SB 1069: Land use: zoning.
- Session Year: 2015-2016
- House: Senate
- Latest Version Date: 2016-09-27
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. That law makes findings and declarations with respect to the value of 2nd units to Californias housing supply.
This bill would replace the term second unit with accessory dwelling unit throughout the law. The bill would additionally find and declare that, among other things, allowing accessory dwelling units in single-family or multifamily residential zones provides additional rental housing stock, and these units are an essential component of housing supply in California.
The Planning and Zoning Law authorizes the ordinance for the creation of 2nd units in single-family and multifamily residential zones to include specified provisions regarding areas where accessory dwelling units may be located, standards, including the imposition of parking standards, and lot density. Existing law, when a local agency has not adopted an ordinance governing 2nd units as so described, requires the local agency to approve or disapprove the application ministerially, as provided.
This bill would instead require the ordinance for the creation of accessory dwelling units to include the provisions described above. The bill would prohibit the imposition of parking standards under specified circumstances. The bill would revise requirements for the approval or disapproval of an accessory dwelling unit application when a local agency has not adopted an ordinance. The bill would also require the ministerial approval of an application for a building permit to create one accessory dwelling unit within the existing space of a single-family residence or accessory structure, as specified. The bill would prohibit a local agency from requiring an applicant for this permit to install a new or separate utility connection directly between the unit and the utility or imposing a related connection fee or capacity charge. The bill would authorize a local agency to impose this requirement for other accessory dwelling units.
This bill would incorporate additional changes in Section 65852.2 of the Government Code proposed by AB 2299 that would become operative only if AB 2299 and this bill are both chaptered and become effective on or before January 1, 2017, and this bill is chaptered last.
By increasing the duties of local officials, 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.
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. That law makes findings and declarations with respect to the value of 2nd units to Californias housing supply.
This bill would replace the term second unit with accessory dwelling unit throughout the law. The bill would additionally find and declare that, among other things, allowing accessory dwelling units in single-family or multifamily residential zones provides additional rental housing stock, and these units are an essential component of housing supply in California.
The Planning and Zoning Law authorizes the ordinance for the creation of 2nd units in single-family and multifamily residential zones to include specified provisions regarding areas where accessory dwelling units may be located, standards, including the imposition of parking standards, and lot density. Existing law, when a local agency has not adopted an ordinance governing 2nd units as so described, requires the local agency to approve or disapprove the application ministerially, as provided.
This bill would instead require the ordinance for the creation of accessory dwelling units to include the provisions described above. The bill would prohibit the imposition of parking standards under specified circumstances. The bill would revise requirements for the approval or disapproval of an accessory dwelling unit application when a local agency has not adopted an ordinance. The bill would also require the ministerial approval of an application for a building permit to create one accessory dwelling unit within the existing space of a single-family residence or accessory structure, as specified. The bill would prohibit a local agency from requiring an applicant for this permit to install a new or separate utility connection directly between the unit and the utility or imposing a related connection fee or capacity charge. The bill would authorize a local agency to impose this requirement for other accessory dwelling units.
This bill would incorporate additional changes in Section 65852.2 of the Government Code proposed by AB 2299 that would become operative only if AB 2299 and this bill are both chaptered and become effective on or before January 1, 2017, and this bill is chaptered last.
By increasing the duties of local officials, 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.
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. That law makes findings and declarations with respect to the value of 2nd units to Californias housing supply.
This bill would replace the term second unit with accessory dwelling unit throughout the law. The bill would additionally find and declare that, among other things, allowing accessory dwelling units in single-family or multifamily residential zones provides additional rental housing stock, and these units are an essential component of housing supply in California.
The Planning and Zoning Law authorizes the ordinance for the creation of 2nd units in single-family and multifamily residential zones to include specified provisions regarding areas where accessory dwelling units may be located, standards, including the imposition of parking standards, and lot density. Existing law, when a local agency has not adopted an ordinance governing 2nd units as so described, requires the local agency to approve or disapprove the application ministerially, as provided.
This bill would instead require the ordinance for the creation of accessory dwelling units to include the provisions described above. The bill would prohibit the imposition of parking standards under specified circumstances. The bill would revise requirements for the approval or disapproval of an accessory dwelling unit application when a local agency has not adopted an ordinance. The bill would also require the ministerial approval of an application for a building permit to create one accessory dwelling unit within the existing space of a single-family residence or accessory structure, as specified. The bill would prohibit a local agency from requiring an applicant for this permit to install a new or separate utility connection directly between the unit and the utility or imposing a related connection fee or capacity charge. The bill would authorize a local agency to impose this requirement for other accessory dwelling units.
This bill would incorporate additional changes in Section 65852.2 of the Government Code proposed by AB 2299 that would become operative only if AB 2299 and this bill are both chaptered and become effective on or before January 1, 2017, and this bill is chaptered last.
By increasing the duties of local officials, 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.
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. That law makes findings and declarations with respect to the value of 2nd units to Californias housing supply.
This bill would replace the term second unit with accessory dwelling unit throughout the law. The bill would additionally find and declare that, among other things, allowing accessory dwelling units in single-family or multifamily residential zones provides additional rental housing stock, and these units are an essential component of housing supply in California.
The Planning and Zoning Law authorizes the ordinance for the creation of 2nd units in single-family and multifamily residential zones to include specified provisions regarding areas where accessory dwelling units may be located, standards, including the imposition of parking standards, and lot density. Existing law, when a local agency has not adopted an ordinance governing 2nd units as so described, requires the local agency to approve or disapprove the application ministerially, as provided.
This bill would instead require the ordinance for the creation of accessory dwelling units to include the provisions described above. The bill would prohibit the imposition of parking standards under specified circumstances. The bill would revise requirements for the approval or disapproval of an accessory dwelling unit application when a local agency has not adopted an ordinance. The bill would also require the ministerial approval of an application for a building permit to create one accessory dwelling unit within the existing space of a single-family residence or accessory structure, as specified. The bill would prohibit a local agency from requiring an applicant for this permit to install a new or separate utility connection directly between the unit and the utility or imposing a related connection fee or capacity charge. The bill would authorize a local agency to impose this requirement for other accessory dwelling units.
By increasing the duties of local officials, 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.
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. That law makes findings and declarations with respect to the value of 2nd units to Californias housing supply.
This bill would replace the term second unit with accessory dwelling unit throughout the law. The bill would additionally find and declare that, among other things, allowing accessory dwelling units in single-family or multifamily residential zones provides additional rental housing stock stock, and these units are an essential component of housing supply in California.
The Planning and Zoning Law authorizes the ordinance for the creation of 2nd units in single-family and multifamily residential zones to include specified provisions regarding areas where accessory dwelling units may be located, standards, including the imposition of parking standards, and lot density. Existing law, when a local agency has not adopted an ordinance governing 2nd units as so described, requires the local agency to approve or disapprove the application ministerially, as provided.
This bill would instead require the ordinance for the creation of accessory dwelling units to include the provisions described above. The bill would prohibit the imposition of parking standards under specified circumstances. The bill would revise requirements for the approval or disapproval of an accessory dwelling unit application when a local agency has not adopted an ordinance. The bill would also require the ministerial approval of an application for a building permit to create an one accessory dwelling unit within the existing space of a single family single-family residence or accessory structure, as specified. The bill would prohibit a local agency from requiring an applicant for this permit to install a new or separate utility connection directly between the unit and the utility or imposing a related connection fee or capacity charge. The bill would authorize a local agency to impose this requirement for other accessory dwelling units.
By increasing the duties of local officials, 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.
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. That law makes findings and declarations with respect to the value of 2nd units to Californias housing supply.
This bill would replace the term second unit with accessory dwelling unit throughout the law. The bill would add to those findings and declarations additionally find and declare that, among other things, allowing accessory dwelling units in single-family or multifamily residential zones provides additional rental housing stock and these units are an essential component of housing supply in California.
The Planning and Zoning Law authorizes the ordinance for the creation of 2nd units in single-family and multifamily residential zones to include specified provisions regarding areas where accessory dwelling units may be located, standards, including the imposition of parking standards, and lot density. Existing law, when a local agency has not adopted an ordinance governing 2nd units as so described, requires the local agency to approve or disapprove the application ministerially, as provided.
