BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 1069|
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THIRD READING
Bill No: SB 1069
Author: Wieckowski (D), et al.
Amended: 4/26/16
Vote: 21
SENATE TRANS. & HOUSING COMMITTEE: 10-1, 4/19/16
AYES: Beall, Cannella, Allen, Gaines, Galgiani, Leyva,
McGuire, Mendoza, Roth, Wieckowski
NOES: Bates
SENATE GOVERNANCE & FIN. COMMITTEE: 6-0, 4/20/16
AYES: Hertzberg, Nguyen, Beall, Hernandez, Lara, Moorlach
NO VOTE RECORDED: Pavley
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
SUBJECT: Land use: zoning
SOURCE: Bay Area Council
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 revises requirements for the approval or
disapproval of an ADU application when a local agency has not
adopted an ordinance.
ANALYSIS:
Existing law:
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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. Permits a local agency,
by ordinance, to provide for the creation of second units in
single-family and multifamily residential zones as specified.
2) 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.
3) 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.
4) 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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5) 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 that specific adverse impacts on the public health,
safety, and welfare would result.
6) Provides that a local agency may establish maximum and
minimum unit size requirements for both attached and detached
second units. Establishes the maximum standards that local
agencies shall use to evaluate proposed accessory dwelling
units on lots zoned for residential use that contain an
existing single-family dwelling. No additional standards
shall be utilized or imposed, except that a local agency may
require an applicant for a permit to be an owner-occupant.
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
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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
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.
3) Requires a local agency with an ADU ordinance to consider
permits within 90 days of submittal of a complete building
permit application.
4) 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.
5) 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.
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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.
6) 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.
7) Provides that a local agency may establish maximum and
minimum 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.
8) Establishes the maximum standards that local agencies shall
use to evaluate proposed accessory dwelling units on lots
zoned for residential use that contain an existing
single-family dwelling. No additional standards shall be
utilized or imposed, except that a local agency may require
an applicant for a permit to be an owner-occupant or that the
property be used for rentals or terms longer than 30 days.
9) 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.
10)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
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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.
11)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
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, 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.
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.
Relaxing ADU requirements. According to a UC Berkeley study,
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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.
Home rule. Local governments must balance competing priorities
when determining the conditions attached to the development of
accessory dwelling units. Cities must look at the potential
impacts on the community that result from these units: impaired
neighborhood character, spillover effects on nearby homes and
businesses due to inadequate parking, and loss of privacy for
existing homeowners. Some local governments have adopted more
involved processes for permitting second units to allow for
consideration of these important factors. SB 1069 would prevent
local governments from considering these impacts by requiring
ministerial permits for many accessory dwelling units. Without
some discretion, elected local leaders will be unable to weigh
the tradeoffs between enhanced density that accessory dwelling
units may provide and any community problems they create.
FISCAL EFFECT: Appropriation: No Fiscal
Com.:YesLocal: Yes
SUPPORT: (Verified5/11/16)
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Bay Area Council (source)
AARP
Abode Services
American Planning Association - California Chapter
BHV Center Street Properties, Inc.
Bishop Ranch
Blue Shield of California
Bridge Housing
Building Industry Association - Bay Area
California Association of Realtors
California Building Industry Association
California Chamber of Commerce
California Housing Consortium
California Infill Federation
California Renters Legal Advocacy & Education Fund
Center for Creative Land Recycling
Chase Communications
Colliers International
Comcast
Cushman & Wakefield
East Bay Leadership Council
Eden Housing
Emerald Fund
Facebook
Greenbelt Alliance
Hanson Bridgett
HKS
The Home Depot
Housing Trust Silicon Valley
Joint Venture -Silicon Valley Network
Junius & Rose, LLP
Kaiser Permanente
LA-M?s
Lennar Urban
Lily Pad Homes
MacKenzie Communications, Inc.
Main Street Property Services
Manatt
Marvell
McKinsey & Company
Natural Resources Defense Council
Nehemiah Corporation of America
New Avenue
Nibbi
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Non-Profit Housing Association of Northern California
North Bay Leadership Council
Orange County Business Council
Pier 39
PLANT
Plumbing, Heating and Cooling Contractors
Polaris Pacific
Reuben, Junius & Rose, LLP
Rhodes Planning Group
San Francisco Chamber of Commerce
San Francisco Housing Action Coalition
San Mateo County Economic Development Association
Sares Regis Homes
Scott Weiner, Supervisor - District 8, San Francisco
SPUR
Summer Hill Housing Group
SVAngel
SV@Home
Technology Credit Union
Terner Center for Housing Innovation
TMG Partners
The Two Hundred
UC Berkeley - College of Environmental Design
UPS
Virgin America
Webcor Builders
Western Center on Law and Poverty
OPPOSITION: (Verified5/16/16)
Association of California Water Agencies
California State Association of Counties
Cities of Angels Camp, Cloverdale, Daly City, Lakewood, and
Merced
League of California Cities
Ventura Council of Governments
Prepared by:Alison Dinmore / T. & H. / (916) 651-4121
5/16/16 10:12:38
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