Bill Text: CA SB1069 | 2015-2016 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Land use: zoning.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Passed) 2016-09-27 - Chaptered by Secretary of State. Chapter 720, Statutes of 2016. [SB1069 Detail]

Download: California-2015-SB1069-Amended.html

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BILL NUMBER: SB 1069	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 6, 2016

INTRODUCED BY   Senator Wieckowski

                        FEBRUARY 16, 2016

   An act to amend  Section 65852.150   Sections
65582.1, 65583.1, 65589.4, 65852.150, 65852.2, and 66412.2  of
the Government Code, relating to land use.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1069, as amended, Wieckowski. Land use: zoning.
   The Planning and Zoning Law authorizes the legislative body of a
city or county to regulate, among other things, the intensity of land
use, and also authorizes a local agency to provide by ordinance for
the creation of 2nd units in single-family and multifamily
residential zones, as specified. That law makes findings and
declarations with respect to the value of 2nd units to California's
housing supply.
   This bill would  replace the term "second unit" with
"accessory dwelling unit" throughout the law. The bill would 
add to those findings and declarations that allowing  2nd
  accessory dwelling  units in single-family or
multifamily residential zones provides additional rental housing
stock  and are an essential component of housing supply  in
California. 
   This bill would require an ordinance for the creation of accessory
dwelling units to include specified provisions regarding areas where
accessory dwelling units may be located, standards, and lot density.
This bill would revise requirements for the approval or disapproval
of an accessory dwelling unit application when a local agency has not
adopted an ordinance. By increasing the duties of local officials,
this 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:  no
  yes  . State-mandated local program:  no
  yes  .


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 65582.1 of the  
Government Code   is amended to read: 
   65582.1.  The Legislature finds and declares that it has provided
reforms and incentives to facilitate and expedite the construction of
affordable housing. Those reforms and incentives can be found in the
following provisions:
   (a) Housing element law (Article 10.6 (commencing with Section
65580) of Chapter 3).
   (b) Extension of statute of limitations in actions challenging the
housing element and brought in support of affordable housing
(subdivision (d) of Section 65009).
   (c) Restrictions on disapproval of housing developments (Section
65589.5).
   (d) Priority for affordable housing in the allocation of water and
sewer hookups (Section 65589.7).
   (e) Least cost zoning law (Section 65913.1).
   (f) Density bonus law (Section 65915).
   (g)  Second dwelling   Accessory dwelling
 units (Sections 65852.150 and 65852.2).
   (h) By-right housing, in which certain multifamily housing are
designated a permitted use (Section 65589.4).
   (i) No-net-loss-in zoning density law limiting downzonings and
density reductions (Section 65863).
   (j) Requiring persons who sue to halt affordable housing to pay
attorney fees (Section 65914) or post a bond (Section 529.2 of the
Code of Civil Procedure).
   (k) Reduced time for action on affordable housing applications
under the approval of development permits process (Article 5
(commencing with Section 65950) of Chapter 4.5).
   (l) Limiting moratoriums on multifamily housing (Section 65858).
   (m) Prohibiting discrimination against affordable housing (Section
65008).
   (n) California Fair Employment and Housing Act (Part 2.8
(commencing with Section 12900) of Division 3).
   (o) Community redevelopment law (Part 1 (commencing with Section
33000) of Division 24 of the Health and Safety Code, and in
particular Sections 33334.2 and 33413).
   SEC. 2.    Section 65583.1 of the  
Government Code   is amended to read: 
   65583.1.  (a)  The Department of Housing and Community
Development, in evaluating a proposed or adopted housing element for
substantial compliance with this article, may allow a city or county
to identify adequate sites, as required pursuant to Section 65583, by
a variety of methods, including, but not limited to, redesignation
of property to a more intense land use category and increasing the
density allowed within one or more categories. The department may
also allow a city or county to identify sites for  second
  accessory dwelling  units based on the number of
 second   accessory dwelling  units
developed in the prior housing element planning period whether or not
the units are permitted by right, the need for these units in the
community, the resources or incentives available for their
development, and any other relevant factors, as determined by the
department. Nothing in this section reduces the responsibility of a
city or county to identify, by income category, the total number of
sites for residential development as required by this article.
