California Legislature—2015–16 Regular Session

Assembly Bill No. 2406

Introduced by Assembly Member Thurmond

February 19, 2016

An act to amend Section 65852.2 of, and to add Section 65852.22 to, the Government Code, relating to housing.

LEGISLATIVE COUNSEL’S DIGEST

AB 2406, as introduced, Thurmond. Housing: junior accessory dwelling units.

The Planning and Zoning Law authorizes a local agency to provide by ordinance for the creation of 2nd units in single-family and multifamily residential areas, as prescribed.

This bill would, in additions, authorize a local agency to provide by ordinance for the creation of junior accessory dwelling units, as defined, in single-family residential zones. The bill would require the ordinance to include, among other things, standards for the creation of a junior accessory dwelling unit, required deed restrictions, and occupancy requirements. The bill would prohibit an ordinance from requiring, as a condition of granting a permit, water and sewer connection fees, additional parking, or fire sprinklers or fire attenuation requirements.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Section 65852.2 of the Government Code is
amended to read:

65852.2.  

(a) (1) Any local agency may, by ordinance, provide
for the creation of second units in single-family and multifamily
residential zones. The ordinance may do any of the following:

(A) Designate areas within the jurisdiction of the local agency
where second units may be permitted. The designation of areas
may be based on criteria, that may include, but are not limited to,
the adequacy of water and sewer services and the impact of second
units on traffic flow.

(B) Impose standards on second units that include, but are not
limited to, parking, height, setback, lot coverage, architectural
review, maximum size of a unit, and standards that prevent adverse
impacts on any real property that is listed in the California Register
of Historic Places.

(C) Provide that second units do not exceed the allowable
density for the lot upon which the second unit is located, and that
second units are a residential use that is consistent with the existing
general plan and zoning designation for the lot.

(2) The ordinance shall not be considered in the application of
any local ordinance, policy, or program to limit residential growth.

(3) When a local agency receives its first application on or after
July 1, 2003, for a permit pursuant to this subdivision, the
application shall be considered ministerially without discretionary
review or a hearing, notwithstanding Section 65901 or 65906 or
any local ordinance regulating the issuance of variances or special
use permits. Nothing in this paragraph may be construed to require
a local government to adopt or amend an ordinance for the creation
of second units. A local agency may charge a fee to reimburse it
for costs that it incurs as a result of amendments to this paragraph
enacted during the 2001-02 Regular Session of the Legislature,
including the costs of adopting or amending any ordinance that
provides for the creation of second units.

(b) (1) When a local agency which has not adopted an ordinance
governing second units in accordance with subdivision (a) or (c)
receives its first application on or after July 1, 1983, for a permit
pursuant to this subdivision, the local agency shall accept the
application and approve or disapprove the application ministerially
without discretionary review pursuant to this subdivision unless
it adopts an ordinance in accordance with subdivision (a) or (c)
within 120 days after receiving the application. Notwithstanding
Section 65901 or 65906, every local agency shall grant a variance
or special use permit for the creation of a second unit if the second
unit complies with all of the following:

(A) The unit is not intended for sale and may be rented.

(B) The lot is zoned for single-family or multifamily use.

(C) The lot contains an existing single-family dwelling.

(D) The second unit is either attached to the existing dwelling
and 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.

(E) The increased floor area of an attached second unit shall
not exceed 30 percent of the existing living area.

(F) The total area of floorspace for a detached second unit shall
not exceed 1,200 square feet.

(G) Requirements relating to height, setback, lot coverage,
architectural review, site plan review, fees, charges, and other
zoning requirements generally applicable to residential construction
in the zone in which the property is located.

(H) Local building code requirements which apply to detached
dwellings, as appropriate.

(I) Approval by the local health officer where a private sewage
disposal system is being used, if required.

(2) No other local ordinance, policy, or regulation shall be the
basis for the denial of a building permit or a use permit under this
subdivision.

(3) This subdivision establishes the maximum standards that
local agencies shall use to evaluate proposed second units on lots
zoned for residential use which contain an existing single-family
dwelling. No additional standards, other than those provided in
this subdivision or subdivision (a), shall be utilized or imposed,
except that a local agency may require an applicant for a permit
issued pursuant to this subdivision to be an owner-occupant.

(4) No changes in zoning ordinances or other ordinances or any
changes in the general plan shall be required to implement this
subdivision. Any local agency may amend its zoning ordinance
or general plan to incorporate the policies, procedures, or other
provisions applicable to the creation of second units if these
provisions are consistent with the limitations of this subdivision.

(5) A second unit which conforms to the requirements of this
subdivision shall not be considered to exceed the allowable density
for the lot upon which it is located, and shall be deemed to be a
residential use which is consistent with the existing general plan
and zoning designations for the lot. The second units shall not be
considered in the application of any local ordinance, policy, or
program to limit residential growth.

(c) No local agency shall adopt an ordinance which totally
precludes second units within single-family or multifamily zoned
areas unless the ordinance contains findings acknowledging that
the ordinance may limit housing opportunities of the region and
further contains findings that specific adverse impacts on the public
health, safety, and welfare that would result from allowing second
units within single-family and multifamily zoned areas justify
adopting the ordinance.

