effective Jan. 1, 2023) and 65852.22 (effective Jan. 1, 2023), respectively, are considered accessory. 21.04.121 Dwelling unit, accessory (ADU). Refer to California Government Code Section 65852.2 (effective Jan. 1, 2023). 21.04.122 Dwelling unit, junior accessory (JADU). Refer to California Government Code Section 65852.22 (effective Jan.1, 2023). 4.Carlsbad Municipal Code Section 21.09.140 is amended to read as follows: 21.09.140 Parking. Notwithstanding parking requirements of Chapter 21.44, not fewer than two off-street parking spaces shall be provided for each residence. The required two spaces shall be covered by a garage or carport, and the driveway adequately paved with either concrete or asphalt cement prepared over adequate base. March 15, 2023 Item #1 Page 14 of 103 Page 3 of 9 5.Carlsbad Municipal Code Section 21.10.030 is amended to read as follows: 21.10.030 Accessory dwelling units and junior accessory dwelling units. A.Purpose. This section provides standards for the establishment of accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs). Pursuant to California Government Code Sections 65852.2 (effective Jan. 1, 2023) and 65852.22 (effective Jan. 1, 2023), local governments have the authority to adopt regulations designed to promote ADUs and JADUs. B.Standards of Review. Review of ADUs and JADUs shall be consistent with the following: 1.ADU or JADU applications shall be considered a ministerial action without discretionary review or a public hearing if all requirements of this section (21.10.030) are met, notwithstanding any other requirements of state law or this development code. 2.ADUs or JADUs developed within the coastal zone are subject to the permit requirements of Chapter 21.201 and require a building permit. Development of ADUs or JADUs outside of the coastal zone requires a building permit. 3.The city shall approve or deny an application to create an ADU or a JADU within the time period specified under California Government Code Sections 65852.2 (effective Jan. 1, 2023) and 65852.22 (effective Jan. 1, 2023). 4.The city shall not deny an application for a permit to create an ADU or a JADU due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the ADU as specified under California Government Code Sections 65852.2 (effective Jan. 1, 2023) and 65852.22 (effective Jan. 1, 2023). 5.If the city denies an application for an ADU or a JADU, the city shall supply in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant within the time period specified under California Government Code Section 65852.2 (effective Jan. 1, 2023) and 65852.22 (effective Jan. 1, 2023). 6.A demolition permit for a detached garage that is to be replaced with an accessory dwelling unit shall be reviewed with the application for the accessory dwelling unit and issued at the same time. 7.If the permit application to create an ADU or a JADU is submitted with a permit application to create a new one-family dwelling on the lot, the city may delay acting on the permit application for the ADU or the JADU until the city acts on the permit application to create the new one-family dwelling, but the application to create the ADU or JADU shall be considered without discretionary review or public hearing. If the applicant requests a delay, the time period specified under California Government Code Sections 65852.2 (effective Jan. 1, 2023) and 65852.22 (effective Jan. 1, 2023) shall be tolled for the period of the delay. March 15, 2023 Item #1 Page 15 of 103 Page 4 of 9 C.Residential Use and Density. ADUs and JADUs, which comply with the requirements of this section (21.10.030) and California Government Code Sections 65852.2 (effective Jan. 1, 2023) and 65852.22 (effective Jan. 1, 2023): 1.Shall be considered accessory residential uses or accessory residential buildings that are consistent with the general plan or zoning designations for the lot; and 2.Shall not be considered to exceed the allowable density for the lot upon which it is located; and D.Number and Location. 1.ADUs shall be permitted in zones that allow one-family dwellings, two-family dwellings, multiple-family dwellings, and mixed-use (residential uses in combination with non-residential uses), provided there is an existing or proposed dwelling on the lot where the ADU is proposed, as specified in California Government Code Sections 65852.2 (effective Jan. 1, 2022) and 65852.22 (effective Jan. 1, 2023). Refer to a specific zone’s Permitted Uses table within this Title. 2.For zones that allow one-family dwellings, one JADU shall be permitted with an associated existing or proposed one-family dwelling. Refer to a specific zone’s Permitted Uses table within this Title. 3.The number and location of ADUs or JADUs on a lot shall be subject to California Government Code Sections 65852.2 (effective Jan. 1, 2023) and 65852.22 (effective Jan. 1, 2023). E.Other Requirements and Standards. ADUs and JADUs shall comply with all the following requirements and standards: 1.ADUs and JADUs shall comply with the development requirements and standards of California Government Code Sections 65852.2 (effective Jan. 1, 2023) and 65852.22 (effective Jan. 1, 2023). 2.When not in conflict with California Government Code Sections 65852.2 (effective Jan. 1, 2023) and 65852.22 (effective Jan. 1, 2023) and the coastal resource and public access protection requirements of the certified local coastal program, ADUs and JADUs shall also comply with applicable development requirements and standards of this code. The maximum size of an ADU or JADU shall be limited as follows, consistent with California Government Code Sections 65852.2 (effective Jan. 1, 2023) and 65852.22 (effective Jan. 1, 2023): a.Attached ADUs – 50% of the total floor area of the main dwelling or 1,200 square feet, whichever is less, but not less than 800 square feet; b.Detached ADUs – 1,200 square feet c.JADUs – 500 square feet 3.The maximum height of an ADU or JADU shall be limited as follows, consistent with California Government Code Sections 65852.2 (effective Jan. 1, 2023) and 65852.22 (effective Jan. 1, 2023): March 15, 2023 Item #1 Page 16 of 103 Page 5 of 9 a.A detached ADU on a lot with an existing or proposed single-family, two-family or multiple-family dwelling unit shall be allowed a height up to 16 feet and one story. b.A detached ADU on a lot with an existing or proposed single-family, two-family dwelling, or multiple-family dwelling unit that is within one-half of one mile walking distance of a major transit stop (Carlsbad Village Station or Poinsettia Station), shall be allowed a height up to 18 feet. An additional two feet in height (20 feet maximum) is allowed to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling. c.A detached ADU on a lot with an existing or proposed two-family, multiple-family, multistory dwelling shall be allowed a height up to 18 feet. d.An attached ADU is allowed a height up to 25 feet, or the height limits of the applicable zoning for the primary dwelling, but not to exceed two stories. e.An ADU constructed above or below a detached garage shall be permitted and shall conform to the height limits applicable to the zone. Structures that contain an ADU located above or below a detached garage shall be limited to a maximum of two stories including the garage. 4.Roof decks shall not be permitted on detached ADUs. 5.The construction of an ADU or JADU that is all new construction, or is a conversion of a portion or all of an existing structure, or expands the square footage of an existing structure, shall be consistent with all habitat preserve buffers, geologic stability setbacks, and visual resource protection policies in the certified local coastal program, habitat management plan, general plan, or geotechnical report, as applicable. 6.On lots with one-family dwelling(s), the exterior roofing, trim, walls, windows and the color palette of the ADU or JADU shall incorporate the same features as the primary dwelling unit. 7.On lots with two-family or multiple-family dwellings, the exterior roofing, trim, walls, windows and the color palette of the ADU addition shall incorporate the same features as the existing building that the ADU would be provided within. For detached ADUs, it shall be reflective of the nearest building as measured from the wall of the existing building to the nearest wall of the proposed unit. 8.Parking. a.An ADU shall provide off-street parking in compliance with Chapter 21.44 (Parking), unless it qualifies for an exemption as specified in California Government Code Section 65852.2 (effective Jan. 1, 2023). b.No off-street parking is required for a JADU if it meets the requirements specified in California Government Code Section 65852.22 (effective Jan. 1, 2023). c.When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU or converted to an ADU, the loss of parking for the primary dwelling does not need to be replaced, except on lots located west of the rail corridor and on lots located east of the rail corridor and west of Interstate 5 between March 15, 2023 Item #1 Page 17 of 103 Page 6 of 9 Avenida Encinas to the north and Batiquitos Lagoon to the south. In which case, the loss of parking for the primary dwelling shall be replaced subject to the parking requirements in Chapter 21.44 (Parking), except as follows: i.The replacement parking spaces may be covered, uncovered, or tandem spaces, or provided by the use of mechanical automobile parking lifts (within a garage); and may be located in the front, side or rear yard, provided the parking area is an improved parking surface, such as paving, hardscape, decomposed granite, etc. ii.The location of the replacement parking spaces shall be consistent with all habitat preserve buffers, geologic stability setbacks, and visual resource protection policies in the certified local coastal program. 9.ADUs intended to satisfy an inclusionary requirement shall comply with the requirements of Chapter 21.85, including, but not limited to, the applicable rental rates and income limit standards. 10.A Notice of Restriction shall be recorded on the property declaring that: a.An ADU(s) or JADU shall not be used for short-term rentals of less than 30 days. This requirement does not apply to any unit that was issued a building permit prior to January 1, 2020. b.The obligations and restrictions imposed on the approval of the ADU(s) per California Government Code Section 65852.2 (effective Jan. 1, 2023) or JADU per California Government Code Section 65852.22 (effective Jan. 1, 2023) are binding on all present and future property owners. c.For a JADU, the property owner must reside in either the primary residence or the JADU. Sale of the JADU separate from the single-family residence is prohibited; said prohibition is binding on all present owners and future purchasers. 11.For ADUs permitted prior to January 1, 2020, the city may continue to enforce a requirement for owner-occupancy of the ADU or primary residence. 12.An ADU may be sold separately from the primary dwelling only in limited situations pursuant to California Government Code Section 65852.26 (effective Jan. 1, 2023). 6.Carlsbad Municipal Code Section 21.38.025 is amended as shown below: 21.38.025 Accessory dwelling units. Accessory dwelling units or junior accessory dwelling units are permitted according to the provisions of Section 21.10.030. 7.Carlsbad Municipal Code Section 21.45.090 Table F is amended as shown below: March 15, 2023 Item #1 Page 18 of 103 Page 7 of 9 21.45.090 Residential additions and accessory uses. Table F Residential Additions and Accessory Uses to One-Family Dwellings and Twin-Homes on Small Lots Addition/Accessory Use Minimum Front Yard Setback Minimum Side and Rear Yard Setbacks Attached/detached patio covers(2) 10 feet to posts (2-foot overhang permitted) 5 feet to posts (2-foot overhang permitted) Non-habitable detached accessory buildings/structures (e.g., garages, workshops, decks over 30 inches in height)(1),(2),(3) 20 feet 5 feet Habitable detached accessory buildings (i.e. guest houses and accessory dwelling units) (2), (3), (4),(5) Same setbacks as required for the primary dwelling Additions to dwelling (attached) Same setbacks as required for the dwelling Notes: (1)Maximum building height is 1 story and 14 feet with a 3:12 roof pitch or 10 feet with less than a 3:12 roof pitch. (2)Minimum 10-foot separation required between a habitable building and any other detached accessory building/structure. (3)Must be architecturally compatible with the existing structure. (4)Except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030. (5)Refer to California Government Code Section 65852.2 (effective Jan. 1, 2023) for front yard setback requirements for 800 sq. ft. maximum ADUs with four-foot side and rear yard setbacks and constructed in compliance with all other development standards. EFFECTIVE DATE OF THIS ORDINANCE APPLICABLE TO PROPERTIES OUSTIDE THE COASTAL ZONE: This ordinance shall be effective thirty days after its adoption; and the City Clerk shall certify the adoption of this ordinance and cause the full text of the ordinance or a summary of the ordinance prepared by the City Attorney to be published at least once in a newspaper of general circulation in the City of Carlsbad within fifteen days after its adoption. EFFECTIVE DATE OF THIS ORDINANCE APPLICABLE TO PROPERTIES INSIDE THE COASTAL ZONE: This ordinance shall be effective thirty days after its adoption or upon Coastal Commission approval of LCPA 2023-0017, whichever occurs later; and the City Clerk shall certify the adoption of this ordinance and cause the full text of the ordinance or a summary of the ordinance prepared by the City Attorney March 15, 2023 Item #1 Page 19 of 103 Page 8 of 9 to be published at least once in a newspaper of general circulation in the City of Carlsbad within fifteen days after its adoption. /// /// /// /// /// /// /// /// /// /// /// /// March 15, 2023 Item #1 Page 20 of 103 Page 9 of 9 INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on the ______ day of __________, 2023, and thereafter PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the __ day of ________, 2023, by the following vote, to wit: AYES: NAYS: ABSENT: APPROVED AS TO FORM AND LEGALITY: _________________________________ Cindie K. McMahon, City Attorney _________________________ KEITH BLACKBURN, Mayor _________________________ SHERRY FREISINGER, City Clerk (SEAL) March 15, 2023 Item #1 Page 21 of 103 ZCA 2023-0001/LCPA 2023-0017/PUB 2023-0002 – Accessory Dwelling Unit Amendments 2023 Draft revisions to the Carlsbad Municipal Code 21 (Zone Code) Proposed amendments to Title 21 of the Carlsbad Municipal Code 1.Chapter 21.04 “Definitions,” Sections 21.04.020, 21.04.121 and 21.04.121 are proposed to be amended as follows: 21.04.020 Accessory. “Accessory” means a building, part of a building or structure, or use that is subordinate to and the use of which is incidental to that of the main building, structure or use on the same lot. If an accessory building is attached to the main building by a common wall, with a width dimension of at least three feet and a height dimension of at least one story, such building area is considered a part of the main building and not an accessory building or structure, except for “accessory dwelling units” or “junior accessory dwelling units” as defined in Sections 21.04.121 and 21.04.122. Accessory dwelling units and junior accessory dwelling units that comply with the requirements of Section 21.10.030 and California Government Code Sections 65852.2 (effective Jan. 1, 20232) and 65852.22 (effective Jan. 1, 20230), respectively, are considered accessory. 21.04.121 Dwelling unit, accessory (ADU). Refer to California Government Code Section 65852.2 (effective Jan. 1, 20232). 21.04.122 Dwelling unit, junior accessory (JADU). Refer to California Government Code Section 65852.22 (effective Jan.1, 20230). 2.Chapter 21.09 “R-E Rural Residential Estate Zone” Section 21.09.140 is proposed to be amended as follows: 21.09.140 Parking. Notwithstanding parking requirements of Chapter 21.44, not fewer than two off-street parking spaces shall be provided for each residence. The required two spaces shall be covered by a garage or carport, and the driveway adequately paved with either concrete or asphalt cement prepared over adequate base. The following is an exception to the two parking space requirement: One additional paved off-street (covered or uncovered) parking space shall be provided for an accessory dwelling unit and shall comply with the requirements of Chapter 21.44 of this title. The additional parking space may be provided through tandem parking (provided that the garage is set back a minimum of twenty feet from the property line) or in the front yard setback. (Ord. CS-324 § 2, 2017; Ord. NS-283 § 13, 1994; Ord. 9498 § 4, 1978) March 15, 2023 Item #1 Page 22 of 103 Exhibit 2 3. Chapter 21.10 “R-1 One-Family Residential Zone,” Section 21.10.030 is proposed to be amended as follows: 21.10.030 Accessory dwelling units and junior accessory dwelling units. A. Purpose. This section provides standards for the establishment of accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs). Pursuant to California Government Code Sections 65852.2 (effective Jan. 1, 20232) and 65852.22 (effective Jan. 1, 20230), local governments have the authority to adopt regulations designed to promote ADUs and JADUs. B. Standards of Review. Review of ADUs and JADUs shall be consistent with the following: 1. ADU or JADU applications shall be considered a ministerial action without discretionary review or a public hearing if all requirements of this section (21.10.030) are met, notwithstanding any other requirements of state law or this development code. 2. ADUs or JADUs developed within the coastal zone are subject to the permit requirements of Chapter 21.201 and require a building permit. Development of ADUs or JADUs outside of the coastal zone requires a building permit. 3. The city shall act on approve or deny an application to create an ADU or a JADU within the time period specified under California Government Code Sections 65852.2 (effective Jan. 1, 20232) and 65852.22 (effective Jan. 1, 20230). 4. The city shall not deny an application for a permit to create an ADU or a JADU due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the ADU as specified under California Government Code Sections 65852.2 (effective Jan. 1, 2023) and 65852.22 (effective Jan. 1, 2023). 5. If the city denies an application for an ADU or a JADU, the city shall supply in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant within the time period specified under California Government Code Section 65852.2 (effective Jan. 1, 2023) and 65852.22 (effective Jan. 1, 2023). 6. A demolition permit for a detached garage that is to be replaced with an accessory dwelling unit shall be reviewed with the application for the accessory dwelling unit and issued at the same time. 3.7. If the permit application to create an ADU or a JADU is submitted with a permit application to create a new one-family dwelling on the lot, the city may delay acting on the permit application for the ADU or the JADU until the city acts on the permit application to create the new one-family dwelling, but the application to create the ADU or JADU shall be considered without discretionary review or public hearing. If the applicant requests a delay, the time period specified under California Government Code March 15, 2023 Item #1 Page 23 of 103 Sections 65852.2 (effective Jan. 1, 20232) and 65852.22 (effective Jan. 1, 20230) shall be tolled for the period of the delay. C. Residential Use and Density. ADUs and JADUs, which comply with the requirements of this section (21.10.030) and California Government Code Sections 65852.2 (effective Jan. 1, 20232) and 65852.22 (effective Jan. 1, 20230): 1. Shall be considered accessory residential uses or accessory residential buildings that are consistent with the general plan or zoning designations for the lot; and 2. Shall not be considered to exceed the allowable density for the lot upon which it is located; and D. Number and Location. 1. ADUs shall be permitted in zones that allow one-family dwellings, two-family dwellings, multiple-family dwellings, and mixed-use (residential uses in combination with non- residential uses), provided there is an existing or proposed dwelling on the lot where the ADU is proposed, as specified in California Government Code Sections 65852.2 (effective Jan. 1, 2022) and 65852.22 (effective Jan. 1, 20230). Refer to a specific zone’s Permitted Uses table within this Title. 2. For zones that allow one-family dwellings, one JADU shall be permitted with an associated existing or proposed one-family dwelling. Refer to a specific zone’s Permitted Uses table within this Title. 3. The number and location of ADUs or JADUs on a lot shall be subject to California Government Code Sections 65852.2 (effective Jan. 1, 20232) and 65852.22 (effective Jan. 1, 20230). E. Other Requirements and Standards. ADUs and JADUs shall comply with all the following requirements and standards: 1. ADUs and JADUs shall comply with the development requirements and standards of California Government Code Sections 65852.2 (effective Jan. 1, 20232) and 65852.22 (effective Jan. 1, 20230). 2. 2. When not in conflict with California Government Code Sections 65852.2 (effective Jan. 1, 20232) and 65852.22 (effective Jan. 1, 20230) and the coastal resource and public access protection requirements of the certified local coastal program, ADUs and JADUs shall also comply with applicable development requirements and standards of this code. March 15, 2023 Item #1 Page 24 of 103 3. The maximum size of an ADU or JADU shall be limited as follows, consistent with California Government Code Sections 65852.2 (effective Jan. 1, 20232) and 65852.22 (effective Jan. 1, 20230): a. Attached ADUs – 50% of the total floor area of the main dwelling or 1,200 square feet, whichever is less, but not less than 800 square feet; b. Detached ADUs – 1,200 square feet c. JADUs – 500 square feet 4. A detached ADU shall be limited to one story and 16 feet maximum height, except that an ADU constructed above or below a detached garage shall be permitted and shall conform to the height limits applicable to the zone. Structures that contain an ADU located above or below a detached garage shall be limited to a maximum of two stories including the garage. 4. The maximum height of an ADU or JADU shall be limited as follows, consistent with California Government Code Sections 65852.2 (effective Jan. 1, 2023) and 65852.22 (effective Jan. 1, 2023): a. A detached ADU on a lot with an existing or proposed single-family, two-family or multiple-family dwelling unit shall be allowed a height up to 16 feet and one story. b. A detached ADU on a lot with an existing or proposed single-family, two-family dwelling, or multiple-family dwelling unit that is within one-half mile walking distance of a major transit stop (Carlsbad Village Station or Poinsettia Station), shall be allowed a height up to 18 feet. An additional two feet in height (20 feet maximum) is allowed to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling. c. A detached ADU on a lot with an existing or proposed two-family, multiple- family, multistory dwelling shall be allowed a height up to 18 feet. d. An attached ADU is allowed a height up to 25 feet, or the height limits of the applicable zoning for the primary dwelling, but not to exceed two stories. e. An ADU constructed above or below a detached garage shall be permitted and shall conform to the height limits applicable to the zone. Structures that contain an ADU located above or below a detached garage shall be limited to a maximum of two stories including the garage. 5. Roof decks shall not be permitted on detached ADUs. 6. The construction of an ADU or JADU that is all new construction, or is a conversion of a portion or all of an existing structure, or expands the square footage of an existing structure, shall be consistent with all habitat preserve buffers, geologic stability March 15, 2023 Item #1 Page 25 of 103 setbacks, and visual resource protection policies in the certified local coastal program, habitat management plan, general plan, or geotechnical report, as applicable. 7. On lots with one-family dwelling(s), the exterior roofing, trim, walls, windows and the color palette of the ADU or JADU shall incorporate the same features as the primary dwelling unit. 8. On lots with two-family or multiple-family dwellings, the exterior roofing, trim, walls, windows and the color palette of the ADU addition shall incorporate the same features as the existing building that the ADU would be provided within. For detached ADUs, it shall be reflective of the nearest building as measured from the wall of the existing building to the nearest wall of the proposed unit. 9. Parking. a. An ADU shall provide off-street parking in compliance with Chapter 21.44 (Parking), unless it qualifies for an exemption as specified in California Government Code Section 65852.2 (effective Jan. 1, 20232). b. No off-street parking is required for a JADU if it meets the requirements specified in California Government Code Section 65852.22 (effective Jan. 1, 20230). c. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU or converted to an ADU, the loss of parking for the primary dwelling does not need to be replaced, except on lots located west of the rail corridor and on lots located east of the rail corridor and west of Interstate 5 between Avenida Encinas to the north and Batiquitos Lagoon to the south. In which case, the loss of parking for the primary dwelling shall be replaced subject to the parking requirements in Chapter 21.44 (Parking), except as follows: i. The replacement parking spaces may be covered, uncovered, or tandem spaces, or provided by the use of mechanical automobile parking lifts (within a garage); and may be located in the front, side or rear yard, provided the parking area is an improved parking surface, such as paving, hardscape, decomposed granite, etc. ii. The location of the replacement parking spaces shall be consistent with all habitat preserve buffers, geologic stability setbacks, and visual resource protection policies in the certified local coastal program. 10. ADUs intended to satisfy an inclusionary requirement shall comply with the requirements of Chapter 21.85, including, but not limited to, the applicable rental rates and income limit standards. 11. A Notice of Restriction shall be recorded on the property declaring that: a. An ADU(s) or JADU shall not be used for short-term rentals of less than 30 days. This requirement does not apply to any unit that was issued a building permit prior to January 1, 2020. March 15, 2023 Item #1 Page 26 of 103 b. The obligations and restrictions imposed on the approval of the ADU(s) per California Government Code Section 65852.2 (effective Jan. 1, 20232) or JADU per California Government Code Section 65852.22 (effective Jan. 1, 20230) are binding on all present and future property owners. c. For a JADU, the property owner must reside in either the primary residence or the JADU. Sale of the JADU separate from the single-family residence is prohibited; said prohibition is binding on all present owners and future purchasers. 12. For ADUs permitted prior to January 1, 2020, the city may continue to enforce a requirement for owner-occupancy of the ADU or primary residence. 13. An ADU may be sold separately from the primary dwelling only in limited situations pursuant to California Government Code Section 65852.26 (effective Jan. 1, 20232). 4. Chapter 21.38 “P-C Planned Community Zone” Section 21.38.025 is proposed to be amended as follows: 21.38.025 Accessory dwelling units. Accessory dwelling units or junior accessory dwelling units are permitted according to the provisions of Section 21.10.030. Accessory dwelling units are permitted according to the provisions of Section 21.10.030 in areas designated by a master plan for single-family detached dwellings. For accessory dwelling units proposed on standard lots (minimum seven thousand five hundred square feet in area) which are developed with detached single-family residences, the development standards of Chapter 21.10 shall apply. For accessory dwelling units proposed on substandard lots (less than seven thousand five hundred square feet in area) which are developed with detached single- family residences, the development standards of Chapter 21.45 shall apply. (Ord. CS-324 § 2, 2017; Ord. NS-718 § 16, 2004; Ord. NS-663 § 11, 2003; Ord. NS-283 § 6, 1994) 5. Chapter 21.45 “Planned Developments,” Section 21.45.090 Table F is proposed to be amended as follows: 21.45.090 Residential additions and accessory uses. Table F Residential Additions and Accessory Uses to One-Family Dwellings and Twin-Homes on Small Lots Addition/Accessory Use Minimum Front Yard Setback Minimum Side and Rear Yard Setbacks Attached/detached patio covers(2) 10 feet to posts 5 feet to posts March 15, 2023 Item #1 Page 27 of 103 (2-foot overhang permitted) (2-foot overhang permitted) Non-habitable detached accessory buildings/structures (e.g., garages, workshops, decks over 30 inches in height)(1),(2),(3) 20 feet 5 feet Habitable detached accessory buildings (i.e. guest houses and accessory dwelling units) (2), (3), (4), (5) Same setbacks as required for the primary dwelling Additions to dwelling (attached) Same setbacks as required for the dwelling Notes: (1) Maximum building height is 1 story and 14 feet with a 3:12 roof pitch or 10 feet with less than a 3:12 roof pitch. (2) Minimum 10-foot separation required between a habitable building and any other detached accessory building/structure. (3) Must be architecturally compatible with the existing structure. (4) Except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030. (5) Refer to California Government Code Section 65852.2 (effective Jan. 1, 2023) for front yard setback requirements allowed for 800 sq. ft. maximum ADUs with four-foot side and rear yard setbacks and constructed in compliance with all other development standards. March 15, 2023 Item #1 Page 28 of 103 12/28/22, 8:59 AM Bill Text - SB-897 Accessory dwelling units: junior accessory dwelling units. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB897 1/20 SHARE THIS:Date Published: 09/29/2022 02:00 PM SB-897 Accessory dwelling units: junior accessory dwelling units.(2021-2022) Senate Bill No. 897 CHAPTER 664 An act to amend Section 65852.22 of, to add Section 65852.23 to, and to repeal and amend Section 65852.2 of, the Government Code, and to amend Section 17980.12 of the Health and Safety Code, relating to land use. [ Approved by Governor September 28, 2022. Filed with Secretary of State September 28, 2022. ] LEGISLATIVE COUNSEL'S DIGEST SB 897, Wieckowski. Accessory dwelling units: junior accessory dwelling units. (1)Existing law, the Planning and Zoning Law, authorizes a local agency, by ordinance or ministerial approval, to provide for the creation of accessory dwelling units in areas zoned for residential use, as specified. Existing law authorizes a local agency to impose standards on accessory dwelling units that include, but are not limited to, parking, height, setback, landscape, architectural review, and maximum size of a unit. This bill would require that the standards imposed on accessory dwelling units be objective. For purposes of this requirement, the bill would define “objective standard” as a standard that involves no personal or subjective judgment by a public official and is uniformly verifiable, as specified. The bill would also prohibit a local agency from denying an application for a permit to create an accessory dwelling unit due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the accessory dwelling unit. This bill would require a local agency to review and issue a demolition permit for a detached garage that is to be replaced by an accessory dwelling unit at the same time as it reviews and issues the permit for the accessory dwelling unit. The bill would prohibit an applicant from being required to provide written notice or post a placard for the demolition of a detached garage that is to be replaced by an accessory dwelling unit, as specified. Existing law provides that an accessory dwelling unit may either be an attached or detached residential dwelling unit, and prescribes the minimum and maximum unit size requirements, height limitations, and setback requirements that a local agency may establish, including a 16-foot height limitation and a 4-foot side and rear setback requirement. This bill would increase the maximum height limitation that may be imposed by a local agency on an accessory dwelling unit to 18 feet if the accessory dwelling unit is within 1/2 mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined, or if the accessory dwelling unit is detached and on a lot that has an existing multifamily, multistory dwelling, as specified. The bill would increase the maximum Home Bill Information California Law Publications Other Resources My Subscriptions My Favorites Exhibit 3 March 15, 2023 Item #1 Page 29 of 103 ~~-7 ~IVE INFORMATION 12/28/22, 8:59 AM Bill Text - SB-897 Accessory dwelling units: junior accessory dwelling units. