BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 2406|
|Office of Senate Floor Analyses | |
|(916) 651-1520 Fax: (916) | |
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THIRD READING
Bill No: AB 2406
Author: Thurmond (D), et al.
Amended: 6/8/16 in Senate
Vote: 21
SENATE TRANS. & HOUSING COMMITTEE: 11-0, 6/14/16
AYES: Beall, Cannella, Allen, Bates, Gaines, Galgiani, Leyva,
McGuire, Mendoza, Roth, Wieckowski
ASSEMBLY FLOOR: 76-0, 5/12/16 - See last page for vote
SUBJECT: Housing: junior accessory dwelling units
SOURCE: Lilypad Homes
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.
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Page 2
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
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.
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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 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
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Page 4
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.
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
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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. According to the author, current law does not
differentiate between different types of accessory dwelling
units (ADUs). 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. This
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.
According to the author, "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/ADUs. ADUs, also known as second units,
accessory apartments, accessory dwellings, mother-in-law
units, or granny flats, are additional living 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
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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 allows 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 allows,
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.
FISCAL EFFECT: Appropriation: No Fiscal
Com.:NoLocal: No
SUPPORT: (Verified6/16/16)
Lilypad Homes (source)
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
California State Association of Counties
City of San Rafael
City of Santa Monica
East Bay Rental Housing Association
Fire Districts Association of California
Local Government Commission
Napa County Board of Supervisors
North Bay Leadership Council
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North Valley Property Owners Association
Santa Barbara Rental Property Association
Sonoma County Board of Supervisors
US Green Building Council
YWCA San Francisco and Marin
1 Individual
OPPOSITION: (Verified6/16/16)
None received
ASSEMBLY FLOOR: 76-0, 5/12/16
AYES: Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker,
Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Calderon,
Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper,
Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines,
Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson,
Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger
Hernández, Holden, Irwin, Jones, Kim, Lackey, Levine, Linder,
Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina,
Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson,
Quirk, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth,
Mark Stone, Thurmond, Ting, Wagner, Weber, Wilk, Williams,
Wood, Rendon
NO VOTE RECORDED: Burke, Jones-Sawyer, Melendez, Waldron
Prepared by:Alison Dinmore / T. & H. / (916) 651-4121
6/17/16 15:03:35
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