HomeMy WebLinkAboutCode Amendment Initiation (PA2003-054)CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
Agenda Item No. 3
March 6, 2003
TO: Planning Commission
FROM: Planning Department
Chandra Slaven, Assistant Planner
(949) 644 -3231, cslaven@city.newport- beach.ca.us
SUBJECT: Zoning Code Amendment Initiation — Amend Chapter 20.85 to be
Compliant with Assembly Bill No. 1866, Chapter 1062, Statutes 2002
(PA2003 -054).
ISSUE:
Initiation of an amendment to Title 20 of the
amend Chapter 20.85 (Accessory Dwelling
No. 1866, Chapter 1062, Statutes 2002.
RECOMMENDATION:
Adopt resolution of intent.
DISCUSSION:
Introduction:
Newport Beach Municipal Code that would
Units) to be compliant with Assembly Bill
This amendment is required to maintain consistency between the City of Newport
Beach's Municipal Code and State Law. Assembly Bill No.1866 was enacted by the
State in 2002 and it prohibits discretionary review of second residential units proposed
for single family lots on or after July 1, 2003. The City presently permits granny units
subject to a Use Permit approved by the Planning Commission. The amendment will
eliminate the Use Permit requirement, making the process a ministerial action subject to
the existing development standards.
Environmental Review:
A request to initiate a Zoning Code Amendment is considered a feasibility or planning
study by staff, which is statutorily exempt pursuant to Section 15262 of the
Implementing Guidelines for the California Environmental Quality Act.
Accessory Dwelling Units
March 6, 2003
Page 2
Public Notice:
Notice is not required for a request to initiate a Zoning Code Amendment. Should the
request be approved by the City Council, the amendment will require noticed public
hearings at the Planning Commission and City Council.
Prepared by:
)wc "lam
Sandra Sla
Assistant Planner
Submitted by:
P44A
Patricia L. Temple
Planning Director
Attachments: Resolution of intent.
Chapter 20.85, Accessory Dwelling Units.
Assembly Bill No. 1866, Chapter 1062, Statutes 2002.
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF NEWPORT BEACH INITIATING AN AMENDMENT
TO TITLE 20 OF THE NEWPORT BEACH MUNICIPAL
CODE TO AMEND CHAPTER 20.85 TO BE COMPLIANT
WITH ASSEMBLY BILL NO. 1866, CHAPTER 1062,
STATUTES 2002. (PA 2003 -054)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY
FINDS, RESOLVES AND ORDERS AS FOLLOWS:
Section 1. Title 20 of the Newport Beach Municipal Code authorizes the Planning
Commission to adopt a resolution initiating amendments to the Zoning Code of the City of
Newport Beach.
Section 2. The Planning Commission intends to initiate an amendment to revise Title
20 of the Newport Beach Municipal Code to amend Chapter 20.85 to be compliant with
Assembly Bill No. 1866, Chapter 1062, Statutes 2002.
Section 3. The Planning Commission hereby initiates an amendment to Title 20 of the
Newport Beach Municipal Code to amend Chapter 20.85 to be compliant with Assembly Bill
No. 1866, Chapter 1062, Statutes 2002.
PASSED, APPROVED AND ADOPTED THIS 6TH DAY OF MARCH 2003.
Im
Steven Kiser, Chairman
Shant Agajanian, Secretary
AYES:
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Page 20.85 -1
Accessory Dwelling Units
CHAPTER 20.85
ACCESSORY DWELLING UNITS
Sections:
20.85.010
Purpose
20.85.015
Definitions
20.85.020
Prohibitions
20.85.025
Use Permit Required
20.85.030
Development Standards
20.85.035
Verification of Occupancy
20.85.040
Recordation Required
20.85.045
Termination of Use
20.85.010 Purpose
A. To establish procedures for the creation of granny units as defined herein and in
California Government Code Section 65852.1, and to provide development standards
to insure the orderly development of these units in appropriate areas of the City.
B. To prohibit the development of second units, as defined herein, single family
residential lots as provided for in Section 65852.2 of the California Government
Code.