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB897 2/20 height limitation that may be imposed by a local agency on an accessory dwelling unit to 25 feet if the accessory dwelling unit is attached to a primary dwelling, except as specified. Existing law requires an ordinance that provides for the creation of an accessory dwelling unit to require accessory dwelling units to comply with local building code requirements that apply to detached dwellings, as appropriate. Existing law also prohibits an ordinance from requiring an accessory dwelling unit to provide fire sprinklers if they are not required for the primary residence. This bill would provide that the construction of an accessory dwelling unit does not constitute a Group R occupancy change under the local building code, except as specified. The bill would prohibit the construction of an accessory dwelling unit from triggering a requirement that fire sprinklers be installed in the existing primary dwelling. Existing law provides that a local agency must ministerially approve an application for a building permit within a residential or mixed-use zone to create not more than 2 accessory dwelling units that are located on a lot that has an existing multifamily dwelling, but are detached from that multifamily dwelling and are subject to a height limitation of 16 feet and a 4-foot side and rear setback requirement. This bill would change the height limitation applicable to an accessory dwelling unit subject to ministerial approval to 18 feet if the accessory dwelling unit is within 1/2 mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined, or if the accessory dwelling unit is detached and on a lot that has an existing multifamily, multistory dwelling, as specified. The bill would change the height limitation applicable to an accessory dwelling unit subject to ministerial approval to 25 feet if the accessory dwelling unit is attached to a primary dwelling, except as specified. The bill, if the existing multifamily dwelling exceeds applicable height requirements or has a rear or side setback of less than 4 feet, would prohibit a local agency from requiring any modification to the existing multifamily dwelling to satisfy these requirements. The bill would prohibit a local agency from rejecting an application for an accessory dwelling unit because the existing multifamily dwelling exceeds applicable height requirements or has a rear or side setback of less than 4 feet. Existing law prohibits a local agency from imposing parking standards on certain accessory dwelling units, including those that are located within 1/2-mile walking distance of public transit. This bill would also prohibit a local agency from imposing any parking standards on an accessory dwelling unit that is included in an application to create a new single-family dwelling unit or a new multifamily dwelling on the same lot, provided that the accessory dwelling unit meets other specified requirements. Existing law, when a local agency has not adopted an ordinance governing accessory dwelling units, requires a permitting agency to act on an application to create an accessory dwelling unit or a junior accessory dwelling unit within specified timeframes. This bill would require a permitting agency to return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant, if the permitting agency denies an application for an accessory dwelling unit or junior accessory dwelling unit. (2) Existing law also provides for the creation of junior accessory dwelling units by local ordinance, or, if a local agency has not adopted an ordinance, by ministerial approval, in accordance with specified standards and conditions. Existing law requires an ordinance that provides for the creation of a junior accessory dwelling unit to, among other things, (A) require that the unit be constructed within the walls of the proposed or existing single-family residence, (B) require that the unit include a separate entrance from the main entrance to the proposed or existing single-family residence, and (C) require owner-occupancy in the single-family residence in which the junior accessory dwelling unit is permitted. This bill would specify that enclosed uses within the proposed or existing single-family residence, such as attached garages, are considered a part of the proposed or existing single-family residence. The bill would require a junior accessory dwelling unit that does not include a separate bathroom to include a separate entrance from the main entrance to the structure, with an interior entry to the main living area. The bill would also prohibit a local agency from denying an application for a permit to create a junior accessory dwelling unit due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the junior accessory dwelling unit. March 15, 2023 Item #1 Page 30 of 103 12/28/22, 8:59 AM Bill Text - SB-897 Accessory dwelling units: junior accessory dwelling units. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB897 3/20 (3) Existing law requires a local agency, in enforcing building standards applicable to accessory dwelling units, to delay enforcement for up to 5 years upon the owner submitting an application requesting the delay on the basis that correcting the violation is not necessary to protect health and safety. This bill would prohibit a local agency from denying a permit for an unpermitted accessory dwelling unit that was constructed before January 1, 2018, because, among other things, the unit is in violation of building standards or state or local standards applicable to accessory dwelling units, unless the local agency makes a finding that correcting the violation is necessary to protect the health and safety of the public or occupants of the structure. This bill would specify that this prohibition does not apply to a building that is deemed substandard under specified provisions of law. (4) Existing law requires the Department of Housing and Community Development to administer various programs intended to promote the development of housing, including the Multifamily Housing Program, pursuant to which the department provides financial assistance in the form of deferred payment loans to pay for the eligible costs of development for specified activities. This bill would state the intent of the Legislature that accessory dwelling unit grant programs provide funding for predevelopment costs and facilitate accountability and oversight, as specified. (5) This bill would incorporate additional changes to Section 65852.2 of the Government Code proposed by AB 2221 to be operative only if this bill and AB 2221 are enacted and this bill is enacted last. (6) By imposing new duties on local governments with respect to the approval of accessory dwelling units and junior accessory dwelling units, the bill would impose a state-mandated local program. 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 THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. It is the intent of the Legislature to ensure that grant programs that fund the construction and maintenance of accessory dwelling units undertake both of the following: (a) Provide funding for predevelopment costs, such as development of plans and permitting of accessory dwelling units. (b) Facilitate accountability and oversight, including annual reporting on outcomes to the Legislature. SEC. 2. Section 65852.2 of the Government Code, as amended by Section 1 of Chapter 343 of the Statutes of 2021, is amended to read: 65852.2. (a) (1) A local agency may, by ordinance, provide for the creation of accessory dwelling units in areas zoned to allow single-family or multifamily dwelling residential use. The ordinance shall do all of the following: (A) Designate areas within the jurisdiction of the local agency where accessory dwelling units may be permitted. The designation of areas may be based on the adequacy of water and sewer services and the impact of accessory dwelling units on traffic flow and public safety. A local agency that does not provide water or sewer services shall consult with the local water or sewer service provider regarding the adequacy of water and sewer services before designating an area where accessory dwelling units may be permitted. (B) (i) Impose objective standards on accessory dwelling units that include, but are not limited to, parking, height, setback, landscape, architectural review, maximum size of a unit, and standards that prevent adverse impacts on any real property that is listed in the California Register of Historical Resources. These standards shall not include requirements on minimum lot size. (ii) Notwithstanding clause (i), a local agency may reduce or eliminate parking requirements for any accessory dwelling unit located within its jurisdiction. (C) Provide that accessory dwelling units do not exceed the allowable density for the lot upon which the accessory dwelling unit is located, and that accessory dwelling units are a residential use that is consistentMarch 15, 2023 Item #1 Page 31 of 103 12/28/22, 8:59 AM Bill Text - SB-897 Accessory dwelling units: junior accessory dwelling units. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB897 4/20 with the existing general plan and zoning designation for the lot. (D) Require the accessory dwelling units to comply with all of the following: (i) Except as provided in Section 65852.26, the accessory dwelling unit may be rented separate from the primary residence, but may not be sold or otherwise conveyed separate from the primary residence. (ii) The lot is zoned to allow single-family or multifamily dwelling residential use and includes a proposed or existing dwelling. (iii) The accessory dwelling unit is either attached to, or located within, the proposed or existing primary dwelling, including attached garages, storage areas or similar uses, or an accessory structure or detached from the proposed or existing primary dwelling and located on the same lot as the proposed or existing primary dwelling. (iv) If there is an existing primary dwelling, the total floor area of an attached accessory dwelling unit shall not exceed 50 percent of the existing primary dwelling. (v) The total floor area for a detached accessory dwelling unit shall not exceed 1,200 square feet. (vi) No passageway shall be required in conjunction with the construction of an accessory dwelling unit. (vii) No setback shall be required for an existing living area or accessory structure or a structure constructed in the same location and to the same dimensions as an existing structure that is converted to an accessory dwelling unit or to a portion of an accessory dwelling unit, and a setback of no more than four feet from the side and rear lot lines shall be required for an accessory dwelling unit that is not converted from an existing structure or a new structure constructed in the same location and to the same dimensions as an existing structure. (viii) Local building code requirements that apply to detached dwellings, except that the construction of an accessory dwelling unit shall not constitute a Group R occupancy change under the local building code, as described in Section 310 of the California Building Code (Title 24 of the California Code of Regulations), unless the building official or enforcement agency of the local agency makes a written finding based on substantial evidence in the record that the construction of the accessory dwelling unit could have a specific, adverse impact on public health and safety. Nothing in this clause shall be interpreted to prevent a local agency from changing the occupancy code of a space that was unhabitable space or was only permitted for nonresidential use and was subsequently converted for residential use pursuant to this section. (ix) Approval by the local health officer where a private sewage disposal system is being used, if required. (x) (I) Parking requirements for accessory dwelling units shall not exceed one parking space per accessory dwelling unit or per bedroom, whichever is less. These spaces may be provided as tandem parking on a driveway. (II) 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 feasible based upon specific site or regional topographical or fire and life safety conditions. (III) This clause shall not apply to an accessory dwelling unit that is described in subdivision (d). (xi) When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit or converted to an accessory dwelling unit, the local agency shall not require that those offstreet parking spaces be replaced. (xii) Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary residence. The construction of an accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling. (2) The ordinance shall not be considered in the application of any local ordinance, policy, or program to limit residential growth. March 15, 2023 Item #1 Page 32 of 103 12/28/22, 8:59 AM Bill Text - SB-897 Accessory dwelling units: junior accessory dwelling units. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB897 5/20 (3) A permit application for an accessory dwelling unit or a junior accessory dwelling unit shall be considered and approved ministerially without discretionary review or a hearing, notwithstanding Section 65901 or 65906 or any local ordinance regulating the issuance of variances or special use permits. The permitting agency shall either approve or deny the application to create an accessory dwelling unit or a junior accessory dwelling unit within 60 days from the date the local agency receives a completed application if there is an existing single- family or multifamily dwelling on the lot. If the permit application to create an accessory dwelling unit or a junior accessory dwelling unit is submitted with a permit application to create a new single-family or multifamily dwelling on the lot, the permitting agency may delay approving or denying the permit application for the accessory dwelling unit or the junior accessory dwelling unit until the permitting agency approves or denies on the permit application to create the new single-family dwelling, but the application to create the accessory dwelling unit or junior accessory dwelling unit shall be considered without discretionary review or hearing. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay. If the local agency has not approved or denied the completed application within 60 days, the application shall be deemed approved. A local agency may charge a fee to reimburse it for costs incurred to implement this paragraph, including the costs of adopting or amending any ordinance that provides for the creation of an accessory dwelling unit. (4) The ordinance shall require that a demolition permit for a detached garage that is to be replaced with an accessory dwelling unit be reviewed with the application for the accessory dwelling unit and issued at the same time. (5) The ordinance shall not require, and the applicant shall not be otherwise required, to provide written notice or post a placard for the demolition of a detached garage that is to be replaced with an accessory dwelling unit, unless the property is located within an architecturally and historically significant historic district. (6) An existing ordinance governing the creation of an accessory dwelling unit by a local agency or an accessory dwelling ordinance adopted by a local agency shall provide an approval process that includes only ministerial provisions for the approval of accessory dwelling units and shall not include any discretionary processes, provisions, or requirements for those units, except as otherwise provided in this subdivision. If a local agency has an existing accessory dwelling unit ordinance that fails to meet the requirements of this subdivision, that ordinance shall be null and void and that agency shall thereafter apply the standards established in this subdivision for the approval of accessory dwelling units, unless and until the agency adopts an ordinance that complies with this section. (7) No other local ordinance, policy, or regulation shall be the basis for the delay or denial of a building permit or a use permit under this subdivision. (8) (A) This subdivision establishes the maximum standards that local agencies shall use to evaluate a proposed accessory dwelling unit on a lot that includes a proposed or existing single-family dwelling. No additional standards, other than those provided in this subdivision, shall be used or imposed, except that, subject to subparagraphs (B) and (C), a local agency may require an applicant for a permit issued pursuant to this subdivision to be an owner-occupant. (B) (i) Notwithstanding subparagraph (A), a local agency shall not impose an owner-occupant requirement on an accessory dwelling unit before January 1, 2025. (ii) Notwithstanding subparagraph (A), a local agency shall not impose an owner-occupant requirement on an accessory dwelling unit that was permitted between January 1, 2020, and January 1, 2025. (C) Notwithstanding subparagraphs (A) and (B), a local agency may require that an accessory dwelling unit be used for rentals of terms longer than 30 days. (9) A local agency may amend its zoning ordinance or general plan to incorporate the policies, procedures, or other provisions applicable to the creation of an accessory dwelling unit if these provisions are consistent with the limitations of this subdivision. (10) An accessory dwelling unit that conforms to this subdivision shall be deemed to be an accessory use or an accessory building and shall not be considered to exceed the allowable density for the lot upon which it is located, and shall be deemed to be a residential use that is consistent with the existing general plan and zoning designations for the lot. The accessory dwelling unit shall not be considered in the application of any local ordinance, policy, or program to limit residential growth. March 15, 2023 Item #1 Page 33 of 103 12/28/22, 8:59 AM Bill Text - SB-897 Accessory dwelling units: junior accessory dwelling units. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB897 6/20 (b) (1) When a local agency that has not adopted an ordinance governing accessory dwelling units in accordance with subdivision (a) receives an application for a permit to create or serve an accessory dwelling unit pursuant to this subdivision, the local agency shall approve or disapprove the application ministerially without discretionary review pursuant to subdivision (a). The permitting agency shall either approve or deny the application to create or serve an accessory dwelling unit or a junior accessory dwelling unit within 60 days from the date the permitting agency receives a completed application if there is an existing single-family or multifamily dwelling on the lot. If the permit application to create or serve an accessory dwelling unit or a junior accessory dwelling unit is submitted with a permit application to create or serve a new single-family or multifamily dwelling on the lot, the permitting agency may delay approving or denying the permit application for the accessory dwelling unit or the junior accessory dwelling unit until the permitting agency approves or denies the permit application to create or serve the new single-family dwelling or multifamily dwelling, but the application to create or serve the accessory dwelling unit or junior accessory dwelling unit shall still be considered ministerially without discretionary review or a hearing. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay. If the local agency has not approved or denied the completed application within 60 days, the application shall be deemed approved. (2) If a permitting agency denies an application for an accessory dwelling unit or junior accessory dwelling unit pursuant to paragraph (1), the permitting agency shall, within the time period described in paragraph (1), return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant. (c) (1) Subject to paragraph (2), a local agency may establish minimum and maximum unit size requirements for both attached and detached accessory dwelling units. (2) Notwithstanding paragraph (1), a local agency shall not establish by ordinance any of the following: (A) A minimum square footage requirement for either an attached or detached accessory dwelling unit that prohibits an efficiency unit. (B) A maximum square footage requirement for either an attached or detached accessory dwelling unit that is less than either of the following: (i) 850 square feet. (ii) 1,000 square feet for an accessory dwelling unit that provides more than one bedroom. (C) Any requirement for a zoning clearance or separate zoning review or any other minimum or maximum size for an accessory dwelling unit, size based upon a percentage of the proposed or existing primary dwelling, or limits on lot coverage, floor area ratio, open space, and minimum lot size, for either attached or detached dwellings that does not permit at least an 800 square foot accessory dwelling unit with four-foot side and rear yard setbacks to be constructed in compliance with all other local development standards. (D) Any height limitation that does not allow at least the following, as applicable: (i) A height of 16 feet for a detached accessory dwelling unit on a lot with an existing or proposed single family or multifamily dwelling unit. (ii) A height of 18 feet for a detached accessory dwelling unit on a lot with an existing or proposed single family or multifamily dwelling unit that is within one-half of one mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code. A local agency shall also allow an additional two feet in height to accommodate a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the primary dwelling unit. (iii) A height of 18 feet for a detached accessory dwelling unit on a lot with an existing or proposed multifamily, multistory dwelling. (iv) A height of 25 feet or the height limitation in the local zoning ordinance that applies to the primary dwelling, whichever is lower, for an accessory dwelling unit that is attached to a primary dwelling. This clause shall not require a local agency to allow an accessory dwelling unit to exceed two stories. (d) Notwithstanding any other law, and whether or not the local agency has adopted an ordinance governing accessory dwelling units in accordance with subdivision (a), all of the following shall apply: March 15, 2023 Item #1 Page 34 of 103 12/28/22, 8:59 AM Bill Text - SB-897 Accessory dwelling units: junior accessory dwelling units. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB897 7/20 (1) The local agency shall not impose any parking standards for an accessory dwelling unit in any of the following instances: (A) Where the accessory dwelling unit is located within one-half mile walking distance of public transit. (B) Where the accessory dwelling unit is located within an architecturally and historically significant historic district. (C) Where the accessory dwelling unit is part of the proposed or existing primary residence or an accessory structure. (D) When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit. (E) When there is a car share vehicle located within one block of the accessory dwelling unit. (F) When a permit application for an accessory dwelling unit is submitted with a permit application to create a new single-family dwelling or a new multifamily dwelling on the same lot, provided that the accessory dwelling unit or the parcel satisfies any other criteria listed in this paragraph. (2) The local agency shall not deny an application for a permit to create an accessory dwelling unit due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the accessory dwelling unit. (e) (1) Notwithstanding subdivisions (a) to (d), inclusive, a local agency shall ministerially approve an application for a building permit within a residential or mixed-use zone to create any of the following: (A) One accessory dwelling unit and one junior accessory dwelling unit per lot with a proposed or existing single-family dwelling if all of the following apply: (i) The accessory dwelling unit or junior accessory dwelling unit is within the proposed space of a single- family dwelling or existing space of a single-family dwelling or accessory structure and may include an expansion of not more than 150 square feet beyond the same physical dimensions as the existing accessory structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress. (ii) The space has exterior access from the proposed or existing single-family dwelling. (iii) The side and rear setbacks are sufficient for fire and safety. (iv) The junior accessory dwelling unit complies with the requirements of Section 65852.22. (B) One detached, new construction, accessory dwelling unit that does not exceed four-foot side and rear yard setbacks for a lot with a proposed or existing single-family dwelling. The accessory dwelling unit may be combined with a junior accessory dwelling unit described in subparagraph (A). A local agency may impose the following conditions on the accessory dwelling unit: (i) A total floor area limitation of not more than 800 square feet. (ii) A height limitation as provided in clause (i), (ii), or (iii) as applicable, of subparagraph (D) of paragraph (2) of subdivision (c). (C) (i) Multiple accessory dwelling units within the portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings. (ii) A local agency shall allow at least one accessory dwelling unit within an existing multifamily dwelling and shall allow up to 25 percent of the existing multifamily dwelling units. (D) (i) Not more than two accessory dwelling units that are located on a lot that has an existing or proposed multifamily dwelling, but are detached from that multifamily dwelling and are subject to the applicable height limitation in clause (i), (ii), or (iii), as applicable, of subparagraph (D) of paragraph (2) of subdivision (c) and rear yard and side setbacks of no more than four feet. March 15, 2023 Item #1 Page 35 of 103 12/28/22, 8:59 AM Bill Text - SB-897 Accessory dwelling units: junior accessory dwelling units. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB897 8/20 (ii) If the existing multifamily dwelling has a rear or side setback of less than four feet, the local agency shall not require any modification of the existing multifamily dwelling as a condition of approving the application to construct an accessory dwelling unit that satisfies the requirements of this subparagraph. (2) A local agency shall not require, as a condition for ministerial approval of a permit application for the creation of an accessory dwelling unit or a junior accessory dwelling unit, the correction of nonconforming zoning conditions. (3) The installation of fire sprinklers shall not be required in an accessory dwelling unit if sprinklers are not required for the primary residence. The construction of an accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in the existing multifamily dwelling. (4) A local agency may require owner-occupancy for either the primary dwelling or the accessory dwelling unit on a single-family lot, subject to the requirements of paragraph (8) of subdivision (a). (5) A local agency shall require that a rental of the accessory dwelling unit created pursuant to this subdivision be for a term longer than 30 days. (6) A local agency may require, as part of the application for a permit to create an accessory dwelling unit connected to an onsite wastewater treatment system, a percolation test completed within the last five years, or, if the percolation test has been recertified, within the last 10 years. (7) Notwithstanding subdivision (c) and paragraph (1) a local agency that has adopted an ordinance by July 1, 2018, providing for the approval of accessory dwelling units in multifamily dwelling structures shall ministerially consider a permit application to construct an accessory dwelling unit that is described in paragraph (1), and may impose objective standards including, but not limited to, design, development, and historic standards on said accessory dwelling units. These standards shall not include requirements on minimum lot size. (f) (1) Fees charged for the construction of accessory dwelling units shall be determined in accordance with Chapter 5 (commencing with Section 66000) and Chapter 7 (commencing with Section 66012). (2) An accessory dwelling unit shall not be considered by a local agency, special district, or water corporation to be a new residential use for purposes of calculating connection fees or capacity charges for utilities, including water and sewer service, unless the accessory dwelling unit was constructed with a new single-family dwelling. (3) (A) A local agency, special district, or water corporation shall not impose any impact fee upon the development of an accessory dwelling unit less than 750 square feet. Any impact fees charged for an accessory dwelling unit of 750 square feet or more shall be charged proportionately in relation to the square footage of the primary dwelling unit. (B) For purposes of this paragraph, “impact fee” has the same meaning as the term “fee” is defined in subdivision (b) of Section 66000, except that it also includes fees specified in Section 66477. “Impact fee” does not include any connection fee or capacity charge charged by a local agency, special district, or water corporation. (4) For an accessory dwelling unit described in subparagraph (A) of paragraph (1) of subdivision (e), a local agency, special district, or water corporation shall not require the applicant to install a new or separate utility connection directly between the accessory dwelling unit and the utility or impose a related connection fee or capacity charge, unless the accessory dwelling unit was constructed with a new single-family dwelling. (5) For an accessory dwelling unit that is not described in subparagraph (A) of paragraph (1) of subdivision (e), a local agency, special district, or water corporation may require a new or separate utility connection directly between the accessory dwelling unit and the utility. Consistent with Section 66013, the connection may be subject to a connection fee or capacity charge that shall be proportionate to the burden of the proposed accessory dwelling unit, based upon either its square feet or the number of its drainage fixture unit (DFU) values, as defined in the Uniform Plumbing Code adopted and published by the International Association of Plumbing and Mechanical Officials, upon the water or sewer system. This fee or charge shall not exceed the reasonable cost of providing this service. (g) This section does not limit the authority of local agencies to adopt less restrictive requirements for the creation of an accessory dwelling unit. March 15, 2023 Item #1 Page 36 of 103 12/28/22, 8:59 AM Bill Text - SB-897 Accessory dwelling units: junior accessory dwelling units. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB897 9/20 (h) (1) A local agency shall submit a copy of the ordinance adopted pursuant to subdivision (a) to the Department of Housing and Community Development within 60 days after adoption. After adoption of an ordinance, the department may submit written findings to the local agency as to whether the ordinance complies with this section. (2) (A) If the department finds that the local agency’s ordinance does not comply with this section, the department shall notify the local agency and shall provide the local agency with a reasonable time, no longer than 30 days, to respond to the findings before taking any other action authorized by this section. (B) The local agency shall consider the findings made by the department pursuant to subparagraph (A) and shall do one of the following: (i) Amend the ordinance to comply with this section. (ii) Adopt the ordinance without changes. The local agency shall include findings in its resolution adopting the ordinance that explain the reasons the local agency believes that the ordinance complies with this section despite the findings of the department. (3) (A) If the local agency does not amend its ordinance in response to the department’s findings or does not adopt a resolution with findings explaining the reason the ordinance complies with this section and addressing the department’s findings, the department shall notify the local agency and may notify the Attorney General that the local agency is in violation of state law. (B) Before notifying the Attorney General that the local agency is in violation of state law, the department may consider whether a local agency adopted an ordinance in compliance with this section between January 1, 2017, and January 1, 2020. (i) The department may review, adopt, amend, or repeal guidelines to implement uniform standards or criteria that supplement or clarify the terms, references, and standards set forth in this section. The guidelines adopted pursuant to this subdivision are not subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2. (j) As used in this section, the following terms mean: (1) “Accessory dwelling unit” means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. An accessory dwelling unit also includes the following: (A) An efficiency unit. (B) A manufactured home, as defined in Section 18007 of the Health and Safety Code. (2) “Accessory structure” means a structure that is accessory and incidental to a dwelling located on the same lot. (3) “Efficiency unit” has the same meaning as defined in Section 17958.1 of the Health and Safety Code. (4) “Living area” means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure. (5) “Local agency” means a city, county, or city and county, whether general law or chartered. (6) “Nonconforming zoning condition” means a physical improvement on a property that does not conform with current zoning standards. (7) “Objective standards” means standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal. (8) “Passageway” means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit. (9) “Permitting agency” means any entity that is involved in the review of a permit for an accessory dwelling unit or junior accessory dwelling unit and for which there is no substitute, including, but not limited to,March 15, 2023 Item #1 Page 37 of 103 12/28/22, 8:59 AM Bill Text - SB-897 Accessory dwelling units: junior accessory dwelling units. