What is California Government Code Section 65852.2?

Question from brit, What is California Government Code Section 65852.2?

Answer from AI:

California Government Code Section 65852.2 is a state law that governs the creation and regulation of Accessory Dwelling Units (ADUs) within local jurisdictions. This law aims to increase housing availability by simplifying the process for homeowners to build ADUs on their property. Below is a general explanation of how a zoning code for the City of Anderson, CA, can comply with this state law.

Key Provisions of Government Code Section 65852.2

Government Code Section 65852.2 includes several important provisions that local jurisdictions must follow:

• Permitting Process: Local agencies must provide a streamlined approval process for ADUs, typically within 60 days of receiving a complete application.
• Size and Setbacks: The law sets minimum and maximum size requirements for ADUs and specifies setback requirements from property lines.
• Parking Requirements: Local jurisdictions can require one parking space per ADU, but there are exceptions, such as when the ADU is located near public transit.
• Owner Occupancy: As of January 1, 2020, local jurisdictions cannot require owner occupancy for either the primary residence or the ADU until January 1, 2025.
• Impact Fees: ADUs under 750 square feet are exempt from impact fees, and fees for larger ADUs must be proportional to the size of the primary dwelling.

Steps to Create a Compliant Zoning Code

To ensure that the City of Anderson’s zoning code complies with Section 65852.2, the following steps should be taken:

1. Review Existing Zoning Ordinances: Examine current zoning laws to identify any provisions that conflict with state law.
2. Draft New Provisions: Create new zoning code sections that align with the requirements of Section 65852.2. This may include specifying allowable ADU sizes, setback requirements, and parking regulations.
3. Public Input: Hold public hearings to gather input from residents and stakeholders. This helps ensure that the new regulations meet community needs while complying with state law.
4. Adopt New Zoning Code: The city council should formally adopt the new zoning code provisions through a resolution or ordinance.
5. Implement and Monitor: Ensure that city staff are trained on the new regulations and monitor the implementation to address any issues that arise.

Resources and Further Reading

For more detailed information, you can refer to the following resources:

• California Government Code Section 65852.2
• California Department of Housing and Community Development ADU Technical Assistance Memo

When to Consult a Legal Professional

While this guide provides a general overview, creating a compliant zoning code can be complex. It is advisable to consult with a legal professional who specializes in land use and zoning law to ensure full compliance with state regulations. Legal advice is particularly important for addressing specific local conditions and potential legal challenges.

By following these steps and utilizing available resources, the City of Anderson can create a zoning code that complies with California Government Code Section 65852.2, thereby facilitating the development of ADUs and contributing to increased housing availability.