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 SENATE  AUGUST 19, 2016
	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.  Existing law authorizes the
ordinance to designate areas within the jurisdiction of the local
agency where 2nd units may be permitted, to impose specified
standards on 2nd units, and to provide that 2nd units do not exceed
allowable density and are a residential use, as specified. 
   This bill  would replace the term "second unit" with
"accessory dwelling unit."   The   bill would,
instead, require  a local agency to provide by ordinance for
the creation of 2nd units in these zones.   the
ordinance to include the elements described above and would also
require the ordinance to require accessory dwelling units to comply
with specified conditions. This bill would require ministerial,
nondiscretionary approval of an accessory dwelling unit under an
existing ordinance.  The bill would also specify that a local
agency may reduce or eliminate parking requirements for any 
2nd   accessory dwelling  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 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,  
may,  by ordinance, provide for the creation of  second
  accessory dwelling  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   accessory dwelling  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  
accessory dwelling  units on traffic  flow. 
 flow and public safety. 
   (B) Impose standards on  second   accessory
dwelling  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 
 accessory dwelling  unit located within its jurisdiction.
   (D) Provide that  second  accessory dwelling
 units do not exceed the allowable density for the lot upon
which the  second   accessory dwelling 
unit is located, and that  second   accessory
dwelling  units are a residential use that is consistent with
the existing general plan and zoning designation for the lot. 
   (E) Require the accessory dwelling units to comply with all of the
following:  
   (i) The unit is not intended for sale separate from the primary
residence and may be rented.  
   (ii) The lot is zoned for single-family or multifamily use. 

   (iii) The accessory dwelling unit is either attached to the
existing dwelling or 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.  
   (iv) The increased floor area of an attached accessory dwelling
unit shall not exceed 50 percent of the existing living area. 

   (v) The total area of floorspace for a detached accessory dwelling
unit shall not exceed 1,200 square feet.  
   (vi) No passageway shall be required in conjunction with the
construction of an accessory dwelling unit.  
   (vii) No setback shall be required for an existing garage that is
converted to a accessory dwelling unit, and a setback of no more than
five feet from the side and rear lot lines shall be required for an
accessory dwelling unit that is constructed above a garage. 

   (viii) Local building code requirements that apply to detached
dwellings, as appropriate.  
   (ix) Approval by the local health officer where a private sewage
disposal system is being used, if required.  
   (x) (I) Parking requirements for accessory dwelling units shall
not exceed one parking space per unit or per bedroom. These spaces
may be provided as tandem parking on an existing driveway.  

   (II) 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 specific site or regional
topographical or fire and life safety conditions, or that it is not
permitted anywhere else in the jurisdiction.  
   (xi) When a garage, carport, or covered parking structure is
demolished in conjunction with the construction of an accessory
dwelling unit, and the local agency requires that those offstreet
parking spaces be replaced, the replacement spaces may be located in
any configuration on the same lot as the accessory dwelling unit,
including, but not limited to, as covered spaces, uncovered spaces,
or tandem spaces, or by the use of mechanical automobile parking
lifts. 
   (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.   permits, within 120 days after
receiving the application. 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 
 accessory dwelling  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, 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.  
   (4) Any existing ordinance governing the creation of accessory
dwelling units by a local agency or any such ordinance adopted by a
local agency subsequent to the effective date of the act adding this
paragraph shall provide an approval process that includes only
ministerial provisions for the approval of accessory dwelling units
and shall not include any discretionary processes, provisions, or
requirements for those units except as otherwise provided in this
subdivision. In the event that a local agency has an existing
accessory dwelling unit ordinance that fails to meet the requirements
of this subdivision, that ordinance shall be null and void upon the
effective date of the act adding this paragraph and that agency shall
thereafter apply the standards established in this subdivision for
the approval of accessory dwelling units, unless and until the agency
adopts an ordinance that complies with this section.  
   (2) 
    (5)  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) 
    (6)  This subdivision establishes the maximum standards
that local agencies shall use to evaluate proposed  second
  accessory dwelling  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),   subdivision, 
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 
    (7)     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   accessory dwelling  units if
these provisions are consistent with the limitations of this
subdivision. 
   (5) A second 
    (8)     An accessory dwelling  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   accessory dwelling  units shall
not be considered in the application of any local ordinance, policy,
or program to limit residential growth. 
   (b) When a local agency that has not adopted an ordinance
governing accessory dwelling 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 subdivision
(a) within 120 days after receiving the application. 
   (c) A local agency may establish minimum and maximum unit size
requirements for both attached and detached  second 
 accessory dwelling  units. No minimum or maximum size for
a  second   accessory dwelling  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. 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) 
    (d)  Fees charged for the construction of 
second   accessory dwelling  units shall be
determined in accordance with Chapter 5 (commencing with Section
66000). 
   (f) 
    (e)  This section does not limit the authority of local
agencies to adopt less restrictive requirements for the creation of
 second units.   accessory dwelling units,
provided those requirements comply with subdivision (a). 

   (g) 
    (f)  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) 
    (g)  As used in this section, the following terms mean:
   (1) "Living  area,"   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"   "Accessory dwelling 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  
An accessory dwelling  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. 
   (C) "Passageway" means a pathway that is unobstructed clear to the
sky and extends from a street to one entrance of the accessory
dwelling unit.  
   (i) 
    (h)  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  
accessory dwelling  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.