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB897 10/20 applicable planning departments, building departments, utilities, and special districts. (10) “Proposed dwelling” means a dwelling that is the subject of a permit application and that meets the requirements for permitting. (11) “Public transit” means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public. (12) “Tandem parking” means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another. (k) A local agency shall not issue a certificate of occupancy for an accessory dwelling unit before the local agency issues a certificate of occupancy for the primary dwelling. (l) Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code), except that the local government shall not be required to hold public hearings for coastal development permit applications for accessory dwelling units. (m) A local agency may count an accessory dwelling unit for purposes of identifying adequate sites for housing, as specified in subdivision (a) of Section 65583.1, subject to authorization by the department and compliance with this division. (n) In enforcing building standards pursuant to Article 1 (commencing with Section 17960) of Chapter 5 of Part 1.5 of Division 13 of the Health and Safety Code for an accessory dwelling unit described in paragraph (1) or (2), a local agency, upon request of an owner of an accessory dwelling unit for a delay in enforcement, shall delay enforcement of a building standard, subject to compliance with Section 17980.12 of the Health and Safety Code: (1) The accessory dwelling unit was built before January 1, 2020. (2) The accessory dwelling unit was built on or after January 1, 2020, in a local jurisdiction that, at the time the accessory dwelling unit was built, had a noncompliant accessory dwelling unit ordinance, but the ordinance is compliant at the time the request is made. SEC. 2.5. Section 65852.2 of the Government Code, as amended by Section 1 of Chapter 343 of the Statutes of 2021, is amended to read: 65852.2. (a) (1) A local agency may, by ordinance, provide for the creation of accessory dwelling units in areas zoned to allow single-family or multifamily dwelling residential use. The ordinance shall do all of the following: (A) Designate areas within the jurisdiction of the local agency where accessory dwelling units may be permitted. The designation of areas may be based on the adequacy of water and sewer services and the impact of accessory dwelling units on traffic flow and public safety. A local agency that does not provide water or sewer services shall consult with the local water or sewer service provider regarding the adequacy of water and sewer services before designating an area where accessory dwelling units may be permitted. (B) (i) Impose objective standards on accessory dwelling units that include, but are not limited to, parking, height, setback, landscape, architectural review, maximum size of a unit, and standards that prevent adverse impacts on any real property that is listed in the California Register of Historical Resources. These standards shall not include requirements on minimum lot size. (ii) Notwithstanding clause (i), a local agency may reduce or eliminate parking requirements for any accessory dwelling unit located within its jurisdiction. (C) Provide that accessory dwelling units do not exceed the allowable density for the lot upon which the accessory dwelling unit is located, and that accessory dwelling units are a residential use that is consistent with the existing general plan and zoning designation for the lot. (D) Require the accessory dwelling units to comply with all of the following: (i) Except as provided in Section 65852.26, the accessory dwelling unit may be rented separate from the primary residence, but may not be sold or otherwise conveyed separate from the primary residence. March 15, 2023 Item #1 Page 38 of 103 12/28/22, 8:59 AM Bill Text - SB-897 Accessory dwelling units: junior accessory dwelling units. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB897 11/20 (ii) The lot is zoned to allow single-family or multifamily dwelling residential use and includes a proposed or existing dwelling. (iii) The accessory dwelling unit is either attached to, or located within, the proposed or existing primary dwelling, including attached garages, storage areas or similar uses, or an accessory structure or detached from the proposed or existing primary dwelling and located on the same lot as the proposed or existing primary dwelling, including detached garages. (iv) If there is an existing primary dwelling, the total floor area of an attached accessory dwelling unit shall not exceed 50 percent of the existing primary dwelling. (v) The total floor area for a detached accessory dwelling unit shall not exceed 1,200 square feet. (vi) No passageway shall be required in conjunction with the construction of an accessory dwelling unit. (vii) No setback shall be required for an existing living area or accessory structure or a structure constructed in the same location and to the same dimensions as an existing structure that is converted to an accessory dwelling unit or to a portion of an accessory dwelling unit, and a setback of no more than four feet from the side and rear lot lines shall be required for an accessory dwelling unit that is not converted from an existing structure or a new structure constructed in the same location and to the same dimensions as an existing structure. (viii) Local building code requirements that apply to detached dwellings, except that the construction of an accessory dwelling unit shall not constitute a Group R occupancy change under the local building code, as described in Section 310 of the California Building Code (Title 24 of the California Code of Regulations), unless the building official or enforcement agency of the local agency makes a written finding based on substantial evidence in the record that the construction of the accessory dwelling unit could have a specific, adverse impact on public health and safety. Nothing in this clause shall be interpreted to prevent a local agency from changing the occupancy code of a space that was unhabitable space or was only permitted for nonresidential use and was subsequently converted for residential use pursuant to this section. (ix) Approval by the local health officer where a private sewage disposal system is being used, if required. (x) (I) Parking requirements for accessory dwelling units shall not exceed one parking space per accessory dwelling unit or per bedroom, whichever is less. These spaces may be provided as tandem parking on a driveway. (II) 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 feasible based upon specific site or regional topographical or fire and life safety conditions. (III) This clause shall not apply to an accessory dwelling unit that is described in subdivision (d). (xi) When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit or converted to an accessory dwelling unit, the local agency shall not require that those offstreet parking spaces be replaced. (xii) Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary residence. The construction of an accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling. (2) The ordinance shall not be considered in the application of any local ordinance, policy, or program to limit residential growth. (3) (A) A permit application for an accessory dwelling unit or a junior accessory dwelling unit shall be considered and approved ministerially without discretionary review or a hearing, notwithstanding Section 65901 or 65906 or any local ordinance regulating the issuance of variances or special use permits. The permitting agency shall either approve or deny the application to create or serve an accessory dwelling unit or a junior accessory dwelling unit within 60 days from the date the permitting agency receives a completed application if there is an existing single-family or multifamily dwelling on the lot. If the permit application to create or serve an accessory dwelling unit or a junior accessory dwelling unit is submitted with a permitMarch 15, 2023 Item #1 Page 39 of 103 12/28/22, 8:59 AM Bill Text - SB-897 Accessory dwelling units: junior accessory dwelling units. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB897 12/20 application to create a new single-family or multifamily dwelling on the lot, the permitting agency may delay approving or denying the permit application for the accessory dwelling unit or the junior accessory dwelling unit until the permitting agency approves or denies the permit application to create the new single-family or multifamily dwelling, but the application to create or serve the accessory dwelling unit or junior accessory dwelling unit shall be considered without discretionary review or hearing. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay. If the local agency has not approved or denied the completed application within 60 days, the application shall be deemed approved. A local agency may charge a fee to reimburse it for costs incurred to implement this paragraph, including the costs of adopting or amending any ordinance that provides for the creation of an accessory dwelling unit. (B) If a permitting agency denies an application for an accessory dwelling unit or junior accessory dwelling unit pursuant to subparagraph (A), the permitting agency shall, within the time period described in subparagraph (A), return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant. (4) The ordinance shall require that a demolition permit for a detached garage that is to be replaced with an accessory dwelling unit be reviewed with the application for the accessory dwelling unit and issued at the same time. (5) The ordinance shall not require, and the applicant shall not be otherwise required, to provide written notice or post a placard for the demolition of a detached garage that is to be replaced with an accessory dwelling unit, unless the property is located within an architecturally and historically significant historic district. (6) An existing ordinance governing the creation of an accessory dwelling unit by a local agency or an accessory dwelling ordinance adopted by a local agency shall provide an approval process that includes only ministerial provisions for the approval of accessory dwelling units and shall not include any discretionary processes, provisions, or requirements for those units, except as otherwise provided in this subdivision. If a local agency has an existing accessory dwelling unit ordinance that fails to meet the requirements of this subdivision, that ordinance shall be null and void and that agency shall thereafter apply the standards established in this subdivision for the approval of accessory dwelling units, unless and until the agency adopts an ordinance that complies with this section. (7) No other local ordinance, policy, or regulation shall be the basis for the delay or denial of a building permit or a use permit under this subdivision. (8) (A) This subdivision establishes the maximum standards that local agencies shall use to evaluate a proposed accessory dwelling unit on a lot that includes a proposed or existing single-family dwelling. No additional standards, other than those provided in this subdivision, shall be used or imposed, except that, subject to subparagraphs (B) and (C), a local agency may require an applicant for a permit issued pursuant to this subdivision to be an owner-occupant. (B) (i) Notwithstanding subparagraph (A), a local agency shall not impose an owner-occupant requirement on an accessory dwelling unit before January 1, 2025. (ii) Notwithstanding subparagraph (A), a local agency shall not impose an owner-occupant requirement on an accessory dwelling unit that was permitted between January 1, 2020, and January 1, 2025. (C) Notwithstanding subparagraphs (A) and (B), a local agency may require that an accessory dwelling unit be used for rentals of terms longer than 30 days. (9) A local agency may amend its zoning ordinance or general plan to incorporate the policies, procedures, or other provisions applicable to the creation of an accessory dwelling unit if these provisions are consistent with the limitations of this subdivision. (10) An accessory dwelling unit that conforms to this subdivision shall be deemed to be an accessory use or an accessory building and shall not be considered to exceed the allowable density for the lot upon which it is located, and shall be deemed to be a residential use that is consistent with the existing general plan and zoning designations for the lot. The accessory dwelling unit shall not be considered in the application of any local ordinance, policy, or program to limit residential growth. (b) (1) When a local agency that has not adopted an ordinance governing accessory dwelling units in accordance with subdivision (a) receives an application for a permit to create or serve an accessory dwelling unit pursuant to this subdivision, the local agency shall approve or disapprove the application ministerially without discretionaryMarch 15, 2023 Item #1 Page 40 of 103 12/28/22, 8:59 AM Bill Text - SB-897 Accessory dwelling units: junior accessory dwelling units. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB897 13/20 review pursuant to subdivision (a). The permitting agency shall either approve or deny the application to create or serve an accessory dwelling unit or a junior accessory dwelling unit within 60 days from the date the permitting agency receives a completed application if there is an existing single-family or multifamily dwelling on the lot. If the permit application to create or serve an accessory dwelling unit or a junior accessory dwelling unit is submitted with a permit application to create or serve a new single-family or multifamily dwelling on the lot, the permitting agency may delay approving or denying the permit application for the accessory dwelling unit or the junior accessory dwelling unit until the permitting agency approves or denies the permit application to create or serve the new single-family or multifamily dwelling, but the application to create or serve the accessory dwelling unit or junior accessory dwelling unit shall still be considered ministerially without discretionary review or a hearing. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay. If the local agency has not approved or denied the completed application within 60 days, the application shall be deemed approved. (2) If a permitting agency denies an application for an accessory dwelling unit or junior accessory dwelling unit pursuant to paragraph (1), the permitting agency shall, within the time period described in paragraph (1), return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant. (c) (1) Subject to paragraph (2), a local agency may establish minimum and maximum unit size requirements for both attached and detached accessory dwelling units. (2) Notwithstanding paragraph (1), a local agency shall not establish by ordinance any of the following: (A) A minimum square footage requirement for either an attached or detached accessory dwelling unit that prohibits an efficiency unit. (B) A maximum square footage requirement for either an attached or detached accessory dwelling unit that is less than either of the following: (i) 850 square feet. (ii) 1,000 square feet for an accessory dwelling unit that provides more than one bedroom. (C) Any requirement for a zoning clearance or separate zoning review or any other minimum or maximum size for an accessory dwelling unit, size based upon a percentage of the proposed or existing primary dwelling, or limits on lot coverage, floor area ratio, open space, front setbacks, and minimum lot size, for either attached or detached dwellings that does not permit at least an 800 square foot accessory dwelling unit with four-foot side and rear yard setbacks to be constructed in compliance with all other local development standards. (D) Any height limitation that does not allow at least the following, as applicable: (i) A height of 16 feet for a detached accessory dwelling unit on a lot with an existing or proposed single family or multifamily dwelling unit. (ii) A height of 18 feet for a detached accessory dwelling unit on a lot with an existing or proposed single family or multifamily dwelling unit that is within one-half of one mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code. A local agency shall also allow an additional two feet in height to accommodate a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the primary dwelling unit. (iii) A height of 18 feet for a detached accessory dwelling unit on a lot with an existing or proposed multifamily, multistory dwelling. (iv) A height of 25 feet or the height limitation in the local zoning ordinance that applies to the primary dwelling, whichever is lower, for an accessory dwelling unit that is attached to a primary dwelling. This clause shall not require a local agency to allow an accessory dwelling unit to exceed two stories. (d) Notwithstanding any other law, and whether or not the local agency has adopted an ordinance governing accessory dwelling units in accordance with subdivision (a), all of the following shall apply: (1) The local agency shall not impose any parking standards for an accessory dwelling unit in any of the following instances: (A) Where the accessory dwelling unit is located within one-half mile walking distance of public transit.March 15, 2023 Item #1 Page 41 of 103 12/28/22, 8:59 AM Bill Text - SB-897 Accessory dwelling units: junior accessory dwelling units. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB897 14/20 (B) Where the accessory dwelling unit is located within an architecturally and historically significant historic district. (C) Where the accessory dwelling unit is part of the proposed or existing primary residence or an accessory structure. (D) When onstreet parking permits are required but not offered to the occupant of the accessory dwelling unit. (E) When there is a car share vehicle located within one block of the accessory dwelling unit. (F) When a permit application for an accessory dwelling unit is submitted with a permit application to create a new single-family dwelling or a new multifamily dwelling on the same lot, provided that the accessory dwelling unit or the parcel satisfies any other criteria listed in this paragraph. (2) The local agency shall not deny an application for a permit to create an accessory dwelling unit due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the accessory dwelling unit. (e) (1) Notwithstanding subdivisions (a) to (d), inclusive, a local agency shall ministerially approve an application for a building permit within a residential or mixed-use zone to create any of the following: (A) One accessory dwelling unit and one junior accessory dwelling unit per lot with a proposed or existing single-family dwelling if all of the following apply: (i) The accessory dwelling unit or junior accessory dwelling unit is within the proposed space of a single- family dwelling or existing space of a single-family dwelling or accessory structure and may include an expansion of not more than 150 square feet beyond the same physical dimensions as the existing accessory structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress. (ii) The space has exterior access from the proposed or existing single-family dwelling. (iii) The side and rear setbacks are sufficient for fire and safety. (iv) The junior accessory dwelling unit complies with the requirements of Section 65852.22. (B) One detached, new construction, accessory dwelling unit that does not exceed four-foot side and rear yard setbacks for a lot with a proposed or existing single-family dwelling. The accessory dwelling unit may be combined with a junior accessory dwelling unit described in subparagraph (A). A local agency may impose the following conditions on the accessory dwelling unit: (i) A total floor area limitation of not more than 800 square feet. (ii) A height limitation as provided in clause (i), (ii), or (iii) as applicable, of subparagraph (D) of paragraph (2) of subdivision (c). (C) (i) Multiple accessory dwelling units within the portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings. (ii) A local agency shall allow at least one accessory dwelling unit within an existing multifamily dwelling and shall allow up to 25 percent of the existing multifamily dwelling units. (D) (i) Not more than two accessory dwelling units that are located on a lot that has an existing or proposed multifamily dwelling, but are detached from that multifamily dwelling and are subject to a height limitation in clause (i), (ii), or (iii), as applicable, of subparagraph (D) of paragraph (2) of subdivision (c) and rear yard and side setbacks of no more than four feet. (ii) If the existing multifamily dwelling has a rear or side setback of less than four feet, the local agency shall not require any modification of the existing multifamily dwelling as a condition of approving the application to construct an accessory dwelling unit that satisfies the requirements of this subparagraph. (2) A local agency shall not require, as a condition for ministerial approval of a permit application for the creation of an accessory dwelling unit or a junior accessory dwelling unit, the correction of nonconformingMarch 15, 2023 Item #1 Page 42 of 103 12/28/22, 8:59 AM Bill Text - SB-897 Accessory dwelling units: junior accessory dwelling units. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB897 15/20 zoning conditions. (3) The installation of fire sprinklers shall not be required in an accessory dwelling unit if sprinklers are not required for the primary residence. The construction of an accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in the existing multifamily dwelling. (4) A local agency may require owner-occupancy for either the primary dwelling or the accessory dwelling unit on a single-family lot, subject to the requirements of paragraph (8) of subdivision (a). (5) A local agency shall require that a rental of the accessory dwelling unit created pursuant to this subdivision be for a term longer than 30 days. (6) A local agency may require, as part of the application for a permit to create an accessory dwelling unit connected to an onsite wastewater treatment system, a percolation test completed within the last five years, or, if the percolation test has been recertified, within the last 10 years. (7) Notwithstanding subdivision (c) and paragraph (1) a local agency that has adopted an ordinance by July 1, 2018, providing for the approval of accessory dwelling units in multifamily dwelling structures shall ministerially consider a permit application to construct an accessory dwelling unit that is described in paragraph (1), and may impose objective standards including, but not limited to, design, development, and historic standards on said accessory dwelling units. These standards shall not include requirements on minimum lot size. (f) (1) Fees charged for the construction of accessory dwelling units shall be determined in accordance with Chapter 5 (commencing with Section 66000) and Chapter 7 (commencing with Section 66012). (2) An accessory dwelling unit shall not be considered by a local agency, special district, or water corporation to be a new residential use for purposes of calculating connection fees or capacity charges for utilities, including water and sewer service, unless the accessory dwelling unit was constructed with a new single-family dwelling. (3) (A) A local agency, special district, or water corporation shall not impose any impact fee upon the development of an accessory dwelling unit less than 750 square feet. Any impact fees charged for an accessory dwelling unit of 750 square feet or more shall be charged proportionately in relation to the square footage of the primary dwelling unit. (B) For purposes of this paragraph, “impact fee” has the same meaning as the term “fee” is defined in subdivision (b) of Section 66000, except that it also includes fees specified in Section 66477. “Impact fee” does not include any connection fee or capacity charge charged by a local agency, special district, or water corporation. (4) For an accessory dwelling unit described in subparagraph (A) of paragraph (1) of subdivision (e), a local agency, special district, or water corporation shall not require the applicant to install a new or separate utility connection directly between the accessory dwelling unit and the utility or impose a related connection fee or capacity charge, unless the accessory dwelling unit was constructed with a new single-family dwelling. (5) For an accessory dwelling unit that is not described in subparagraph (A) of paragraph (1) of subdivision (e), a local agency, special district, or water corporation may require a new or separate utility connection directly between the accessory dwelling unit and the utility. Consistent with Section 66013, the connection may be subject to a connection fee or capacity charge that shall be proportionate to the burden of the proposed accessory dwelling unit, based upon either its square feet or the number of its drainage fixture unit (DFU) values, as defined in the Uniform Plumbing Code adopted and published by the International Association of Plumbing and Mechanical Officials, upon the water or sewer system. This fee or charge shall not exceed the reasonable cost of providing this service. (g) This section shall supersede a conflicting local ordinance. This section does not limit the authority of local agencies to adopt less restrictive requirements for the creation of an accessory dwelling unit. (h) (1) A local agency shall submit a copy of the ordinance adopted pursuant to subdivision (a) to the Department of Housing and Community Development within 60 days after adoption. After adoption of an ordinance, the department may submit written findings to the local agency as to whether the ordinance complies with this section. March 15, 2023 Item #1 Page 43 of 103 12/28/22, 8:59 AM Bill Text - SB-897 Accessory dwelling units: junior accessory dwelling units. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB897 16/20 (2) (A) If the department finds that the local agency’s ordinance does not comply with this section, the department shall notify the local agency and shall provide the local agency with a reasonable time, no longer than 30 days, to respond to the findings before taking any other action authorized by this section. (B) The local agency shall consider the findings made by the department pursuant to subparagraph (A) and shall do one of the following: (i) Amend the ordinance to comply with this section. (ii) Adopt the ordinance without changes. The local agency shall include findings in its resolution adopting the ordinance that explain the reasons the local agency believes that the ordinance complies with this section despite the findings of the department. (3) (A) If the local agency does not amend its ordinance in response to the department’s findings or does not adopt a resolution with findings explaining the reason the ordinance complies with this section and addressing the department’s findings, the department shall notify the local agency and may notify the Attorney General that the local agency is in violation of state law. (B) Before notifying the Attorney General that the local agency is in violation of state law, the department may consider whether a local agency adopted an ordinance in compliance with this section between January 1, 2017, and January 1, 2020. (i) The department may review, adopt, amend, or repeal guidelines to implement uniform standards or criteria that supplement or clarify the terms, references, and standards set forth in this section. The guidelines adopted pursuant to this subdivision are not subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2. (j) As used in this section, the following terms mean: (1) “Accessory dwelling unit” means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. An accessory dwelling unit also includes the following: (A) An efficiency unit. (B) A manufactured home, as defined in Section 18007 of the Health and Safety Code. (2) “Accessory structure” means a structure that is accessory and incidental to a dwelling located on the same lot. (3) “Efficiency unit” has the same meaning as defined in Section 17958.1 of the Health and Safety Code. (4) “Living area” means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure. (5) “Local agency” means a city, county, or city and county, whether general law or chartered. (6) “Nonconforming zoning condition” means a physical improvement on a property that does not conform with current zoning standards. (7) “Objective standards” means standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal. (8) “Passageway” means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit. (9) “Permitting agency” means any entity that is involved in the review of a permit for an accessory dwelling unit or junior accessory dwelling unit and for which there is no substitute, including, but not limited to, applicable planning departments, building departments, utilities, and special districts. (10) “Proposed dwelling” means a dwelling that is the subject of a permit application and that meets the requirements for permitting. March 15, 2023 Item #1 Page 44 of 103 12/28/22, 8:59 AM Bill Text - SB-897 Accessory dwelling units: junior accessory dwelling units. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB897 17/20 (11) “Public transit” means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public. (12) “Tandem parking” means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another. (k) A local agency shall not issue a certificate of occupancy for an accessory dwelling unit before the local agency issues a certificate of occupancy for the primary dwelling. (l) Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code), except that the local government shall not be required to hold public hearings for coastal development permit applications for accessory dwelling units. (m) A local agency may count an accessory dwelling unit for purposes of identifying adequate sites for housing, as specified in subdivision (a) of Section 65583.1, subject to authorization by the department and compliance with this division. (n) In enforcing building standards pursuant to Article 1 (commencing with Section 17960) of Chapter 5 of Part 1.5 of Division 13 of the Health and Safety Code for an accessory dwelling unit described in paragraph (1) or (2), a local agency, upon request of an owner of an accessory dwelling unit for a delay in enforcement, shall delay enforcement of a building standard, subject to compliance with Section 17980.12 of the Health and Safety Code: (1) The accessory dwelling unit was built before January 1, 2020. (2) The accessory dwelling unit was built on or after January 1, 2020, in a local jurisdiction that, at the time the accessory dwelling unit was built, had a noncompliant accessory dwelling unit ordinance, but the ordinance is compliant at the time the request is made. SEC. 3. Section 65852.2 of the Government Code, as amended by Section 2 of Chapter 343 of the Statutes of 2021, is repealed. SEC. 4. Section 65852.22 of the Government Code is amended to read: 65852.22. (a) Notwithstanding Section 65852.2, a local agency may, by ordinance, provide for the creation of junior accessory dwelling units in single-family residential zones. The ordinance may require a permit to be obtained for the creation of a junior accessory dwelling unit, and shall do all of the following: (1) Limit the number of junior accessory dwelling units to one per residential lot zoned for single-family residences with a single-family residence built, or proposed to be built, on the lot. (2) Require owner-occupancy in the single family residence in which the junior accessory dwelling unit will be permitted. The owner may reside in either the remaining portion of the structure or the newly created junior accessory dwelling unit. Owner-occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization. (3) Require the recordation of a deed restriction, which shall run with the land, shall be filed with the permitting agency, and shall include both of the following: (A) A prohibition on the sale of the junior accessory dwelling unit separate from the sale of the single-family residence, including a statement that the deed restriction may be enforced against future purchasers. (B) A restriction on the size and attributes of the junior accessory dwelling unit that conforms with this section. (4) Require a permitted junior accessory dwelling unit to be constructed within the walls of the proposed or existing single-family residence. For purposes of this paragraph, enclosed uses within the residence, such as attached garages, are considered a part of the proposed or existing single-family residence. (5) (A) Require a permitted junior accessory dwelling unit to include a separate entrance from the main entrance to the proposed or existing single-family residence. (B) If a permitted junior accessory dwelling unit does not include a separate bathroom, the permitted junior accessory dwelling unit shall include a separate entrance from the main entrance to the structure, with anMarch 15, 2023 Item #1 Page 45 of 103 12/28/22, 8:59 AM Bill Text - SB-897 Accessory dwelling units: junior accessory dwelling units. