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 26, 2016
	AMENDED IN SENATE  AUGUST 19, 2016
	AMENDED IN ASSEMBLY  APRIL 5, 2016

INTRODUCED BY   Assembly Member Bloom
    (   Principal coauthor:   Senator 
 Wieckowski   ) 

                        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 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 accessory
dwelling unit located within its jurisdiction.
   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.
   By increasing the duties of local officials with respect to land
use regulations, this bill would impose a state-mandated local
program. 
   This bill would incorporate additional changes in Section 65852.2
of the Government Code proposed by SB 1069 that would become
operative only if SB 1069 and this bill are both chaptered and become
effective on or before January 1, 2017, and this bill is chaptered
last. 
   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 may, by ordinance, provide for
the creation of 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 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
accessory dwelling units on traffic flow and public safety.
   (B) Impose standards on 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.
   (C) Notwithstanding subparagraph (B), a local agency may reduce or
eliminate parking requirements for any accessory dwelling unit
located within its jurisdiction.
   (D) Provide that accessory dwelling units do not exceed the
allowable density for the lot upon which the accessory dwelling unit
is located, and that 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, 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 accessory
dwelling units.
   (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.
   (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.
   (6) This subdivision 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, other than those provided in this
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.
   (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 accessory dwelling units if these
provisions are consistent with the limitations of this subdivision.
   (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 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 accessory dwelling units.
No minimum or maximum size for a 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) Fees charged for the construction of accessory dwelling units
shall be determined in accordance with Chapter 5 (commencing with
Section 66000).
   (e) This section does not limit the authority of local agencies to
adopt less restrictive requirements for the creation of accessory
dwelling units, provided those requirements comply with subdivision
(a).
   (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.
   (g) 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) "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. 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.
   (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 accessory dwelling units.
   SEC. 1.5.    Section 65852.2 of the  
Government Code   is amended to read: 
   65852.2.  (a) (1)  Any   A  local agency
may, by ordinance, provide for the creation of  second
  accessory dwelling  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   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)  (i)    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. 
   (ii) Notwithstanding clause (i), a local agency may reduce or
eliminate parking requirements for any accessory dwelling unit
located within its jurisdiction. 
   (C) 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. 
   (D) 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 and
contains an existing, single-family dwelling.  
   (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, with a
maximum increase in floor area of 1,200 square feet.  
   (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.  
   (III) This clause shall not apply to a unit that is described in
subdivision (d).  
   (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. This clause shall not apply to a unit that is described in
subdivision (d). 
   (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.   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 units.   an accessory dwelling unit. 

   (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 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) An existing ordinance governing the creation of an accessory
dwelling unit by a local agency or an accessory dwelling 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  a  proposed
 second units on lots   accessory dwelli 
 ng unit on a lot  zoned for residential use  which
contain   that contains  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.   owner-occupant or
that the property be used for rentals of terms longer than 30 days.
 
   (4) No changes in zoning ordinances or other ordinances or any
changes in the general plan shall be required to implement this
subdivision. Any 
    (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 units   an accessory dwelling unit 
if these provisions are consistent with the limitations of this
subdivision. 
   (5) A second unit which conforms to the requirements of 
    (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 
which   that  is consistent with the existing
general plan and zoning designations for the lot. The  second
units   accessory dwelling unit  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.  
   (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 to create an accessory dwelling unit 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.  
   (d) 
    (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   an accessory dwelling
 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.  Accessory dwelling units shall not be
required to provide fire sprinklers if they are not required for the
primary residence.  
   (e) 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. 
    (d)     Notwithstanding any other law, a
local agency, whether or not it has adopted an ordinance governing
accessory dwelling units in accordance with subdivision (a), shall
not impose parking standards for an accessory dwelling unit in any of
the following instances:  
   (1) The accessory dwelling unit is located within one-half mile of
public transit.  
   (2) The accessory dwelling unit is located within an
architecturally and historically significant historic district. 

   (3) The accessory dwelling unit is part of the existing primary
residence or an existing accessory structure.  
   (4) When on-street parking permits are required but not offered to
the occupant of the accessory dwelling unit.  
   (5) When there is a car share vehicle located within one block of
the accessory dwelling unit.  
   (e) Notwithstanding subdivisions (a) to (d), inclusive, a local
agency shall ministerially approve an application for a building
permit to create within a single-family residential zone one
accessory dwelling unit per single-family lot if the unit is
contained within the existing space of a single-family residence or
accessory structure, has independent exterior access from the
existing residence, and the side and rear setbacks are sufficient for
fire safety. Accessory dwelling units shall not be required to
provide fire sprinklers if they are not required for the primary
residence. 
   (f)  (1)    Fees charged for the construction of
 second   accessory dwelling units shall
be determined in accordance with Chapter 5 (commencing with Section
 66000).   66000) and Chapter 7 (commencing with
Section 66012).  
   (2) Accessory dwelling units shall not be considered new
residential uses for the purposes of calculating local agency
connection fees or capacity charges for utilities, including water
and sewer service.  
   (A) For an accessory dwelling unit described in subdivision (e), a
local agency shall not require the applicant to install a new or
separate utility connection directly between the accessory dwelling
unit and the utility or impose a related connection fee or capacity
charge.  
   (B) For an accessory dwelling unit that is not described in
subdivision (e), a local agency may require a new or separate utility
connection directly between the accessory dwelling unit and the
utility. Consistent with Section 66013, the connection may be subject
to a connection fee or capacity charge that shall be proportionate
to the burden of the proposed accessory dwelling unit, based upon
either its size or the number of its plumbing fixtures, upon the
water or sewer system. This fee or charge shall not exceed the
reasonable cost of providing this service. 
   (g) This section does not limit the authority of local agencies to
adopt less restrictive requirements for the creation of 
second units.   an accessory dwelling unit. 
   (h) Local agencies shall submit a copy of the  ordinances
  ordinance  adopted pursuant to subdivision (a)
 or (c)  to the Department of Housing and Community
Development within 60 days after adoption.
   (i) 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   "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. 
   (5) "Passageway" means a pathway that is unobstructed clear to the
sky and extends from a street to one entrance of the accessory
dwelling unit. 
   (j) 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.    Section 1.5 of this bill incorporates
amendments to Section 65852.2 of the Government Code proposed by both
this bill and Senate Bill 1069. It shall only become operative if
(1) both bills are enacted and become effective on or before January
1, 2017, (2) each bill amends Section 65852.2 of the Government Code,
and (3) this bill is enacted after Senate Bill 1069, in which case
Section 1 of this bill shall not become operative. 
   SEC. 2.   SEC. 3.   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.