This bill would instead require the ordinance for the creation of accessory dwelling units to include the provisions described above. The bill would prohibit the imposition of parking standards under specified circumstances. The bill would revise requirements for the approval or disapproval of an accessory dwelling unit application when a local agency has not adopted an ordinance. The bill would also require the ministerial approval of an application for a building permit to create an accessory dwelling unit within the existing space of a single family residence or accessory structure, as specified.
By increasing the duties of local officials, 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.
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. That law makes findings and declarations with respect to the value of 2nd units to Californias housing supply.
This bill would replace the term second unit with accessory dwelling unit throughout the law. The bill would add to those findings and declarations that that, among other things, allowing accessory dwelling units in single-family or multifamily residential zones provides additional rental housing stock and these units are an essential component of housing supply in California.
The Planning and Zoning Law authorizes the ordinance for the creation of 2nd units in single-family and multifamily residential zones to include specified provisions regarding areas where accessory dwelling units may be located, standards, including the imposition of parking standards, and lot density. Existing law, when a local agency has not adopted an ordinance governing 2nd units as so described, requires the local agency to approve or disapprove the application ministerially, as provided.
This bill would instead require an the ordinance for the creation of accessory dwelling units to include specified provisions regarding areas where accessory dwelling units may be located, standards, and lot density. the provisions described above. The bill would prohibit the imposition of parking standards under specified circumstances. The bill would revise requirements for the approval or disapproval of an accessory dwelling unit application when a local agency has not adopted an ordinance. The bill would also require the ministerial approval of an application for a building permit to create an accessory dwelling unit within the existing space of a single family residence or accessory structure, as specified. By
By increasing the duties of local officials, 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.
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. That law makes findings and declarations with respect to the value of 2nd units to Californias housing supply.
This bill would replace the term second unit with accessory dwelling unit throughout the law. The bill would add to those findings and declarations that allowing accessory dwelling units in single-family or multifamily residential zones provides additional rental housing stock and these units are an essential component of housing supply in California.
This bill would require an ordinance for the creation of accessory dwelling units to include specified provisions regarding areas where accessory dwelling units may be located, standards, and lot density. This The bill would revise requirements for the approval or disapproval of an accessory dwelling unit application when a local agency has not adopted an ordinance. The bill would also require the ministerial approval of an application for a building permit to create an accessory dwelling unit within the existing space of a single family residence or accessory structure, as specified. By increasing the duties of local officials, 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.
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. That law makes findings and declarations with respect to the value of 2nd units to Californias housing supply.
This bill would replace the term second unit with accessory dwelling unit throughout the law. The bill would add to those findings and declarations that allowing 2nd accessory dwelling units in single-family or multifamily residential zones provides additional rental housing stock and are an essential component of housing supply in California.
This bill would require an ordinance for the creation of accessory dwelling units to include specified provisions regarding areas where accessory dwelling units may be located, standards, and lot density. This bill would revise requirements for the approval or disapproval of an accessory dwelling unit application when a local agency has not adopted an ordinance. By increasing the duties of local officials, 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.
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. That law makes findings and declarations with respect to the value of 2nd units to Californias housing supply.
This bill would add to those findings and declarations that allowing 2nd units in single-family or multifamily residential zones provides additional rental housing stock in California.
The Legislature finds and declares that it has provided reforms and incentives to facilitate and expedite the construction of affordable housing. Those reforms and incentives can be found in the following provisions:
(a)Housing element law (Article 10.6 (commencing with Section 65580) of Chapter 3).
(b)Extension of statute of limitations in actions challenging the housing element and brought in support of affordable housing (subdivision (d) of Section 65009).
(c)Restrictions on disapproval of housing developments (Section 65589.5).
(d)Priority for affordable housing in the allocation of water and sewer hookups (Section 65589.7).
(e)Least cost zoning law (Section 65913.1).
(f)Density bonus law (Section 65915).
(g)Accessory dwelling units (Sections 65852.150 and 65852.2).
(h)By-right housing, in which certain multifamily housing are designated a permitted use (Section 65589.4).
(i)No-net-loss-in zoning density law limiting downzonings and density reductions (Section 65863).
(j)Requiring persons who sue to halt affordable housing to pay attorney fees (Section 65914) or post a bond (Section 529.2 of the Code of Civil Procedure).
(k)Reduced time for action on affordable housing applications under the approval of development permits process (Article 5 (commencing with Section 65950) of Chapter 4.5).
(l)Limiting moratoriums on multifamily housing (Section 65858).
(m)Prohibiting discrimination against affordable housing (Section 65008).
(n)California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3).
(o)Community redevelopment law (Part 1 (commencing with Section 33000) of Division 24 of the Health and Safety Code, and in particular Sections 33334.2 and 33413).
SEC. 2.Section 65583.1 of the Government Code is amended to read:65583.1.(a)The Department of Housing and Community Development, in evaluating a proposed or adopted housing element for substantial compliance with this article, may allow a city or county to identify adequate sites, as required pursuant to Section 65583, by a variety of methods, including, but not limited to, redesignation of property to a more intense land use category and increasing the density allowed within one or more categories. The department may also allow a city or county to identify sites for accessory dwelling units based on the number of accessory dwelling units developed in the prior housing element planning period whether or not the units are permitted by right, the need for these units in the community, the resources or incentives available for their development, and any other relevant factors, as determined by the department. Nothing in this section reduces the responsibility of a city or county to identify, by income category, the total number of sites for residential development as required by this article.
(b)Sites that contain permanent housing units located on a military base undergoing closure or conversion as a result of action pursuant to the Defense Authorization Amendments and Base Closure and Realignment Act (Public Law 100-526), the Defense Base Closure and Realignment Act of 1990 (Public Law 101-510), or any subsequent act requiring the closure or conversion of a military base may be identified as an adequate site if the housing element demonstrates that the housing units will be available for occupancy by households within the planning period of the element. No sites containing housing units scheduled or planned for demolition or conversion to nonresidential uses shall qualify as an adequate site.
Any city, city and county, or county using this subdivision shall address the progress in meeting this section in the reports provided pursuant to paragraph (1) of subdivision (b) of Section 65400.
(c)(1)The Department of Housing and Community Development may allow a city or county to substitute the provision of units for up to 25 percent of the communitys obligation to identify adequate sites for any income category in its housing element pursuant to paragraph (1) of subdivision (c) of Section 65583 where the community includes in its housing element a program committing the local government to provide units in that income category within the city or county that will be made available through the provision of committed assistance during the planning period covered by the element to low- and very low income households at affordable housing costs or affordable rents, as defined in Sections 50052.5 and 50053 of the Health and Safety Code, and which meet the requirements of paragraph (2). Except as otherwise provided in this subdivision, the community may substitute one dwelling unit for one dwelling unit site in the applicable income category. The program shall do all of the following:
(A)Identify the specific, existing sources of committed assistance and dedicate a specific portion of the funds from those sources to the provision of housing pursuant to this subdivision.
(B)Indicate the number of units that will be provided to both low- and very low income households and demonstrate that the amount of dedicated funds is sufficient to develop the units at affordable housing costs or affordable rents.
(C)Demonstrate that the units meet the requirements of paragraph (2).
(2)Only units that comply with subparagraph (A), (B), or (C) qualify for inclusion in the housing element program described in paragraph (1), as follows:
(A)Units that are to be substantially rehabilitated with committed assistance from the city or county and constitute a net increase in the communitys stock of housing affordable to low- and very low income households. For purposes of this subparagraph, a unit is not eligible to be substantially rehabilitated unless all of the following requirements are met:
(i)At the time the unit is identified for substantial rehabilitation, (I) the local government has determined that the unit is at imminent risk of loss to the housing stock, (II) the local government has committed to provide relocation assistance pursuant to Chapter 16 (commencing with Section 7260) of Division 7 of Title 1 to any occupants temporarily or permanently displaced by the rehabilitation or code enforcement activity, or the relocation is otherwise provided prior to displacement either as a condition of receivership, or provided by the property owner or the local government pursuant to Article 2.5 (commencing with Section 17975) of Chapter 5 of Part 1.5 of Division 13 of the Health and Safety Code, or as otherwise provided by local ordinance; provided the assistance includes not less than the equivalent of four months rent and moving expenses and comparable replacement housing consistent with the moving expenses and comparable replacement housing required pursuant to Section 7260, (III) the local government requires that any displaced occupants will have the right to reoccupy the rehabilitated units, and (IV) the unit has been found by the local government or a court to be unfit for human habitation due to the existence of at least four violations of the conditions listed in subdivisions (a) to (g), inclusive, of Section 17995.3 of the Health and Safety Code.