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB897 18/20 interior entry to the main living area. (6) Require the permitted junior accessory dwelling unit to include an efficiency kitchen, which shall include all of the following: (A) A cooking facility with appliances. (B) A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit. (b) (1) An ordinance shall not require additional parking as a condition to grant a permit. (2) This subdivision shall not be interpreted to prohibit the requirement of an inspection, including the imposition of a fee for that inspection, to determine if the junior accessory dwelling unit complies with applicable building standards. (c) (1) An application for a permit pursuant to this section shall, notwithstanding Section 65901 or 65906 or any local ordinance regulating the issuance of variances or special use permits, be considered ministerially, without discretionary review or a hearing. The permitting agency shall either approve or deny the application to create or serve a junior accessory dwelling unit within 60 days from the date the local agency receives a completed application if there is an existing single-family dwelling on the lot. If the permit application to create or serve a junior accessory dwelling unit is submitted with a permit application to create or serve a new single-family dwelling on the lot, the permitting agency may delay approving or denying the permit application for the junior accessory dwelling unit until the permitting agency approves or denies the permit application to create or serve the new single-family dwelling, but the application to create or serve the junior accessory dwelling unit shall still be considered ministerially without discretionary review or a hearing. If the applicant requests a delay, the 60- day time period shall be tolled for the period of the delay. A local agency may charge a fee to reimburse the local agency for costs incurred in connection with the issuance of a permit pursuant to this section. (2) If a permitting agency denies an application for a junior accessory dwelling unit pursuant to paragraph (1), the permitting agency shall, within the time period described in paragraph (1), return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant. (d) A local agency shall not deny an application for a permit to create a junior accessory dwelling unit pursuant to this section due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and that are not affected by the construction of the junior accessory dwelling unit. (e) For purposes of any fire or life protection ordinance or regulation, a junior accessory dwelling unit shall not be considered a separate or new dwelling unit. This section shall not be construed to prohibit a city, county, city and county, or other local public entity from adopting an ordinance or regulation relating to fire and life protection requirements within a single-family residence that contains a junior accessory dwelling unit so long as the ordinance or regulation applies uniformly to all single-family residences within the zone regardless of whether the single-family residence includes a junior accessory dwelling unit or not. (f) For purposes of providing service for water, sewer, or power, including a connection fee, a junior accessory dwelling unit shall not be considered a separate or new dwelling unit. (g) This section shall not be construed to prohibit a local agency from adopting an ordinance or regulation related to a service or a connection fee for water, sewer, or power, that applies to a single-family residence that contains a junior accessory dwelling unit, so long as that ordinance or regulation applies uniformly to all single- family residences regardless of whether the single-family residence includes a junior accessory dwelling unit. (h) If a local agency has not adopted a local ordinance pursuant to this section, the local agency shall ministerially approve a permit to construct a junior accessory dwelling unit that satisfies the requirements set forth in subparagraph (A) of paragraph (1) of subdivision (e) of Section 65852.2 and the requirements of this section. (i) For purposes of this section, the following terms have the following meanings: (1) “Junior accessory dwelling unit” means a unit that is no more than 500 square feet in size and contained entirely within a single-family residence. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure.March 15, 2023 Item #1 Page 46 of 103 12/28/22, 8:59 AM Bill Text - SB-897 Accessory dwelling units: junior accessory dwelling units. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB897 19/20 (2) “Local agency” means a city, county, or city and county, whether general law or chartered. (3) “Permitting agency” means any entity that is involved in the review of a permit for an accessory dwelling unit or junior accessory dwelling unit and for which there is no substitute, including, but not limited to, applicable planning departments, building departments, utilities, and special districts. SEC. 5. Section 65852.23 is added to the Government Code, to read: 65852.23. (a) Notwithstanding any other law, and except as otherwise provided in subdivision (b), a local agency shall not deny a permit for an unpermitted accessory dwelling unit that was constructed before January 1, 2018, due to either of the following: (1) The accessory dwelling unit is in violation of building standards pursuant to Article 1 (commencing with Section 17960) of Chapter 5 of Part 1.5 of Division 13 of the Health and Safety Code. (2) The accessory dwelling unit does not comply with Section 65852.2 or any local ordinance regulating accessory dwelling units. (b) Notwithstanding subdivision (a), a local agency may deny a permit for an accessory dwelling unit subject to subdivision (a) if the local agency makes a finding that correcting the violation is necessary to protect the health and safety of the public or occupants of the structure. (c) The section shall not apply to a building that is deemed substandard pursuant to Section 17920.3 of the Health and Safety Code. SEC. 6. Section 17980.12 of the Health and Safety Code is amended to read: 17980.12. (a) (1) An enforcement agency, until January 1, 2030, that issues to an owner of an accessory dwelling unit described in subparagraph (A) or (B) below, a notice to correct a violation of any provision of any building standard pursuant to this part shall include in that notice a statement that the owner of the unit has a right to request a delay in enforcement pursuant to this subdivision: (A) The accessory dwelling unit was built before January 1, 2020. (B) The accessory dwelling unit was built on or after January 1, 2020, in a local jurisdiction that, at the time the accessory dwelling unit was built, had a noncompliant accessory dwelling unit ordinance, but the ordinance is compliant at the time the request is made. (2) The owner of an accessory dwelling unit that receives a notice to correct violations or abate nuisances as described in paragraph (1) may, in the form and manner prescribed by the enforcement agency, submit an application to the enforcement agency requesting that enforcement of the violation be delayed for five years on the basis that correcting the violation is not necessary to protect health and safety. (3) A local agency shall not require, as a condition for ministerial approval of a permit application for the creation of an accessory dwelling unit or a junior accessory dwelling unit, the correction of a violation on the primary dwelling unit, provided that correcting the violation is not necessary to protect health and safety. (4) The enforcement agency shall grant an application described in paragraph (2) if the enforcement agency determines that correcting the violation is not necessary to protect health and safety. In making this determination, the enforcement agency shall consult with the entity responsible for enforcement of building standards and other regulations of the State Fire Marshal pursuant to Section 13146. (5) The enforcement agency shall not approve any applications pursuant to this section on or after January 1, 2030. However, any delay that was approved by the enforcement agency before January 1, 2030, shall be valid for the full term of the delay that was approved at the time of the initial approval of the application pursuant to paragraph (4). (b) For purposes of this section, “accessory dwelling unit” has the same meaning as defined in Section 65852.2. (c) This section shall remain in effect only until January 1, 2035, and as of that date is repealed. SEC. 7. Section 2.5 of this bill incorporates amendments to Section 65852.2 of the Government Code proposed by both this bill and Assembly Bill 2221. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2023, (2) each bill amends Section 65852.2 of theMarch 15, 2023 Item #1 Page 47 of 103 12/28/22, 8:59 AM Bill Text - SB-897 Accessory dwelling units: junior accessory dwelling units. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB897 20/20 Government Code, and (3) this bill is enacted after Assembly Bill 2221, in which case Section 2 of this bill shall not become operative. SEC. 8. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code. March 15, 2023 Item #1 Page 48 of 103 12/28/22, 8:58 AM Bill Text - AB-2221 Accessory dwelling units. https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220AB2221 1/15 SHARE THIS:Date Published: 09/29/2022 02:00 PM AB-2221 Accessory dwelling units.(2021-2022) Assembly Bill No. 2221 CHAPTER 650 An act to repeal and amend Section 65852.2 of the Government Code, relating to land use. [ Approved by Governor September 28, 2022. Filed with Secretary of State September 28, 2022. ] LEGISLATIVE COUNSEL'S DIGEST AB 2221, Quirk-Silva. Accessory dwelling units. The Planning and Zoning Law, among other things, provides for the creation of accessory dwelling units by local ordinance, or, if a local agency has not adopted an ordinance, by ministerial approval, in accordance with specified standards and conditions. Existing law requires a local ordinance to require an accessory dwelling unit to be either attached to, or located within, the proposed or existing primary dwelling, as specified, or detached from the proposed or existing primary dwelling and located on the same lot as the proposed or existing primary dwelling. This bill would specify that an accessory dwelling unit that is detached from the proposed or existing primary dwelling may include a detached garage. Existing law requires a permitting agency to act on an application to create an accessory dwelling unit or a junior accessory dwelling unit within specified timeframes. This bill would require a permitting agency to approve or deny an application to serve an accessory dwelling unit or a junior accessory dwelling unit within the same timeframes. If a permitting agency denies an application for an accessory dwelling unit or junior accessory dwelling unit, the bill would require a permitting agency to return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant within the same timeframes. The bill would define “permitting agency” for its purposes. Existing law authorizes a local agency to establish minimum and maximum unit size requirements for attached and detached accessory dwelling units, subject to certain exceptions, including that a local agency is prohibited from establishing limits on lot coverage, floor area ratio, open space, and minimum lot size, that do not permit the construction of at least an 800 square foot accessory dwelling unit, as specified. This bill would additionally prohibit a local agency from establishing limits on front setbacks, as described above. This bill would incorporate additional changes to Section 65852.2 of the Government Code proposed by SB 897 to be operative only if this bill and SB 897 are enacted and this bill is enacted last. Home Bill Information California Law Publications Other Resources My Subscriptions My Favorites March 15, 2023 Item #1 Page 49 of 103 ~~-7 ~IVE INFORMATION 12/28/22, 8:58 AM Bill Text - AB-2221 Accessory dwelling units. https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220AB2221 2/15 By imposing additional duties on local governments in the administration of the development of accessory dwelling units, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. Vote: majority Appropriation: no Fiscal Committee: yes Local Program: yes THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 65852.2 of the Government Code, as amended by Section 1 of Chapter 343 of the Statutes of 2021, is amended to read: 65852.2. (a) (1) A local agency may, by ordinance, provide for the creation of accessory dwelling units in areas zoned to allow single-family or multifamily dwelling residential use. The ordinance shall do all of the following: (A) Designate areas within the jurisdiction of the local agency where accessory dwelling units may be permitted. The designation of areas may be based on the adequacy of water and sewer services and the impact of accessory dwelling units on traffic flow and public safety. A local agency that does not provide water or sewer services shall consult with the local water or sewer service provider regarding the adequacy of water and sewer services before designating an area where accessory dwelling units may be permitted. (B) (i) Impose standards on accessory dwelling units that include, but are not limited to, parking, height, setback, landscape, architectural review, maximum size of a unit, and standards that prevent adverse impacts on any real property that is listed in the California Register of Historical Resources. These standards shall not include requirements on minimum lot size. (ii) Notwithstanding clause (i), a local agency may reduce or eliminate parking requirements for any accessory dwelling unit located within its jurisdiction. (C) Provide that accessory dwelling units do not exceed the allowable density for the lot upon which the accessory dwelling unit is located, and that accessory dwelling units are a residential use that is consistent with the existing general plan and zoning designation for the lot. (D) Require the accessory dwelling units to comply with all of the following: (i) Except as provided in Section 65852.26, the accessory dwelling unit may be rented separate from the primary residence, but may not be sold or otherwise conveyed separate from the primary residence. (ii) The lot is zoned to allow single-family or multifamily dwelling residential use and includes a proposed or existing dwelling. (iii) The accessory dwelling unit is either attached to, or located within, the proposed or existing primary dwelling, including attached garages, storage areas or similar uses, or an accessory structure or detached from the proposed or existing primary dwelling and located on the same lot as the proposed or existing primary dwelling, including detached garages. (iv) If there is an existing primary dwelling, the total floor area of an attached accessory dwelling unit shall not exceed 50 percent of the existing primary dwelling. (v) The total floor area for a detached accessory dwelling unit shall not exceed 1,200 square feet. (vi) No passageway shall be required in conjunction with the construction of an accessory dwelling unit. (vii) No setback shall be required for an existing living area or accessory structure or a structure constructed in the same location and to the same dimensions as an existing structure that is converted to an accessory dwelling unit or to a portion of an accessory dwelling unit, and a setback of no more than four feet from the side and rear lot lines shall be required for an accessory dwelling unit that is not converted from an existing structure or a new structure constructed in the same location and to the same dimensions as an existing structure. (viii) Local building code requirements that apply to detached dwellings, as appropriate. March 15, 2023 Item #1 Page 50 of 103 12/28/22, 8:58 AM Bill Text - AB-2221 Accessory dwelling units. https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220AB2221 3/15 (ix) Approval by the local health officer where a private sewage disposal system is being used, if required. (x) (I) Parking requirements for accessory dwelling units shall not exceed one parking space per accessory dwelling unit or per bedroom, whichever is less. These spaces may be provided as tandem parking on a driveway. (II) 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 feasible based upon specific site or regional topographical or fire and life safety conditions. (III) This clause shall not apply to an accessory dwelling unit that is described in subdivision (d). (xi) When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit or converted to an accessory dwelling unit, the local agency shall not require that those offstreet parking spaces be replaced. (xii) Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary residence. (2) The ordinance shall not be considered in the application of any local ordinance, policy, or program to limit residential growth. (3) (A) A permit application for an accessory dwelling unit or a junior accessory dwelling unit shall be considered and approved ministerially without discretionary review or a hearing, notwithstanding Section 65901 or 65906 or any local ordinance regulating the issuance of variances or special use permits. The permitting agency shall approve or deny an application to create or serve an accessory dwelling unit or a junior accessory dwelling unit within 60 days from the date the permitting agency receives a completed application if there is an existing single-family or multifamily dwelling on the lot. If the permit application to create or serve an accessory dwelling unit or a junior accessory dwelling unit is submitted with a permit application to create or serve a new single-family or multifamily dwelling on the lot, the permitting agency may delay approving or denying the permit application for the accessory dwelling unit or the junior accessory dwelling unit until the permitting agency approves or denies the permit application to create or serve the new single-family or multifamily dwelling, but the application to create or serve the accessory dwelling unit or junior accessory dwelling unit shall be considered without discretionary review or hearing. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay. If the local agency has not approved or denied the completed application within 60 days, the application shall be deemed approved. A local agency may charge a fee to reimburse it for costs incurred to implement this paragraph, including the costs of adopting or amending any ordinance that provides for the creation or service of an accessory dwelling unit. (B) If a permitting agency denies an application for an accessory dwelling unit or junior accessory dwelling unit pursuant to subparagraph (A), the permitting agency shall, within the time period described in subparagraph (A), return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant. (4) An existing ordinance governing the creation of an accessory dwelling unit by a local agency or an accessory dwelling ordinance adopted by a local agency shall provide an approval process that includes only ministerial provisions for the approval of accessory dwelling units and shall not include any discretionary processes, provisions, or requirements for those units, except as otherwise provided in this subdivision. If a local agency has an existing accessory dwelling unit ordinance that fails to meet the requirements of this subdivision, that ordinance shall be null and void and that agency shall thereafter apply the standards established in this subdivision for the approval of accessory dwelling units, unless and until the agency adopts an ordinance that complies with this section. (5) No other local ordinance, policy, or regulation shall be the basis for the delay or denial of a building permit or a use permit under this subdivision. (6) A local agency may amend its zoning ordinance or general plan to incorporate the policies, procedures, or other provisions applicable to the creation of an accessory dwelling unit if these provisions are consistent with the limitations of this subdivision. March 15, 2023 Item #1 Page 51 of 103 12/28/22, 8:58 AM Bill Text - AB-2221 Accessory dwelling units. https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220AB2221 4/15 (7) An accessory dwelling unit that conforms to this subdivision shall be deemed to be an accessory use or an accessory building and shall not be considered to exceed the allowable density for the lot upon which it is located, and shall be deemed to be a residential use that is consistent with the existing general plan and zoning designations for the lot. The accessory dwelling unit shall not be considered in the application of any local ordinance, policy, or program to limit residential growth. (8) (A) This subdivision establishes the maximum standards that local agencies shall use to evaluate a proposed accessory dwelling unit on a lot that includes a proposed or existing single-family dwelling. No additional standards, other than those provided in this subdivision, shall be used or imposed, except that, subject to subparagraphs (B) and (C), a local agency may require an applicant for a permit issued pursuant to this subdivision to be an owner-occupant. (B) (i) Notwithstanding subparagraph (A), a local agency shall not impose an owner-occupant requirement on an accessory dwelling unit before January 1, 2025. (ii) Notwithstanding subparagraph (A), a local agency shall not impose an owner-occupant requirement on an accessory dwelling unit that was permitted between January 1, 2020, and January 1, 2025. (C) Notwithstanding subparagraphs (A) and (B), a local agency may require that an accessory dwelling unit be used for rentals of terms longer than 30 days. (b) (1) When a local agency that has not adopted an ordinance governing accessory dwelling units in accordance with subdivision (a) receives an application for a permit to create or serve an accessory dwelling unit pursuant to this subdivision, the local agency shall approve or disapprove the application ministerially without discretionary review pursuant to subdivision (a). The permitting agency shall either approve or deny the application to create an accessory dwelling unit or a junior accessory dwelling unit within 60 days from the date the permitting agency receives a completed application if there is an existing single-family or multifamily dwelling on the lot. If the permit application to create or serve an accessory dwelling unit or a junior accessory dwelling unit is submitted with a permit application to create a new single-family or multifamily dwelling on the lot, the permitting agency may delay approving or denying the permit application for the accessory dwelling unit or the junior accessory dwelling unit until the permitting agency approves or denies the permit application to create or serve the new single-family or multifamily dwelling, but the application to create or serve the accessory dwelling unit or junior accessory dwelling unit shall still be considered ministerially without discretionary review or a hearing. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay. If the local agency has not approved or denied the completed application within 60 days, the application shall be deemed approved. (2) If a permitting agency denies an application for an accessory dwelling unit or junior accessory dwelling unit pursuant to paragraph (1), the permitting agency shall, within the time period described in subparagraph (1), return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant. (c) (1) Subject to paragraph (2), a local agency may establish minimum and maximum unit size requirements for both attached and detached accessory dwelling units. (2) Notwithstanding paragraph (1), a local agency shall not establish by ordinance any of the following: (A) A minimum square footage requirement for either an attached or detached accessory dwelling unit that prohibits an efficiency unit. (B) A maximum square footage requirement for either an attached or detached accessory dwelling unit that is less than either of the following: (i) 850 square feet. (ii) 1,000 square feet for an accessory dwelling unit that provides more than one bedroom. (C) Any other minimum or maximum size for an accessory dwelling unit, size based upon a percentage of the proposed or existing primary dwelling, or limits on lot coverage, floor area ratio, open space, front setbacks, and minimum lot size, for either attached or detached dwellings that does not permit at least an 800 square foot accessory dwelling unit that is at least 16 feet in height with four-foot side and rear yard setbacks to be constructed in compliance with all other local development standards. (d) Notwithstanding any other law, a local agency, whether or not it has adopted an ordinance governing accessory dwelling units in accordance with subdivision (a), shall not impose parking standards for an accessoryMarch 15, 2023 Item #1 Page 52 of 103 12/28/22, 8:58 AM Bill Text - AB-2221 Accessory dwelling units. https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220AB2221 5/15 dwelling unit in any of the following instances: (1) The accessory dwelling unit is located within one-half mile walking distance of public transit. (2) The accessory dwelling unit is located within an architecturally and historically significant historic district. (3) The accessory dwelling unit is part of the proposed or existing primary residence or an accessory structure. (4) When onstreet parking permits are required but not offered to the occupant of the accessory dwelling unit. (5) When there is a car share vehicle located within one block of the accessory dwelling unit. (e) (1) Notwithstanding subdivisions (a) to (d), inclusive, a local agency shall ministerially approve an application for a building permit within a residential or mixed-use zone to create any of the following: (A) One accessory dwelling unit and one junior accessory dwelling unit per lot with a proposed or existing single-family dwelling if all of the following apply: (i) The accessory dwelling unit or junior accessory dwelling unit is within the proposed space of a single- family dwelling or existing space of a single-family dwelling or accessory structure and may include an expansion of not more than 150 square feet beyond the same physical dimensions as the existing accessory structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress. (ii) The space has exterior access from the proposed or existing single-family dwelling. (iii) The side and rear setbacks are sufficient for fire and safety. (iv) The junior accessory dwelling unit complies with the requirements of Section 65852.22. (B) One detached, new construction, accessory dwelling unit that does not exceed four-foot side and rear yard setbacks for a lot with a proposed or existing single-family dwelling. The accessory dwelling unit may be combined with a junior accessory dwelling unit described in subparagraph (A). A local agency may impose the following conditions on the accessory dwelling unit: (i) A total floor area limitation of not more than 800 square feet. (ii) A height limitation of 16 feet. (C) (i) Multiple accessory dwelling units within the portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings. (ii) A local agency shall allow at least one accessory dwelling unit within an existing multifamily dwelling and shall allow up to 25 percent of the existing multifamily dwelling units. (D) Not more than two accessory dwelling units that are located on a lot that has an existing multifamily dwelling, but are detached from that multifamily dwelling and are subject to a height limit of 16 feet and four-foot rear yard and side setbacks. (2) A local agency shall not require, as a condition for ministerial approval of a permit application for the creation of an accessory dwelling unit or a junior accessory dwelling unit, the correction of nonconforming zoning conditions. (3) The installation of fire sprinklers shall not be required in an accessory dwelling unit if sprinklers are not required for the primary residence. (4) A local agency may require owner-occupancy for either the primary dwelling or the accessory dwelling unit on a single-family lot, subject to the requirements of paragraph (8) of subdivision (a). (5) A local agency shall require that a rental of the accessory dwelling unit created pursuant to this subdivision be for a term longer than 30 days. (6) A local agency may require, as part of the application for a permit to create an accessory dwelling unit connected to an onsite wastewater treatment system, a percolation test completed within the last five years, or, if the percolation test has been recertified, within the last 10 years. March 15, 2023 Item #1 Page 53 of 103 12/28/22, 8:58 AM Bill Text - AB-2221 Accessory dwelling units. https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220AB2221 6/15 (7) Notwithstanding subdivision (c) and paragraph (1) a local agency that has adopted an ordinance by July 1, 2018, providing for the approval of accessory dwelling units in multifamily dwelling structures shall18 ministerially consider a permit application to construct an accessory dwelling unit that is described in paragraph (1), and may impose standards including, but not limited to, design, development, and historic standards on said accessory dwelling units. These standards shall not include requirements on minimum lot size. (f) (1) Fees charged for the construction of accessory dwelling units shall be determined in accordance with Chapter 5 (commencing with Section 66000) and Chapter 7 (commencing with Section 66012). (2) An accessory dwelling unit shall not be considered by a local agency, special district, or water corporation to be a new residential use for purposes of calculating connection fees or capacity charges for utilities, including water and sewer service, unless the accessory dwelling unit was constructed with a new single-family dwelling. (3) (A) A local agency, special district, or water corporation shall not impose any impact fee upon the development of an accessory dwelling unit less than 750 square feet. Any impact fees charged for an accessory dwelling unit of 750 square feet or more shall be charged proportionately in relation to the square footage of the primary dwelling unit. (B) For purposes of this paragraph, “impact fee” has the same meaning as the term “fee” is defined in subdivision (b) of Section 66000, except that it also includes fees specified in Section 66477. “Impact fee” does not include any connection fee or capacity charge charged by a local agency, special district, or water corporation. (4) For an accessory dwelling unit described in subparagraph (A) of paragraph (1) of subdivision (e), a local agency, special district, or water corporation shall not require the applicant to install a new or separate utility connection directly between the accessory dwelling unit and the utility or impose a related connection fee or capacity charge, unless the accessory dwelling unit was constructed with a new single-family dwelling. (5) For an accessory dwelling unit that is not described in subparagraph (A) of paragraph (1) of subdivision (e), a local agency, special district, or water corporation may require a new or separate utility connection directly between the accessory dwelling unit and the utility. Consistent with Section 66013, the connection may be subject to a connection fee or capacity charge that shall be proportionate to the burden of the proposed accessory dwelling unit, based upon either its square feet or the number of its drainage fixture unit (DFU) values, as defined in the Uniform Plumbing Code adopted and published by the International Association of Plumbing and Mechanical Officials, upon the water or sewer system. This fee or charge shall not exceed the reasonable cost of providing this service. (g) This section shall supersede a conflicting local ordinance. This section does not limit the authority of local agencies to adopt less restrictive requirements for the creation of an accessory dwelling unit. (h) (1) A local agency shall submit a copy of the ordinance adopted pursuant to subdivision (a) to the Department of Housing and Community Development within 60 days after adoption. After adoption of an ordinance, the department may submit written findings to the local agency as to whether the ordinance complies with this section. (2) (A) If the department finds that the local agency’s ordinance does not comply with this section, the department shall notify the local agency and shall provide the local agency with a reasonable time, no longer than 30 days, to respond to the findings before taking any other action authorized by this section. (B) The local agency shall consider the findings made by the department pursuant to subparagraph (A) and shall do one of the following: (i) Amend the ordinance to comply with this section. (ii) Adopt the ordinance without changes. The local agency shall include findings in its resolution adopting the ordinance that explain the reasons the local agency believes that the ordinance complies with this section despite the findings of the department. (3) (A) If the local agency does not amend its ordinance in response to the department’s findings or does not adopt a resolution with findings explaining the reason the ordinance complies with this section and addressing the department’s findings, the department shall notify the local agency and may notify the Attorney