BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 2406


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          Date of Hearing:  May 4, 2016


                       ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT


                           Susan Talamantes Eggman, Chair


          AB 2406  
          (Thurmond) - As Amended April 28, 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)Allows a local agency to create an ordinance for junior  
            accessory dwelling units in single-family residential zones.


          2)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)   Limit 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)   Require 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  








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               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)   Require 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.


             d)   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. 


             e)   Require 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. 
             f)   Require 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  








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                 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; and,


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


          1)Prohibits an ordinance from:


             a)   Requiring additional parking, as a condition of granting  
               a permit;


             b)   Authorizing the imposition of a water connection fee, as  
               a condition of granting a permit; and,


             c)   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. 









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          3)Allows a city, county, city and county or other local public  
            entity to 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 ordinance 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.


          4)Defines the following terms:


             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. 


             a)   "Local agency" to mean a general law or charter city,  
               county, or city and county. 


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


          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.










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          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  
            the following:


             a)   Designate areas where second units may be permitted  
               based on criteria that may 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:  


          1)Bill Summary.  This bill allows cities (including charter  
            cities) and counties to adopt an ordinance for junior  
            accessory dwelling units, and specifies, should a city or  
            county adopt such an ordinance, what must be included in the  
            ordinance.  The bill 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, which  








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            may include separate sanitation facilities or may share  
            sanitation facilities with the existing structure.  The bill  
            also specifies that a junior accessory dwelling unit does not  
            fall under state law that governs second units.


            This bill is sponsored by Lilypad Homes.


          2)Author's Statement.  According to the author, "AB 2406 will  
            create more affordable housing in owner-occupied homes by not  
            only creating new rental housing from spare bedrooms, but also  
            mitigating the cost of homeownership through the income  
            generated from these units.  By providing a streamlined and  
            inexpensive permitting process for junior accessory dwelling  
            units (JADUs), Californians who wish to downsize can redevelop  
            their homes, creating two right-sized housing units from a  
            single-family home."


          3)Background and Related Legislation.  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.
            AB 2299 (Bloom), pending in the Assembly Appropriations  
            Committee, requires, instead 


            of allows, a local agency to, by ordinance, provide for the  








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            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. 
          4)Arguments in Support.  Supporters argue that junior accessory  
            dwelling units offer the opportunity to quickly create  
            low-cost, low-impact, and a plentiful source of more  
            affordable rental housing, and offer a market-based  
            sustainable option for Californians to address the housing  
            shortage.


          5)Arguments in Opposition.  None on file.


          6)Double-Referral.  This bill was heard by the Housing and  
            Community Development Committee on April 27, 2016, where it  
            passed with a 7-0 vote.


          REGISTERED SUPPORT / OPPOSITION:




          Support


          Lilypad Homes [SPONSOR]


          AARP


          Association of Bay Area Governments


          California Apartment Association










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          California Building Industry Association


          California Fire Chiefs Association


          California State Association of Counties


          City of San Rafael


          Fire Districts Association of California


          Local Government Commission


          North Bay Leadership Council


          Sonoma County


          US Green Building Council




          Opposition


          None on file




          Analysis Prepared by:Debbie Michel / L. GOV. / (916) 319-3958









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