Amended in Senate August 19, 2016

Amended in Assembly April 5, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 2299


Introduced by Assembly Member Bloom

February 18, 2016


An act to amend Section 65852.2 of the Government Code, relating to land use.

LEGISLATIVE COUNSEL’S DIGEST

AB 2299, as amended, Bloom. Land use: housing: 2nd units.

The Planning and Zoning Law authorizes the legislative body of a city or county to regulate, among other things, the intensity of land use, and also authorizes a local agency to provide by ordinance for the creation of 2nd units in single-family and multifamily residential zones, as specified.begin insert Existing law authorizes the ordinance to designate areas within the jurisdiction of the local agency where 2nd units may be permitted, to impose specified standards on 2nd units, and to provide that 2nd units do not exceed allowable density and are a residential use, as specified.end insert

This billbegin insert would replace the term “second unit” with “accessory dwelling unit.”end insertbegin insert Theend insertbegin insert billend insert would, instead, requirebegin delete a local agency to provide by ordinance for the creation of 2nd units in these zones.end deletebegin insert the ordinance to include the elements described above and would also require the ordinance to require accessory dwelling units to comply with specified conditions. This bill would require ministerial, nondiscretionary approval of an accessory dwelling unit under an existing ordinance.end insert The bill would also specify that a local agency may reduce or eliminate parking requirements for anybegin delete 2ndend deletebegin insert accessory dwellingend insert unit located within its jurisdiction.

begin delete

Existing law also requires a local agency, if it has not adopted an ordinance governing 2nd units and receives an application for a permit for the creation of a 2nd unit, as provided, to grant a variance or special use permit if the 2nd unit complies with specified requirements, including specified zoning requirements generally applicable to residential construction in the zone in which the property is located.

end delete
begin delete

This bill would prohibit a requirement for a passageway or pathway clear to the sky between the 2nd unit and a public street and, for a 2nd unit constructed above a garage located on an alley, for a setback of more than 5 feet from the side and rear lot. The bill would also provide that a 2nd unit constructed above a garage or a garage converted in whole or in part into a 2nd unit is deemed to be an accessory building or accessory use that may be permitted within a required yard or setback area, provided that the 2nd unit is set back a minimum of 5 feet from the side and rear lot areas.

end delete

Existing law requires that parking requirements for 2nd units not exceed one parking space per unit or per bedroom. Under existing law, additional parking may be required provided that a finding is made that the additional parking requirements are directly related to the use of the 2nd unit and are consistent with existing neighborhood standards applicable to residential dwellings.

This bill would delete the above-described authorization for additional parking requirements. begin deleteThe bill would also provide that, when a garage, carport, or covered parking structure is demolished in conjunction with the construction of a 2nd unit and the local agency requires that those off-street parking spaces be replaced, the replacement spaces may be located in any configuration on the same lot as the 2nd unit, as provided.end delete

By increasing the duties of local officials with respect to land use regulations, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

P3    1

SECTION 1.  

Section 65852.2 of the Government Code is
2amended to read:

3

65852.2.  

(a) (1) A local agencybegin delete shall,end deletebegin insert may,end insert by ordinance,
4provide for the creation ofbegin delete secondend deletebegin insert accessory dwellingend insert units in
5single-family and multifamily residential zones. The ordinance
6shall do all of the following:

7(A) Designate areas within the jurisdiction of the local agency
8wherebegin delete secondend deletebegin insert accessory dwellingend insert units may be permitted. The
9designation of areas may be based on criteria, that may include,
10but are not limited to, the adequacy of water and sewer services
11and the impact ofbegin delete secondend deletebegin insert accessory dwellingend insert units on trafficbegin delete flow.end delete
12
begin insert flow and public safety.end insert

13(B) Impose standards onbegin delete secondend deletebegin insert accessory dwellingend insert units that
14include, but are not limited to, parking, height, setback, lot
15coverage, landscape, architectural review, maximum size of a unit,
16and standards that prevent adverse impacts on any real property
17that is listed in the California Register of Historic Places.begin delete However,
18notwithstanding subdivision (d), a local agency shall not impose
19parking standards for a second unit that is located within one-half
20mile of public transit or shopping or is within an architecturally
21and historically significant historic district.end delete

22(C) Notwithstanding subparagraph (B), a local agency may
23reduce or eliminate parking requirements for anybegin delete secondend deletebegin insert accessory
24dwellingend insert
unit located within its jurisdiction.