General that the local agency is in violation of state law.March 15, 2023 Item #1 Page 54 of 103 12/28/22, 8:58 AM Bill Text - AB-2221 Accessory dwelling units. https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220AB2221 7/15 (B) Before notifying the Attorney General that the local agency is in violation of state law, the department may consider whether a local agency adopted an ordinance in compliance with this section between January 1, 2017, and January 1, 2020. (i) The department may review, adopt, amend, or repeal guidelines to implement uniform standards or criteria that supplement or clarify the terms, references, and standards set forth in this section. The guidelines adopted pursuant to this subdivision are not subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2. (j) As used in this section, the following terms mean: (1) “Accessory dwelling unit” means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. An accessory dwelling unit also includes the following: (A) An efficiency unit. (B) A manufactured home, as defined in Section 18007 of the Health and Safety Code.18 (2) “Accessory structure” means a structure that is accessory and incidental to a dwelling located on the same lot. (3) “Efficiency unit” has the same meaning as defined in Section 17958.1 of the Health and Safety Code. (4) “Living area” means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure. (5) “Local agency” means a city, county, or city and county, whether general law or chartered. (6) “Nonconforming zoning condition” means a physical improvement on a property that does not conform with current zoning standards. (7) “Passageway” means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit. (8) “Proposed dwelling” means a dwelling that is the subject of a permit application and that meets the requirements for permitting. (9) “Public transit” means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public. (10) “Tandem parking” means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another. (11) “Permitting agency” means any entity that is involved in the review of a permit for an accessory dwelling unit or junior accessory dwelling unit and for which there is no substitute, including, but not limited to, applicable planning departments, building departments, utilities, and special districts. (k) A local agency shall not issue a certificate of occupancy for an accessory dwelling unit before the local agency issues a certificate of occupancy for the primary dwelling. (l) Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code), except that the local government shall not be required to hold public hearings for coastal development permit applications for accessory dwelling units. (m) A local agency may count an accessory dwelling unit for purposes of identifying adequate sites for housing, as specified in subdivision (a) of Section 65583.1, subject to authorization by the department and compliance with this division. (n) In enforcing building standards pursuant to Article 1 (commencing with Section 17960) of Chapter 5 of Part 1.5 of Division 13 of the Health and Safety Code for an accessory dwelling unit described in paragraph (1) or (2), March 15, 2023 Item #1 Page 55 of 103 12/28/22, 8:58 AM Bill Text - AB-2221 Accessory dwelling units. https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220AB2221 8/15 a local agency, upon request of an owner of an accessory dwelling unit for a delay in enforcement, shall delay enforcement of a building standard, subject to compliance with Section 17980.12 of the Health and Safety Code: (1) The accessory dwelling unit was built before January 1, 2020. (2) The accessory dwelling unit was built on or after January 1, 2020, in a local jurisdiction that, at the time the accessory dwelling unit was built, had a noncompliant accessory dwelling unit ordinance, but the ordinance is compliant at the time the request is made. SEC. 1.5. Section 65852.2 of the Government Code, as amended by Section 1 of Chapter 343 of the Statutes of 2021, is amended to read: 65852.2. (a) (1) A local agency may, by ordinance, provide for the creation of accessory dwelling units in areas zoned to allow single-family or multifamily dwelling residential use. The ordinance shall do all of the following: (A) Designate areas within the jurisdiction of the local agency where accessory dwelling units may be permitted. The designation of areas may be based on the adequacy of water and sewer services and the impact of accessory dwelling units on traffic flow and public safety. A local agency that does not provide water or sewer services shall consult with the local water or sewer service provider regarding the adequacy of water and sewer services before designating an area where accessory dwelling units may be permitted. (B) (i) Impose objective standards on accessory dwelling units that include, but are not limited to, parking, height, setback, landscape, architectural review, maximum size of a unit, and standards that prevent adverse impacts on any real property that is listed in the California Register of Historical Resources. These standards shall not include requirements on minimum lot size. (ii) Notwithstanding clause (i), a local agency may reduce or eliminate parking requirements for any accessory dwelling unit located within its jurisdiction. (C) Provide that accessory dwelling units do not exceed the allowable density for the lot upon which the accessory dwelling unit is located, and that accessory dwelling units are a residential use that is consistent with the existing general plan and zoning designation for the lot. (D) Require the accessory dwelling units to comply with all of the following: (i) Except as provided in Section 65852.26, the accessory dwelling unit may be rented separate from the primary residence, but may not be sold or otherwise conveyed separate from the primary residence. (ii) The lot is zoned to allow single-family or multifamily dwelling residential use and includes a proposed or existing dwelling. (iii) The accessory dwelling unit is either attached to, or located within, the proposed or existing primary dwelling, including attached garages, storage areas or similar uses, or an accessory structure or detached from the proposed or existing primary dwelling and located on the same lot as the proposed or existing primary dwelling, including detached garages. (iv) If there is an existing primary dwelling, the total floor area of an attached accessory dwelling unit shall not exceed 50 percent of the existing primary dwelling. (v) The total floor area for a detached accessory dwelling unit shall not exceed 1,200 square feet. (vi) No passageway shall be required in conjunction with the construction of an accessory dwelling unit. (vii) No setback shall be required for an existing living area or accessory structure or a structure constructed in the same location and to the same dimensions as an existing structure that is converted to an accessory dwelling unit or to a portion of an accessory dwelling unit, and a setback of no more than four feet from the side and rear lot lines shall be required for an accessory dwelling unit that is not converted from an existing structure or a new structure constructed in the same location and to the same dimensions as an existing structure. (viii) Local building code requirements that apply to detached dwellings, except that the construction of an accessory dwelling unit shall not constitute a Group R occupancy change under the local building code, as described in Section 310 of the California Building Code (Title 24 of the California Code of Regulations), unless the building official or enforcement agency of the local agency makes a writtenMarch 15, 2023 Item #1 Page 56 of 103 12/28/22, 8:58 AM Bill Text - AB-2221 Accessory dwelling units. https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220AB2221 9/15 finding based on substantial evidence in the record that the construction of the accessory dwelling unit could have a specific, adverse impact on public health and safety. Nothing in this clause shall be interpreted to prevent a local agency from changing the occupancy code of a space that was unhabitable space or was only permitted for nonresidential use and was subsequently converted for residential use pursuant to this section. (ix) Approval by the local health officer where a private sewage disposal system is being used, if required. (x) (I) Parking requirements for accessory dwelling units shall not exceed one parking space per accessory dwelling unit or per bedroom, whichever is less. These spaces may be provided as tandem parking on a driveway. (II) 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 feasible based upon specific site or regional topographical or fire and life safety conditions. (III) This clause shall not apply to an accessory dwelling unit that is described in subdivision (d). (xi) When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit or converted to an accessory dwelling unit, the local agency shall not require that those offstreet parking spaces be replaced. (xii) Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary residence. The construction of an accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling. (2) The ordinance shall not be considered in the application of any local ordinance, policy, or program to limit residential growth. (3) (A) A permit application for an accessory dwelling unit or a junior accessory dwelling unit shall be considered and approved ministerially without discretionary review or a hearing, notwithstanding Section 65901 or 65906 or any local ordinance regulating the issuance of variances or special use permits. The permitting agency shall either approve or deny the application to create or serve an accessory dwelling unit or a junior accessory dwelling unit within 60 days from the date the permitting agency receives a completed application if there is an existing single-family or multifamily dwelling on the lot. If the permit application to create or serve an accessory dwelling unit or a junior accessory dwelling unit is submitted with a permit application to create a new single-family or multifamily dwelling on the lot, the permitting agency may delay approving or denying the permit application for the accessory dwelling unit or the junior accessory dwelling unit until the permitting agency approves or denies the permit application to create the new single-family or multifamily dwelling, but the application to create or serve the accessory dwelling unit or junior accessory dwelling unit shall be considered without discretionary review or hearing. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay. If the local agency has not approved or denied the completed application within 60 days, the application shall be deemed approved. A local agency may charge a fee to reimburse it for costs incurred to implement this paragraph, including the costs of adopting or amending any ordinance that provides for the creation of an accessory dwelling unit. (B) If a permitting agency denies an application for an accessory dwelling unit or junior accessory dwelling unit pursuant to subparagraph (A), the permitting agency shall, within the time period described in subparagraph (A), return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant. (4) The ordinance shall require that a demolition permit for a detached garage that is to be replaced with an accessory dwelling unit be reviewed with the application for the accessory dwelling unit and issued at the same time. (5) The ordinance shall not require, and the applicant shall not be otherwise required, to provide written notice or post a placard for the demolition of a detached garage that is to be replaced with an accessory dwelling unit, unless the property is located within an architecturally and historically significant historic district. (6) An existing ordinance governing the creation of an accessory dwelling unit by a local agency or an accessory dwelling ordinance adopted by a local agency shall provide an approval process that includes onlyMarch 15, 2023 Item #1 Page 57 of 103 12/28/22, 8:58 AM Bill Text - AB-2221 Accessory dwelling units. https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220AB2221 10/15 ministerial provisions for the approval of accessory dwelling units and shall not include any discretionary processes, provisions, or requirements for those units, except as otherwise provided in this subdivision. If a local agency has an existing accessory dwelling unit ordinance that fails to meet the requirements of this subdivision, that ordinance shall be null and void and that agency shall thereafter apply the standards established in this subdivision for the approval of accessory dwelling units, unless and until the agency adopts an ordinance that complies with this section. (7) No other local ordinance, policy, or regulation shall be the basis for the delay or denial of a building permit or a use permit under this subdivision. (8) (A) This subdivision establishes the maximum standards that local agencies shall use to evaluate a proposed accessory dwelling unit on a lot that includes a proposed or existing single-family dwelling. No additional standards, other than those provided in this subdivision, shall be used or imposed, except that, subject to subparagraphs (B) and (C), a local agency may require an applicant for a permit issued pursuant to this subdivision to be an owner-occupant. (B) (i) Notwithstanding subparagraph (A), a local agency shall not impose an owner-occupant requirement on an accessory dwelling unit before January 1, 2025. (ii) Notwithstanding subparagraph (A), a local agency shall not impose an owner-occupant requirement on an accessory dwelling unit that was permitted between January 1, 2020, and January 1, 2025. (C) Notwithstanding subparagraphs (A) and (B), a local agency may require that an accessory dwelling unit be used for rentals of terms longer than 30 days. (9) A local agency may amend its zoning ordinance or general plan to incorporate the policies, procedures, or other provisions applicable to the creation of an accessory dwelling unit if these provisions are consistent with the limitations of this subdivision. (10) An accessory dwelling unit that conforms to this subdivision shall be deemed to be an accessory use or an accessory building and shall not be considered to exceed the allowable density for the lot upon which it is located, and shall be deemed to be a residential use that is consistent with the existing general plan and zoning designations for the lot. The accessory dwelling unit shall not be considered in the application of any local ordinance, policy, or program to limit residential growth. (b) (1) When a local agency that has not adopted an ordinance governing accessory dwelling units in accordance with subdivision (a) receives an application for a permit to create or serve an accessory dwelling unit pursuant to this subdivision, the local agency shall approve or disapprove the application ministerially without discretionary review pursuant to subdivision (a). The permitting agency shall either approve or deny the application to create or serve an accessory dwelling unit or a junior accessory dwelling unit within 60 days from the date the permitting agency receives a completed application if there is an existing single-family or multifamily dwelling on the lot. If the permit application to create or serve an accessory dwelling unit or a junior accessory dwelling unit is submitted with a permit application to create or serve a new single-family or multi-family dwelling on the lot, the permitting agency may delay approving or denying the permit application for the accessory dwelling unit or the junior accessory dwelling unit until the permitting agency approves or denies the permit application to create or serve the new single-family or multifamily dwelling, but the application to create or serve the accessory dwelling unit or junior accessory dwelling unit shall still be considered ministerially without discretionary review or a hearing. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay. If the local agency has not approved or denied the completed application within 60 days, the application shall be deemed approved. (2) If a permitting agency denies an application for an accessory dwelling unit or junior accessory dwelling unit pursuant to paragraph (1), the permitting agency shall, within the time period described in subparagraph (1), return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant. (c) (1) Subject to paragraph (2), a local agency may establish minimum and maximum unit size requirements for both attached and detached accessory dwelling units. (2) Notwithstanding paragraph (1), a local agency shall not establish by ordinance any of the following: (A) A minimum square footage requirement for either an attached or detached accessory dwelling unit that prohibits an efficiency unit.March 15, 2023 Item #1 Page 58 of 103 12/28/22, 8:58 AM Bill Text - AB-2221 Accessory dwelling units. https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220AB2221 11/15 (B) A maximum square footage requirement for either an attached or detached accessory dwelling unit that is less than either of the following: (i) 850 square feet. (ii) 1,000 square feet for an accessory dwelling unit that provides more than one bedroom. (C) Any requirement for a zoning clearance or separate zoning review or any other minimum or maximum size for an accessory dwelling unit, size based upon a percentage of the proposed or existing primary dwelling, or limits on lot coverage, floor area ratio, open space, front setbacks, and minimum lot size, for either attached or detached dwellings that does not permit at least an 800 square foot accessory dwelling unit with four-foot side and rear yard setbacks to be constructed in compliance with all other local development standards. (D) Any height limitation that does not allow at least the following, as applicable: (i) A height of 16 feet for a detached accessory dwelling unit on a lot with an existing or proposed single family or multifamily dwelling unit. (ii) A height of 18 feet for a detached accessory dwelling unit on a lot with an existing or proposed single18 family or multifamily dwelling unit that is within one-half of one mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code. A local agency shall also allow an additional two feet in height to accommodate a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the primary dwelling unit. (iii) A height of 18 feet for a detached accessory dwelling unit on a lot with an existing or proposed18 multifamily, multistory dwelling. (iv) A height of 25 feet or the height limitation in the local zoning ordinance that applies to the primary dwelling, whichever is lower, for an accessory dwelling unit that is attached to a primary dwelling. This clause shall not require a local agency to allow an accessory dwelling unit to exceed two stories. (d) Notwithstanding any other law, and whether or not the local agency has adopted an ordinance governing accessory dwelling units in accordance with subdivision (a), all of the following shall apply: (1) The local agency shall not impose any parking standards for an accessory dwelling unit in any of the following instances: (A) Where the accessory dwelling unit is located within one-half mile walking distance of public transit. (B) Where the accessory dwelling unit is located within an architecturally and historically significant historic district. (C) Where the accessory dwelling unit is part of the proposed or existing primary residence or an accessory structure. (D) When onstreet parking permits are required but not offered to the occupant of the accessory dwelling unit. (E) When there is a car share vehicle located within one block of the accessory dwelling unit. (F) When a permit application for an accessory dwelling unit is submitted with a permit application to create a new single-family dwelling or a new multifamily dwelling on the same lot, provided that the accessory dwelling unit or the parcel satisfies any other criteria listed in this paragraph. (2) The local agency shall not deny an application for a permit to create an accessory dwelling unit due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the accessory dwelling unit. (e) (1) Notwithstanding subdivisions (a) to (d), inclusive, a local agency shall ministerially approve an application for a building permit within a residential or mixed-use zone to create any of the following: (A) One accessory dwelling unit and one junior accessory dwelling unit per lot with a proposed or existing single-family dwelling if all of the following apply: March 15, 2023 Item #1 Page 59 of 103 12/28/22, 8:58 AM Bill Text - AB-2221 Accessory dwelling units. https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220AB2221 12/15 (i) The accessory dwelling unit or junior accessory dwelling unit is within the proposed space of a single- family dwelling or existing space of a single-family dwelling or accessory structure and may include an expansion of not more than 150 square feet beyond the same physical dimensions as the existing accessory structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress. (ii) The space has exterior access from the proposed or existing single-family dwelling. (iii) The side and rear setbacks are sufficient for fire and safety. (iv) The junior accessory dwelling unit complies with the requirements of Section 65852.22. (B) One detached, new construction, accessory dwelling unit that does not exceed four-foot side and rear yard setbacks for a lot with a proposed or existing single-family dwelling. The accessory dwelling unit may be combined with a junior accessory dwelling unit described in subparagraph (A). A local agency may impose the following conditions on the accessory dwelling unit: (i) A total floor area limitation of not more than 800 square feet. (ii) A height limitation as provided in clause (i), (ii), or (iii) as applicable, of subparagraph (D) of paragraph (2) of subdivision (c). (C) (i) Multiple accessory dwelling units within the portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings. (ii) A local agency shall allow at least one accessory dwelling unit within an existing multifamily dwelling and shall allow up to 25 percent of the existing multifamily dwelling units. (D) (i) Not more than two accessory dwelling units that are located on a lot that has an existing or proposed multifamily dwelling, but are detached from that multifamily dwelling and are subject to a height limitation in clause (i), (ii), or (iii), as applicable, of subparagraph (D) of paragraph (2) of subdivision (c) and rear yard and side setbacks of no more than four feet. (ii) If the existing multifamily dwelling has a rear or side setback of less than four feet, the local agency shall not require any modification of the existing multifamily dwelling as a condition of approving the application to construct an accessory dwelling unit that satisfies the requirements of this subparagraph. (2) A local agency shall not require, as a condition for ministerial approval of a permit application for the creation of an accessory dwelling unit or a junior accessory dwelling unit, the correction of nonconforming zoning conditions. (3) The installation of fire sprinklers shall not be required in an accessory dwelling unit if sprinklers are not required for the primary residence. The construction of an accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in the existing multifamily dwelling. (4) A local agency may require owner-occupancy for either the primary dwelling or the accessory dwelling unit on a single-family lot, subject to the requirements of paragraph (8) of subdivision (a). (5) A local agency shall require that a rental of the accessory dwelling unit created pursuant to this subdivision be for a term longer than 30 days. (6) A local agency may require, as part of the application for a permit to create an accessory dwelling unit connected to an onsite wastewater treatment system, a percolation test completed within the last five years, or, if the percolation test has been recertified, within the last 10 years. (7) Notwithstanding subdivision (c) and paragraph (1) a local agency that has adopted an ordinance by July 1, 2018, providing for the approval of accessory dwelling units in multifamily dwelling structures shall18 ministerially consider a permit application to construct an accessory dwelling unit that is described in paragraph (1), and may impose objective standards including, but not limited to, design, development, and historic standards on said accessory dwelling units. These standards shall not include requirements on minimum lot size. (f) (1) Fees charged for the construction of accessory dwelling units shall be determined in accordance with Chapter 5 (commencing with Section 66000) and Chapter 7 (commencing with Section 66012).March 15, 2023 Item #1 Page 60 of 103 12/28/22, 8:58 AM Bill Text - AB-2221 Accessory dwelling units. https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220AB2221 13/15 (2) An accessory dwelling unit shall not be considered by a local agency, special district, or water corporation to be a new residential use for purposes of calculating connection fees or capacity charges for utilities, including water and sewer service, unless the accessory dwelling unit was constructed with a new single-family dwelling. (3) (A) A local agency, special district, or water corporation shall not impose any impact fee upon the development of an accessory dwelling unit less than 750 square feet. Any impact fees charged for an accessory dwelling unit of 750 square feet or more shall be charged proportionately in relation to the square footage of the primary dwelling unit. (B) For purposes of this paragraph, “impact fee” has the same meaning as the term “fee” is defined in subdivision (b) of Section 66000, except that it also includes fees specified in Section 66477. “Impact fee” does not include any connection fee or capacity charge charged by a local agency, special district, or water corporation. (4) For an accessory dwelling unit described in subparagraph (A) of paragraph (1) of subdivision (e), a local agency, special district, or water corporation shall not require the applicant to install a new or separate utility connection directly between the accessory dwelling unit and the utility or impose a related connection fee or capacity charge, unless the accessory dwelling unit was constructed with a new single-family dwelling. (5) For an accessory dwelling unit that is not described in subparagraph (A) of paragraph (1) of subdivision (e), a local agency, special district, or water corporation may require a new or separate utility connection directly between the accessory dwelling unit and the utility. Consistent with Section 66013, the connection may be subject to a connection fee or capacity charge that shall be proportionate to the burden of the proposed accessory dwelling unit, based upon either its square feet or the number of its drainage fixture unit (DFU) values, as defined in the Uniform Plumbing Code adopted and published by the International Association of Plumbing and Mechanical Officials, upon the water or sewer system. This fee or charge shall not exceed the reasonable cost of providing this service. (g) This section shall supersede a conflicting local ordinance. This section does not limit the authority of local agencies to adopt less restrictive requirements for the creation of an accessory dwelling unit. (h) (1) A local agency shall submit a copy of the ordinance adopted pursuant to subdivision (a) to the Department of Housing and Community Development within 60 days after adoption. After adoption of an ordinance, the department may submit written findings to the local agency as to whether the ordinance complies with this section. (2) (A) If the department finds that the local agency’s ordinance does not comply with this section, the department shall notify the local agency and shall provide the local agency with a reasonable time, no longer than 30 days, to respond to the findings before taking any other action authorized by this section. (B) The local agency shall consider the findings made by the department pursuant to subparagraph (A) and shall do one of the following: (i) Amend the ordinance to comply with this section. (ii) Adopt the ordinance without changes. The local agency shall include findings in its resolution adopting the ordinance that explain the reasons the local agency believes that the ordinance complies with this section despite the findings of the department. (3) (A) If the local agency does not amend its ordinance in response to the department’s findings or does not adopt a resolution with findings explaining the reason the ordinance complies with this section and addressing the department’s findings, the department shall notify the local agency and may notify the Attorney General that the local agency is in violation of state law. (B) Before notifying the Attorney General that the local agency is in violation of state law, the department may consider whether a local agency adopted an ordinance in compliance with this section between January 1, 2017, and January 1, 2020. (i) The department may review, adopt, amend, or repeal guidelines to implement uniform standards or criteria that supplement or clarify the terms, references, and standards set forth in this section. The guidelines adopted pursuant to this subdivision are not subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2. March 15, 2023 Item #1 Page 61 of 103 12/28/22, 8:58 AM Bill Text - AB-2221 Accessory dwelling units. https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220AB2221 14/15 (j) As used in this section, the following terms mean: (1) “Accessory dwelling unit” means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. An accessory dwelling unit also includes the following: (A) An efficiency unit. (B) A manufactured home, as defined in Section 18007 of the Health and Safety Code.18 (2) “Accessory structure” means a structure that is accessory and incidental to a dwelling located on the same lot. (3) “Efficiency unit” has the same meaning as defined in Section 17958.1 of the Health and Safety Code. (4) “Living area” means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure. (5) “Local agency” means a city, county, or city and county, whether general law or chartered. (6) “Nonconforming zoning condition” means a physical improvement on a property that does not conform with current zoning standards. (7) “Objective standards” means standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal. (8) “Passageway” means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit. (9) “Permitting agency” means any entity that is involved in the review of a permit for an accessory dwelling unit or junior accessory dwelling unit and for which there is no substitute, including, but not limited to, applicable planning departments, building departments, utilities, and special districts. (10) “Proposed dwelling” means a dwelling that is the subject of a permit application and that meets the requirements for permitting. (11) “Public transit” means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public. (12) “Tandem parking” means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another. (k) A local agency shall not issue a certificate of occupancy for an accessory dwelling unit before the local agency issues a certificate of occupancy for the primary dwelling. (l) Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code), except that the local government shall not be required to hold public hearings for coastal development permit applications for accessory dwelling units. (m) A local agency may count an accessory dwelling unit for purposes of identifying adequate sites for housing, as specified in subdivision (a) of Section 65583.1, subject to authorization by the department and compliance with this division. (n) In enforcing building standards pursuant to Article 1 (commencing with Section 17960) of Chapter 5 of Part 1.5 of Division 13 of the Health and Safety Code for an accessory dwelling unit described in paragraph (1) or (2), a local agency, upon request of an owner of an accessory dwelling unit for a delay in enforcement, shall delay enforcement of a building standard, subject to compliance with Section 17980.12 of the Health and Safety Code: (1) The accessory dwelling unit was built before January 1, 2020. March 15, 2023 Item #1 Page 62 of 103 12/28/22, 8:58 AM Bill Text - AB-2221 Accessory dwelling units. https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220AB2221 15/15 (2) The accessory dwelling unit was built on or after January 1, 2020, in a local jurisdiction that, at the time the accessory dwelling unit was built, had a noncompliant accessory dwelling unit ordinance, but the ordinance is compliant at the time the request is made. SEC. 2. Section 65852.2 of the Government Code, as amended by Section 2 of Chapter 343 of the Statutes of 2021, is repealed. SEC. 3. Section 1.5 of this bill incorporates amendments to Section 65852.2 of the Government Code proposed by both this bill and Senate Bill 897. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2023, (2) each bill amends Section 65852.2 of the Government Code, and (3) this bill is enacted after Senate Bill 897, in which case Section 1 of this bill shall not become operative. SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code. March 15, 2023 Item #1 Page 63 of 103 Accessory Dwelling Units  Over the past decade, the state legislature has made  several modifications to Gov. Code §65852.2,  progressively making it easier and less expensive for  property owners to build accessory dwelling units,  often called ADUs.   