(ii)The rehabilitated unit will have long-term affordability covenants and restrictions that require the unit to be available to, and occupied by, persons or families of low- or very low income at affordable housing costs for at least 20 years or the time period required by any applicable federal or state law or regulation.
(iii)Prior to initial occupancy after rehabilitation, the local code enforcement agency shall issue a certificate of occupancy indicating compliance with all applicable state and local building code and health and safety code requirements.
(B)Units that are located either on foreclosed property or in a multifamily rental or ownership housing complex of three or more units, are converted with committed assistance from the city or county from nonaffordable to affordable by acquisition of the unit or the purchase of affordability covenants and restrictions for the unit, are not acquired by eminent domain, and constitute a net increase in the communitys stock of housing affordable to low- and very low income households. For purposes of this subparagraph, a unit is not converted by acquisition or the purchase of affordability covenants unless all of the following occur:
(i)The unit is made available for rent at a cost affordable to low- or very low income households.
(ii)At the time the unit is identified for acquisition, the unit is not available at an affordable housing cost to either of the following:
(I)Low-income households, if the unit will be made affordable to low-income households.
(II)Very low income households, if the unit will be made affordable to very low income households.
(iii)At the time the unit is identified for acquisition the unit is not occupied by low- or very low income households or if the acquired unit is occupied, the local government has committed to provide relocation assistance prior to displacement, if any, pursuant to Chapter 16 (commencing with Section 7260) of Division 7 of Title 1 to any occupants displaced by the conversion, or the relocation is otherwise provided prior to displacement; provided the assistance includes not less than the equivalent of four months rent and moving expenses and comparable replacement housing consistent with the moving expenses and comparable replacement housing required pursuant to Section 7260.
(iv)The unit is in decent, safe, and sanitary condition at the time of occupancy.
(v)The unit has long-term affordability covenants and restrictions that require the unit to be affordable to persons of low- or very low income for not less than 55 years.
(vi)For units located in multifamily ownership housing complexes with three or more units, or on or after January 1, 2015, on foreclosed properties, at least an equal number of new-construction multifamily rental units affordable to lower income households have been constructed in the city or county within the same planning period as the number of ownership units to be converted.
(C)Units that will be preserved at affordable housing costs to persons or families of low- or very low incomes with committed assistance from the city or county by acquisition of the unit or the purchase of affordability covenants for the unit. For purposes of this subparagraph, a unit shall not be deemed preserved unless all of the following occur:
(i)The unit has long-term affordability covenants and restrictions that require the unit to be affordable to, and reserved for occupancy by, persons of the same or lower income group as the current occupants for a period of at least 40 years.
(ii)The unit is within an assisted housing development, as defined in paragraph (3) of subdivision (a) of Section 65863.10.
(iii)The city or county finds, after a public hearing, that the unit is eligible, and is reasonably expected, to change from housing affordable to low- and very low income households to any other use during the next five years due to termination of subsidy contracts, mortgage prepayment, or expiration of restrictions on use.
(iv)The unit is in decent, safe, and sanitary condition at the time of occupancy.
(v)At the time the unit is identified for preservation it is available at affordable cost to persons or families of low- or very low income.
(3)This subdivision does not apply to any city or county that, during the current or immediately prior planning period, as defined by Section 65588, has not met any of its share of the regional need for affordable housing, as defined in Section 65584, for low- and very low income households. A city or county shall document for any housing unit that a building permit has been issued and all development and permit fees have been paid or the unit is eligible to be lawfully occupied.
(4)For purposes of this subdivision, committed assistance means that the city or county enters into a legally enforceable agreement during the period from the beginning of the projection period until the end of the second year of the planning period that obligates sufficient available funds to provide the assistance necessary to make the identified units affordable and that requires that the units be made available for occupancy within two years of the execution of the agreement. Committed assistance does not include tenant-based rental assistance.
(5)For purposes of this subdivision, net increase includes only housing units provided committed assistance pursuant to subparagraph (A) or (B) of paragraph (2) in the current planning period, as defined in Section 65588, that were not provided committed assistance in the immediately prior planning period.
(6)For purposes of this subdivision, the time the unit is identified means the earliest time when any city or county agent, acting on behalf of a public entity, has proposed in writing or has proposed orally or in writing to the property owner, that the unit be considered for substantial rehabilitation, acquisition, or preservation.
(7)In the third year of the planning period, as defined by Section 65588, in the report required pursuant to Section 65400, each city or county that has included in its housing element a program to provide units pursuant to subparagraph (A), (B), or (C) of paragraph (2) shall report in writing to the legislative body, and to the department within 30 days of making its report to the legislative body, on its progress in providing units pursuant to this subdivision. The report shall identify the specific units for which committed assistance has been provided or which have been made available to low- and very low income households, and it shall adequately document how each unit complies with this subdivision. If, by July 1 of the third year of the planning period, the city or county has not entered into an enforceable agreement of committed assistance for all units specified in the programs adopted pursuant to subparagraph (A), (B), or (C) of paragraph (2), the city or county shall, not later than July 1 of the fourth year of the planning period, adopt an amended housing element in accordance with Section 65585, identifying additional adequate sites pursuant to paragraph (1) of subdivision (c) of Section 65583 sufficient to accommodate the number of units for which committed assistance was not provided. If a city or county does not amend its housing element to identify adequate sites to address any shortfall, or fails to complete the rehabilitation, acquisition, purchase of affordability covenants, or the preservation of any housing unit within two years after committed assistance was provided to that unit, it shall be prohibited from identifying units pursuant to subparagraph (A), (B), or (C) of paragraph (2) in the housing element that it adopts for the next planning period, as defined in Section 65588, above the number of units actually provided or preserved due to committed assistance.
(d)A city or county may reduce its share of the regional housing need by the number of units built between the start of the projection period and the deadline for adoption of the housing element. If the city or county reduces its share pursuant to this subdivision, the city or county shall include in the housing element a description of the methodology for assigning those housing units to an income category based on actual or projected sales price, rent levels, or other mechanisms establishing affordability.
SEC. 3.Section 65589.4 of the Government Code is amended to read:65589.4.(a)An attached housing development shall be a permitted use not subject to a conditional use permit on any parcel zoned for an attached housing development if local law so provides or if it satisfies the requirements of subdivision (b) and either of the following:
(1)The attached housing development satisfies the criteria of Section 21159.22, 21159.23, or 21159.24 of the Public Resources Code.
(2)The attached housing development meets all of the following criteria:
(A)The attached housing development is subject to a discretionary decision other than a conditional use permit and a negative declaration or mitigated negative declaration has been adopted for the attached housing development under the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code). If no public hearing is held with respect to the discretionary decision, then the negative declaration or mitigated negative declaration for the attached housing development may be adopted only after a public hearing to receive comments on the negative declaration or mitigated negative declaration.
(B)The attached housing development is consistent with both the jurisdictions zoning ordinance and general plan as it existed on the date the application was deemed complete, except that an attached housing development shall not be deemed to be inconsistent with the zoning designation for the site if that zoning designation is inconsistent with the general plan only because the attached housing development site has not been rezoned to conform with the most recent adopted general plan.
(C)The attached housing development is located in an area that is covered by one of the following documents that has been adopted by the jurisdiction within five years of the date the application for the attached housing development was deemed complete:
(i)A general plan.
(ii)A revision or update to the general plan that includes at least the land use and circulation elements.
(iii)An applicable community plan.
(iv)An applicable specific plan.
(D)The attached housing development consists of not more than 100 residential units with a minimum density of not less than 12 units per acre or a minimum density of not less than eight units per acre if the attached housing development consists of four or fewer units.
