BILL ANALYSIS Ó
SB 1069
Page 1
Date of Hearing: August 10, 2016
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez, Chair
SB 1069
(Wieckowski) - As Amended August 1, 2016
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|Policy |Housing and Community |Vote:|6 - 0 |
|Committee: |Development | | |
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| |Local Government | |6 - 2 |
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Urgency: No State Mandated Local Program: YesReimbursable:
No
SUMMARY: This bill makes a number of changes to state law
regarding second units. Specifically, this bill:
1)Replaces the term "second unit" with "accessory dwelling unit"
in sections of housing law.
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2)Requires, if a local agency provides by ordinance for the
creation of accessory dwelling units (ADUs) in single-family
and multifamily residential zones, the ordinance to; a)
designate areas within the jurisdiction of the local agency
where ADUs may be permitted; b) impose standards on ADUs; and
c) provide that ADUs do not exceed the allowable density and
are 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)Requires a local agency that has not adopted an ADU ordinance
to approve or disapprove a permit application ministerially
without discretionary review, unless it adopts an ordinance
within 90 days, after receiving the application. Requires
every local agency to ministerially approve the creation of an
ADU, if certain conditions are met.
5)Requires a local agency to ministerially approve an
application for a building permit to create within a
single-family residential zone one ADU per single-family lot,
if the unit is contained within the existing space, has
independent exterior access from the existing residence, and
the side and rear setbacks are sufficient for fire safety.
Prohibits a local agency from requiring an applicant to
install a new or separate utility connection directly between
the ADU and the utility, or impose a related connection fee
capacity charge in these cases.
6)For ADUs not described in 5) above, allows a local agency to
require a new or separate utility connection directly between
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the ADU and the utility. The connection may be subject to a
connection fee or capacity charge that is proportionate to the
burden of the proposed ADU on the water or sewer system.
Prohibits the fee or charge from exceeding the reasonable cost
of providing the service.
7)Prohibits ADUs from being considered new residential uses for
the purposes of calculating private or public utility
connection fees, including water and sewer service.
FISCAL EFFECT:
Negligible state fiscal impact. Although a state mandate, costs
are not reimbursable because an Agency has authority to levy
fees sufficient to cover any costs.
COMMENTS:
1)Purpose. According to the author, "Accessory dwellings
provide part of the solution to the housing crisis. They are
the only source of housing that can be added within a year at
an affordable price, in existing developed communities served
by infrastructure consistent with SB 375, without public
subsidy, and action by the State on a few issues will make
this possible for tens of thousands of owners to immediately
benefit and help their communities.
"ADUs - referred to in existing law as second units - are
additional living quarters on single-family lots that are
independent of the primary dwelling unit. These units are
inherently affordable - costing as little as $10,000 to
$200,000 or 50-90% less to build than conventional infill
development. Under existing law, any property owner has the
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ability to construct an ADU on their property should they meet
certain zoning and building requirements. However, a
significant number of homeowners are prevented from
constructing these units due to the layers of zoning and
regulatory barriers such as lot size, setbacks, independent
off-street parking, and costly duplicative fees. For example,
most local agencies treat accessory dwellings like a "new
development" and require sprinklers and new service fees that
can double the cost of building the unit itself (adding fee
costs of $10,000-75,000/unit) which unreasonably burdens
owners trying to add this low-cost, green, infill form of
housing."
2)Background. Also known as accessory apartments, mother-in-law
units, or granny flats, ADUs are either attached or detached
to the primary dwelling unit, and provide complete independent
living facilities for one person, or more. This includes
permanent provisions for living, sleeping, eating, cooking,
and sanitation.
In 2002, AB 1866 (Wright) (Chapter 1062, Statutes of 2002),
required local governments to use a ministerial process for
approving ADUs, notwithstanding other laws that regulate the
issuance of variances or special use permits. A local
government may provide for the construction of ADUs by
ordinance, and may designate areas where ADUs are allowed, as
well as require standards for parking, setback, lot coverage,
and maximum size. If a local government has not adopted an
ordinance governing ADUs, it must grant a variance or special
use permit for the creation of ADUs if the unit complies with
requirements specified in statute, including size and zoning
restrictions.
According to a UC Berkeley study, "Yes in My Backyard:
Mobilizing the Market for Secondary Units" by Karen Chapple,
second units are a means to accommodate future growth and
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encourage infill development in developed neighborhoods. The
study, which evaluated five adjacent cities in the East Bay,
concluded that there is 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 implements several policy recommendations from this
study by easing the most significant barriers to the
construction and permitting of ADUs.
3)Administration Support. According to the Governor's 2016-17
May Revision:
"The Administration is also supportive of other initiatives
to increase housing supply where such initiatives do not
create a state reimbursable mandate. This includes using
inventory such as accessory dwelling units (additional
living quarters on single-family lots that are independent
of the primary dwelling unit)?.. Policies can increase the
availability of accessory dwelling units with expanded
ministerial approval, shortened permitting timelines,
reduced duplicative fees, and relaxed parking requirements,
consistent with the principles identified by SB 1069
(2016). The state can further increase supply by
eliminating overly burdensome requirements for accessory
dwelling units identified by AB 2299 (2016), such as
passageways to public streets and setbacks of five feet
from lot lines."
4)Current Legislation.
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a) AB 2299 (Bloom), pending on the Senate Floor, requires,
rather than permits, a local government to adopt an
ordinance for the creation of second units in single-family
and multifamily residential zones. Would restrict the
standards local governments may impose on second units by
prohibiting imposition of parking requirements on second
units within a half-mile of transit, shopping, or within a
historic district, constraining the setbacks that local
governments may require, and repealing ability to prohibit
second units.
b) AB 2406 (Thurmond), pending on the Senate Floor, allows
local agencies to adopt an ordinance that authorizes the
construction of "junior accessory dwelling units" of 500
square feet or less and includes standards that local
agencies may adopt regarding those units.
Analysis Prepared by:Jennifer Swenson / APPR. / (916)
319-2081