BILL ANALYSIS Ó
AB 2406
Page 1
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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