BILL NUMBER: AB 2406 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 9, 2016
AMENDED IN SENATE JUNE 8, 2016
AMENDED IN ASSEMBLY APRIL 28, 2016
AMENDED IN ASSEMBLY APRIL 18, 2016
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 to housing.
housing, and declaring the urgency thereof, to take effect
immediately.
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 permit for
a junior accessory dwelling unit, additional parking
requirements.
This bill would declare that it is to take effect immediately as
an urgency statute.
Vote: majority 2/3 . 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.
(k) This section shall not apply to the regulation of junior
accessory dwelling units, as set forth in Section 65852.22.
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 restriction 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 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
not require additional parking as a condition to
granting grant 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.
(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 the purposes of any fire or life protection ordinance or
regulation, a junior accessory dwelling unit shall not be considered
a separate or new dwelling unit. This section shall not be construed
to prohibit a city, county, city and county, or other local public
entity from adopting an ordinance or regulation relating to fire and
life protection requirements within a single-family residence that
contains a junior accessory dwelling unit so long as the ordinance or
regulation applies uniformly to all single-family residences within
the zone regardless of whether the single-family residence includes a
junior accessory dwelling unit or not.
(d) For the purposes of providing service for water, sewer, or
power, including a connection fee, a junior accessory dwelling unit
shall not be considered a separate or new dwelling unit.
(e) This section shall not be construed to prohibit a local agency
from adopting an ordinance or regulation, related to parking or a
service or a connection fee for water, sewer, or power, that applies
to a single-family residence that contains a junior accessory
dwelling unit, so long as that ordinance or regulation applies
uniformly to all single-family residences regardless of whether the
single-family residence includes a junior accessory dwelling unit.
(e)
(f) For purposes of this section, the following terms
have the following meanings:
(1) "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.
(2) "Local agency" means a city, county, or city and county,
whether general law or chartered.
SEC. 3. This act is an urgency statute necessary
for the immediate preservation of the public peace, health, or safety
within the meaning of Article IV of the Constitution and shall go
into immediate effect. The facts constituting the necessity are:
In order to allow local jurisdictions the ability to promulgate
ordinances that create secure income for homeowners and secure
housing for renters, at the earliest possible time, it is necessary
for this act to take effect immediately.