Bill Text: CA SB9 | 2025-2026 | Regular Session | Amended

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

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Bill Title: Accessory Dwelling Units: ordinances.

Sponsorship: Partisan Bill (Democrat 2)

Status: (Passed) 2025-10-10 - Chaptered by Secretary of State. Chapter 510, Statutes of 2025. [SB9 Detail]

Download: California-2025-SB9-Amended.html

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Amended  IN  Senate  May 08, 2025

Amended  IN  Senate  April 28, 2025

Amended  IN  Senate  April 24, 2025

CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION

Senate Bill

No. 9

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Introduced by Senator Arreguín

December 02, 2024

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An act to amend Sections 66315 and 66322 Section 66316 of the Government Code, relating to land use.

LEGISLATIVE COUNSEL'S DIGEST

SB 9, as amended, Arreguín. Accessory Dwelling Units: owner-occupant requirements. ordinances.

The Planning and Zoning Law provides for the creation of an accessory dwelling unit by local ordinance, or, if a local agency has not adopted an ordinance, by ministerial approval, in accordance with specified standards. The law requires a local agency to submit an accessory dwelling unit ordinance to the Department of Housing and Community Development within 60 days after adoption. The law authorizes the department to submit written findings to a local agency as to whether the ordinance complies with the standards. If the department finds that the ordinance does not comply with the standards, the law requires the department to provide a local agency reasonable time, no longer than 30 days, to respond to its findings. If the local agency does not amend its ordinance in response to those findings or does not adopt a resolution with findings explaining the reason the ordinance complies with the standards and addressing the department’s findings, the law requires the department to notify the local agency and authorizes the department to notify the Attorney General that the local agency is in violation of state law.

This bill would invalidate the ordinance if the local agency fails to submit a copy of the ordinance to the department within 60 days of adoption or fails to respond to the department’s findings that the ordinance does not comply with the standards within 30 days, as described above.

The Planning and Zoning Law provides for the creation of an accessory dwelling unit by local ordinance, or, if a local agency has not adopted an ordinance, by ministerial approval, in accordance with specified standards. The law prohibits a local agency from imposing an owner-occupant requirement or any additional standards, except as specified, when evaluating a proposed accessory dwelling unit on a lot that includes a proposed or existing single-family dwelling. The law also prohibits a local agency from imposing parking standards for an accessory dwelling unit, as specified, whether or not the local agency has adopted a local ordinance pursuant to these provisions.

This bill would additionally prohibit a local agency from imposing an owner-occupant requirement for a proposed or existing accessory dwelling unit whether or not the local agency has adopted a local ordinance pursuant to these provisions.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 Section 66316 of the Government Code is amended to read:

66316.

 (a) An existing accessory dwelling unit ordinance governing the creation of an accessory dwelling unit by a local agency or an accessory dwelling ordinance adopted by a local agency 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 article. If

(b) If a local agency has an existing accessory dwelling unit ordinance that fails to meet the requirements of this article, that ordinance shall be null and void and that agency shall thereafter apply the standards established in this article for the approval of accessory dwelling units, unless and until the agency adopts an ordinance that complies with this article.

(c) If a local agency fails to submit a copy of its ordinance to the Department of Housing and Community Development within 60 days of adoption pursuant to Section 66326, or fails to respond to the department’s findings that the local ordinance does not comply with this article within 30 days pursuant to Section 66326, that ordinance shall be null and void and that agency shall thereafter apply the standards established in this article for the approval of accessory dwelling units, unless and until the agency adopts an ordinance that complies with this article.

SECTION 1.Section 66315 of the Government Code is amended to read:

66315.

Section 66314 establishes the maximum standards that a local agency shall use to evaluate a proposed accessory dwelling unit on a lot that includes a proposed or existing single-family dwelling. No additional standards, other than those provided in Section 66314, shall be used or imposed, except that a local agency may require that the property may be used for rentals of terms 30 days or longer.

SEC. 2.Section 66322 of the Government Code is amended to read:

66322.

Notwithstanding any other law, and whether or not the local agency has adopted an ordinance governing accessory dwelling units in accordance with Section 66314, all of the following shall apply:

(a)A local agency shall not impose any parking standards for an accessory dwelling unit in any of the following instances:

(1)Where the accessory dwelling unit is located within one-half of one mile walking distance of public transit.

(2)Where the accessory dwelling unit is located within an architecturally and historically significant historic district.

(3)Where the accessory dwelling unit is part of the proposed or existing primary residence or an 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.

(6)When a permit application for an accessory dwelling unit is submitted with a permit application to create a new single-family dwelling or a new multifamily dwelling on the same lot, provided that the accessory dwelling unit or the parcel satisfies any other criteria listed in this subdivision.

(b)A local agency shall not impose an owner-occupancy requirement for a proposed or existing accessory dwelling unit.

(c)The local agency shall not deny an application for a permit to create an accessory dwelling unit due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the accessory dwelling unit.