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Ch. 735 —2— <br />This <br />2— <br />This bill would provide that no reimbursement is required by this act for <br />a specified reason. <br />The people of the State of California do enact as follows: <br />SECTION 1. Section 65852.2 of the Government Code is amended to <br />read: <br />65852.2. (a) (1) A local agency may, by ordinance, provide for the <br />creation of accessory dwelling units in single-family and multifamily <br />residential zones. The ordinance shall do all of the following: <br />(A) Designate areas within the jurisdiction of the local agency where <br />accessory dwelling units may be permitted. The designation of areas may <br />be based on criteria, that may include, but are not limited to, the adequacy <br />of water and sewer services and the impact of accessory dwelling units on <br />traffic flow and public safety. <br />(B) Impose standards on accessory dwelling units that include, but are <br />not limited to, parking, height, setback, lot coverage, landscape, architectural <br />review, maximum size of a unit, and standards that prevent adverse impacts <br />on any real property that is listed in the California Register of Historic <br />Places. <br />(C) Notwithstanding subparagraph (B), a local agency may reduce or <br />eliminate parking requirements for any accessory dwelling unit located <br />within its jurisdiction. <br />(D) Provide that accessory dwelling units do not exceed the allowable <br />density for the lot upon which the accessory dwelling unit is located, and <br />that accessory dwelling units are a residential use that is consistent with the <br />existing general plan and zoning designation for the lot. <br />(E) Require the accessory dwelling units to comply with all of the <br />following: <br />(i) The unit is not intended for sale separate from the primary residence <br />and may be rented. <br />(ii) The lot is zoned for single-family or multifamily use. <br />(iii) The accessory dwelling unit is either attached to the existing dwelling <br />or located within the living area of the existing dwelling or detached from <br />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 <br />not exceed 50 percent of the existing living area. <br />(v) The total area of floorspace for a detached accessory dwelling unit <br />shall not exceed 1,200 square feet. <br />(vi) No passageway shall be required in conjunction with the construction <br />of an accessory dwelling unit. <br />(vii) No setback shall be required for an existing garage that is converted <br />to a accessory dwelling unit, and a setback of no more than five feet from <br />the side and rear lot lines shall be required for an accessory dwelling unit <br />that is constructed above a garage. <br />94 <br />