25(D) Provide thatbegin delete secondend deletebegin insert accessory dwellingend insert units do not exceed
26the allowable density for the lot upon which thebegin delete secondend deletebegin insert accessory
27dwellingend insert
unit is located, and thatbegin delete secondend deletebegin insert accessory dwellingend insert units
28are a residential use that is consistent with the existing general
29plan and zoning designation for the lot.

begin insert

30
(E) Require the accessory dwelling units to comply with all of
31the following:

end insert
begin insert

32
(i) The unit is not intended for sale separate from the primary
33residence and may be rented.

end insert
begin insert

34
(ii) The lot is zoned for single-family or multifamily use.

end insert
begin insert

35
(iii) The accessory dwelling unit is either attached to the existing
36dwelling or located within the living area of the existing dwelling
37or detached from the existing dwelling and located on the same
38lot as the existing dwelling.

end insert
begin insert

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(iv) The increased floor area of an attached accessory dwelling
2unit shall not exceed 50 percent of the existing living area.

end insert
begin insert

3
(v) The total area of floorspace for a detached accessory
4dwelling unit shall not exceed 1,200 square feet.

end insert
begin insert

5
(vi) No passageway shall be required in conjunction with the
6construction of an accessory dwelling unit.

end insert
begin insert

7
(vii) No setback shall be required for an existing garage that is
8converted to a accessory dwelling unit, and a setback of no more
9than five feet from the side and rear lot lines shall be required for
10an accessory dwelling unit that is constructed above a garage.

end insert
begin insert

11
(viii) Local building code requirements that apply to detached
12dwellings, as appropriate.

end insert
begin insert

13
(ix) Approval by the local health officer where a private sewage
14disposal system is being used, if required.

end insert
begin insert

15
(x) (I) Parking requirements for accessory dwelling units shall
16not exceed one parking space per unit or per bedroom. These
17spaces may be provided as tandem parking on an existing
18driveway.

end insert
begin insert

19
(II) Off­street parking shall be permitted in setback areas in
20locations determined by the local agency or through tandem
21parking, unless specific findings are made that parking in setback
22areas or tandem parking is not feasible based upon specific site
23or regional topographical or fire and life safety conditions, or that
24it is not permitted anywhere else in the jurisdiction.

end insert
begin insert

25
(xi) When a garage, carport, or covered parking structure is
26demolished in conjunction with the construction of an accessory
27dwelling unit, and the local agency requires that those off­street
28parking spaces be replaced, the replacement spaces may be located
29in any configuration on the same lot as the accessory dwelling
30unit, including, but not limited to, as covered spaces, uncovered
31spaces, or tandem spaces, or by the use of mechanical automobile
32parking lifts.

end insert

33(2) The ordinance shall not be considered in the application of
34any local ordinance, policy, or program to limit residential growth.

35(3) When a local agency receives its first application on or after
36July 1, 2003, for a permit pursuant to this subdivision, the
37application shall be considered ministerially without discretionary
38review or a hearing, notwithstanding Section 65901 or 65906 or
39any local ordinance regulating the issuance of variances or special
40usebegin delete permits.end deletebegin insert permits, within 120 days after receiving the
P5    1application.end insert
A local agency may charge a fee to reimburse it for
2costs that it incurs as a result of amendments to this paragraph
3enacted during the 2001-02 Regular Session of the Legislature,
4including the costs of adopting or amending any ordinance that
5provides for the creation ofbegin delete secondend deletebegin insert accessory dwellingend insert units.

begin delete

6(b) (1) When a local agency has not adopted an ordinance
7governing second units in accordance with subdivision (a) receives
8its first application on or after July 1, 1983, for a permit pursuant
9to this subdivision, the local agency shall accept the application
10and approve or disapprove the application ministerially without
11discretionary review pursuant to this subdivision unless it adopts
12an ordinance in accordance with subdivision (a) within 120 days
13after receiving the application. Notwithstanding Section 65901 or
1465906, every local agency shall grant a variance or special use
15permit for the creation of a second unit if the second unit complies
16with all of the following:

17(A) The unit is not intended for sale and may be rented.

