HomeMy WebLinkAbout05/14/2020 Planning Commission - Regular Meeting Packet
Regular Planning Commission Meeting Agenda
May 14, 2020
6:30 P.M.
PLANNING COMMISSION MEMBERS
Chair: Tom Fischer: tom.fischer@cityofgilroy.org Sam Kim: sam.kim@cityofgilroy.org
Vice Chair: Casey Estorga: casey.estorga@cityofgilroy.org Fabian Morales-Medina: fabian.morales@cityofgilroy.org
John Doyle: john.doyle@cityofgilroy.org Peter Fleming: peter.fleming@cityofgilroy.org
Reid Lerner: reid.lerner@cityofgilroy.org
PLANNING COMMISSION MEETING MAT ERIAL IS AVAILABLE ON THE CITY WEBSITE www.cityofgilroy.org
VIEW THE MEETING LIVE ON THE CITY WEBSITE www.cityofgilroy.org.
PUBLIC PARTICIPATION IN THIS MEETING WILL BE LIMITED. MEMBERS OF THE PUBLIC
ARE ENCOURAGED TO PARTICIPATE BY EMAILING ALL PUBLIC COMMENTS TO CHRISTINA
RUIZ AT christina.ruiz@cityofgilroy.org OR BY LEAVING A VOICE MESSAGE COMMENT BY
CALLING (408) 846-0269, PRIOR TO 5:00 P.M. MAY 14, 2020.
THE MAY 14, 2020 MEETING WILL BE CONDUCTED PURSUANT TO THE PROVISIONS OF THE
GOVERNOR’S EXECUTIVE ORDER N-29-20
In order to minimize the spread of the COVID 19 virus, the City will be offering telephone and email
options for public comments at this meeting. The public is encouraged to participate in this meeting
by telephone or email as follows:
You are strongly encouraged to watch the meeting live on the City of Gilroy’s website at
www.cityofgilroy.org or on Cable Channel 17. To view from the website, select the Council Agendas
and Videos button from the home page.
PUBLIC COMMENTS WILL BE TAKEN ON AGENDA ITEMS BEFORE ACTION IS TAKEN BY
THE PLANNING COMMISSION.COMMENTS MAY BE EMAILED TO THE CLERK PRIOR TO OR
DURING THE MEETING AT christina.ruiz@cityofgilroy.org AND MUST BE RECEIVED BEFORE
THE CHAIR OPENS PUBLIC COMMENT FOR THE ITEM. ADDITIONALLY, COMMENTS MAY BE
MADE BY LEAVING A VOICE MESSAGE AT (408) 846-0269, PRIOR TO 5:00 P.M. MAY 14, 2020.
IMPORTANT: identify the Agenda Item Number or PUBLIC COMMENT in the subject line of
your email. The Clerk will read the first three minutes of each email into the public reco rd.
In compliance with the Americans with Disabilities Act, and Governors Order N -29-20, the City
will make reasonable arrangements to ensure accessibility to this meeting. If you need
special assistance to participate in this meeting, please contact the Community Development
Department a minimum of 2 hours prior to the meeting at (408) 846-0269.
If you challenge any planning or land use decision made at this meeting in court, you may be limited to raising
only those issues you or someone else raised a t the public hearing held at this meeting, or in written
correspondence delivered to the Planning Commission at, or prior to, the public hearing. Please take notice
that the time within which to seek judicial review of any final administrative determination reached at this
meeting is governed by Section 1094.6 of the California Code of Civil Procedure.
A Closed Session may be called during this meeting pursuant to Government Code Section 54956.9(b)(1) if a
point has been reached where, in the opinion of th e legislative body of the City on the advice of its legal
counsel, based on existing facts and circumstances, there is a significant exposure to litigation against the City.
Materials related to an item on this agenda submitted to the Planning Commission after distribution of the
agenda packet are available for public inspection on the City website at www.cityofgilroy.org
I. PLEDGE OF ALLEGIANCE
II. REPORT ON POSTING THE AGENDA AND ROLL CALL
III. PUBLIC COMMENTS: (Three-minute time limit). This portion of the meeting is reserved for
persons desiring to address the Planning Commission on matters not on the agenda. The
law does not permit the Planning Commission action or extended discussion of any item
not on the agenda except under special circumstances. If Planning Commission action is
requested, the Planning Commission may place the matter on a future agenda. All
statements that require a response will be referred to staff for reply in writing.
PUBLIC HEARINGS FOR RELATED PROJECT APPLICATIONS WILL BE HEARD CONCURRENTLY AND
ACTION WILL BE TAKEN INDIVIDUALLY. COMPANION PROJECTS UNDER NEW BUSINESS WILL BE
TAKEN UP FOR ACTION PRIOR TO, OR IMMEDIATELY FOLLOWING THE RELATED PUBLIC HEARING.
THIS REQUIRES DEVIATION IN THE ORDER OF BUSINESS AS NOTED WITHIN THE AGENDA.
IV. CONSENT AGENDA
A. Minutes of the March 12, 2020 Regular Meeting
V. PUBLIC HEARINGS
A. Amendment of Gilroy City Code Chapter 30, repealing and replacing Article LIV,
Accessory Dwelling Units, in its entirety and adopting new standards in
compliance with State Government Code Section 65852.2 and Section 65852.22.
1. Staff Report: Kraig Tambornini, Senior Planner
2. Open Public Hearing
3. Close Public Hearing
4. Planning Commission Disclosure of Ex-Parte Communications
5. Possible Action:
Staff recommends that the Planning Commission adopt a resolution recommending
that the City Council approve the zoning ordinance amendments. (Roll Call Vote)
VI. NEW BUSINESS
VII. INFORMATIONAL ITEMS
A. Current Planning Projects
VIII. PRESENTATION BY MEMBERS OF THE PLANNING COMMISSION
IX. REPORTS BY COMMISSION MEMBERS
Chair Tom Fischer - General Plan Advisory Committee
Vice Chair Casey Estorga - Street Naming and High Speed Rail Authority
Commissioner John Doyle - Bicycle Pedestrian Commission
Commissioner Fabian Morales-Medina- Historic Heritage Committee
Commissioner Peter Fleming - Gilroy Downtown Business Association and South County
Joint Planning Advisory Committee
Commissioner Sam Kim - General Plan Advisory Committee
X. PLANNING MANAGER REPORT
XI. ASSISTANT CITY ATTORNEY REPORT
XII. ADJOURNMENT to the Next Meeting of May 21, 2020 at 6:30 P.M.
Planning Commission
Regular Meeting
of
MARCH 12, 2020
I. PLEDGE OF ALLEGIANCE
II. REPORT ON POSTING THE AGENDA AND ROLL CALL
Attendee Name Title Status Arrived
John Doyle Planning Commissioner Excused
Fabian Morales-Medina Planning Commissioner Present 6:21 PM
Peter Fleming Planning Commissioner Present 6:18 PM
Casey Estorga Vice Chair Present 6:19 PM
Sam Kim Planning Commissioner Present 6:26 PM
Tom Fischer Chair Present 6:21 PM
III. PUBLIC COMMENTS
IV. CONSENT AGENDA
A. Planning Commission Regular Meeting Minutes of February 6, 2020
V. PUBLIC HEARINGS
A. Adopt a resolution approving Conditional Use Permit (CUP) 19-01 (#19110033)
subject to certain findings and conditions. (Roll Call Vote)
1. Staff Report: Miguel Contreras, Planner I
2. Public Comment
3. Planning Commission Disclosure of Ex-Parte Communications
4. Possible Action:
Planner I, Miguel Contreras presented the report.
Commissioners asked questions and provided comments regarding the project.
Applicant Ryan Dickerson spoke.
Chair Fischer opened public comment.
Public members Gary Walton, John Webster, Alyssa Lehr, and Joel Gaeta spoke in
support of the project.
Chair Fischer closed public comment.
Disclosure of Ex-Parte Communication: None.
Motion was made by Commissioner Kim, seconded by Commissioner Fleming to adopt
a resolution approving Conditional Use Permit (CUP) 19-01 (#19110033) with the
exception of expanding the hours of operation to be from 0900 to 1200 subject to ABC
license regulations, with exceptions for hours during special events.
Motion Passes 5-0-1.
4.A
Packet Pg. 4 Communication: Minutes of the March 12, 2020 Regular Meeting (CONSENT AGENDA)
Aye's: Kim, Fleming, Morales-Medina, Estorga, Fischer
No's: None
Absent: Doyle
RESULT: APPROVE [UNANIMOUS]
MOVER: Sam Kim, Planning Commissioner
SECONDER: Peter Fleming, Planning Commissioner
AYES: Morales-Medina, Fleming, Estorga, Kim, Fischer
ABSENT: Doyle
VI. NEW BUSINESS
A. Planning Commissioner Attendance at City Council Meetings
1. Staff Report: Christina Ruiz, Management Assistant
2. Public Comment
3. Possible Action:
Discuss the role of Commission representative at City Council meetings and propose
recommendation to City Council.
Planning Manager, Julie Wyrick presented the report.
Commissioners discussed on the topic, including the role of Planning Commissioner at
the City Council meeting, the value of reporting back to the Commission, and the
possibility of staff presenting a summary of land use related City Council items to the
Commission.
Chair Fischer open public comment.
Chair Fischer closed public comment.
Motion was made by Vice Chair Estorga, seconded by Commissioner Morales-Medina
to stop the practice of attending City Council meetings.
Motion Passes 5-0-1.
Aye's: Kim, Fleming, Morales-Medina, Estorga, Fischer
No's: None
Absent: Doyle
RESULT: APPROVE [UNANIMOUS]
MOVER: Casey Estorga, Vice Chair
SECONDER: Fabian Morales-Medina, Planning Commissioner
AYES: Morales-Medina, Fleming, Estorga, Kim, Fischer
ABSENT: Doyle
VII. INFORMATIONAL ITEMS
4.A
Packet Pg. 5 Communication: Minutes of the March 12, 2020 Regular Meeting (CONSENT AGENDA)
A. Current Planning Projects
Planning Manager, Julie Wyrick presented the report.
B. Planning Staff Approvals
Planning Manager, Julie Wyrick presented the report.
VIII. PRESENTATION BY MEMBERS OF THE PLANNING COMMISSION
IX. REPORTS BY COMMISSION MEMBERS
Chair Tom Fischer - General Plan Advisory Committee; no meeting, no report.
Vice Chair Casey Estorga - Street Naming and High Speed Rail Authority; no meeting, no
report.
Commissioner John Doyle - Bicycle Pedestrian Commission; City Council Meetings for
February 3, 2020 and February 24, 2020; excused absence.
Commissioner Fabian Morales-Medina- Historic Heritage Committee; no quorum.
Commissioner Peter Fleming - Gilroy Downtown Business Association and South County
Joint Planning Advisory Committee; no meeting, no report.
Commissioner Sam Kim - General Plan Advisory Committee; no meeting, no report.
X. PLANNING MANAGER REPORT
Planning Manager, Julie Wyrick presented the report.
The Special Planning Commission Retreat tentatively scheduled for Saturday, March 21st
at Old City Hall Restaurant will be postponed to a later date; date and location are to be
determined.
XI. ASSISTANT CITY ATTORNEY REPORT
Assistant City Attorney, Jolie Houston presented the report.
Commissioners requested Assistant City Attorney, Jolie Houston to provide an update on
the changes of the Senate Bill 743 at the next Planning Commission meeting.
XII. ADJOURNMENT to the Next Meeting of March 19, 2020 at 6:30 P.M.
Christina Ruiz, Management Assistant
4.A
Packet Pg. 6 Communication: Minutes of the March 12, 2020 Regular Meeting (CONSENT AGENDA)
Karen L. Garner
DIRECTOR
Community Development
Department
7351 Rosanna Street, Gilroy, California 95020-61197
Telephone: (408) 846-0451 Fax (408) 846-0429
http://www.cityofgilroy.org
DATE: May 14, 2020
TO: Planning Commission
FROM: Kraig Tambornini, Senior Planner
SUBJECT: Amendment of Gilroy City Code Chapter 30, repealing and
replacing Article LIV, Accessory Dwelling Units, in its entirety and
adopting new standards in compliance with State Government
Code Section 65852.2 and Section 65852.22.
RECOMMENDATION:
Staff recommends that the Planning Commission adopt a resolution recommending that
the City Council approve the zoning ordinance amendments. (Roll Call Vote)
BACKGROUND:
On January 1, 2020, new state laws became effectiv e which require local approval for
various types of accessory dwelling units (ADUs) on single-family and multi-family
zoned parcels. The current accessory dwelling unit provisions contained in Title 30
cannot be imposed and the City must use the new state regulations. However, if the
City adopts new regulations then some additional local controls may be included.
On February 10th, staff provided City Council with a report on state housing legislation
that included discussion of changes required to City ADU regulations. Council directed
staff to move forward with adoption of a local ordinance to implement the mandates of
state law.
ENVIRONMENTAL REVIEW:
Review and approval of Z 20-20 qualifies for an exemption from environmental review
under California Environmental Quality Act (“CEQA”) Section 15282(h); which provides
that CEQA does not apply to adoption of an Accessory Dwelling Unit ordinance to
implement Section 65852.2 of the Government Code (as further set forth in Section
21080.17 of the Public Resources Code). The action also would not constitute a
“project” within the meaning of CEQA under Section 15061(b) (3) of the CEQA
Guidelines, which states a project is exempt from CEQA when “[t]he activity is covered
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by the common sense exemption that CEQA applies only to projects which have the
potential for causing a significant impact to the environment. Where it can be seen with
certainty that there is no possibility that the activity in question may have a significant
effect on the environment, the activ ity is not subject to CEQA”.
ANALYSIS:
The City of Gilroy Accessory Dwelling Unit (ADU) provisions contained in Chapter
30.54, which on January 1, 2020 were superseded by state law, had set the maximum
accessory dwelling unit size at 600 square feet and one-bedroom. ADU’s only were
permitted on residentially zoned property developed with no more than one single-family
residence, and subject to a 6-foot side and rear setback . In addition, replacement
parking was required for garage conversions.
Under the new state regulations, now the City must permit construction of both one
accessory dwelling unit and one junior accessory dwelling unit with a single-family
residence. In addition, now the City must permit multiple accessory dwelling units on
multi-family developed properties.
The new state law allows one 1,200 square foot ADU and one 500 square foot junior
ADU on single family zoned and developed lots. On multi-family zoned and developed
properties, multiple accessory dwelling units can be proposed in an amount equal to 25-
percent of the multi-family complex density. The new law also voids any property deed
restrictions that would otherwise prohibit the construction of an ADU, and allows for 4-
foot side and rear yard setbacks, eliminates replacement parking requirements, and
removes owner occupancy requirements for ADU’s. The City is not required to adopt its
own ordinance, but if it does then some limited local restrictions and/or additional
flexibility in the rules may be applied. The attached draft ordinance has been developed
in consultation with the City Attorney’s office to conform to state law and to adopt those
limitations deemed consistent with the previous ADU ordinance that was in effect prior
to January 1, 2020.
Consultation with State HCD:
The final ordinance must any be sent to the state HCD for its review within 60 days of
adoption. Consultation with the HCD staff was initiated early in order to confirm staff
understanding of the law and help assure the final ordinance would be accepted as
adequate. HCD advised us that the local ordinance must avoid controls that would
inhibit construction of an ADU.
The HCD provided two specific clarifications on the draft provisions: 1) the ordinance
may not set a limit on number of bedrooms and, 2) (more significantly) the ordinance
may not set an upper limit on the size for internal conversions, other than 50% of the
primary residence size. Based on this, the City must allow up to 50% of a residence to
be converted for an ADU which could be larger than 1000 square feet in size.
Based upon the guidance received from the City attorney office and the state, the draft
ordinance complies with state law by allowing the following:
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Accessory Dwelling Units - Single Family and Duplex Residential Lots
A maximum size limit for detached units set at 1,000 square feet (in lieu of 1,200
square feet). Less than 1,000 square feet cannot be required
Internal conversions must be allowed up to 50% of the primary residence size.
16-foot height limit and 5-foot building separation is required for a detached unit.
The City cannot establish a lower building height.
4-foot interior side and rear yard setbacks are established for detached unit or
one-story attached unit of 800 square feet or less . The City cannot impose a
more restrictive setback standard.
Provides expedited review of an 800 square foot unit.
Requires no more than 1 parking space for a newly constructed unit (where
applicable) which can still be in tandem in an existing driveway.
Removes replacement parking obligation for removal of required parking.
Establishes no parking is required for internal conversions, units within ½ mile
walking distance from transit, historic properties , and certain other cases.
Removes owner occupancy requirement.
No fees imposed for units less than 750 square feet in size.
Prohibition on short term rental and separate sale of units is maintained.
Prior provision allowing unit over a garage, up to 24 feet in height, is proposed to
be re-established (state law eliminated this from its new rules).
Junior Accessory Dwelling Units - Single-Family Residential Lots
Allow a 500 square foot maximum size limit and limit this to internal conversions
only within a single-family residence (follows state law). The city may impose a
smaller unit size, as long as it allows for an efficiency unit.
Unit must provide an efficiency kitchen, access to sanitary facilities and exterior
access.
No additional parking or fees can be required.
Owner occupancy is required. Short term rental and separate sale or conveyance
remains prohibited.
Multi-family Accessory Dwelling Units
Units must be allowed within existing space that is not currently used for livable
area, including garages (but not required laundry facilities or other required
amenities).
The total number of such units shall not exceed 25 percent of the primary multi-
family units, except that at least 1 accessory unit must be allowed.
Also allows two additional detached accessory units that are no more than 16
feet in height and with 4 foot rear and side yard setbacks. Size limits cannot be
set that are more restrictive than state law.
Parking may not be required for new detached units in a complex that is within
one-half mile walking distance of transit; as defined in the ordinance.
The City could also elect to impose less restrictive standards, such as setbacks,
heights, size, etc. However, the City Council supported expedient adoption of new
standards that would impose the minimum mandates of state law. The draft ordinance
proposes only the minimum changes required to comply with state law.
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In accordance with Zoning Ordinance Section 30.52, the City Planning Commission
must review and recommend zoning amendments to the City Council. Staff has
determined that zoning amendment Z 20-01 would further public health, safety, welfare,
promote orderly development and implement the general plan by establishing
regulations that comply with state law. Staff recommends adoption of the draft
resolution recommending the draft ordinance changes to the City Council. A
memorandum prepared by the state Housing and Community Development agency has
also been attached, which summarizes the state law.
FINDINGS: Gilroy City Code Section 30.52.40 requires Planning Commission adoption
of the following findings to support the amendment:
i) That the amendment is necessary to carry out the general purpose of this chapter:
The proposed zoning revisions would further the public health, safety, general
welfare and promote orderly development by adopting local standards that
implement state law.
ii) That the amendment is necessary to carry out the applicable general plan goals and
policies.
The amendments would implement the general plan by imposing new minimum
standards that are consistent with requirements of state housing leg islation.
