AgdaPkt 2004-04-12 - Laserfiche WebLink

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AB 2702 Assembly Bill - AMENDED Page 6 of9 (0.2 13-10 IA) Designate areas within the jurisdiction of the local agency where second 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 second units on traffic flow. IB) Impose reasonable standards on second units that include, but are not limited to, parking, height, setback, lot coverage, archi tect'lral review, maximllI.. size of a uni t, and standards that prevent ac.;rerse impacts on any real property that is listed in the California Register of Historic Places. IC) Provide that second units do not exceed the allowable density for the lot upon which the second unit is located, and that second units are a residential use that is consistent with the existing general plan and zoning designa tion for the lot. 12) The ordinance shall not be considered in the application of any local ordinance, policy, or program to limit residential growth. 13) When a local agency receives its first application on or after July 1, 2003, for a permit pursuant to this subdivision, the application shall be approved or disapproved 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. Nothing in this paragraph may be construed to require a local government to adopt or amend an ordinance for the creation of second units. A local agency may charge a fee to reimburse it for costs that it incurs pursuant to this paragraph, including the costs of adopting or amending any ordinance that provides for the creation of second units. Ib) II) When a local agency that has not adopted an ordinance governing second units in accordance with subdivision la) or Ic) receives its first application for a permit pursuant to this subdivision, the local agency shall accept the application and approve or disapprove the application ministerially without discretionary review pursuant to this subdivision, unless it adopts an ordinance in accordance with subdivision la) or Ic) wi thin 120 days after receiving the application. Notwithstanding Section 65901 or 65906, a local agency may not require a variance or discretionary permit for the creation of a second unit and shall approve an application for a second unit that complies with all of the following: IA) The unit is not intended for sale and may be rented. IB) The lot is zoned for single-family or multifamily use. IC) The lot contains an existing single-family dwelling. ID) The second unit is either attached to the existing dwelling or detached from the existing dwelling and located on the same lot as the existing dwelling. IE) Requirements relating to height, setback, lot coverage, architectural review, site plan review, fees, charges, and other zoning requirements generally applicable to the primary dwelling in which the property is located. (F) Local building code requirements which apply to detached dwellings, as appropriate. (G) Approval by the local health officer where a private sewage disposal system is being used, if required. 12) No other local ordinance, policy, or regulation shall be the basis for the denial of a building permit or a use permit under this subdi vision. (3) This subdivision establishes the maximum standards that local agencies shall use to evaluate proposed second units on lots zoned for residential use that contain an existing single-family dwelling. http://info.sen.ca.gov/publbill/asmlab_2701-2750/ab 2702 bin 20040326 amended asm.h.. 4/5/2004