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<br />19 <br /> <br />Attachment 1: Statutory Changes (Strikeout/Underline) <br /> Government Code Section 65852.2 <br /> (a) (1) Any A local agency may, by ordinance, provide for the creation of second accessory dwelling units in <br />single-family and multifamily residential zones. The ordinance may shall do any all of the following: <br />(A) Designate areas within the jurisdiction of the local agency where second accessory dwelling units may be <br />permitted. The designation of areas may be based on criteria, that may include, but are not limited to, the <br />adequacy of water and sewer services and the impact of second accessory dwelling units on traffic flow. flow and <br />public safety. <br />(B) (i) Impose standards on second accessory dwelling units that include, but are not limited to, parking, height, <br />setback, lot coverage, landscape, architectural review, maximum size of a unit, and standards that prevent adverse <br />impacts on any real property that is listed in the California Register of Historic Places. <br />(ii) Notwithstanding clause (i), a local agency may reduce or eliminate parking requirements for any accessory <br />dwelling unit located within its jurisdiction. <br />(C) Provide that second accessory dwelling units do not exceed the allowable density for the lot upon which <br />the second accessory dwelling unit is located, and that second accessory dwelling units are a residential use that <br />is consistent with the existing general plan and zoning designation for the lot. <br />(D) Require the accessory dwelling units to comply with all of the following: <br />(i) The unit is not intended for sale separate from the primary residence and may be rented. <br />(ii) The lot is zoned for single-family or multifamily use and contains an existing, single-family dwelling. <br />(iii) The accessory dwelling unit is either attached to the existing dwelling or located within the living area of the <br />existing dwelling or detached from the existing dwelling and located on the same lot as the existing dwelling. <br />(iv) The increased floor area of an attached accessory dwelling unit shall not exceed 50 percent of the existing <br />living area, with a maximum increase in floor area of 1,200 square feet. <br />(v) The total area of floorspace for a detached accessory dwelling unit shall not exceed 1,200 square feet. <br />(vi) No passagewa y shall be required in conjunction with the construction of an accessory dwelling unit. <br />(vii) No setback shall be required for an existing garage that is converted to a accessory dwelling unit, and a <br />setback of no more than five feet from the side and rear lot lines shall be required for an accessory dwelling unit <br />that is constructed above a garage. <br />(viii) Local building code requirements that apply to detached dwellings, as appropriate. <br />(ix) Approval by the local health officer where a private sewage disposal system is being used, if required. <br />(x) (I) Parking requirements for accessory dwelling units shall not exceed one parking space per unit or per <br />bedroom. These spaces may be provided as tandem parking on an existing driveway. <br />(II) Offstreet parking shall be permitted in setback areas in locations determined by the local agency or through <br />tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible <br />based upon specific site or regional topographical or fire and life safety conditions, or that it is not permitted <br />anywhere else in the jurisdiction. <br />(III) This clause shall not apply to a unit that is described in subdivision (d). <br />8.B. - Page 69