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Government Code §65852.2, operative January 1, 2025
<br /> Government Code §65852.2.
<br /> (a) (1) A local agency may, by ordinance,provide for the creation of accessory dwelling units in
<br /> areas zoned to allow single-family or multifamily dwelling residential use. The ordinance shall
<br /> do all of the following:
<br /> (A) Designate areas within the jurisdiction of the local agency where accessory dwelling units
<br /> may be permitted. The designation of areas may be based on the adequacy of water and sewer
<br /> services and the impact of accessory dwelling units on traffic flow and public safety. A local
<br /> agency that does not provide water or sewer services shall consult with the local water or sewer
<br /> service provider regarding the adequacy of water and sewer services before designating an area
<br /> where accessory dwelling units may be permitted.
<br /> (B) (i) Impose standards on accessory dwelling units that include, but are not limited to,parking,
<br /> height, setback, landscape, architectural review, maximum size of a unit, and standards that
<br /> prevent adverse impacts on any real property that is listed in the California Register of Historic
<br /> Resources. These standards shall not include requirements on minimum lot size.
<br /> (ii)Notwithstanding clause(i), a local agency may reduce or eliminate parking requirements for
<br /> any accessory dwelling unit located within its jurisdiction.
<br /> (C) Provide that accessory dwelling units do not exceed the allowable density for the lot upon
<br /> which the accessory dwelling unit is located, and that accessory dwelling units are a residential
<br /> use that is consistent with the existing general plan and zoning designation for the lot.
<br /> (D)Require the accessory dwelling units to comply with all of the following:
<br /> (i)The accessory dwelling unit may be rented separate from the primary residence, but may not
<br /> be sold or otherwise conveyed separate from the primary residence.
<br /> (ii)The lot is zoned to allow single-family or multifamily dwelling residential use and includes a
<br /> proposed or existing dwelling.
<br /> (iii) The accessory dwelling unit is either attached to,or located within, the proposed or existing
<br /> primary dwelling, including attached garages, storage areas or similar uses, or an accessory
<br /> structure or detached from the proposed or existing primary dwelling and located on the same lot
<br /> as the proposed or existing primary dwelling.
<br /> (iv) If there is an existing primary dwelling, the total floor area of an attached accessory dwelling
<br /> unit shall not exceed 50 percent of the existing primary dwelling.
<br /> (v) The total floor area for a detached accessory dwelling unit shall not exceed 1,200 square feet.
<br /> (vi)No passageway shall be required in conjunction with the construction of an accessory
<br /> dwelling unit.
<br /> (vii)No setback shall be required for an existing living area or accessory structure or a structure
<br /> constructed in the same location and to the same dimensions as an existing structure that is
<br /> converted to an accessory dwelling unit or to a portion of an accessory dwelling unit, and a
<br /> setback of no more than four feet from the side and rear lot lines shall be required for an
<br /> P20-0412,Accessory Dwelling Units Planning Commission, July 8, 2020
<br /> Exhibit B, State Law, Page 9
<br />ion,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
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