IB‐111  Documents Referenced  State law; §65852.2 & §65852.150  HCD; ADU Handbook  HCD; ADU Website  This Info‐Bulletin outlines the city’s development  requirements for new ADU construction that is  consistent with state law, as of January 2023.  Considering the constantly evolving laws affecting  ADUs, the CA Department of Housing and Community  Development (HCD) publishes a useful ADU Handbook  that provides information on the most recent and  relevant changes to ADU laws. HCD’s resource guide  should be used as a supplement to this Info‐Bulletin.  BACKGROUND  The state faces a serious housing problem that not only  threatens its economic security, also the lack of access  to affordable housing can have a direct impact upon  the health, safety, diversity, and welfare of Carlsbad  residents.  To retain a healthy livable environment and meet state  mandated housing goals, more needs to be done to  accommodate locally available and affordable housing  stock. This will require implementing multiple housing  programs to meet housing demands.  Pursuant to Govt. Code §65852.150, the state  legislature found and declared that ADUs are an  essential component of the state’s housing supply and  provide an alternative option to traditional market‐rate  home construction. ADUs can be integrated into  existing or proposed homes in a variety of ways,  including converting a portion of an existing house,  Health & Safety Code; §18010 & §18009.3  Carlsbad Municipal Code; §21.10.030  Building Permit Submittal Requirements; B‐5  California Coastal Zone; Map  ADU Parking Replacement Areas; Map   Carlsbad Village & Poinsettia Station   One‐Half Mile Radius; Maps  Minor Coastal Development Permit; P‐6  Assembly Bill 2221 Accessory Dwelling Units; AB 2221  adding to the existing house, converting an existing  garage, storage area, studio or other accessory  building, or constructing a new detached structure.  Development of ADUs offer many benefits, a few of  which are reflected below.  Low Cost to Build  ADUs require no public subsidy and cost anywhere  from $10,000 for a simple bedroom conversion to  $300,000 for a higher‐end companion unit.  Provides Income to Homeowners  ADUs help create a new income stream for property  owners, which can help supplement mortgage costs on  the main home.  Environmentally Friendly  ADUs have a low‐carbon footprint, using less water,  electricity, and construction materials. A detached ADU  can save 26,000 pounds of CO2 emissions a year  compared to a single‐family dwelling.  Flexibility for Changing Households  The makeup of today’s household is rapidly changing.  Many families are now made up of single/aging parents  or extended families who do not require large living  spaces. ADUs are often better suited to meet the living  space demands associated with this new shift in family  structure.  Community Development Department | 1635 Faraday Ave. | Carlsbad, CA 92008 | www.carlsbadca.gov  Exhibit 4 March 15, 2023 Item #1 Page 64 of 103 {city of Carlsbad Informational Bulletin IB‐111_Accessory Dwelling Units (Revised: 2/23) Page 2 of 6     TYPES OF ACCESSORY STRUCTURES  Development requirements for an ADU will vary  depending upon where the unit is constructed on the  property. More information about this is covered under  the General Development Standards section of this Info‐ Bulletin. Before reviewing the standards, it is important to  understand that not all accessory structures are  considered ADUs and some structures must meet specific  and unique standards to qualify as an ADU.    Development requirements for an ADU will vary  depending upon where the unit is constructed on the  property. More information about this is covered under  the General Development Standards section of this  Info‐Bulletin. But before moving on to the    Accessory Dwelling Unit  ADUs have many different names ‐‐‐ granny flats, in‐ law  units, backyard cottages, and secondary units just to name  a few. Despite the name, an ADU is a residential dwelling  unit that provides complete independent living facilities  for one or more people. An ADU includes permanent  provisions for living, sleeping, eating, cooking and  sanitation. An ADU may be attached to or detached from  the primary dwelling, integrated into existing or a  proposed single‐family home or multi‐family residences,  or created by converting existing space such as a garage.    Junior Accessory Dwelling Unit  A Junior Accessory  Dwelling Unit (JADU) is  an ADU, but smaller in  size with unique  development  standards; the most  significant being that  JADUs must be located  within the main single‐ family home with a separate entrance. An efficiency cooking  area is required to be provided within the unit. It may  include independent sanitation within the unit or shared  facilities with the existing residence. No additional parking is  required for a JADU.    Guest Houses  A guest house is a  type of accessory  structure for the sole  use of people  employed on the  property or  temporarily used by  guests of the primary  residence. Essentially, a guest house acts as an extra  bedroom to the main home. As such, a guest house  cannot include a kitchen or wet bar and cannot be rented  or used as a separate dwelling unit    Park Model Trailers      Park model  trailers,  sometimes  referred to as  “tiny homes,”  have been  marketed as an  inexpensive  alternative to  conventional ADU construction. Park model trailers are  not designed for long‐term habitation. CA Health &  Safety Code §18010 & §18009.3 define park model  trailers as recreational vehicles. While they may look  more like a manufactured home and less like an RV, park  model trailers are not certified by HCD as meeting the  minimum health and safety standards for permanent  housing. However, the manufactured homes that you  often find in a “mobile home park” are state HCD  certified and can be used as an ADU.    GENERAL DEVELOPMENT STANDARDS    Per state law, permitting an ADU is limited to an  administrative approval process ‐‐‐ no discretionary  review, CEQA environmental analysis, or public hearings ‐ ‐‐ the city can only apply clearly defined objective  development standards (e.g., parking setback, size,  height, landscaping). However, the applicable  development standards that get applied to an ADU varies  depending upon the type and location of the ADU  proposed. This makes implementing state ADU law,  challenging.   March 15, 2023 Item #1 Page 65 of 103 IB‐111_Accessory Dwelling Units (Revised: 2/23) Page 3 of 6     The following sections have been created to help  applicants navigate ADU development standards.   Development Standards for ADUs  Development Standards for JADUs  Development Standards for Certain ADU Types o Multi‐family & Two‐family Dwelling ADUs o Mandatory‐ADUs   Development Standards for ADUs  The following development standards apply to all  ADUs, whether attached or detached.   One attached or one detached ADU is allowed on a  single‐family lot; not both. Notwithstanding, an  ADU and a JADU can both be on the same property.  The property must have an existing main  residence; or the ADU must be constructed  concurrently with the main residence.  ADUs shall comply with the construction  standards of the California Residential Code for  “Efficiency Dwelling Units.” Key building  construction standards worth noting. o ADUs must have a separate entrance from the  main residence. An internal connection for  attached ADUs is optional. o ADUs must contain complete independent living  facilities, including a permanent kitchen and  areas for living and sleeping. o New detached ADUs shall include the  installation of a solar photovoltaic system unless  an existing onsite system has the capacity to  provide for the ADU. o Fire sprinklers are not required for an ADU       unless fire sprinklers were required when the primary  home was constructed.   ADUs shall comply with all applicable zoning code  standards, with the following exceptions.  o Detached ADUs that are ˃800 square feet in  size or attached ADUs that are ˃800 square feet  in size and ˃16 feet in height are subject to  maximum lot coverage requirements. No ADU  is subject to minimum lot size requirements.  o Adequate water and sewer services shall be  readily available; Upgrades to existing services  may not be required.  o Size requirements   Attached ADUs shall not exceed 50% of the  total floor area of the existing main  residence, or 1,200 square feet in size,  whichever is less. This will not preclude a  single‐family residential lot from building an  800 sq. ft. ADU.   Detached ADUs are allowed up to 1,200  square feet in size depending on lot  coverage allowances.  o Height requirements   Detached ADUs are limited to maximum 16  feet in height, unless located:  ‐ Above or below a detached garage then  the 2nd story detached ADU must  conform with the applicable height limit  of the zone but not to exceed two  stories including the garage.  ‐ On a lot with an existing or proposed  two‐family, multi‐family, multistory  dwelling then the ADU shall be allowed  a height up to 18 feet.   ‐ On a lot with an existing or proposed  single family, two‐family or multi‐family  dwelling unit that is within one‐half mile  walking distance of a major transit stop  (Carlsbad Village Station or Poinsettia  Station), then a height of 18 feet is  allowed. An additional two feet in height  (max. 20 ft.) is allowed to accommodate  the ADU roof pitch to align with the roof  pitch of the primary dwelling (see  stations one‐half mile radius maps). March 15, 2023 Item #1 Page 66 of 103 IB‐111_Accessory Dwelling Units (Revised: 2/23) Page 4 of 6    Attached 1‐ or 2‐ story ADUs are  allowed up to 25 feet, or subject to  the limits specified under the  applicable zone  but not to exceed  two stories.  o Setback requirements   Attached and detached ADUs shall  maintain a minimum four‐foot setback  from rear and side‐yard property line.   Front yard setback and required building  separation requirements are per applicable  zoning standards and building code  standards, respectively.   Detached ADUs greater than 800 square feet  shall maintain a 10‐foot separation from  main residence   Existing setbacks can be maintained for an  existing non‐conforming detached garage or  existing accessory structure that is  converted to an ADU, unless the project is  within the Coastal Zone and non‐conforming  conditions impact to coastal resources  (geologic setback, public view  encroachment, coastal access, or habitat  preserve buffers).   Setbacks for new ADU can conform to those of  a legally demolished structure, provided that  the construction of the proposed ADU is built  in the same location and to the same  dimensions.   In the Coastal Zone, an ADU or JADU that results  from new construction, or expanding or  converting an existing structure, shall be  consistent with the coastal resource, public  access protection and visual resource protection  policies of the Local Coastal Program.   Accessory uses not required for ADUs –  garages, patio covers, decks, etc. – must meet  standard zoning setbacks and cannot observe  four‐foot side and rear‐ yard setbacks.  o Parking requirements   One parking space shall be required, which may  be located within the building setbacks or in an  existing driveway as tandem parking.    A parking space is not required for an ADU if  the property meets any one of the following:  ‐ Located within one‐half mile walking  distance of public transit, which includes bus  stops & train stations.  ‐ Located within an historic district.  ‐ Constructed as part of a proposed or existing  residence or accessory structure.  ‐ Located within one block of a dedicated  car share lot.  ‐ When on street parking permits are  required but not offered to the  occupant of the accessory dwelling unit  ‐ When there is a car share vehicle  located within one block of the  accessory dwelling unit.   Parking spaces do not need to be replaced  when a garage, carport, or covered parking  structure is demolished and/or converted into  an ADU, except for certain locations located  within the Parking Replacement Areas Map.   o Miscellaneous Requirements   Roof decks are not permitted on detached  ADUs   The exterior roofing, trim, walls, windows,  and color palette of the ADU shall  incorporate the same features as the main  dwelling unit.   ADUs shall only be rented for a term of  at least 30 days. ADUs that were issued  a building permit prior to Jan. 1, 2020,  are exempt from this requirement.   Pursuant to Civil Code §4751 (a), private  restrictions such as Conditions, Covenants  and Restrictions (HOA CC&Rs) can no  longer prohibit the construction and  renting of ADUs. See the State’s HCD  guidebook for more information.    March 15, 2023 Item #1 Page 67 of 103 IB‐111_Accessory Dwelling Units (Revised: 2/23) Page 5 of 6   Development Standards for JADUs  The following standards apply to all JADUs.   One JADU is allowed to be constructed within the  walls of a proposed or existing single‐family  residence or attached garage. Additions or  modifications to an existing residence for the  purpose of building a JADU are allowed.   An ADU and a JADU can be constructed on the  same lot when a detached ADU or ADU conversion  is proposed.   The property owner must occupy either the JADU  or the main residence. In cases where both an  ADU and JADU are constructed, the owner must  live in one of the three units.   JADUs shall comply with ALL zoning code  standards applicable to the main residence, with  the following exceptions. The JADU shall be a  maximum of 500 square feet in size.   No parking is required for a JADU   JADUs shall comply with the standards of the  California Residential Code, similar to the main  residence. Key building construction standards  worth noting. o An efficiency cooking area is required. o A separate entrance from the main residence is  required. o An internal connection is optional unless a  restroom is shared with the main residence in  which case an internal connection is required. o No separate water, sewer or power  connection required. o Fire sprinklers are not required for an JADU  unless fire sprinklers were required when the  primary home was constructed.  Miscellaneous Requirements o The exterior roofing, trim, walls, windows, and  color palette of the JADU shall incorporate the  same features as the main dwelling unit. o JADUs shall only be rented for a term of at  least 30 days. JADUs that were issued a  building permit prior to Jan. 1, 2020 are  exempt from this requirement. o Pursuant to Civil Code §4751 (a), private  restrictions such as Conditions, Covenants and  Restrictions (HOA CC&Rs) can no longer restrict  or prohibit the construction and renting of  JADUs. Development Standards for Certain ADU Types  Pursuant to Govt. Code Section 65852.2(e), the state  established four categories of ADUs that are not subject  to any other specified areas of ADU law, most notably  zoning and development standards. However, ADUs  authorized under this code section must still meet the  building code and health and safety requirements.  Because of overlapping similarities, the four categories  have been combined into two ADU types: Multi‐family  ADUs and Mandatory‐ADUs. ADUs meeting the limited  standards described below shall be allowed by right.   Multi‐family ADUs o Non‐livable space within existing multi‐family  structures may be converted into an ADU.      Examples of areas that can be converted include  storage rooms and garage spaces.  o The maximum number of ADU allowed in a multi‐ family structure is equal to 25% of the number of  existing multi‐family units in the structure.  Fractional units are rounded down. A minimum of  one ADU is allowed.   o Notwithstanding the first two bullets, up to two  detached ADUs are allowed on a lot that has  existing multi‐family units so long as the ADUs  maintain a rear and side yard setback of four feet  and no taller than 16 feet in height.  o HOA authorization is required for ADUs proposed in  multi‐family condominium common areas.    Mandatory‐ADUs  o The maximum size of the mandatory‐ADU can be  no more than 800 square feet.  o  The maximum height of the mandatory‐ADU can  be at least 16 feet, or up to 18 feet if located  within‐mile of a major transit stop. An additional  two feet in height (max 20 ft) is allowed to  accommodate the ADU roof pitch to align with  the roof pitch of the primary dwelling. Heights  are determined per city building height  calculation method.    March 15, 2023 Item #1 Page 68 of 103 IB‐111_Accessory Dwelling Units (Revised: 2/23) Page 6 of 6   o An attached mandatory‐ADU can be up to 25 feet  in height, or the maximum height of the zone,  whichever is lower.  o The mandatory‐unit shall have a minimum of  four‐foot side and rear setbacks.  The mandatory  ADU can protrude into the front yard setback per  the zone to the extent feasible where there is no  other alternative to allow for construction of the  ADU that complies with all other development  standards.  o Notwithstanding, one mandatory‐ADU and one  JADU are permitted per lot within the existing or  proposed space of a single‐family home, or a  JADU within the walls of the single‐family  residence, or a mandatory‐ADU within an  existing accessory structure is allowed.   PERMIT PROCESSING  STEPS  The section below  provides the required  permit applications and  general processing steps  to secure necessary  approvals for an ADU,  JADU, Multi‐family ADU,  or Mini‐ADU (collectively  referred in this section as “ADUs”). The permit  application submittal must include all required  information for the packet to be accepted and  processed.    Building Permit Application   All ADUs are required to submit a residential  building permit application and required  supporting documentation (Form B‐5).  All ADUs proposed as part of a remodel/new  primary dwelling unit shall follow the permit  process timeline of the permit for the primary  dwelling unit.  The project site may require other types of permit  approvals (apart from the ADU approval), depending  on the existing and proposed site conditions. For  example, if a retaining wall is needed at the side of  the lot, this may require a structural load analysis.  Please check with city staff for further information  prior to submittal.   The city will approve or deny an application within  60 days from the date the application was deemed  complete unless the applicant requests a delay.      Coastal Development Permit Application  The following permitting steps shall apply to processing a  CDP for projects within the Coastal Zone.   All proposed ADUs located within the California  Coastal Zone require a Minor Coastal Development  Permit (MCDP) (Form P‐6). o Exemption: Attached ADUs and JADUs located  outside of the Coastal Appeal Zone only  require approval of a building permit  application (a MCDP is not required).  A public hearing shall not be required to approve an  ADU. Neighboring property owners will still be  notified of the permit application pursuant to city  code but permit approval will be done  administratively by the City Planner.                       The City Planner’s decision can be appealed to the  Coastal Commission.  Permit Application Fees   All applicable plan check and inspection fees apply.  However, no impact fees are charged for  development of an ADU that is less than 750 square  feet. There may be other “non‐impact” fees by  special districts or local agencies (e.g., plan check or  inspection by the other agencies). Please contact  those agencies directly.  Impact fees for an ADU more than 750 square feet  are charged proportionately in relation to the square  footage of the primary dwelling unit. (e.g., if you  have a proposed 1,000 square feet ADU, and you  have an existing 2,000 square foot primary dwelling  unit, you would be charged 50% on an equivalent  basis). For an ADU on a lot with a multi‐family  dwelling, the proportionality shall be based on the  average square footage of the units within that  multi‐family dwelling structure.  A new utility connection may be required, and  connection fees and capacity charges are based  upon either the ADU’s square feet or the number of  its drainage fixture unit values, as defined by the  California Plumbing Code. Utility connections and  fees shall not be required for ADU/JADUs converted  from the existing space of a home, including  expansions of 150sf. YOUR OPTIONS FOR SERVICE  For projects requiring a building permit, please  contact the Building Division at 442‐339‐2719 or via  email at Building@carlsbadca.gov.  For CDPs, please contact the Planning  Division at 442‐339‐2610 or via email at  Planning@carlsbadca.gov. March 15, 2023 Item #1 Page 69 of 103 ORDINANCE NO. CS-427 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ACKNOWLEDGING RECEIPT OF THE CALIFORNIA COASTAL COMMISSION’S RESOLUTION OF CERTIFICATION INCLUDING SUGGESTED MODIFICATIONS FOR LCPA 2020-0006, AND APPROVING THE ASSOCIATED SUGGESTED MODIFICATIONS TO THE ZONING ORDINANCE AND LOCAL COASTAL PROGRAM CASE NAME: Accessory Dwelling Unit Amendments 2020 CASE NO.: ZCA 2020-0002/AMEND 2020-0005/LCPA 2020-0006 WHEREAS, on Sept. 1, 2020, the City Council adopted Ordinance No. CS-384, approving ZCA 2020-0002/AMEND 2020-0005/LCPA 2020-0006 – Accessory Dwelling Unit Amendments 2020; and WHEREAS, the Carlsbad Zoning Ordinance is the implementing ordinance of the Carlsbad Local Coastal Program, and therefore, an amendment to the Zoning Ordinance also constitutes an amendment to the Local Coastal Program; and WHEREAS, the California Coastal Act requires Coastal Commission certification of any local coastal program amendment; and WHEREAS, on March 9, 2022, the California Coastal Commission approved the city’s Local Coastal Program Amendment (LCPA 2020-0006) with suggested modifications; and the city received a letter dated March 23, 2022, from the California Coastal Commission that certifies (resolution of certification) the Coastal Commission’s approval of the city’s Local Coastal Program amendment (LCPA 2020-0006), subject to suggested modifications; and WHEREAS, the California Coastal Commission’s approval of LCPA 2020-0006 will not become effective until the Commission certifies that the city has amended its Local Coastal Program pursuant to the Commission’s suggested modifications; and WHEREAS, on July 12, 2022, the City Council held a duly noticed public hearing as prescribed by law to consider the Coastal Commission’s suggested modifications NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, ordains as follows that: 1.The above recitations are true and correct. 2.Section 21.04.020 of the Carlsbad Municipal Code is amended to read as follows: Exhibit 5 March 15, 2023 Item #1 Page 70 of 103 21.04.020 Accessory. “Accessory” means a building, part of a building or structure, or use that is subordinate to and the use of which is incidental to that of the main building, structure or use on the same lot. If an accessory building is attached to the main building by a common wall, with a width dimension of at least three feet and a height dimension of at least one story, such building area is considered a part of the main building and not an accessory building or structure, except for “accessory dwelling units” or “junior accessory dwelling units” as defined in Sections 21.04.121 and 21.04.122. Accessory dwelling units and junior accessory dwelling units that comply with the requirements of Section 21.10.030 and California Government Code Sections 65852.2 (effective Jan. 1, 2022) and 65852.22 (effective Jan. 1, 2020), respectively, are considered accessory. 3. Section 21.04.121 of the Carlsbad Municipal Code is amended to read as follows: 21.04.121 Dwelling unit, accessory (ADU). Refer to California Government Code Section 65852.2 (effective Jan. 1, 2022). 4. Section 21.04.122 of the Carlsbad Municipal Code is amended to read as follows: 21.04.122 Dwelling unit, junior accessory (JADU). Refer to California Government Code Section 65852.22 (effective Jan. 1, 2020). 5. Section 21.10.030 of the Carlsbad Municipal Code is repealed and replaced to read as follows: 21.10.030 Accessory dwelling units and junior accessory dwelling units. A. Purpose. This section provides standards for the establishment of accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs). Pursuant to California Government Code Sections 65852.2 (effective Jan. 1, 2022) and 65852.22 (effective Jan. 1, 2020), local governments have the authority to adopt regulations designed to promote ADUs and JADUs. B. Standards of Review. Review of ADUs and JADUs shall be consistent with the following: March 15, 2023 Item #1 Page 71 of 103 1. ADU or JADU applications shall be considered a ministerial action without discretionary review or a public hearing if all requirements of this section (21.10.030) are met, notwithstanding any other requirements of state law or this development code. 2. ADUs or JADUs developed within the coastal zone are subject to the permit requirements of Chapter 21.201 and require a building permit. Development of ADUs or JADUs outside of the coastal zone requires a building permit. 3. The city shall act on an application to create an ADU or a JADU within the time period specified under California Government Code Sections 65852.2 (effective Jan. 1, 2022) and 65852.22 (effective Jan. 1, 2020). 4. If the permit application to create an ADU or a JADU is submitted with a permit application to create a new one-family dwelling on the lot, the city may delay acting on the permit application for the ADU or the JADU until the city acts on the permit application to create the new one-family dwelling, but the application to create the ADU or JADU shall be considered without discretionary review or public hearing. If the applicant requests a delay, the time period specified under California Government Code Sections 65852.2 (effective Jan. 1, 2022) and 65852.22 (effective Jan. 1, 2020) shall be tolled for the period of the delay. C. Residential Use and Density. ADUs and JADUs, which comply with the requirements of this section (21.10.030) and California Government Code Sections 65852.2 (effective Jan. 1, 2022) and 65852.22 (effective Jan. 1, 2020): 1. Shall be considered accessory residential uses or accessory residential buildings that are consistent with the general plan or zoning designations for the lot; and 2. Shall not be considered to exceed the allowable density for the lot upon which it is located; and D. Number and Location. 1. ADUs shall be permitted in zones that allow one-family dwellings, two-family dwellings, multiple-family dwellings, and mixed-use (residential uses in combination with non-residential uses), provided there is an existing or proposed dwelling on the lot where the ADU is proposed, as specified in California Government Code Sections 65852.2 (effective Jan. 1, 2022) and 65852.22 (effective Jan. 1, 2020). Refer to a specific zone’s Permitted Uses table within this Title. 2. For zones that allow one-family dwellings, one JADU shall be permitted with an associated existing or proposed one-family dwelling. Refer to a specific zone’s Permitted Uses table within this Title. March 15, 2023 Item #1 Page 72 of 103 3. The number and location of ADUs or JADUs on a lot shall be subject to California Government Code Sections 65852.2 (effective Jan. 1, 2022) and 65852.22 (effective Jan. 1, 2020). E. Other Requirements and Standards. ADUs and JADUs shall comply with all the following requirements and standards: 1. ADUs and JADUs shall comply with the development requirements and standards of California Government Code Sections 65852.2 (effective Jan. 1, 2022) and 65852.22 (effective Jan. 1, 2020). 2. When not in conflict with California Government Code Sections 65852.2 (effective Jan. 1, 2022) and 65852.22 (effective Jan. 1, 2020) and the coastal resource and public access protection requirements of the certified local coastal program, ADUs and JADUs shall also comply with applicable development requirements and standards of this code. 3. The maximum size of an ADU or JADU shall be limited as follows, consistent with California Government Code Sections 65852.2 (effective Jan. 1, 2022) and 65852.22 (effective Jan. 1, 2020): a. Attached ADUs – 50% of the total floor area of the main dwelling or 1,200 square feet, whichever is less, but not less than 800 square feet; b. Detached ADUs – 1,200 square feet c. JADUs – 500 square feet 4. A detached ADU shall be limited to one story and 16 feet maximum height, except that an ADU constructed above or below a detached garage shall be permitted and shall conform to the height limits applicable to the zone. Structures that contain an ADU located above or below a detached garage shall be limited to a maximum of two stories including the garage. 5. Roof decks shall not be permitted on detached ADUs. 6. The construction of an ADU or JADU that is all new construction, or is a conversion of a portion or all of an existing structure, or expands the square footage of an existing structure, shall be consistent with all habitat preserve buffers, geologic stability setbacks, and visual resource protection policies in the certified local coastal program, habitat management plan, general plan, or geotechnical report, as applicable. 7. On lots with one-family dwelling(s), the exterior roofing, trim, walls, windows and the color palette of the ADU or JADU shall incorporate the same features as the primary dwelling unit. March 15, 2023 Item #1 Page 73 of 103 8. On lots with two-family or multiple-family dwellings, the exterior roofing, trim, walls, windows and the color palette of the ADU addition shall incorporate the same features as the existing building that the ADU would be provided within. For detached ADUs, it shall be reflective of the nearest building as measured from the wall of the existing building to the nearest wall of the proposed unit. 9. Parking. a. An ADU shall provide off-street parking in compliance with Chapter 21.44 (Parking), unless it qualifies for an exemption as specified in California Government Code Section 65852.2 (effective Jan. 1, 2022). b. No off-street parking is required for a JADU if it meets the requirements specified in California Government Code Section 65852.22 (effective Jan. 1, 2020). c. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU or converted to an ADU, the loss of parking for the primary dwelling does not need to be replaced, except on lots located west of the rail corridor and on lots located east of the rail corridor and west of Interstate 5 between Avenida Encinas to the north and Batiquitos Lagoon to the south. In which case, the loss of parking for the primary dwelling shall be replaced subject to the parking requirements in Chapter 21.44 (Parking), except as follows: i. The replacement parking spaces may be covered, uncovered, or tandem spaces, or provided by the use of mechanical automobile parking lifts (within a garage); and may be located in the front, side or rear yard, provided the parking area is an improved parking surface, such as paving, hardscape, decomposed granite, etc. ii. The location of the replacement parking spaces shall be consistent with all habitat preserve buffers, geologic stability setbacks, and visual resource protection policies in the certified local coastal program. 10. ADUs intended to satisfy an inclusionary requirement shall comply with the requirements of Chapter 21.85, including, but not limited to, the applicable rental rates and income limit standards. 11. A Notice of Restriction shall be recorded on the property declaring that: a. An ADU(s) or JADU shall not be used for short-term rentals of less than 30 days. This requirement does not apply to any unit that was issued a building permit prior to January 1, 2020. March 15, 2023 Item #1 Page 74 of 103 b. The obligations and restrictions imposed on the approval of the ADU(s) per California Government Code Section 65852.2 (effective Jan. 1, 2022) or JADU per California Government Code Section 65852.22 (effective Jan. 1, 2020) are binding on all present and future property owners. c. For a JADU, the property owner must reside in either the primary residence or the JADU. Sale of the JADU separate from the single-family residence is prohibited; said prohibition is binding on all present owners and future purchasers. 12. For ADUs permitted prior to January 1, 2020, the city may continue to enforce a requirement for owner-occupancy of the ADU or primary residence. 13. An ADU may be sold separately from the primary dwelling only in limited situations pursuant to California Government Code Section 65852.26 (effective Jan. 1, 2022). 6. Subsection B of Section 21.48.020 of the Carlsbad Municipal Code is amended to read as follows: B. The provisions of this chapter do not apply: 1. To nonconforming signs, which are addressed in Section 21.41.130. 