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Government Code §65852.2, operative January 1, 2025
<br /> dwelling structures shall ministerially consider a permit application to construct an accessory
<br /> dwelling unit that is described in paragraph(1), and may impose standards including, but not
<br /> limited to, design, development, and historic standards on said accessory dwelling units. These
<br /> standards shall not include requirements on minimum lot size.
<br /> (f) (1) Fees charged for the construction of accessory dwelling units shall be determined in
<br /> accordance with Chapter 5 (commencing with Section 66000) and Chapter 7 (commencing with
<br /> Section 66012).
<br /> (2)An accessory dwelling unit shall not be considered by a local agency, special district, or
<br /> water corporation to be a new residential use for purposes of calculating connection fees or
<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 dwelling.
<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 /> P20-0412, Accessory Dwelling Units Planning Commission, July 8, 2020
<br /> Exhibit B, State Law, Page 14
<br /> P20-0412,Accessory Dwelling Units Planning Commission, July 8, 2020
<br /> Exhibit B, State Law, Page 11
<br />acteristics 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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