Amended in Senate August 9, 2016

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

(Coauthor: Assembly Member Levine)

February 19, 2016


An act to amend Section 65852.2 of, and to add Section 65852.22 to, the Government Code, relating tobegin delete housing.end deletebegin insert housing, and declaring the urgency thereof, to take effect immediately.end insert

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 abegin delete permit, water and sewer connection fees orend deletebegin insert permit for a junior accessory dwelling unit,end insert additional parking requirements.

begin insert

This bill would declare that it is to take effect immediately as an urgency statute.

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Vote: begin deletemajority end deletebegin insert23end insert. 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,
P3    1including the costs of adopting or amending any ordinance that
2provides for the creation of second units.

3(b) (1) When a local agency which has not adopted an ordinance
4governing second units in accordance with subdivision (a) or (c)
5receives its first application on or after July 1, 1983, for a permit
6pursuant to this subdivision, the local agency shall accept the
7application and approve or disapprove the application ministerially
8without discretionary review pursuant to this subdivision unless
9it adopts an ordinance in accordance with subdivision (a) or (c)
10within 120 days after receiving the application. Notwithstanding
11Section 65901 or 65906, every local agency shall grant a variance
12or special use permit for the creation of a second unit if the second
13unit complies with all of the following:

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

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

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

17(D) The second unit is either attached to the existing dwelling
18and located within the living area of the existing dwelling or
19detached from the existing dwelling and located on the same lot
20as the existing dwelling.

21(E) The increased floor area of an attached second unit shall
22not exceed 30 percent of the existing living area.

23(F) The total area of floorspace for a detached second unit shall
24not exceed 1,200 square feet.

25(G) Requirements relating to height, setback, lot coverage,
26architectural review, site plan review, fees, charges, and other
27zoning requirements generally applicable to residential construction
28in the zone in which the property is located.

29(H) Local building code requirements which apply to detached
30dwellings, as appropriate.

31(I) Approval by the local health officer where a private sewage
32disposal system is being used, if required.

33(2) No other local ordinance, policy, or regulation shall be the
34basis for the denial of a building permit or a use permit under this
35subdivision.

36(3) This subdivision establishes the maximum standards that
37local agencies shall use to evaluate proposed second units on lots
38zoned for residential use which contain an existing single-family
39dwelling. No additional standards, other than those provided in
40this subdivision or subdivision (a), shall be utilized or imposed,
P4    1except that a local agency may require an applicant for a permit
2issued pursuant to this subdivision to be an owner-occupant.

3(4) No changes in zoning ordinances or other ordinances or any
4changes in the general plan shall be required to implement this
5subdivision. Any local agency may amend its zoning ordinance
6or general plan to incorporate the policies, procedures, or other
7provisions applicable to the creation of second units if these
8provisions are consistent with the limitations of this subdivision.

9(5) A second unit which conforms to the requirements of this
10subdivision shall not be considered to exceed the allowable density
11for the lot upon which it is located, and shall be deemed to be a
12residential use which is consistent with the existing general plan
13and zoning designations for the lot. The second units shall not be
14considered in the application of any local ordinance, policy, or
15program to limit residential growth.

16(c) No local agency shall adopt an ordinance which totally
17precludes second units within single-family or multifamily zoned
18areas unless the ordinance contains findings acknowledging that
19the ordinance may limit housing opportunities of the region and
20further contains findings that specific adverse impacts on the public
21health, safety, and welfare that would result from allowing second
22units within single-family and multifamily zoned areas justify
23adopting the ordinance.

24(d) A local agency may establish minimum and maximum unit
25size requirements for both attached and detached second units. No
26minimum or maximum size for a second unit, or size based upon
27a percentage of the existing dwelling, shall be established by
28ordinance for either attached or detached dwellings which does
29not permit at least an efficiency unit to be constructed in
30compliance with local development standards.

31(e) Parking requirements for second units shall not exceed one
32parking space per unit or per bedroom. Additional parking may
33be required provided that a finding is made that the additional
34parking requirements are directly related to the use of the second
35unit and are consistent with existing neighborhood standards
36applicable to existing dwellings. Off-street parking shall be
37permitted in setback areas in locations determined by the local
38agency or through tandem parking, unless specific findings are
39made that parking in setback areas or tandem parking is not feasible
40based upon specific site or regional topographical or fire and life
P5    1safety conditions, or that it is not permitted anywhere else in the
2jurisdiction.

3(f) Fees charged for the construction of second units shall be
4determined in accordance with Chapter 5 (commencing with
5Section 66000).

6(g) This section does not limit the authority of local agencies
7to adopt less restrictive requirements for the creation of second
8units.

9(h) Local agencies shall submit a copy of the ordinances adopted
10pursuant to subdivision (a) or (c) to the Department of Housing
11and Community Development within 60 days after adoption.

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

13(1) “Living area” means the interior habitable area of a dwelling
14unit including basements and attics but does not include a garage
15or any accessory structure.

16(2) “Local agency” means a city, county, or city and county,
17whether general law or chartered.

18(3) For purposes of this section, “neighborhood” has the same
19meaning as set forth in Section 65589.5.

20(4) “Second unit” means an attached or a detached residential
21dwelling unit which provides complete independent living facilities
22for one or more persons. It shall include permanent provisions for
23living, sleeping, eating, cooking, and sanitation on the same parcel
24as the single-family dwelling is situated. A second unit also
25includes the following:

26(A) An efficiency unit, as defined in Section 17958.1 of Health
27and Safety Code.

