Land use: accessory dwelling units.

The Planning and Zoning Law authorizes a local agency to provide by ordinance for the creation of accessory dwelling units in single-family and multifamily residential zones, as specified. That law requires the ordinance to require the accessory dwelling unit to comply with certain conditions, including, but not limited to, that the accessory dwelling unit is not intended for sale separate from the primary residence and may be rented. This bill would revise that condition to provide that the accessory dwelling unit may be rented separately from the primary residence. Existing law provides that no setback be required for an existing garage that is converted to an accessory dwelling unit, as specified. This bill also would provide that no setback be required for an existing garage that is converted to a portion of an accessory dwelling unit. Existing law requires that parking requirements for accessory dwelling units not exceed one parking space per unit or per bedroom and allows required parking spaces to be provided as tandem parking on an existing driveway. Existing law also requires specified offstreet parking to be permitted for an accessory dwelling unit unless, among other things, that specified offstreet parking is not allowed anywhere else in the jurisdiction. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit, and the local agency requires that those off­street parking spaces be replaced, existing law allows, with specified exceptions, the replacement spaces to be located in any configuration, including as tandem parking, on the same lot as the accessory dwelling unit. This bill instead would require that parking requirements for accessory dwelling units not exceed one parking space per unit or per bedroom, whichever is less. The bill would define tandem parking for these purposes and would also allow replacement parking spaces to be located in any configuration if a local agency requires replacement of offstreet parking spaces when a garage, carport, or covered parking structure is converted to an accessory dwelling unit. This bill would remove the prohibition on specified offstreet parking where that parking is not allowed anywhere else in the jurisdiction. Existing law requires ministerial, nondiscretionary approval of an application for a building permit to create within a single-family residential zone 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 and specified other conditions are met. This bill would provide that for these purposes, an accessory structure includes a studio, pool house, or other similar structure. The bill would also authorize a city to require owner occupancy for either the primary or the accessory unit created through this process. This bill would incorporate additional changes to Section 65852.2 of the Government Code proposed by SB 229 to be operative only if this bill and SB 229 are enacted and this bill is enacted last. By increasing the duties of local officials with respect to land use regulations, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.