BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 2406


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          Date of Hearing:  April 27, 2016


               ASSEMBLY COMMITTEE ON HOUSING AND COMMUNITY DEVELOPMENT


                                  David Chiu, Chair


          AB 2406  
          (Thurmond) - As Amended April 18, 2016


          SUBJECT:  Housing:  junior accessory dwelling units


          SUMMARY:  Allows a local agency to create an ordinance for  
          junior accessory dwelling units in single-family residential  
          zones.  Specifically, this bill:  


          1)Defines a "junior accessory dwelling unit" to mean a unit that  
            is no more than 500 square feet in size and contained entirely  
            within a single-family structure. A junior accessory dwelling  
            unit may include separate sanitation facilities or may share  
            sanitation facilities with the existing structure. 


          2)Defines a "local agency" to mean a general law or charter  
            city, county, or city and county. 


          3)Provides that state law governing second units does not apply  
            to junior accessory dwelling units. 


          4)Allows a local agency to create an ordinance for junior  
            accessory dwelling units in single-family residential zones.









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          5)Provides that 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: 


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


             b)   Requires the single-family residence in which the junior  
               accessory dwelling unit is located to be occupied by the  
               owner. The owner may reside in either the remaining portion  
               of the structure or the newly created junior accessory  
               dwelling unit. Owner occupancy is not required for a  
               governmental agency, land trust, or housing organization.


             c)   Requires a deed to be recorded with the permitting  
               agency that must include both of the following:


                  i.        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 can be enforced against future  
                    purchasers; and 


                  ii.       A restriction on the size and attributes of  
                    the junior accessory dwelling unit.


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









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             b)   Requires a permitted junior accessory dwelling unit to  
               include a separate entrance from the main entrance to the  
               structure with an interior entry in to the main living  
               room. A permitted junior accessory dwelling may include a  
               second interior doorway for sound attenuation. 


             c)   Requires a permitted junior accessory dwelling unit to  
               include an efficiency kitchen which must include all of the  
               following:                      


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


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


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


             a)   Prohibits an ordinance from:


                  i.        Requiring additional parking as a condition of  
                    granting a permit;


                  ii.       Authorizing the imposition of a water  
                    connection fee as a condition of granting a permit;










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                  iii.      Authorizing the imposition of a sewer  
                    connection fee as a condition of granting a permit. 


          1)Provides that a local agency can require an inspection and  
            impose a fee for the inspection to determine if the junior  
            accessory dwelling unit is in compliance with the applicable  
            building standards.


          2)Provides that for purposes of any fire or life protection  
            ordinance or regulation, a junior accessory dwelling unit is  
            not considered a separate or new dwelling unit. 


          3)A city, county, city and county or other local public entity  
            may adopt an ordinance or regulation relating to fire and life  
            protection requirements within a single-family residence that  
            contains a junior accessory dwelling unit as long as the  
            ordnance or regulation applies uniformly to all single-family  
            residences within the zone regardless of whether or not the  
            residence includes a junior accessory dwelling unit or not.


          EXISTING LAW:  


          1)After July 1, 2003, applications for a second unit shall be  
            considered by local governments ministerially, without  
            discretionary review or hearing, regardless of any local  
            ordinance regulating the issuance of special use permits.


          2)Provides that a local government may by ordinance provide for  
            the creation of second units in single-family and multi-family  
            zones. 


          3)Provides that a local ordinance for second units may do all of  








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            the following:


             a)   Designate areas where second units may be permitted  
               based on criteria that may include consider the adequacy of  
               water and sewer services and the impact on traffic flow;


             b)   Impose parking standards, height, setback, lot coverage,  
               architectural review, maximum size of a unit and standards  
               that prevent adverse impacts on any property listed in  
               California Register of Historic Places; and,


             c)   Provide that second units do not exceed the allowable  
               density for the lot on which it is located and that second  
               units are a residential use that is consistent with the  
               existing general plan and zoning designation on a lot. 


          FISCAL EFFECT:  None. 


          COMMENTS: 


           Background:


           Local governments are authorized to adopt ordinances for the  
          creation of second units in single- family and multifamily  
          zones; however they are not required to do so.  State law allows  
          local governments to limit the areas that second units may be  
          permitted based on availability of adequate water and sewer  
          services as well as the impact on traffic flow.  They can also  
          impose parking standards. In 2003, AB 1866 (Wright) Chapter  
          1062, Statutes of 2002, required that local governments approve  
          a second unit ministerially without discretionary review or  
          hearing or require a special use permit.  