(E)The attached housing development is located in an urbanized area as defined in Section 21071 of the Public Resources Code or within a census-defined place with a population density of at least 5,000 persons per square mile or, if the attached housing development consists of 50 or fewer units, within an incorporated city with a population density of at least 2,500 persons per square mile and a total population of at least 25,000 persons.
(F)The attached housing development is located on an infill site as defined in Section 21061.0.5 of the Public Resources Code.
(b)At least 10 percent of the units of the attached housing development shall be available at affordable housing cost to very low income households, as defined in Section 50105 of the Health and Safety Code, or at least 20 percent of the units of the attached housing development shall be available at affordable housing cost to lower income households, as defined in Section 50079.5 of the Health and Safety Code, or at least 50 percent of the units of the attached housing development available at affordable housing cost to moderate-income households, consistent with Section 50052.5 of the Health and Safety Code. The developer of the attached housing development shall provide sufficient legal commitments to the local agency to ensure the continued availability and use of the housing units for very low, low-, or moderate-income households for a period of at least 30 years.
(c)Nothing in this section shall prohibit a local agency from applying design and site review standards in existence on the date the application was deemed complete.
(d)The provisions of this section are independent of any obligation of a jurisdiction pursuant to subdivision (c) of Section 65583 to identify multifamily sites developable by right.
(e)This section does not apply to the issuance of coastal development permits pursuant to the California Coastal Act (Division 20 (commencing with Section 30000) of the Public Resources Code).
(f)This section does not relieve a public agency from complying with the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) or relieve an applicant or public agency from complying with the Subdivision Map Act (Division 2 (commencing with Section 66473)).
(g)This section is applicable to all cities and counties, including charter cities, because the Legislature finds that the lack of affordable housing is of vital statewide importance, and thus a matter of statewide concern.
(h)For purposes of this section, attached housing development means a newly constructed or substantially rehabilitated structure containing two or more dwelling units and consisting only of residential units, but does not include an accessory dwelling unit, as defined by paragraph (4) of subdivision (j) of Section 65852.2, or the conversion of an existing structure to condominiums.
SEC. 4.Section 65852.150 of the Government Code is amended to read:65852.150.(a)The Legislature finds and declares all of the following:
(1)Accessory dwelling units are a valuable form of housing in California.
(2)Accessory dwelling units provide housing for family members, students, the elderly, in-home health care providers, the disabled, and others, at below market prices within existing neighborhoods.
(3)Homeowners who create accessory dwelling units benefit from added income, and an increased sense of security.
(4)Allowing accessory dwelling units in single-family or multifamily residential zones provides additional rental housing stock in California.
(5)California faces a severe housing crisis.
(6)The state is falling far short of meeting current and future housing demand with serious consequences for the states economy, our ability to build green infill consistent with state greenhouse gas reduction goals, and the well-being of our citizens, particularly lower and middle-income earners.
(7)Accessory dwelling units offer lower cost housing to meet the needs of existing and future residents within existing neighborhoods, while respecting architectural character.
(8)Accessory dwelling units are, therefore, an essential component of Californias housing supply.
(b)It is the intent of the Legislature that an accessory dwelling unit ordinance adopted by a local agency has the effect of providing for the creation of accessory dwelling units and that provisions in this ordinance relating to matters including unit size, parking, fees, and other requirements, are not so arbitrary, excessive, or burdensome so as to unreasonably restrict the ability of homeowners to create accessory dwelling units in zones in which they are authorized by local ordinance.
SEC. 5.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, 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)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.
(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 of submittal of a complete building permit 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 200102 Regular Session of the Legislature, including the costs of adopting or amending any ordinance that provides for the creation of accessory dwelling units.
(b)(1)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 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 ministerially approve the creation of an accessory dwelling unit if the accessory dwelling unit complies with all of the following:
(A)The unit is not intended for sale separate from the primary residence 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 accessory dwelling 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 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.
(F)The total area of floorspace for a detached accessory dwelling 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 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 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), 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 or that the property be used for rentals of terms longer than 30 days.
(4)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.
(5)An accessory dwelling unit that conforms to this subdivision 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.
(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 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 that does not otherwise 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.
(d)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. 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 fire and life safety conditions. This subdivision shall not apply to a unit that is described in subdivision (e).
(e)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.
(f)Notwithstanding subdivisions (a) to (e), 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.
(g)(1)Fees charged for the construction of accessory dwelling units shall be determined in accordance with Chapter 5 (commencing with Section 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 (f), 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 (f), 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.
(h)This section does not limit the authority of local agencies to adopt less restrictive requirements for the creation of accessory dwelling units.
(i)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.
(j)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.
(k)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. 5.5.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)(i)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.
(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 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.
(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, 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 200102 Regular Session of the Legislature, including the costs of adopting or amending any ordinance that provides for the creation of an accessory dwelling unit.
(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.
(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 a proposed accessory dwelling unit on a lot zoned for residential use that contains 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 or that the property be used for rentals of terms longer than 30 days.
(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 an accessory dwelling unit 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 unit 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 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.
(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 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 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.
(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 accessory dwelling units shall be determined in accordance with Chapter 5 (commencing with Section 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 an accessory dwelling unit.
(h)Local agencies shall submit a copy of the ordinance adopted pursuant to subdivision (a) 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 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.
(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 accessory dwelling units.
SEC. 6.Section 66412.2 of the Government Code is amended to read:66412.2.This division shall not apply to the construction, financing, or leasing of dwelling units pursuant to Section 65852.1 or accessory dwelling units pursuant to Section 65852.2, but this division shall be applicable to the sale or transfer, but not leasing, of those units.
SEC. 7.Section 5.5 of this bill incorporates amendments to Section 65852.2 of the Government Code proposed by both this bill and Assembly Bill 2299. 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 Assembly Bill 2299, in which case Section 5 of this bill shall not become operative.
SEC. 8.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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.
The Legislature finds and declares that it has provided reforms and incentives to facilitate and expedite the construction of affordable housing. Those reforms and incentives can be found in the following provisions:
(a)Housing element law (Article 10.6 (commencing with Section 65580) of Chapter 3).
(b)Extension of statute of limitations in actions challenging the housing element and brought in support of affordable housing (subdivision (d) of Section 65009).
(c)Restrictions on disapproval of housing developments (Section 65589.5).
(d)Priority for affordable housing in the allocation of water and sewer hookups (Section 65589.7).
(e)Least cost zoning law (Section 65913.1).
(f)Density bonus law (Section 65915).
(g)Accessory dwelling units (Sections 65852.150 and 65852.2).
(h)By-right housing, in which certain multifamily housing are designated a permitted use (Section 65589.4).
(i)No-net-loss-in zoning density law limiting downzonings and density reductions (Section 65863).
(j)Requiring persons who sue to halt affordable housing to pay attorney fees (Section 65914) or post a bond (Section 529.2 of the Code of Civil Procedure).
(k)Reduced time for action on affordable housing applications under the approval of development permits process (Article 5 (commencing with Section 65950) of Chapter 4.5).
(l)Limiting moratoriums on multifamily housing (Section 65858).
(m)Prohibiting discrimination against affordable housing (Section 65008).
(n)California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3).
(o)Community redevelopment law (Part 1 (commencing with Section 33000) of Division 24 of the Health and Safety Code, and in particular Sections 33334.2 and 33413).
SEC. 2.Section 65583.1 of the Government Code is amended to read:65583.1.(a)The Department of Housing and Community Development, in evaluating a proposed or adopted housing element for substantial compliance with this article, may allow a city or county to identify adequate sites, as required pursuant to Section 65583, by a variety of methods, including, but not limited to, redesignation of property to a more intense land use category and increasing the density allowed within one or more categories. The department may also allow a city or county to identify sites for accessory dwelling units based on the number of accessory dwelling units developed in the prior housing element planning period whether or not the units are permitted by right, the need for these units in the community, the resources or incentives available for their development, and any other relevant factors, as determined by the department. Nothing in this section reduces the responsibility of a city or county to identify, by income category, the total number of sites for residential development as required by this article.
