BILL NUMBER: AB 2299 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Bloom
FEBRUARY 18, 2016
An act to amend Section 65852.2 of the Government Code, relating
to land use.
LEGISLATIVE COUNSEL'S DIGEST
AB 2299, as introduced, Bloom. Land use: housing: 2nd units.
The Planning and Zoning Law authorizes the legislative body of a
city or county to regulate, among other things, the intensity of land
use, and also authorizes a local agency to provide by ordinance for
the creation of 2nd units in single-family and multifamily
residential zones, as specified.
This bill would, instead, require a local agency to provide by
ordinance for the creation of 2nd units in these zones. By increasing
the duties of local officials, this bill would impose a
state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 65852.2 of the Government Code is amended to
read:
65852.2. (a) (1) Any A local agency
may, shall, by ordinance, provide for
the creation of second units in single-family and multifamily
residential zones. The ordinance may do any
shall do all of the following:
(A) Designate areas within the jurisdiction of the local agency
where second units may be permitted. The designation of areas may be
based on criteria, that may include, but are not limited to, the
adequacy of water and sewer services and the impact of second units
on traffic flow.
(B) Impose standards on second units that include, but are not
limited to, parking, height, setback, lot coverage, architectural
review, maximum size of a unit, and standards that prevent adverse
impacts on any real property that is listed in the California
Register of Historic Places. However, notwithstanding
subdivision (d), a local agency shall not impose parking standards
for a second unit that is located within one-half mile of public
transit or shopping or is within an architecturally and historically
significant historic district.
(C) Provide that second units do not exceed the allowable density
for the lot upon which the second unit is located, and that second
units are a residential use that is consistent with the existing
general plan and zoning designation for the lot.
(2) The ordinance shall not be considered in the application of
any local ordinance, policy, or program to limit residential growth.
(3) When a local agency receives its first application on or after
July 1, 2003, for a permit pursuant to this subdivision, the
application shall be considered ministerially without discretionary
review or a hearing, notwithstanding Section 65901 or 65906 or any
local ordinance regulating the issuance of variances or special use
permits. Nothing in this paragraph may be construed to
require a local government to adopt or amend an ordinance for the
creation of second units. A local agency may charge a fee
to reimburse it for costs that it incurs as a result of amendments to
this paragraph enacted during the 2001-02 Regular Session of the
Legislature, including the costs of adopting or amending any
ordinance that provides for the creation of second units.
(b) (1) When a local agency which has not
adopted an ordinance governing second units in accordance with
subdivision (a) or (c) receives its first
application on or after July 1, 1983, for a permit pursuant to this
subdivision, the local agency shall accept the application and
approve or disapprove the application ministerially without
discretionary review pursuant to this subdivision unless it adopts an
ordinance in accordance with subdivision (a) or (c)
within 120 days after receiving the application.
Notwithstanding Section 65901 or 65906, every local agency shall
grant a variance or special use 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 from the existing dwelling and located on the same lot as
the existing dwelling.
(E) The increased floor area of an attached second unit shall not
exceed 30 percent of the existing living area.
(F) The total area of floorspace for a detached second unit shall
not exceed 1,200 square feet.
(G) Requirements relating to height, setback, lot coverage,
architectural review, site plan review, fees, charges, and other
zoning requirements generally applicable to residential construction
in the zone in which the property is located.
(H) Local building code requirements which
that apply to detached dwellings, as appropriate.
(I) Approval by the local health officer where a private sewage
disposal system is being used, if required.
(2) No other local ordinance, policy, or regulation shall be the
basis for the denial of a building permit or a use permit under this
subdivision.
(3) This subdivision establishes the maximum standards that local
agencies shall use to evaluate proposed second units on lots zoned
for residential use which that contain
an existing single-family dwelling. No additional standards, other
than those provided in this subdivision or subdivision (a), shall be
utilized or imposed, except that a local agency may require an
applicant for a permit issued pursuant to this subdivision to be an
owner-occupant.
(4) No changes in zoning ordinances or other ordinances or any
changes in the general plan shall be required to implement this
subdivision. Any A local agency may
amend its zoning ordinance or general plan to incorporate the
policies, procedures, or other provisions applicable to the creation
of second units if these provisions are consistent with the
limitations of this subdivision.
(5) A second unit which that
conforms to the requirements of this subdivision
shall not be considered to exceed the allowable density for the lot
upon which it is located, and shall be deemed to be a residential use
which that is consistent with the
existing general plan and zoning designations for the lot. The second
units shall not be considered in the application of any local
ordinance, policy, or program to limit residential growth.
(c) No local agency shall adopt an ordinance which totally
precludes second units within single-family or multifamily zoned
areas unless the ordinance contains findings acknowledging 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 that would result from allowing second units
within single-family and multifamily zoned areas justify adopting the
ordinance.
(d)
(c) A local agency may establish minimum and maximum
unit size requirements for both attached and detached second units.
No minimum or maximum size for a second unit, or size based upon a
percentage of the existing dwelling, shall be established by
ordinance for either attached or detached dwellings which
that does not permit at least an efficiency unit
to be constructed in compliance with local development standards.
(e)
(d) Parking requirements for second units shall not
exceed one parking space per unit or per bedroom. Additional parking
may be required provided that a finding is made that the additional
parking requirements are directly related to the use of the second
unit and are consistent with existing neighborhood standards
applicable to existing dwellings. Off-street 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 specific site or regional topographical or fire and life safety
conditions, or that it is not permitted anywhere else in the
jurisdiction.
(f)
(e) Fees charged for the construction of second units
shall be determined in accordance with Chapter 5 (commencing with
Section 66000).
(g)
(f) This section does not limit the authority of local
agencies to adopt less restrictive requirements for the creation of
second units.
(h)
(g) Local agencies shall submit a copy of the
ordinances adopted pursuant to subdivision (a) or (c)
to the Department of Housing and Community Development
within 60 days after adoption.
(i)
(h) As used in this section, the following terms mean:
(1) "Living area," means the interior habitable area of a dwelling
unit including basements and attics but does not include a garage or
any accessory structure.
(2) "Local agency" means a city, county, or city and county,
whether general law or chartered.
(3) For purposes of this section, "neighborhood" has the same
meaning as set forth in Section 65589.5.
(4) "Second unit" means 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, as defined in Section 17958.1 of Health
and Safety Code.
(B) A manufactured home, as defined in Section 18007 of the Health
and Safety Code.
(j)
(i) Nothing in this section shall be construed to
supersede or in any way alter or lessen the effect or application of
the California Coastal Act (Division 20 (commencing with Section
30000) of the Public Resources Code), except that the local
government shall not be required to hold public hearings for coastal
development permit applications for second units.
SEC. 2. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because a
local agency or school district has the authority to levy service
charges, fees, or assessments sufficient to pay for the program or
level of service mandated by this act, within the meaning of Section
17556 of the Government Code.