Public Outreach and Noticing: The ordinance was previously scheduled for review on
March 19, 2020. However, the meeting was continued to April 16, and ultimately
cancelled due to the recent COVID 19 outbreak. As required by law, on Friday, March 6,
2020, a notice of the prior Planning Commission meeting was advertised in The Gilroy
Dispatch (no less than 10 days prior to the meeting). Staff also directly notified local
homeowner associations about the proposed changes, and posted information on the
City website. In addition, the Planning Commission public hearing packets are available
through the City’s webpage.
On Friday May 1, 2020, notice of the new Planning Commission public hearing was
advertised in The Gilroy Dispatch (no less than 10 days prior to the meeting). Staff also
directly notified local homeowner associations about the proposed changes, and posted
information on the City website. Given that the amendments apply city -wide a separate
mailed notice to property owners was not required.
Attachments:
1. PC Resolution Z 20-01
2. State HCD Memo Summarizing ADU Law Changes
3. State ADU Laws 65852.2 & 65852.22
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RESOLUTION NO. 2020-XX
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF GILROY
RECOMMENDING TO THE CITY COUNCIL AMENDMENTS TO THE GILROY
CITY CODE, CHAPTER 30, REPEALING AND REPLACING ARTICLE LIV.
ACCESSORY DWELLING UNITS IN ITS ENTIRETY AND ADOPTING NEW
STANDARDS IN COMPLIANCE WITH STATE LAW
WHEREAS, Zoning Text Amendments of the Gilroy City Code Chapter 30 (Zoning
Ordinance) are proposed to make revisions to the accessory dwelling unit standards and comply with
state law, specifically Government Code Sections 65852.2 and 65852.22, which became effective on
January 1, 2020; and
WHEREAS, the Planning Commission held a duly noticed public hearing on May 14, 2020, in
accordance with the City of Gilroy Zoning Ordinance (Article LII), at which time the Planning
Commission received and considered the Zoning Code amendments, considered the staff report and
written and oral public testimony related to Zoning Text Amendment file number Z 20-01, and
thereafter recommended that the City Council approve said amendments; and
WHEREAS, the City has determined that review and approval of the provisions contained in
the Zoning Amendment file number Z 20-01 is exempt from environmental review under the
California Environmental Quality Act (“CEQA”) pursuant to Section 15282(h) of the CEQA
guidelines, which provides that CEQA does not apply to adoption of an Accessory Dwelling Unit
ordinance proposed to implement the provisions of Section’s 65852.2 and 65852.22 of the State of
California Government Code, as set forth in Section 21080.17 of the Public Resources Code. In
addition, the action being considered does not constitute a “project” within the meaning of CEQA
pursuant to the provisions of Section 15061(b) (3) of the CEQA Guidelines, which states that a
project is exempt from CEQA when “[t]he activity is covered by the common sense exemption that
CEQA applies only to projects which have the potential for causing a significant impact to the
environment. Where it can be seen with certainty that there is no possibility that the activity in
question may have a significant effect on the environment, the activity is not subject to CEQA;” and
WHEREAS, in accordance with City of Gilroy Zoning Code Section’s 30.52.40 and 30.52.60,
the Planning Commission finds that the proposed Zoning Ordinance Amendment implements the
applicable general plan, in particular the underlying residential and mixed use land use designations
and the Housing Element, and conforms to state law given that construction of accessory dwelling
units and junior accessory dwelling units is a permitted land use type that is mandated pursuant to
State Government Code Section’s 65852.2 and 65852.22.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Gilroy
hereby recommends to the City Council the approval of Zoning Amendments Z 20-01 as identified in
Exhibit A to this Resolution.
5.A.a
Packet Pg. 11 Attachment: PC Resolution Z 20-01 [Revision 3] (2770 : Accessory Dwelling Unit Ordinance)
Resolution No. 2020-XX
Page 2
Ord Z 20-01
PASSED AND ADOPTED this 14th day of May 2020 by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST: APPROVED:
_________________________________ __________________________________
Julie Wyrick, Planning Division Manager Tom Fischer, Chairperson
Exhibit A: Draft City Council Ordinance Amendment No. Z 20-01
5.A.a
Packet Pg. 12 Attachment: PC Resolution Z 20-01 [Revision 3] (2770 : Accessory Dwelling Unit Ordinance)
Resolution No. 2020-XX
Page 3
Ord Z 20-01
Exhibit A
ORDINANCE NO. 2020-XX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY
AMENDING THE GILROY CITY CODE, CHAPTER 30, REPEALING AND
REPLACING ARTICLE LIV. ACCESSORY DWELLING UNITS IN ITS
ENTIRETY AND ADOPTING NEW STANDARDS IN COMPLIANCE WITH
STATE LAW
WHEREAS, Zoning Text Amendments of the Gilroy City Code Chapter 30 (Zoning
Ordinance) are proposed to make revisions to the accessory dwelling unit standards and comply with
state law, specifically Government Code Sections 65852.2 and 65852.22, which became effective on
January 1, 2020; and
WHEREAS, the Planning Commission held a duly noticed public hearing on May 14, 2020, in
accordance with the City of Gilroy Zoning Ordinance Article LII, at which time the Planning
Commission received and considered the Zoning Code amendments and staff report pertaining to
Zoning Amendment file Z 20-01, took and considered the written and oral public testimony related to
Zoning Amendment Z 20-01 and thereafter recommended that the City Council approve said
amendments; and
WHEREAS, the City Council held a duly noticed public hearing on June 15, 2020, at which
time the City Council received and considered Zoning Amendment file number Z 20-01, took and
considered written and oral public testimony, the staff report, and all other documentation related to
application Z 20-01; and
WHEREAS, the City has determined that the review and approval of the provisions contained
in the Zoning Amendment file number Z 20-01 is exempt from environmental review under the
California Environmental Quality Act (“CEQA”) pursuant to Section 15282(h) of the CEQA
guidelines, which provides that CEQA does not apply to adoption of an Accessory Dwelling Unit
ordinance proposed to implement the provisions of Section’s 65852.2 and 65852.22 of the
Government Code, as set forth in Section 21080.17 of the Public Resources Code. In addition, the
action being considered does not constitute a “project” within the meaning of CEQA pursuant to the
provisions of Section 15061(b) (3) of the CEQA Guidelines, which states that a project is exempt
from CEQA when “[t]he activity is covered by the common sense exemption that CEQA applies only
to projects which have the potential for causing a significant impact to the environment. Where it can
be seen with certainty that there is no possibility that the activity in question may have a significant
effect on the environment, the activity is not subject to CEQA;” and
WHEREAS, in accordance with City of Gilroy Zoning Code Section’s 30.52.40 and 30.52.60,
the Planning Commission has recommended, and the City Council finds, that the proposed Zoning
Ordinance Amendment implements the general plan, specifically its residential and mixed use land
5.A.a
Packet Pg. 13 Attachment: PC Resolution Z 20-01 [Revision 3] (2770 : Accessory Dwelling Unit Ordinance)
Resolution No. 2020-XX
Page 4
Ord Z 20-01
use designations and Housing Element, and is in conformance with state law, given that the
Ordinance provides for construction of accessory dwelling units and junior accessory dwelling units
within the City as required by state law (Government Code Sections 65852.2 and 65852.22); and
WHEREAS, the location and custodian of the documents or other materials that constitute the
record of proceedings upon which Z 20-01 approval is based is the office of the City Clerk.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION I
Gilroy City Code, Chapter 30, Zoning, Article LIV. Accessory Dwelling Units, inclusive
of Sections 30.54.10 through 30.54.40, are hereby repealed in their entirety and replaced with the
new standards which shall read as follows:
Section 30.54.10 Purpose and Intent.
The intent of this article is to provide for accessory dwelling units and junior second dwelling units on
lots zoned to allow single-family, duplex and multifamily dwelling residential use and that include a
proposed or existing primary residential dwelling. Accessory dwelling units contribute needed
housing to the City of Gilroy’s housing stock and enhance housing opportunities. An accessory
dwelling unit is considered a residential use that is consistent with the existing general plan and
zoning designations for the lot. The accessory dwelling unit is not included in calculation of
residential density for the purposes of determining general plan conformance.
30.54.20 General Requirements.
Notwithstanding any local ordinance regulating the issuance of variances or special use permits, or
any regulations adopted herein to the contrary, an application for a building permit to construct an
accessory dwelling unit, or junior accessory dwelling unit, or efficiency unit (“accessory dwelling”)
shall be approved or denied ministerially without discretionary review or hearing within sixty (60)
days from the date the city receives a completed application if there is an existing single-family or
multifamily dwelling on the lot. The following requirements apply to all accessory dwellings:
(a) An accessory dwelling shall not be rented for periods less than thirty (30) days. Short term rentals
are prohibited.
(b) An accessory dwelling shall not be sold separately from the primary residential structure.
(c) Prior to the issuance of a building permit for an accessory dwelling unit and/or a junior accessory
dwelling unit the owner must record a deed restriction stating that dwelling units on the property may
not be rented for periods less than thirty (30) days and that the accessory dwelling(s) may not be
transferred or sold separate from the primary residential structure. In addition, the deed restriction for
a junior accessory dwelling unit shall include an owner-occupancy requirement in compliance with
5.A.a
Packet Pg. 14 Attachment: PC Resolution Z 20-01 [Revision 3] (2770 : Accessory Dwelling Unit Ordinance)
Resolution No. 2020-XX
Page 5
Ord Z 20-01
this article. However, no owner-occupancy requirement shall be imposed on an accessory dwelling
unit permitted January 1, 2020 to January 1, 2025.
(d) The installation of fire sprinklers shall not be required for an accessory dwelling if sprinklers are
not otherwise required for the primary residence.
(e) Accessory dwellings are subject to the design standards and other zoning requirements of the
zoning district in which the existing primary dwelling is located and must be built in accordance with
the building code set forth in Chapter 6, except for those design, zoning, and building standards
inconsistent with state requirements under California Government Code Section 65852.2.
(f) An accessory dwelling is not subject to residential accessory structure regulations.
(g) An accessory dwelling will not be subject to any charges and fees other than building permit fees
generally applicable to residential construction in the zone in which the property is located, except as
otherwise provided herein.
(h) Any connection fees and capacity charges that may be required must be assessed in compliance
with the provisions of State Government Code Section 65852.2 and 65852.22.
(i) The accessory dwelling must contain water, sewer and gas and/or electric utility connections that
are in working condition upon its occupancy. The accessory dwelling may be serviced by the primary
residence or may have separate utility meters. The accessory dwelling will not be considered a new
residential use for the purpose of calculating connection fees or capacity charges for these utilities.
(j) An accessory dwelling unit must have an independent electrical sub-panel, water heating and
space heating equipment within the unit or be readily accessible to the occupant on the exterior of the
unit.
(k) Ministerial approval of a permit for creation of an accessory dwelling shall not be conditioned on
the correction of pre-existing nonconforming zoning conditions.
(l) A certificate of occupancy for any accessory dwelling shall not be issued before the local agency
issues a certificate of occupancy for the primary dwelling.
(m) If the applicant requests a delay in processing the 60-day time period shall be tolled for the period
of the delay.
30.54.30 Single-Family Residential Accessory Dwelling Unit Standards
Notwithstanding any other provisions of this Article, or of this chapter to the contrary, one (1)
residential accessory dwelling unit shall be a permitted as a single family residential use that complies
with the following:
(a) Zoning. An accessory dwelling unit shall be allowed on any residential parcel in any zoning
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district that permits single-family residential development and which contains an existing or proposed
primary single-family residential use.
(b) Number. Only one (1) detached accessory dwelling unit may be permitted on a parcel that
contains not more than one existing or proposed single-family residence.
(c) Primary Dwelling Relationship. An accessory dwelling unit may be within, attached to, or
detached from, the proposed or existing primary dwelling, provided that:
(1) A single-family residential accessory dwelling unit contained within or attached to an
existing primary dwelling unit shall have independent exterior access from the existing residence; and
(2) A detached accessory dwelling unit must be located at least five (5) feet from the proposed
primary residential structure, unless the detached accessory dwelling unit structure is proposed to
conform to the main structure setbacks.
(d) Size.
(1) A detached accessory dwelling unit shall not exceed a maximum size of one thousand
(1,000) square feet in floor area.
(2) An attached accessory dwelling unit, including internal conversions of existing primary
living space, shall be permitted not exceed fifty (50) percent of the existing primary dwelling gross
floor area, garage area excluded. Notwithstanding this requirement, an eight hundred (800) square
foot accessory dwelling unit shall be allowed.
(e) Height.
(1) The maximum height for a detached accessory dwelling unit shall be one-story and sixteen
(16) feet.
(2) The maximum height for a structure composed of a detached garage and an accessory
dwelling unit that is proposed to be constructed above a detached garage shall be twenty-four (24)
feet.
(3) Attached accessory dwelling units shall be subject to the same height limits established for
the primary residential structure.
(f) Setbacks. An accessory dwelling unit is subject to the design criteria and zoning requirements of
the district in which the existing single-family dwelling is located and as follows:
(1) An accessory dwelling unit must not encroach upon the required front yard area.
(2) A setback of four (4) feet from the side and rear lot lines shall be required for a newly
constructed (i.e., new construction), detached accessory dwelling unit, that is not constructed in the
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same location and to the same dimensions as an existing structure.
(3) Notwithstanding the setback limitation provided above, a newly constructed attached
accessory dwelling unit, or a newly constructed detached unit that is located closer than five (5) feet to
the existing residence, shall be subject to the same setback requirements applicable to the primary
structure as specified by the zoning district in which the parcel is located.
(4) No additional zoning setback is required for conversion of an existing permitted accessory
structure, living area, or garage space, or conversion of a structure that is constructed in the same
location and to the same dimensions as the existing structure.
(g) An accessory dwelling unit must be built in accordance with the building code set forth in Chapter
6, except that any design, zoning, and building standards inconsistent with state requirements under
California Government Code Section 65852.2 shall not apply.
(h) Parking. One (1) additional parking space shall be required for a newly constructed (i.e., new
construction) accessory dwelling unit, which may be located within the front setback, in tandem and
in an existing driveway that provides at least 18 feet of clearance from the back of sidewalk. Parking
in setback areas or tandem parking may be denied if found to be infeasible due to specific site or life
safety conditions. Notwithstanding the above, a parking stall will not be required for an accessory
dwelling unit that meets any of the following criteria:
(1) The accessory dwelling unit is created as a result of the conversion of existing area of the
single-family residence or existing permitted single-family residential accessory structure.
(2) An existing single-family residential garage, carport or parking structure is converted or
demolished to accommodate an accessory dwelling unit in the same location.
(3) The accessory dwelling unit is within one-half (1/2) mile walking distance of a public
transit station, such as a bus stop or train station.
(4) The property is within an architecturally and historically significant historic district.
(5) On-street parking permits are required in the area but not offered to the occupant of the
residential accessory dwelling unit.
(6) A car share vehicle share is located within one (1) block of the accessory dwelling unit.
(i) Design Standards. Architectural review of an attached or detached accessory dwelling unit will be
limited to the following:
(1) The architectural features, window styles, roof slopes, exterior materials, colors,
appearance, and design of the single-family residential accessory dwelling unit must be compatible
with the existing primary dwelling.
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(2) Any window, door or deck of an accessory dwelling unit must utilize design techniques to
lessen views onto adjacent properties to preserve the privacy of residents.
(3) An accessory dwelling unit located within a historic site or neighborhood combining
district will be subject to ministerial review for compliance with the design review criteria set forth in
section 30.27.40 and must be consistent with the Secretary of Interior’s Standards for the Treatment of
Historic Properties.
(4) Outside stairways serving a second story accessory dwelling unit shall not be constructed
on any building elevation facing a public street.
(5) No passageway will be required in conjunction with the construction of an accessory
dwelling unit.
(j) Streamlined Accessory Dwelling Units. Notwithstanding the above restrictions of this section
30.54.30, a building permit application shall be ministerially approved for an attached or detached
single-family accessory dwelling unit that is proposed on a lot with a proposed or existing family
dwelling if the accessory dwelling complies with all of the following minimum standards:
(1) The front yard setback requirement is provided for new construction;
(2) A setback of at least four (4) feet is provided from side and rear lot lines;
(3) Eight hundred (800) square feet maximum floor area is proposed; and
(4) Sixteen (16) feet maximum height is proposed.
30.54.40 Junior accessory dwelling unit standards.
Notwithstanding any other provisions in this Article or of this chapter to the contrary, a junior
accessory dwelling unit shall be permitted within a single-family residential unit and comply with the
following:
(a) Owner-occupancy of the property shall be required. The owner must reside in the primary single-
family residence, junior accessory dwelling unit or separate residential accessory dwelling unit
constructed on the property in compliance with this Article.
(b) One (1) junior accessory dwelling unit may be permitted per residential lot zoned for a single-
family residential use, provided that the lot has not more than one (1) existing or proposed single-
family residence, and not more than one (1) attached or detached, residential accessory dwelling unit
if constructed in compliance with all applicable limitations of section 30.54.30.
(c) The unit must be constructed within the existing walls of an existing or proposed single-family
dwelling.
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(d) The square footage of the unit shall be at least the minimum size required for an efficiency unit,
up to a maximum size of five hundred (500) square feet in floor area.
(e) A separate entrance from the unit to the exterior of the residence shall be provided. Internal
connection may also be permitted.
(f) An efficiency kitchen must be provided in the unit which shall include all of the following:
(1) A cooking facility with appliances, which may be countertop appliances.
(2) A food preparation counter and storage cabinets that are of reasonable size in relation to
the size of the junior accessory dwelling unit.
(g) The unit may include separate bathroom facilities or may share bathroom facilities contained
within the primary residence.
(h) No separate utility connection, connection fee or capacity charge, or parking space shall be
required for a junior accessory dwelling unit.
30.54.50 Multi-family and Duplex Residential accessory dwelling unit standards.
Notwithstanding any other provisions of this Article, or of this chapter to the contrary, accessory
dwelling units within duplex or multi-family zoned and developed properties shall be permitted and
comply with the following:
(a) Portions of the existing duplex or multifamily dwelling structure(s) that are not used as livable
space (including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or
garages), may be converted for use as accessory dwelling units provided that total number of units
must not exceed twenty-five (25) percent of the existing multi-family dwelling units or one (1) unit,
whichever is greater.
(b) An owner may also construct up to a maximum of two detached accessory dwelling units on a lot
that has an existing permitted duplex or multifamily dwelling, subject to a height limit of sixteen (16)
feet and four (4) foot rear yard and side setbacks.
(c) Each unit shall be limited in accordance with the maximum size parameters provided in Section
30.54.30(d).
30.54.60 Definitions.
As used in this section, the following terms mean:
“Accessory dwelling unit” means an attached or a detached residential dwelling unit that provides
complete independent living facilities for one or more persons and is located on a lot with a proposed
or existing primary residence. It shall include permanent provisions for living, sleeping, eating,
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cooking and food preparation area (which may include countertop appliances), and sanitation on the
same parcel as the single-family or multi-family dwelling is or will be situated. An accessory dwelling
unit also includes the following:
(A) An efficiency unit, as defined in Section 17958.1 of the Health and Safety Code.
