Bill Text: CA AB2299 | 2015-2016 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Land use: housing: 2nd units.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2016-09-27 - Chaptered by Secretary of State - Chapter 735, Statutes of 2016. [AB2299 Detail]

Download: California-2015-AB2299-Amended.html

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BILL NUMBER: AB 2299	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 5, 2016

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 amended, 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
  The bill would also specify that a local agency may
reduce or eliminate parking requirements for any 2nd unit located
within its jurisdiction.  
   Existing law also requires a local agency, if it has not adopted
an ordinance governing 2nd units and receives an application for a
permit for the creation of a 2nd unit, as provided, to grant a
variance or special use permit if the 2nd unit complies with
specified requirements, including specified zoning requirements
generally applicable to residential construction in the zone in which
the property is located.  
   This bill would prohibit a requirement for a passageway or pathway
clear to the sky between the 2nd unit and a public street and, for a
2nd unit constructed above a garage located on an alley, for a
setback of more than 5 feet from the side and rear lot. The bill
would also provide that a 2nd unit constructed above a garage or a
garage converted in whole or in part into a 2nd unit is deemed to be
an accessory building or accessory use that may be permitted within a
required yard or setback area, provided that the 2nd unit is set
back a minimum of 5 feet from the side and rear lot areas.  

   Existing law requires that parking requirements for 2nd units not
exceed one parking space per unit or per bedroom. Under existing law,
additional parking may be required provided that a finding is made
that the additional parking requirements are directly related to the
use of the 2nd unit and are consistent with existing neighborhood
standards applicable to residential dwellings.  
   This bill would delete the above-described authorization for
additional parking requirements. The bill would also provide that,
when a garage, carport, or covered parking structure is demolished in
conjunction with the construction of a 2nd unit and the local agency
requires that those off-street parking spaces be replaced, the
replacement spaces may be located in any configuration on the same
lot as the 2nd unit, as provided. 
    By  increasing the duties of local  officials,
  officials with respect to land use regulations, 
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) A local agency shall, by ordinance, provide for
the creation of second units in single-family and multifamily
residential zones. The ordinance 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,  landscape,
 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) Notwithstanding subparagraph (B), a local agency may reduce or
eliminate parking requirements for any second unit located within
its jurisdiction.  
   (C) 
    (D)  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. 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 has not adopted an ordinance governing
second units in accordance with subdivision (a) 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) 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.  
located, except as follows:  
   (i) No passageway or pathway clear to the sky between the second
unit and a public street shall be required in conjunction with the
construction of a second unit.  
   (ii) No setback more than five feet from the side and rear lot
line shall be required for a second unit constructed above a garage
located on an alley. 
   (H) Local building code requirements 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 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. 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 that conforms to this subdivision shall  be
deemed to be an accessory use or an accessory building and 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
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) 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 that does not permit at least an
efficiency unit to be constructed in compliance with local
development standards.
   (d)  (1)    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. 
   (2) When a garage, carport, or covered parking structure is
demolished in conjunction with the construction of a second unit, and
the local agency requires that those off-street parking spaces be
replaced, the replacement spaces may be located in any configuration
on the same lot as the second unit, including, but not limited to, as
covered spaces, uncovered spaces, or tandem spaces, or by the use of
mechanical automobile parking lifts. 
   (e) Fees charged for the construction of second units shall be
determined in accordance with Chapter 5 (commencing with Section
66000).
   (f) This section does not limit the authority of local agencies to
adopt less restrictive requirements for the creation of second
units.
   (g) Local agencies shall submit a copy of the ordinances adopted
pursuant to subdivision (a) to the Department of Housing and
Community Development within 60 days after adoption.
   (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.
   (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.