BILL ANALYSIS Ó
SENATE COMMITTEE ON TRANSPORTATION AND HOUSING
Senator Jim Beall, Chair
2015 - 2016 Regular
Bill No: AB 2406 Hearing Date: 6/14/2016
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|Author: |Thurmond |
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|Version: |6/8/2016 |
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|Urgency: |No |Fiscal: |No |
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|Consultant|Alison Dinmore |
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SUBJECT: Housing: junior accessory dwelling units
DIGEST: This bill allows a local agency to create an ordinance
for junior accessory dwelling units in single-family residential
zones.
ANALYSIS:
Existing law:
1)Permits a local agency, by ordinance, to provide for the
creation of second units in single-family and multifamily
residential zones. The ordinance may do the following:
a) Designate areas where second units may be permitted
b) Impose standards on second units, including but not
limited to parking, height, setback, lot coverage,
architectural review, and maximum size of the unit
c) Provide that second units do not exceed the allowable
density for the lot upon which the second unit is located,
and that the second unit is consistent with the existing
general plan and zoning designation for the lot
1)Requires, if a local agency adopts a second-unit ordinance,
that applications be considered ministerially without
discretionary review or a hearing.
2)Requires a local agency that has not adopted a second-unit
ordinance to accept and approve or disapprove the application
AB 2406 (Thurmond) Page 2 of ?
ministerially, without discretionary review or hearing, within
120 days after receiving the application.
3)Requires every local agency to grant a variance or special
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 and located on the same lot as the existing
dwelling.
e)The increased floor area of an attached second unit shall not
exceed 30% of the existing living area.
f)The total area floor space shall not exceed 1,200 square feet.
g)Requirements applicable to residential construction in the
zone in which the property is located.
h)Local building code requirements that apply to detached
dwellings.
i)The unit is approved by the local health officer where a
private sewage disposal system is being used.
This bill:
1) Defines "junior accessory dwelling unit" (JADU) as a unit
that is no more than 500 square feet in size contained
entirely within an existing single-family structure. A JADU
may include separate sanitation facilities, or may share
sanitation facilities with the existing structure.
2) Defines "local agency" as a city, county, or city and
county, whether general law or chartered.
3) Permits local agencies, by ordinance, to provide for the
creation of JADUs in single-family residential zones. The
ordinance may require a permit to be obtained for the creation
of a JADU and shall do the following:
a) Limit the number of JADUs to one per residential lot
zoned for single-family residences with a single-family
residence already built on the lot.
b) Require owner-occupancy in the single-family residence in
AB 2406 (Thurmond) Page 3 of ?
which the JADU will be permitted. The owner may reside in
either the newly created JADU or the remaining portion of
the structure. Owner-occupancy shall not be required if
the owner is a governmental agency, land trust, or housing
organization.
c) Require a deed restriction, which shall run with the
land, and shall include both of the following:
i. A prohibition on the sale of the JADU separately from
the sale of the single family residence
ii. A restriction on the size and attributes of the JADU
that conform with this section
d) Require a permitted JADU to be constructed within the
existing walls of the structure and require the inclusion
of an existing bedroom.
e) Require a permitted JADU to include a separate entrance
from the main entrance to the structure, with an interior
entry to the main living area. A permitted JADU may
include a second interior doorway for sound attenuation.
f) A JADU shall contain an efficiency kitchen and all of the
following:
i. A sink with 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 of reasonable size in relation to the size of the
JADU
4) Prohibits a JADU 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
c) Authorizing the imposition of a sewer connection fee as a
condition of granting a permit
5) States the prohibitions enumerated under (4) above shall not
be interpreted to prohibit the requirement of an inspection,
including the imposition of a fee for that inspection, to
determine whether the JADU is in compliance with applicable
building standards.
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6) Prohibits the local agency, for purposes of providing water,
sewer, or power, including a connection fee, from considering
a JADU as a separate or new dwelling unit.
7) Prohibits the local agency, for the purposes of any fire or
life protection ordinance or regulation, from considering a
JADU as a separate or new dwelling unit. A city, county, city
and county, or other local public agency shall not be
prohibited from adopting an ordinance or regulation relating
to fire and life protection requirements within a
single-family residence that contains a JADU, 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 JADU or not.
8) Provides that existing law regulating second units shall not
apply to JADUs.
COMMENTS:
1) Purpose of the bill. According to the author, current law
does not differentiate between different types of accessory
dwelling units. This bill defines JADUs in law and creates a
streamlined, inexpensive permitting process and regulatory
environment to facilitate development. JADUs are specifically
created by repurposing spare bedrooms in homes creating a
small, simple and flexible type of in-law apartment. 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.
2) Second units/accessory dwelling units (ADUs). ADUs, also
known as accessory apartments, accessory dwellings,
mother-in-law units, or granny flats, are additional living
AB 2406 (Thurmond) Page 5 of ?
spaces on single-family lots that have a separate kitchen,
bathroom, and exterior access independent of the primary
residence. These spaces can either be attached to or detached
from the primary residence. 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.
3) JADUs vs. ADUs. This bill makes clear that JADUs are not
second units or ADUs and are not subject to the same
restrictions. This bill would allow local governments to
adopt ordinances for JADUs, which 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 JADU. The JADU must have cooking
facilities, including a sink and stove, but are not required
to have a bathroom. Current law does not prohibit local
governments from adopting an ordinance for a JADU and this
bill would allow, not require, a local agency to do so. If
the ordinance requires a permit, the local agency shall not
require additional parking or charge a fee for a water or
sewer connection as a condition of granting a permit for a
JADU.
Assembly Votes:
Floor: 76-4
L.Gov.: 6-0
H&CD: 7-0
Related Legislation:
AB 2299 (Bloom) - requires rather than permits a local
government to adopt an ordinance for the creation of second
units in single-family and multifamily residential zones. This
bill is pending in the Senate Transportation and Housing
Committee.
SB 1069 (Wieckowski) -requires an ordinance for the creation of
accessory dwelling units (ADUs) to include specified provisions
regarding areas where ADUs may be located, standards, and lot
density. This bill is pending in the Assembly Housing and
AB 2406 (Thurmond) Page 6 of ?
Community Development Committee.
FISCAL EFFECT: Appropriation: No Fiscal Com.: No Local:
No
POSITIONS: (Communicated to the committee before noon on
Wednesday,
June 8, 2016.)
SUPPORT:
Lilypad Homes (sponsor)
AARP California
American Planning Association, California Chapter
Apartment Association, California Southern Cities
Apartment Association, Greater Los Angeles
Apartment Association of Orange County
Association of Bay Area Governments
California Apartment Association
California Association of Realtors
California Building Industry Association
California Fire Chiefs Association
City of San Rafael
City of Santa Monica
East Bay Rental Housing Association
Fire Districts Association of California
Local Government Commission
North Bay Leadership Council
North Valley Property Owners Association
Santa Barbara Rental Property Association
US Green Building Council
YWCA San Francisco and Marin
1 Individual
OPPOSITION:
None received
-- END --
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