(b)Sites that contain permanent housing units located on a military base undergoing closure or conversion as a result of action pursuant to the Defense Authorization Amendments and Base Closure and Realignment Act (Public Law 100-526), the Defense Base Closure and Realignment Act of 1990 (Public Law 101-510), or any subsequent act requiring the closure or conversion of a military base may be identified as an adequate site if the housing element demonstrates that the housing units will be available for occupancy by households within the planning period of the element. No sites containing housing units scheduled or planned for demolition or conversion to nonresidential uses shall qualify as an adequate site.
Any city, city and county, or county using this subdivision shall address the progress in meeting this section in the reports provided pursuant to paragraph (1) of subdivision (b) of Section 65400.
(c)(1)The Department of Housing and Community Development may allow a city or county to substitute the provision of units for up to 25 percent of the communitys obligation to identify adequate sites for any income category in its housing element pursuant to paragraph (1) of subdivision (c) of Section 65583 where the community includes in its housing element a program committing the local government to provide units in that income category within the city or county that will be made available through the provision of committed assistance during the planning period covered by the element to low- and very low income households at affordable housing costs or affordable rents, as defined in Sections 50052.5 and 50053 of the Health and Safety Code, and which meet the requirements of paragraph (2). Except as otherwise provided in this subdivision, the community may substitute one dwelling unit for one dwelling unit site in the applicable income category. The program shall do all of the following:
(A)Identify the specific, existing sources of committed assistance and dedicate a specific portion of the funds from those sources to the provision of housing pursuant to this subdivision.
(B)Indicate the number of units that will be provided to both low- and very low income households and demonstrate that the amount of dedicated funds is sufficient to develop the units at affordable housing costs or affordable rents.
(C)Demonstrate that the units meet the requirements of paragraph (2).
(2)Only units that comply with subparagraph (A), (B), or (C) qualify for inclusion in the housing element program described in paragraph (1), as follows:
(A)Units that are to be substantially rehabilitated with committed assistance from the city or county and constitute a net increase in the communitys stock of housing affordable to low- and very low income households. For purposes of this subparagraph, a unit is not eligible to be substantially rehabilitated unless all of the following requirements are met:
(i)At the time the unit is identified for substantial rehabilitation, (I) the local government has determined that the unit is at imminent risk of loss to the housing stock, (II) the local government has committed to provide relocation assistance pursuant to Chapter 16 (commencing with Section 7260) of Division 7 of Title 1 to any occupants temporarily or permanently displaced by the rehabilitation or code enforcement activity, or the relocation is otherwise provided prior to displacement either as a condition of receivership, or provided by the property owner or the local government pursuant to Article 2.5 (commencing with Section 17975) of Chapter 5 of Part 1.5 of Division 13 of the Health and Safety Code, or as otherwise provided by local ordinance; provided the assistance includes not less than the equivalent of four months rent and moving expenses and comparable replacement housing consistent with the moving expenses and comparable replacement housing required pursuant to Section 7260, (III) the local government requires that any displaced occupants will have the right to reoccupy the rehabilitated units, and (IV) the unit has been found by the local government or a court to be unfit for human habitation due to the existence of at least four violations of the conditions listed in subdivisions (a) to (g), inclusive, of Section 17995.3 of the Health and Safety Code.
(ii)The rehabilitated unit will have long-term affordability covenants and restrictions that require the unit to be available to, and occupied by, persons or families of low- or very low income at affordable housing costs for at least 20 years or the time period required by any applicable federal or state law or regulation.
(iii)Prior to initial occupancy after rehabilitation, the local code enforcement agency shall issue a certificate of occupancy indicating compliance with all applicable state and local building code and health and safety code requirements.
(B)Units that are located either on foreclosed property or in a multifamily rental or ownership housing complex of three or more units, are converted with committed assistance from the city or county from nonaffordable to affordable by acquisition of the unit or the purchase of affordability covenants and restrictions for the unit, are not acquired by eminent domain, and constitute a net increase in the communitys stock of housing affordable to low- and very low income households. For purposes of this subparagraph, a unit is not converted by acquisition or the purchase of affordability covenants unless all of the following occur:
(i)The unit is made available for rent at a cost affordable to low- or very low income households.
(ii)At the time the unit is identified for acquisition, the unit is not available at an affordable housing cost to either of the following:
(I)Low-income households, if the unit will be made affordable to low-income households.
(II)Very low income households, if the unit will be made affordable to very low income households.
(iii)At the time the unit is identified for acquisition the unit is not occupied by low- or very low income households or if the acquired unit is occupied, the local government has committed to provide relocation assistance prior to displacement, if any, pursuant to Chapter 16 (commencing with Section 7260) of Division 7 of Title 1 to any occupants displaced by the conversion, or the relocation is otherwise provided prior to displacement; provided the assistance includes not less than the equivalent of four months rent and moving expenses and comparable replacement housing consistent with the moving expenses and comparable replacement housing required pursuant to Section 7260.
(iv)The unit is in decent, safe, and sanitary condition at the time of occupancy.
(v)The unit has long-term affordability covenants and restrictions that require the unit to be affordable to persons of low- or very low income for not less than 55 years.
(vi)For units located in multifamily ownership housing complexes with three or more units, or on or after January 1, 2015, on foreclosed properties, at least an equal number of new-construction multifamily rental units affordable to lower income households have been constructed in the city or county within the same planning period as the number of ownership units to be converted.
(C)Units that will be preserved at affordable housing costs to persons or families of low- or very low incomes with committed assistance from the city or county by acquisition of the unit or the purchase of affordability covenants for the unit. For purposes of this subparagraph, a unit shall not be deemed preserved unless all of the following occur:
(i)The unit has long-term affordability covenants and restrictions that require the unit to be affordable to, and reserved for occupancy by, persons of the same or lower income group as the current occupants for a period of at least 40 years.
(ii)The unit is within an assisted housing development, as defined in paragraph (3) of subdivision (a) of Section 65863.10.
(iii)The city or county finds, after a public hearing, that the unit is eligible, and is reasonably expected, to change from housing affordable to low- and very low income households to any other use during the next five years due to termination of subsidy contracts, mortgage prepayment, or expiration of restrictions on use.
(iv)The unit is in decent, safe, and sanitary condition at the time of occupancy.
(v)At the time the unit is identified for preservation it is available at affordable cost to persons or families of low- or very low income.
(3)This subdivision does not apply to any city or county that, during the current or immediately prior planning period, as defined by Section 65588, has not met any of its share of the regional need for affordable housing, as defined in Section 65584, for low- and very low income households. A city or county shall document for any housing unit that a building permit has been issued and all development and permit fees have been paid or the unit is eligible to be lawfully occupied.
(4)For purposes of this subdivision, committed assistance means that the city or county enters into a legally enforceable agreement during the period from the beginning of the projection period until the end of the second year of the planning period that obligates sufficient available funds to provide the assistance necessary to make the identified units affordable and that requires that the units be made available for occupancy within two years of the execution of the agreement. Committed assistance does not include tenant-based rental assistance.
(5)For purposes of this subdivision, net increase includes only housing units provided committed assistance pursuant to subparagraph (A) or (B) of paragraph (2) in the current planning period, as defined in Section 65588, that were not provided committed assistance in the immediately prior planning period.
(6)For purposes of this subdivision, the time the unit is identified means the earliest time when any city or county agent, acting on behalf of a public entity, has proposed in writing or has proposed orally or in writing to the property owner, that the unit be considered for substantial rehabilitation, acquisition, or preservation.
(7)In the third year of the planning period, as defined by Section 65588, in the report required pursuant to Section 65400, each city or county that has included in its housing element a program to provide units pursuant to subparagraph (A), (B), or (C) of paragraph (2) shall report in writing to the legislative body, and to the department within 30 days of making its report to the legislative body, on its progress in providing units pursuant to this subdivision. The report shall identify the specific units for which committed assistance has been provided or which have been made available to low- and very low income households, and it shall adequately document how each unit complies with this subdivision. If, by July 1 of the third year of the planning period, the city or county has not entered into an enforceable agreement of committed assistance for all units specified in the programs adopted pursuant to subparagraph (A), (B), or (C) of paragraph (2), the city or county shall, not later than July 1 of the fourth year of the planning period, adopt an amended housing element in accordance with Section 65585, identifying additional adequate sites pursuant to paragraph (1) of subdivision (c) of Section 65583 sufficient to accommodate the number of units for which committed assistance was not provided. If a city or county does not amend its housing element to identify adequate sites to address any shortfall, or fails to complete the rehabilitation, acquisition, purchase of affordability covenants, or the preservation of any housing unit within two years after committed assistance was provided to that unit, it shall be prohibited from identifying units pursuant to subparagraph (A), (B), or (C) of paragraph (2) in the housing element that it adopts for the next planning period, as defined in Section 65588, above the number of units actually provided or preserved due to committed assistance.
