BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 2299


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          Date of Hearing:  April 13, 2016


               ASSEMBLY COMMITTEE ON HOUSING AND COMMUNITY DEVELOPMENT


                                  David Chiu, Chair


          AB 2299  
          (Bloom) - As Amended April 5, 2016


          SUBJECT:  Land use:  housing:  2nd units


          SUMMARY:   Requires rather than permits a local government to  
          adopt an ordinance for the creation of second units in  
          single-family and multifamily residential zones. Specifically,  
          this bill:  


          1)Prohibits a local government from imposing parking standards  
            for a second unit located within one-half mile of public  
            transit or shopping or that is within an architecturally and  
            historically significant historic district. 


          2)Allows a local government to eliminate parking requirements  
            for any second unit located in its jurisdiction.


          3)Prohibits a local government from requiring a passageway or  
            pathway clear to the sky between the second unit and a public  
            street when constructing a second unit. 


          4)Prohibits a local government from requiring a setback more  
            than five feet from the side and rear lot line for a second  








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            unit constructed above a garage located on an alley.


          5)Provides that when a garage, carport, or covered parking  
            structure is demolished in conjunction with the construction  
            of a second unit, and the local government requires that those  
            off-street parking spaces be replaced, the replacement spaces  
            may be located in any configuration on the same lot as the  
            second unit including but not limited to covered spaces,  
            uncovered spaces, or tandem spaces or by the use of mechanical  
            automobile parking lifts. 


          EXISTING LAW:  


          1)After July 1, 2003, applications for a second unit shall be  
            considered by local governments ministerially, without  
            discretionary review or hearing, regardless of any local  
            ordinance regulating the issuance of special use permits.  


          2)Provides that a local government may by ordinance provide for  
            the creation of second units in single-family and multi-family  
            zones. 


          1)Provides that a local ordinance for second units may do all of  
            the following:


             a)   Designate areas where second units may be permitted  
               based on criteria that may include consider the adequacy of  
               water and sewer services and the impact on traffic flow.   


             b)   Impose parking standards, height, setback, lot coverage,  
               architectural review, maximum size of a unit and standards  
               that prevent adverse impacts on any property listed in the  








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               California Register of Historic Places. 


             c)   Provide that second units do not exceed the allowable  
               density for the lot on which it is located and that second  
               units are a residential use that is consistent with the  
               existing general plan and zoning designation on a lot. 





          FISCAL EFFECT:  Unknown. 


          COMMENTS:  


          Local governments are authorized to adopt ordinances for the  
          creation of second units in single family and multifamily zones;  
          however they are not required to do so.  State law allows local  
          governments to limit the areas that second units may be  
          permitted based on availability of adequate water and sewer  
          services as well as the impact on traffic flow.  They can also  
          impose parking standards. In 2003, AB 1866 (Wright) Chapter  
          1062, Statutes of 2002, required that local governments approve  
          a second unit ministerially without discretionary review or  
          hearing or require a special use permit.  


          This bill would require rather than allow a local government to  
          adopt a second unit ordinance and to limit the local  
          government's ability to apply certain standards. Within one-half  
          mile of public transit or shopping, or within in an  
          architecturally or historically significant district, an  
          ordinance could not impose any parking requirement on the second  
          unit.  Parking requirements imposed by local jurisdictions on  
          second units can be a barrier to the creation of these units  
          because the parking may not be feasible in an existing  








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          neighborhood.      


           Purpose of this bill  :  According to the author, "California's  
          implementation of SB 375, the Sustainable Communities and  
          Climate Protection Act of 2008, is putting new pressure on  
          communities to support infill and affordable housing  
          development. As the San Francisco Bay Area adds over two million  
          new residents by 2040, infilling the core (in targeted Priority  
          Development Areas, or PDAs) could accommodate over half of the  
          new population, according to the Association of Bay Area  
          Governments (ABAG) . But at the same time, infill could increase  
          housing costs and exacerbate the region's affordability crisis.   
          One potential solution is secondary units (also called in-law  
          units or accessory dwelling units). Self-contained, smaller  
          living units on the lot of a single-family home, secondary units  
          can be either attached to the primary house, such as an  
          above-the-garage unit or a basement unit, or detached (an  
          independent cottage) . Secondary units are particularly  
          well-suited as an infill strategy for low-density residential  
          areas because they offer hidden density, housing units not  
          readily apparent from the street - and relatively less  
          objectionable to the neighbors.  Recognizing the potential of  
          secondary units as a housing strategy, California has passed  
          several laws to lower local regulatory barriers to construction,  
          most recently Assembly Bill 1866 of 2002, which requires that  
          each city in the state have a ministerial process for approving  
          secondary units. AB 2299 will ease and streamline current  
          statewide regulations as well as encourage the building of  
          accessory dwelling unit (ADU) as a way to create more housing  
          options.  Currently several cities are looking at local  
          ordinances to improve or incentivize the creation of ADUs as way  
          to create more rental properties and incomes for families to  
          stay in their current homes. Simply reducing parking  
          requirements in transit rich areas where most tenants don't have  
          a car will encourage more building of ADUs." 


           Arguments in support  :  According to the sponsor of this bill,  








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          the California Apartment Association, California is struggling  
          to meet the needs of its citizens when it comes to housing,  
          especially housing that is affordable near jobs centers and  
          public transportation.  By promoting the development of second  
          units, AB 2299 will help alleviate our housing shortage, while  
          capitalizing on limited resources. While second units can serve  
          as much needed rental housing, they can also provide homes for  
          college students, elderly parents, or individual with  
          disabilities, who need to leave close to their families or  
          teachers who can provide them support. By providing for the  
          efficient approval of second units, you will bring units to the  
          housing market sooner and will make them more affordable.  


          Arguments in opposition  : The League of California Cities is  
          opposed to this bill in part because, "it prohibits cities from  
          imposing parking standards on second units located within  
          one-half mile of public transit or shopping or in an  
          architectural and historical significant area. This does not  
          take into account any local realities or preferences. AB 2299  
          mandates that cities pass an ordinance. This is a costly  
          requirement for cities, as well as for the state. Current law  
          which provides an option or cities to adopt an ordinance when  
          needed is sufficient." 


          Double referred:  If AB 2299 passes this committee, the bill will  
          be referred to the Committee on Local Government


          REGISTERED SUPPORT / OPPOSITION:




          Support


          California Apartment Association (sponsor)








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          American Planning Association, California Chapter (support if  
          amended0


          Apartment Association of Greater Los Angeles


          California Association of Realtors


          California Rural Legal Assistance Foundation


          Santa Barbara Rental Property Association


          Western Center on Law & Poverty







          Opposition


          California State Association of Counties


          League of California Cities 




          Analysis Prepared by:Lisa Engel / H. & C.D. / (961) 319-2085,   
          Lisa Engel / H. & C.D. / (916) 319-2085








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