Amended in Senate June 8, 2016

Amended in Assembly April 28, 2016

Amended in Assembly April 18, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 2406


Introduced by Assembly Member Thurmond

begin insert

(Coauthor: Assembly Member Levine)

end insert

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 amended, 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 addition, 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 or additional parking requirements.

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

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

P2    1

SECTION 1.  

Section 65852.2 of the Government Code is
2amended to read:

3

65852.2.  

(a) (1) Any local agency may, by ordinance, provide
4for the creation of second units in single-family and multifamily
5residential zones. The ordinance may do any of the following:

6(A) Designate areas within the jurisdiction of the local agency
7where second units may be permitted. The designation of areas
8may be based on criteria, that may include, but are not limited to,
9the adequacy of water and sewer services and the impact of second
10units on traffic flow.

11(B) Impose standards on second units that include, but are not
12limited to, parking, height, setback, lot coverage, architectural
13review, maximum size of a unit, and standards that prevent adverse
14impacts on any real property that is listed in the California Register
15of Historic Places.

16(C) Provide that second units do not exceed the allowable
17density for the lot upon which the second unit is located, and that
18second units are a residential use that is consistent with the existing
19general plan and zoning designation for the lot.

20(2) The ordinance shall not be considered in the application of
21any local ordinance, policy, or program to limit residential growth.

22(3) When a local agency receives its first application on or after
23July 1, 2003, for a permit pursuant to this subdivision, the
24application shall be considered ministerially without discretionary
25review or a hearing, notwithstanding Section 65901 or 65906 or
26any local ordinance regulating the issuance of variances or special
27use permits. Nothing in this paragraph may be construed to require
28a local government to adopt or amend an ordinance for the creation
29of second units. A local agency may charge a fee to reimburse it
30for costs that it incurs as a result of amendments to this paragraph
31enacted during the 2001-02 Regular Session of the Legislature,
32including the costs of adopting or amending any ordinance that
33provides for the creation of second units.

34(b) (1) When a local agency which has not adopted an ordinance
35governing second units in accordance with subdivision (a) or (c)
36receives its first application on or after July 1, 1983, for a permit
37pursuant to this subdivision, the local agency shall accept the
38application and approve or disapprove the application ministerially
P3    1without discretionary review pursuant to this subdivision unless
2it adopts an ordinance in accordance with subdivision (a) or (c)
3within 120 days after receiving the application. Notwithstanding
4Section 65901 or 65906, every local agency shall grant a variance
5or special use permit for the creation of a second unit if the second
6unit complies with all of the following:

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

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

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

10(D) The second unit is either attached to the existing dwelling
11and located within the living area of the existing dwelling or
12detached from the existing dwelling and located on the same lot
13as the existing dwelling.

14(E) The increased floor area of an attached second unit shall
15not exceed 30 percent of the existing living area.

16(F) The total area of floorspace for a detached second unit shall
17not exceed 1,200 square feet.

18(G) Requirements relating to height, setback, lot coverage,
19architectural review, site plan review, fees, charges, and other
20zoning requirements generally applicable to residential construction
21in the zone in which the property is located.

22(H) Local building code requirements which apply to detached
23dwellings, as appropriate.

24(I) Approval by the local health officer where a private sewage
25disposal system is being used, if required.

26(2) No other local ordinance, policy, or regulation shall be the
27basis for the denial of a building permit or a use permit under this
28subdivision.

29(3) This subdivision establishes the maximum standards that
30local agencies shall use to evaluate proposed second units on lots
31zoned for residential use which contain an existing single-family
32dwelling. No additional standards, other than those provided in
33this subdivision or subdivision (a), shall be utilized or imposed,
34except that a local agency may require an applicant for a permit
35issued pursuant to this subdivision to be an owner-occupant.

36(4) No changes in zoning ordinances or other ordinances or any
37changes in the general plan shall be required to implement this
38subdivision. Any local agency may amend its zoning ordinance
39or general plan to incorporate the policies, procedures, or other
P4    1provisions applicable to the creation of second units if these
2provisions are consistent with the limitations of this subdivision.

3(5) A second unit which conforms to the requirements of this
4subdivision shall not be considered to exceed the allowable density
5for the lot upon which it is located, and shall be deemed to be a
6residential use which is consistent with the existing general plan
7and zoning designations for the lot. The second units shall not be
8considered in the application of any local ordinance, policy, or
9program to limit residential growth.

10(c) No local agency shall adopt an ordinance which totally
11precludes second units within single-family or multifamily zoned
12areas unless the ordinance contains findings acknowledging that
13the ordinance may limit housing opportunities of the region and
14further contains findings that specific adverse impacts on the public
15health, safety, and welfare that would result from allowing second
16units within single-family and multifamily zoned areas justify
17adopting the ordinance.

18(d) A local agency may establish minimum and maximum unit
19size requirements for both attached and detached second units. No
20minimum or maximum size for a second unit, or size based upon
21a percentage of the existing dwelling, shall be established by
22ordinance for either attached or detached dwellings which does
23not permit at least an efficiency unit to be constructed in
24compliance with local development standards.

25(e) Parking requirements for second units shall not exceed one
26parking space per unit or per bedroom. Additional parking may
27be required provided that a finding is made that the additional
28parking requirements are directly related to the use of the second
29unit and are consistent with existing neighborhood standards
30applicable to existing dwellings. Off-street parking shall be
31permitted in setback areas in locations determined by the local
32agency or through tandem parking, unless specific findings are
33made that parking in setback areas or tandem parking is not feasible
34based upon specific site or regional topographical or fire and life
35safety conditions, or that it is not permitted anywhere else in the
36jurisdiction.

