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California Government Code Section 65852.1

Legal Research Home > California Laws > Government Code > California Government Code Section 65852.1

65852.1.  (a) Notwithstanding Section 65906, any city, including a
charter city, county, or city and county may issue a zoning variance,
special use permit, or conditional use permit for a dwelling unit to
be constructed, or which is attached to or detached from, a primary
residence on a parcel zoned for a single-family residence, if the
dwelling unit is intended for the sole occupancy of one adult or two
adult persons who are 62 years of age or over, and the area of
floorspace of the attached dwelling unit does not exceed 30 percent
of the existing living area or the area of the floorspace of the
detached dwelling unit does not exceed 1,200 square feet.
   This section shall not be construed to limit the requirements of
Section 65852.2, or the power of local governments to permit second
units.
   (b) This section shall become inoperative on January 1, 2007, and
shall have no effect thereafter, except that any zoning variance,
special use permit, or conditional use permit issued for a dwelling
unit before January 1, 2007, pursuant to this section shall remain
valid, and a dwelling unit constructed pursuant to such a zoning
variance, special use permit, or conditional use permit shall be
considered in compliance with all relevant laws, ordinances, rules,
and regulations after January 1, 2007.

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Last modified: March 17, 2014