   (b) Sites that contain permanent housing units located on a
military base undergoing closure or conversion as a result of action
pursuant to the Defense Authorization Amendments and Base Closure and
Realignment Act (Public Law 100-526), the Defense Base Closure and
Realignment Act of 1990 (Public Law 101-510), or any subsequent act
requiring the closure or conversion of a military base may be
identified as an adequate site if the housing element demonstrates
that the housing units will be available for occupancy by households
within the planning period of the element. No sites containing
housing units scheduled or planned for demolition or conversion to
nonresidential uses shall qualify as an adequate site.
   Any city, city and county, or county using this subdivision shall
address the progress in meeting this section in the reports provided
pursuant to paragraph (1) of subdivision (b) of Section 65400.
   (c) (1) The Department of Housing and Community Development may
allow a city or county to substitute the provision of units for up to
25 percent of the community's obligation to identify adequate sites
for any income category in its housing element pursuant to paragraph
(1) of subdivision (c) of Section 65583 where the community includes
in its housing element a program committing the local government to
provide units in that income category within the city or county that
will be made available through the provision of committed assistance
during the planning period covered by the element to low- and very
low income households at affordable housing costs or affordable
rents, as defined in Sections 50052.5 and 50053 of the Health and
Safety Code, and which meet the requirements of paragraph (2). Except
as otherwise provided in this subdivision, the community may
substitute one dwelling unit for one dwelling unit site in the
applicable income category. The program shall do all of the
following:
   (A) Identify the specific, existing sources of committed
assistance and dedicate a specific portion of the funds from those
sources to the provision of housing pursuant to this subdivision.
   (B) Indicate the number of units that will be provided to both
low- and very low income households and demonstrate that the amount
of dedicated funds is sufficient to develop the units at affordable
housing costs or affordable rents.
   (C) Demonstrate that the units meet the requirements of paragraph
(2).
   (2) Only units that comply with subparagraph (A), (B), or (C)
qualify for inclusion in the housing element program described in
paragraph (1), as follows:
   (A) Units that are to be substantially rehabilitated with
committed assistance from the city or county and constitute a net
increase in the community's stock of housing affordable to low- and
very low income households. For purposes of this subparagraph, a unit
is not eligible to be "substantially rehabilitated" unless all of
the following requirements are met:
   (i) At the time the unit is identified for substantial
rehabilitation, (I) the local government has determined that the unit
is at imminent risk of loss to the housing stock, (II) the local
government has committed to provide relocation assistance pursuant to
Chapter 16 (commencing with Section 7260) of Division 7 of Title 1
to any occupants temporarily or permanently displaced by the
rehabilitation or code enforcement activity, or the relocation is
otherwise provided prior to displacement either as a condition of
receivership, or provided by the property owner or the local
government pursuant to Article 2.5 (commencing with Section 17975) of
Chapter 5 of Part 1.5 of Division 13 of the Health and Safety Code,
or as otherwise provided by local ordinance; provided the assistance
includes not less than the equivalent of four months' rent and moving
expenses and comparable replacement housing consistent with the
moving expenses and comparable replacement housing required pursuant
to Section 7260, (III) the local government requires that any
displaced occupants will have the right to reoccupy the rehabilitated
units, and (IV) the unit has been found by the local government or a
court to be unfit for human habitation due to the existence of at
least four violations of the conditions listed in subdivisions (a) to
(g), inclusive, of Section 17995.3 of the Health and Safety Code.
   (ii) The rehabilitated unit will have long-term affordability
covenants and restrictions that require the unit to be available to,
and occupied by, persons or families of low- or very low income at
affordable housing costs for at least 20 years or the time period
required by any applicable federal or state law or regulation.
   (iii) Prior to initial occupancy after rehabilitation, the local
code enforcement agency shall issue a certificate of occupancy
indicating compliance with all applicable state and local building
code and health and safety code requirements.