20.85.015 Defmition
For purposes of this chapter, the following
A. Granny Unit. As used in this chapter, a granny unit is defined as a detached or
attached dwelling unit to be constructed on a site zoned for a single family residence
in conjunction with a primary residence, with the second dwelling unit intended for
the sole occupancy of 1 or 2 adult persons who are 60 years of age or older, and the
area of floor space of the second dwelling unit does not exceed 640 square feet.
B. Second Unit. A dwelling unit accessory to and either attached to, detached from, or
contained within the primary dwelling unit on a site.
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Page 20.85 -2
Accessory Dwelling Units
20.85.020 Prohibitions
The creation of a second unit on all sites within the City of Newport Beach where the zoning and
General Plan permit only 1 dwelling unit is expressly prohibited. Nothing contained herein shall
affect the creation of granny units under Section 65852.1 of the California Government Code that are
in compliance with the Newport Beach Municipal Code.
20.85.025 Use Permit Required
Approval of a use permit in accordance with the provisions of Chapter 20.91 is required for the
establishment of any granny unit as defined in this chapter.
20.85.030 Development Standards
The following standards shall be met prior to the occupancy of the granny unit pursuant to this
chapter:
A. Building Height. Building height shall be regulated by Chapter 20.65, in accordance
with the "Official Height Limitations Zone Map" incorporated within Chapter 20.65.
Granny units located in the R -1 District which are detached from the primary
residence and on the second floor of an accessory building are permitted to conform
to the provisions of the 24/28 Foot Height Limitation Zone.
B. Setback Requirements. All building setbacks required in the district in which the
granny unit is proposed shall be met.
C. Minimum Lot Size. A minimum lot size of 5,450 square feet shall be required in
order to establish a granny unit pursuant to this chapter.
D. Minimum Floor Area. Each granny unit established pursuant to this chapter shall
provide a minimum of 600 square feet of floor area, as measured from within the
surrounding perimeter walls of the unit.
E. Maximum Floor Area. No granny unit established pursuant to this chapter shall have
more than 640 square feet of floor area, as measured from within the surrounding
perimeter walls of the unit.
F. Parking Required. In addition to the parking required for the primary residence, there
shall be at least 1 independently accessible parking space for the granny unit,
provided there are at least 2 covered parking spaces on the site. This additional
parking space shall be kept free, clear, and accessible for the parking of a vehicle at
all times.
Page 20.85 -3
Accessory Dwelling Units
G. Owner /Occupancy Required. The primary residence or the granny unit shall be
continuously occupied by at least 1 person having an ownership interest in the
property.
20.85.035 Verification of Occupancy
Commencing with the final inspection of the granny unit by a City Building Inspector and on an
annual basis every year thereafter, the property owner shall submit to the Planning Director the
names and birth dates of any and all occupants of the granny unit constructed pursuant to this chapter
to verify occupancy by a person or persons 60 years of age or older. Upon any change of tenants, the
property owner shall notify the City immediately. This information shall be submitted in writing and
contain a statement signed by the property owner certifying under penalty of perjury that all of the
information is true and correct.
20.85.040 Recordation Required
Subsequent to the approval of a use permit and prior to the issuance of a building and/or grading
permit for a granny unit, the property owner shall record a deed restriction with the County
Recorder's Office, the form and content of which is satisfactory to the City Attorney, stating that
under no circumstances shall the granny unit be rented to or otherwise occupied by any person or
persons less than 60 years of age. Said document shall also contain all conditions of approval
imposed by the Planning Commission or City Council. This deed restriction shall remain in effect so
long as the granny unit exists on the property.
20.85.045 Termination of Use
In the event that the property owner desires to terminate the use of the granny unit and remove the
deed restriction, building permits shall be obtained that restore the property to a single dwelling unit
as defined in Section 20.03.030. The Planning Director shall review and approve the plans prior to
the issuance of the building permits to insure compliance with the intent of this section and Section
20.03.030. Upon completion of the final inspection by a City Building Inspector, the Planning
Director shall cause the deed restriction to be removed from the property by the County Recorder.
kD
Assembly Bill No. 1866
CHAPTER 1062
An act to amend Sections 65583.1, 65852.2, and 65915 of the
Government Code, relating to housing.
