75D - PH AMND ZONING ORD CH 41 MUNI CODE

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THE PEOPLE OF THE STATE OF CALiFORNIA DQ ENACT AS FOLLMS: SECTION 1. Section 65852:2 of the Government Code Is amended to read: 65852.2 (a), (t) A local agency may, by ordihance,,,provide for the creation of"accessory dv+ciling units in single- farnily and multifamily residential zones. The ordinance shall doalfof the:folloivinn: (A) Designate areas Within the jurisdiction of the local agency.where.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 accessory dowelling units on traffic flow and pUpllc safety. (B) impose standards"on accessory d•r'jelling units _that"include, but are not limited to; parking, helyht, SeLback, lot coverage, landscape, architectural rovicw, maximum we of a unit, and standards thatprevent adverse impacts on,any real property that Is listed In the California Register of Historic Places. (C) TJotwithstandiiig. subparagraph (0); a local agency may [educe' or,611mihate parking na ulremenksJor "any accessory dwelling unit located within Its Jurisdiction: _ (Q) Provide that accessory dwelling units (1o'hot, imded'.the ollgwanle density for the lot upon which the accessory dwelling•unit isJocaled, and that accessory dwelling units'are-a residential Use that Is camsistent with' the, existing general plan and zoning designation for the lot. (E} Require the accessory,; dwelling units to comply',vith all of the folloedrig.: (i) The,unit is not intended.for sale separate from.the primary residence:and may :be rented: (it) The lot is. zoned for 46 le -family or multifamily use. (iii)jhe"accessury dwelling unit Is either attached to the existing civaelling or located within thelivingarea'of-the existing dwelling or detached from the existing dwelling and located on thesanle lovas file existing dwelling. (iv) The' increased floor area :of -an attached, accessory d,tielling unit shall not exceed 5U.percent,of Lhe' existing living area. (v) The total area of.flgorspace for a detached accessory dwelling unit shall hot exceed 1,200 square feet. (vi) No passageway shall be required In conjunction with the construction of an accessory dwellingunit: (viq No setback shall be required For an existing garage that Is coroi&1.6d W a accessory dwelling unit, find a setback' of no more than five feet from the side and rear lot lines shall be required for an acc?ssory darelling Unit- that nitthat is constructed above a garage: (viii) Local huilding codc:rcquirements that appl% to detached dwellings, as appropriate. (ix) App: oval by the local health officer where a private sewage disposal system Is being used, If required.. (x) (1) Parking requircinents for accessory duvelling units shall nof.exceed one parking space per unit or pe'r bedroom. These spices may be provided as tandem parking on,an.existing 'driveway. '(If) Offstrect parking shall bepermitted in setback areas in locations determined by the local agency or"through' tandem parkirig, :unless specific findings are made that parking in ,setback areas or tardem' parking is not feasible based upon specific site or regional topographical Tor fire and life safety -conditions, Or that it is: not permitted anywhere else In.the. jurisdiction. (xi) When a garage,"carport, or covered parking, structure 'isdemolished In cbnjunction:wlhh lhe•corn;Cuctloh'or an accessory dwelling unit; and the local agency rcquires`that those offstreet parking spaces l e replaced, the replacement spaces may be located in any configuration on the same lot as the accessory dwelling unit,. inctudfng, but not Ihnited to, as covered spaces, uncovered. spaces, .or tandem spaces, or by the use of mechanical automobile parking -lifts. (2) The ordinance shall net be considered in Lhe application of any local ordinance" policy; qr program to Ilmit residential growth. (3) When a. local agency recoives its first application on or after July 1.. 2001, fill- a permit pursuantto this subdivision, the application shall be considered' ministerially without discretionary review .Or a hearing, 75D-21