BILL ANALYSIS Ó
AB 2299
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Date of Hearing: April 20, 2016
ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT
Susan Talamantes Eggman, Chair
AB 2299
(Bloom) - As Amended April 5, 2016
SUBJECT: Land use: housing: 2nd units.
SUMMARY: Requires, instead of allows, a local agency to, by
ordinance, provide for the creation of second units in
single-family and multifamily residential zones, and makes a
number of other changes specifying what is required to be in the
ordinance. Specifically, this bill:
1)Requires, instead of permits, a local agency by ordinance, to
provide for the creation of second units in single-family and
multifamily residential zones, and specifies what is required
to be in the ordinance.
2)Prohibits a local agency, in the ordinance, from imposing
parking standards for a second unit that is located within
one-half mile of public transit or shopping or is within an
architecturally and historically significant historic
district.
3)Allows, in the ordinance, a local agency to reduce or
eliminate parking requirements for any second unit located
within its jurisdiction, as specified.
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4)Prohibits a local government, in the ordinance, from requiring
a passageway or pathway clear to the sky between the second
unit and a public street when constructing a second unit.
5)Prohibits a local government, in the ordinance, from requiring
a setback more than five feet from the side and rear lot line
for a second unit constructed above a garage located on an
alley.
6)Specifies 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.
7)Provides that a second unit that conforms to this section of
law shall be deemed to be an accessory use or an accessory
building, as specified.
8)Makes other technical and corresponding changes.
9)Declares that no reimbursement is required because a local
agency has the authority to levy service charges, fees, or
assessments sufficient to pay for the program or level of
service mandated by this act.
EXISTING LAW:
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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.
3)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
California Register of Historic Places; and,
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: This bill is keyed fiscal.
COMMENTS:
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1)Bill Summary and Background. 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. AB
1866 (Wright), Chapter 1066, Statutes of 2003, required that
local governments approve a second unit ministerially without
discretionary review or hearing or require a special use
permit.
This bill requires, instead of allows, a local agency to, by
ordinance, provide for the creation of second units in
single-family and multifamily residential zones, and makes a
number of other changes specifying what is required to be in
the ordinance. This bill prohibits a local agency, in the
ordinance, from imposing parking standards for a second unit
that is located within one-half mile of public transit or
shopping or is within an architecturally and historically
significant historic district, and allows, in the ordinance, a
local agency to reduce or eliminate parking requirements for
any second unit located within its jurisdiction, as specified.
The bill also prohibits a local government, in the ordinance,
from requiring a passageway or pathway clear to the sky
between the second unit and a public street when constructing
a second unit, and prohibits a local government, in the
ordinance, from requiring a setback more than five feet from
the side and rear lot line for a second unit constructed above
a garage located on an alley.
The bill also specifies 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,
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covered spaces, uncovered spaces, or tandem spaces or by the
use of mechanical automobile parking lifts.
This bill is sponsored by the California Apartment
Association.
2)Author's Statement. According to the author, "California's
implementation of SB 375 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 could
accommodate over half of the new population, according to the
Association of Bay Area Governments. 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 either be
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 AB 1866 of
2003, 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 units (ADUs) as a way to create more housing options.
Currently several cities are looking at local ordinance to
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improve or incentivize the creation of ADUs as a 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."
3)Arguments in Support. Supporters argue that this bill will
help alleviate our housing shortage, while capitalizing on
limited land resources.
4)Arguments in Opposition. Opposition argues that this bill
adds costs at the local level that are ultimately passed on in
the form of higher development fees, and also assumes that all
communities are appropriate for second units.
5)Double-Referral. This bill was heard by the Housing and
Community Development Committee on April 13, 2016, where it
passed with a 5-2 vote.
REGISTERED SUPPORT / OPPOSITION:
Support
California Apartment Association [SPONSOR]
American Planning Association, California Chapter (if amended)
California Association of Realtors
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Opposition
California State Association of Counties
League of California Cities
Analysis Prepared by:Debbie Michel / L. GOV. / (916) 319-3958