Government Code §65852.2, in effect until January 1, 2025
<br /> (ii)Adopt the ordinance without changes. The local agency shall include findings in its
<br /> resolution adopting the ordinance that explain the reasons the local agency believes that the
<br /> ordinance complies with this section despite the findings of the department.
<br /> (3) (A) If the local agency does not amend its ordinance in response to the department's findings
<br /> or does not adopt a resolution with findings explaining the reason the ordinance complies with
<br /> this section and addressing the department's findings,the department shall notify the local
<br /> agency and may notify the Attorney General that the local agency is in violation of state law.
<br /> (B) Before notifying the Attorney General that the local agency is in violation of state law, the
<br /> department may consider whether a local agency adopted an ordinance in compliance with this
<br /> section between January 1, 2017, and January 1, 2020.
<br /> (i) The department may review, adopt, amend, or repeal guidelines to implement uniform
<br /> standards or criteria that supplement or clarify the terms, references, and standards set forth in
<br /> this section. The guidelines adopted pursuant to this subdivision are not subject to Chapter 3.5
<br /> (commencing with Section 11340) of Part 1 of Division 3 of Title 2.
<br /> (j)As used in this section,the following terms mean:
<br /> (1) "Accessory dwelling unit"means an attached or a detached residential dwelling unit that
<br /> provides complete independent living facilities for one or more persons and is located on a lot
<br /> with a proposed or existing primary residence. It shall include permanent provisions for living,
<br /> sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily
<br /> dwelling is or will be situated. An accessory dwelling unit also includes the following:
<br /> (A)An efficiency unit.
<br /> (B) A manufactured home, as defined in Section 18007 of the Health and Safety Code.
<br /> (2) "Accessory structure"means a structure that is accessory and incidental to a dwelling located
<br /> on the same lot.
<br /> (3)"Efficiency unit"has the same meaning as defined in Section 17958.1 of the Health and
<br /> Safety Code.
<br /> (4) "Living area"means the interior habitable area of a dwelling unit, including basements and
<br /> attics,but does not include a garage or any accessory structure.
<br /> (5) "Local agency"means a city, county, or city and county, whether general law or chartered.
<br /> (6) "Neighborhood"has the same meaning as set forth in Section 65589.5.
<br /> (7) "Nonconforming zoning condition"means a physical improvement on a property that does
<br /> not conform with current zoning standards.
<br /> (8)"Passageway"means a pathway that is unobstructed clear to the sky and extends from a street
<br /> to one entrance of the accessory dwelling unit.
<br /> (9) "Proposed dwelling" means a dwelling that is the subject of a permit application and that
<br /> meets the requirements for permitting.
<br /> P20-0412,Accessory Dwelling Units Planning Commission,July 8, 2020
<br /> Exhibit B, State Law, Page 7
<br />de 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
<br /> 6 of 9
<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
<br /> |