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