[Approved by Governor September 29, 2002. Filed
with Secretary of State September 29, 2002.]
LEGISLATIVE COUNSELS DIGEST
AB 1866, Wright. Housing: density bonuses.
(1) The Planning and Zoning Law requires the housing element of the
general plan of a city or county, among other things, to identify adequate
sites for housing, including rental housing, factory-built housing, and
mobilehomes, and to make adequate provision for the existing and
projected needs of all economic segments of the community. That law
permits the Department of Housing and Community Development to
allow a city or county to identify adequate sites by a variety of methods.
This bill would authorize the department to also allow a city or county
to identify sites for 2nd units based upon relevant factors, including the
number of 2nd units developed in the prior housing element planning
period.
(2) The Planning and Zoning Law authorizes a local agency to
provide by ordinance for the creation of 2nd units on parcels zoned for
a primary single - family and multifamily residence, as prescribed.
This bill would require, when a local agency receives its first
application on or after July 1, 2003, that the application shall be
considered ministerially without discretionary review or hearing,
notwithstanding other laws that regulate the issuance of variances or
special use permits.
The bill would authorize a local agency to charge a fee to reimburse
the agency for costs it incurs as a result of these provisions.
(3) The Planning and Zoning Law also requires, when a developer of
housing proposes a housing development within the jurisdiction of the
local government, that the city, county, or city and county provide the
developer with incentives or concessions for the production of lower
income housing units within the development if the developer meets
specified requirements. Existing law requires the local government to
establish procedures for carrying out these provisions.
This bill would revise those provisions to refer to an applicant who
proposes a housing development and would recast them to, among other
things, revise criteria for making written findings that a concession or
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incentive is not required, add criteria for continued affordability of
housing in a condominium project, authorize an applicant to request a
meeting on its proposal for a specific density bonus, incentive, or
concession or for the waiver or reduction of development standards, and
exempt developments meeting certain affordability criteria from
specified laws. By increasing the duties of local public officials, the bill
would impose a state - mandated local program.
The bill would also authorize an applicant to initiate judicial
proceedings if the city, county, or city and county refuses to grant a
requested density bonus, incentive, or concession in violation of these
provisions, and would require the court to award the plaintiff reasonable
attorney's fees and costs of suit. It would authorize a local agency to
charge a fee to reimburse it for costs that it incurs as a result of these
provisions.
(4) The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this act
for a specified reason.
The people of the State of California do enact as follows:
SECTION 1. Section 65583.1 of the Government Code is amended
to read:
65583.1. (a) The Department of Housing and Community
Development, in evaluating a proposed or adopted housing element for
compliance with state law, may allow a city or county to identify
adequate sites, as required pursuant to Section 65583, by a variety of
methods, including, but not limited to, redesignation of property to a
more intense land use category and increasing the density allowed within
one or more categories. The department may also allow a city or county
to identify sites for second units based on the number of second units
developed in the prior housing element planning period whether or not
the units are permitted by right, the need for these units in the
community, the resources or incentives available for their development,
and any other relevant factors, as determined by the department. Nothing
in this section reduces the responsibility of a city or county to identify,
by income category, the total number of sites for residential development
as required by this article.
(b) Sites that contain permanent housing units located on a military
base undergoing closure or conversion as a result of action pursuant to
the Defense Authorization Amendments and Base Closure and
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Realignment Act (Public Law 100 -526), the Defense Base Closure and
Realignment Act of 1990 (Public Law 101 -510), or any subsequent act
requiring the closure or conversion of a military base may be identified
as an adequate site if the housing element demonstrates that the housing
units will be available for occupancy by households within the planning
period of the element. No sites containing housing units scheduled or
planned for demolition or conversion to nonresidential uses shall qualify
as an adequate site.
Any city, city and county, or county using this subdivision shall
address the progress in meeting this section in the reports provided
pursuant to paragraph (1) of subdivision (b) of Section 65400.
