|
SHORT TERM RENTAL - NEW LAW
BILL TEXT
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1.
Section 4740 of the Civil Code is amended to read:
4740.
(a) An owner of a separate interest in a common interest development shall
not be subject to a provision in a governing document or an amendment
to a governing document that prohibits the rental or leasing of any of
the separate interests in that common interest development to a renter,
lessee, or tenant unless that governing document, or amendment thereto,
was effective prior to the date the owner acquired title to their separate interest.
(b) For purposes of this section, the right to rent or lease the separate
interest of an owner shall not be deemed to have terminated if the transfer
by the owner of all or part of the separate interest meets at least one
of the following conditions:
(1) Pursuant to Section 62 or 480.3 of the Revenue and Taxation Code, the
transfer is exempt, for purposes of reassessment by the county tax assessor.
(2) Pursuant to subdivision (b) of, solely with respect to probate transfers,
or subdivision (e), (f), or (g) of, Section 1102.2, the transfer is exempt
from the requirements to prepare and deliver a Real Estate Transfer Disclosure
Statement, as set forth in Section 1102.6.
(c) Prior to renting or leasing their separate interest as provided by
this section, an owner shall provide the association verification of the
date the owner acquired title to the separate interest and the name and
contact information of the prospective tenant or lessee or the prospective
tenant’s or lessee’s representative.
(d) Nothing in this section shall be deemed to revise, alter, or otherwise
affect the voting process by which a common interest development adopts
or amends its governing documents.
SEC. 2.
Section 4741 is added to the Civil Code, to read:
4741.
(a) An owner of a separate interest in a common interest development shall
not be subject to a provision in a governing document or an amendment
to a governing document that prohibits, has the effect of prohibiting,
or unreasonably restricts the rental or leasing of any of the separate
interests, accessory dwelling units, or junior accessory dwelling units
in that common interest development to a renter, lessee, or tenant.
(b) A common interest development shall not adopt or enforce a provision
in a governing document or amendment to a governing document that restricts
the rental or lease of separate interests within a common interest to
less than 25 percent of the separate interests. Nothing in this subdivision
prohibits a common interest development from adopting or enforcing a provision
authorizing a higher percentage of separate interests to be rented or leased.
(c) This section does not prohibit a common interest development from adopting
and enforcing a provision in a governing document that prohibits transient
or short-term rental of a separate property interest for a period of 30
days or less.
(d) For purposes of this section, an accessory dwelling unit or junior
accessory dwelling unit shall not be construed as a separate interest.
(e) For purposes of this section, a separate interest shall not be counted
as occupied by a renter if the separate interest, or the accessory dwelling
unit or junior accessory dwelling unit of the separate interest, is occupied
by the owner.
(f) A common interest development shall comply with the prohibition on
rental restrictions specified in this section on and after January 1,
2021, regardless of whether the common interest development has revised
their governing documents to comply with this section. However, a common
interest development shall amend their governing documents to conform
to the requirements of this section no later than December 31, 2021.
(g) A common interest development that willfully violates this section
shall be liable to the applicant or other party for actual damages, and
shall pay a civil penalty to the applicant or other party in an amount
not to exceed one thousand dollars ($1,000).
(h) In accordance with Section 4740, this section does not change the right
of an owner of a separate interest who acquired title to their separate
interest before the effective date of this section to rent or lease their property.
SEC. 3.
Section 65852.2 of the Government Code, as amended by Section 1.5 of Chapter
659 of the Statutes of 2019, 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 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.
(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) Off-street 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 off-street 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. If the
local agency has not acted upon the completed application within 60 days,
the application shall be deemed approved. 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 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 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.
(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:
(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 and one 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.
(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 wastewater
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) 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 home.
(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.
|
|