(d) A local agency may establish minimum and maximum unit
size requirements for both attached and detached second units. No
minimum or maximum size for a second unit, or size based upon
a percentage of the existing dwelling, shall be established by
ordinance for either attached or detached dwellings which does
not permit at least an efficiency unit to be constructed in
compliance with local development standards.

(e) Parking requirements for second units shall not exceed one
parking space per unit or per bedroom. Additional parking may
be required provided that a finding is made that the additional
parking requirements are directly related to the use of the second
unit and are consistent with existing neighborhood standards
applicable to existing dwellings. 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.

(f) Fees charged for the construction of second units shall be
determined in accordance with Chapter 5 (commencing with
Section 66000).

(g) This section does not limit the authority of local agencies
to adopt less restrictive requirements for the creation of second
units.

(h) Local agencies shall submit a copy of the ordinances adopted
pursuant to subdivision (a) or (c) to the Department of Housing
and Community Development within 60 days after adoption.

(i) As used in this section, the following terms mean:

(1) “Living area,” means the interior habitable area of a dwelling
unit including basements and attics but does not include a garage
or any accessory structure.

(2) “Local agency” means a city, county, or city and county,
whether general law or chartered.

(3) For purposes of this section, “neighborhood” has the same
meaning as set forth in Section 65589.5.

(4) “Second unit” means an attached or a detached residential
dwelling unit which provides complete independent living facilities
for one or more persons. It shall include permanent provisions for
living, sleeping, eating, cooking, and sanitation on the same parcel
as the single-family dwelling is situated. A second unit also
includes the following:

(A) An efficiency unit, as defined in Section 17958.1 of Health
and Safety Code.

(B) A manufactured home, as defined in Section 18007 of the
Health and Safety Code.

(j) Nothing in this section shall be construed to supersede or in
any way alter or lessen the effect or application of the California
Coastal Act (Division 20 (commencing with Section 30000) of
the Public Resources Code), except that the local government shall
not be required to hold public hearings for coastal development
permit applications for second units.

begin insert

(k) This section shall not apply to the regulation of junior
accessory dwelling units, as set forth in Section 65852.22.

end insert

SEC. 2.  

Section 65852.22 is added to the Government Code, immediately following Section 65852.2, to read:

65852.22.  

(a) A local agency may, by ordinance, provide for
the creation of junior accessory dwelling units in single-family
residential zones. The ordinance may require a permit to be
obtained for the creation of a junior accessory dwelling unit, and
shall do all of the following:

(1) Limit the number of junior accessory dwelling units to one
per residential lot zoned for single-family residences with a
single-family residence already built on the lot.

(2) Require owner-occupancy in the single-family residence in
which the junior accessory dwelling unit will be permitted. The
owner may reside in either the remaining portion of the structure
or the newly created junior accessory dwelling unit. Owner
occupancy shall not be required if the owner is another
governmental agency, land trust, or housing organization.

(3) Require the recordation of a deed restriction, which shall
run with the land, shall be filed with the permitting agency, and
shall include both of the following:

(A) A prohibition on the sale of the junior accessory dwelling
unit separate from the sale of the single-family residence, including
a statement that the deed restrictions may be enforced against
future purchasers.

(B) A restriction on the size and attributes of the junior accessory
dwelling unit that conforms with this section.

(4) Require a permitted junior accessory dwelling unit to be
constructed within the existing walls of the structure, and require
the inclusion of an existing bedroom.

(5) Require a permitted junior accessory dwelling to include a
separate entrance from the main entrance to the structure, with an
interior entry to the main living area. A permitted junior accessory
dwelling may include a second interior doorway for sound
attenuation.

(6) The permitted junior accessory dwelling unit shall include
an efficiency kitchen, which shall include all of the following:

(A) A sink with maximum width and length dimensions of 16
inches and a maximum waste line diameter of 1.5 inches.

(B) A cooking facility with appliances that do not require
electrical service greater than 120 volts, or natural or propane gas.

(C) A food preparation counter and storage cabinets that are of
reasonable size in relation to the size of the junior accessory
dwelling unit.

(b) (1) An ordinance shall not:

(A) Require additional parking as a condition of granting a
permit.

(B) Authorize the imposition of a water connection fee as a
condition to granting a permit.

(C) Authorize the imposition of a sewer connection fee as a
condition to granting a permit.

(D) Require the installation of fire sprinklers or fire attenuation
as a condition to granting a permit.

(2) This subdivision shall not be interpreted to prohibit the
requirement of an inspection, including the imposition of a fee for
that inspection, to determine whether the junior accessory dwelling
unit is in compliance with applicable building standards.

(c) For purposes of this section, the term “junior accessory
dwelling unit” means a unit that is no more than 500 square feet
in size and contained entirely within an existing single-family
structure. A junior accessory dwelling unit may include separate
sanitation facilities, or may share sanitation facilities with the
existing structure.