BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 2406|
|Office of Senate Floor Analyses | |
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THIRD READING
Bill No: AB 2406
Author: Thurmond (D), et al.
Amended: 8/19/16 in Senate
Vote: 27 - Urgency
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.
Senate Floor Amendments of 8/19/16 require ministerial review
for junior accessory dwelling units, notwithstanding any local
ordinance regulating the issuance of variances or special use
permits. The permit shall be issued within 120 days of
submission of an application for a permit and the local agency
may charge a fee to reimburse the local agency for costs
incurred in connection with the issuance of a permit.
Senate Floor Amendments of 8/9/16 add an urgency clause and
provide that nothing in this bill would prohibit a local
jurisdiction from adopting an ordinance or regulation relating
to parking or service or a connection fee for water, sewer, or
power, that applies to a single-family residence that contains a
junior accessory dwelling unit, so long as that ordinance or
regulation applies uniformly to all single-family residences
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Page 2
regardless of whether the single-family residence includes a
junior accessory dwelling unit.
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
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
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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 which the JADU will be permitted. The owner may reside
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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
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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)Requires ministerial review for a JADU, notwithstanding any
local ordinance regulating the issuance of variances or
special use permits. The permit shall be issued within 120
days of submission of an application for a JADU permit and the
local agency may charge a fee to reimburse the local agency
for costs incurred in connection with the issuance of a JADU
permit.
7)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.
8)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.
9)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 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
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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, coastal 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
where 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 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 is not required to have a
bathroom. Current law does not prohibit local governments
from adopting an ordinance for a JADU, and this bill allows,
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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: (Verified8/19/16)
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
North Valley Property Owners Association
Santa Barbara Rental Property Association
Sonoma County Board of Supervisors
US Green Building Council
YWCA San Francisco and Marin
One individual
OPPOSITION: (Verified8/19/16)
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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
8/22/16 23:03:47
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