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          This bill would make clear that junior accessory units are not  
          second units and are not be subject to the same restrictions and  
          would allow local governments to adopt ordinances for junior  
          accessory dwelling units. Junior accessory dwelling units are no  
          more than 500 square feet and are bedrooms in a single-family  
          home that have an entrance into the unit from the main home and  
          an entrance to the outside from the junior accessory dwelling  
          unit.  These units have cooking facilities including a sink and  
          stove but are not required to have a bathroom.  Nothing prevents  
          a local government from adopting an ordinance for junior  
          accessory units now and AB 2406 would allow but not require a  
          local government to adopt an ordinance for junior accessory  
          units. If the ordinance requires a permit than the bill sets out  
          requirements including that a local government could not require  
          any additional parking, or charge a fee for a water connection,  
          or a sewer connection as a condition of granting a permit for a  
          junior accessory dwelling unit.     


          According to the sponsor, "after developing the concept for  
          these flexible, independent  living  spaces  and  establishing   
          them  in  local permitting code, it became obvious that  we   
          needed  to  accelerate  the  adoption  of  this  timely   
          solution  for housing. Junior accessory dwelling units offer the  
          opportunity to quickly create a low-cost, low-impact, and  
          plentiful source of more affordable rental housing, while  
          helping to defray some of the cost of homeownership. This makes  
          both renting and owning a home in California attainable, while  
          helping to stabilize the housing market junior accessory  
          dwelling units increase the efficiency of homes, land use,  
          infrastructure, water and energy. They also increase commerce in  
          the community and reduce greenhouse gas emissions from commuter  
          traffic. Junior accessory dwelling units qualify for the  
          Regional Housing Needs Allocation (RNHA), which allows local  
          jurisdictions more flexibility providing housing in the most  
          affordable categories. Finally, as the cost of living escalates  
          and the population ages, people of an ages find it increasingly  








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          difficult to find housing. In fact 84% of the people living in  
          the state could not afford their living situation if they were  
          coming in to the housing market today. Junior accessory dwelling  
          units offer a market-based sustainable option for Californians   
          to  address  the  housing   shortage  and  help  stabilize  the   
          rising  cost  of living  in  the  state that  they  love." 





           Purpose of this bill:   According to the author, " AB 2406 puts  
          Junior Accessory Dwelling Units (JADUs) in law and creates a  
          streamlined, inexpensive permitting process and regulatory  
          environment to facilitate development.  JADUs are specifically  
          created from repurposing spare bedrooms in homes creating a  
          small, simple and flexible type of in-law apartment.  This will  
          allow for redevelopment of existing homes moving us back toward  
          a multi-generational housing model that was common in California  
          prior to WWII.  The bill prohibits requiring additional parking,  
          and applying water, sewer and power connection fees.  No  
          connections are needed as these utilities have already been  
          accounted for in the original permit for the home.  It also  
          eliminates requirements for fire separation and fire sprinklers,  
          as the in-law apartment stays connected to the main living area  
          through an adjoining door, building in the flexibility to have a  
          second unit, while still allowing for single-family use.  By  
          passing AB 2406 we will remove barriers to development of JADUs  
          that offer an abundant and viable source of low-cost, low-impact  
          and high-benefit rental housing particularly in urban, costal  
          zones, while making owning a home in the state more affordable,  
          without the need for government subsidies."





           Related legislation:  









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           AB 2299 (Bloom) Requires, instead of allows, a local agency to,  
          by ordinance, provide for the creation of second units in  
          single-family and multifamily residential zones, and makes a  
          number of other changes specifying what is required to be in the  
          ordinance.  This bill is in the Assembly Committee on  
          Appropriations pending hearing. 


           Technical amendment:


           On page 7, line 18 delete "resident" and replace with  
          "residence" 


           Double referred:  If AB 2406 passes this committee, the bill will  
          be referred to the Committee on Local Government.


          REGISTERED SUPPORT / OPPOSITION:




          Support


          Lilypad Homes (Sponsor)


          AARP California


          Association of Bay Area Governments


          California Apartment Association









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          California Building Industry Association


          California Fire Chiefs Association


          City of San Rafael


          Fire Districts Association of California


          Local Government Commission


          Marin Builders Association


          Marin County Board of Supervisors


          Napa County Board of Supervisors


          North Bay Leadership Council


          Sonoma County Board of Supervisors


          US Green Building Council 




          Opposition










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          None on File




          Analysis Prepared by: Lisa Engel / H. & C.D. / (916) 319-2085