BILL ANALYSIS Ó
AB 2406
Page 1
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
AB 2406
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None on File
Analysis Prepared by: Lisa Engel / H. & C.D. / (916) 319-2085