Bill Text: CA AB2406 | 2015-2016 | Regular Session | Chaptered
Bill Title: Housing: junior accessory dwelling units.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2016-09-28 - Chaptered by Secretary of State - Chapter 755, Statutes of 2016. [AB2406 Detail]
Download: California-2015-AB2406-Chaptered.html
BILL NUMBER: AB 2406 CHAPTERED
BILL TEXT
CHAPTER 755
FILED WITH SECRETARY OF STATE SEPTEMBER 28, 2016
APPROVED BY GOVERNOR SEPTEMBER 28, 2016
PASSED THE SENATE AUGUST 23, 2016
PASSED THE ASSEMBLY AUGUST 29, 2016
AMENDED IN SENATE AUGUST 19, 2016
AMENDED IN SENATE AUGUST 9, 2016
AMENDED IN SENATE JUNE 8, 2016
AMENDED IN ASSEMBLY APRIL 28, 2016
AMENDED IN ASSEMBLY APRIL 18, 2016
INTRODUCED BY Assembly Member Thurmond
(Coauthor: Assembly Member Levine)
FEBRUARY 19, 2016
An act to add Section 65852.22 to the Government Code, relating to
housing, and declaring the urgency thereof, to take effect
immediately.
LEGISLATIVE COUNSEL'S DIGEST
AB 2406, Thurmond. Housing: junior accessory dwelling units.
The Planning and Zoning Law authorizes a local agency to provide
by ordinance for the creation of 2nd units in single-family and
multifamily residential areas, as prescribed.
This bill would, in addition, authorize a local agency to provide
by ordinance for the creation of junior accessory dwelling units, as
defined, in single-family residential zones. The bill would require
the ordinance to include, among other things, standards for the
creation of a junior accessory dwelling unit, required deed
restrictions, and occupancy requirements. The bill would prohibit an
ordinance from requiring, as a condition of granting a permit for a
junior accessory dwelling unit, additional parking requirements.
This bill would declare that it is to take effect immediately as
an urgency statute.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 65852.22 is added to the Government Code,
immediately following Section 65852.2, to read:
65852.22. (a) Notwithstanding Section 65852.2, a local agency
may, by ordinance, provide for the creation of junior accessory
dwelling units in single-family residential zones. The ordinance may
require a permit to be obtained for the creation of a junior
accessory dwelling unit, and shall do all of the following:
(1) Limit the number of junior accessory dwelling units to one per
residential lot zoned for single-family residences with a
single-family residence already built on the lot.
(2) Require owner-occupancy in the single-family residence in
which the junior accessory dwelling unit will be permitted. The owner
may reside in either the remaining portion of the structure or the
newly created junior accessory dwelling unit. Owner-occupancy shall
not be required if the owner is another governmental agency, land
trust, or housing organization.
(3) Require the recordation of a deed restriction, which shall run
with the land, shall be filed with the permitting agency, and shall
include both of the following:
(A) A prohibition on the sale of the junior accessory dwelling
unit separate from the sale of the single-family residence, including
a statement that the deed restriction may be enforced against future
purchasers.
(B) A restriction on the size and attributes of the junior
accessory dwelling unit that conforms with this section.
(4) Require a permitted junior accessory dwelling unit to be
constructed within the existing walls of the structure, and require
the inclusion of an existing bedroom.
(5) Require a permitted junior accessory dwelling to include a
separate entrance from the main entrance to the structure, with an
interior entry to the main living area. A permitted junior accessory
dwelling may include a second interior doorway for sound attenuation.
(6) Require the permitted junior accessory dwelling unit to
include an efficiency kitchen, which shall include all of the
following:
(A) A sink with a maximum waste line diameter of 1.5 inches.
(B) A cooking facility with appliances that do not require
electrical service greater than 120 volts, or natural or propane gas.
(C) A food preparation counter and storage cabinets that are of
reasonable size in relation to the size of the junior accessory
dwelling unit.
(b) (1) An ordinance shall not require additional parking as a
condition to grant a permit.
(2) This subdivision shall not be interpreted to prohibit the
requirement of an inspection, including the imposition of a fee for
that inspection, to determine whether the junior accessory dwelling
unit is in compliance with applicable building standards.
(c) An application for a permit pursuant to this section shall,
notwithstanding Section 65901 or 65906 or any local ordinance
regulating the issuance of variances or special use permits, be
considered ministerially, without discretionary review or a hearing.
A permit shall be issued within 120 days of submission of an
application for a permit pursuant to this section. A local agency may
charge a fee to reimburse the local agency for costs incurred in
connection with the issuance of a permit pursuant to this section.
(d) For the purposes of any fire or life protection ordinance or
regulation, a junior accessory dwelling unit shall not be considered
a separate or new dwelling unit. This section shall not be construed
to prohibit a city, county, city and county, or other local public
entity from adopting an ordinance or regulation relating to fire and
life protection requirements within a single-family residence that
contains a junior accessory dwelling unit so long as the ordinance or
regulation applies uniformly to all single-family residences within
the zone regardless of whether the single-family residence includes a
junior accessory dwelling unit or not.
(e) For the purposes of providing service for water, sewer, or
power, including a connection fee, a junior accessory dwelling unit
shall not be considered a separate or new dwelling unit.
(f) This section shall not be construed to prohibit a local agency
from adopting an ordinance or regulation, related to parking or a
service or a connection fee for water, sewer, or power, that applies
to a single-family residence that contains a junior accessory
dwelling unit, so long as that ordinance or regulation applies
uniformly to all single-family residences regardless of whether the
single-family residence includes a junior accessory dwelling unit.
(g) For purposes of this section, the following terms have the
following meanings:
(1) "Junior accessory dwelling unit" means a unit that is no more
than 500 square feet in size and contained entirely within an
existing single-family structure. A junior accessory dwelling unit
may include separate sanitation facilities, or may share sanitation
facilities with the existing structure.
(2) "Local agency" means a city, county, or city and county,
whether general law or chartered.
SEC. 2. This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
In order to allow local jurisdictions the ability to promulgate
ordinances that create secure income for homeowners and secure
housing for renters, at the earliest possible time, it is necessary
for this act to take effect immediately.