(c) (1) The Department of Housing and Community Development
may allow a city or county to substitute the provision of units for up to
25 percent of the community's obligation to identify adequate sites for
any income category in its housing element pursuant to paragraph (1) of
subdivision (c) of Section 65583 if the community includes in its
housing element a program committing the local government to provide
units in that income category within the city or county that will be made
available through the provision of committed assistance during the
planning period covered by the element to low- and very low income
households at affordable housing costs or affordable rents, as defined in
Sections 50052.5 and 50053 of the Health and Safety Code, and which
meet the requirements of paragraph (2). Except as otherwise provided in
this subdivision, the community may substitute one dwelling unit for
one dwelling unit site in the applicable income category. The program
shall do all of the following:
(A) Identify the specific, existing sources of committed assistance
and dedicate a specific portion of the funds from those sources to the
provision of housing pursuant to this subdivision.
(B) Indicate the number of units that will be provided to both low- and
very low income households and demonstrate that the amount of
dedicated funds is sufficient to develop the units at affordable housing
costs or affordable rents.
(C) Demonstrate that the units meet the requirements of paragraph
(2)•
(2) Only units that comply with subparagraph (A), (B), or (C) qualify
for inclusion in the housing element program described in paragraph (1),
as follows:
(A) Units that are to be substantially rehabilitated with committed
assistance from the city or county and constitute a net increase in the
community's stock of housing affordable to low- and very low income
households. For purposes of this subparagraph, a unit is not eligible to
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be "substantially rehabilitated" unless all of the following requirements
are met:
(i) At the time the unit is identified for substantial rehabilitation, (I)
the local government has determined that the unit is at imminent risk of
loss to the housing stock, (11) the local government has committed to
provide relocation assistance pursuant to Chapter 16 (commencing with
Section 7260) of Division 7 of Title 1 to any occupants temporarily or
permanently displaced by the rehabilitation or code enforcement
activity, (III) the local government requires that any displaced occupants
will have the right to reoccupy the rehabilitated units, and (IV) the unit
has been cited and found by the local code enforcement agency or a court
to be unfit for human habitation and vacated or subject to being vacated
because of the existence for not less than 120 days of four of the
conditions listed in subdivisions (a) to (g), inclusive, of Section 17995.3
of the Health and Safety Code.
(ii) The rehabilitated unit will have long -term affordability covenants
and restrictions that require the unit to be available to, and occupied by,
persons or families of low- or very low income at affordable housing
costs for at least 20 years or the time period required by any applicable
federal or state, law or regulation, except that if the period is less than 20
years, only one unit shall be credited as an identified adequate site for
every three units rehabilitated pursuant to this section, and no credit shall
be allowed for a unit required to remain affordable for less than 10 years.
(iii) Prior to initial occupancy after rehabilitation, the local code
enforcement agency shall issue a certificate of occupancy indicating
compliance with all applicable state and local building code and health
and safety code requirements.
(B) Units that are located in a multifamily rental housing complex of
16 or more units, are converted with committed assistance from the city
or county from nonaffordable to affordable by acquisition of the unit or
the purchase of affordability covenants and restrictions for the unit, are
not acquired by eminent domain, and constitute a net increase in the
community's stock of housing affordable to low- and very low income
households. For purposes of this subparagraph, a unit is not converted
by acquisition or the purchase of affordability covenants unless all of the
following occur:
(i) The unit is made available at a cost affordable to low- or very low
income households.
(ii) At the time the unit is identified for acquisition, the unit is not
available at a cost affordable to low- or very low income households.
(iii) At the time the unit is identified for acquisition the unit is not
occupied by low- or very low income households.
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(iv) The unit is in decent, safe, and sanitary condition at the time of
occupancy.
(v) The acquisition price is not greater than 120 percent of the median
price for housing units in the city or county.
(vi) The unit has long -term affordability covenants and restrictions
that require the unit to be affordable to persons of low- or very low
income for not less than 30 years.
(C) Units that will be preserved at affordable housing costs to persons
or families of low- or very low incomes with committed assistance from
the city or county by acquisition of the unit or the purchase of
affordability covenants for the unit. For purposes of this subparagraph,
a unit shall not be deemed preserved unless all of the following occur:
(i) The unit has long -term affordability covenants and restrictions
that require the unit to be affordable to and reserved for occupancy by
persons of the same or lower income group as the current occupants for
a period of at least 40 years.
