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"til) "Accessory dsyefling unit" means an attached or a detached residential' dwelling unit which provides complete
<br />Independent living factlitie5: for one or more, persons, It shall Include permanent provisions for living, sleeping)
<br />eating, "cooking, and sanitation on Che same parcel,a5 Che single-family dwe.1169 is situated. An accessory
<br />dwating.unitalso Includes the follmving;.
<br />(.A) All efficiency Unit; as dzfined In Ser-tion`1795BA of Health.and.5afatr+ Code.
<br />(B) A.manufacLured home;,,as'denned in Section 18007 of the Health and Safety Code.;
<br />(C) '•passageway" means a' pathway that is unobstructed dear j6 the sky and extends from a str'ect to one
<br />entrance, of the accessory dwelling unit.
<br />(h) Nothing inAhls section shall,be.c6nstruad to supersede or in any way.alteror lessen the effect or:applicattnn
<br />of Lhe California Coastal Ac,. (Division 20'(commencing with Section 30000) of the Public Resources Code),
<br />except that the local government shall not be. required to hold public_ lfearings, forcoastal development permit
<br />applications for accessory dwelling.units.
<br />SEC.A:5. Section 65852,2W tile Government Code is amended to read;
<br />658522.:(x)'(1) la local agency ini by ordinance, provide forr-the creaLion of accessory dwelling units in single-
<br />family and multifamily resfdenllal zones The ordinance ;,hall do;all of the following;
<br />(A) Designate rheas within the. jurisdiction of the local agency where accessory:dwElling units. l7hay,lie permitted,
<br />Thc,dsrgnallon of areas ina/ 1.be based on:critErra, that. may intlude,.,buhare not limited.to,, Lhe adequacy of`.
<br />water and sewer seryice,a and the Impart of accessory dwelling units on traffic flow and'pub8csafery,
<br />(B) (i) Impose standards -an :accessory. dwelling units- that include, but are not limitetl to, Parking, height,.
<br />setbacki lot coverage, landscape, architectural review;: maximum size of a unit, and :standards that prevent.
<br />adverse Impacts on any real property that is listed in the California Register of Historic Places;.
<br />(11) Notwithstanding clause (i), a local agency may reduce'or'elirihinate parking requlren"l For any "accessory
<br />dwelling unit located.witlhih Its jurisdiction.
<br />(C) Provide .that accoss6ry dwelling units;do bot exceed the. allowable density for the Int upiin L,.-thc
<br />accessory dwelling unit is located, and that accessory dwelling units are a residential use that Is consistent with
<br />the ezisling general plan and zoning designation for the IOL.
<br />(o) Require the accessory dwelling units to Comply with all of thesollod;in9t
<br />(i) Tile unit isnot intended for sale separate from.the-prlmary residence and may be rented:
<br />_(li) The lot is z,ned for single-farnily or multifamily use and,containe all existing, single-family, dwelling.
<br />(lit) The accessory dwelling .unit is either att,iclhcd to the existing dwelling or located within the living area of the
<br />existiriy dwelling or'det2died from the exlstiny.dwelling and located on the same lot as the existing dwelling.
<br />(if) The Increased floor area of an attached accessory dwelling unit shall not. exceed 59 percent of• the-existln<j
<br />living area, with a maximum increase in floor area of 1,200 square feet.
<br />(v) The total area of floorspace for a detached accessgry dwelling unit shall not exceed 1;200 square feet.
<br />(vi) Nq passag2way shall be.require8"in conjunctlon '-with the.constrliction of awaccessory dwelling unit.
<br />(vtl),No setback shall be -required For an existing garage that Is convertod to a accessory dwelling unit, and e
<br />setback of no more *,hall five feet from the side and rear lot lines shall be required for all accessory dh4elling unit
<br />that is constructed above a,garage.
<br />(viii)Local building code requirements that apply to detacheddwellings, as apPropriate_
<br />(ix),Approkal by the local (health Off)cer where a private sewage disposal system Is being used, if required,
<br />(x) (1) Parking requirements 'for, accessory dwelling units shall not exceed and ill space per unit. or per
<br />bedroom. These spaces may be provided as tandem parking on an existing driveway.
<br />(II) offstreet parking shall.be permitted in setback areas in locations. determined by the local agency or through
<br />tandem parking, unless specific findings are made that parking In setbark areas or tandem parking is not
<br />75D-23
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