(B) A manufactured home, as defined in Section 18007 of the Health and Safety Code.
“Attached accessory dwelling unit” means a residential dwelling unit that is created as a result of
internal conversion, addition, or combination thereof made to the primary residential dwelling unit.
“Living area” means the interior habitable area of a dwelling unit, including basements and attics, but
does not include a garage or any accessory structure.
“Nonconforming zoning condition” means a physical improvement on a property that does not
conform to current zoning standards.
“Public transit” means a location, including, but not limited to, a bus stop or train station, where the
public may access buses, trains, subways, and other forms of transportation that charge set fares, run
on fixed routes, and are available to the public.
“Tandem parking” means that two or more automobiles are parked on a driveway or in any other
location on a lot, lined up behind one another.
SECTION II
Gilroy City Code, Chapter 30, Zoning, Article II. Definitions Section 30.2.20 “Accessory
dwelling unit” definition and the “Living area” definition are hereby repealed and replaced with
new definitions which shall read as follows:
“ “Accessory dwelling unit” means an attached or a detached residential dwelling unit that provides
complete independent living facilities for one or more persons and is located on a lot with a proposed
or existing primary residence. It shall include permanent provisions for living, sleeping, eating,
cooking and food preparation area (which may include countertop appliances), and sanitation on the
same parcel as the single-family or multi-family dwelling is or will be situated. An accessory dwelling
unit also includes the following:
(A) An efficiency unit, as defined in Section 17958.1 of the Health and Safety Code.
(B) A manufactured home, as defined in Section 18007 of the Health and Safety Code.”
And,
“ “Living area” means the interior habitable area of a dwelling unit, including basements and attics,
but does not include a garage or any accessory structure. ”
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SECTION III
Gilroy City Code, Chapter 30, Zoning, Article XI. Residential Land Use Tables, Section
30.11.10(c), sub-note 1, is hereby repealed and replaced to read as follows:
“ 1 Accessory dwelling unit(s) and/or junior accessory dwelling units may be allowed subject to
compliance with the regulations prescribed in Article LIV of this chapter. ”
SECTION IV
If any section, subsection, subdivision, sentence, clause, or phrase of this Ordinance is for any
reason held to be unconstitutional or otherwise void or invalid by any court of competent jurisdiction,
the validity of the remaining portion of this Ordinance shall not be affected thereby. SECTION V
Pursuant to section 608 of the Charter of the City of Gilroy, this Ordinance shall be in full
force and effect thirty (30) days from and after the date of its adoption.
PASSED AND ADOPTED this __ day of ___, 2020 by the following roll call vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
APPROVED:
Roland Velasco, Mayor
ATTEST:
Shawna Freels, City Clerk
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STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES, AND HOUSING AGENCY Gavin Newsom, Governor DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
DIVISION OF HOUSING POLICY DEVELOPMENT
2020 W. El Camino Avenue, Suite 500
Sacramento, CA 95833
(916) 263-2911 / FAX (916) 263-7453
www.hcd.ca.gov
MEMORANDUM
DATE: January 10, 2020
TO: Planning Directors and Interested Parties
FROM: Zachary Olmstead, Deputy Director
Division of Housing Policy Development
SUBJECT: Local Agency Accessory Dwelling Units
Chapter 653, Statutes of 2019 (Senate Bill 13)
Chapter 655, Statutes of 2019 (Assembly Bill 68)
Chapter 657, Statutes of 2019 (Assembly Bill 587)
Chapter 178, Statutes of 2019 (Assembly Bill 670)
Chapter 658, Statutes of 2019 (Assembly Bill 671)
Chapter 659, Statutes of 2019 (Assembly Bill 881)
This memorandum is to inform you of the amendments to California law, effective
January 1, 2020, regarding the creation of accessory dwelling units (ADU) and junior
accessory dwelling units (JADU). Chapter 653, Statutes of 2019 (Senate Bill 13,
Section 3), Chapter 655, Statutes of 2019 (Assembly Bill 68, Section 2) and Chapter
659 (Assembly Bill 881, Section 1.5 and 2.5) build upon recent changes to ADU and
JADU law (Government Code Section 65852.2, 65852.22 and Health & Safety Code
Section 17980.12) and further address barriers to the development of ADUs and
JADUs. (Attachment A includes the combined ADU statute updates from SB 13, AB 68
and AB 881).
This recent legislation, among other changes, addresses the following:
• Development standards shall not include requirements on minimum lot size
(Section (a)(1)(B)(i)).
• Clarifies areas designated for ADUs may be based on water and sewer and
impacts on traffic flow and public safety.
• Eliminates owner-occupancy requirements by local agencies (Section (a)(6) &
(e)(1)) until January 1, 2025.
• Prohibits a local agency from establishing a maximum size of an ADU of less than
850 square feet, or 1000 square feet if the ADU contains more than one bedroom
(Section (c)(2)(B)).
• Clarifies that when ADUs are created through the conversion of a garage,
carport or covered parking structure, replacement offstreet parking spaces
cannot be required by the local agency (Section (a)(1)(D)(xi)).
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• Reduces the maximum ADU and JADU application review time from 120 days to
60 days (Section (a)(3) and (b)).
• Clarifies “public transit” to include various means of transportation that charge
set fees, run on fixed routes and are available to the public (Section (j)(10)).
• Establishes impact fee exemptions or limitations based on the size of the ADU.
ADUs up to 750 square feet are exempt from impact fees and impact fees for an
ADU of 750 square feet or larger shall be proportional to the relationship of the
ADU to the primary dwelling unit (Section (f)(3)).
• Defines an “accessory structure” to mean a structure that is accessory or
incidental to a dwelling on the same lot as the ADU (Section (j)(2)).
• Authorizes HCD to notify the local agency if the department finds that their ADU
ordinance is not in compliance with state law (Section (h)(2)).
• Clarifies that a local agency may identify an ADU or JADU as an adequate site
to satisfy RHNA housing needs as specified in Gov. Code Section 65583.1(a)
and 65852.2(m).
• Permits JADUs without an ordinance adoption by a local agency (Section (a)(3),
(b) and (e)).
• Allows a permitted JADU to be constructed within the walls of the proposed or
existing single-family residence and eliminates the required inclusion of an
existing bedroom or an interior entry into the single-family residence (Gov. Code
Section 65852.22).
• Allows upon application and approval, an owner of a substandard ADU 5 years
to correct the violation, if the violation is not a health and safety issue, as
determined by the enforcement agency (Section (n).
• Creates a narrow exemption to the prohibition for ADUs to be sold or otherwise
conveyed separate from the primary dwelling by allowing deed-restricted sales to
occur. To qualify, the primary dwelling and the ADU are to be built by a qualified
non-profit corporation whose mission is to provide units to low-income
households (Gov. Code Section 65852.26).
• Removes covenants, conditions and restrictions (CC&Rs) that either effectively
prohibit or unreasonably restrict the construction or use of an ADU or JADU on a
lot zoned for single-family residential use are void and unenforceable (Civil Code
Section 4751).
• Requires local agency housing elements to include a plan that incentivizes and
promotes the creation of ADUs that can offer affordable rents for very low, low-,
or moderate-income households and requires HCD to develop a list of state
grants and financial incentives in connection with the planning, construction and
operation of affordable ADUs (Gov. Code Section 65583 and Health and Safety
Code Section 50504.5) (Attachment D).
For assistance, please see the amended statutes in Attachments A, B, C and D. HCD
continues to be available to provide preliminary reviews of draft ADU ordinances to assist
local agencies in meeting statutory requirements. In addition, pursuant to Gov. Code
Section 65852.2(h), adopted ADU ordinances shall be submitted to HCD within 60 days of
adoption. For more information and updates, please contact HCD’s ADU team at
adu@hcd.ca.gov.
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ATTACHMENT A
GOV. CODE: TITLE 7, DIVISION 1, CHAPTER 4, ARTICLE 2
(AB 881, AB 68 and SB 13 Accessory Dwelling Units)
(Changes noted in strikeout, underline/italics)
Effective January 1, 2020, Section 65852.2 of the Government Code is amended to read:
65852.2.
(a) (1) A local agency may, by ordinance, provide for the creation of accessory dwelling units in areas
zoned to allow single-family or multifamily dwelling residential use. The ordinance shall do all of the
following:
(A) Designate areas within the jurisdiction of the local agency where accessory dwelling units may be
permitted. The designation of areas may be based on criteria that may include, but are not limited to,
the adequacy of water and sewer services and the impact of accessory dwelling units on traffic flow
and public safety. A local agency that does not provide water or sewer services shall consult with the
local water or sewer service provider regarding the adequacy of water and sewer services before
designating an area where accessory dwelling units may be permitted.
(B) (i) Impose standards on accessory dwelling units that include, but are not limited to, parking,
height, setback, lot coverage, landscape, architectural review, maximum size of a unit, and
standards that prevent adverse impacts on any real property that is listed in the California Register of
Historic Places. Resources. These standards shall not include requirements on minimum lot size.
(ii) Notwithstanding clause (i), a local agency may reduce or eliminate parking requirements for any
accessory dwelling unit located within its jurisdiction.
(C) Provide that accessory dwelling units do not exceed the allowable density for the lot upon which
the accessory dwelling unit is located, and that accessory dwelling units are a residential use that is
consistent with the existing general plan and zoning designation for the lot.
(D) Require the accessory dwelling units to comply with all of the following:
(i) The accessory dwelling unit may be rented separate from the primary residence, buy but may not
be sold or otherwise conveyed separate from the primary residence.
(ii) The lot is zoned to allow single-family or multifamily dwelling residential use and includes a
proposed or existing single-family dwelling.
(iii) The accessory dwelling unit is either attached to, or located within the living area of the within,
the proposed or existing primary dwelling or dwelling, including attached garages, storage areas or
similar uses, or an accessory structure or detached from the proposed or existing primary dwelling
and located on the same lot as the proposed or existing primary dwelling.
(iv) The total area of floorspace of If there is an existing primary dwelling, the total floor area of an
attached accessory dwelling unit shall not exceed 50 percent of the proposed or existing primary
dwelling living area or 1,200 square feet. existing primary dwelling.
(v) The total floor area of floorspace for a detached accessory dwelling unit shall not exceed 1,200
square feet.
(vi) No passageway shall be required in conjunction with the construction of an accessory dwelling
unit.
(vii) No setback shall be required for an existing garage living area or accessory structure or a
structure constructed in the same location and to the same dimensions as an existing structure that is
converted to an accessory dwelling unit or to a portion of an accessory dwelling unit, and a setback of
no more than five four feet from the side and rear lot lines shall be required for an accessory dwelling
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unit that is constructed above a garage. not converted from an existing structure or a new structure
constructed in the same location and to the same dimensions as an existing structure.
(viii) Local building code requirements that apply to detached dwellings, as appropriate.
(ix) Approval by the local health officer where a private sewage disposal system is being used, if
required.
(x) (I) Parking requirements for accessory dwelling units shall not exceed one parking space per
accessory dwelling unit or per bedroom, whichever is less. These spaces may be provided as
tandem parking on a driveway.
(II) Offstreet parking shall be permitted in setback areas in locations determined by the local agency
or through tandem parking, unless specific findings are made that parking in setback areas or
tandem parking is not feasible based upon specific site or regional topographical or fire and life
safety conditions.
(III) This clause shall not apply to a an accessory dwelling unit that is described in subdivision (d).
(xi) When a garage, carport, or covered parking structure is demolished in conjunction with the
construction of an accessory dwelling unit or converted to an accessory dwelling unit, and the local
agency requires shall not require that those offstreet offstreet parking spaces be replaced, the
replacement spaces may be located in any configuration on the same lot as the accessory dwelling
unit, including, but not limited to, as covered spaces, uncovered spaces, or tandem spaces, or by the
use of mechanical automobile parking lifts. This clause shall not apply to a unit that is described in
subdivision (d). replaced.
(xii) Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for
the primary residence.
(2) The ordinance shall not be considered in the application of any local ordinance, policy, or program
to limit residential growth.
(3) When a local agency receives its first application on or after July 1, 2003, for a permit pursuant to
this subdivision, the application A permit application for an accessory dwelling unit or a junior
accessory dwelling unit shall be considered and approved ministerially without discretionary review
or a hearing, notwithstanding Section 65901 or 65906 or any local ordinance regulating the issuance
of variances or special use permits, within 120 days after receiving the application. permits. The
permitting agency shall act on the application to create an accessory dwelling unit or a junior
accessory dwelling unit within 60 days from the date the local agency receives a completed
application if there is an existing single-family or multifamily dwelling on the lot. If the permit
application to create an accessory dwelling unit or a junior accessory dwelling unit is submitted with a
permit application to create a new single-family dwelling on the lot, the permitting agency may delay
acting on the permit application for the accessory dwelling unit or the junior accessory dwelling unit
until the permitting agency acts on the permit application to create the new single-family dwelling, but
the application to create the accessory dwelling unit or junior accessory dwelling unit shall be
considered without discretionary review or hearing. If the applicant requests a delay, the 60-day time
period shall be tolled for the period of the delay. A local agency may charge a fee to reimburse it for
costs that it incurs as a result of amendments to this paragraph enacted during the 2001–02 Regular
Session of the Legislature, incurred to implement this paragraph, including the costs of adopting or
amending any ordinance that provides for the creation of an accessory dwelling unit.
(4) An existing ordinance governing the creation of an accessory dwelling unit by a local agency or an
accessory dwelling ordinance adopted by a local agency subsequent to the effective date of the act
adding this paragraph shall provide an approval process that includes only ministerial provisions for
the approval of accessory dwelling units and shall not include any discretionary processes,
provisions, or requirements for those units, except as otherwise provided in this subdivision. In the
event that If a local agency has an existing accessory dwelling unit ordinance that fails to meet the
requirements of this subdivision, that ordinance shall be null and void upon the effective date of the
act adding this paragraph and that agency shall thereafter apply the standards established in this
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subdivision for the approval of accessory dwelling units, unless and until the agency adopts an
ordinance that complies with this section.
(5) No other local ordinance, policy, or regulation shall be the basis for the delay or denial of a
building permit or a use permit under this subdivision.
(6) This subdivision establishes the maximum standards that local agencies shall use to evaluate a
proposed accessory dwelling unit on a lot zoned for residential use that includes a proposed or
existing single-family dwelling. No additional standards, other than those provided in this subdivision,
shall be utilized used or imposed, including any owner-occupant requirement, except that a local
agency may require an applicant for a permit issued pursuant to this subdivision to be an owner-
occupant or that the property be used for rentals of terms longer than 30 days.
(7) A local agency may amend its zoning ordinance or general plan to incorporate the policies,
procedures, or other provisions applicable to the creation of an accessory dwelling unit if these
provisions are consistent with the limitations of this subdivision.
(8) An accessory dwelling unit that conforms to this subdivision shall be deemed to be an accessory
use or an accessory building and shall not be considered to exceed the allowable density for the lot
upon which it is located, and shall be deemed to be a residential use that is consistent with the
existing general plan and zoning designations for the lot. The accessory dwelling unit shall not be
considered in the application of any local ordinance, policy, or program to limit residential growth.
(b) When a local agency that has not adopted an ordinance governing accessory dwelling units in
accordance with subdivision (a) receives an application for a permit to create an accessory dwelling
unit pursuant to this subdivision, the local agency shall approve or disapprove the application
ministerially without discretionary review pursuant to subdivision (a) within 120 days after receiving
the application. (a). The permitting agency shall act on the application to create an accessory
dwelling unit or a junior accessory dwelling unit within 60 days from the date the local agency
receives a completed application if there is an existing single-family or multifamily dwelling on the lot.
If the permit application to create an accessory dwelling unit or a junior accessory dwelling unit is
submitted with a permit application to create a new single-family dwelling on the lot, the permitting
agency may delay acting on the permit application for the accessory dwelling unit or the junior
accessory dwelling unit until the permitting agency acts on the permit application to create the new
single-family dwelling, but the application to create the accessory dwelling unit or junior accessory
dwelling unit shall still be considered ministerially without discretionary review or a hearing. If the
applicant requests a delay, the 60-day time period shall be tolled for the period of the delay. If the
local agency has not acted upon the completed application within 60 days, the application shall be
deemed approved.
(c) (1) Subject to paragraph (2), a local agency may establish minimum and maximum unit size
requirements for both attached and detached accessory dwelling units.
(2) Notwithstanding paragraph (1), a local agency shall not establish by ordinance any of the
following:
(A) A minimum square footage requirement for either an attached or detached accessory dwelling
unit that prohibits an efficiency unit.
(B) A maximum square footage requirement for either an attached or detached accessory dwelling
unit that is less than either of the following:
(i) 850 square feet.
(ii) 1,000 square feet for an accessory dwelling unit that provides more than one bedroom.
(c) (C) A local agency may establish minimum and maximum unit size requirements for both
attached and detached accessory dwelling units. No minimum Any other minimum or maximum size
for an accessory dwelling unit, or size based upon a percentage of the proposed or existing primary
dwelling, shall be established by ordinance or limits on lot coverage, floor area ratio, open space, and
minimum lot size , for either attached or detached dwellings that does not permit at least an efficiency
unit to be constructed in compliance with local development standards. Accessory dwelling units shall
not be required to provide fire sprinklers if they are not required for the primary residence. 800 square
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foot accessory dwelling unit that is at least 16 feet in height with four-foot side and rear yard setbacks
to be constructed in compliance with all other local development standards.
(d) Notwithstanding any other law, a local agency, whether or not it has adopted an ordinance
governing accessory dwelling units in accordance with subdivision (a), shall not impose parking
standards for an accessory dwelling unit in any of the following instances:
(1) The accessory dwelling unit is located within one-half mile walking distance of public transit.
(2) The accessory dwelling unit is located within an architecturally and historically significant historic
district.
(3) The accessory dwelling unit is part of the proposed or existing primary residence or an accessory
structure.
(4) When on-street parking permits are required but not offered to the occupant of the accessory
dwelling unit.
(5) When there is a car share vehicle located within one block of the accessory dwelling unit.
(e) (1) Notwithstanding subdivisions (a) to (d), inclusive, a local agency shall ministerially approve an
application for a building permit to create within a zone for single-family use one accessory dwelling
unit per single-family lot if the unit is contained within the existing space of a single-family residence
or accessory structure, including, but not limited to, a studio, pool house, or other similar structure,
has independent exterior access from the existing residence, and the side and rear setbacks are
sufficient for fire safety. Accessory dwelling units shall not be required to provide fire sprinklers if they
are not required for the primary residence. A city may require owner occupancy for either the primary
or the accessory dwelling unit created through this process. within a residential or mixed-use zone to
create any of the following:
(A) One accessory dwelling unit or junior accessory dwelling unit per lot with a proposed or existing
single-family dwelling if all of the following apply:
(i) The accessory dwelling unit or junior accessory dwelling unit is within the proposed space of a
single-family dwelling or existing space of a single-family dwelling or accessory structure and may
include an expansion of not more than 150 square feet beyond the same physical dimensions as the
existing accessory structure. An expansion beyond the physical dimensions of the existing accessory
structure shall be limited to accommodating ingress and egress.