(ii) The unit is multifamily rental housing that receives governmental
assistance under any of the following state acid federal programs: Section
221(d)(3) of the National Housing Act (12 U.S.C. Sec. 17151(d)(3) and
(5)); Section 236 of the National Housing Act (12 U.S.C. Sec. 1715z -1);
Section 202 of the Housing Act of 1959 (12 U.S.C. Sec. 1701q); for rent
supplement assistance under Section 101 of the Housing and Urban
Development Act of 1965, as amended (12 U.S.C. Sec. 1701s); under
Section 515 of the Housing Act of 1949, as amended (42 U.S.C. Sec.
1485); and any new construction, substantial rehabilitation, moderate
rehabilitation, property disposition, and loan management set -aside
programs, or any other program providing project -based assistance,
under Section 8 of the United States Housing Act of 1937, as amended
(42 U.S.C. Sec. 1437f); any state and local multifamily revenue bond
programs; local redevelopment programs; the federal Community
Development Block Grant Program; and other local housing assistance
programs or units that were used to qualify for a density bonus pursuant
to Section 65916.
(iii) The city or county fords, after a public hearing, that the unit is
eligible, and is reasonably expected, to change from housing affordable
to low- and very low income households to any other use during the next
five years due to termination of subsidy contracts, mortgage
prepayment, or expiration of restrictions on: use.
(iv) The unit is in decent, safe, and sanitary condition at the time of
occupancy.
(v) At the time the unit is identified for preservation it is available at
affordable cost to persons or families of low- or very low income.
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(3) This subdivision does not apply to any city or county that, during
the current or immediately prior planning period, as defined by Section
65588, has not met any of its share of the regional need for affordable
housing, as defined in Section 65584, for low- and very low income
households. A city or county shall document for any such housing unit
that a building permit has been issued and all development and permit
fees have been paid or the unit is eligible to be lawfully occupied.
(4) For purposes of this subdivision, "committed assistance" means
that the city or county enters into a legally enforceable agreement during
the fast two years of the housing element planning period that obligates
sufficient available funds to provide the assistance necessary to make the
identified units affordable and that requires that the units be made
available for occupancy within two years of the execution of the
agreement. "Committed assistance" does not include tenant -based
rental assistance.
(5) For purposes of this subdivision, "net increase" includes only
housing units provided committed assistance pursuant to subparagraph
(A) or (B) of paragraph (2) in the current planning period, as defined in
Section 65588, that were not provided committed assistance in the
immediately prior planning period.
(6) For purposes of this subdivision, "the time the unit is identified"
means the earliest time when any city or county agent, acting on behalf
of a public entity, has proposed in writing or has proposed orally or in
writing to the property owner, that the unit be considered for substantial
rehabilitation, acquisition, or preservation.
(7) On July 1 of the third year of the planning period, as defined by
Section 65588, in the report required pursuant to Section 65400, each
city or county that has included in its housing element a program to
provide units pursuant to subparagraph (A), (B), or (C) of paragraph (2)
shall report in writing to the legislative body, and to the department
within 30 days of making its report to the legislative body, on its progress
in providing units pursuant to this subdivision. The report shall identify
the specific units for which committed assistance has been provided or
which have been made available to low- and very low income
households, and it shall adequately document how each unit complies
with this subdivision. If, by July 1 of the third year of the planning
period, the city or county has not entered into an enforceable agreement
of committed assistance for all units specified in the programs adopted
pursuant to subparagraph (A), (B), or (C) of paragraph (2), the city or
county shall, not later than July 1 of the fourth year of the planning
period, adopt an amended housing element in accordance with Section
65585, identifying additional adequate sites pursuant to paragraph (1) of
subdivision (c) of Section 65583 sufficient to accommodate the number
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of units for which committed assistance was not provided. If a city or
county does not amend its housing element to identify adequate sites to
address any shortfall, or fails to complete the rehabilitation, acquisition,
purchase of affordability covenants, or the preservation of any housing
unit within two years after committed assistance was provided to that
unit, it shall be prohibited from identifying units pursuant to
subparagraph (A), (B), or (C) of paragraph (2) in the housing element
that it adopts for the next planning period, as defined in Section 65588,
above the number of units actually provided or preserved due to
committed assistance.
