BILL ANALYSIS Ó
SENATE COMMITTEE ON TRANSPORTATION AND HOUSING
Senator Jim Beall, Chair
2015 - 2016 Regular
Bill No: AB 2299 Hearing Date: 6/14/2016
-----------------------------------------------------------------
|Author: |Bloom |
|----------+------------------------------------------------------|
|Version: |4/5/2016 |
-----------------------------------------------------------------
-----------------------------------------------------------------
|Urgency: |No |Fiscal: |Yes |
-----------------------------------------------------------------
-----------------------------------------------------------------
|Consultant|Alison Dinmore |
|: | |
-----------------------------------------------------------------
SUBJECT: Second Units
DIGEST: 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.
ANALYSIS:
Existing law:
1) Requires local governments to consider applications for a
second unit 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 the adequacy of water
and sewer services and the impact on traffic flow.
b) Impose parking, height, setback, lot coverage,
architectural review, maximum unit size and standards that
prevent adverse impacts on any property listed in the
AB 2299 (Bloom) Page 2 of ?
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.
This bill:
1)Requires a local government to provide for the creation of
second units in single-family and multifamily residential
zones.
2)Prohibits a local government from imposing parking standards
for a second unit that is located within a half-mile of public
transit or shopping or is within an architecturally and
historically significant historic district. A local
government may otherwise reduce or eliminate parking
requirements for any second unit located within 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, as covered spaces,
uncovered spaces, or tandem spaces, or by the use of
mechanical automobile parking lifts.
COMMENTS:
1)Purpose of the bill. According to the author, many local
governments have not adopted a local second-unit law or have
made their laws so stringent that homeowners are unable to add
AB 2299 (Bloom) Page 3 of ?
a second unit. Given California's current housing deficiency,
this bill is intended to help California bring more housing
online. The bill focuses on second units located near transit
and eliminated stringent parking standards in these areas.
This bill mandates local governments to adopt a second-unit
ordinance and prohibits them from imposing parking standards
on those units that are located within a half- mile of a
public transit or shopping or within an architecturally and
historically significant historic district.
2)What are second units? Second units, also known as accessory
dwelling units, accessory apartments, accessory dwellings,
mother-in-law units, or granny flats, are additional living
spaces on single-family lots that have a separate kitchen,
bathroom, and exterior access independent of the primary
residence. These spaces can either be attached to or detached
from the primary residence.
3)Relaxing second unit requirements. According to a UC Berkeley
study, Yes in My Backyard: Mobilizing the Market for Secondary
Units, second units are a means to accommodate future growth
and encourage infill development in developed neighborhoods.
Despite existing state law, which requires each city in the
state to have a ministerial process for approving second
units, the study found that local regulations often impede
development. Easing these burdens to permit more second units
could permit a family to rent out the unit (about 49% of the
units) or provide housing for a family member (about 51% of
the units). In fact, the study found that the average second
unit was advertised at a rental rate that makes it affordable
to a household earning 62% of the area median income. About
30% were affordable to households in the very low-income
category, and 49% were in the low-income category. The study,
which evaluated five adjacent cities in the East Bay,
concluded that there is a substantial market of interested
homeowners; cities could reduce parking requirements without
contributing to parking issues; second units could accommodate
future growth and affordable housing; and that scaling up
second unit strategy could mean economic and fiscal benefits
for cities.
This bill eases barriers to the construction and permitting of
second units by:
a) Requiring a local government to adopt an ordinance for
AB 2299 (Bloom) Page 4 of ?
the creation of second units in single-family and
multifamily residential zones.
b) Prohibiting a local government from imposing parking
standards for a second unit located within half a mile of
public transit or that is within an architecturally and
historically significant historic district.
c) Prohibiting a local government from requiring a
passageway or pathway clear to the sky between the second
unit and a public street.
d) Prohibiting a local government from requiring a setback
more than five feet from the side and real lot line for a
second unit constructed above a garage on an alley.
e) Providing that replacement covered parking may be
located in any configuration on the same lot.
1)Opposition. According to the opposition, this bill departs
from current law by requiring local governments to adopt a
second-unit ordinance, which is a costly mandate. This will
prohibit cities from imposing parking standards in certain
circumstances, which could lead to unintended consequences,
including community opposition to second units. Existing law
already provides authority to local governments to adopt a
second-unit ordinance and does not account for the realities
of many suburban and rural communities.
2)Double-referral. This bill was double-referred to the Senate
Governance and Finance Committee.
Assembly Votes:
Floor: 51-24
Appr: 14-6
L.Govt: 6-2
H&CD: 5-2
Related Legislation:
AB 2406 (Thurmond) - Allows a local agency to create an
ordinance for junior accessory dwelling units in single-family
residential zones. This bill is pending in the Senate
Transportation and Housing Committee.
SB 1069 (Wieckowski) - This bill requires an ordinance for the
creation of accessory dwelling units (ADUs) to include specified
provisions regarding areas where ADUs may be located, standards,
AB 2299 (Bloom) Page 5 of ?
and lot density. This bill revises requirements for the approval
or disapproval of an ADU application when a local agency has not
adopted an ordinance. This bill is pending in the Assembly
Housing and Community Development Committee.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes
Local: Yes
POSITIONS: (Communicated to the committee before noon on
Wednesday,
June 8, 2016.)
SUPPORT:
California Apartment Association (sponsor)
American Planning Association, California Chapter
California Association of Realtors
City of Morgan Hill
City of Los Angeles
West Hollywood Chamber of Commerce
OPPOSITION:
City of Camarillo
City of San Dimas
Ventura Council of Governments
-- END --