(ii) The space has exterior access from the proposed or existing single-family dwelling.
(iii) The side and rear setbacks are sufficient for fire and safety.
(iv) The junior accessory dwelling unit complies with the requirements of Section 65852.22.
(B) One detached, new construction, accessory dwelling unit that does not exceed four-foot side and
rear yard setbacks for a lot with a proposed or existing single-family dwelling. The accessory dwelling
unit may be combined with a junior accessory dwelling unit described in subparagraph (A). A local
agency may impose the following conditions on the accessory dwelling unit:
(i) A total floor area limitation of not more than 800 square feet.
(ii) A height limitation of 16 feet.
(C) (i) Multiple accessory dwelling units within the portions of existing multifamily dwelling structures
that are not used as livable space, including, but not limited to, storage rooms, boiler rooms,
passageways, attics, basements, or garages, if each unit complies with state building standards for
dwellings.
(ii) A local agency shall allow at least one accessory dwelling unit within an existing multifamily
dwelling and shall allow up to 25 percent of the existing multifamily dwelling units.
(D) Not more than two accessory dwelling units that are located on a lot that has an existing
multifamily dwelling, but are detached from that multifamily dwelling and are subject to a height limit
of 16 feet and four-foot rear yard and side setbacks.
(2) A local agency shall not require, as a condition for ministerial approval of a permit application for
the creation of an accessory dwelling unit or a junior accessory dwelling unit, the correction of
nonconforming zoning conditions.
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(3) The installation of fire sprinklers shall not be required in an accessory dwelling unit if sprinklers
are not required for the primary residence.
(4) A local agency shall require that a rental of the accessory dwelling unit created pursuant to this
subdivision be for a term longer than 30 days.
(5) A local agency may require, as part of the application for a permit to create an accessory dwelling
unit connected to an onsite water treatment system, a percolation test completed within the last five
years, or, if the percolation test has been recertified, within the last 10 years.
(6) Notwithstanding subdivision (c) and paragraph (1) a local agency that has adopted an ordinance
by July 1, 2018, providing for the approval of accessory dwelling units in multifamily dwelling
structures shall ministerially consider a permit application to construct an accessory dwelling unit that
is described in paragraph (1), and may impose standards including, but not limited to, design,
development, and historic standards on said accessory dwelling units. These standards shall not
include requirements on minimum lot size .
(f) (1) Fees charged for the construction of accessory dwelling units shall be determined in
accordance with Chapter 5 (commencing with Section 66000) and Chapter 7 (commencing with
Section 66012).
(2) Accessory An accessory dwelling units unit shall not be considered by a local agency, special
district, or water corporation to be a new residential use for the purposes of calculating connection
fees or capacity charges for utilities, including water and sewer service. service, unless the accessory
dwelling unit was constructed with a new single-family dwelling.
(3) (A) A local agency, special district, or water corporation shall not impose any impact fee upon the
development of an accessory dwelling unit less than 750 square feet. Any impact fees charged for an
accessory dwelling unit of 750 square feet or more shall be charged proportionately in relation to the
square footage of the primary dwelling unit.
(B) For purposes of this paragraph, “impact fee” has the same meaning as the term “fee” is defined in
subdivision (b) of Section 66000, except that it also includes fees specified in Section 66477. “Impact
fee” does not include any connection fee or capacity charge charged by a local agency, special
district, or water corporation.
(A) (4) For an accessory dwelling unit described in subparagraph (A) of paragraph (1) of subdivision
(e), a local agency, special district, or water corporation shall not require the applicant to install a new
or separate utility connection directly between the accessory dwelling unit and the utility or impose a
related connection fee or capacity charge. charge, unless the accessory dwelling unit was
constructed with a new single-family home.
(B) (5) For an accessory dwelling unit that is not described in subparagraph (A) of paragraph (1) of
subdivision (e), a local agency, special district, or water corporation may require a new or separate
utility connection directly between the accessory dwelling unit and the utility. Consistent with Section
66013, the connection may be subject to a connection fee or capacity charge that shall be
proportionate to the burden of the proposed accessory dwelling unit, based upon either its size
square feet or the number of its plumbing fixtures, drainage fixture unit (DFU) values, as defined in
the Uniform Plumbing Code adopted and published by the International Association of Plumbing and
Mechanical Officials, upon the water or sewer system. This fee or charge shall not exceed the
reasonable cost of providing this service.
(g) This section does not limit the authority of local agencies to adopt less restrictive requirements for
the creation of an accessory dwelling unit.
(h) Local (1) agencies A local agency shall submit a copy of the ordinance adopted pursuant to
subdivision (a) to the Department of Housing and Community Development within 60 days after
adoption. The department may review and comment on this submitted ordinance. After adoption of
an ordinance, the department may submit written findings to the local agency as to whether the
ordinance complies with this section.
(2) (A) If the department finds that the local agency’s ordinance does not comply with this section, the
department shall notify the local agency and shall provide the local agency with a reasonable time,
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no longer than 30 days, to respond to the findings before taking any other action authorized by this
section.
(B) The local agency shall consider the findings made by the department pursuant to subparagraph
(A) and shall do one of the following:
(i) Amend the ordinance to comply with this section.
(ii) Adopt the ordinance without changes. The local agency shall include findings in its resolution
adopting the ordinance that explain the reasons the local agency believes that the ordinance
complies with this section despite the findings of the department.
(3) (A) If the local agency does not amend its ordinance in response to the department’s findings or
does not adopt a resolution with findings explaining the reason the ordinance complies with this
section and addressing the department’s findings, the department shall notify the local agency and
may notify the Attorney General that the local agency is in violation of state law.
(B) Before notifying the Attorney General that the local agency is in violation of state law, the
department may consider whether a local agency adopted an ordinance in compliance with this
section between January 1, 2017, and January 1, 2020.
(i) The department may review, adopt, amend, or repeal guidelines to implement uniform standards
or criteria that supplement or clarify the terms, references, and standards set forth in this section. The
guidelines adopted pursuant to this subdivision are not subject to Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2.
(i) (j) As used in this section, the following terms mean:
(1) “Living area” means the interior habitable area of a dwelling unit including basements and attics
but does not include a garage or any accessory structure.
(2) “Local agency” means a city, county, or city and county, whether general law or chartered.
(3) For purposes of this section, “neighborhood” has the same meaning as set forth in Section
65589.5.
(4) (1) “Accessory dwelling unit” means an attached or a detached residential dwelling unit
which that provides complete independent living facilities for one or more persons. persons and is
located on a lot with a proposed or existing primary residence. It shall include permanent provisions
for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or
multifamily dwelling is or will be situated. An accessory dwelling unit also includes the following:
(A) An efficiency unit.
(B) A manufactured home, as defined in Section 18007 of the Health and Safety Code.
(2) “Accessory structure” means a structure that is accessory and incidental to a dwelling located on
the same lot.
(A) (3) An efficiency unit, “Efficiency unit” has the same meaning as defined in Section 17958.1 of
the Health and Safety Code.
(B) (4) A manufactured home, as defined in Section 18007 of the Health and Safety Code. “Living
area” means the interior habitable area of a dwelling unit, including basements and attics, but does
not include a garage or any accessory structure.
(5) “Local agency” means a city, county, or city and county, whether general law or chartered.
(6) “Neighborhood” has the same meaning as set forth in Section 65589.5.
(7) “Nonconforming zoning condition” means a physical improvement on a property that does not
conform with current zoning standards.
(5) (8) “Passageway” means a pathway that is unobstructed clear to the sky and extends from a
street to one entrance of the accessory dwelling unit.
(9) “Proposed dwelling” means a dwelling that is the subject of a permit application and that meets
the requirements for permitting.
(10) “Public transit” means a location, including, but not limited to, a bus stop or train station, where
the public may access buses, trains, subways, and other forms of transportation that charge set
fares, run on fixed routes, and are available to the public.
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(6) (11) “Tandem parking” means that two or more automobiles are parked on a driveway or in any
other location on a lot, lined up behind one another.
(k) A local agency shall not issue a certificate of occupancy for an accessory dwelling unit before the
local agency issues a certificate of occupancy for the primary dwelling.
(j) (l) Nothing in this section shall be construed to supersede or in any way alter or lessen the effect
or application of the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of
the Public Resources Code), except that the local government shall not be required to hold public
hearings for coastal development permit applications for accessory dwelling units.
(m) A local agency may count an accessory dwelling unit for purposes of identifying adequate sites
for housing, as specified in subdivision (a) of Section 65583.1, subject to authorization by the
department and compliance with this division.
(n) In enforcing building standards pursuant to Article 1 (commencing with Section 17960) of Chapter
5 of Part 1.5 of Division 13 of the Health and Safety Code for an accessory dwelling unit described in
paragraph (1) or (2) below, a local agency, upon request of an owner of an accessory dwelling unit
for a delay in enforcement, shall delay enforcement of a building standard, subject to compliance with
Section 17980.12 of the Health and Safety Code:
(1) The accessory dwelling unit was built before January 1, 2020.
(2) The accessory dwelling unit was built on or after January 1, 2020, in a local jurisdiction that, at the
time the accessory dwelling unit was built, had a noncompliant accessory dwelling unit ordinance, but
the ordinance is compliant at the time the request is made.
(o) This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
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(Becomes operative on January 1, 2025)
Section 65852.2 of the Government Code is amended to read (changes from January 1, 2020 statute
noted in underline/italic):
65852.2.
(a) (1) A local agency may, by ordinance, provide for the creation of accessory dwelling units in areas
zoned to allow single-family or multifamily dwelling residential use. The ordinance shall do all of the
following:
(A) Designate areas within the jurisdiction of the local agency where accessory dwelling units may be
permitted. The designation of areas may be based on the adequacy of water and sewer services and
the impact of accessory dwelling units on traffic flow and public safety. A local agency that does not
provide water or sewer services shall consult with the local water or sewer service provider regarding
the adequacy of water and sewer services before designating an area where accessory dwelling units
may be permitted.
(B) (i) Impose standards on accessory dwelling units that include, but are not limited to, parking,
height, setback, landscape, architectural review, maximum size of a unit, and standards that prevent
adverse impacts on any real property that is listed in the California Register of Historic Resources.
These standards shall not include requirements on minimum lot size.
(ii) Notwithstanding clause (i), a local agency may reduce or eliminate parking requirements for any
accessory dwelling unit located within its jurisdiction.
(C) Provide that accessory dwelling units do not exceed the allowable density for the lot upon which
the accessory dwelling unit is located, and that accessory dwelling units are a residential use that is
consistent with the existing general plan and zoning designation for the lot.
(D) Require the accessory dwelling units to comply with all of the following:
(i) The accessory dwelling unit may be rented separate from the primary residence, but may not be
sold or otherwise conveyed separate from the primary residence.
(ii) The lot is zoned to allow single-family or multifamily dwelling residential use and includes a
proposed or existing dwelling.
(iii) The accessory dwelling unit is either attached to, or located within, the proposed or existing
primary dwelling, including attached garages, storage areas or similar uses, or an accessory structure
or detached from the proposed or existing primary dwelling and located on the same lot as the
proposed or existing primary dwelling.
(iv) If there is an existing primary dwelling, the total floor area of an attached accessory dwelling unit
shall not exceed 50 percent of the existing primary dwelling.
(v) The total floor area for a detached accessory dwelling unit shall not exceed 1,200 square feet.
(vi) No passageway shall be required in conjunction with the construction of an accessory dwelling
unit.
(vii) No setback shall be required for an existing living area or accessory structure or a structure
constructed in the same location and to the same dimensions as an existing structure that is
converted to an accessory dwelling unit or to a portion of an accessory dwelling unit, and a setback of
no more than four feet from the side and rear lot lines shall be required for an accessory dwelling unit
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that is not converted from an existing structure or a new structure constructed in the same location
and to the same dimensions as an existing structure.
(viii) Local building code requirements that apply to detached dwellings, as appropriate.
(ix) Approval by the local health officer where a private sewage disposal system is being used, if
required.
(x) (I) Parking requirements for accessory dwelling units shall not exceed one parking space per
accessory dwelling unit or per bedroom, whichever is less. These spaces may be provided as
tandem parking on a driveway.
(II) Offstreet parking shall be permitted in setback areas in locations determined by the local agency
or through tandem parking, unless specific findings are made that parking in setback areas or
tandem parking is not feasible based upon specific site or regional topographical or fire and life
safety conditions.
(III) This clause shall not apply to an accessory dwelling unit that is described in subdivision (d).
(xi) When a garage, carport, or covered parking structure is demolished in conjunction with the
construction of an accessory dwelling unit or converted to an accessory dwelling unit, the local
agency shall not require that those offstreet parking spaces be replaced.
(xii) Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for
the primary residence.
(2) The ordinance shall not be considered in the application of any local ordinance, policy, or program
to limit residential growth.
(3) A permit application for an accessory dwelling unit or a junior accessory dwelling unit shall be
considered and approved ministerially without discretionary review or a hearing, notwithstanding
Section 65901 or 65906 or any local ordinance regulating the issuance of variances or special use
permits. The permitting agency shall act on the application to create an accessory dwelling unit or a
junior accessory dwelling unit within 60 days from the date the local agency receives a completed
application if there is an existing single-family or multifamily dwelling on the lot. If the permit
application to create an accessory dwelling unit or a junior accessory dwelling unit is submitted with a
permit application to create a new single-family dwelling on the lot, the permitting agency may delay
acting on the permit application for the accessory dwelling unit or the junior accessory dwelling unit
until the permitting agency acts on the permit application to create the new single-family dwelling, but
the application to create the accessory dwelling unit or junior accessory dwelling unit shall be
considered without discretionary review or hearing. If the applicant requests a delay, the 60-day time
period shall be tolled for the period of the delay. A local agency may charge a fee to reimburse it for
costs incurred to implement this paragraph, including the costs of adopting or amending any
ordinance that provides for the creation of an accessory dwelling unit.
(4) An existing ordinance governing the creation of an accessory dwelling unit by a local agency or an
accessory dwelling ordinance adopted by a local agency shall provide an approval process that
includes only ministerial provisions for the approval of accessory dwelling units and shall not include
any discretionary processes, provisions, or requirements for those units, except as otherwise
provided in this subdivision. If a local agency has an existing accessory dwelling unit ordinance that
fails to meet the requirements of this subdivision, that ordinance shall be null and void and that
agency shall thereafter apply the standards established in this subdivision for the approval of
accessory dwelling units, unless and until the agency adopts an on ordinance that complies with this
section.
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(5) No other local ordinance, policy, or regulation shall be the basis for the delay or denial of a
building permit or a use permit under this subdivision.
(6) (A) This subdivision establishes the maximum standards that local agencies shall use to evaluate
a proposed accessory dwelling unit on a lot that includes a proposed or existing single-family
dwelling. No additional standards, other than those provided in this subdivision, shall be used or
imposed, including any owner-occupant requirement, except that a local agency may require that the
property be used for rentals of terms longer than 30 days. imposed except that, subject to
subparagraph (B), a local agency may require an applicant for a permit issued pursuant to this
subdivision to be an owner-occupant or that the property be used for rentals of terms longer than 30
days.
(B) Notwithstanding subparagraph (A), a local agency shall not impose an owner-occupant
requirement on an accessory dwelling unit permitted between January 1, 2020, to January 1, 2025,
during which time the local agency was prohibited from imposing an owner-occupant requirement.
(7) A local agency may amend its zoning ordinance or general plan to incorporate the policies,
procedures, or other provisions applicable to the creation of an accessory dwelling unit if these
provisions are consistent with the limitations of this subdivision.
(8) An accessory dwelling unit that conforms to this subdivision shall be deemed to be an accessory
use or an accessory building and shall not be considered to exceed the allowable density for the lot
upon which it is located, and shall be deemed to be a residential use that is consistent with the
existing general plan and zoning designations for the lot. The accessory dwelling unit shall not be
considered in the application of any local ordinance, policy, or program to limit residential growth.
(b) When a local agency that has not adopted an ordinance governing accessory dwelling units in
accordance with subdivision (a) receives an application for a permit to create an accessory dwelling
unit pursuant to this subdivision, the local agency shall approve or disapprove the application
ministerially without discretionary review pursuant to subdivision (a). The permitting agency shall act
on the application to create an accessory dwelling unit or a junior accessory dwelling unit within 60
days from the date the local agency receives a completed application if there is an existing single-
family or multifamily dwelling on the lot. If the permit application to create an accessory dwelling unit
or a junior accessory dwelling unit is submitted with a permit application to create a new single-family
dwelling on the lot, the permitting agency may delay acting on the permit application for the
accessory dwelling unit or the junior accessory dwelling unit until the permitting agency acts on the
permit application to create the new single-family dwelling, but the application to create the accessory
dwelling unit or junior accessory dwelling unit shall still be considered ministerially without
discretionary review or a hearing. If the applicant requests a delay, the 60-day time period shall be
tolled for the period of the delay. If the local agency has not acted upon the completed application
within 60 days, the application shall be deemed approved.
(c) (1) Subject to paragraph (2), a local agency may establish minimum and maximum unit size
requirements for both attached and detached accessory dwelling units.
(2) Notwithstanding paragraph (1), a local agency shall not establish by ordinance any of the
following:
(A) A minimum square footage requirement for either an attached or detached accessory dwelling
unit that prohibits an efficiency unit.
(B) A maximum square footage requirement for either an attached or detached accessory dwelling
unit that is less than either of the following:
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(i) 850 square feet.
(ii) 1,000 square feet for an accessory dwelling unit that provides more than one bedroom.
(C) Any other minimum or maximum size for an accessory dwelling unit, size based upon a
percentage of the proposed or existing primary dwelling, or limits on lot coverage, floor area ratio,
open space, and minimum lot size, for either attached or detached dwellings that does not permit at
least an 800 square foot accessory dwelling unit that is at least 16 feet in height with four-foot side
and rear yard setbacks to be constructed in compliance with all other local development standards.
(d) Notwithstanding any other law, a local agency, whether or not it has adopted an ordinance
governing accessory dwelling units in accordance with subdivision (a), shall not impose parking
standards for an accessory dwelling unit in any of the following instances:
(1) The accessory dwelling unit is located within one-half mile walking distance of public transit.
(2) The accessory dwelling unit is located within an architecturally and historically significant historic
district.
(3) The accessory dwelling unit is part of the proposed or existing primary residence or an accessory
structure.
(4) When on-street parking permits are required but not offered to the occupant of the accessory
dwelling unit.
(5) When there is a car share vehicle located within one block of the accessory dwelling unit.