SEC. 2. Section 65852.2 of the Government Code is amended to
read:
65852.2. (a) (1) Any local agency may, by ordinance, provide for
the creation of second units in single - family and multifamily residential
zones. The ordinance may do any of the following:
(A) Designate areas within the jurisdiction of the local agency where
second 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 second units on traffic flow.
(B) Impose standards on second units that include, but are not limited
to, parking, height, setback, lot coverage, architectural review,
maximum size of a unit, and standards that prevent adverse impacts on
any real property that is listed in the California Register of historic
Places.
(C) Provide that second units do not exceed the allowable density for
the lot upon which the second unit is located, and that second units are
a residential use that is consistent with the existing general plan and
zoning designation for the lot.
(2) The ordinance shall not be considered in the application of any
local ordinance, policy, or program to limit residential growth.
(3) When a local agency receives its first application on or after July
1, 2003, for a permit pursuant to this subdivision, the application shall
be considered ministerially without discretionary review or a hearing,
notwithstanding Section 65901 or 65906 or any local ordinance
regulating the issuance of variances or special use permits. Nothing in
this paragraph may be construed to require a local government to adopt
or amend an ordinance for the creation of second units. A local agency
may charge a fee to reimburse it for costs that it incurs as a result of
amendments to this paragraph enacted during the 2001 -02 Regular
Session of the Legislature, including the costs of adopting or amending
any ordinance that provides for the creation of second units.
(b) (1) When a local agency which has not adopted an ordinance
governing second units in accordance with subdivision (a) or (c) receives
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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.
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(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:
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(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.
6) 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.
SEC. 3. Section 65915 of the Government Code is amended to read:
65915. (a) When. an applicant proposes a housing development
within the jurisdiction of a city, county, or:city and county, that local
government shall provide the applicant incentives or concessions for the
production of housing units as prescribed in this chapter. All cities,
counties, or cities and counties shall adopt an ordinance that specifies
how compliance with this section will be implemented.
(b) A city, county, or city and county shall either grant a density bonus
and at least one of the concessions or incentives identified in subdivision
0), or provide other incentives or concessions of equivalent financial
value based upon the land cost per dwelling unit, when the applicant for
the housing development agrees or proposes to construct at least any one
of the following:
(1) Twenty percent of the total units of a housing development for
lower income households, as defined in Section 50079.5 of the Health
and Safety Code.
(2) Ten percent of the total units of a housing development for very
low income households, as defined in Section 50105 of the Health and
Safety Code.
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(3) Fifty percent of the total dwelling units of a housing development
for qualifying residents, as defined in Section 51.3 of the Civil Code.
(4) Twenty percent of the total dwelling units in a condominium
project as defined in subdivision (f) of Section 1351 of the Civil Code,
for persons and families of moderate income, as defined in Section
50093 of the Health and Safety Code.
The city, county, or city and county shall grant the additional
concession or incentive required by this subdivision unless the city,
county, or city and county makes a written finding, based upon
substantial evidence, that the additional concession or incentive is not
required in order to provide for affordable housing costs, as defined in
Section 50052.5 of the Health and Safety, Code, or for rents for the
targeted units to be set as specified in subdivision (c).
(c) (1) An applicant shall agree to, and the city, county, or city and
county shall ensure, continued affordability of all lower income density
bonus units for 30 years or a longer period of time if required by the
construction or mortgage financing assistance program, mortgage
insurance program, or rental subsidy program. Those units targeted for
lower income households, as defined in Section 50079.5 of the Health
and Safety Code, shall be affordable at a rent that does not exceed 30
percent of 60 percent of area median income. Those units targeted for
very low income households, as defined in Section 50105 of the Health
and Safety Code, shall be affordable at a rent that does not exceed 30
percent of 50 percent of area median income.
