HomeMy WebLinkAbout07.b. (Handout) AnnouncementsItem 7.b.
(Committee Handout)
(f) Notwithstanding subdivisions (a) to (4+ (e), inclusive, a local agency shall ministerially approve an
application for a building permit to create within a single-family residential zone one accessory dwelling
unit per single-family lot if the unit is contained within the existing space of a single-family residence or
accessory structure, has independent exterior access from the existing residence, and the side and rear
setbacks are sufficient for fire safety. Accessory dwelling units shall not be required to provide fire
sprinklers if they are not required for the primary residence.
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(g) (1) Fees chat ged 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) Accessory dwelling units shall not be considered new residential uses for the purposes of calculating
local agency connection fees or capacity charges, including water and sewer service, except as set forth
in this section.
(A) For an accessory dwelling unit described in subdivision (f), a local agency may not require the
applicant to install a nevi. or .separate utility connection directly between the accessory dwelling unit and
the utilitq' or impose a related connection fee or capacity charge.
(B) For all accessory dwelling units not described in subdivision (f), a local agency may require a new or
separate utility connection directly between the accessory dwelling unit and the utility. Consistent with
Section 66013, the connection to the accessory dwelling unit may be subject to a connection fee or
capacity charge that shall be proportionate to the burden of the proposed accessory dwelling unit on the
water or sewer system. The fees or charges shall not exceed the estimated reasonable cost of providing
that service.
(i) For purposes of this section, the burden of an accessory dwelling unit shall be determined by either its
size or its number of'plumbing fi.vttrres.
(g)
(h) This section does not limit the authority of local agencies to adopt less restrictive requirements for the
creation of accessory dwelling units.
(h)
(i) Local agencies shall submit a copy of the ordinances adopted pursuant to subdivision (a) to the
Department of Housing and Community Development within 60 days after adoption.
(i)
{ j) As used in this section, the following terms mean:
(1) "Living area," means the interior habitable area of a dwelling unit including basements and attics but
does not include a garage or any 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) "Accessory dwelling unit" means an attached or a detached residential dwelling unit which provides
complete independent living facilities for one or more persons. It shall include permanent provisions for
living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family dwelling is
situated. An accessory dwelling unit also includes the following:
(A) An efficiency unit, as defined in Section 17958.1 of Health and Safety Code.
(B) A manufactured home, as defined in Section 18007 of the Health and Safety Code.
(k) 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.