(e) (1) Notwithstanding subdivisions (a) to (d), inclusive, a local agency shall ministerially approve an
application for a building permit within a residential or mixed-use zone to create any of the following:
(A) One accessory dwelling unit or junior accessory dwelling unit per lot with a proposed or existing
single-family dwelling if all of the following apply:
(i) The accessory dwelling unit or junior accessory dwelling unit is within the proposed space of a
single-family dwelling or existing space of a single-family dwelling or accessory structure and may
include an expansion of not more than 150 square feet beyond the same physical dimensions as the
existing accessory structure. An expansion beyond the physical dimensions of the existing accessory
structure shall be limited to accommodating ingress and egress.
(ii) The space has exterior access from the proposed or existing single-family dwelling.
(iii) The side and rear setbacks are sufficient for fire and safety.
(iv) The junior accessory dwelling unit complies with the requirements of Section 65852.22.
(B) One detached, new construction, accessory dwelling unit that does not exceed four-foot side and
rear yard setbacks for a lot with a proposed or existing single-family dwelling. The accessory dwelling
unit may be combined with a junior accessory dwelling unit described in subparagraph (A). A local
agency may impose the following conditions on the accessory dwelling unit:
(i) A total floor area limitation of not more than 800 square feet.
(ii) A height limitation of 16 feet.
(C) (i) Multiple accessory dwelling units within the portions of existing multifamily dwelling structures
that are not used as livable space, including, but not limited to, storage rooms, boiler rooms,
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passageways, attics, basements, or garages, if each unit complies with state building standards for
dwellings.
(ii) A local agency shall allow at least one accessory dwelling unit within an existing multifamily
dwelling and may shall allow up to 25 percent of the existing multifamily dwelling units.
(D) Not more than two accessory dwelling units that are located on a lot that has an existing
multifamily dwelling, but are detached from that multifamily dwelling and are subject to a height limit
of 16 feet and four-foot rear yard and side setbacks.
(2) A local agency shall not require, as a condition for ministerial approval of a permit application for
the creation of an accessory dwelling unit or a junior accessory dwelling unit, the correction of
nonconforming zoning conditions.
(3) The installation of fire sprinklers shall not be required in an accessory dwelling unit if sprinklers
are not required for the primary residence.
(4) A local agency may require owner occupancy for either the primary dwelling or the accessory
dwelling unit on a single-family lot, subject to the requirements of paragraph (6) of subdivision (a).
(5) A local agency shall require that a rental of the accessory dwelling unit created pursuant to this
subdivision be for a term longer than 30 days.
(5) (6) A local agency may require, as part of the application for a permit to create an accessory
dwelling unit connected to an onsite water treatment system, a percolation test completed within the
last five years, or, if the percolation test has been recertified, within the last 10 years.
(6) (7) Notwithstanding subdivision (c) and paragraph (1) a local agency that has adopted an
ordinance by July 1, 2018, providing for the approval of accessory dwelling units in multifamily
dwelling structures shall ministerially consider a permit application to construct an accessory dwelling
unit that is described in paragraph (1), and may impose standards including, but not limited to,
design, development, and historic standards on said accessory dwelling units. These standards shall
not include requirements on minimum lot size.
(f) (1) Fees charged for the construction of accessory dwelling units shall be determined in
accordance with Chapter 5 (commencing with Section 66000) and Chapter 7 (commencing with
Section 66012).
(2) An accessory dwelling unit shall not be considered by a local agency, special district, or water
corporation to be a new residential use for purposes of calculating connection fees or capacity
charges for utilities, including water and sewer service, unless the accessory dwelling unit was
constructed with a new single-family dwelling.
(3) (A) A local agency, special district, or water corporation shall not impose any impact fee upon the
development of an accessory dwelling unit less than 750 square feet. Any impact fees charged for an
accessory dwelling unit of 750 square feet or more shall be charged proportionately in relation to the
square footage of the primary dwelling unit.
(B) For purposes of this paragraph, “impact fee” has the same meaning as the term “fee” is defined in
subdivision (b) of Section 66000, except that it also includes fees specified in Section 66477. “Impact
fee” does not include any connection fee or capacity charge charged by a local agency, special
district, or water corporation.
(4) For an accessory dwelling unit described in subparagraph (A) of paragraph (1) of subdivision (e),
a local agency, special district, or water corporation shall not require the applicant to install a new or
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separate utility connection directly between the accessory dwelling unit and the utility or impose a
related connection fee or capacity charge, unless the accessory dwelling unit was constructed with a
new single-family home dwelling.
(5) For an accessory dwelling unit that is not described in subparagraph (A) of paragraph (1) of
subdivision (e), a local agency, special district, or water corporation may require a new or separate
utility connection directly between the accessory dwelling unit and the utility. Consistent with Section
66013, the connection may be subject to a connection fee or capacity charge that shall be
proportionate to the burden of the proposed accessory dwelling unit, based upon either its square
feet or the number of its drainage fixture unit (DFU) values, as defined in the Uniform Plumbing Code
adopted and published by the International Association of Plumbing and Mechanical Officials, upon
the water or sewer system. This fee or charge shall not exceed the reasonable cost of providing this
service.
(g) This section does not limit the authority of local agencies to adopt less restrictive requirements for
the creation of an accessory dwelling unit.
(h) (1) A local agency shall submit a copy of the ordinance adopted pursuant to subdivision (a) to the
Department of Housing and Community Development within 60 days after adoption. After adoption of
an ordinance, the department may submit written findings to the local agency as to whether the
ordinance complies with this section.
(2) (A) If the department finds that the local agency’s ordinance does not comply with this section, the
department shall notify the local agency and shall provide the local agency with a reasonable time,
no longer than 30 days, to respond to the findings before taking any other action authorized by this
section.
(B) The local agency shall consider the findings made by the department pursuant to subparagraph
(A) and shall do one of the following:
(i) Amend the ordinance to comply with this section.
(ii) Adopt the ordinance without changes. The local agency shall include findings in its resolution
adopting the ordinance that explain the reasons the local agency believes that the ordinance
complies with this section despite the findings of the department.
(3) (A) If the local agency does not amend its ordinance in response to the department’s findings or
does not adopt a resolution with findings explaining the reason the ordinance complies with this
section and addressing the department’s findings, the department shall notify the local agency and
may notify the Attorney General that the local agency is in violation of state law.
(B) Before notifying the Attorney General that the local agency is in violation of state law, the
department may consider whether a local agency adopted an ordinance in compliance with this
section between January 1, 2017, and January 1, 2020.
(i) The department may review, adopt, amend, or repeal guidelines to implement uniform standards
or criteria that supplement or clarify the terms, references, and standards set forth in this section. The
guidelines adopted pursuant to this subdivision are not subject to Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2.
(j) As used in this section, the following terms mean:
(1) “Accessory dwelling unit” means an attached or a detached residential dwelling unit that provides
complete independent living facilities for one or more persons and is located on a lot with a proposed
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or existing primary residence. It shall include permanent provisions for living, sleeping, eating,
cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be
situated. An accessory dwelling unit also includes the following:
(A) An efficiency unit.
(B) A manufactured home, as defined in Section 18007 of the Health and Safety Code.
(2) “Accessory structure” means a structure that is accessory and incidental to a dwelling located on
the same lot.
(3) “Efficiency unit” has the same meaning as defined in Section 17958.1 of the Health and Safety
Code.
(4) “Living area” means the interior habitable area of a dwelling unit, including basements and attics,
but does not include a garage or any accessory structure.
(5) “Local agency” means a city, county, or city and county, whether general law or chartered.
(6) “Neighborhood” has the same meaning as set forth in Section 65589.5.
(A) An efficiency unit, as defined in Section 17958.1 of the Health and Safety Code.
(B) A manufactured home, as defined in Section 18007 of the Health and Safety Code.
(7) “Nonconforming zoning condition” means a physical improvement on a property that does not
conform with current zoning standards.
(8) “Passageway” means a pathway that is unobstructed clear to the sky and extends from a street to
one entrance of the accessory dwelling unit.
(9) “Proposed dwelling” means a dwelling that is the subject of a permit application and that meets
the requirements for permitting.
(10) “Public transit” means a location, including, but not limited to, a bus stop or train station, where
the public may access buses, trains, subways, and other forms of transportation that charge set
fares, run on fixed routes, and are available to the public.
(11) “Tandem parking” means that two or more automobiles are parked on a driveway or in any other
location on a lot, lined up behind one another.
(k) A local agency shall not issue a certificate of occupancy for an accessory dwelling unit before the
local agency issues a certificate of occupancy for the primary dwelling.
(l) Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or
application of the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the
Public Resources Code), except that the local government shall not be required to hold public
hearings for coastal development permit applications for accessory dwelling units.
(m) A local agency may count an accessory dwelling unit for purposes of identifying adequate sites
for housing, as specified in subdivision (a) of Section 65583.1, subject to authorization by the
department and compliance with this division.
(n) In enforcing building standards pursuant to Article 1 (commencing with Section 17960) of Chapter
5 of Part 1.5 of Division 13 of the Health and Safety Code for an accessory dwelling unit described in
paragraph (1) or (2) below, a local agency, upon request of an owner of an accessory dwelling unit
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for a delay in enforcement, shall delay enforcement of a building standard, subject to compliance with
Section 17980.12 of the Health and Safety Code:
(1) The accessory dwelling unit was built before January 1, 2020.
(2) The accessory dwelling unit was built on or after January 1, 2020, in a local jurisdiction that, at the
time the accessory dwelling unit was built, had a noncompliant accessory dwelling unit ordinance, but
the ordinance is compliant at the time the request is made.
(o) This section shall remain in effect only until January 1, 2025, and as of that date is repealed
become operative on January 1, 2025.
5.A.b
Packet Pg. 38 Attachment: State HCD Memo Summarizing ADU Law Changes (2770 : Accessory Dwelling Unit Ordinance)
Effective January 1, 2020, Section 65852.22 of the Government Code is amended to read (changes
noted in strikeout, underline/italics) (AB 68 (Ting)):
65852.22.
(a) Notwithstanding Section 65852.2, a local agency may, by ordinance, provide for the creation of
junior accessory dwelling units in single-family residential zones. The ordinance may require a permit
to be obtained for the creation of a junior accessory dwelling unit, and shall do all of the following:
(1) Limit the number of junior accessory dwelling units to one per residential lot zoned for single-
family residences with a single-family residence already built built, or proposed to be built, on the
lot.
(2) Require owner-occupancy in the single-family residence in which the junior accessory dwelling
unit will be permitted. The owner may reside in either the remaining portion of the structure or the
newly created junior accessory dwelling unit. Owner-occupancy shall not be required if the owner is
another governmental agency, land trust, or housing organization.
(3) Require the recordation of a deed restriction, which shall run with the land, shall be filed with the
permitting agency, and shall include both of the following:
(A) A prohibition on the sale of the junior accessory dwelling unit separate from the sale of the single-
family residence, including a statement that the deed restriction may be enforced against future
purchasers.
(B) A restriction on the size and attributes of the junior accessory dwelling unit that conforms with this
section.
(4) Require a permitted junior accessory dwelling unit to be constructed within the existing walls of
the structure, and require the inclusion of an existing bedroom. proposed or existing single-family
residence.
(5) Require a permitted junior accessory dwelling to include a separate entrance from the main
entrance to the structure, with an interior entry to the main living area. A permitted junior accessory
dwelling may include a second interior doorway for sound attenuation. proposed or existing single-
family residence.
(6) Require the permitted junior accessory dwelling unit to include an efficiency kitchen, which shall
include all of the following:
(A) A sink with a maximum waste line diameter of 1.5 inches.
(B) (A) A cooking facility with appliances that do not require electrical service greater than 120 volts,
or natural or propane gas. appliances.
(C) (B) A food preparation counter and storage cabinets that are of reasonable size in relation to the
size of the junior accessory dwelling unit.
(b) (1) An ordinance shall not require additional parking as a condition to grant a permit.
(2) This subdivision shall not be interpreted to prohibit the requirement of an inspection, including the
imposition of a fee for that inspection, to determine whether if the junior accessory dwelling unit is in
compliance complies with applicable building standards.
(c) An application for a permit pursuant to this section shall, notwithstanding Section 65901 or 65906
or any local ordinance regulating the issuance of variances or special use permits, be considered
ministerially, without discretionary review or a hearing. A permit shall be issued within 120 days of
submission of an application for a permit pursuant to this section. The permitting agency shall act on
the application to create a junior accessory dwelling unit within 60 days from the date the local
agency receives a completed application if there is an existing single-family dwelling on the lot. If the
permit application to create a junior accessory dwelling unit is submitted with a permit application to
create a new single-family dwelling on the lot, the permitting agency may delay acting on the permit
application for the junior accessory dwelling unit until the permitting agency acts on the permit
application to create the new single-family dwelling, but the application to create the junior accessory
dwelling unit shall still be considered ministerially without discretionary review or a hearing. If the
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Packet Pg. 39 Attachment: State HCD Memo Summarizing ADU Law Changes (2770 : Accessory Dwelling Unit Ordinance)
applicant requests a delay, the 60-day time period shall be tolled for the period of the delay. A local
agency may charge a fee to reimburse the local agency for costs incurred in connection with the
issuance of a permit pursuant to this section.
(d) For the purposes of any fire or life protection ordinance or regulation, a junior accessory dwelling
unit shall not be considered a separate or new dwelling unit. This section shall not be construed to
prohibit a city, county, city and county, or other local public entity from adopting an ordinance or
regulation relating to fire and life protection requirements within a single-family residence that
contains a junior accessory dwelling unit so long as the ordinance or regulation applies uniformly to
all single-family residences within the zone regardless of whether the single-family residence includes
a junior accessory dwelling unit or not.
(e) For the purposes of providing service for water, sewer, or power, including a connection fee, a
junior accessory dwelling unit shall not be considered a separate or new dwelling unit.
(f) This section shall not be construed to prohibit a local agency from adopting an ordinance or
regulation, related to parking or a service or a connection fee for water, sewer, or power, that applies
to a single-family residence that contains a junior accessory dwelling unit, so long as that ordinance
or regulation applies uniformly to all single-family residences regardless of whether the single-family
residence includes a junior accessory dwelling unit.
(g) If a local agency has not adopted a local ordinance pursuant to this section, the local agency shall
ministerially approve a permit to construct a junior accessory dwelling unit that satisfies the
requirements set forth in subparagraph (A) of paragraph (1) of subdivision (e) of Section 65852.2 and
the requirements of this section.
(g) (h) For purposes of this section, the following terms have the following meanings:
(1) “Junior accessory dwelling unit” means a unit that is no more than 500 square feet in size and
contained entirely within an existing a single-family structure. residence. A junior accessory dwelling
unit may include separate sanitation facilities, or may share sanitation facilities with the existing
structure.
(2) “Local agency” means a city, county, or city and county, whether general law or chartered.
5.A.b
Packet Pg. 40 Attachment: State HCD Memo Summarizing ADU Law Changes (2770 : Accessory Dwelling Unit Ordinance)
Effective January 1, 2020 Section 17980.12 is added to the Health and Safety Code, immediately
following Section 17980.11, to read (changes noted in underline/italics) (SB 13 (Wieckowski)):
17980.12.
(a) (1) An enforcement agency, until January 1, 2030, that issues to an owner of an accessory
dwelling unit described in subparagraph (A) or (B) below, a notice to correct a violation of any
provision of any building standard pursuant to this part shall include in that notice a statement that
the owner of the unit has a right to request a delay in enforcement pursuant to this subdivision:
(A) The accessory dwelling unit was built before January 1, 2020.
(B) The accessory dwelling unit was built on or after January 1, 2020, in a local jurisdiction that, at
the time the accessory dwelling unit was built, had a noncompliant accessory dwelling unit ordinance,
but the ordinance is compliant at the time the request is made.
(2) The owner of an accessory dwelling unit that receives a notice to correct violations or abate
nuisances as described in paragraph (1) may, in the form and manner prescribed by the enforcement
agency, submit an application to the enforcement agency requesting that enforcement of the violation
be delayed for five years on the basis that correcting the violation is not necessary to protect health
and safety.
(3) The enforcement agency shall grant an application described in paragraph (2) if the enforcement
determines that correcting the violation is not necessary to protect health and safety. In making this
determination, the enforcement agency shall consult with the entity responsible for enforcement of
building standards and other regulations of the State Fire Marshal pursuant to Section 13146.
(4) The enforcement agency shall not approve any applications pursuant to this section on or after
January 1, 2030. However, any delay that was approved by the enforcement agency before January
1, 2030, shall be valid for the full term of the delay that was approved at the time of the initial
approval of the application pursuant to paragraph (3).
(b) For purposes of this section, “accessory dwelling unit” has the same meaning as defined in
Section 65852.2.
(c) This section shall remain in effect only until January 1, 2035, and as of that date is repealed.
5.A.b
Packet Pg. 41 Attachment: State HCD Memo Summarizing ADU Law Changes (2770 : Accessory Dwelling Unit Ordinance)
ATTACHMENT B
GOV. CODE: TITLE 7, DIVISION 1, CHAPTER 4, ARTICLE 2
AB 587 Acc essory Dwelling Units
(Changes noted in underline/italics)
Effective January 1, 2020 Section 65852.26 is added to the Government Code, immediately following
Section 65852.25, to read (AB 587 (Friedman)):
65852.26.
(a) Notwithstanding clause (i) of subparagraph (D) of paragraph (1) of subdivision (a) of Section
65852.2, a local agency may, by ordinance, allow an accessory dwelling unit to be sold or conveyed
separately from the primary residence to a qualified buyer if all of the following apply:
(1) The property was built or developed by a qualified nonprofit corporation.
(2) There is an enforceable restriction on the use of the land pursuant to a recorded contract between
the qualified buyer and the qualified nonprofit corporation that satisfies all of the requirements
specified in paragraph (10) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code.
(3) The property is held pursuant to a recorded tenancy in common agreement that includes all of the
following:
(A) The agreement allocates to each qualified buyer an undivided, unequal interest in the property
based on the size of the dwelling each qualified buyer occupies.
(B) A repurchase option that requires the qualified buyer to first offer the qualified nonprofit
corporation to buy the property if the buyer desires to sell or convey the property.
(C) A requirement that the qualified buyer occupy the property as the buyer’s principal residence.
(D) Affordability restrictions on the sale and conveyance of the property that ensure the property will
be preserved for low-income housing for 45 years for owner-occupied housing units and will be sold
or resold to a qualified buyer.
(4) A grant deed naming the grantor, grantee, and describing the property interests being transferred
shall be recorded in the county in which the property is located. A Preliminary Change of Ownership
Report shall be filed concurrently with this grant deed pursuant to Section 480.3 of the Revenue and
Taxation Code.
(5) Notwithstanding subparagraph (A) of paragraph (2) of subdivision (f) of Section 65852.2, if
requested by a utility providing service to the primary residence, the accessory dwelling unit has a
separate water, sewer, or electrical connection to that utility.
(b) For purposes of this section, the following definitions apply:
(1) “Qualified buyer” means persons and families of low or moderate income, as that term is defined
in Section 50093 of the Health and Safety Code.