18(B) The lot is zoned for single-family or multifamily use.

19(C) The lot contains an existing single-family dwelling.

20(D) The second unit is either attached to the existing dwelling
21and located within the living area of the existing dwelling or
22detached from the existing dwelling and located on the same lot
23as the existing dwelling.

24(E) The increased floor area of an attached second unit shall
25not exceed 30 percent of the existing living area.

26(F) The total area of floorspace for a detached second unit shall
27not exceed 1,200 square feet.

28(G) Requirements relating to height, setback, lot coverage,
29architectural review, site plan review, fees, charges, and other
30zoning requirements generally applicable to residential construction
31in the zone in which the property is located, except as follows:

32(i) No passageway or pathway clear to the sky between the
33second unit and a public street shall be required in conjunction
34with the construction of a second unit.

35(ii) No setback more than five feet from the side and rear lot
36line shall be required for a second unit constructed above a garage
37located on an alley.

38(H) Local building code requirements that apply to detached
39dwellings, as appropriate.

P6    1(I) Approval by the local health officer where a private sewage
2disposal system is being used, if required.

end delete
begin insert

3
(4) Any existing ordinance governing the creation of accessory
4dwelling units by a local agency or any such ordinance adopted
5by a local agency subsequent to the effective date of the act adding
6this paragraph shall provide an approval process that includes
7only ministerial provisions for the approval of accessory dwelling
8units and shall not include any discretionary processes, provisions,
9or requirements for those units except as otherwise provided in
10this subdivision. In the event that a local agency has an existing
11accessory dwelling unit ordinance that fails to meet the
12requirements of this subdivision, that ordinance shall be null and
13void upon the effective date of the act adding this paragraph and
14that agency shall thereafter apply the standards established in this
15subdivision for the approval of accessory dwelling units, unless
16and until the agency adopts an ordinance that complies with this
17section.

end insert
begin delete

18(2)

end delete

19begin insert(5)end insert No other local ordinance, policy, or regulation shall be the
20basis for the denial of a building permit or a use permit under this
21subdivision.

begin delete

22(3)

end delete

23begin insert(6)end insert This subdivision establishes the maximum standards that
24local agencies shall use to evaluate proposedbegin delete secondend deletebegin insert accessory
25dwellingend insert
units on lots zoned for residential use that contain an
26existing single-family dwelling. No additional standards, other
27than those provided in thisbegin delete subdivision or subdivision (a),end delete
28begin insert subdivision,end insert shall be utilized or imposed, except that a local agency
29may require an applicant for a permit issued pursuant to this
30subdivision to be an owner-occupant.

begin delete

31(4) No changes in zoning ordinances or other ordinances or any
32changes in the general plan shall be required to implement this
33subdivision. A

end delete

34begin insert(7)end insertbegin insertend insertbegin insertAend insert local agency may amend its zoning ordinance or general
35plan to incorporate the policies, procedures, or other provisions
36applicable to the creation ofbegin delete secondend deletebegin insert accessory dwellingend insert units if
37these provisions are consistent with the limitations of this
38subdivision.

begin delete

39(5) A second

end delete

P7    1begin insert(8)end insertbegin insertend insertbegin insertAn accessory dwellingend insert unit that conforms to this subdivision
2shall be deemed to be an accessory use or an accessory building
3and shall not be considered to exceed the allowable density for the
4lot upon which it is located, and shall be deemed to be a residential
5use that is consistent with the existing general plan and zoning
6designations for the lot. Thebegin delete secondend deletebegin insert accessory dwellingend insert units shall
7not be considered in the application of any local ordinance, policy,
8or program to limit residential growth.

