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P25-0026, ADU PMC Amendments Planning Commission <br />3 of 5 <br />to, an ADU. SB 1211 amends this subsection to also prohibit local agencies from requiring <br />replacement parking when an uncovered parking space is demolished for or replaced with an <br />ADU. <br /> <br />Multifamily ADUs: Existing Government Code section 66323(a)(3)(A), requires local agencies <br />to ministerially approve qualifying building permit applications for ADUs within “portions of <br />existing multifamily dwelling structures that are not used as livable space, including, but not <br />limited to, storage rooms, boiler rooms, passageways, attics, baseme nts, or garages ….” The <br />term “livable space” is not defined by state ADU law. SB1211 adds a new definition for “‘livable <br />space’ which means a space in a dwelling intended for human habitation, including living, <br />sleeping, eating, cooking, or sanitation.” <br /> <br />SB 1211 also increases the quantity of detached ADUs that lots with an existing multifamily <br />dwelling can have. Currently, Government Code section 66323(a)(4)(A) permits lots with an <br />existing or proposed multifamily dwelling to have up to two detached ADUs. SB 1211, allows <br />lots with an existing multifamily dwelling to have up to eight detached ADUs, or as many <br />detached ADUs as there are primary dwelling units on the lot, whichever is less. SB 1211 does <br />not alter the number of ADUs that lots with proposed multifamily dwellings can have — they <br />remain limited to two detached ADUs. <br /> <br />State law requires complete consistency between a local ordinance and the state ADU law . As <br />such, the City must amend its ordinance to comply with the changes required by SB 1211. <br />Attachment 1 to Exhibit A of this agenda report includes the revised text of Chapter 18.106 of <br />the PMC, including amendments to Sections 18.106.060(C) and (D), in conformance with the <br />above requirements. <br /> <br />To date, the City has received two applications for multifamily ADUs – an application to <br />construct two detached ADUs on a site with eight existing units and an application to convert <br />attached covered garages to 10 ADUs at a multifamily site with 456 units. The amendments <br />may allow for the construction of a greater number of units at multifamily sites. <br /> <br />AB 2533: Summary of Requirements and Proposed PMC Amendments <br />Government Code section 66332 prohibits local agencies from denying a permit to legalize an <br />unpermitted ADU that was constructed before January 1, 2018, if the denial is based on the <br />ADU not complying with applicable building, state , or local ADU standards. One exception <br />allows local agencies to deny a permit to legalize if they make a written finding that correcting <br />the violation is necessary to protect the health and safety of the public or the occupants of the <br />structure. <br /> <br />AB 2533 alters this requirement by amending Government Code section 66332 to: (1) expand <br />its applicability to JADUs; (2) change the construction cutoff date from January 1, 2018, to <br />January 1, 2020; (3) replace the above exception with a requirement that l ocal agencies find <br />that correcting the violation is necessary to comply with the standards specified in Health and <br />Safety Code section 17920.3 (Substandard Buildings); (4) mandate new public notification <br />requirements about limits on local regulation, substandard-building criteria, and pre-application <br />inspection by a private contractor; and (5) address scope of City inspections and limits on <br />remedial action. <br />