(2) “Qualified nonprofit corporation” means a nonprofit corporation organized pursuant to Section
501(c)(3) of the Internal Revenue Code that has received a welfare exemption under Section 214.15
of the Revenue and Taxation Code for properties intended to be sold to low-income families who
participate in a special no-interest loan program.
5.A.b
Packet Pg. 42 Attachment: State HCD Memo Summarizing ADU Law Changes (2770 : Accessory Dwelling Unit Ordinance)
ATTACHMENT C
CIVIL CODE: DIVISION 4, PART 5, CHAPTER 5, ARTICLE 1
AB 670 Ac cessory Dwelling Units
(Changes noted in underline/italics)
Effective January 1, 2020, Section 4751 is added to the Civil Code, to read (AB 670 (Friedman)):
4751.
(a) Any covenant, restriction, or condition contained in any deed, contract, security instrument, or
other instrument affecting the transfer or sale of any interest in a planned development, and any
provision of a governing document, that either effectively prohibits or unreasonably restricts the
construction or use of an accessory dwelling unit or junior accessory dwelling unit on a lot zoned for
single-family residential use that meets the requirements of Section 65852.2 or 65852.22 of the
Government Code, is void and unenforceable.
(b) This section does not apply to provisions that impose reasonable restrictions on accessory
dwelling units or junior accessory dwelling units. For purposes of this subdivision, “reasonable
restrictions” means restrictions that do not unreasonably increase the cost to construct, effectively
prohibit the construction of, or extinguish the ability to otherwise construct, an accessory dwelling unit
or junior accessory dwelling unit consistent with the provisions of Section 65852.2 or 65852.22 of the
Government Code.
5.A.b
Packet Pg. 43 Attachment: State HCD Memo Summarizing ADU Law Changes (2770 : Accessory Dwelling Unit Ordinance)
ATTACHMENT D
GOV. CODE: TITLE 7, DIVISION 1, CHAPTER 3, ARTICLE 10.6
AB 671 Acc essory Dwelling Units
(Changes noted in underline/italics)
Effective January 1, 2020, Section 65583(c)(7) of the Government Code is added to read (sections of
housing element law omitted for conciseness) (AB 671 (Friedman)):
65583(c)(7).
Develop a plan that incentivizes and promotes the creation of accessory dwelling units that can be
offered at affordable rent, as defined in Section 50053 of the Health and Safety Code, for very low,
low-, or moderate-income households. For purposes of this paragraph, “accessory dwelling units” has
the same meaning as “accessory dwelling unit” as defined in paragraph (4) of subdivision (i) of
Section 65852.2.
Effective January 1, 2020, Section 50504.5 is added to the Health and Safety Code, to read (AB 671
(Friedman)):
50504.5.
(a) The department shall develop by December 31, 2020, a list of existing state grants and financial
incentives for operating, administrative, and other expenses in connection with the planning,
construction, and operation of an accessory dwelling unit with affordable rent, as defined in Section
50053, for very low, low-, and moderate-income households.
(b) The list shall be posted on the department’s internet website by December 31, 2020.
(c) For purposes of this section, “accessory dwelling unit” has the same meaning as defined in
paragraph (4) of subdivision (i) of Section 65852.2 of the Government Code.
5.A.b
Packet Pg. 44 Attachment: State HCD Memo Summarizing ADU Law Changes (2770 : Accessory Dwelling Unit Ordinance)
DIVISION 1. PLANNING AND ZONING [65000 - 66301] ( Heading of Division 1 added by Stats.
1974, Ch. 1536. )
CHAPTER 4. Zoning Regulations [65800 - 65912] ( Chapter 4 repealed and added by Stats.
1965, Ch. 1880. )
65852.2.
TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974,
Ch. 1536. )
GOVERNMENT CODE - GOV
ARTICLE 2. Adoption of Regulations [65850 - 65863.13] ( Article 2 added by Stats. 1965, Ch. 1880. )
(a) (1) A local agency may, by ordinance, provide for the creation of accessory dwelling units in areas zoned to allow single-
family or multifamily dwelling residential use. The ordinance shall do all of the following:
(A) Designate areas within the jurisdiction of the local agency where accessory dwelling units may be permitted. The designation
of areas may be based on the adequacy of water and sewer services and the impact of accessory dwelling units on traffic flow and
public safety. A local agency that does not provide water or sewer services shall consult with the local water or sewer service provider
regarding the adequacy of water and sewer services before designating an area where accessory dwelling units may be permitted.
(B) (i) Impose standards on accessory dwelling units that include, but are not limited to, parking, height, setback, landscape, architectural
review, maximum size of a unit, and standards that prevent adverse impacts on any real property that is listed in the California Register of
Historic Resources. These standards shall not include requirements on minimum lot size.
(ii) Notwithstanding clause (i), a local agency may reduce or eliminate parking requirements for any accessory dwelling unit located within
its jurisdiction.
(C) Provide that accessory dwelling units do not exceed the allowable density for the lot upon which the accessory dwelling unit is located,
and that accessory dwelling units are a residential use that is consistent with the existing general plan and zoning designation for the lot.
(D) Require the accessory dwelling units to comply with all of the following:
(i) The accessory dwelling unit may be rented separate from the primary residence, but may not be sold or otherwise conveyed separate from
the primary residence.
(ii) The lot is zoned to allow single-family or multifamily dwelling residential use and includes a proposed or existing dwelling.
(iii) The accessory dwelling unit is either attached to, or located within, the proposed or existing primary dwelling, including attached
garages, storage areas or similar uses, or an accessory structure or detached from the proposed or existing primary dwelling and located on the
same lot as the proposed or existing primary dwelling.
(iv) If there is an existing primary dwelling, the total floor area of an attached accessory dwelling unit shall not exceed 50 percent of the
existing primary dwelling.
(v) The total floor area for a detached accessory dwelling unit shall not exceed 1,200 square feet.
(vi) No passageway shall be required in conjunction with the construction of an accessory dwelling unit.
(vii) No setback shall be required for an existing living area or accessory structure or a structure constructed in the same location and to the
same dimensions as an existing structure that is converted to an accessory dwelling unit or to a portion of an accessory dwelling unit, and a
setback of no more than four feet from the side and rear lot lines shall be required for an accessory dwelling unit that is not converted from an
existing structure or a new structure constructed in the same location and to the same dimensions as an existing structure.
5.A.c
Packet Pg. 45 Attachment: State ADU Laws 65852.2 & 65852.22 [Revision 1] (2770 : Accessory Dwelling Unit Ordinance)
(viii) Local building code requirements that apply to detached dwellings, as appropriate.
(ix) Approval by the local health officer where a private sewage disposal system is being used, if required.
(x) (I) Parking requirements for accessory dwelling units shall not exceed one parking space per accessory dwelling unit or per bedroom,
whichever is less. These spaces may be provided as tandem parking on a driveway.
(II) Offstreet parking shall be permitted in setback areas in locations determined by the local agency or through tandem parking, unless
specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or
fire and life safety conditions.
(III) This clause shall not apply to an accessory dwelling unit that is described in subdivision (d).
(xi) When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit or
converted to an accessory dwelling unit, the local agency shall not require that those offstreet parking spaces be replaced.
(xii) Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary residence.
(2) The ordinance shall not be considered in the application of any local ordinance, policy, or program to limit residential growth.
(3) A permit application for an accessory dwelling unit or a junior accessory dwelling unit shall be considered and approved ministerially
without discretionary review or a hearing, notwithstanding Section 65901 or 65906 or any local ordinance regulating the issuance of
variances or special use permits. The permitting agency shall act on the application to create an accessory dwelling unit or a junior accessory
dwelling unit within 60 days from the date the local agency receives a completed application if there is an existing single-family or
multifamily dwelling on the lot. If the permit application to create an accessory dwelling unit or a junior accessory dwelling unit is submitted
with a permit application to create a new single-family dwelling on the lot, the permitting agency may delay acting on the permit application
for the accessory dwelling unit or the junior accessory dwelling unit until the permitting agency acts on the permit application to create the
new single-family dwelling, but the application to create the accessory dwelling unit or junior accessory dwelling unit shall be considered
without discretionary review or hearing. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay. A
local agency may charge a fee to reimburse it for costs incurred to implement this paragraph, including the costs of adopting or amending any
ordinance that provides for the creation of an accessory dwelling unit.
(4) An existing ordinance governing the creation of an accessory dwelling unit by a local agency or an accessory dwelling ordinance adopted
by a local agency shall provide an approval process that includes only ministerial provisions for the approval of accessory dwelling units and
shall not include any discretionary processes, provisions, or requirements for those units, except as otherwise provided in this subdivision. If a
local agency has an existing accessory dwelling unit ordinance that fails to meet the requirements of this subdivision, that ordinance shall be
null and void and that agency shall thereafter apply the standards established in this subdivision for the approval of accessory dwelling units,
unless and until the agency adopts on ordinance that complies with this section.
(5) No other local ordinance, policy, or regulation shall be the basis for the delay or denial of a building permit or a use permit under this
subdivision.
(6) (A) This subdivision establishes the maximum standards that local agencies shall use to evaluate a proposed accessory dwelling unit on a
lot that includes a proposed or existing single-family dwelling. No additional standards, other than those provided in this subdivision, shall be
used or imposed except that, subject to subparagraph (B), a local agency may require an applicant for a permit issued pursuant to this
subdivision to be an owner-occupant or that the property be used for rentals of terms longer than 30 days.
(B) Notwithstanding subparagraph (A), a local agency shall not impose an owner-occupant requirement on an accessory dwelling unit
permitted between January 1, 2020, to January 1, 2025, during which time the local agency was prohibited from imposing an owner-occupant
requirement.
(7) A local agency may amend its zoning ordinance or general plan to incorporate the policies, procedures, or other provisions applicable to
the creation of an accessory dwelling unit if these provisions are consistent with the limitations of this subdivision.
(8) An accessory dwelling unit that conforms to this subdivision shall be deemed to be an accessory use or an accessory building and shall not
be considered to exceed the allowable density for the lot upon which it is located, and shall be deemed to be a residential use that is consistent
with the existing general plan and zoning designations for the lot. The accessory dwelling unit shall not be considered in the application of
5.A.c
Packet Pg. 46 Attachment: State ADU Laws 65852.2 & 65852.22 [Revision 1] (2770 : Accessory Dwelling Unit Ordinance)
any local ordinance, policy, or program to limit residential growth.
(b) When a local agency that has not adopted an ordinance governing accessory dwelling units in accordance with subdivision (a) receives an
application for a permit to create an accessory dwelling unit pursuant to this subdivision, the local agency shall approve or disapprove the
application ministerially without discretionary review pursuant to subdivision (a). The permitting agency shall act on the application to create
an accessory dwelling unit or a junior accessory dwelling unit within 60 days from the date the local agency receives a completed application
if there is an existing single-family or multifamily dwelling on the lot. If the permit application to create an accessory dwelling unit or a
junior accessory dwelling unit is submitted with a permit application to create a new single-family dwelling on the lot, the permitting agency
may delay acting on the permit application for the accessory dwelling unit or the junior accessory dwelling unit until the permitting agency
acts on the permit application to create the new single-family dwelling, but the application to create the accessory dwelling unit or junior
accessory dwelling unit shall still be considered ministerially without discretionary review or a hearing. If the applicant requests a delay, the
60-day time period shall be tolled for the period of the delay. If the local agency has not acted upon the completed application within 60 days,
the application shall be deemed approved.
(c) (1) Subject to paragraph (2), a local agency may establish minimum and maximum unit size requirements for both attached and detached
accessory dwelling units.
(2) Notwithstanding paragraph (1), a local agency shall not establish by ordinance any of the following:
(A) A minimum square footage requirement for either an attached or detached accessory dwelling unit that prohibits an efficiency unit.
(B) A maximum square footage requirement for either an attached or detached accessory dwelling unit that is less than either of the
following:
(i) 850 square feet.
(ii) 1,000 square feet for an accessory dwelling unit that provides more than one bedroom.
(C) Any other minimum or maximum size for an accessory dwelling unit, size based upon a percentage of the proposed or existing primary
dwelling, or limits on lot coverage, floor area ratio, open space, and minimum lot size, for either attached or detached dwellings that does not
permit at least an 800 square foot accessory dwelling unit that is at least 16 feet in height with four-foot side and rear yard setbacks to be
constructed in compliance with all other local development standards.
(d) Notwithstanding any other law, a local agency, whether or not it has adopted an ordinance governing accessory dwelling units in
accordance with subdivision (a), shall not impose parking standards for an accessory dwelling unit in any of the following instances:
(1) The accessory dwelling unit is located within one-half mile walking distance of public transit.
(2) The accessory dwelling unit is located within an architecturally and historically significant historic district.
(3) The accessory dwelling unit is part of the proposed or existing primary residence or an accessory structure.
(4) When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit.
(5) When there is a car share vehicle located within one block of the accessory dwelling unit.
(e) (1) Notwithstanding subdivisions (a) to (d), inclusive, a local agency shall ministerially approve an application for a building permit
within a residential or mixed-use zone to create any of the following:
(A) One accessory dwelling unit or junior accessory dwelling unit per lot with a proposed or existing single-family dwelling if all of the
following apply:
(i) The accessory dwelling unit or junior accessory dwelling unit is within the proposed space of a single-family dwelling or existing space of
a single-family dwelling or accessory structure and may include an expansion of not more than 150 square feet beyond the same physical
dimensions as the existing accessory structure. An expansion beyond the physical dimensions of the existing accessory structure shall be
limited to accommodating ingress and egress.
(ii) The space has exterior access from the proposed or existing single-family dwelling.
(iii) The side and rear setbacks are sufficient for fire and safety.
5.A.c
Packet Pg. 47 Attachment: State ADU Laws 65852.2 & 65852.22 [Revision 1] (2770 : Accessory Dwelling Unit Ordinance)
(iv) The junior accessory dwelling unit complies with the requirements of Section 65852.22.
(B) One detached, new construction, accessory dwelling unit that does not exceed four-foot side and rear yard setbacks for a lot with a
proposed or existing single-family dwelling. The accessory dwelling unit may be combined with a junior accessory dwelling unit described in
subparagraph (A). A local agency may impose the following conditions on the accessory dwelling unit:
(i) A total floor area limitation of not more than 800 square feet.
(ii) A height limitation of 16 feet.
(C) (i) Multiple accessory dwelling units within the portions of existing multifamily dwelling structures that are not used as livable space,
including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state
building standards for dwellings.
(ii) A local agency shall allow at least one accessory dwelling unit within an existing multifamily dwelling and may shall allow up to 25
percent of the existing multifamily dwelling units.
(D) Not more than two accessory dwelling units that are located on a lot that has an existing multifamily dwelling, but are detached from that
multifamily dwelling and are subject to a height limit of 16 feet and four-foot rear yard and side setbacks.
(2) A local agency shall not require, as a condition for ministerial approval of a permit application for the creation of an accessory dwelling
unit or a junior accessory dwelling unit, the correction of nonconforming zoning conditions.
(3) The installation of fire sprinklers shall not be required in an accessory dwelling unit if sprinklers are not required for the primary
residence.
(4) A local agency may require owner occupancy for either the primary dwelling or the accessory dwelling unit on a single-family lot, subject
to the requirements of paragraph (6) of subdivision (a).
(5) A local agency shall require that a rental of the accessory dwelling unit created pursuant to this subdivision be for a term longer than 30
days.
(6) A local agency may require, as part of the application for a permit to create an accessory dwelling unit connected to an onsite water
treatment system, a percolation test completed within the last five years, or, if the percolation test has been recertified, within the last 10
years.
(7) Notwithstanding subdivision (c) and paragraph (1) a local agency that has adopted an ordinance by July 1, 2018, providing for the
approval of accessory dwelling units in multifamily dwelling structures shall ministerially consider a permit application to construct an
accessory dwelling unit that is described in paragraph (1), and may impose standards including, but not limited to, design, development, and
historic standards on said accessory dwelling units. These standards shall not include requirements on minimum lot size.
(f) (1) Fees charged for the construction of accessory dwelling units shall be determined in accordance with Chapter 5 (commencing with
Section 66000) and Chapter 7 (commencing with Section 66012).
(2) An accessory dwelling unit shall not be considered by a local agency, special district, or water corporation to be a new residential use for
purposes of calculating connection fees or capacity charges for utilities, including water and sewer service, unless the accessory dwelling unit
was constructed with a new single-family dwelling.
(3) (A) A local agency, special district, or water corporation shall not impose any impact fee upon the development of an accessory dwelling
unit less than 750 square feet. Any impact fees charged for an accessory dwelling unit of 750 square feet or more shall be charged
proportionately in relation to the square footage of the primary dwelling unit.
(B) For purposes of this paragraph, “impact fee” has the same meaning as the term “fee” is defined in subdivision (b) of Section 66000,
except that it also includes fees specified in Section 66477. “Impact fee” does not include any connection fee or capacity charge charged by a
local agency, special district, or water corporation.
(4) For an accessory dwelling unit described in subparagraph (A) of paragraph (1) of subdivision (e), a local agency, special district, or water
corporation shall not require the applicant to install a new or separate utility connection directly between the accessory dwelling unit and the
utility or impose a related connection fee or capacity charge, unless the accessory dwelling unit was constructed with a new single-family
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dwelling.
(5) For an accessory dwelling unit that is not described in subparagraph (A) of paragraph (1) of subdivision (e), a local agency, special
district, or water corporation may require a new or separate utility connection directly between the accessory dwelling unit and the utility.
Consistent with Section 66013, the connection may be subject to a connection fee or capacity charge that shall be proportionate to the burden
of the proposed accessory dwelling unit, based upon either its square feet or the number of its drainage fixture unit (DFU) values, as defined
in the Uniform Plumbing Code adopted and published by the International Association of Plumbing and Mechanical Officials, upon the water
or sewer system. This fee or charge shall not exceed the reasonable cost of providing this service.
(g) This section does not limit the authority of local agencies to adopt less restrictive requirements for the creation of an accessory dwelling
unit.
(h) (1) A local agency shall submit a copy of the ordinance adopted pursuant to subdivision (a) to the Department of Housing and Community
Development within 60 days after adoption. After adoption of an ordinance, the department may submit written findings to the local agency
as to whether the ordinance complies with this section.
(2) (A) If the department finds that the local agency’s ordinance does not comply with this section, the department shall notify the local
agency and shall provide the local agency with a reasonable time, no longer than 30 days, to respond to the findings before taking any other
action authorized by this section.
(B) The local agency shall consider the findings made by the department pursuant to subparagraph (A) and shall do one of the following:
(i) Amend the ordinance to comply with this section.
(ii) Adopt the ordinance without changes. The local agency shall include findings in its resolution adopting the ordinance that explain the
reasons the local agency believes that the ordinance complies with this section despite the findings of the department.
(3) (A) If the local agency does not amend its ordinance in response to the department’s findings or does not adopt a resolution with findings
explaining the reason the ordinance complies with this section and addressing the department’s findings, the department shall notify the local
agency and may notify the Attorney General that the local agency is in violation of state law.
