BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 2299


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          Date of Hearing:  May 11, 2016


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                               Lorena Gonzalez, Chair


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


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          |Policy       |Housing and Community          |Vote:|5 - 2        |
          |Committee:   |Development                    |     |             |
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          |             |Local Government               |     |6 - 2        |
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          Urgency:  No  State Mandated Local Program:  YesReimbursable:   
          No


          SUMMARY:  This bill 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. 








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          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  
            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. 


          FISCAL EFFECT:


          No state fiscal impact.  Local agencies have the authority to  
          levy fees for related costs and thus, any local costs are not  
          reimbursable. 


          COMMENTS:


          1)Purpose. According to the author, "Recognizing the potential  
            of secondary units as a housing strategy, California has  








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            passed several laws to lower local regulatory barriers to  
            construction, most recently AB 1866 (Wright), Chapter 1062,  
            Statutes of 2002, which requires that each city in the state  
            have a ministerial process for approving secondary units. This  
            bill 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 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."


          2)Background. Local governments are authorized, but not  
            required, to adopt ordinances for the creation of second units  
            in single family and multifamily zones.  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.  


          3)Arguments in Support.  Supporters, apartment owners and  
            realtors, argue that this bill will help alleviate our housing  
            shortage, while capitalizing on limited land resources. 


          4)Arguments in Opposition.  Opposition, local governments,  
            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.










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          5)Related Legislation.  This is one of six Assembly bills  
            addressing density bonus issues before this committee today.


             a)   AB 1934 (Santiago) creates a density bonus for  
               commercial developers that partner with an affordable  
               housing developer to construct a mixed-used development.


             b)   AB 2208 (Santiago) adds to the list of the types of  
               sites that a local government can identify as suitable for  
               residential development in their housing element.    


             c)   AB 2442 (Holden) requires local agencies to grant a  
               density bonus when an applicant for a housing development  
               agrees to construct housing for transitional foster youth,  
               disabled veterans, or homeless persons.


             d)   AB 2501 (Bloom and Low) makes a number of changes to  
               density bonus law.


             e)   AB 2556 (Nazarian) requires a jurisdiction, in cases  
               where a proposed development is replacing existing  
               affordable housing units, to adopt a rebuttable presumption  
               regarding the number and type of affordable housing units  
               necessary for density bonus eligibility.  


          


          Analysis Prepared by:Jennifer Swenson / APPR. / (916)  
          319-2081











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