5_Exhibits A & B - Laserfiche WebLink

Civil Code'4751 Civil Code §4751. (a)Any covenant, restriction, or condition contained in any deed, contract, security instrument, or other instrument affecting the transfer or sale of any interest in a planned development, and any provision of a governing document,that either effectively prohibits or unreasonably restricts the construction or use of an accessory dwelling unit or junior accessory dwelling unit on a lot zoned for single-family residential use that meets the requirements of Section 65852.2 or 65852.22 of the Government Code, is void and unenforceable. (b) This section does not apply to provisions that impose reasonable restrictions on accessory dwelling units or junior accessory dwelling units. For purposes of this subdivision, "reasonable restrictions"means restrictions that do not unreasonably increase the cost to construct, effectively prohibit the construction of, or extinguish the ability to otherwise construct, an accessory dwelling unit or junior accessory dwelling unit consistent with the provisions of Section 65852.2 or 65852.22 of the Government Code. (Added by Stats. 2019, Ch. 178, Sec. 2. (AB 670) Effective January 1, 2020.) P20-0412,Accessory Dwelling Units Planning Commission Exhibit B,Page 32 (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