(2) An applicant shall agree to, and the city, county, or city and county
shall ensure, continued affordability of the moderate - income units that
are directly related to the receipt of the density bonus for 10 years if the
housing is in a condominium project as defined in subdivision (f) of
Section 1351 of the Civil Code.
(d) An applicant may submit to a city, county, or city and county a
proposal for the specific incentives or concessions that the applicant
requests pursuant to this section, and may request a meeting with the city,
county, or city and county. The city, county, or city and county shall grant
the concession or incentive requested by the applicant unless the city,
county, or city and county makes a written finding, based upon
substantial evidence, of either of the following:
(1) The concession or incentive is not required in order to provide for
affordable housing costs, as defined in Section 50052.5 of the Health and
Safety Code, or for rents for the targeted units to be set as specified in
subdivision (c).
(2) The concession or incentive would have a specific adverse
impact, as defined in paragraph (2) of subdivision (d) of Section
65589.5, upon public health and safety or the physical environment or
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on any real property that is listed in the California Register of Historical
Resources and for which there is no feasible method to satisfactorily
mitigate or avoid the specific adverse impact without rendering the
development unaffordable to low- and moderate - income households.
The applicant may initiate judicial proceedings if the city, county, or
city and county refuses to grant a requested density bonus, incentive, or
concession. If a court finds that the refusal to grant a requested density
bonus, incentive, or concession is in violation of this section, the court
shall award the plaintiff reasonable attorney's fees and costs of suit.
Nothing in this subdivision shall be interpreted to require a local
government to grant an incentive or concession that has a specific,
adverse impact, as defined in paragraph (2) of subdivision (d) of Section
65589.5, upon health, safety, or the physical environment, and for which
there is no feasible method to satisfactorily mitigate or avoid the specific
adverse impact. Nothing in this subdivision shall be interpreted to
require a local government to grant an incentive or concession that
would have an adverse impact on any real property that is listed in the
California Register of Historical Resources. The city, county, or city and
county shall establish procedures for carrying out this section, that shall
include legislative body approval of the means of compliance with this
section. The city, county, or city and county shall also establish
procedures for waiving or modifying development and zoning standards
that would otherwise inhibit the utilization of the density bonus on
specific sites. These procedures shall include, but not be limited to, such
items as minimum lot size, side yard setbacks, and placement of public
works improvements.
(e) In no case may a city, county, or city and county apply any
development standard that will have the effect of precluding the
construction of a development meeting the criteria of subdivision (b) at
the densities or with the concessions or incentives permitted by this
section. An applicant may submit to a city, county, or city and county a
proposal for the waiver or reduction of development standards and may
request a meeting with the city, county, or city and county. If a court finds
that the refusal to grant a waiver or reduction of development standards
is in violation of this section, the court: shall award the plaintiff
reasonable attorney's fees and costs of suit. Nothing in this subdivision
shall be interpreted to require a local government to waive or reduce
development standards if the waiver or reduction would have a specific,
adverse impact, as defined in paragraph (2) of subdivision (d) of Section
65589.5, upon health, safety, or the physical environment, and for which
there is no feasible method to satisfactorily mitigate or avoid the specific
adverse impact. Nothing in this subdivision shall be interpreted to
require a local government to waive or reduce development standards
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that would have an adverse impact on any real property that is listed in
the California Register of Historical Resources.
(f) The applicant shall show that the waiver or modification is
necessary to make the housing units economically feasible.
(g) (1) For the purposes of this chapter, except as provided in
paragraph (2), "density bonus" means a density increase of at least 25
percent, unless a lesser percentage is elected by the applicant, over the
otherwise maximum allowable residential density under the applicable
zoning ordinance and land use element of the general plan as of the date
of application by the applicant to the city, county, or city and county. All
density calculations resulting in fractional units shall be rounded up to
the next whole number. The granting of a'density bonus shall not be
interpreted, in and of itself, to require a general plan amendment, local
coastal plan amendment, zoning change, or other discretionary approval.
The density bonus shall not be included when determining the number
of housing units which is equal to 10, 20, or 50 percent of the total. The
density bonus shall apply to housing developments consisting of five or
more dwelling units.