(d)A city or county may reduce its share of the regional housing need by the number of units built between the start of the projection period and the deadline for adoption of the housing element. If the city or county reduces its share pursuant to this subdivision, the city or county shall include in the housing element a description of the methodology for assigning those housing units to an income category based on actual or projected sales price, rent levels, or other mechanisms establishing affordability.
SEC. 3.Section 65589.4 of the Government Code is amended to read:65589.4.(a)An attached housing development shall be a permitted use not subject to a conditional use permit on any parcel zoned for an attached housing development if local law so provides or if it satisfies the requirements of subdivision (b) and either of the following:
(1)The attached housing development satisfies the criteria of Section 21159.22, 21159.23, or 21159.24 of the Public Resources Code.
(2)The attached housing development meets all of the following criteria:
(A)The attached housing development is subject to a discretionary decision other than a conditional use permit and a negative declaration or mitigated negative declaration has been adopted for the attached housing development under the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code). If no public hearing is held with respect to the discretionary decision, then the negative declaration or mitigated negative declaration for the attached housing development may be adopted only after a public hearing to receive comments on the negative declaration or mitigated negative declaration.
(B)The attached housing development is consistent with both the jurisdictions zoning ordinance and general plan as it existed on the date the application was deemed complete, except that an attached housing development shall not be deemed to be inconsistent with the zoning designation for the site if that zoning designation is inconsistent with the general plan only because the attached housing development site has not been rezoned to conform with the most recent adopted general plan.
(C)The attached housing development is located in an area that is covered by one of the following documents that has been adopted by the jurisdiction within five years of the date the application for the attached housing development was deemed complete:
(i)A general plan.
(ii)A revision or update to the general plan that includes at least the land use and circulation elements.
(iii)An applicable community plan.
(iv)An applicable specific plan.
(D)The attached housing development consists of not more than 100 residential units with a minimum density of not less than 12 units per acre or a minimum density of not less than eight units per acre if the attached housing development consists of four or fewer units.
(E)The attached housing development is located in an urbanized area as defined in Section 21071 of the Public Resources Code or within a census-defined place with a population density of at least 5,000 persons per square mile or, if the attached housing development consists of 50 or fewer units, within an incorporated city with a population density of at least 2,500 persons per square mile and a total population of at least 25,000 persons.
(F)The attached housing development is located on an infill site as defined in Section 21061.0.5 of the Public Resources Code.
(b)At least 10 percent of the units of the attached housing development shall be available at affordable housing cost to very low income households, as defined in Section 50105 of the Health and Safety Code, or at least 20 percent of the units of the attached housing development shall be available at affordable housing cost to lower income households, as defined in Section 50079.5 of the Health and Safety Code, or at least 50 percent of the units of the attached housing development available at affordable housing cost to moderate-income households, consistent with Section 50052.5 of the Health and Safety Code. The developer of the attached housing development shall provide sufficient legal commitments to the local agency to ensure the continued availability and use of the housing units for very low, low-, or moderate-income households for a period of at least 30 years.
(c)Nothing in this section shall prohibit a local agency from applying design and site review standards in existence on the date the application was deemed complete.
(d)The provisions of this section are independent of any obligation of a jurisdiction pursuant to subdivision (c) of Section 65583 to identify multifamily sites developable by right.
(e)This section does not apply to the issuance of coastal development permits pursuant to the California Coastal Act (Division 20 (commencing with Section 30000) of the Public Resources Code).
(f)This section does not relieve a public agency from complying with the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) or relieve an applicant or public agency from complying with the Subdivision Map Act (Division 2 (commencing with Section 66473)).
(g)This section is applicable to all cities and counties, including charter cities, because the Legislature finds that the lack of affordable housing is of vital statewide importance, and thus a matter of statewide concern.
(h)For purposes of this section, attached housing development means a newly constructed or substantially rehabilitated structure containing two or more dwelling units and consisting only of residential units, but does not include an accessory dwelling unit, as defined by paragraph (4) of subdivision (j) of Section 65852.2, or the conversion of an existing structure to condominiums.
SEC. 4.Section 65852.150 of the Government Code is amended to read:65852.150.(a)The Legislature finds and declares all of the following:
(1)Accessory dwelling units are a valuable form of housing in California.
(2)Accessory dwelling units provide housing for family members, students, the elderly, in-home health care providers, the disabled, and others, at below market prices within existing neighborhoods.
(3)Homeowners who create accessory dwelling units benefit from added income, and an increased sense of security.
(4)Allowing accessory dwelling units in single-family or multifamily residential zones provides additional rental housing stock in California.
(5)California faces a severe housing crisis.
(6)The state is falling far short of meeting current and future housing demand with serious consequences for the states economy, our ability to build green infill consistent with state greenhouse gas reduction goals, and the well-being of our citizens, particularly lower and middle-income earners.
(7)Accessory dwelling units offer lower cost housing to meet the needs of existing and future residents within existing neighborhoods, while respecting architectural character.
(8)Accessory dwelling units are, therefore, an essential component of Californias housing supply.
(b)It is the intent of the Legislature that an accessory dwelling unit ordinance adopted by a local agency has the effect of providing for the creation of accessory dwelling units and that provisions in this ordinance relating to matters including unit size, parking, fees, and other requirements, are not so arbitrary, excessive, or burdensome so as to unreasonably restrict the ability of homeowners to create accessory dwelling units in zones in which they are authorized by local ordinance.
SEC. 5.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, 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)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.
(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 of submittal of a complete building permit 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 200102 Regular Session of the Legislature, including the costs of adopting or amending any ordinance that provides for the creation of accessory dwelling units.
(b)(1)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 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 ministerially approve the creation of an accessory dwelling unit if the accessory dwelling unit complies with all of the following:
(A)The unit is not intended for sale separate from the primary residence 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 accessory dwelling 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 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.
(F)The total area of floorspace for a detached accessory dwelling 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 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 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), 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 or that the property be used for rentals of terms longer than 30 days.
(4)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.
(5)An accessory dwelling unit that conforms to this subdivision 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.
(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 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 that does not otherwise 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.
(d)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. 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 fire and life safety conditions. This subdivision shall not apply to a unit that is described in subdivision (e).
(e)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.
(f)Notwithstanding subdivisions (a) to (e), 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.
(g)(1)Fees charged for the construction of accessory dwelling units shall be determined in accordance with Chapter 5 (commencing with Section 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 (f), 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 (f), 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.
(h)This section does not limit the authority of local agencies to adopt less restrictive requirements for the creation of accessory dwelling units.
(i)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.
(j)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.
(k)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. 5.5.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)(i)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.
(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 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.
(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, 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 200102 Regular Session of the Legislature, including the costs of adopting or amending any ordinance that provides for the creation of an accessory dwelling unit.
(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.
(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 a proposed accessory dwelling unit on a lot zoned for residential use that contains 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 or that the property be used for rentals of terms longer than 30 days.
(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 an accessory dwelling unit 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 unit 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 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.
(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 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 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.
(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 accessory dwelling units shall be determined in accordance with Chapter 5 (commencing with Section 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 an accessory dwelling unit.
(h)Local agencies shall submit a copy of the ordinance adopted pursuant to subdivision (a) 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 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.
(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 accessory dwelling units.
SEC. 6.Section 66412.2 of the Government Code is amended to read:66412.2.This division shall not apply to the construction, financing, or leasing of dwelling units pursuant to Section 65852.1 or accessory dwelling units pursuant to Section 65852.2, but this division shall be applicable to the sale or transfer, but not leasing, of those units.
