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
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          |Author:   |Bloom                                                 |
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          |Version:  |4/5/2016                                              |
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          |Urgency:  |No                     |Fiscal:      |Yes             |
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          |Consultant|Alison Dinmore                                        |
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          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



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