5_Exhibits A & B - Laserfiche WebLink

Government Code§65852.26 Government Code §65852.26. (a)Notwithstanding clause (i) of subparagraph(D)of paragraph(1)of subdivision(a) of Section 65852.2, a local agency may, by ordinance, allow an accessory dwelling unit to be sold or conveyed separately from the primary residence to a qualified buyer if all of the following apply: (1) The property was built or developed by a qualified nonprofit corporation. (2) There is an enforceable restriction on the use of the land pursuant to a recorded contract between the qualified buyer and the qualified nonprofit corporation that satisfies all of the requirements specified in paragraph(10)of subdivision(a)of Section 402.1 of the Revenue and Taxation Code. (3) The property is held pursuant to a recorded tenancy in common agreement that includes all of the following: (A)The agreement allocates to each qualified buyer an undivided, unequal interest in the property based on the size of the dwelling each qualified buyer occupies. (B) A repurchase option that requires the qualified buyer to first offer the qualified nonprofit corporation to buy the property if the buyer desires to sell or convey the property. (C)A requirement that the qualified buyer occupy the property as the buyer's principal residence. (D) Affordability restrictions on the sale and conveyance of the property that ensure the property will be preserved for low-income housing for 45 years for owner-occupied housing units and will be sold or resold to a qualified buyer. (4) A grant deed naming the grantor, grantee, and describing the property interests being transferred shall be recorded in the county in which the property is located. A Preliminary Change of Ownership Report shall be filed concurrently with this grant deed pursuant to Section 480.3 of the Revenue and Taxation Code. (5)Notwithstanding subparagraph(A)of paragraph(2) of subdivision(f)of Section 65852.2, if requested by a utility providing service to the primary residence,the accessory dwelling unit has a separate water, sewer, or electrical connection to that utility. (b) For purposes of this section,the following definitions apply: (1) "Qualified buyer"means persons and families of low or moderate income, as that term is defined in Section 50093 of the Health and Safety Code. (2) "Qualified nonprofit corporation" means a nonprofit corporation organized pursuant to Section 501(c)(3) of the Internal Revenue Code that has received a welfare exemption under Section 214.15 of the Revenue and Taxation Code for properties intended to be sold to low- income families who participate in a special no-interest loan program. (Added by Stats. 2019, Ch. 657, Sec. 1. (AB 587) Effective January 1, 2020.) P20-0412,Accessory Dwelling Units Planning Commission Exhibit B, Page 31 (Amended by Stats. 2019, Ch. 655, Sec. 2. (AB 68) Effective January 1, 2020.) P20-0412,Accessory Dwelling Units Planning Commission Exhibit B,Page 30 Exhibit B, Page 29 ct"means a project to construct residential units for which the project developer provides sufficient legal commitments to the appropriate local agency to ensure the continued availability and use of at least 49 percent of the housing units for very low, low-, and moderate-income households with an affordable housing P20-0412,Accessory Dwelling Units Planning Commission Exhibit B,Page 26 B,Page 20 sult 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