SEC. 7.Section 5.5 of this bill incorporates amendments to Section 65852.2 of the Government Code proposed by both this bill and Assembly Bill 2299. 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 Assembly Bill 2299, in which case Section 5 of this bill shall not become operative.
SEC. 8.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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.
The Legislature finds and declares that it has provided reforms and incentives to facilitate and expedite the construction of affordable housing. Those reforms and incentives can be found in the following provisions:
(a)Housing element law (Article 10.6 (commencing with Section 65580) of Chapter 3).
(b)Extension of statute of limitations in actions challenging the housing element and brought in support of affordable housing (subdivision (d) of Section 65009).
(c)Restrictions on disapproval of housing developments (Section 65589.5).
(d)Priority for affordable housing in the allocation of water and sewer hookups (Section 65589.7).
(e)Least cost zoning law (Section 65913.1).
(f)Density bonus law (Section 65915).
(g)Accessory dwelling units (Sections 65852.150 and 65852.2).
(h)By-right housing, in which certain multifamily housing are designated a permitted use (Section 65589.4).
(i)No-net-loss-in zoning density law limiting downzonings and density reductions (Section 65863).
(j)Requiring persons who sue to halt affordable housing to pay attorney fees (Section 65914) or post a bond (Section 529.2 of the Code of Civil Procedure).
(k)Reduced time for action on affordable housing applications under the approval of development permits process (Article 5 (commencing with Section 65950) of Chapter 4.5).
(l)Limiting moratoriums on multifamily housing (Section 65858).
(m)Prohibiting discrimination against affordable housing (Section 65008).
(n)California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3).
(o)Community redevelopment law (Part 1 (commencing with Section 33000) of Division 24 of the Health and Safety Code, and in particular Sections 33334.2 and 33413).
SEC. 2.Section 65583.1 of the Government Code is amended to read:65583.1.(a)The Department of Housing and Community Development, in evaluating a proposed or adopted housing element for substantial compliance with this article, may allow a city or county to identify adequate sites, as required pursuant to Section 65583, by a variety of methods, including, but not limited to, redesignation of property to a more intense land use category and increasing the density allowed within one or more categories. The department may also allow a city or county to identify sites for accessory dwelling units based on the number of accessory dwelling units developed in the prior housing element planning period whether or not the units are permitted by right, the need for these units in the community, the resources or incentives available for their development, and any other relevant factors, as determined by the department. Nothing in this section reduces the responsibility of a city or county to identify, by income category, the total number of sites for residential development as required by this article.
(b)Sites that contain permanent housing units located on a military base undergoing closure or conversion as a result of action pursuant to the Defense Authorization Amendments and Base Closure and Realignment Act (Public Law 100-526), the Defense Base Closure and Realignment Act of 1990 (Public Law 101-510), or any subsequent act requiring the closure or conversion of a military base may be identified as an adequate site if the housing element demonstrates that the housing units will be available for occupancy by households within the planning period of the element. No sites containing housing units scheduled or planned for demolition or conversion to nonresidential uses shall qualify as an adequate site.
Any city, city and county, or county using this subdivision shall address the progress in meeting this section in the reports provided pursuant to paragraph (1) of subdivision (b) of Section 65400.
(c)(1)The Department of Housing and Community Development may allow a city or county to substitute the provision of units for up to 25 percent of the communitys obligation to identify adequate sites for any income category in its housing element pursuant to paragraph (1) of subdivision (c) of Section 65583 where the community includes in its housing element a program committing the local government to provide units in that income category within the city or county that will be made available through the provision of committed assistance during the planning period covered by the element to low- and very low income households at affordable housing costs or affordable rents, as defined in Sections 50052.5 and 50053 of the Health and Safety Code, and which meet the requirements of paragraph (2). Except as otherwise provided in this subdivision, the community may substitute one dwelling unit for one dwelling unit site in the applicable income category. The program shall do all of the following:
(A)Identify the specific, existing sources of committed assistance and dedicate a specific portion of the funds from those sources to the provision of housing pursuant to this subdivision.
(B)Indicate the number of units that will be provided to both low- and very low income households and demonstrate that the amount of dedicated funds is sufficient to develop the units at affordable housing costs or affordable rents.
(C)Demonstrate that the units meet the requirements of paragraph (2).
(2)Only units that comply with subparagraph (A), (B), or (C) qualify for inclusion in the housing element program described in paragraph (1), as follows:
(A)Units that are to be substantially rehabilitated with committed assistance from the city or county and constitute a net increase in the communitys stock of housing affordable to low- and very low income households. For purposes of this subparagraph, a unit is not eligible to be substantially rehabilitated unless all of the following requirements are met:
(i)At the time the unit is identified for substantial rehabilitation, (I) the local government has determined that the unit is at imminent risk of loss to the housing stock, (II) the local government has committed to provide relocation assistance pursuant to Chapter 16 (commencing with Section 7260) of Division 7 of Title 1 to any occupants temporarily or permanently displaced by the rehabilitation or code enforcement activity, or the relocation is otherwise provided prior to displacement either as a condition of receivership, or provided by the property owner or the local government pursuant to Article 2.5 (commencing with Section 17975) of Chapter 5 of Part 1.5 of Division 13 of the Health and Safety Code, or as otherwise provided by local ordinance; provided the assistance includes not less than the equivalent of four months rent and moving expenses and comparable replacement housing consistent with the moving expenses and comparable replacement housing required pursuant to Section 7260, (III) the local government requires that any displaced occupants will have the right to reoccupy the rehabilitated units, and (IV) the unit has been found by the local government or a court to be unfit for human habitation due to the existence of at least four violations of the conditions listed in subdivisions (a) to (g), inclusive, of Section 17995.3 of the Health and Safety Code.
(ii)The rehabilitated unit will have long-term affordability covenants and restrictions that require the unit to be available to, and occupied by, persons or families of low- or very low income at affordable housing costs for at least 20 years or the time period required by any applicable federal or state law or regulation.
(iii)Prior to initial occupancy after rehabilitation, the local code enforcement agency shall issue a certificate of occupancy indicating compliance with all applicable state and local building code and health and safety code requirements.
(B)Units that are located either on foreclosed property or in a multifamily rental or ownership housing complex of three or more units, are converted with committed assistance from the city or county from nonaffordable to affordable by acquisition of the unit or the purchase of affordability covenants and restrictions for the unit, are not acquired by eminent domain, and constitute a net increase in the communitys stock of housing affordable to low- and very low income households. For purposes of this subparagraph, a unit is not converted by acquisition or the purchase of affordability covenants unless all of the following occur:
(i)The unit is made available for rent at a cost affordable to low- or very low income households.
(ii)At the time the unit is identified for acquisition, the unit is not available at an affordable housing cost to either of the following:
(I)Low-income households, if the unit will be made affordable to low-income households.
(II)Very low income households, if the unit will be made affordable to very low income households.
(iii)At the time the unit is identified for acquisition the unit is not occupied by low- or very low income households or if the acquired unit is occupied, the local government has committed to provide relocation assistance prior to displacement, if any, pursuant to Chapter 16 (commencing with Section 7260) of Division 7 of Title 1 to any occupants displaced by the conversion, or the relocation is otherwise provided prior to displacement; provided the assistance includes not less than the equivalent of four months rent and moving expenses and comparable replacement housing consistent with the moving expenses and comparable replacement housing required pursuant to Section 7260.
(iv)The unit is in decent, safe, and sanitary condition at the time of occupancy.
(v)The unit has long-term affordability covenants and restrictions that require the unit to be affordable to persons of low- or very low income for not less than 55 years.
(vi)For units located in multifamily ownership housing complexes with three or more units, or on or after January 1, 2015, on foreclosed properties, at least an equal number of new-construction multifamily rental units affordable to lower income households have been constructed in the city or county within the same planning period as the number of ownership units to be converted.
(C)Units that will be preserved at affordable housing costs to persons or families of low- or very low incomes with committed assistance from the city or county by acquisition of the unit or the purchase of affordability covenants for the unit. For purposes of this subparagraph, a unit shall not be deemed preserved unless all of the following occur:
(i)The unit has long-term affordability covenants and restrictions that require the unit to be affordable to, and reserved for occupancy by, persons of the same or lower income group as the current occupants for a period of at least 40 years.