   (B) Units that are located either on foreclosed property or in a
multifamily rental or ownership housing complex of three or more
units, are converted with committed assistance from the city or
county from nonaffordable to affordable by acquisition of the unit or
the purchase of affordability covenants and restrictions for the
unit, are not acquired by eminent domain, and constitute a net
increase in the community's stock of housing affordable to low- and
very low income households. For purposes of this subparagraph, a unit
is not converted by acquisition or the purchase of affordability
covenants unless all of the following occur:
   (i) The unit is made available for rent at a cost affordable to
low- or very low income households.
   (ii) At the time the unit is identified for acquisition, the unit
is not available at an affordable housing cost to either of the
following:
   (I) Low-income households, if the unit will be made affordable to
low-income households.
   (II) Very low income households, if the unit will be made
affordable to very low income households.
   (iii) At the time the unit is identified for acquisition the unit
is not occupied by low- or very low income households or if the
acquired unit is occupied, the local government has committed to
provide relocation assistance prior to displacement, if any, pursuant
to Chapter 16 (commencing with Section 7260) of Division 7 of Title
1 to any occupants displaced by the conversion, or the relocation is
otherwise provided prior to displacement; provided the assistance
includes not less than the equivalent of four months' rent and moving
expenses and comparable replacement housing consistent with the
moving expenses and comparable replacement housing required pursuant
to Section 7260.
   (iv) The unit is in decent, safe, and sanitary condition at the
time of occupancy.
   (v) The unit has long-term affordability covenants and
restrictions that require the unit to be affordable to persons of
low- or very low income for not less than 55 years.
   (vi) For units located in multifamily ownership housing complexes
with three or more units, or on or after January 1, 2015, on
foreclosed properties, at least an equal number of new-construction
multifamily rental units affordable to lower income households have
been constructed in the city or county within the same planning
period as the number of ownership units to be converted.
   (C) Units that will be preserved at affordable housing costs to
persons or families of low- or very low incomes with committed
assistance from the city or county by acquisition of the unit or the
purchase of affordability covenants for the unit. For purposes of
this subparagraph, a unit shall not be deemed preserved unless all of
the following occur:
   (i) The unit has long-term affordability covenants and
restrictions that require the unit to be affordable to, and reserved
for occupancy by, persons of the same or lower income group as the
current occupants for a period of at least 40 years.
   (ii) The unit is within an "assisted housing development," as
defined in paragraph (3) of subdivision (a) of Section 65863.10.
   (iii) The city or county finds, after a public hearing, that the
unit is eligible, and is reasonably expected, to change from housing
affordable to low- and very low income households to any other use
during the next five years due to termination of subsidy contracts,
mortgage prepayment, or expiration of restrictions on use.
   (iv) The unit is in decent, safe, and sanitary condition at the
time of occupancy.
   (v) At the time the unit is identified for preservation it is
available at affordable cost to persons or families of low- or very
low income.
   (3) This subdivision does not apply to any city or county that,
during the current or immediately prior planning period, as defined
by Section 65588, has not met any of its share of the regional need
for affordable housing, as defined in Section 65584, for low- and
very low income households. A city or county shall document for any
housing unit that a building permit has been issued and all
development and permit fees have been paid or the unit is eligible to
be lawfully occupied.
   (4) For purposes of this subdivision, "committed assistance" means
that the city or county enters into a legally enforceable agreement
during the period from the beginning of the projection period until
the end of the second year of the planning period that obligates
sufficient available funds to provide the assistance necessary to
make the identified units affordable and that requires that the units
be made available for occupancy within two years of the execution of
the agreement. "Committed assistance" does not include tenant-based
rental assistance.
   (5) For purposes of this subdivision, "net increase" includes only
housing units provided committed assistance pursuant to subparagraph
(A) or (B) of paragraph (2) in the current planning period, as
defined in Section 65588, that were not provided committed assistance
in the immediately prior planning period.
   (6) For purposes of this subdivision, "the time the unit is
identified" means the earliest time when any city or county agent,
acting on behalf of a public entity, has proposed in writing or has
proposed orally or in writing to the property owner, that the unit be
considered for substantial rehabilitation, acquisition, or
preservation.
