BILL ANALYSIS Ó
AB 2299
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB
2299 (Bloom)
As Amended August 26, 2016
Majority vote
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|ASSEMBLY: |51-24 |(June 2, 2016) |SENATE: |31-4 |(August 30, |
| | | | | |2016) |
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Original Committee Reference: H. & C.D.
SUMMARY: Makes a number of changes to the Accessory Dwelling
Unit (ADU) review process and standards. Specifically, this
bill:
1)Replaces "second units" with "ADUs" throughout the chapter.
2)Provides that a local government may adopt an ordinance
allowing ADUs in single-family and multifamily residential
zones, and the ordinance must do all of the following:
a) Designate areas where ADUs may be permitted based on
criteria that may include the adequacy of water and sewer
services and the impact on traffic flow and public safety.
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b) Impose parking, height, setback, lot coverage,
landscape, architectural review, maximum unit size and
standards that prevent adverse impacts on any property
listed in the California Register of Historic Places.
c) Reduce or eliminate parking requirements, if a local
government so chooses.
d) Provide that ADUs do not exceed the allowable density
for the lot on which it is located and that ADUs are a
residential use that is consistent with the existing
general plan and zoning designation on a lot.
e) Require the ADUs to comply with all of the following:
i) The unit is not intended for sale separate from the
primary residence and may be rented.
ii) The lot is zoned for single-family or multifamily
use.
iii) The ADU is either attached to the existing dwelling
or located within the living area of the existing
dwelling or detached from the existing dwelling and
located on the same lot as the existing dwelling.
iv) The increased floor area of an attached ADU shall
not exceed 50% of the existing living area.
v) The total area of floorspace for a detached ADU
shall not exceed 1,200 square feet.
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vi) No passageway shall be required in conjunction with
the construction of an ADU.
vii) No setback shall be required for an existing garage
that is converted to an ADU, and a setback of no more
than five feet from the side and rear lot lines shall be
required for an ADU that is constructed above a garage.
viii) Local building code requirements that apply to
detached dwellings, as appropriate.
ix) Approval by the local health officer where a private
sewage disposal system is being used, if required.
x) Parking requirements for ADUs shall not exceed one
parking space per unit or per bedroom. These spaces may
be provided as tandem parking on an existing driveway.
xi) Off-street parking shall be permitted in setback
areas in locations determined by the local agency or
through tandem parking, unless specific findings are made
that parking in setback areas or tandem parking is not
feasible based upon specific site or regional
topographical or fire and life safety conditions, or that
it is not permitted anywhere else in the jurisdiction.
xii) When a garage, carport, or covered parking structure
is demolished in conjunction with the construction of an
ADU, and the local agency requires that those off-street
parking spaces be replaced, the replacement spaces may be
located in any configuration on the same lot as the ADU,
including, but not limited to, as covered spaces,
uncovered spaces, or tandem spaces, or by the use of
mechanical automobile parking lifts.
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3)Requires a local agency that has not adopted an ADU ordinance
to review ADU permit applications pursuant to the above-listed
standards.
4)Provides that a local agency must ministerially review and
approve or disapprove ADU permits within 120 days after
receiving an application. Any existing ordinance governing
the creation of ADUs by a local agency or any such ordinance
subsequently adopted by a local agency shall provide an
approval process that includes only ministerial provisions for
the approval of ADUs and shall not include any discretionary
processes, provisions, or requirements for those units except
as otherwise provided in this subdivision.
5)Specifies that in the event that a local agency has an
existing ADU ordinance that fails to meet the requirements of
state law, that ordinance shall be null and void and that
agency shall thereafter apply the standards established in
state law for the approval of ADUs, unless and until the
agency adopts an ordinance that complies with this section.
6)Removes the provision permitting additional parking upon a
finding that additional parking is required related to the use
of the ADU and consistent with existing neighborhood
standards.
7)Deletes language from existing law that prohibits local
agencies from adopting an ordinance, which totally precludes
ADUs, unless the ordinance contains specified findings.
8)Defines "passageway" as a pathway that is unobstructed clear
to the sky and extends from a street to one entrance of the
ADU.
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9)Makes numerous technical, clarifying changes.
10)Incorporates amendments to avoid chaptering conflicts with SB
1069 (Wieckowski) of the current legislative session.
The Senate amendments:
1)Replace "second units" with "ADUs" throughout the chapter.
2)Delete the provision that prohibits a local government from
imposing parking standards for an ADU located within one-half
mile of public transit or shopping or that is within an
architecturally and historically significant historic
district.
3)Delete the provision that requires a local government to adopt
an ADU ordinance.