28(B) A manufactured home, as defined in Section 18007 of the
29Health and Safety Code.

30(j) Nothing in this section shall be construed to supersede or in
31any way alter or lessen the effect or application of the California
32Coastal Act (Division 20 (commencing with Section 30000) of
33the Public Resources Code), except that the local government shall
34not be required to hold public hearings for coastal development
35permit applications for second units.

36(k) This section shall not apply to the regulation of junior
37accessory dwelling units, as set forth in Section 65852.22.

38

SEC. 2.  

Section 65852.22 is added to the Government Code, 39immediately following Section 65852.2, to read:

P6    1

65852.22.  

(a) A local agency may, by ordinance, provide for
2the creation of junior accessory dwelling units in single-family
3residential zones. The ordinance may require a permit to be
4obtained for the creation of a junior accessory dwelling unit, and
5shall do all of the following:

6(1) Limit the number of junior accessory dwelling units to one
7per residential lot zoned for single-family residences with a
8single-family residence already built on the lot.

9(2) Require owner-occupancy in the single-family residence in
10which the junior accessory dwelling unit will be permitted. The
11owner may reside in either the remaining portion of the structure
12or the newly created junior accessory dwelling unit.
13Owner-occupancy shall not be required if the owner is another
14governmental agency, land trust, or housing organization.

15(3) Require the recordation of a deed restriction, which shall
16run with the land, shall be filed with the permitting agency, and
17shall include both of the following:

18(A) A prohibition on the sale of the junior accessory dwelling
19unit separate from the sale of the single-family residence, including
20a statement that the deed restriction may be enforced against future
21purchasers.

22(B) A restriction on the size and attributes of the junior accessory
23dwelling unit that conforms with this section.

24(4) Require a permitted junior accessory dwelling unit to be
25constructed within the existing walls of the structure, and require
26the inclusion of an existing bedroom.

27(5) Require a permitted junior accessory dwelling to include a
28separate entrance from the main entrance to the structure, with an
29interior entry to the main living area. A permitted junior accessory
30dwelling may include a second interior doorway for sound
31attenuation.

32(6) The permitted junior accessory dwelling unit shall include
33an efficiency kitchen, which shall include all of the following:

34(A) A sink with a maximum waste line diameter of 1.5 inches.

35(B) A cooking facility with appliances that do not require
36electrical service greater than 120 volts, or natural or propane gas.

37(C) A food preparation counter and storage cabinets that are of
38reasonable size in relation to the size of the junior accessory
39dwelling unit.

40(b) (1) An ordinance shallbegin delete not:end delete

P7    1begin delete(A)end deletebegin deleteend deletebegin deleteRequireend deletebegin insert not requireend insert additional parking as a condition to
2begin delete grantingend deletebegin insert grantend insert a permit.

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3(B) Authorize the imposition of a water connection fee as a
4condition to granting a permit.

end delete
begin delete

5(C) Authorize the imposition of a sewer connection fee as a
6condition to granting a permit.

end delete

7(2) This subdivision shall not be interpreted to prohibit the
8requirement of an inspection, including the imposition of a fee for
9that inspection, to determine whether the junior accessory dwelling
10unit is in compliance with applicable building standards.

11(c) For the purposes of any fire or life protection ordinance or
12regulation, a junior accessory dwelling unit shall not be considered
13a separate or new dwelling unit. This section shall not be construed
14to prohibit a city, county, city and county, or other local public
15entity from adopting an ordinance or regulation relating to fire and
16life protection requirements within a single-family residence that
17contains a junior accessory dwelling unit so long as the ordinance
18or regulation applies uniformly to all single-family residences
19within the zone regardless of whether the single-family residence
20includes a junior accessory dwelling unit or not.

21(d) For the purposes of providing service for water, sewer, or
22power, including a connection fee, a junior accessory dwelling
23unit shall not be considered a separate or new dwelling unit.

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24
(e) This section shall not be construed to prohibit a local agency
25from adopting an ordinance or regulation, related to parking or
26a service or a connection fee for water, sewer, or power, that
27applies to a single-family residence that contains a junior
28accessory dwelling unit, so long as that ordinance or regulation
29applies uniformly to all single-family residences regardless of
30whether the single-family residence includes a junior accessory
31dwelling unit.

end insert
begin delete

32(e)

end delete

33begin insert(f)end insert For purposes of this section, the following terms have the
34following meanings:

35(1) “Junior accessory dwelling unit” means a unit that is no
36more than 500 square feet in size and contained entirely within an
37existing single-family structure. A junior accessory dwelling unit
38may include separate sanitation facilities, or may share sanitation
39facilities with the existing structure.

P8    1(2) “Local agency” means a city, county, or city and county,
2whether general law or chartered.

3begin insert

begin insertSEC. 3.end insert  

end insert
begin insert

This act is an urgency statute necessary for the
4immediate preservation of the public peace, health, or safety within
5the meaning of Article IV of the Constitution and shall go into
6immediate effect. The facts constituting the necessity are:

end insert
begin insert

7
In order to allow local jurisdictions the ability to promulgate
8ordinances that create secure income for homeowners and secure
9housing for renters, at the earliest possible time, it is necessary
10for this act to take effect immediately.

end insert


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