BILL ANALYSIS Ó
AB 2406
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB
2406 (Thurmond)
As Amended August 19, 2016
2/3 vote. Urgency
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|ASSEMBLY: |76-0 |(May 12, 2016) |SENATE: |39-0 |(August 23, |
| | | | | |2016) |
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Original Committee Reference: H. & C.D.
SUMMARY: Allows a local agency to create an ordinance for
junior accessory dwelling units in single-family residential
zones
1)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. A junior accessory dwelling
unit may include separate sanitation facilities or may share
sanitation facilities with the existing structure.
2)Defines a "local agency" to mean a general law or charter
city, county, or city and county.
3)Allows a local agency to create an ordinance for junior
accessory dwelling units in single-family residential zones.
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4)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) Limits 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) Requires 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 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) Requires 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) Requires a permitted junior accessory dwelling unit to
be constructed within the existing walls of the structure
and require the inclusion of an existing bedroom.
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e) Requires 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) Requires 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
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;
iii) A food preparation counter and storage cabinets that
are reasonable size in relation to the size of the junior
accessory dwelling unit.
g) Prohibits an ordinance from requiring additional parking
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)A city, county, city and county or other local public entity
may 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
ordnance 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.
The Senate amendments:
1)Add an urgency clause in order to allow local jurisdictions
the ability to promulgate ordinances that create secure income
for homeowners and secure housing for renters.
2)Delete the provision that exempts junior accessory dwelling
units from state law governing second units.
3)Provide that junior accessory dwelling units shall not be
assessed a separate connection fee for water, sewer, or power
service.
4)Delete the prohibition on a local ordinance governing junior
accessory dwelling units from requiring a separate sewer or
water connection fee as a condition of issuing a permit.
5)Provides that a local agency may adopt an ordinance or
regulation relating to parking or a service or a connection
fee for water, sewer, or power that applies to a single-family
residence containing a junior accessory dwelling unit as long
as the regulation applies uniformly to all single-family
residences regardless of whether or not it includes a junior
accessory dwelling unit.
6)Make technical amendments.
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FISCAL EFFECT: None
COMMENTS: 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. 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.
This bill would make clear that junior accessory units are not
second units and are not be subject to the same restrictions and
would allow local governments to adopt ordinances for junior
accessory dwelling units. Junior accessory dwelling units 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 junior accessory dwelling
unit. These units have cooking facilities including a sink and
stove but are not required to have a bathroom. Nothing prevents
a local government from adopting an ordinance for junior
accessory units now and this bill would allow but not require a
local government to adopt an ordinance for junior accessory
units. If the ordinance requires a permit then the bill sets
out requirements including that a local government could not
require any additional parking, or charge a fee for a water
connection, or a sewer connection as a condition of granting a
permit for a junior accessory dwelling unit.
According to the sponsor, "after developing the concept for
these flexible, independent living spaces and establishing them
in local permitting code, it became obvious that we needed to
accelerate the adoption of this timely solution for housing.
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Junior accessory dwelling units offer the opportunity to quickly
create a low-cost, low-impact, and plentiful source of more
affordable rental housing, while helping to defray some of the
cost of homeownership. This makes both renting and owning a
home in California attainable, while helping to stabilize the
housing market junior accessory dwelling units increase the
efficiency of homes, land use, infrastructure, water and energy.
They also increase commerce in the community and reduce
greenhouse gas emissions from commuter traffic. Junior
accessory dwelling units qualify for the Regional Housing Needs
Allocation (RHNA), which allows local jurisdictions more
flexibility providing housing in the most affordable categories.
Finally, as the cost of living escalates and the population
ages, people of all ages find it increasingly difficult to find
housing. In fact 84% of the people living in the state could
not afford their living situation if they were coming in to the
housing market today. Junior accessory dwelling units offer a
market-based sustainable option for Californians to address the
housing shortage and help stabilize the rising cost of living in
the state that they love."
Purpose of this bill: According to the author, "AB 2406 puts
Junior Accessory Dwelling Units (JADUs) in law and creates a
streamlined, inexpensive permitting process and regulatory
environment to facilitate development. JADUs are specifically
created from repurposing spare bedrooms in homes creating a
small, simple and flexible type of in-law apartment. This will
allow for redevelopment of existing homes moving us back toward
a multi-generational housing model that was common in California
prior to WWII. 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,
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without the need for government subsidies."
Related legislation:
AB 2299 (Bloom) of the current legislative session requires,
instead of allows, a local agency to, by ordinance, provide for
the 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.
Analysis Prepared by:
Lisa Engel / H. & C.D. / (961) 319-2085 FN:
0004843