   (7) In the third year of the planning period, as defined by
Section 65588, in the report required pursuant to Section 65400, each
city or county that has included in its housing element a program to
provide units pursuant to subparagraph (A), (B), or (C) of paragraph
(2) shall report in writing to the legislative body, and to the
department within 30 days of making its report to the legislative
body, on its progress in providing units pursuant to this
subdivision. The report shall identify the specific units for which
committed assistance has been provided or which have been made
available to low- and very low income households, and it shall
adequately document how each unit complies with this subdivision. If,
by July 1 of the third year of the planning period, the city or
county has not entered into an enforceable agreement of committed
assistance for all units specified in the programs adopted pursuant
to subparagraph (A), (B), or (C) of paragraph (2), the city or county
shall, not later than July 1 of the fourth year of the planning
period, adopt an amended housing element in accordance with Section
65585, identifying additional adequate sites pursuant to paragraph
(1) of subdivision (c) of Section 65583 sufficient to accommodate the
number of units for which committed assistance was not provided. If
a city or county does not amend its housing element to identify
adequate sites to address any shortfall, or fails to complete the
rehabilitation, acquisition, purchase of affordability covenants, or
the preservation of any housing unit within two years after committed
assistance was provided to that unit, it shall be prohibited from
identifying units pursuant to subparagraph (A), (B), or (C) of
paragraph (2) in the housing element that it adopts for the next
planning period, as defined in Section 65588, above the number of
units actually provided or preserved due to committed assistance.
   (d) A city or county may reduce its share of the regional housing
need by the number of units built between the start of the projection
period and the deadline for adoption of the housing element. If the
city or county reduces its share pursuant to this subdivision, the
city or county shall include in the housing element a description of
the methodology for assigning those housing units to an income
category based on actual or projected sales price, rent levels, or
other mechanisms establishing affordability.
   SEC. 3.    Section 65589.4 of the  
Government Code   is amended to read: 
   65589.4.  (a) An attached housing development shall be a permitted
use not subject to a conditional use permit on any parcel zoned for
an attached housing development if local law so provides or if it
satisfies the requirements of subdivision (b) and either of the
following:
   (1) The attached housing development satisfies the criteria of
Section 21159.22, 21159.23, or 21159.24 of the Public Resources Code.

   (2) The attached housing development meets all of the following
criteria:
   (A) The attached housing development is subject to a discretionary
decision other than a conditional use permit and a negative
declaration or mitigated negative declaration has been adopted for
the attached housing development under the California Environmental
Quality Act (Division 13 (commencing with Section 21000) of the
Public Resources Code). If no public hearing is held with respect to
the discretionary decision, then the negative declaration or
mitigated negative declaration for the attached housing development
may be adopted only after a public hearing to receive comments on the
negative declaration or mitigated negative declaration.
   (B) The attached housing development is consistent with both the
jurisdiction's zoning ordinance and general plan as it existed on the
date the application was deemed complete, except that an attached
housing development shall not be deemed to be inconsistent with the
zoning designation for the site if that zoning designation is
inconsistent with the general plan only because the attached housing
development site has not been rezoned to conform with the most recent
adopted general plan.
   (C) The attached housing development is located in an area that is
covered by one of the following documents that has been adopted by
the jurisdiction within five years of the date the application for
the attached housing development was deemed complete:
   (i) A general plan.
   (ii) A revision or update to the general plan that includes at
least the land use and circulation elements.
   (iii) An applicable community plan.
   (iv) An applicable specific plan.
   (D) The attached housing development consists of not more than 100
residential units with a minimum density of not less than 12 units
per acre or a minimum density of not less than eight units per acre
if the attached housing development consists of four or fewer units.
   (E) The attached housing development is located in an urbanized
area as defined in Section 21071 of the Public Resources Code or
within a census-defined place with a population density of at least
5,000 persons per square mile or, if the attached housing development
consists of 50 or fewer units, within an incorporated city with a
population density of at least 2,500 persons per square mile and a
total population of at least 25,000 persons.
   (F) The attached housing development is located on an infill site
as defined in Section 21061.0.5 of the Public Resources Code.
