5_Exhibits A & B - Laserfiche WebLink

Government Code§65852.2, operative January 1, 2025 that includes only ministerial provisions for the approval of accessory dwelling units and shall not include any discretionary processes, provisions, or requirements for those units, except as otherwise provided in this subdivision. If a local agency has an existing accessory dwelling unit ordinance that fails to meet the requirements of this subdivision, that ordinance shall be null and void and that agency shall thereafter apply the standards established in this subdivision for the approval of accessory dwelling units, unless and until the agency adopts on ordinance that complies with this section. (5)No other local ordinance, policy, or regulation shall be the basis for the delay or denial of a building permit or a use permit under this subdivision. (6) (A) This subdivision establishes the maximum standards that local agencies shall use to evaluate a proposed accessory dwelling unit on a lot that includes a proposed or existing single- family dwelling.No additional standards, other than those provided in this subdivision, shall be used or imposed except that, subject to subparagraph(B), a local agency may require an applicant for a permit issued pursuant to this subdivision to be an owner-occupant or that the property be used for rentals of terms longer than 30 days. (B)Notwithstanding subparagraph(A), a local agency shall not impose an owner-occupant requirement on an accessory dwelling unit permitted between January 1, 2020, to January 1, 2025, during which time the local agency was prohibited from imposing an owner-occupant requirement. (7) A local agency may amend its zoning ordinance or general plan to incorporate the policies, procedures, or other provisions applicable to the creation of an accessory dwelling unit if these provisions are consistent with the limitations of this subdivision. (8)An accessory dwelling unit that conforms to this subdivision shall be deemed to be an accessory use or an accessory building and 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 that is consistent with the existing general plan and zoning designations for the lot. The accessory dwelling unit shall not be considered in the application of any local ordinance,policy, or program to limit residential growth. (b) When a local agency that has not adopted an ordinance governing accessory dwelling units in accordance with subdivision(a) receives an application for a permit to create an accessory dwelling unit pursuant to this subdivision,the local agency shall approve or disapprove the application ministerially without discretionary review pursuant to subdivision(a). The permitting agency shall act on the application to create an accessory dwelling unit or a junior accessory dwelling unit within 60 days from the date the local agency receives a completed application if there is an existing single-family or multifamily dwelling on the lot. If the permit application to create an accessory dwelling unit or a junior accessory dwelling unit is submitted with a permit application to create a new single-family dwelling on the lot, the permitting agency may delay acting on the permit application for the accessory dwelling unit or the junior accessory dwelling P20-0412,Accessory Dwelling Units Planning Commission Exhibit B,Page 11 be the result of P20-0412,Accessory Dwelling Units Planning Commission Exhibit A, PMC Amendments Page 4 Units Planning Commission 11 of 13 3 y zoning districts include the RM and MU districts. The Central-Commercial (C-C) District also allows multifamily dwellings and thus in accordance with the new state law, must now also allow ADUs; JADUs would be allowed in existing single-family dwellings. P20-0412, Accessory Dwelling Units Planning Commission 3 of 13