2. When an accessory dwelling unit or junior accessory dwelling unit is proposed on a lot with an existing nonconforming residential structure that is nonconforming with regard to geologic setback, public view encroachment, coastal access, or habitat preserve buffers, and development of the proposed accessory dwelling unit or junior accessory dwelling unit does not result in redevelopment of the nonconforming residential structure. Pursuant to California Government Code Section 65852.2, the city shall not require, as a condition for approval of an accessory dwelling unit or a junior accessory dwelling unit, the correction of nonconforming zoning conditions, except where the accessory dwelling unit or junior accessory dwelling unit is located in the Coastal Zone and is attached to the nonconforming residential structure that is nonconforming with regard to geologic setback, public view encroachment, coastal access, or habitat preserve buffers, and will result in redevelopment of the nonconforming structure. For purposes of this section, redevelopment shall mean alterations to the residential structure resulting from construction of an accessory dwelling unit or junior accessory dwelling unit that consist of (1) additions to an existing structure, or (2) exterior or interior renovations, or (3) demolition or replacement of an existing principal structure, or portions thereof, any of which results in replacement (including demolition, renovation or alteration) of 50 percent or more of major structural components including exterior walls, floor, roof structure or foundation, or a 50 percent increase in gross floor area. March 15, 2023 Item #1 Page 75 of 103 EFFECTIVE DATE: The approval of this ordinance shall not be effective until the Executive Director of the California Coastal Commission certifies that implementation of LCPA 2020-0006 will be consistent with the Coastal Commission's approval of LCPA 2020-0006 with suggested modifications. INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on the 12th day of J.!!!y, 2022, and thereafter PASSED, APPROVED AND ADOPTED at a Regular Me�ting of the City Council of the City of Carlsbad on the 19th day of MY, 2022, by the following vote, to wit: AYES: NAYS: Hall, Blackburn, Bhat-Patel, Acosta. None. ABSENT: Norby. APPROVED AS TO FORM AND LEGALITY: � /t. /.i�,1 tl4-�I f10Alh;}, CELIA A. BREWER, City Attorney � MATT HALL, Mayor tJ& �FAVIOLA MEDINA, City Clerk Services Manager {SEAL) March 15, 2023 Item #1 Page 76 of 103 ORDINANCE NO. CS-432 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA ADOPTING AMENDMENTS TO CARLSBAD MUNICIPAL CODE TITLE 15 (GRADING AND DRAINAGE ORDINANCE) AND TITLE 21 (ZONING ORDINANCE) TO COMPLETE VARIOUS MISCELLANEOUS CLEANUP AMENDMENTS TO THE CARLSBAD MUNICIPAL CODE. THE AMENDMENTS ALSO INCLUDE A LOCAL COASTAL PROGRAM AMENDMENT CASE NAME: CASE NO: 2022 ZONING ORDINANCE CLEANUP MCA2022-0004/ZCA2022-0002/LCPA 2022-0014 WHEREAS the City Planner has prepared amendments to the Carlsbad Municipal Code and Local Coastal Program (MCA 2022-0004/ZCA 2022-0002/LCPA 2022-0014)) pursuant to Chapter 21.52 of the Carlsbad Municipal Code, Section 30514 of the Public Resources Code, and Section 13551 of California Code of Regulations Title 14, Division 5.5; and WHEREAS the Carlsbad Municipal Code Title 21 (Zoning Ordinance) and Section 15.16 of Title 15 (Grading and Drainage Ordinance) are part of the Carlsbad Local Coastal Program Implementation Plan, and therefore, amendments to Title 21 and Section 15.16 also constitute amendments to the Local Coastal Program; and WHEREAS, pursuant to California Coastal Commission Regulations, a six-week public review period for the Local Coastal Program Amendment began May 20,2022 and ending on July 1, 2022; and WHEREAS, on June 10, 2022, the Airport land Use Commission reviewed and found that the proposed amendments are consistent with the adopted McClellan-Palomar Airport Land Use Compatibility Plan; and WHEREAS, on June 15, 2022, the Planning Commission held a duly noticed public hearing as prescribed by law to consider ZCA 2022-0002/LCPA 2022-0014; and WHEREAS the Planning Commission adopted Planning Commission Resolution No. 7452 recommending to the City Council that ZCA 2022-0002/LCPA 2022-0014 be approved; and WHEREAS the City Council of the City of Carlsbad held a duly noticed public hearing as prescribed by law to consider MCA2022-0004/ZCA 2022-0002/LCPA 2022-0014; and WHEREAS at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, the City Council considered all factors, including written public comments, if any, related to MCA2022-0004/ZCA 2022-0002/LCPA 2022-0014; and Exhibit 6 March 15, 2023 Item #1 Page 77 of 103 NOW, THEREFORE, the City Council of the City of Carlsbad, California, ordains as follows: 1.The above recitations are true and correct. 2.The findings of the Planning Commission in Planning Commission Resolution No. 7452 shall also constitute the findings of the City Council. 3.That Section 15.16.060 of the Carlsbad Municipal Code is amended as shown below: 15.16.060 Work exempt from grading permit. A.A grading permit shall not be required for the following: 1.Cemetery graves. 2.Refuse disposal sites controlled by other regulations. 3.Excavations for wells, tunnels, utilities, or swimming pools/spas. 4.Exploratory excavations under the direction of soil engineers or engineering geologists. 5.Clearing and grubbing of vegetation done for the purpose of routine landscape maintenance, the removal of dead or diseased trees or shrubs or the removal of vegetation done upon order of the fire marshal to eliminate a potential fire hazard or for the abatement of weeds. 6.Clearing and grubbing of vegetation done preparatory to agricultural operations on land which has been used for agricultural purposes within the previous five years. 7.Grading on a site where the city engineer finds that the following conditions exist: a.The amount of soil material moved does not exceed 200 cubic yards (excluding excavation for basements, foundations and footings); b.No fill material is placed on an existing slope steeper than five units horizontal to one vertical; c.No cut or fill material exceeds four feet in vertical depth at its deepest point, measured from the existing ground surface. 8.Grading in an isolated, self-contained area. 9.Grading associated with stem wall construction. 10.Retaining walls with a maximum height of 6 feet and the soil material moved does not to exceed 200 cubic yards. 4.That Chapter 21.04 of the Carlsbad Municipal Code is amended by the addition of a new section as shown below: 21.04.140.6 Employee housing, small. Pursuant to Cal. Health and Safety Code§ 17008, employee housing, small means any portion of any housing accommodation, or property upon which a housing accommodation is located, maintained in connection with any work or place where work is being performed, whether or not rent is involved, where such housing provides accommodations for six or fewer persons. 5.That Section 21.04.145 of the Carlsbad Municipal Code is amended as shown below: March 15, 2023 Item #1 Page 78 of 103 21.04.145 Family. "Family" means one or more persons living together in a dwelling unit, with common access to, and common use of all living, kitchen, and eating areas within the dwelling unit. Residents and operators of a residential care facility or employee housing serving six or fewer persons shall be considered a family for purposes of any zoning regulation relating to residential use of such facilities. 6.That Section 21.04.147 of the Carlsbad Municipal Code is amended as shown below: 21.04.147 Family day care home, large. "Large family day care home" means a dwelling which provides family day care for seven to fourteen children, inclusive, including children under the age of ten years who reside at the home as defined by Section 1596.78 of the California Health and Safety Code and permitted by the licensing agency. 7.That Section 21.04.148 of the Carlsbad Municipal Code is amended as shown below: 21.04.148 Family day care home, small. "Small family day care home" means a dwelling which provides family day care for eight or fewer children, including children under the age of ten years who reside at the home as defined in Section 1596. 78 of the California Health and Safety Code and permitted by the licensing agency. 8.That Section 21.04.281 of the Carlsbad Municipal Code is amended as shown below: 21.04.281 Nonconforming residential use. "Nonconforming residential use" means a residential use which was lawfully established and maintained, but which exceeds the maximum density range of the underlying general plan land use designation. 9.That Chapter 21.04 of the Carlsbad Municipal Code is amended by the addition of a new section as shown below: 21.04.291.1 Personal services. "Personal Services" means uses that include but are not limited to dry cleaners, beauty and barber shops, day spas, cosmetic services, nail salons, shoe/garment repair, massage therapy, etc. 10.That Chapter 21.04 of the Carlsbad Municipal Code is amended by the addition of a new section as shown below: March 15, 2023 Item #1 Page 79 of 103 21.04.305.5 Small wireless facilities. Small wireless facilities (SWF), consistent with FCC regulations in 47 C.F.R. §§ 1.6002(1), are wireless communication facilities that meet each of the following conditions: A.The facilities- 1.Are mounted on structures 50 feet or less in height including their antennas as defined in section l.1320(d), or 2.Are mounted on structures no more than 10 percent taller than other adjacent structures, or 3.Do not extend existing structures on which they are located to a height of more than 50 feet or by more than 10 percent, whichever is greater; B.Each antenna associated with the deployment, excluding associated antenna equipment (as defined in the definition of antenna in section 1.1320(d)), is no more than three cubic feet in volume; C.All other wireless equipment associated with the structure, including the wireless equipment associated with the antenna and any pre-existing associated equipment on the structure, is no more than 28 cubic feet in volume; D.The facilities do not require antenna structure registration under 47 CFR Part 17; E.The facilities are not located on Tribal lands, as defined under 36 CFR 800.16(x); and F.The facilities do not result in human exposure to radiofrequency radiation in excess of the applicable safety standards specified in section 1.1307(b). 11.The permitted use tables in each of the following sections are amended by the addition of the new use listing as shown below: 21.08.020 Permitted uses, Table A. 21.09.020 Permitted uses, Table A. 21.10.020 Permitted uses, Table A. 21.12.020 Permitted uses, Table A. 21.16.020 Permitted uses, Table A. 21.18.020 Permitted uses, Table B. 21.20.010 Permitted uses, Table A. 21.22.020 Permitted uses, Table A. 21.24.020 Permitted uses, Table A. 21.37.020 Permitted uses, Table A. Use Employee housing (serving six or fewer persons) p CUP Ace X March 15, 2023 Item #1 Page 80 of 103 12.That Section 21.10.050 of the Carlsbad Municipal Code is amended as shown below: 21.10.050 Building height. In the R-1 zone no building shall exceed a height of thirty feet and two stories if a minimum roof pitch of 3:12 is provided or twenty-four feet and two stories if less than a 3:12 roof pitch is provided for lots under twenty thousand square feet. Single-family residences on lots with a lot area of twenty thousand square feet or greater and within a R-1 zone and specifying a -20 or greater area zoning symbol shall not exceed thirty-five feet and three stories with a minimum roof pitch of 3:12 provided, or twenty-nine feet and three stories if less than a 3:12 roof pitch is provided. 13.That the following sections of the Carlsbad Municipal Code are amended as shown below: 21.08.060 Placement of buildings 21.10.080 Placement of buildings 21.12.060 Placement of buildings 21.16.060 Placement of buildings A.Placement of buildings on any lot shall conform to the following, except as otherwise permitted for accessory dwelling units (or junior accessory dwelling units where permitted) pursuant to Section 21.10.030: 1.Interior Lots. a.No building shall occupy any portion of a required yard; b.Any building, any portion of which is used for human habitation, shall observe a distance from any side lot line the equivalent of the required side yard on such lot and from the rear property line the equivalent of twice the required side yard on such lot; c.All accessory structures shall comply with the following development standards: i.The lot coverage shall include accessory structures in the lot coverage calculations for the lot, ii.When proposed on a lot adjoining native vegetation, accessory structures within a fire suppression zone must be reviewed and approved by the fire department, iii.Buildings shall not exceed one story, iv.Building height shall not exceed fourteen feet if a minimum roof pitch of 3:12 is provided or ten feet if less than a 3:12 roof pitch is provided; d.Habitable detached accessory structures shall comply with all requirements of the zone applicable to placement of a dwelling unit on a lot including setbacks; e.Detached accessory structures which are not dwelling units and contain no habitable space, including, but not limited to, garages, workshops, tool sheds, decks over thirty inches above grade and freestanding patio covers shall comply with the following additional development standards when located within a lot's required setback areas: March 15, 2023 Item #1 Page 81 of 103 i.The maximum allowable building area per structure shall not exceed a building coverage of four hundred forty square feet, ii.The following setbacks shall apply: a front yard setback of twenty feet, a rear yard setback of five feet, a side yard setback of five feet and an alley setback of five feet, iii.The maximum plumbing drain size shall be one and one-half inches in diameter so as to prohibit toilets, showers, bathtubs and other similar fixtures, iv.The additional development standards listed above (subsections (A)(l)(g)(i) through (iii) of this section) shall apply to the entire subject accessory structure, not just the portion encroaching into a lot's setback area; and f.The provisions of this section are applicable notwithstanding the permit requirements contained in Section 18.04.015. 2.Corner Lots and Reversed Corner Lots. a.No building shall occupy any portion of a required yard; b.Any building, any portion of which is used for human habitation, shall observe a distance from the rear property line the equivalent of twice the required interior side yard on such lot; c.All accessory structures shall comply with the following development standards: i.The lot coverage shall include accessory structures in the lot coverage calculations for the lot, ii.When proposed on a lot adjoining native vegetation, accessory structures within a fire suppression zone must be reviewed and approved by the fire department, iii.Buildings shall not exceed one story, iv.Building height shall not exceed fourteen feet if a minimum roof pitch of 3:12 is provided or ten feet if less than a 3:12 roof pitch is provided; d.Habitable detached accessory structures shall comply with all requirements of the zone applicable to placement of a dwelling unit on a lot including setbacks; e.Detached accessory structures which are not dwelling units and contain no habitable space, including, but not limited to, garages, workshops, tool sheds, decks over thirty inches above grade and freestanding patio covers shall comply with the following additional development standards when located within a lot's required setback areas: i.The maximum allowable building area per structure shall not exceed a building coverage of four hundred forty square feet, ii.The following setbacks shall apply: a front yard setback of twenty feet, a rear yard setback of five feet, a side yard setback of five feet, a street side yard setback of five feet and an alley setback of five feet, iii.The maximum plumbing drain size shall be one and one-half inches in diameter so as to prohibit toilets, showers, bathtubs and other similar fixtures, March 15, 2023 Item #1 Page 82 of 103 iv.The additional development standards listed above (subsections (A)(2)(g)(i) through (iii) of this section) shall apply to the entire subject accessory structure, not just the portion encroaching into a lot's setback area; and f.The provisions of this section are applicable notwithstanding the permit requirements contained in Section 18.04.015. 14.That Table A of Section 21.18.020 is amended by the addition of a new use listing for "Personal services ... " as shown below, and by the deletion of the use listing for "Services, provided directly to consumers ... ": Use Personal services (defined: section 21.04.291.1) Use 15.That Table A of Section 21.26.010 is amended to read as follows: Accountants Adult and/or senior daycare and/or recreation facility (private/non-private) Alcoholic treatment centers Amusement parks Arcades-coin-operated (subject to Section 21.42.140(B)(15); defined: Section 21.04.091) Athletic clubs, gymnasiums, health clubs, and physical conditioning businesses Attorneys Banks and other financial institutions without drive-thru facilities Bakeries Biological habitat preserve (subject to Section 21.42.140(B)(30); defined: Section 21.04.048) Book or stationery stores Child day care centers, subject to the provisions of Chapter 21.83 of this title Churches, synagogues, temples, convents, monasteries, and other places of worship Clubs-nonprofit, business, civic, professional, etc. (defined: Section 21.04.090) Columbariums, crematories, and mausoleums (not within a cemetery) Delicatessen (defined: Section 21.04.106) Doctors, dentists, optometrists, chiropractors and others practicing the healing arts for human beings, and related uses such as oculists, pharmacies (prescription only), biochemical laboratories and x-ray laboratories Dressmaking or millinery shops Drive-thru facility (not restaurants) Drugstores Dry goods or notion stores Educational facilities, other (defined: Section 21.04.137) Educational institutions or schools, public/private (defined: Section 21.04.140) p p X X X X X X X X X X X X X CUP Ace 1 CUP Ace 1 2 3 1 2 2 1 2 1 2 March 15, 2023 Item #1 Page 83 of 103 ' Use p CUP Ace Engineers, architects and planners X Fairgrounds 3 Farmworker housing complex, small (subject to Section 21.10.125; defined: 1 Section 21.04.148.4) Florist shops X Fortunetellers, as defined in Section 5.50.010 X Gas stations (subject to Section 21.42.140(8)(65)) 2 Greenhouses> 2,000 square feet (subject to Section 21.42.140(8)(70)) 1 Grocery or fruit stores X Hardware stores X Hospitals (defined: Section 21.04.170) 2 Hospitals (mental) (defined: Section 21.04.175) 2 Hotels and motels (subject to Section 21.42.140(8)(80)) 3 Institutions of a philanthropic or eleemosynary nature, except correctional or mental X Jewelry stores X Laundries or clothes cleaning agencies X Liquor store (subject to Section 21.42.140(8)(85); defined: Section 21.04.203) 2 Meat markets X Mobile buildings (subject to Section 21.42.140(8)(90); defined: Section 21.04.265) 1 Outdoor dining (incidental) (subject to Section 21.26.013; defined: Section 21.04.290.1) X Packing/sorting sheds> 600 square feet (subject to Section 21.42.140(8)(70)) 1 Paint stores X Parking facilities (primary use) (i.e., day use, short-term, nonstorage) 1 Pawnshops (subject to Section 21.42.140(8)(105)) 3 Personal services (defined: section 21.04.291.1) X Pet supply shops X Pool halls, billiards parlors (subject to Section 21.42.140(8)(110); defined: 2 Section 21.04.292) Private clubs, fraternities, sororities and lodges, excepting those the chief activity of X which is a service customarily carried on as a business Public meeting halls, exhibit halls, and museums 2 Public/quasi-public buildings and facilities and accessory utility buildings/facilities 2 (defined: Section 21.04.297) Racetracks 3 Radio/television/microwave/broadcast station/tower 2 Realtors X Recreation facilities 1 Recycling collection facilities, large (subject to Chapter 21.105 of this title; defined: 2 Section 21.105.015) Recycling collection facilities, small (subject to Chapter 21.105 of this title; defined: 1 Section 21.105.015) Religious reading room (separate from church) 1 Residential uses (subject to Section 21.26.015 of this title) X Restaurants (bona fide public eating establishment) (defined: Section 21.04.056) X Restaurants (excluding drive-thru restaurants), tea rooms or cafes (excluding dancing or X entertainment and on-sale liquor) March 15, 2023 Item #1 Page 84 of 103 Use p CUP Ace Satellite television antennae (subject to Section 21.53.130-21.53.150; defined: X Section 21.04.302) Shoe, clothing or wearing apparel stores X Signs (subject to Chapter 21.41) X Stadiums 3 Tattoo parlors (subject to Section 21.42.140(8)(140)) 3 Theaters (motion picture or live) -Indoor 2 Theaters, stages, amphitheaters - Outdoor 3 Thrift shops (subject to Section 21.42.140(8)(150)) 1 Transit passenger terminals (bus and train) 2 Veterinary clinic/animal hospital (small animals) (defined: Section 21.04.378) 1 Welfare and charitable service (private or semi-private) with no permanent residential 1 uses (i.e., Goodwill, Red Cross, Traveler's Aid) Windmills (exceeding height limit of zone) (subject to Section 21.42.140(8)(160)) 2 Wireless communication facilities (subject to Section 21.42.140{8)(165); defined: 1/2 Section 21.04.379) Youth organizations (e.g., Boy Scouts, Girl Scouts, Boys and Girls Clubs, YMCA, YWCA, 1 except lodgings) Note: 1.Any use meeting the definition of an entertainment establishment, as defined in Section 8.09.020 of the Carlsbad Municipal Code (CMC), shall be subject to the requirements of CMC Chapter 8.09. Use 16.That Table A of Section 21.28.010 is amended by the addition of a new use listing for "Personal services ... " as shown below: p CUP Ace Personal services (defined: section 21.04.291.1) X Use 17.That Table A of Section 21.29.030 is amended by the addition of a new use listing for "Personal services ... " as shown below, and by the deletion of the use listing for "Services (personal), limited to ... ": p CUP Ace Personal services (defined: section 21.04.291.1) X Use 18.That Table A of Section 21.31.020 is amended by the addition of a new use listing for "Personal services ... " as shown below, and by the deletion of the use listing for "Services, provided directly to consumers ... ": p CUP Ace Personal services (defined: section 21.04.291.1) X March 15, 2023 Item #1 Page 85 of 103 19.That subsection A.1 of Section 21.31.060 is amended as shown below: 1.Required eating areas for employees (subject to Section 21.31.080(K)); 20.That Section 21.37.090 is amended as shown below: 21.37.090 Design criteria. A.The following design criteria shall apply to all mobile home parks to the extent permitted according to California Health and Safety Code §18200, et seq. and §18665 et seq., respectively: 1.The overall plan shall be comprehensive, embracing land, buildings for common use or park service and maintenance, landscaping and their interrelationships, and shall conform to adopted plans for all governmental agencies for the area in which the proposed development is located; 2.The plan shall provide for adequate circulation, off-street parking, open recreational areas and other pertinent amenities. Buildings, structures and facilities for common use in the park or for service and maintenance of the park shall be well integrated, oriented and related to the topographic and natural landscape features of the site; 3.The proposed development shall be compatible with existing and planned land use and with circulation patterns on adjoining properties. It shall not constitute a disruptive element to the neighborhood or community; and 4.Common areas and recreational facilities shall be located so as to be readily accessible to the occupants of the dwelling units and shall be well related to any common open spaces provided. 21.That Section 21.37.100 is amended as shown below: 21.37.100 Development standards. A.A mobile home park shall comply with the following development standards and any applicable standards under state law: 1.A mobile home park shall be not less than five acres for a condominium or planned unit development park and fifteen acres for a rental park; 2.Parking shall be provided subject to the provisions of Chapter 21.44 of this title; 3.Mobile home park streets shall be provided in such a pattern as to provide convenient traffic circulation within the mobile home park. Such streets shall be built to the following standards: a.No roadway shall be less than thirty-four feet in width, b.There shall be concrete curbs on each side of the streets, c.The mobile home park streets shall be paved according to standards established by the city engineer, d.Mobile home park streets shall be lighted in accordance with the standards established by the city engineer; March 15, 2023 Item #1 Page 86 of 103 Use 4.The city council may permit decentralization of the recreational facilities in accordance with principles of good planning; 5.Common trash-bin enclosures shall be provided. They shall be of masonry construction and compatible with the mobile home park; 6.Service buildings and facilities shall be strategically located throughout the park for convenient access from mobile homes. No service building shall be closer than twenty feet to any property adjacent to the mobile home park; 7.Mobile home parks shall be enclosed by solid masonry fences, six feet in height, subject to city planner approval, along dedicated street frontages; and 8.All new mobile homes shall bear a valid insignia of approval issued by the State Department of Housing and Community Development. 22.That within Table A of Section 21.44.020, the number of off-street parking spaces for the Residential Care Facility use is amended as follows: Number of Off-Street Parking Spaces Residential Uses Residential Care Two spaces per unit, provided as either: Facilities •A two-car garage (minimum interior 20 feet x 20 feet); or•Two separate one-car garages (minimum interior 12 feet x 20feet each); 23.That Section 21.42.110 of the Carlsbad Municipal Code is amended as shown below: 21.42.110 Expiration, extensions and amendments. A.Expiration of Permit if Not Exercised. The expiration period for an approved minor conditional use permit or conditional use permit shall be as specified in Section 21.58.030 of this title. B.Extension of Permit if Not Exercised. The expiration period for an approved minor conditional use permit or conditional use permit may be extended pursuant to Section 21.58.040 of this title. C.Expiration of Permit. Such rights and privileges granted under a minor conditional use permit or conditional use permit shall also expire at such time as the city planner/planning commission/city council may designate in the approval of the minor conditional use permit or conditional use permit. D.All existing conditional use permits, which include an expiration date and a requirement to extend the permit, may be hereby approved administratively by the city planner in perpetuity without the requirement to extend the conditional use permit. E.An approved minor conditional use permit or conditional use permit may be amended pursuant to the provisions of Section 21.54.125 of this title. March 15, 2023 Item #1 Page 87 of 103 24.That Table F of Section 21.45.090 is amended as shown below: Table F Residential Additions and Accessory Uses to One-Family Dwellings and Twin-Homes on Small Lots Minimum Front Yard Minimum Side and Rear Addition/ Accessory Use Setback Yard Setbacks 10 feet to posts 5 feet to posts Attached/detached patio covers(2l (2-foot overhang (2-foot overhang permitted) permitted) Non-habitable detached accessory buildings/structures (e.g., garages, workshops, decks over 30 inches in 20 feet 5 feet height)(1l,(2L(3l Habitable detached accessory buildings (i.e. guest houses and accessory dwelling units)!2l, !3l, !4l Same setbacks as required for the primary dwelling Additions to dwelling (attached) Same setbacks as required for the dwelling Notes: (1)Maximum building height is 1 story and 14 feet with a 3:12 roof pitch or 10 feet with less than a 3:12 roof pitch. (2)Minimum 10-foot separation required between a habitable building and any other detached accessory building/structure. (3)Must be. architecturally compatible with the existing structure. (4)Except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030. 25.That Chapter 21.53 of the Carlsbad Municipal Code is amended by the addition of a new section as shown below: 21.53.260 Small wireless facilities {SWF). Small wireless facilities shall comply with City Council Policy Statement No. 64. An application for an SWF located on public or private property may be processed as a building permit, and an application for an SWF located within the public right-of-way of roads may be processed as a right-of-way permit pursuant to Title 11 of the Carlsbad Municipal Code. (b) 26.That subsection (b) of Section 21.53.230 of the Carlsbad Municipal Code is amended as shown below: Undevelopable Lands. (1)The following lands are undevelopable and shall be excluded from density calculation: (A)Beaches; (B) (C) (D) (E) (F) Permanent bodies of water; Floodways; Natural slopes with an inclination of greater than 40% except as permitted pursuant to Section 21.95.140.B of this code; Significant wetlands; Significant riparian or woodland habitats; March 15, 2023 Item #1 Page 88 of 103 (G)Land subject to major power transmission easements; (H)Railroad track beds; (2)The following lands are undevelopable but may be included in density calculation, unless such lands meet any of the criteria listed Section 21.53.230(b)(1). (A)Land upon which other significant environmental features as determined by the environmental review process for a project are located; (B)Hardlined habitat preserve areas as identified in the Carlsbad Habitat Management Plan. 27.That subsection C of Section 21.54.125 is amended as follows: C.If an approved development permit was issued pursuant to the provisions of Section 21.54.040 of this title, any amendment to said permit shall be acted on by the decision-making authority that approved the original permit, except that if the city council approved the original permit, the planning commission shall have the authority to act upon the amendment. 28.That subsection F of Section 21.83.020 of the Carlsbad Municipal Code is amended as shown below: F."Family day care home" means a dwelling which regularly provides non medical care, protection, and supervision of fourteen or fewer children, in the provider's own home, for periods of less than twenty-four hours per day, while the parents or guardians are away. The actual number of children permitted in a family day care home is based on age composition as determined by the permitting agency. Family day care homes include either of the following: 1."Large family day care home," means a dwelling which provides family day care for seven to fourteen children, inclusive, including children under the age of ten years who reside at the home as defined in Section 1596. 78 of the California Health and Safety Code and as permitted by the licensing agency; 2."Small family day care home," means a dwelling which provides family day care for eight or fewer children, including children under the age of ten years who reside at the home as defined in Section 1596.78 of the California Health and Safety Code and as permitted by the licensing agency. 29.That Section 21.83.040 of the Carlsbad Municipal Code is amended as shown below: 21.83.040 Use chart. The following use chart indicates the zones where small and large family day care homes and child day care centers are permitted, subject to the requirements of this chapter. "P" indicates that the use is permitted in the zone. "MCUP" indicates that the use is permitted subject to approval of a minor conditional use permit (process one) processed in accordance with Chapter 21.42 of this title. March 15, 2023 Item #1 Page 89 of 103 "CUP" indicates that the use is permitted subject to approval of a conditional use permit (process two) processed in accordance with Chapter 21.42 of this title. "X" indicates that the use is prohibited in the zone. Small Family Day Care Large Family Day Care Home (8 or fewer Home (14 or fewer Zoning children) children) Child Day Care Center R-A, R-E, E-A p p X R-1 p p X R-2 p p X R-3, RD-M, R-P p p MCUP(1)(2) R-T, R-W, RMHP p p X 0 X X MCUP(1)(2) H-0 X X P{l) C-F X X MCUP(1)(2) C-1, C-2, C-L X X P(l) P-M, C-M X X CUP(4) M, P-U, 0-5, L-C, T-C, C-T X X X V-8, P-C (3) (3) (1)(2)(3) Notes: (1)Permitted subject to the provisions of Section 21.83.080 of this chapter. (2)Child day care centers are allowed as a permitted use (no conditional use permit or minor conditional use permit required) within existing buildings on developed church or school sites, subject to the provisions of Section 21.83.080 of this chapter. (3)Permitted subject to the standards of the controlling document (Village and Barrio master plan or designated master plan). (4)Permitted subject to the provisions of Sections 21.83.060 and 21.83.080 of this chapter. 30.That Section 21.83.050 is amended as shown below: 21.83.050 Requirements for large family day care homes. A.The applicant shall obtain all licenses and permits required by state law for operation of the facility and shall keep all state licenses or permits valid and current. B.Development Standards. 1.The facility shall comply with all zoning standards otherwise applicable to other residences, however, the use of a dwelling for the purposes of this section shall not constitute a change of occupancy for purposes of Title 18 of this code. 2.The facility shall comply with all standards relating to fire and life safety applicable to residences established by the state fire marshal contained in Title 24 of the California Code of Regulations as amended from time to time. 3.An outdoor play area which satisfies the requirements of the state, community care licensing division shall be provided in the rear yard and shall be enclosed by a natural barrier, wall, solid fence, or other solid structure a minimum of five feet in height. The provider shall ensure that outdoor play times do not begin until after nine a.m. and end before five p.m. The provider shall stagger the number of children playing outdoors at any one time to reduce noise impacts on surrounding residences. March 15, 2023 Item #1 Page 90 of 103 4.All outdoor play areas shall be adequately separated from vehicular circulation and parking areas by a strong fence such as chain link, wood or masonry. 