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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