75A - PH ACCESSORY DWELLING UNITS

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(4) "Accessory dwelling unit" means an attached or a detached residential dwellirig 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 17458.1 of Health and Safety Code,_ (0)-A. manufactured home, as defined in Section 18007 of the Health and Safety Code. (C) "Passageway" means a pathway,that is unobstructed 'clear to the sky and extends from a street to one entrance of. the accessory dwelling unit. (h) 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 accessory dwelling units. SEC. -1.5. Section 65852.2',of the Government Code is amended to.read: 65852.2..(a)'(1) A, local agency may,"by ordinance, provide for the creation of accessory dwelling units in single+ family and multifamily.restlenual zones., The ordinance shall do all of the following: (A) Designate areas within the;jurisdiction of the local agency where accessory dwelling units. maybe permitted. The designation of areal ria y'be based on. -criteria; that rt ay'Inclutle, but are not limited ao; the adequacy of water and sewer,services.and the Impact of accessory dwelling units on trafftc.fiow and public safety. (8) (1) Impose standards on .accessory dwelling units that include, but are not. limited to, parking, height,, setback,, lot coverage, landscape, architectural review, maximum size of a unit, and standards that prevent adverseimpacts on.'any real property that -Is listed in the California Register of Historic Places: (II) Notwithstanding clause (Ij, 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. (b) Require the'accessory dwelling units to comply with all of the following: (i). The. unit is not intended for sale separate from -the -primary residence and may be rented. (li) The lot is zoned for single-family or multifamily, use and contains an existing, single-family dwelling, (iii) Theaccessory dwelling .unit is either attached to the existing dwelling or located within the living area of the. existing dwelling or detached from the existing dwelling and located on the sante lot as the existing dwelling. (iv). The increased floor area of an attached accessory dwelling unit shall Prot exceed 50 "percent of; the existing living"ai:ea, with a maximum Increase in floor area of i,200 square feet. (v) The total area of floorspace for a detached acce.ssory' dwelling unit shall not exceed 1,200 square feet. (vi)N6'passaaeway shall be required in conjunction with theconstruction of an accessory dwelling unit. No setback shall be"requ[red for an existing garage that is converted to -a accessory dwelling unit, and. a setback of no more than five feet from the side and rear lot lines .shall be required for all accessory dwelling unit that is -constructed above,a ga,age. (viii) Local building code requirements that apply to detaclied'dweliings, as appropriate. (ix),Approval by the local health officer where a private sewage disposal system is -being used, If required. (x) (1) Parking requirernents'for accessory dwelling units shall not exceed one parking space per unit or per bedroom. These spaces may be provided as tandem parking on an existing 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 sotback areas or tandem parking Is not 75A-25