(B) Before notifying the Attorney General that the local agency is in violation of state law, the department may consider whether a local
agency adopted an ordinance in compliance with this section between January 1, 2017, and January 1, 2020.
(i) The department may review, adopt, amend, or repeal guidelines to implement uniform standards or criteria that supplement or clarify the
terms, references, and standards set forth in this section. The guidelines adopted pursuant to this subdivision are not subject to Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2.
(j) As used in this section, the following terms mean:
(1) “Accessory dwelling unit” means an attached or a detached residential dwelling unit that provides complete independent living facilities
for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living,
sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. An accessory
dwelling unit also includes the following:
(A) An efficiency unit.
(B) A manufactured home, as defined in Section 18007 of the Health and Safety Code.
(2) “Accessory structure” means a structure that is accessory and incidental to a dwelling located on the same lot.
(3) “Efficiency unit” has the same meaning as defined in Section 17958.1 of the Health and Safety Code.
(4) “Living area” means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any
accessory structure.
(5) “Local agency” means a city, county, or city and county, whether general law or chartered.
(6) “Neighborhood” has the same meaning as set forth in Section 65589.5.
(A) An efficiency unit, as defined in Section 17958.1 of the Health and Safety Code.
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(B) A manufactured home, as defined in Section 18007 of the Health and Safety Code.
(7) “Nonconforming zoning condition” means a physical improvement on a property that does not conform with current zoning standards.
(8) “Passageway” means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling
unit.
(9) “Proposed dwelling” means a dwelling that is the subject of a permit application and that meets the requirements for permitting.
(10) “Public transit” means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains,
subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.
(11) “Tandem parking” means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one
another.
(k) A local agency shall not issue a certificate of occupancy for an accessory dwelling unit before the local agency issues a certificate of
occupancy for the primary dwelling.
(l) Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act
of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code), except that the local government shall not be required
to hold public hearings for coastal development permit applications for accessory dwelling units.
(m) A local agency may count an accessory dwelling unit for purposes of identifying adequate sites for housing, as specified in subdivision
(a) of Section 65583.1, subject to authorization by the department and compliance with this division.
(n) In enforcing building standards pursuant to Article 1 (commencing with Section 17960) of Chapter 5 of Part 1.5 of Division 13 of the
Health and Safety Code for an accessory dwelling unit described in paragraph (1) or (2) below, a local agency, upon request of an owner of
an accessory dwelling unit for a delay in enforcement, shall delay enforcement of a building standard, subject to compliance with Section
17980.12 of the Health and Safety Code:
(1) The accessory dwelling unit was built before January 1, 2020.
(2) The accessory dwelling unit was built on or after January 1, 2020, in a local jurisdiction that, at the time the accessory dwelling unit was
built, had a noncompliant accessory dwelling unit ordinance, but the ordinance is compliant at the time the request is made.
(o) This section shall become operative on January 1, 2025.
(Repealed (in Sec. 1.5) and added by Stats. 2019, Ch. 659, Sec. 2.5. (AB 881) Effective January 1, 2020. Section operative January 1, 2025,
by its own provisions.)
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DIVISION 1. PLANNING AND ZONING [65000 - 66301] ( Heading of Division 1 added by Stats.
1974, Ch. 1536. )
CHAPTER 4. Zoning Regulations [65800 - 65912] ( Chapter 4 repealed and added by Stats.
1965, Ch. 1880. )
65852.22.
TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974,
Ch. 1536. )
GOVERNMENT CODE - GOV
ARTICLE 2. Adoption of Regulations [65850 - 65863.13] ( Article 2 added by Stats. 1965, Ch. 1880. )
(a) Notwithstanding Section 65852.2, a local agency may, by ordinance, provide for the creation of junior accessory dwelling
units in single-family residential zones. The ordinance may require a permit to be obtained for the creation of a junior accessory
dwelling unit, and shall do all of the following:
(1) Limit the number of junior accessory dwelling units to one per residential lot zoned for single-family residences with a
single-family residence built, or proposed to be built, on the lot.
(2) Require owner-occupancy in the single-family residence in which the junior accessory dwelling unit will be permitted. The owner may
reside in either the remaining portion of the structure or the newly created junior accessory dwelling unit. Owner-occupancy shall not be
required if the owner is another governmental agency, land trust, or housing organization.
(3) Require the recordation of a deed restriction, which shall run with the land, shall be filed with the permitting agency, and shall include
both of the following:
(A) A prohibition on the sale of the junior accessory dwelling unit separate from the sale of the single-family residence, including a statement
that the deed restriction may be enforced against future purchasers.
(B) A restriction on the size and attributes of the junior accessory dwelling unit that conforms with this section.
(4) Require a permitted junior accessory dwelling unit to be constructed within the walls of the proposed or existing single-family residence.
(5) Require a permitted junior accessory dwelling to include a separate entrance from the main entrance to the proposed or existing single-
family residence.
(6) Require the permitted junior accessory dwelling unit to include an efficiency kitchen, which shall include all of the following:
(A) A cooking facility with appliances.
(B) A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.
(b) (1) An ordinance shall not require additional parking as a condition to grant a permit.
(2) This subdivision shall not be interpreted to prohibit the requirement of an inspection, including the imposition of a fee for that inspection,
to determine if the junior accessory dwelling unit complies with applicable building standards.
(c) An application for a permit pursuant to this section shall, notwithstanding Section 65901 or 65906 or any local ordinance regulating the
issuance of variances or special use permits, be considered ministerially, without discretionary review or a hearing. The permitting agency
shall act on the application to create a junior accessory dwelling unit within 60 days from the date the local agency receives a completed
application if there is an existing single-family dwelling on the lot. If the permit application to create a junior accessory dwelling unit is
submitted with a permit application to create a new single-family dwelling on the lot, the permitting agency may delay acting on the permit
application for the junior accessory dwelling unit until the permitting agency acts on the permit application to create the new single-family
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Packet Pg. 51 Attachment: State ADU Laws 65852.2 & 65852.22 [Revision 1] (2770 : Accessory Dwelling Unit Ordinance)
dwelling, but the application to create the junior accessory dwelling unit shall still be considered ministerially without discretionary review or
a hearing. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay. A local agency may charge a fee
to reimburse the local agency for costs incurred in connection with the issuance of a permit pursuant to this section.
(d) For purposes of any fire or life protection ordinance or regulation, a junior accessory dwelling unit shall not be considered a separate or
new dwelling unit. This section shall not be construed to prohibit a city, county, city and county, or other local public entity from adopting an
ordinance or regulation relating to fire and life protection requirements within a single-family residence that contains a junior accessory
dwelling unit so long as the ordinance or regulation applies uniformly to all single-family residences within the zone regardless of whether
the single-family residence includes a junior accessory dwelling unit or not.
(e) For purposes of providing service for water, sewer, or power, including a connection fee, a junior accessory dwelling unit shall not be
considered a separate or new dwelling unit.
(f) This section shall not be construed to prohibit a local agency from adopting an ordinance or regulation, related to parking or a service or a
connection fee for water, sewer, or power, that applies to a single-family residence that contains a junior accessory dwelling unit, so long as
that ordinance or regulation applies uniformly to all single-family residences regardless of whether the single-family residence includes a
junior accessory dwelling unit.
(g) If a local agency has not adopted a local ordinance pursuant to this section, the local agency shall ministerially approve a permit to
construct a junior accessory dwelling unit that satisfies the requirements set forth in subparagraph (A) of paragraph (1) of subdivision (e) of
Section 65852.2 and the requirements of this section.
(h) For purposes of this section, the following terms have the following meanings:
(1) “Junior accessory dwelling unit” means a unit that is no more than 500 square feet in size and contained entirely within a single-family
residence. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing
structure.
(2) “Local agency” means a city, county, or city and county, whether general law or chartered.
(Amended by Stats. 2019, Ch. 655, Sec. 2. (AB 68) Effective January 1, 2020.)
5.A.c
Packet Pg. 52 Attachment: State ADU Laws 65852.2 & 65852.22 [Revision 1] (2770 : Accessory Dwelling Unit Ordinance)
Planning Current Project Log1City of Gilroy Planning DivisionDated: 2/11/2020A M MiscellaneousHD Historic Neighborhood Combining DistrictGL Greg Larson, 408‐846‐0451CMAS MD Minor DeviationHS Historic SiteMAD Melissa Durkin, 408‐846‐0451JWAHE RDO Residential Development OrdinanceHD/HS Both Historic Neighborhood Combining District and Historic SiteSK Stan Ketchum, 408‐846‐0451 JLCUP SPE Small Project ExemptionMCMiguel ContrerasDRDSPE GPA General Plan AmendmentPA Phil AngeloSODTSUP MM Minor ModificationKJKyle Jordan, (408) 846‐0276TWA HP DATEFILED DATE APPROVEDDATE FINALEDADDRESS (Or Cross Streets)STREET STATUSAPP TYPEFILE # (PROJECT #) PARCEL NUMBER(S) PROJECT DESCRIPTIONAPPLICANT/CONTACTCONTACT PHONEGENERAL PLANZONE PLANNER HISTORICDEV TYPE# Of BuildingsSIZE (SF)RES UNITS (#)BMR? (%)DOWNTOWN?PUD (App #) CEQA02/07/207533, 7530, 7539 MontereyA. Proposed AS AS 20-04 (20020013) 799-06-049Retro-fitting of historic URM building. Proposal for mixed-use building with (3) restaurants and (3) residential units.Jose Montes 408-710-2703 CM HS MIX 1 3 0 Y01/30/201505 Welburn AvenueA. Proposed AS AS 20-03 (20010033) 783-23-046Second floor addition to existing residential hillside homeJohn Krukar (Architect) 800-332-6035 CM RES 1 Existing01/21/20 395 Lewis Street A. Proposed ASAS 20-02 (20010012) TM 20-01 (20010014) 4-lot subdivision (TM) with 4 new homes (AS)Qui T Son (Applicant) Hung Quoc Nguyen (Owner)CM RES 4 4 X1/17/20 6585 Eagle Ridge Court A. Proposed AS AS 20-01 810-72-0260Constructe a new, 5 bed, 5.5 bath, 2 story, 4312 sq. ft. single family residence, with attached 3 car accessory garage.Gary Moore 707-543-6381Residential HillsideRH KJ RES 14312 + garage11/17/20 6801 Silacci A. Proposed M M 20-01 841-70-024DRG for the creation of two tilt-up concrete buildings at 6801 Silacci Way for use as a covert Forensic Documentation lab.Jeffrey Krausse (Architect)991-327-1311General IndustrialM-2 KJ IND 2 441401/10/20A. Proposed Z Z 20-01 (20010005)Zoning update to implement state changes to ADU laws adopted on 1/1/20.City of Gilroy 408-846-0440 KT POL12/31/19 7880 Monterey A. Proposed AS AS 19-27 (19120038)Demolition of Fosters and the construction of a new dentist office in the downtown expansion district.Deepak Patankar / Architect, (415) 312-0454DED PA CO 1 YX12/26/19201 Yamane Drive, 221 Yamane DriveA. Proposed M M 19-19 (19120034)DRG for a contractor's yard for a pavement/concrete installation and maintenance CompanyJohn Moniz / Ruggeri-Jensen-Azar, (408) 848-0300MC IND12/12/19 95 Farrell Avenue A. Proposed TM TM 19-01 (See Also Z 19-03)Subdividing single 43,592 SF lot into 4 single family lots. 3 will be 6,694 SF parcels and one will be a 15,710 flag parcel.M Huang KT RES12/12/19 95 Farrell Avenue A. Proposed Z Z 19-03 Zone change to remove PUD for a 4 lot subdivision. M Huang KT RES12/11/19 1870 Carob Court A. Proposed AS AS 19-26 (19120012)New 4,862 sq. ft. hillside residence with 1,349 sq. ft. lower level garage.Debra Mercado MC11/27/19 10 West 7th Street A. Proposed AS AS 19-24 (19110035) Remodel of an existing commercial building Steve Hernandez KT11/27/19 7797 Monterey A. Proposed AS AS 19-23 (19110032)Architectural remodel for a beer garden and brew house in a historic home.Larissa Dickerson MC11/27/19 7797 Monterey A. Proposed CUP CUP 19-01 (19110033)Conditional Use Permit for a beer garden and brew house in a historic home.Larissa Dickerson MC10/21/19 CitywideA. Proposed Z Z 19-02 TUP Ordinance AmendmentCity of GilroyKT10/16/19 8772 Foxglove Ct. A. Proposed AS AS 19-22 Single-family hillside home Debra Mercado MC10/15/19 810-66-012 A. Proposed AS M 19-16 DRG for new 48 unit townhome developmentMichael Sullivan, 408-802-3110JW10/15/197648 Monterey RoadA. Proposed AS AS 19-21 Re-roofing and rollup door replacement at boxing gym Ruben Gurrero MC10/04/19 165 Martin Street A. Proposed AS AS 19-20 Historic Restoration of Single Family HomeAlfred Y. Gaetos, 408-262-8400x143MC HS09/24/19Glen Loma Ranch Specific PlanA. Proposed M M 19-10 Traffic study Glen Loma Group MADIS/MND09/03/19Town Center BMR Apartments in Glen LomaA. Proposed M M 19-14 Affordable housing policy exception Pacific West/Caleb Road MADX08/05/199005 Mimosa CourtA. Proposed AS AS 19-15Construct a new single story 3,145 square foot single-family house with a 709 square foot garage in an RH District.Darryl Smith408-799-0558DR07/03/19A. Proposed M M 19-09Historic Resources Evaluations - Various Downton LocationsCity JW06/28/19 303 E Tenth St A. Proposed ASAS 19-14 (19060034)VMD 19-017,000 sf O'Reilly Auto Parts Store with reduced street sideyard setback along Chestnut Street.Scott Kraus-Oreilly, M Conrotto-OwnerKT06/07/19 8200 Kern A. Proposed MM/VMDMM 19-13 (19050039)VMD 19-02New fence and gate for apartment complex security (resubmitted 10/16/19)Avery Cypress Point LC KTX05/15/19First Street and Kern Avenue (Formerly AS17-24)A. Proposed AS/HPAS 19-12 (19050022)HP 17-02 (#17070020)4-story, 120-unit apartment on approximately148,456 in-fill multi-family property adjacent to C-3Jonathan Emami KT04/19/198350 Winter Green CourtA. Proposed AS AS 19-11 (19040026) Single Family Hillside Home Loret Mussallem MCX03/20/19 7888 Monterey St. A. Proposed AS AS 19-07 (1903038)Mixed use 3-story bld. 2 commercial "live/work" units + 16 residential units, ground level parking Efrain Coria, Applicant MC11/19/18 9211 Mahogany Ct A. Proposed AS AS 18-33 (#18110027) Single Family Hillside HomeAndrew, CA2Homes- Architect(408)786-4233MCX10/04/186970 Camino ArroyoA. Proposed M M 17-24 (#17100010)Traffic Sensitivity Analysis for proposed commercial development at the SE corner of Camino Arroyo and SR 152Mark Sanchez, Applicant(408)842-7000MAD/KTMiguel.Contreras@cityofgilroy.orgPhil.angelo@cityofgilroy.orgkyle.jordan@cityofgilroy.orgPLANNING STAFF LEGENDwissler@emcplanning.comCindy.McCormick@cityofgilroy.orgjulie.wyrick@cityofgilroy.orgGreg.Larson@cityofgilroy.orgMelissa.Durkin@cityofgilroy.orgStan.Ketchum@cityofgilroy.orgDescription: This log contains all the current planning division projects that city staff are working on. This includes new development proposals and staff projects such as general plan changes. Please reach out to the Planning Technician Phil Angelo at Phil.Angelo@cityofgilroy.org or call the Planning Division main line at (408) 846‐0440 if you have any questions regarding our current projects or the information presented in this log. Downtown Special Use Permit Habitat Plan PermitApplication Type Legend: Historic Legend: Annexation Architectural & Site Affordable Housing Exemption Conditional Use Permit Downtown Specific Plan ExemptionCindy McCormick, (408) 846‐0253 Teri Wissler Adam, EMC Planning Group 831‐649‐1799 #203Julie Wyrick, 408.846.0209G:\COMDEV\PLANNING\!Board and Commission\!Planning Commission\3. PC Informational Items\Planning Current Project Log\2020\PLANNING CURRENT PROJECT LOG 2020_02_10PLANNING CURRENT PROJECT LOG 2020_02_107.APacket Pg. 53Communication: Current Planning Projects (INFORMATIONAL ITEMS)
