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
-----------------------------------------------------------------
|Author: |Wieckowski |
|----------+------------------------------------------------------|
|Version: |4/13/2016 Amended |
-----------------------------------------------------------------
-----------------------------------------------------------------
|Urgency: |No |Fiscal: |Yes |
-----------------------------------------------------------------
-----------------------------------------------------------------
|Consultant|Alison Dinmore |
|: | |
-----------------------------------------------------------------
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.
SB 1069 (Wieckowski) Page 2 of ?
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
SB 1069 (Wieckowski) Page 3 of ?
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,
SB 1069 (Wieckowski) Page 6 of ?
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,
SB 1069 (Wieckowski) Page 8 of ?
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
SB 1069 (Wieckowski) Page 9 of ?
Technology Credit Union
UC Berkeley - College of Environmental Design
Virgin America
Webcor Builders
OPPOSITION:
None received
-- END --