§ 65852.27. — 65852.27. (Amended by Stats. 2024, Ch. 7, Sec. 17.)

California § 65852.27.

• Jurisdiction: California
• Code GOV: Government Code - GOV
• Div.: 1.
• Title 7.: DIVISION 1. PLANNING AND ZONING
• Ch. 4.: CHAPTER 4. Zoning Regulations
• Art. 2.: ARTICLE 2. Adoption of Regulations

Text

(a)
Each local agency shall, by January 1, 2025, develop a program for the preapproval of accessory dwelling unit plans. The program shall comply with all of the following:
(1)
The local agency shall accept accessory dwelling unit plan submissions for preapproval.
(2)
The local agency shall not restrict who may submit accessory dwelling unit plan submissions for preapproval.
(3)
(A)
The local agency shall approve or deny the application for preapproval pursuant to the standards established in Article 2 (commencing with Section 66314) of Chapter 13.
(B)
The local agency may charge the applicant the same permitting fees that the local agency would charge an applicant seeking approval pursuant to Article 2 (commencing with Section 66314) of Chapter 13 for the same-sized accessory dwelling unit in reviewing and approving a preapproval accessory dwelling unit plan submission.
(4)
(A)
(i)
Accessory dwelling unit plans that are preapproved pursuant to this subdivision shall be posted on the local agency’s internet website.
(ii)
The posting of a preapproved accessory dwelling unit plan pursuant to clause (i) shall not be considered an endorsement of the applicant or approval of the applicant’s application for a detached accessory dwelling unit by the local agency.
(B)
(i)
The local agency
shall also post the contact information of the applicant of a preapproved accessory dwelling unit plan, as provided by the applicant.
(ii)
The local agency shall not be responsible for the accuracy of the contact information posted pursuant to clause (i).
(C)
A local agency shall remove a preapproved accessory dwelling unit plan from their internet website within 30 days of receiving a request for removal from the applicant.
(5)
A local agency may also admit the following accessory dwelling unit plans into the program:
(A)
Plans that have been developed and preapproved by the local agency.
(B)
Plans that have been preapproved by other agencies within the state.
(b)
A local agency shall approve or deny an application for a detached accessory dwelling unit ministerially without discretionary review pursuant to Sections 66317 and 66320 except that the local agency shall either approve or deny the application within 30 days from the date the local agency receives a completed application, if the application utilizes either of the following:
(1)
A plan for an accessory dwelling unit that has been preapproved by the local agency pursuant to subdivision (a) within the current triennial California Building Standards Code rulemaking cycle.
(2)
A plan that is identical to a plan used in an application for a detached accessory dwelling unit approved by the local agency within the current triennial California Building Standards Code rulemaking cycle.
(c)
For purposes of this section, “accessory dwelling unit” and “local agency” have the same meaning as those terms are defined in Section 66313.
(d)
The Legislature finds and declares that the lack of housing is a matter of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this section applies to all cities, including charter cities.

Legislative History

Amended by Stats. 2024, Ch. 7, Sec. 17. (SB 477) Effective March 25, 2024.