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Civil Code§4751
<br /> Civil Code §4751.
<br /> (a)Any covenant, restriction, or condition contained in any deed, contract, security instrument,
<br /> or other instrument affecting the transfer or sale of any interest in a planned development, and
<br /> any provision of a governing document,that either effectively prohibits or unreasonably restricts
<br /> the construction or use of an accessory dwelling unit or junior accessory dwelling unit on a lot
<br /> zoned for single-family residential use that meets the requirements of Section 65852.2 or
<br /> 65852.22 of the Government Code, is void and unenforceable.
<br /> (b) This section does not apply to provisions that impose reasonable restrictions on accessory
<br /> dwelling units or junior accessory dwelling units. For purposes of this subdivision, "reasonable
<br /> restrictions"means restrictions that do not unreasonably increase the cost to construct,
<br /> effectively prohibit the construction of, or extinguish the ability to otherwise construct, an
<br /> accessory dwelling unit or junior accessory dwelling unit consistent with the provisions of
<br /> Section 65852.2 or 65852.22 of the Government Code.
<br /> (Added by Stats. 2019, Ch. 178, Sec. 2. (AB 670) Effective January 1, 2020.)
<br /> P20-0412,Accessory Dwelling Units Planning Commission,July 8,2020
<br /> Exhibit B, State Law, Page 32
<br />ility restrictions on the sale and conveyance of the property that ensure the property
<br /> will be preserved for low-income housing for 45 years for owner-occupied housing units and will
<br /> be sold or resold to a qualified buyer.
<br /> (4)A grant deed naming the grantor, grantee, and describing the property interests being
<br /> transferred shall be recorded in the county in which the property is located. A Preliminary
<br /> Change of Ownership Report shall be filed concurrently with this grant deed pursuant to Section
<br /> 480.3 of the Revenue and Taxation Code.
<br /> (5)Notwithstanding subparagraph(A) of paragraph(2) of subdivision(f) of Section 65852.2, if
<br /> requested by a utility providing service to the primary residence,the accessory dwelling unit has
<br /> a separate water, sewer, or electrical connection to that utility.
<br /> (b) For purposes of this section,the following definitions apply:
<br /> (1)"Qualified buyer"means persons and families of low or moderate income, as that term is
<br /> defined in Section 50093 of the Health and Safety Code.
<br /> (2) "Qualified nonprofit corporation"means a nonprofit corporation organized pursuant to
<br /> Section 501(c)(3)of the Internal Revenue Code that has received a welfare exemption under
<br /> Section 214.15 of the Revenue and Taxation Code for properties intended to be sold to low-
<br /> income families who participate in a special no-interest loan program.
<br /> (Added by Stats. 2019, Ch. 657, Sec. 1. (AB 587) Effective January 1, 2020.)
<br /> P20-0412,Accessory Dwelling Units Planning Commission,July 8, 2020
<br /> Exhibit B, State Law, Page 31
<br />tive January 1, 2020.)
<br /> P20-0412,Accessory Dwelling Units Planning Commission, July 8, 2020
<br /> Exhibit B, State Law, Page 30
<br />h a
<br /> P20-0412, Accessory Dwelling Units Planning Commission,July 8, 2020
<br /> Exhibit B, State Law; Page 29
<br />vides sufficient legal commitments to the
<br /> appropriate local agency to ensure the continued availability and use of at least 49 percent of the
<br /> housing units for very low, low-, and moderate-income households with an affordable housing
<br /> P20-0412,Accessory Dwelling Units Planning Commission,July 8, 2020
<br /> Exhibit B, State Law, Page 26
<br />20
<br /> of the project.
<br /> P20-0412,Accessory Dwelling Units Planning Commission, July 8, 2020
<br /> Exhibit A, PMC Amendments, Page 5
<br />2020.
<br /> P20-0412, Accessory Dwelling Units Planning Commission
<br /> 6 of 9
<br />ing windows to allow for those windows to be the same size, shape, and height.
<br /> Planning Commission Minutes Page 3 of 9 June 24, 2020
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