BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 2299


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          ASSEMBLY THIRD READING


          AB  
          2299 (Bloom)


          As Amended  April 5, 2016


          Majority vote


           ------------------------------------------------------------------ 
          |Committee       |Votes|Ayes                  |Noes                |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Housing         |5-2  |Chiu, Burke, Chau,    |Steinorth, Beth     |
          |                |     |Lopez, Mullin         |Gaines              |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Local           |6-2  |Eggman, Alejo,        |Waldron, Beth       |
          |Government      |     |Bonilla, Chiu,        |Gaines              |
          |                |     |Cooley, Linder        |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Appropriations  |14-6 |Gonzalez, Bloom,      |Bigelow, Chang,     |
          |                |     |Bonilla, Bonta,       |Gallagher, Jones,   |
          |                |     |Calderon, McCarty,    |Obernolte, Wagner   |
          |                |     |Eggman, Eduardo       |                    |
          |                |     |Garcia, Chau, Holden, |                    |
          |                |     |Quirk, Santiago,      |                    |
          |                |     |Weber, Wood           |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
           ------------------------------------------------------------------ 









                                                                    AB 2299


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          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  
            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:  According to Assembly Appropriations Committee,  
          no state fiscal impact.  Local agencies have the authority to  








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          levy fees for related costs and thus, any local costs are not  
          reimbursable. 


          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.  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  
          neighborhood.      


          Purpose of this bill:  According to the author, "California's  
          implementation of SB 375 [(Steinberg), Chapter 728, Statutes of  
          2008], 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  








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          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." 




          Analysis Prepared by:                                             
          Lisa Engel / H. & C.D. / (916) 319-2085  FN: 0002978
















                                                                    AB 2299


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