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Government Code §65852.2, in effect until January 1, 2025
<br /> capacity charges for utilities, including water and sewer service, unless the accessory dwelling
<br /> unit was constructed with a new single-family dwelling.
<br /> (3) (A) A local agency, special district, or water corporation shall not impose any impact fee
<br /> upon the development of an accessory dwelling unit less than 750 square feet. Any impact fees
<br /> charged for an accessory dwelling unit of 750 square feet or more shall be charged
<br /> proportionately in relation to the square footage of the primary dwelling unit.
<br /> (B)For purposes of this paragraph, "impact fee" has the same meaning as the term "fee" is
<br /> defined in subdivision(b)of Section 66000, except that it also includes fees specified in Section
<br /> 66477. "Impact fee"does not include any connection fee or capacity charge charged by a local
<br /> agency, special district, or water corporation.
<br /> (4) For an accessory dwelling unit described in subparagraph(A)of paragraph(1) of subdivision
<br /> (e), a local agency, special district, or water corporation shall not require the applicant to install a
<br /> new or separate utility connection directly between the accessory dwelling unit and the utility or
<br /> impose a related connection fee or capacity charge, unless the accessory dwelling unit was
<br /> constructed with a new single-family home.
<br /> (5) For an accessory dwelling unit that is not described in subparagraph (A) of paragraph(1) of
<br /> subdivision(e), a local agency, special district, or water corporation may require a new or
<br /> separate utility connection directly between the accessory dwelling unit and the utility.
<br /> Consistent with Section 66013, the connection may be subject to a connection fee or capacity
<br /> charge that shall be proportionate to the burden of the proposed accessory dwelling unit, based
<br /> upon either its square feet or the number of its drainage fixture unit(DFU) values, as defined in
<br /> the Uniform Plumbing Code adopted and published by the International Association of Plumbing
<br /> and Mechanical Officials, upon the water or sewer system. This fee or charge shall not exceed
<br /> the reasonable cost of providing this service.
<br /> (g) This section does not limit the authority of local agencies to adopt less restrictive
<br /> requirements for the creation of an accessory dwelling unit.
<br /> (h) (1)A local agency shall submit a copy of the ordinance adopted pursuant to subdivision(a)to
<br /> the Department of Housing and Community Development within 60 days after adoption. After
<br /> adoption of an ordinance,the department may submit written findings to the local agency as to
<br /> whether the ordinance complies with this section.
<br /> (2) (A) If the department finds that the local agency's ordinance does not comply with this
<br /> section, the department shall notify the local agency and shall provide the local agency with a
<br /> reasonable time, no longer than 30 days, to respond to the findings before taking any other action
<br /> authorized by this section.
<br /> (B) The local agency shall consider the findings made by the department pursuant to
<br /> subparagraph(A) and shall do one of the following:
<br /> (i)Amend the ordinance to comply with this section.
<br /> P20-0412,Accessory Dwelling Units Planning Commission,July 8, 2020
<br /> Exhibit B, State Law, Page 6
<br />8,2020
<br /> Exhibit B, State Law, Page 5
<br />ccessory Dwelling Units Planning Commission,July 8, 2020
<br /> Exhibit B, State Law Page 3
<br /> Exhibit B, State Law, Page 2
<br /> other special characteristics of the project.
<br /> P20-0412,Accessory Dwelling Units Planning Commission, July 8, 2020
<br /> Exhibit A, PMC Amendments, Page 5
<br />2020.
<br /> P20-0412, Accessory Dwelling Units Planning Commission
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<br />ing windows to allow for those windows to be the same size, shape, and height.
<br /> Planning Commission Minutes Page 3 of 9 June 24, 2020
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