(2) For the purposes of this chapter, if a development does not meet
the requirements of paragraph (1), (2), or (3) of subdivision (b), but the
applicant agrees or proposes to construct a condominium project as
defined in subdivision (f) of Section 1351 of the Civil Code, in which
at least 20 percent of the total dwelling units are reserved for persons and
families of moderate income, as defined in Section 50093 of the Health
and Safety Code, a "density bonus" of at least 10 percent shall be
granted, unless a lesser percentage is elected by the applicant, over the
otherwise maximum allowable residential density under the applicable
zoning ordinance and land use element of the general plan as of the date
of application by the applicant to the city, county, or city and county. All
density calculations resulting in fractional units shall be rounded up to
the next whole number. The granting of a density bonus shall not be
interpreted, in and of itself, to require a general plan amendment, local
coastal plan amendment, zoning change, or other discretionary approval.
The density bonus shall not be included when determining the number
of housing units which is equal to 20 percent of the total. The density
bonus shall apply to housing developments consisting of five or more
dwelling units.
(h) "Housing development," as used in this section, means one or
more groups of projects for residential units constructed in the planned
development of a city, county, or city and county. For the purposes of this
section, "housing development' also includes either (1) a project to
substantially rehabilitate and convert an existing commercial building
to residential use, or (2) the substantial rehabilitation of an existing
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multifamily dwelling, as defined in subdivision (d) of Section 65863.4,
where the result of the rehabilitation would be a net increase in available
residential units. For the purpose of calculating a density bonus, the
residential units do not have to be based upon individual subdivision
maps or parcels. The density bonus shall be permitted in geographic
areas of the housing development other than the areas where the units for
the lower income households are located.
(i) The granting of a concession or incentive shall not be interpreted,
in and of itself, to require a general plan amendment, local coastal plan
amendment, zoning change, or other discretionary approval. This
provision is declaratory of existing law.
0) For the purposes of this chapter, concession or incentive means
any of the following:
(1) A reduction in site development standards or a modification of
zoning code requirements or architectural design requirements that
exceed the minimum building standards approved by the California
Building Standards Commission as provided in Part 2.5 (commencing
with Section 18901) of Division 13 of the Health and Safety Code,
including, but not limited to, a reduction in setback and square footage
requirements and in the ratio of vehicular parking spaces that would
otherwise be required.
(2) Approval of mixed use zoning in conjunction with the housing
project if commercial, office, industrial, or other land uses will reduce
the cost of the housing development and if the commercial, office,
industrial, or other land uses are compatible with the housing project and
the existing or planned development in the area where the proposed
housing project will be located.
(3) Other regulatory incentives or concessions proposed by the
developer or the city, county, or city and county that result in identifiable
and actual cost reductions.
This subdivision does not limit or require the provision of direct
financial incentives for the housing development, including the
provision of publicly owned land, by the city, county, or city and county,
or the waiver of fees or dedication requirements.
(k) If an applicant agrees to construct both 20 percent of the total units
for lower income households and 10 percent of the total units for very
low income households, the developer is entitled to only one density
bonus and at least one additional concession or incentive identified in
Section 65913.4 under this section although the city, city and county, or
county may, at its discretion, grant more than one density bonus.
(1) 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
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(Division 20 (commencing with Section 30000) of the Public Resources
Code).
(m) A local agency may charge a fee to reimburse it for costs it incurs
as a result of amendments to this section enacted during the 2001 -02
Regular Session of the Legislature.
(n) For purposes of this section, the following definitions shall apply:
(1) "Development standard" means any ordinance, general plan
element, specific plan, charter amendment, or other local condition, law,
policy, resolution, or regulation.
(2) "Maximum allowable residential density" means the density
allowed under the zoning ordinance, or if a range of density is permitted,
means the maximum allowable density for the specific zoning range
applicable to the project.
SEC. 4. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because a local
agency or school district has the authority to levy service charges, fees,
or assessments sufficient to pay for the program or level of service
mandated by this act, within the meaning of Section 17556 of the
Government Code.
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