37(f) Fees charged for the construction of second units shall be
38determined in accordance with Chapter 5 (commencing with
39Section 66000).

P5    1(g) This section does not limit the authority of local agencies
2to adopt less restrictive requirements for the creation of second
3units.

4(h) Local agencies shall submit a copy of the ordinances adopted
5pursuant to subdivision (a) or (c) to the Department of Housing
6and Community Development within 60 days after adoption.

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

8(1) “Living area” means the interior habitable area of a dwelling
9unit including basements and attics but does not include a garage
10or any accessory structure.

11(2) “Local agency” means a city, county, or city and county,
12whether general law or chartered.

13(3) For purposes of this section, “neighborhood” has the same
14meaning as set forth in Section 65589.5.

15(4) “Second unit” means an attached or a detached residential
16dwelling unit which provides complete independent living facilities
17for one or more persons. It shall include permanent provisions for
18living, sleeping, eating, cooking, and sanitation on the same parcel
19as the single-family dwelling is situated. A second unit also
20includes the following:

21(A) An efficiency unit, as defined in Section 17958.1 of Health
22and Safety Code.

23(B) A manufactured home, as defined in Section 18007 of the
24Health and Safety Code.

25(j) Nothing in this section shall be construed to supersede or in
26any way alter or lessen the effect or application of the California
27Coastal Act (Division 20 (commencing with Section 30000) of
28the Public Resources Code), except that the local government shall
29not be required to hold public hearings for coastal development
30permit applications for second units.

31(k) This section shall not apply to the regulation of junior
32accessory dwelling units, as set forth in Section 65852.22.

33

SEC. 2.  

Section 65852.22 is added to the Government Code, 34immediately following Section 65852.2, to read:

35

65852.22.  

(a) A local agency may, by ordinance, provide for
36the creation of junior accessory dwelling units in single-family
37residential zones. The ordinance may require a permit to be
38obtained for the creation of a junior accessory dwelling unit, and
39shall do all of the following:

P6    1(1) Limit the number of junior accessory dwelling units to one
2per residential lot zoned for single-family residences with a
3single-family residence already built on the lot.

4(2) Require owner-occupancy in the single-family residence in
5which the junior accessory dwelling unit will be permitted. The
6owner may reside in either the remaining portion of the structure
7or the newly created junior accessory dwelling unit.begin delete Owner
8occupancyend delete
begin insert Owner-occupancyend insert shall not be required if the owner is
9another governmental agency, land trust, or housing organization.

10(3) Require the recordation of a deed restriction, which shall
11run with the land, shall be filed with the permitting agency, and
12shall include both of the following:

13(A) A prohibition on the sale of the junior accessory dwelling
14unit separate from the sale of the single-family residence, including
15a statement that the deedbegin delete restrictionsend deletebegin insert restrictionend insert may be enforced
16against future purchasers.

17(B) A restriction on the size and attributes of the junior accessory
18dwelling unit that conforms with this section.

19(4) Require a permitted junior accessory dwelling unit to be
20constructed within the existing walls of the structure, and require
21the inclusion of an existing bedroom.

22(5) Require a permitted junior accessory dwelling to include a
23separate entrance from the main entrance to the structure, with an
24interior entry to the main living area. A permitted junior accessory
25dwelling may include a second interior doorway for sound
26attenuation.

27(6) The permitted junior accessory dwelling unit shall include
28an efficiency kitchen, which shall include all of the following:

29(A) A sink withbegin delete maximum width and length dimensions of 16
30inches andend delete
a maximum waste line diameter of 1.5 inches.

31(B) A cooking facility with appliances that do not require
32electrical service greater than 120 volts, or natural or propane gas.

33(C) A food preparation counter and storage cabinets that are of
34reasonable size in relation to the size of the junior accessory
35dwelling unit.

36(b) (1) An ordinance shall not:

37(A) Require additional parking as a conditionbegin delete ofend deletebegin insert toend insert granting a
38permit.

39(B) Authorize the imposition of a water connection fee as a
40condition to granting a permit.

P7    1(C) Authorize the imposition of a sewer connection fee as a
2condition to granting a permit.

3(2) This subdivision shall not be interpreted to prohibit the
4requirement of an inspection, including the imposition of a fee for
5that inspection, to determine whether the junior accessory dwelling
6unit is in compliance with applicable building standards.

7(c) For the purposes of any fire or life protection ordinance or
8regulation, a junior accessory dwelling unit shall not be considered
9a separate or new dwelling unit. This section shall not be construed
10to prohibit a city, county, city and county, or other local public
11entity from adopting an ordinance or regulation relating to fire and
12life protection requirements within a single-family residence that
13contains a junior accessory dwelling unit so long as the ordinance
14or regulation applies uniformly to all single-family residences
15within the zone regardless of whether the single-family residence
16includes a junior accessory dwelling unit or not.

begin insert

17
(d) For the purposes of providing service for water, sewer, or
18power, including a connection fee, a junior accessory dwelling
19unit shall not be considered a separate or new dwelling unit.

end insert
begin delete

17 20(d)

end delete

21begin insert(e)end insert For purposes of this section, the following terms have the
22following meanings:

23(1) “Junior accessory dwelling unit” means a unit that is no
24more than 500 square feet in size and contained entirely within an
25existing single-family structure. A junior accessory dwelling unit
26may include separate sanitation facilities, or may share sanitation
27facilities with the existing structure.

28(2) “Local agency” means a city, county, or city and county,
29whether general law or chartered.



O

    96