BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON TRANSPORTATION AND HOUSING
                              Senator Jim Beall, Chair
                                2015 - 2016  Regular 

          Bill No:          SB 1069           Hearing Date:    4/19/2016
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          |Author:   |Wieckowski                                            |
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          |Version:  |4/13/2016    Amended                                  |
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          |Urgency:  |No                     |Fiscal:      |Yes             |
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          |Consultant|Alison Dinmore                                        |
          |:         |                                                      |
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          SUBJECT:  Land use: zoning


            DIGEST:  This bill 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 would revise requirements for the approval  
          or disapproval of an ADU application when a local agency has not  
          adopted an ordinance. 

          ANALYSIS:
          
          Existing law:
          
          1)Defines "second unit" as an attached or a detached residential  
            dwelling unit, which provides complete independent living  
            facilities for one or more persons.  It shall include  
            permanent provisions for living, sleeping, eating, cooking,  
            and sanitation on the same parcel as the single-family  
            dwelling is situated.  A second unit also includes the  
            following:

             a)   An efficiency unit; or
             b)   A manufactured home.

          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.







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             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.  Additionally, nothing may  
            be construed to require a local government to adopt or amend  
            an ordinance regulating the issuance of variances or special  
            use permits for second units.

          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. 

          1)Provides that no local agency may adopt an ordinance that  
            totally precludes second units unless the ordinance contains  
            findings and acknowledges that the ordinance may limit housing  
            opportunities of the region, and further contains findings  








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            that specific adverse impacts on the public health, safety,  
            and welfare would result.

          2)Provides that a local agency may establish maximum and minimum  
            unit size requirements for both attached and detached second  
            units. 

          3)Provides that parking requirements shall not exceed one  
            parking space per unit or per bedroom, but that additional  
            parking may be required with a finding that additional parking  
            requirements are directly related to the use of the second  
            unit and consistent with existing neighborhood standards.

          This bill:

          1)Replaces "second units" with "accessory dwelling units" (ADUs)  
            throughout the chapter.

          2)Requires a local agency, in its ADU ordinance, to do the  
            following:

             a)   Designate areas within the jurisdiction where ADUs may  
               be permitted, which may be based upon criteria including  
               but not limited to the adequacy of water and sewer services  
               and the impact of ADUs on traffic flow and public safety.

             b)   Impose standards on ADUs including but not limited to  
               parking, height, setback, lot coverage, architectural  
               review, and maximum size of the unit.  Notwithstanding  
               parking restrictions under this chapter, a local agency may  
               not impose parking standards in the following instances:

                  i.        The ADU is located within  mile of public  
                    transit or shopping.
                  ii.       The ADU is located within an architecturally  
                    and historically significant historic district.
                  iii.      The ADU is part of an existing primary  
                    residence.
                  iv.       When on-street parking permits are required,  
                    but not offered to the occupant of the accessory  
                    dwelling unit.
                  v.        When there is a car-share vehicle located  
                    within one block of the ADU.

              c)    Provide that second units do not exceed the allowable  








          SB 1069 (Wieckowski)                               Page 4 of ?
          
          
                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 a local agency with an ADU ordinance to consider  
            permits within 90 days of submittal of a complete building  
            permit application. 

          2)Provides that a local agency that has not adopted an ADU  
            ordinance, upon receipt of its first application shall accept  
            or disapprove the application ministerially without  
            discretionary review, unless it adopts an ordinance in  
            accordance with this chapter within 90 days after receiving  
            the application. 

          3)Requires a local agency that has not adopted an ADU ordinance  
            to approve the creation of an ADU if the ADU meets the  
            following requirements:

             a)   The unit is not intended for sale separate from the  
               primary residence 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 ADU 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 ADU shall not  
               exceed 50% of the existing living area.
             f)   The total area floor space of the ADU 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, which apply to  
               detached dwellings as appropriate.
             i)   Approved by the local health officer where a private  
               sewage disposal system is being used. 

          1)Removes the exemption for a local agency to adopt an ADU upon  
            findings that the ordinance may limit housing opportunities of  
            the region, and further contains findings that specific  
            adverse impacts on the public health, safety, and welfare  
            would result.

          2)Provides that a local agency may establish maximum and minimum  








          SB 1069 (Wieckowski)                               Page 5 of ?
          
          
            unit size requirements for both attached and detached ADUs.   
            No maximum or minimum size for an ADU, or size based upon a  
            percentage of the existing dwelling unit, shall be established  
            by ordinance for either attached or detached dwellings that  
            does not permit at least a 500-foot ADU or a 500-foot  
            efficiency unit to be constructed in compliance with local  
            development standards.  ADUs shall not be required to provide  
            fire sprinklers if they are not required for the primary  
            residence. 

          3)Removes the provision permitting additional parking upon a  
            finding that additional parking is required related to the use  
            of the ADU and consistent with existing neighborhood  
            standards.  Parking may be provided, however, as tandem  
            parking in an existing driveway.  Offstreet parking shall be  
            permitted in setback areas in locations determined by the  
            local agency or through tandem parking, unless specific  
            findings are made that parking in setback areas or tandem  
            parking is not feasible based upon fire and life safety  
            conditions.

          9)  Requires ministerial approval by a local agency for a  
            building permit to create an ADU if the ADU is contained  
            within an existing single-family home, has independent  
            exterior access from the existing residence, and the  side and  
            rear setbacks are sufficient for fire safety.  ADUs shall not  
            be required to provide fire sprinklers if they are not  
            required for the primary residence.  