5.Required garages shall be prohibited for use as a family day care home and shall be utilized for parking two of the applicant's onsite vehicles during the daily operation of the day care home rather than parking the vehicles on the street or in the driveway. 6.The applicant shall designate the onsite driveway as the official drop-off and pick-up area for children and shall notify parents of this requirement. Said driveway shall remain free and clear of parked cars. 7.The applicant shall require that employees park in locations which will not inconvenience nearby residents. To disrupt the neighborhood as little as possible, best efforts shall be made by the applicant to require employees to park as close as possible to the family day care home. 31.That subsection E.1.b of Section 21.210.070 is amended as shown below: b.HMP Permit. i.An application for a HMP permit may be approved, conditionally approved or denied by the planning commission or city council, as specified in Section 21.54.040 of this title. ii.The decision on a HMP permit shall be based upon the decision-making authority's review of the facts as set forth in the application, of the circumstances of the particular case, and evidence presented at the public hearing. iii.The decision-making authority shall hear the matter and may approve or conditionally approve the HMP permit if all of the findings of fact in subsection F of this section are found to exist. 32.That the following list of sections are amended by the substitution of the 1994 General Plan Land Use designation titles with the updated titles from the 2015 General Plan as shown in the table below: 21.08.010 Intent and purpose 21.10.010 Intent and purpose. 21.12.010 Intent and purpose. 21.16.010 Intent and purpose. 21.18.010 Intent and purpose. 21.22.010 Intent and purpose. 21.24.010 Intent and purpose. 21.29.010 Intent and purpose. 21.43.020 Definitions. March 15, 2023 Item #1 Page 91 of 103 1994 General Plan 2015 Gelleral Plan Land Use Deslanatlon 11tles Land Use Deslanatlon Titles Residential Low Density (RL) R-1.5 (Residential 0-1.5 du/ac) Residential Low-Medium Density {RLM) R-4 (Residential 0-4 du/ac) Residential Medium Density (R-M) R-8 (Residential 4-8 du/ac) Residential Medium-High Density {RMH) R-15 {Residential 8-15 du/ac) Residential High Density (RH) R-23 (Residential 15-23 du/ac) Travel/Recreational Commercial {T-R) Visitor Commercial {V-C) 33.That the following list of sections are amended by the substitution of the 1994 General Plan Land Use designation labels with updated labels from the 2015 General Plan as shown in the table below: 21.08.070 Minimum lot area. 21.10.090 Minimum lot area. 21.18.020 Permitted uses. 21.24.020 Permitted uses. 21.24.100 Lot area. 21.45.040 Permitted zones and uses. 21.45.060 General development standards. 21.45.070 Development standards for one-family dwellings and twin-homes on small lots. 21.45.080 Development standards for condominium projects. 21.90.045 Growth management residential control point established. 1994 General Plan 2015 General Plan Land Use: -on Title Symbols Land Use-:--�--n Tltle Symbols RL R-1.5 RLM R-4 R-M R-8 RMH R-15 RH R-23 T-R V-C EFFECTIVE DATE OF THIS ORDINANCE APPLICABLE TO PROPERTIES OUSTIDE THE COASTAL ZONE: This ordinance shall be effective thirty days after its adoption; and the City Clerk shall certify the adoption of this ordinance and cause the full text of the ordinance or a summary of the ordinance prepared by the City Attorney to be published at least once in a newspaper of general circulation in the City of Carlsbad within fifteen days after its adoption. March 15, 2023 Item #1 Page 92 of 103 . ~ ·--:· ~-~·-•tJ EFFECTIVE DATE OF THIS ORDINANCE APPLICABLE TO PROPERTIES INSIDE THE COASTAL ZONE: This ordinance shall be effective thirty days after its adoption or upon Coastal Commission approval of LCPA 2022-0014, whichever occurs later; and the City Clerk shall certify the adoption of this ordinance and cause the full text of the ordinance or a summary of the ordinance prepared by the City Attorney to be published at least once in a newspaper of general circulation in the City of Carlsbad within fifteen days after its adoption. INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on the 13th day of September, 2022, and thereafter PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 27th day of September, 2022, by the following vote, to wit: AYES: NAYS: Hall, Blackburn, Bhat-Patel, Acosta, Norby. None. ABSENT: None. APPROVED AS TO FORM AND LEGALITY: U4idaL-� CINDIE McMAHON, CITY ATTORNEY MATT HALL, Mayor t!fy LrvFAVIOLA MEDINA, City Clerk Services Manager f -(SEAL) March 15, 2023 Item #1 Page 93 of 103 State of California GOVERNMENT CODE Section 65852.2 65852.2. (a) (1) A local agency may, by ordinance, provide for the creation of accessory dwelling units in areas zoned to allow single-family or multifamily dwelling residential use. The ordinance shall do all of the following: (A) Designate areas within the jurisdiction of the local agency where accessory dwelling units may be permitted. The designation of areas may be based on the adequacy of water and sewer services and the impact of accessory dwelling units on traffic flow and public safety. A local agency that does not provide water or sewer services shall consult with the local water or sewer service provider regarding the adequacy of water and sewer services before designating an area where accessory dwelling units may be permitted. (B) (i) Impose objective standards on accessory dwelling units that include, but are not limited to, parking, height, setback, landscape, architectural review, maximum size of a unit, and standards that prevent adverse impacts on any real property that is listed in the California Register of Historical Resources. These standards shall not include requirements on minimum lot size. (ii) Notwithstanding clause (i), a local agency may reduce or eliminate parking requirements for any accessory dwelling unit located within its jurisdiction. (C) Provide that accessory dwelling units do not exceed the allowable density for the lot upon which the accessory dwelling unit is located, and that accessory dwelling units are a residential use that is consistent with the existing general plan and zoning designation for the lot. (D) Require the accessory dwelling units to comply with all of the following: (i)Except as provided in Section 65852.26, the accessory dwelling unit may be rented separate from the primary residence, but may not be sold or otherwise conveyed separate from the primary residence. (ii)The lot is zoned to allow single-family or multifamily dwelling residential use and includes a proposed or existing dwelling. (iii) The accessory dwelling unit is either attached to, or located within, the proposed or existing primary dwelling, including attached garages, storage areas or similar uses, or an accessory structure or detached from the proposed or existing primary dwelling and located on the same lot as the proposed or existing primary dwelling, including detached garages. (iv) If there is an existing primary dwelling, the total floor area of an attached accessory dwelling unit shall not exceed 50 percent of the existing primary dwelling. (v) The total floor area for a detached accessory dwelling unit shall not exceed 1,200 square feet. STATE OF CALIFORNIA AUTHENTICATED ELECTRONIC LEGAL MATERIAL Exhibit 7 March 15, 2023 Item #1 Page 94 of 103 ® ..-;::, LEGISlATIVE COUNSEL BUREAU (vi) No passageway shall be required in conjunction with the construction of an accessory dwelling unit. (vii) No setback shall be required for an existing living area or accessory structure or a structure constructed in the same location and to the same dimensions as an existing structure that is converted to an accessory dwelling unit or to a portion of an accessory dwelling unit, and a setback of no more than four feet from the side and rear lot lines shall be required for an accessory dwelling unit that is not converted from an existing structure or a new structure constructed in the same location and to the same dimensions as an existing structure. (viii) Local building code requirements that apply to detached dwellings, except that the construction of an accessory dwelling unit shall not constitute a Group R occupancy change under the local building code, as described in Section 310 of the California Building Code (Title 24 of the California Code of Regulations), unless the building official or enforcement agency of the local agency makes a written finding based on substantial evidence in the record that the construction of the accessory dwelling unit could have a specific, adverse impact on public health and safety. Nothing in this clause shall be interpreted to prevent a local agency from changing the occupancy code of a space that was unhabitable space or was only permitted for nonresidential use and was subsequently converted for residential use pursuant to this section. (ix) Approval by the local health officer where a private sewage disposal system is being used, if required. (x) (I) Parking requirements for accessory dwelling units shall not exceed one parking space per accessory dwelling unit or per bedroom, whichever is less. These spaces may be provided as tandem parking on a driveway. (II) Offstreet parking shall be permitted in setback areas in locations determined by the local agency or through tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions. (III) This clause shall not apply to an accessory dwelling unit that is described in subdivision (d). (xi) When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit or converted to an accessory dwelling unit, the local agency shall not require that those offstreet parking spaces be replaced. (xii) Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary residence. The construction of an accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling. (2) The ordinance shall not be considered in the application of any local ordinance, policy, or program to limit residential growth. (3) (A) A permit application for an accessory dwelling unit or a junior accessory dwelling unit shall be considered and approved ministerially without discretionary review or a hearing, notwithstanding Section 65901 or 65906 or any local ordinance March 15, 2023 Item #1 Page 95 of 103 regulating the issuance of variances or special use permits. The permitting agency shall either approve or deny the application to create or serve an accessory dwelling unit or a junior accessory dwelling unit within 60 days from the date the permitting agency receives a completed application if there is an existing single-family or multifamily dwelling on the lot. If the permit application to create or serve an accessory dwelling unit or a junior accessory dwelling unit is submitted with a permit application to create a new single-family or multifamily dwelling on the lot, the permitting agency may delay approving or denying the permit application for the accessory dwelling unit or the junior accessory dwelling unit until the permitting agency approves or denies the permit application to create the new single-family or multifamily dwelling, but the application to create or serve the accessory dwelling unit or junior accessory dwelling unit shall be considered without discretionary review or hearing. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay. If the local agency has not approved or denied the completed application within 60 days, the application shall be deemed approved.A local agency may charge a fee to reimburse it for costs incurred to implement this paragraph, including the costs of adopting or amending any ordinance that provides for the creation of an accessory dwelling unit. (B) If a permitting agency denies an application for an accessory dwelling unit or junior accessory dwelling unit pursuant to subparagraph (A), the permitting agency shall, within the time period described in subparagraph (A), return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant. (4) The ordinance shall require that a demolition permit for a detached garage that is to be replaced with an accessory dwelling unit be reviewed with the application for the accessory dwelling unit and issued at the same time. (5) The ordinance shall not require, and the applicant shall not be otherwise required, to provide written notice or post a placard for the demolition of a detached garage that is to be replaced with an accessory dwelling unit, unless the property is located within an architecturally and historically significant historic district. (6) An existing ordinance governing the creation of an accessory dwelling unit by a local agency or an accessory dwelling ordinance adopted by a local agency shall provide an approval process that includes only ministerial provisions for the approval of accessory dwelling units and shall not include any discretionary processes, provisions, or requirements for those units, except as otherwise provided in this subdivision. If a local agency has an existing accessory dwelling unit ordinance that fails to meet the requirements of this subdivision, that ordinance shall be null and void and that agency shall thereafter apply the standards established in this subdivision for the approval of accessory dwelling units, unless and until the agency adopts an ordinance that complies with this section. (7) No other local ordinance, policy, or regulation shall be the basis for the delay or denial of a building permit or a use permit under this subdivision. (8) (A) This subdivision establishes the maximum standards that local agencies shall use to evaluate a proposed accessory dwelling unit on a lot that includes a March 15, 2023 Item #1 Page 96 of 103 proposed or existing single-family dwelling. No additional standards, other than those provided in this subdivision, shall be used or imposed, except that, subject to subparagraphs (B) and (C), a local agency may require an applicant for a permit issued pursuant to this subdivision to be an owner-occupant. (B) (i) Notwithstanding subparagraph (A), a local agency shall not impose an owner-occupant requirement on an accessory dwelling unit before January 1, 2025. (ii) Notwithstanding subparagraph (A), a local agency shall not impose an owner-occupant requirement on an accessory dwelling unit that was permitted between January 1, 2020, and January 1, 2025. (C) Notwithstanding subparagraphs (A) and (B), a local agency may require that an accessory dwelling unit be used for rentals of terms longer than 30 days. (9) A local agency may amend its zoning ordinance or general plan to incorporate the policies, procedures, or other provisions applicable to the creation of an accessory dwelling unit if these provisions are consistent with the limitations of this subdivision. (10) An accessory dwelling unit that conforms to this subdivision shall be deemed to be an accessory use or an accessory building and shall not be considered to exceed the allowable density for the lot upon which it is located, and shall be deemed to be a residential use that is consistent with the existing general plan and zoning designations for the lot. The accessory dwelling unit shall not be considered in the application of any local ordinance, policy, or program to limit residential growth. (b) (1) When a local agency that has not adopted an ordinance governing accessory dwelling units in accordance with subdivision (a) receives an application for a permit to create or serve an accessory dwelling unit pursuant to this subdivision, the local agency shall approve or disapprove the application ministerially without discretionary review pursuant to subdivision (a). The permitting agency shall either approve or deny the application to create or serve an accessory dwelling unit or a junior accessory dwelling unit within 60 days from the date the permitting agency receives a completed application if there is an existing single-family or multifamily dwelling on the lot. If the permit application to create or serve an accessory dwelling unit or a junior accessory dwelling unit is submitted with a permit application to create or serve a new single-family or multifamily dwelling on the lot, the permitting agency may delay approving or denying the permit application for the accessory dwelling unit or the junior accessory dwelling unit until the permitting agency approves or denies the permit application to create or serve the new single-family or multifamily dwelling, but the application to create or serve the accessory dwelling unit or junior accessory dwelling unit shall still be considered ministerially without discretionary review or a hearing. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay. If the local agency has not approved or denied the completed application within 60 days, the application shall be deemed approved. (2) If a permitting agency denies an application for an accessory dwelling unit or junior accessory dwelling unit pursuant to paragraph (1), the permitting agency shall, within the time period described in paragraph (1), return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant. March 15, 2023 Item #1 Page 97 of 103 (c) (1) Subject to paragraph (2), a local agency may establish minimum and maximum unit size requirements for both attached and detached accessory dwelling units. (2) Notwithstanding paragraph (1), a local agency shall not establish by ordinance any of the following: (A) A minimum square footage requirement for either an attached or detached accessory dwelling unit that prohibits an efficiency unit. (B) A maximum square footage requirement for either an attached or detached accessory dwelling unit that is less than either of the following: (i) 850 square feet. (ii) 1,000 square feet for an accessory dwelling unit that provides more than one bedroom. (C) Any requirement for a zoning clearance or separate zoning review or any other minimum or maximum size for an accessory dwelling unit, size based upon a percentage of the proposed or existing primary dwelling, or limits on lot coverage, floor area ratio, open space, front setbacks, and minimum lot size, for either attached or detached dwellings that does not permit at least an 800 square foot accessory dwelling unit with four-foot side and rear yard setbacks to be constructed in compliance with all other local development standards. (D) Any height limitation that does not allow at least the following, as applicable: (i) A height of 16 feet for a detached accessory dwelling unit on a lot with an existing or proposed single family or multifamily dwelling unit. (ii) A height of 18 feet for a detached accessory dwelling unit on a lot with an existing or proposed single family or multifamily dwelling unit that is within one-half of one mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code. A local agency shall also allow an additional two feet in height to accommodate a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the primary dwelling unit. (iii) A height of 18 feet for a detached accessory dwelling unit on a lot with an existing or proposed multifamily, multistory dwelling. (iv) A height of 25 feet or the height limitation in the local zoning ordinance that applies to the primary dwelling, whichever is lower, for an accessory dwelling unit that is attached to a primary dwelling. This clause shall not require a local agency to allow an accessory dwelling unit to exceed two stories. (d) Notwithstanding any other law, and whether or not the local agency has adopted an ordinance governing accessory dwelling units in accordance with subdivision (a), all of the following shall apply: (1) The local agency shall not impose any parking standards for an accessory dwelling unit in any of the following instances: (A) Where the accessory dwelling unit is located within one-half mile walking distance of public transit. (B) Where the accessory dwelling unit is located within an architecturally and historically significant historic district. March 15, 2023 Item #1 Page 98 of 103 (C) Where the accessory dwelling unit is part of the proposed or existing primary residence or an accessory structure. (D) When onstreet parking permits are required but not offered to the occupant of the accessory dwelling unit. (E) When there is a car share vehicle located within one block of the accessory dwelling unit. (F) When a permit application for an accessory dwelling unit is submitted with a permit application to create a new single-family dwelling or a new multifamily dwelling on the same lot, provided that the accessory dwelling unit or the parcel satisfies any other criteria listed in this paragraph. (2) The local agency shall not deny an application for a permit to create an accessory dwelling unit due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the accessory dwelling unit. (e) (1) Notwithstanding subdivisions (a) to (d), inclusive, a local agency shall ministerially approve an application for a building permit within a residential or mixed-use zone to create any of the following: (A) One accessory dwelling unit and one junior accessory dwelling unit per lot with a proposed or existing single-family dwelling if all of the following apply: (i) The accessory dwelling unit or junior accessory dwelling unit is within the proposed space of a single-family dwelling or existing space of a single-family dwelling or accessory structure and may include an expansion of not more than 150 square feet beyond the same physical dimensions as the existing accessory structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress. (ii) The space has exterior access from the proposed or existing single-family dwelling. (iii) The side and rear setbacks are sufficient for fire and safety. (iv) The junior accessory dwelling unit complies with the requirements of Section 65852.22. (B) One detached, new construction, accessory dwelling unit that does not exceed four-foot side and rear yard setbacks for a lot with a proposed or existing single-family dwelling. The accessory dwelling unit may be combined with a junior accessory dwelling unit described in subparagraph (A). A local agency may impose the following conditions on the accessory dwelling unit: (i) A total floor area limitation of not more than 800 square feet. (ii) A height limitation as provided in clause (i), (ii), or (iii) as applicable, of subparagraph (D) of paragraph (2) of subdivision (c). (C) (i) Multiple accessory dwelling units within the portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings. March 15, 2023 Item #1 Page 99 of 103 (ii) A local agency shall allow at least one accessory dwelling unit within an existing multifamily dwelling and shall allow up to 25 percent of the existing multifamily dwelling units. (D) (i) Not more than two accessory dwelling units that are located on a lot that has an existing or proposed multifamily dwelling, but are detached from that multifamily dwelling and are subject to a height limitation in clause (i), (ii), or (iii), as applicable, of subparagraph (D) of paragraph (2) of subdivision (c) and rear yard and side setbacks of no more than four feet. (ii) If the existing multifamily dwelling has a rear or side setback of less than four feet, the local agency shall not require any modification of the existing multifamily dwelling as a condition of approving the application to construct an accessory dwelling unit that satisfies the requirements of this subparagraph. (2) A local agency shall not require, as a condition for ministerial approval of a permit application for the creation of an accessory dwelling unit or a junior accessory dwelling unit, the correction of nonconforming zoning conditions. (3) The installation of fire sprinklers shall not be required in an accessory dwelling unit if sprinklers are not required for the primary residence. The construction of an accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in the existing multifamily dwelling. (4) A local agency may require owner-occupancy for either the primary dwelling or the accessory dwelling unit on a single-family lot, subject to the requirements of paragraph (8) of subdivision (a). (5) A local agency shall require that a rental of the accessory dwelling unit created pursuant to this subdivision be for a term longer than 30 days. (6) A local agency may require, as part of the application for a permit to create an accessory dwelling unit connected to an onsite wastewater treatment system, a percolation test completed within the last five years, or, if the percolation test has been recertified, within the last 10 years. (7) Notwithstanding subdivision (c) and paragraph (1) a local agency that has adopted an ordinance by July 1, 2018, providing for the approval of accessory dwelling units in multifamily dwelling structures shall ministerially consider a permit application to construct an accessory dwelling unit that is described in paragraph (1), and may impose objective standards including, but not limited to, design, development, and historic standards on said accessory dwelling units. These standards shall not include requirements on minimum lot size. (f) (1) Fees charged for the construction of accessory dwelling units shall be determined in accordance with Chapter 5 (commencing with Section 66000) and Chapter 7 (commencing with Section 66012). (2) An accessory dwelling unit shall not be considered by a local agency, special district, or water corporation to be a new residential use for purposes of calculating connection fees or capacity charges for utilities, including water and sewer service, unless the accessory dwelling unit was constructed with a new single-family dwelling. (3) (A) A local agency, special district, or water corporation shall not impose any impact fee upon the development of an accessory dwelling unit less than 750 square March 15, 2023 Item #1 Page 100 of 103 feet. Any impact fees charged for an accessory dwelling unit of 750 square feet or more shall be charged proportionately in relation to the square footage of the primary dwelling unit. (B) For purposes of this paragraph, “impact fee” has the same meaning as the term “fee” is defined in subdivision (b) of Section 66000, except that it also includes fees specified in Section 66477. “Impact fee” does not include any connection fee or capacity charge charged by a local agency, special district, or water corporation. (4) For an accessory dwelling unit described in subparagraph (A) of paragraph (1) of subdivision (e), a local agency, special district, or water corporation shall not require the applicant to install a new or separate utility connection directly between the accessory dwelling unit and the utility or impose a related connection fee or capacity charge, unless the accessory dwelling unit was constructed with a new single-family dwelling. (5) For an accessory dwelling unit that is not described in subparagraph (A) of paragraph (1) of subdivision (e), a local agency, special district, or water corporation may require a new or separate utility connection directly between the accessory dwelling unit and the utility. Consistent with Section 66013, the connection may be subject to a connection fee or capacity charge that shall be proportionate to the burden of the proposed accessory dwelling unit, based upon either its square feet or the number of its drainage fixture unit (DFU) values, as defined in the Uniform Plumbing Code adopted and published by the International Association of Plumbing and Mechanical Officials, upon the water or sewer system. This fee or charge shall not exceed the reasonable cost of providing this service. (g) This section shall supersede a conflicting local ordinance. This section does not limit the authority of local agencies to adopt less restrictive requirements for the creation of an accessory dwelling unit. (h) (1) A local agency shall submit a copy of the ordinance adopted pursuant to subdivision (a) to the Department of Housing and Community Development within 60 days after adoption. After adoption of an ordinance, the department may submit written findings to the local agency as to whether the ordinance complies with this section. (2) (A) If the department finds that the local agency’s ordinance does not comply with this section, the department shall notify the local agency and shall provide the local agency with a reasonable time, no longer than 30 days, to respond to the findings before taking any other action authorized by this section. (B) The local agency shall consider the findings made by the department pursuant to subparagraph (A) and shall do one of the following: (i) Amend the ordinance to comply with this section. (ii) Adopt the ordinance without changes. The local agency shall include findings in its resolution adopting the ordinance that explain the reasons the local agency believes that the ordinance complies with this section despite the findings of the department. (3) (A) If the local agency does not amend its ordinance in response to the department’s findings or does not adopt a resolution with findings explaining the March 15, 2023 Item #1 Page 101 of 103 reason the ordinance complies with this section and addressing the department’s findings, the department shall notify the local agency and may notify the Attorney General that the local agency is in violation of state law. (B) Before notifying the Attorney General that the local agency is in violation of state law, the department may consider whether a local agency adopted an ordinance in compliance with this section between January 1, 2017, and January 1, 2020. (i) The department may review, adopt, amend, or repeal guidelines to implement uniform standards or criteria that supplement or clarify the terms, references, and standards set forth in this section. The guidelines adopted pursuant to this subdivision are not subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2. (j) As used in this section, the following terms mean: (1) “Accessory dwelling unit” means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. An accessory dwelling unit also includes the following: (A) An efficiency unit. (B) A manufactured home, as defined in Section 18007 of the Health and Safety Code. (2) “Accessory structure” means a structure that is accessory and incidental to a dwelling located on the same lot. (3) “Efficiency unit” has the same meaning as defined in Section 17958.1 of the Health and Safety Code. (4) “Living area” means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure. (5) “Local agency” means a city, county, or city and county, whether general law or chartered. (6) “Nonconforming zoning condition” means a physical improvement on a property that does not conform with current zoning standards. (7) “Objective standards” means standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal. (8) “Passageway” means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit. (9) “Permitting agency” means any entity that is involved in the review of a permit for an accessory dwelling unit or junior accessory dwelling unit and for which there is no substitute, including, but not limited to, applicable planning departments, building departments, utilities, and special districts. (10) “Proposed dwelling” means a dwelling that is the subject of a permit application and that meets the requirements for permitting. March 15, 2023 Item #1 Page 102 of 103 (11) “Public transit” means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public. (12) “Tandem parking” means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another. (k) A local agency shall not issue a certificate of occupancy for an accessory dwelling unit before the local agency issues a certificate of occupancy for the primary dwelling. (l) Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code), except that the local government shall not be required to hold public hearings for coastal development permit applications for accessory dwelling units. (m) A local agency may count an accessory dwelling unit for purposes of identifying adequate sites for housing, as specified in subdivision (a) of Section 65583.1, subject to authorization by the department and compliance with this division. (n) In enforcing building standards pursuant to Article 1 (commencing with Section 17960) of Chapter 5 of Part 1.5 of Division 13 of the Health and Safety Code for an accessory dwelling unit described in paragraph (1) or (2), a local agency, upon request of an owner of an accessory dwelling unit for a delay in enforcement, shall delay enforcement of a building standard, subject to compliance with Section 17980.12 of the Health and Safety Code: (1) The accessory dwelling unit was built before January 1, 2020. (2) The accessory dwelling unit was built on or after January 1, 2020, in a local jurisdiction that, at the time the accessory dwelling unit was built, had a noncompliant accessory dwelling unit ordinance, but the ordinance is compliant at the time the request is made. (Amended (as amended by Stats. 2021, Ch. 343, Sec. 1) by Stats. 2022, Ch. 664, Sec. 2.5. (SB 897) Effective January 1, 2023.) March 15, 2023 Item #1 Page 103 of 103