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SEC. 2. Section 65852.2 of the Government Code is amended to read:
in part..
(b) (1) When a local agency which has not adopted an ordinance
governing second 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 days after receiving the application.
Notwithstanding Section
65901 or 65906, every local agency shall grant a variance or special
use permit for the creation of a second unit if the second unit
complies with all of the following:
(A) The unit is not intended for sale 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 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 unit shall not
exceed 30 percent of the existing living area.
(F) The total area of floorspace for a detached second 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 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 units on lots zoned
for residential use which 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 local agency may amend its zoning ordinance or
general plan to incorporate the policies, procedures, or other
provisions applicable to the creation of second units if these
provisions are consistent with the limitations of this subdivision.
(5) A second unit which 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 is consistent with the existing general plan
and zoning designations for the lot. The second 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) A local agency may establish minimum and maximum unit size
requirements for both attached and detached second units. No minimum
or maximum size for a second unit, or size based upon a percentage
of the existing dwelling, shall be established by ordinance for
either attached or detached dwellings which does not permit at least
an efficiency unit to be constructed in compliance with local
development standards.
(e) Parking requirements for second 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. 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.
(f) Fees charged for the construction of second units shall be
determined in accordance with Chapter 5 (commencing with Section
66000).
(g) This section does not limit the authority of local agencies to
adopt less restrictive requirements for the creation of second
units.
(h) 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) 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" 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 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) 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.