   (b) At least 10 percent of the units of the attached housing
development shall be available at affordable housing cost to very low
income households, as defined in Section 50105 of the Health and
Safety Code, or at least 20 percent of the units of the attached
housing development shall be available at affordable housing cost to
lower income households, as defined in Section 50079.5 of the Health
and Safety Code, or at least 50 percent of the units of the attached
housing development available at affordable housing cost to
moderate-income households, consistent with Section 50052.5 of the
Health and Safety Code. The developer of the attached housing
development shall provide sufficient legal commitments to the local
agency to ensure the continued availability and use of the housing
units for very low, low-, or moderate-income households for a period
of at least 30 years.
   (c) Nothing in this section shall prohibit a local agency from
applying design and site review standards in existence on the date
the application was deemed complete.
   (d) The provisions of this section are independent of any
obligation of a jurisdiction pursuant to subdivision (c) of Section
65583 to identify multifamily sites developable by right.
   (e) This section does not apply to the issuance of coastal
development permits pursuant to the California Coastal Act (Division
20 (commencing with Section 30000) of the Public Resources Code).
   (f) This section does not relieve a public agency from complying
with the California Environmental Quality Act (Division 13
(commencing with Section 21000) of the Public Resources Code) or
relieve an applicant or public agency from complying with the
Subdivision Map Act (Division 2 (commencing with Section 66473)).
   (g) This section is applicable to all cities and counties,
including charter cities, because the Legislature finds that the lack
of affordable housing is of vital statewide importance, and thus a
matter of statewide concern.
   (h) For purposes of this section, "attached housing development"
means a newly constructed or substantially rehabilitated structure
containing two or more dwelling units and consisting only of
residential units, but does not include  a second 
 an accessory dwelling  unit, as defined by paragraph (4) of
subdivision (h) of Section 65852.2, or the conversion of an existing
structure to condominiums.
   SECTION 1.   SEC. 4.   Section 65852.150
of the Government Code is amended to read:
   65852.150.   (a)    The Legislature finds and
declares  that second   all of the following:

    (1)     Accessory dwelling  units are
a valuable form of housing in California.  Second 
    (2)     Accessory dwelling  units
provide housing for family members, students, the elderly, in-home
health care providers, the disabled, and others, at below market
prices within existing neighborhoods.  Homeowners 
    (3)     Homeowners  who create
 second   accessory dwelling  units benefit
from added income, and an increased sense of security. 
Allowing second 
    (4)     Allowing accessory dwelling 
units in single-family or multifamily residential zones provides
additional rental housing stock in California. 
   (5) California faces a severe housing crisis.  
   (6) The state is falling far short of meeting current and future
housing demand with serious consequences for the state's economy, our
ability to build green infill consistent with state greenhouse gas
reduction goals, and the well-being of our citizens, particularly
lower and middle-income earners.  
   (7) Accessory dwelling units offer lower cost housing to meet the
needs of existing and future residents within existing neighborhoods,
while respecting architectural character.  
   (8) Accessory dwelling units are, therefore, an essential
component of California's housing supply.  
   It 
    (b)     It  is the intent of the
Legislature that  any second-unit ordinances  
an accessory dwelling unit-ordinance  adopted by  a 
local  agencies have   agency has  the
effect of providing for the creation of  second 
 accessory dwelling  units and that provisions in 
these ordinances  this ordinance  relating to
matters including unit size, parking, fees and other requirements,
are not so arbitrary, excessive, or burdensome so as to unreasonably
restrict the ability of homeowners to create  second
  accessory dwelling  units in zones in which they
are authorized by local ordinance.
   SEC. 5.    Section 65852.2 of the  
Government Code   is amended to read: 
   65852.2.  (a) (1)  Any   A  local agency
may, by ordinance, provide for the creation of  second
  accessory dwelling  units in single-family and
multifamily residential zones. The ordinance  may do any
  shall do all  of the following:
   (A) Designate areas within the jurisdiction of the local agency
where  second   accessory dwelling  units
may be permitted. The designation of areas may be based on criteria,
that may include, but are not limited to, the adequacy of water and
sewer services and the impact of  second  
accessory dwelling  units on traffic  flow. 
 flow and public safety. 
   (B) Impose standards on  second   accessory
dwelling  units that include, but are not limited to, parking,
height, setback, lot coverage, architectural review, maximum size of
a unit, and standards that prevent adverse impacts on any real
property that is listed in the California Register of Historic
Places.  However, notwithstanding subdivision (d), a local agency
shall not impose parking standards for an accessory dwelling unit in
any of the following instances:  
   (i) The accessory dwelling unit is located within one-half mile of
public transit or shopping.  
