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THE PEOPLE OF THE STATE OF CALiFORNTA DO ENACT AS FOLLOWS:
<br />SECTION 1. Section 65852.2 of the Government Code Is amended to read:
<br />65852.2. (a) (1) A local agency may, by ordinance, provide for the creation of accessory dwelling units in single-
<br />family and multifamily residential zone's. The ordinance shall do all of the following:
<br />(A) Designate areas within the jurisdiction of the local agency where accessory dwelling units may be permitted.
<br />The designation of areas may be based on criteria, that may include, but are not limited to,'the adequacy of
<br />water and sewer services and.the impact of accessory dwelling units on traffic flow and public safety.
<br />(B) Impose. standards on accessory dwelling units that include, but are not limited to, parking,, height, setback,
<br />lot coverage, landscape, architectural review, maximum size of a unit, and standards that prevent adverse
<br />Impacts on -any real property that is listed in the California Register of Historic Places.
<br />(C) Notwlthstanding subparagraph "(6), a local'agency may [educe or eliminate parking requirements for any
<br />accessory dwelling unit located within Its jurisdiction,.
<br />(0) Provide; that accessory dwelling units do 'not exceed ,the. adlowaple density for the lot upon ;which the
<br />accessory' dwelling unit tsil cated, and that accessory dwelling units are a residential use that is consistent with
<br />the existing general plan.and.zoning desfgnationforthe lot,
<br />(Ep Require the"accessory; dwelling units to comply with all'of the foflowlni :
<br />(f) The.unit is not intended for sale separate from.fhe-primary residence and•may be rented;
<br />(R) The let is Toned for single-farrilly or multifamlly use;
<br />(fii),The-accessory dwelling unit is either attached to the existing dwelling or located within the living area of tile
<br />existing dwelling or detached from the existing dwelling and located on the same lot as the'existing.dwelling.
<br />(iv) The increased floor area of an attached accessory dwelling unit shall not- exceed 50.percent of the.existing
<br />living area.
<br />{v) The total area of floorspace for a detached accessory dwelling unit•shall not exceed 1,200,square feet.
<br />(vi) No passageway shall be required in conjurctiun with the constructionof an accessory dwelling unit.
<br />(vip Nq setback shall be required for an existing garage that is coriverled to a accessory, dwelling unit, and a
<br />setback of no. more than five feet from the side and rear lot lines shall he. required for an acciissoty'dwe8ing unit.
<br />that is constructed above a,garage;
<br />(viii) Local tiuiiding'coderequirements that applyto'detached dwellings, as appropriate.
<br />(ix) Approval by'the local health officer where a private sevrage disposal system is being used, If required.
<br />(x) (f) Parking requirements. for accessory dwelling units shall not exceed one parking space per unit or per
<br />bedroom. These spaces may, be provided as tandem parking on,anexisting driveway.
<br />(IT). Offstrectparking•shall be permitted insetliack areas in locations determined by the local agency or through
<br />tandem parking, unless specific findings are made that parking in "setback areas or tandem ;parking is not
<br />feasibletbaseid upon specific site or regional topographical or fire and life safety conditions; or that itis not
<br />permitted anywhere else In the jurisdiction..
<br />(xi) When a garage, carport, or covered parking structure is demolished in corijuoction with the'constrvctlon oF,
<br />an accessory dwelling unit, and toe local agency requires that those�offstreei parking spaces tie replaced, the
<br />replacement spaces may be located in any configuration on the same lot as the accessory dwelling unit,,
<br />Including, but not limited to, as covered spaces, uncovered spaces, or tandem spaces, or by the use of
<br />mechanical automobile parkin"lifts:
<br />(2) the ordinance shall not he considered in the., application of any local ordinance, policy; or program to limit
<br />Fail
<br />dential growth.
<br />(3) when a local agency receives its first application on or after July 1, 2003, for a" permitpursuant to this
<br />subdivision, the application shall be considered ministerially without discretionary review or a hearing,
<br />75A-23
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