          10)  Provides that ADUs shall not be considered new residential  
            uses for the purposes of calculating private or public utility  
            connection fees, including water and sewer service.  

          COMMENTS:

          1)Purpose.  According to the author, housing in California is  
            becoming increasingly unaffordable.  The average California  
            home currently costs about 2.5 times the national average home  
            price and the monthly rent is 50% higher than the rest of the  
            nation.  Rent in San Francisco, San Jose, Oakland, and Los  
            Angeles are among the top 10 most unaffordable in the nation.   
            With rising population growth, California must not only  
            provide housing but also ensure affordability. While existing  
            law enables accessory dwellings as a source of housing, recent  
            studies show that local standards, perhaps unintentionally,  








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            prevent homeowners from building ADUs with standards like lot  
            coverage, large set-backs, off-street parking, or costly  
            construction requirements. 

            Eliminating barriers to ADU construction is a common-sense,  
            cost-effective approach that will permit homeowners to share  
            empty rooms in their homes and property, add incomes to meet  
            family budgets, and make good use of the property in the Bay  
            Area and across California while easing the housing crisis.   
            SB 1069 approaches the housing crisis by easing regulatory  
            barriers for homeowners who choose to build affordable housing  
            in their own backyards. 

          2)What are ADUs?  ADUs, also known as 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.  

          3)Relaxing ADU requirements.  According to a UC Berkeley study,  
            Yes in My Backyard: Mobilizing the Market for Secondary Units,  
            second units are a means to accommodate future growth and  
            encourage infill development in developed neighborhoods.   
            Despite existing state law, which requires each city in the  
            state to have a ministerial process for approving second  
            units, the study found that local regulations often impede  
            development.  Easing these burdens to permit more ADUs could  
            permit a family to rent out the unit (about 49% of the units)  
            or provide housing for a family member (about 51% of the  
            units).  In fact, the study found that the average second unit  
            was advertised at a rental rate that makes it affordable to a  
            household earning 62% of the area median income.  About 30%  
            were affordable to households in the very low-income category,  
            and that 49% were in the low-income category. 

            The study, which evaluated five adjacent cities in the East  
            Bay, concluded that there is a substantial market of  
            interested homeowners; cities could reduce parking  
            requirements without contributing to parking issues; second  
            units could accommodate future growth and affordable housing;  
            and that scaling up second unit strategy could mean economic  
            and fiscal benefits for cities.  

            This bill eases barriers to the construction and permitting of  








          SB 1069 (Wieckowski)                               Page 7 of ?
          
          
            ADUs by making the following changes:

             a)   Provides alternatives and exceptions to parking  
               requirements, such as the case of an ADU located near  
               public transit or if the ADU is part of an existing  
               dwelling.
             b)   Shortens the review period of an application for an ADU  
               building permit from 120 days to 90 days.
             c)   Increases the size of an ADU from 30% of the existing  
               dwelling to 50%.
             d)   Removes the ability for a local agency to adopt an  
               ordinance that completely precludes the construction of  
               ADUs. 
             e)   Requires ministerial approval of an ADU contained within  
               an existing single-family home that has independent access  
               from the existing residence and has rear and side setbacks  
               sufficient for fire safety.
             f)   Removes the requirement for an ADU to have fire  
               sprinklers if they were not required for the primary  
               residence.   

          4)  Double-referral.  This bill is also referred to the Senate  
            Governance and Finance Committee.

          Related Legislation:
          
          AB 2299 (Bloom, 2016) - would require a local agency to provide  
          by ordinance for the creation of second units in single-family  
          and multifamily residential zones.  This bill is pending in the  
          Assembly Housing and Community Development Committee. 

          AB 2406 (Thurmond, 2016) - would authorize a local agency to  
          provide by ordinance for the creation of junior accessory  
          dwelling units in single-family residential zones.  This bill is  
          pending in the Assembly Housing and Community Development  
          Committee.
          


          FISCAL EFFECT:  Appropriation:  No    Fiscal Com.:  Yes     
          Local:  Yes


            POSITIONS:  (Communicated to the committee before noon on  
          Wednesday,








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                          April 13, 2016.)
          
            SUPPORT:  

          Bay Area Council (sponsor)
          AARP
          American Planning Association - California Chapter
          Bishop Ranch
          Blue Shield of California
          Bridge Housing
          Building Industry Association - Bay Area
          California Association of Realtors
          California Building Industry Association
          California Infill Association
          California Renters Legal Advocacy & Education Fund
          Center for Creative Land Recycling
          Chase Communications
          Colliers International
          Cushman & Wakefield
          Emerald Fund
          East Bay Leadership Council
          Facebook
          Hanson Bridgett
          HKS
          Joint Venture - Silicon Valley Network
          Lennar Urban
          MacKenzie Communications, Inc.
          Marvell
          McKinsey & Company
          Manatt
          Nehemiah Corporation of America
          New Avenue
          Nibbi
          Non-Profit Housing Association of Northern California
          North Bay Leadership Council
          Plant
          Polaris Pacific
          Reuben, Junius & Rose, LLP
          Rhodes Planning Group
          Richard Rosenberg - Chairman & CEO (Retired), Bank of America
          San Francisco Housing Action Coalition
          San Mateo County Economic Development Association
          SPUR
          SVAngel
          SV@Home








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          Technology Credit Union
          UC Berkeley - College of Environmental Design
          Virgin America
          Webcor Builders

          OPPOSITION:

          None received


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