4)Provide that an ADU ordinance must contain specified
provisions, including:
a) The increased floor area of an attached ADU shall not
exceed 50% of the existing living area.
b) The total area of floorspace for a detached ADU shall
not exceed 1,200 square feet.
c) No passageway shall be required in conjunction with the
construction of an ADU.
d) No setback shall be required for an existing garage that
is converted to an ADU, and a setback of no more than five
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feet from the side and rear lot lines shall be required for
an ADU that is constructed above a garage.
e) Local building code requirements that apply to detached
dwellings, as appropriate.
f) Approval by the local health officer where a private
sewage disposal system is being used, if required.
g) Parking requirements for ADUs shall not exceed one
parking space per unit or per bedroom. These spaces may be
provided as tandem parking on an existing driveway.
h) Off-street parking shall be permitted in setback areas
in locations determined by the local agency or through
tandem parking, unless specific findings are made that
parking in setback areas or tandem parking is not feasible
based upon specific site or regional topographical or fire
and life safety conditions, or that it is not permitted
anywhere else in the jurisdiction.
i) When a garage, carport, or covered parking structure is
demolished in conjunction with the construction of an ADU,
and the local agency requires that those off-street parking
spaces be replaced, the replacement spaces may be located
in any configuration on the same lot as the ADU, including,
but not limited to, as covered spaces, uncovered spaces, or
tandem spaces, or by the use of mechanical automobile
parking lifts.
5)Require a local agency that has not adopted an ADU ordinance
to review ADU permit applications pursuant to the above-listed
standards.
6)Provide that a local agency must ministerially review and
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approve or disapprove ADU permits within 120 days after
receiving an application. Any existing ordinance governing
the creation of ADUs by a local agency or any such ordinance
subsequently adopted by a local agency shall provide an
approval process that includes only ministerial provisions for
the approval of ADUs and shall not include any discretionary
processes, provisions, or requirements for those units except
as otherwise provided in this subdivision.
7)Specify that in the event that a local agency has an existing
ADU ordinance that fails to meet the requirements of state
law, that ordinance shall be null and void and that agency
shall thereafter apply the standards established in state law
for the approval of ADUs, unless and until the agency adopts
an ordinance that complies with this section.
8)Define "passageway" as a pathway that is unobstructed clear to
the sky and extends from a street to one entrance of the ADU.
9)Make numerous technical, clarifying changes.
10)Add a principal co-author
11)Incorporate amendments to avoid chaptering conflicts with SB
1069 (Wieckowski).
FISCAL EFFECT: According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS: ADUs, which are referred to in existing law as
"second units", are additional living quarters on single-family
lots that are independent of the primary dwelling unit. Also
known as accessory apartments, accessory dwellings,
mother-in-law units, or granny flats, ADUs are either attached
or detached to the primary dwelling unit, and provide complete
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independent living facilities for one or more person. This
includes permanent provisions for living, sleeping, eating,
cooking, and sanitation.
In 2002, AB 1866 (Wright), Chapter 1062, Statutes of 2002,
required local governments to use a ministerial process for
approving ADUs, notwithstanding other laws that regulate the
issuance of variances or special use permits. A local
government may provide for the construction of ADUs by
ordinance, and may designate areas where ADUs are allowed, as
well as require standards for parking, setback, lot coverage,
and maximum size. If a local government has not adopted an
ordinance governing ADUs, it must grant a variance or special
use permit for the creation of ADUs if the unit complies with
requirements specified in statute, including size and zoning
restrictions.
This bill seeks to ease some of the barriers to the development
of ADUs. Senate amendments make several changes to the bill.
This bill no longer requires a local agency to adopt an ADU
ordinance, or prohibits the imposition of parking requirements
on an ADU that is within one-half mile of public transit or
shopping, or within in an architecturally or historically
significant district. Rather, the bill reorganizes existing law
to apply a clear standard for the ADU permit review process
regardless of whether a local government has adopted an
ordinance or not. If a local government has an ADU ordinance,
that ordinance must include specified provisions for standards
such as parking, setback, and zoning requirements. If a local
agency has not adopted an ordinance, it must review the
application pursuant to these same standards. An application
must be ministerially reviewed and approved or disapproved
within 120 days after receipt.
This bill also makes several changes to ADU standards,
including:
1)Specifies that the increased floor area of an attached ADU
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must not exceed 50% of the existing living area, up from 30%.
2)Provides that no passageways shall be required in conjunction
with the construction of an ADU
3)Limits setback requirements
4)Provides standards for off-street parking replacement spots,
and also specifies that a local agency may reduce or eliminate
parking requirements for any ADU located within its
jurisdiction.
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
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 AB 1866 (Wright) 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
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of ADUs 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."
Analysis Prepared by: Rebecca Rabovsky
/ H. & C.D. / (916) 319-2085 FN: 0005008