   (ii) The accessory dwelling unit is located within an
architecturally and historically significant historic district. 

   (iii) The accessory dwelling unit is part of the existing primary
residence.  
   (iv) When on-street parking permits are required, but not offered
to the occupant of the accessory dwelling unit.  
   (v) When there is a car share vehicle located within one block of
the accessory dwelling unit. 
   (C) Provide that  second  accessory dwelling
 units do not exceed the allowable density for the lot upon
which the  second   accessory dwelling 
unit is located, and that  second  accessory
dwelling  units are a residential use that is consistent with
the existing general plan and zoning designation for the lot.
   (2) The ordinance shall not be considered in the application of
any local ordinance, policy, or program to limit residential growth.
   (3) When a local agency receives its first application on or after
July 1, 2003, for a permit pursuant to this subdivision, the
application shall be considered ministerially without discretionary
review or a hearing, notwithstanding Section 65901 or 65906 or any
local ordinance regulating the issuance of variances or special use
 permits. Nothing in this paragraph may be construed to
require a local government to adopt or amend an ordinance for the
creation of second units.   permits, within 90 days of
submittal of a complete building permit application.  A local
agency may charge a fee to reimburse it for costs that it incurs as a
result of amendments to this paragraph enacted during the 2001-02
Regular Session of the Legislature, including the costs of adopting
or amending any ordinance that provides for the creation of 
second   accessory dwelling  units.
   (b) (1) When a local agency  which   that
 has not adopted an ordinance governing  second
  accessory dwelling  units in accordance with
subdivision (a)  or (c)  receives its first
application on                                            or after
July 1, 1983, for a permit pursuant to this subdivision, the local
agency shall accept the application and approve or disapprove the
application ministerially without discretionary review pursuant to
this subdivision unless it adopts an ordinance in accordance with
subdivision (a)  or (c)  within  120
  90  days after receiving the application.
Notwithstanding Section 65901 or 65906, every local agency shall
 grant a variance or special use permit for  
ministerially approve  the creation of  a second
  an accessory dwelling  unit if the 
second   accessory dwelling  unit complies with all
of the following:
   (A) The unit is not intended for sale  separate from the
primary residence  and may be rented.
   (B) The lot is zoned for single-family or multifamily use.
   (C) The lot contains an existing single-family dwelling.
   (D) The  second   accessory dwelling 
unit is either attached to the existing dwelling and located within
the living area of the existing dwelling or detached from the
existing dwelling and located on the same lot as the existing
dwelling.
   (E) The increased floor area of an attached  second
  accessory dwelling  unit shall not exceed
 30   50  percent of the existing living
area.
   (F) The total area of floorspace for a detached  second
  accessory dwelling  unit shall not exceed 1,200
square feet.
   (G) Requirements relating to height, setback, lot coverage,
architectural review, site plan review, fees, charges, and other
zoning requirements generally applicable to residential construction
in the zone in which the property is located.
   (H) Local building code requirements  which  
that  apply to detached dwellings, as appropriate.
   (I) Approval by the local health officer where a private sewage
disposal system is being used, if required.
   (2) No other local ordinance, policy, or regulation shall be the
basis for the denial of a building permit or a use permit under this
subdivision.
   (3) This subdivision establishes the maximum standards that local
agencies shall use to evaluate proposed  second 
 accessory dwelling  units on lots zoned for residential use
 which   that  contain an existing
single-family dwelling. No additional standards, other than those
provided in this subdivision or subdivision (a), shall be utilized or
imposed, except that a local agency may require an applicant for a
permit issued pursuant to this subdivision to be an owner-occupant.
   (4) No changes in zoning ordinances or other ordinances or any
changes in the general plan shall be required to implement this
subdivision.  Any   A  local agency may
amend its zoning ordinance or general plan to incorporate the
policies, procedures, or other provisions applicable to the creation
of  second   accessory dwelling  units if
these provisions are consistent with the limitations of this
subdivision.