Planning Current Project Log209/11/18A. Proposed M M 18-25 (#18090009)Land Management System (LMS) AcquisitionCity SOX08/21/18UPRR Right of WayA. Proposed M M 18-22(#18080054) High Speed Rail Gilroy Alignment study - Ongoing City KTX08/02/18A. Proposed M M 18-18 (#18080001)Special Events Permit/Temporary Use PermitCityMADX07/03/18Tenth and ChestnutA. Proposed M M 18-14 (#18070006)Proposed commercial development in C3, CM split zoned 6+ acre site - Preapplication review and Traffic Study underwayTenth and Chestnut, EvergreenKTX06/27/18A. Proposed M M 18-13 (#18060036)Historical Resource InventoryCityJWX05/04/18 Automall Pkwy. A. Proposed AS/ZAS 18-09 (#18050017)Z 18-04 (18050018)80' Freeway electronic message pylon sign Gilroy Auto MallArroyo Sign, c/o: Richard Luchini 510-715-5488CM/JW05/01/18 5987 Obata Way A. Proposed CUP CUP 18-01 (#18050004)Conditional use permit to legalize expansion of an existing recycling facility. Godon D. Warner, ApplicantKTX01/24/18A. Proposed M M 18-02 (#18010039)Parklet policyCitySOX09/04/16North of Santa Teresa BlvdA. Proposed Z Z 17-02 (#17030053) Glen Loma Ranch Specific Plan updateTim Filice, Developer 408-847-4224MAD09/02/16A. Proposed M M 16-10 (#16090007)CEQA analysis of 10th Street bridge projectCityMADX08/25/16W. Luchessa Ave and Miller Ave.A. Proposed AS AS 16-33 (#16080044) New Glen Loma Ranch Fire Station City of Gilroy MADX12/14/15A. Proposed Z Z 15-16 (#15120033)Zone Text Amendment - Administrative Hearing ProcessCity SOX12/02/15 Downtown A. Proposed GPA/ZGPA 15-02 (#15120002), Z 15-12 (#15120004)High Speed Rail Station Area Plan - Reactivation of projectCity KTX07/13/13A. Proposed GPAGPA 13-02 (#13100001)2040 General Plan UpdateCitySKX7/17/12Vickery & Kern AvenuesA. Proposed USAUSA 14-02 (#14070058), USA 12-01 (#12070023)Urban Service Area amendment to incorporate of 55.66+/- acres into Gilroy’s Urban Service Area (USA)Wren Investors, Developer 408-779-3900MADIS/MND01/01/07A. Proposed USAUSA 98-03, A 06-01, Z 07-04 Sports Complex Phase 3SO12/12/19 02/10/20 1475 Welburn Avenue B. Approved MM MM 19-38 New retaining wall in residential hillside home.Peter Tong - System PaversPA RESX11/27/19 12/27/19 9426 Wetsand Court B. Approved AS AS 19-25 (19110036) Legalize partially constructed gazeboCarlos & Esmeralda MartinezPA RESX09/04/19 09/16/19 7300 Monterey St B. Approved AS AS 19-16 (19090002)TI to convert gas station to 40 seat coffee shop (indoor and outdoor seating area)Andrew Raymundo MCX06/24/19 5747 Obata B. Approved M M 19-08 (#19060027)Extension of approval AS17-23 (expires 7/20/20) - New warhouse for steel construction companyPeter LarsonKTX04/02/19 2281 Banyan Court B. Approved AS AS 19-09 (19040007) Single Family Hillside Home Warren Geisert MCX11/21/18 9025 Mimosa Ct B. Approved AS AS 18-34 (#18110037) Single Family Hillside HomeTony Rivellini(408)607-3248MCX09/11/18B. Approved M M 18-24 (#18090008)Review of Planning Agenda and BylawsCity SOX09/06/18 10/29/18Southeast corner of Santa Teresa Blvd and 1st StB. Approved AS AS 18-20 (#18090005) Architectural modification for 202 townhome units William J. McClintock, Engineer; 408-779-7381JWX07/16/18B. Approved M M 18-17 (#18070050)Cities Association RHNA Sub-Region CitySKX06/18/18 04/04/161490 Santa Teresa Blvd and First StB. Approved AS AS 13-35 & TM 13-11202 Unit Townhouse Development - Time Extension No 2 (CC Reso 2018-21)Eagle Garden LLC JWX06/11/18 08/05/19North of Santa Teresa, east of Syrah Dr, and west of Miller Ave. B. Approved TM TM 18-02 (#18060015)TM for three neighborhoods in GLR: Nebbiolo – 103 SF lots; Malvasia – 46 compact SF lots; and The Glen – 23 SF lots RJA: Chris Patton408-848-0300MAD01/25/18SW of Santa Teresa Blvd, S of the Ballybunion Dr/Santa Teresa Blvd B. Approved TM TM 13-03 (#13040049)TM 13-03 Time Extension for Kroeger Subdivision: Six SFR lots, three open space parcels, and a private street RJA: Chris Patton 408-848-0300MADX01/09/186503 Cameron Blvd &1001 Ventura WayB. Approved AS AS 18-01 (#18010011)Two single-story warehouse buildings totaling 173,740 SF in McCarthy Ranch Industrial PUDMcCarthy Gilroy LLC, Developer 408-356-2300KTX10/25/17 2282 Gunnera B. ApprovedASAS 17-34 Single-Family Hillside Home - Expires 9/3/20D&Z Designs MC01/26/17 2475 Hecker Pass B. Approved AS AS 17-02 (#17010029) Commercial and residential mixed use in HPSDHecker Pass Commercial, LLC, Developer, 408-836-9290MADIS/MND12/21/16Glen Loma Ranch Specific PlanB. Approved TM TM 16-01 59 SFR Lots (McCutchin and Palomino) Glen Loma Group MAD08/31/16 01/07/19 8955 Monterey Rd B. Approved AS/ZAS 16-19 (#16080053)Z 17-03 (#16080006)78-unit apartment complex with new 4,600 commercial space Jan R. Hochhauser, Architect 805-962-2746, Ext. 102JWMND05/18/16 11/05/18 Thomas Ln B. Approved TM TM 16-02 (#16050031) TM for subdividing 14 single-family residential lots. R.J. Dyer Real Property Investment, Inc., 408-847-1553KT09/24/19 1500 Southwest C. Plan Check AS AS 19-18New Maintenace Facility Upgrades - no expansion of useSCRWA KT09/20/19 770 First St. C. Plan CheckMM MM 19-25 Modify trash enclosure for AS18-19 approval C Filice KT04/05/196455 Automall PkwyC. Plan Check AS AS 19-10 (#19040011)New 3,250 sq. ft. freestanding metal canopy. Building Permit #19080090Joe Magana KTX03/13/19 1975 Saffron Court C. Plan Check AS AS 19-06 (19030026) Single Family Hillside HomeD&Z Design, Architect (Debra Mercado)MCX03/05/198341 Winter Green CtC. Plan Check AS AS 19-05 (190030013) Single Family Hillside Home Clayton Johnson MCX03/04/19 7851 Eigleberry St. C. Plan Check AS AS 19-04 (19030004)New second dwelling. Bldg Permit #19040112 applied 4/19/19Adolfo Rodriguez KTX03/01/196807 Automall ParkwayC. Plan Check AS/HPAS 19-03 (#19030002)HP 19-01 (19030003)New car dealership building. Bldg Permit 19100090 Issued for Site WorkTerra Ventures LLCJWSK10/19/18 2291 Banyan St. C. Plan Check AS AS 18-29 (#18100050)Single Family Hillside Home. Permit 19030021 submitted.D&Z Design, Architect (Debra Mercado), 408-778-7005JWX10/09/18 7050 Monterey Rd C. Plan Check AS/CUPAS 18-26 (18100023)CUP 18-05 (#18100024)Building and site improvements for Sumano's commercial bakeryBrain Spector, Applicant 831-319-4045 ext. 2MC09/20/18 8762 Foxglove Ct. C. Plan Check AS AS 18-22 (#18090026) Single-Family Hillside HomeEfrain Coria, Owner 408-804-0342MCX09/14/18 8775 Wild Iris Dr. C. Plan Check AS AS 18-21 (#18090018)Single-Family Hillside Home (Building Permit #19010165)Tony Rivellini, Applicant 408-607-3248KTXG:\COMDEV\PLANNING\!Board and Commission\!Planning Commission\3. PC Informational Items\Planning Current Project Log\2020\PLANNING CURRENT PROJECT LOG 2020_02_10PLANNING CURRENT PROJECT LOG 2020_02_107.APacket Pg. 54Communication: Current Planning Projects (INFORMATIONAL ITEMS)
Planning Current Project Log308/20/18Mayock Rd (APN: 841-76-031)C. Plan Check AS AS 18-18 (#18080051) New 16,340 s.f industrial warehouse buildingLon Davis, Architect 408-778-2525MCX01/16/18Hecker Pass (APN:783-04-023) C. Plan Check ASAS 18-03 (#18010024), Z 18-01, TM 18-0173 SFR lots, 7 common spaces, and public and private streets by establishing a new PUD overlayHecker Pass North, LLC, Developer 408-836-9290MADX12/15/17 Santa Teresa Blvd C. Plan Check AS AS 17-37 (#17120021) 158-unit apartment project at Glen Loma Ranch Caleb Roope, Applicant 530-906-6967MAD10/25/178565 Strawberry LnC. Plan Check AS AS 17-35 (#17100050) Single-Family Hillside Home (Bldg Permit #19060072)Cameron Waston, Developer 408-690-3037KTX09/01/17 7151 Monterey Rd C. Plan Check AS AS 17-28 (#17090001)URM retrofit and two story addition for a 2-unit apartmentJack Huang, Developer 408-423-9138JWX09/04/16North of Santa Teresa BlvdC. Plan Check ASAS 17-12 (#17030051)TM 17-01 (#17030052)Tentative Maps for GLR Town Center Multi-Family Area 125-unit townhomes at GLR Town Center Multi-Family AreaTim Filice, Developer 408-847-4224MAD08/09/16 8745 Wild Iris C. Plan CheckASAS 16-29 NSFR Hillside D&Z Designs06/28/16 6705 Silacci Way C. Plan Check AS AS 16-25 (#16060050)91,045 SF for contractor truck parking and equipment yard. Build Permit 19020025 applied 2/5/19Vince Rivero, Architect 408-813-2010KTX03/24/16 544 Stoney Court C. Plan Check MM MM 19-27, AS 16-09Repairs and accessibility upgrades. B Permit 19100015,16,17,18,19Maple Gardens MC10/12/15 360-380 Obata C. Plan Check AS AS 15-34 (#15100018)Two industrial lots -- construction storage yards. Bgrade 18030094 applied 3/19/18Carl Salinas/Hanna & Brunetti/Lon Davis, 408-842-2173KTX09/15/14 7231 Eagle Ridge C. Plan Check AS AS 14-38 NSFR Hillside (Bldg Permit 17050137) N Tuyen MC09/30/19 1853 Thyme Ct D. Under Construction AS AS 19-19Detached garage and residential addition (ADU under separate permit)Daniel Silvernail Architect, Inc.831-462-9138KT8/1/198/26/19681 Leavesly D. Under Construction MM MM 19-22 (19080035) 835-30-012Storefont improvements for H&M in Gilroy premium outlets. Portions of existing center to be painted white to match H&M prototype.Jim Fulmer 408-842-3732 GS C-3 PA CO 28845 Y06/27/19 1905 Saffron Court D. Under Construction AS AS 19-13 (19060033)New swimming pool/ retaining walls in Residential Hillside. P19050179Steve Caspari, Jr KT12/19/18 660 Birdsong St. D. Under Construction AS AS 18-35 (18120021) Addition of 963 sq.ft to existing SFRRichard/ Holly Hartman 408-995-0496MCX11/07/18 8950 Mimosa Ct. D. Under Construction AS AS 18-32 (#18110014) Single Family Hillside HomeJason Guera, Symmetry Design Build, 408-813-8760MCX10/22/18 7170 Lahinch Dr. D. Under Construction AS AS 18-30 (#18100051)New Swimming Pool/ Spa in Residential Hillside. P18080024Jose Ontiveros, Contractor/ Designer, 408-202-2131KTX10/16/18 8885 Forest St D. Under Construction AS AS 18-27 (#18100043)New 11,796 Sq.Ft Industrial Building (Building Permit #19100106)James Vergara, Applicant 408-640-4291KTX10/08/18Miller Ave. and Santa Teresa Blvd. D. Under Construction ASAS 18-25 (#18100020) and TM 16-03 (#16080041)Blanc and Noir (formerly the Grove) neighborhood in Glen Loma Ranch: 113 single-famiy dwelling units TriPointe Homes, Scott Kramer, 925-804-2278MADX08/27/18 770 First St. D. Under Construction AS AS 18-19 (#18080070) New 4,016 s.f. commercial building with drive-throughJeffrey Eaton, Applicant 408-691-8998KTX08/16/18Syrah Ct (APN: 808-43-005)D. Under Construction AS AS 18-16 (#18080044)Burgundy (Formerly Home Ranch) Neighborhood in Glen Loma Ranch: 52 single-family detached homesSergio Perez, Project manager 925-730-1373MADX08/16/18S of Solorsano Middle School; E of Santa Teresa (APN: 808-18-017)D. Under Construction AS AS 18-17 (#18080045)Margaux (Formerly Montonico) Neighborhood in Glen Loma Ranch: 84 single-family detached homesSergio Perez, Project manager 925-730-1373MADX08/09/18Merlot Dr (APN: 808-18-014 & 018)D. Under Construction AS AS 18-14 (#18080026)Provence (Formerly Wild Chestnut) Neighborhood in Glen Loma Ranch: 43 single-family detached homesSergio Perez, Project manager 925-730-1373MADX07/30/18 8455 Wren Ave D. Under Construction CUP CUP 18-02 (#18070065)Conditional use permit for a pre-school at an existing churchGrant Bennett, Applicant 408-847-6000MCX07/09/18 2243 Banyan Ct D. Under Construction AS AS 18-13 (#18070015) 4,428 SF Single-Family Hillside HomeD & Z Design, Architect 408-778-7005KTX05/04/18 1981 Lavender Way D. Under Construction AS AS 18-10 (#18050024) 3,715 SF Single-Family Hillside HomeTony Rivellini, OwnerPhone: 408-607-3248PAX02/16/189175 Tea Tree WayD. Under Construction AS AS 18-06 (#18020025) Single Family Hillside Home. P18060120D & Z Design, Architect 408-778-7005KTX02/01/18E of Miller Ave. btwn Stanta Terasa Blvd and W of Luchessa AveD. Under Construction AS AS 18-05 (#18020002)A private park: a trail, a dog park, and other amentities in GLRRJA: Chris Patton 408-848-0300MADX01/17/18 8955 Mimosa Ct. D. Under Construction AS AS 18-04 4418 sf SFR Hillside.D & Z Design, Architect 408-778-700510/25/17 7373 Monterey Rd D. Under Construction DUP DUP 17-03 (#17100049) Lonely Oak Brewery. P18040068 Greg Jaso, Developer KTX04/26/17 8735 Wild Iris Dr. D. Under Construction AS AS 17-19 (#17040037)Single-Family Hillside Home. P18030015 Issued 10/11/18Alexander Angkawijaya, Architect 408-431-2952KTX04/19/17 250 Gurries D. Under Construction AS AS 17-18 2846 sf duplex on R3 lotPW04/03/17 2140 Hollyhock Ln D. Under Construction AS AS 17-16 (#17040001)Single-Family Hillside Home. Building Permit 18040102D & Z Design, ArchitectPhone: 408-778-7005KTX03/30/17 Eagle Ridge D. Under Construction AS AS 17-15 (#17030085)16-lot single-family hillside residentialdevelopment in Eagle Ridge D & Z Design, ArchitectPhone: 408-778-7005JWX03/21/17 1820 Carob Ct. D. Under Construction AS AS 17-13 (#17030062)Single-Family Hillside Home. P18040085 & 19030092 for ADUJames Baldwin, Architect 408-448-2012KTX03/09/17 2185 Hollyhock D. Under Construction AS AS 17-11 4878 sf DFR Hillside D & Z PA03/07/179010 Tea Tree WayD. Under Construction AS AS 17-09 4ksf Hillside SFRPA03/06/176500 & 6700 Cameron Blvd. D. Under Construction ASAS 17-08 (#17030017),HP 18-09 (#18060019)40,125 sf addition to an existing self-storage facility. Bldg Permits 18050122, 23, 24Gilroy Storage LLC, DeveloperPhone: 530-886-8558KTX02/07/17 2242 Columbine D. Under Construction AS AS 17-05 5,027sf New Hillside ResidenceJLG:\COMDEV\PLANNING\!Board and Commission\!Planning Commission\3. PC Informational Items\Planning Current Project Log\2020\PLANNING CURRENT PROJECT LOG 2020_02_10PLANNING CURRENT PROJECT LOG 2020_02_107.APacket Pg. 55Communication: Current Planning Projects (INFORMATIONAL ITEMS)
Planning Current Project Log402/06/17 205 Mayock Rd D. Under Construction AS AS 17-04 10,000 sf addition to industrial buildingKT10/25/16 8755 Wild Iris Dr. D. Under Construction AS AS 16-47 (#16100026) Single Family Hillside Home. P18030127Walid Nazzal, ArchitectPhone: 408-772-6096KTX10/21/165480 Monterey RoadD. Under Construction AS AS 16-46 (#16100023)Construction of a grocery and dry goods distribution center that includes a 347,651 square-foot warehouse Performance Food Group, LLCPhone: 415-200-9460SOEIR09/12/16850 Pacheco Pass Highway D. Under Construction AS AS 16-40 (#16090017)New 4,975 SF fueling canopy and undergroundtanks replacement. P18040091Trac N. Vu, Developer 408-506-0739KTX09/11/161405 First Street and Kelton AvenueD. Under Construction ASAS 17-25 (#17070046)Z18-05 (18080018)12KSF commercial PUD. P18120128,29,30 etcChris Vanni, Applicant 408-847-9190KT09/02/161980 Lavender WayD. Under Construction AS AS 16-39 NSFR Hillside G Moore JL08/12/167430 Sunnydale WayD. Under Construction AS AS 16-30 NSFR Hillside G Moore JL07/01/16 2261 Mantelli Drive D. Under Construction AS AS 16-26 SFR, Hillside w ADU Truong JL06/28/16 2201 Columbine Ct D. Under Construction AS AS 16-24 SFR Hillside J Suner05/25/166901 Cameron BlvdD. Under Construction AS AS 16-20 (#16050055)7,018 SF Chevron carwash, retail and canopy, etc P18020109 issued 8/30/18Jim Rubnitz, DeveloperPhone: 408-813-6416KTX03/24/16 450 E Eighth St D. Under Construction MM MM 19-26, AS 16-08 Repairs and accessibility upgrades Eden Housing KT01/01/168981 Tea Tree WayD. Under Construction AS AS 16-49 NSFR Hillside R Sharma JL11/06/15 2241 Columbine Ct D. Under Construction AS AS 15-38 SFR, Hillside John Kennedy JL10/26/157320, 7330, 7340 MontereyD. Under Construction AS AS 15-37 (#15100042)Renovation of a downtown URM building. Approved 5/26/17George Ramstad, Architect 408-842-9942SOX6/5/15 8450 Wren Ave. D. Under Construction AS AS 15-24 (#15060011) 70 single-family residenceBridgit Koller, Calatlantic HomesPhone: 925-315-0366MADIS/MND12/11/145975 Travel Park CircleD. Under Construction AS AS 14-46 (#14120015)Hampton Inn 4-story 100 room hotel. P16090068, 19100037, 19060045,46Kevin Nijjar, DeveloperPhone: 559-264-5650KTIS/MND10/28/14Monterey Rd. and Ervin Ct.D. Under Construction AS AS 14-41 (#14100051) Gateway Senior Apartment, 75 unitsDouglas L. Gibson, ApplicantPhone: 208-908-4871JWMND10/6/14Intersection of Anson Ct. and Evergreen Ct. D. Under Construction AS AS 14-39 (#14100010)6 single-family homes and an 8,600 SF common open space area D & Z Design, ArchitectPhone: 408-778-7005MADMND09/05/18E. CompleteM M 18-23 (#18090007)Housing Policy C.C. Study SessionCity SKX08/10/18 305 Obata Ct F. On Hold ASAS 18-15 (#18060028)CUP 18-03 (#18080029)Site improvements and legalize concrete recycling facility expansion (Noah Concrete)Hanna & Brunetti, Applicant, Phone: 408-842-2173KT08/31/16 2256 Coral Bell Ct F. On Hold CUP/ASCUP 16-04 (#16080006)AS 16-38 (16080053)New AT&T wireless antenna facilityPaul Strom, ApplicantPhone: 734-812-8741SK11/26/12Vickery & Kern AvenuesF. On Hold A/ZA 12-01 (#12110049)Z 12-09 (#12110052)Annexation of 5.46 acres and prezone to Neighborhood DistrictMark Hewell, DeveloperPhone: 408-483-2400MADMNDG:\COMDEV\PLANNING\!Board and Commission\!Planning Commission\3. PC Informational Items\Planning Current Project Log\2020\PLANNING CURRENT PROJECT LOG 2020_02_10PLANNING CURRENT PROJECT LOG 2020_02_107.APacket Pg. 56Communication: Current Planning Projects (INFORMATIONAL ITEMS)