begin insert

9
(b) When a local agency that has not adopted an ordinance
10governing accessory dwelling units in accordance with subdivision
11(a) receives its first application on or after July 1, 1983, for a
12permit pursuant to this subdivision, the local agency shall accept
13the application and approve or disapprove the application
14ministerially without discretionary review pursuant to subdivision
15(a) within 120 days after receiving the application.

end insert

16(c) A local agency may establish minimum and maximum unit
17size requirements for both attached and detachedbegin delete secondend deletebegin insert accessory
18dwellingend insert
units. No minimum or maximum size for abegin delete secondend delete
19begin insert accessory dwellingend insert unit, or size based upon a percentage of the
20existing dwelling, shall be established by ordinance for either
21attached or detached dwellings that does not permit at least an
22efficiency unit to be constructed in compliance with local
23development standards.

begin delete

24(d) (1) Parking requirements for second units shall not exceed
25one parking space per unit or per bedroom. Off-street parking shall
26be permitted in setback areas in locations determined by the local
27agency or through tandem parking, unless specific findings are
28made that parking in setback areas or tandem parking is not feasible
29based upon specific site or regional topographical or fire and life
30safety conditions, or that it is not permitted anywhere else in the
31jurisdiction.

32(2) When a garage, carport, or covered parking structure is
33demolished in conjunction with the construction of a second unit,
34and the local agency requires that those off-street parking spaces
35be replaced, the replacement spaces may be located in any
36configuration on the same lot as the second unit, including, but
37not limited to, as covered spaces, uncovered spaces, or tandem
38spaces, or by the use of mechanical automobile parking lifts.

39(e)

end delete

P8    1begin insert(d)end insert Fees charged for the construction ofbegin delete secondend deletebegin insert accessory
2dwellingend insert
units shall be determined in accordance with Chapter 5
3(commencing with Section 66000).

begin delete

4(f)

end delete

5begin insert(e)end insert This section does not limit the authority of local agencies to
6adopt less restrictive requirements for the creation ofbegin delete second units.end delete
7
begin insert accessory dwelling units, provided those requirements comply
8with subdivision (a).end insert

begin delete

9(g)

end delete

10begin insert(f)end insert Local agencies shall submit a copy of the ordinances adopted
11pursuant to subdivision (a) to the Department of Housing and
12Community Development within 60 days after adoption.

begin delete

13(h)

end delete

14begin insert(g)end insert As used in this section, the following terms mean:

15(1) “Livingbegin delete area,”end deletebegin insert area”end insert means the interior habitable area of a
16dwelling unit including basements and attics but does not include
17a garage or any accessory structure.

18(2) “Local agency” means a city, county, or city and county,
19whether general law or chartered.

20(3) For purposes of this section, “neighborhood” has the same
21meaning as set forth in Section 65589.5.

22(4) begin delete“Second unit” end deletebegin insert“Accessory dwelling unit” end insertmeans an attached
23or a detached residential dwelling unit which provides complete
24independent living facilities for one or more persons. It shall
25include permanent provisions for living, sleeping, eating, cooking,
26and sanitation on the same parcel as the single-family dwelling is
27situated.begin delete A secondend deletebegin insert An accessory dwellingend insert unit also includes the
28following:

29(A) An efficiency unit, as defined in Section 17958.1 of Health
30and Safety Code.

31(B) A manufactured home, as defined in Section 18007 of the
32Health and Safety Code.

begin insert

33
(C) “Passageway” means a pathway that is unobstructed clear
34to the sky and extends from a street to one entrance of the
35accessory dwelling unit.

end insert
begin delete

36(i)

end delete

37begin insert(h)end insert Nothing in this section shall be construed to supersede or in
38any way alter or lessen the effect or application of the California
39Coastal Act (Division 20 (commencing with Section 30000) of
40the Public Resources Code), except that the local government shall
P9    1not be required to hold public hearings for coastal development
2permit applications forbegin delete secondend deletebegin insert accessory dwelling end insert units.

3

SEC. 2.  

No reimbursement is required by this act pursuant to
4Section 6 of Article XIII B of the California Constitution because
5a local agency or school district has the authority to levy service
6charges, fees, or assessments sufficient to pay for the program or
7level of service mandated by this act, within the meaning of Section
817556 of the Government Code.



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