   (5)  A second unit which  An accessory
dwelling unit that  conforms to  the requirements of
 this subdivision shall not be considered to exceed the
allowable density for the lot upon which it is located, and shall be
deemed to be a residential use  which   that
 is consistent with the existing general plan and zoning
designations for the lot. The  second  
accessory dwelling  units shall not be considered in the
application of any local ordinance, policy, or program to limit
residential growth. 
   (c) No local agency shall adopt an ordinance which totally
precludes second units within single-family or multifamily zoned
areas unless the ordinance contains findings acknowledging that the
ordinance may limit housing opportunities of the region and further
contains findings that specific adverse impacts on the public health,
safety, and welfare that would result from allowing second units
within single-family and multifamily zoned areas justify adopting the
ordinance.  
   (d) 
    (c)  A local agency may establish minimum and maximum
unit size requirements for both attached and detached  second
  accessory dwelling  units. No minimum or maximum
size for  a second   an accessory dwelling
 unit, or size based upon a percentage of the existing dwelling,
shall be established by ordinance for either attached or detached
dwellings  which   that  does not permit at
least  an   a 500-foot accessory dwelling unit
or a 500-   foot  efficiency unit to be constructed in
compliance with local development standards. 
   (e) 
    (d)  Parking requirements for  second 
 accessory dwelling  units shall not exceed one parking
space per unit or per bedroom.  Additional parking may be
required provided that a finding is made that the additional parking
requirements are directly related to the use of the second unit and
are consistent with existing neighborhood standards applicable to
existing dwellings.   These spaces may be provided as
tandem parking on an existing driveway.  Off-street parking
shall be permitted in setback areas in locations determined by the
local agency or through tandem parking, unless specific findings are
made that parking in setback areas or tandem parking is not feasible
based upon  specific site or regional topographical or
 fire and life safety  conditions, or that it is not
permitted anywhere else in the jurisdiction.  
conditions. This subdivision shall not apply to a unit that complies
with paragraph (1) of subdivision (b).  
   (f) 
    (e)  Fees charged for the construction of 
second   accessory dwelling  units shall be
determined in accordance with Chapter 5 (commencing with Section
66000).  Accessory dwelling units shall not be considered new
residential uses for the purposes of calculating private or public
utility connection fees, including water and sewer service. 

   (g) 
    (f)  This section does not limit the authority of local
agencies to adopt less restrictive requirements for the creation of
 second   accessory dwelling  units.

   (h) 
    (g)  Local agencies shall submit a copy of the
ordinances adopted pursuant to subdivision (a)  or (c)
 to the Department of Housing and Community Development
within 60 days after adoption. 
   (i) 
    (h)  As used in this section, the following terms mean:
   (1) "Living area," means the interior habitable area of a dwelling
unit including basements and attics but does not include a garage or
any accessory structure.
   (2) "Local agency" means a city, county, or city and county,
whether general law or chartered.
   (3) For purposes of this section, "neighborhood" has the same
meaning as set forth in Section 65589.5.
   (4)  "Second unit"   "Accessory dwelling unit"
 means an attached or a detached residential dwelling unit
which provides complete independent living facilities for one or more
persons. It shall include permanent provisions for living, sleeping,
eating, cooking, and sanitation on the same parcel as the
single-family dwelling is situated.  A second  
An accessory dwelling  unit also includes the following:
   (A) An efficiency unit, as defined in Section 17958.1 of Health
and Safety Code.
   (B) A manufactured home, as defined in Section 18007 of the Health
and Safety Code. 
   (j) 
    (i)  Nothing in this section shall be construed to
supersede or in any way alter or lessen the effect or application of
the California Coastal Act (Division 20 (commencing with Section
30000) of the Public Resources Code), except that the local
government shall not be required to hold public hearings for coastal
development permit applications for second units.
   SEC. 6.    Section 66412.2 of the 
Government Code   is amended to read: 
   66412.2.  This division shall not apply to the construction,
financing, or leasing of dwelling units pursuant to Section 65852.1
or  second   accessory dwelling  units
pursuant to Section 65852.2, but this division shall be applicable to
the sale or transfer, but not leasing, of those units.
   SEC. 7.    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.