(ii)The unit is within an assisted housing development, as defined in paragraph (3) of subdivision (a) of Section 65863.10.
(iii)The city or county finds, after a public hearing, that the unit is eligible, and is reasonably expected, to change from housing affordable to low- and very low income households to any other use during the next five years due to termination of subsidy contracts, mortgage prepayment, or expiration of restrictions on use.
(iv)The unit is in decent, safe, and sanitary condition at the time of occupancy.
(v)At the time the unit is identified for preservation it is available at affordable cost to persons or families of low- or very low income.
(3)This subdivision does not apply to any city or county that, during the current or immediately prior planning period, as defined by Section 65588, has not met any of its share of the regional need for affordable housing, as defined in Section 65584, for low- and very low income households. A city or county shall document for any housing unit that a building permit has been issued and all development and permit fees have been paid or the unit is eligible to be lawfully occupied.
(4)For purposes of this subdivision, committed assistance means that the city or county enters into a legally enforceable agreement during the period from the beginning of the projection period until the end of the second year of the planning period that obligates sufficient available funds to provide the assistance necessary to make the identified units affordable and that requires that the units be made available for occupancy within two years of the execution of the agreement. Committed assistance does not include tenant-based rental assistance.
(5)For purposes of this subdivision, net increase includes only housing units provided committed assistance pursuant to subparagraph (A) or (B) of paragraph (2) in the current planning period, as defined in Section 65588, that were not provided committed assistance in the immediately prior planning period.
(6)For purposes of this subdivision, the time the unit is identified means the earliest time when any city or county agent, acting on behalf of a public entity, has proposed in writing or has proposed orally or in writing to the property owner, that the unit be considered for substantial rehabilitation, acquisition, or preservation.
(7)In the third year of the planning period, as defined by Section 65588, in the report required pursuant to Section 65400, each city or county that has included in its housing element a program to provide units pursuant to subparagraph (A), (B), or (C) of paragraph (2) shall report in writing to the legislative body, and to the department within 30 days of making its report to the legislative body, on its progress in providing units pursuant to this subdivision. The report shall identify the specific units for which committed assistance has been provided or which have been made available to low- and very low income households, and it shall adequately document how each unit complies with this subdivision. If, by July 1 of the third year of the planning period, the city or county has not entered into an enforceable agreement of committed assistance for all units specified in the programs adopted pursuant to subparagraph (A), (B), or (C) of paragraph (2), the city or county shall, not later than July 1 of the fourth year of the planning period, adopt an amended housing element in accordance with Section 65585, identifying additional adequate sites pursuant to paragraph (1) of subdivision (c) of Section 65583 sufficient to accommodate the number of units for which committed assistance was not provided. If a city or county does not amend its housing element to identify adequate sites to address any shortfall, or fails to complete the rehabilitation, acquisition, purchase of affordability covenants, or the preservation of any housing unit within two years after committed assistance was provided to that unit, it shall be prohibited from identifying units pursuant to subparagraph (A), (B), or (C) of paragraph (2) in the housing element that it adopts for the next planning period, as defined in Section 65588, above the number of units actually provided or preserved due to committed assistance.
(d)A city or county may reduce its share of the regional housing need by the number of units built between the start of the projection period and the deadline for adoption of the housing element. If the city or county reduces its share pursuant to this subdivision, the city or county shall include in the housing element a description of the methodology for assigning those housing units to an income category based on actual or projected sales price, rent levels, or other mechanisms establishing affordability.
SEC. 3.Section 65589.4 of the Government Code is amended to read:65589.4.(a)An attached housing development shall be a permitted use not subject to a conditional use permit on any parcel zoned for an attached housing development if local law so provides or if it satisfies the requirements of subdivision (b) and either of the following:
(1)The attached housing development satisfies the criteria of Section 21159.22, 21159.23, or 21159.24 of the Public Resources Code.
(2)The attached housing development meets all of the following criteria:
(A)The attached housing development is subject to a discretionary decision other than a conditional use permit and a negative declaration or mitigated negative declaration has been adopted for the attached housing development under the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code). If no public hearing is held with respect to the discretionary decision, then the negative declaration or mitigated negative declaration for the attached housing development may be adopted only after a public hearing to receive comments on the negative declaration or mitigated negative declaration.
(B)The attached housing development is consistent with both the jurisdictions zoning ordinance and general plan as it existed on the date the application was deemed complete, except that an attached housing development shall not be deemed to be inconsistent with the zoning designation for the site if that zoning designation is inconsistent with the general plan only because the attached housing development site has not been rezoned to conform with the most recent adopted general plan.
(C)The attached housing development is located in an area that is covered by one of the following documents that has been adopted by the jurisdiction within five years of the date the application for the attached housing development was deemed complete:
(i)A general plan.
(ii)A revision or update to the general plan that includes at least the land use and circulation elements.
(iii)An applicable community plan.
(iv)An applicable specific plan.
(D)The attached housing development consists of not more than 100 residential units with a minimum density of not less than 12 units per acre or a minimum density of not less than eight units per acre if the attached housing development consists of four or fewer units.
(E)The attached housing development is located in an urbanized area as defined in Section 21071 of the Public Resources Code or within a census-defined place with a population density of at least 5,000 persons per square mile or, if the attached housing development consists of 50 or fewer units, within an incorporated city with a population density of at least 2,500 persons per square mile and a total population of at least 25,000 persons.
(F)The attached housing development is located on an infill site as defined in Section 21061.0.5 of the Public Resources Code.
(b)At least 10 percent of the units of the attached housing development shall be available at affordable housing cost to very low income households, as defined in Section 50105 of the Health and Safety Code, or at least 20 percent of the units of the attached housing development shall be available at affordable housing cost to lower income households, as defined in Section 50079.5 of the Health and Safety Code, or at least 50 percent of the units of the attached housing development available at affordable housing cost to moderate-income households, consistent with Section 50052.5 of the Health and Safety Code. The developer of the attached housing development shall provide sufficient legal commitments to the local agency to ensure the continued availability and use of the housing units for very low, low-, or moderate-income households for a period of at least 30 years.
(c)Nothing in this section shall prohibit a local agency from applying design and site review standards in existence on the date the application was deemed complete.
(d)The provisions of this section are independent of any obligation of a jurisdiction pursuant to subdivision (c) of Section 65583 to identify multifamily sites developable by right.
(e)This section does not apply to the issuance of coastal development permits pursuant to the California Coastal Act (Division 20 (commencing with Section 30000) of the Public Resources Code).
(f)This section does not relieve a public agency from complying with the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) or relieve an applicant or public agency from complying with the Subdivision Map Act (Division 2 (commencing with Section 66473)).
(g)This section is applicable to all cities and counties, including charter cities, because the Legislature finds that the lack of affordable housing is of vital statewide importance, and thus a matter of statewide concern.
(h)For purposes of this section, attached housing development means a newly constructed or substantially rehabilitated structure containing two or more dwelling units and consisting only of residential units, but does not include an accessory dwelling unit, as defined by paragraph (4) of subdivision (j) of Section 65852.2, or the conversion of an existing structure to condominiums.
SEC. 4.Section 65852.150 of the Government Code is amended to read:65852.150.(a)The Legislature finds and declares all of the following:
(1)Accessory dwelling units are a valuable form of housing in California.
(2)Accessory dwelling units provide housing for family members, students, the elderly, in-home health care providers, the disabled, and others, at below market prices within existing neighborhoods.
(3)Homeowners who create accessory dwelling units benefit from added income, and an increased sense of security.
(4)Allowing accessory dwelling units in single-family or multifamily residential zones provides additional rental housing stock in California.
(5)California faces a severe housing crisis.
(6)The state is falling far short of meeting current and future housing demand with serious consequences for the states economy, our ability to build green infill consistent with state greenhouse gas reduction goals, and the well-being of our citizens, particularly lower and middle-income earners.
(7)Accessory dwelling units offer lower cost housing to meet the needs of existing and future residents within existing neighborhoods, while respecting architectural character.
(8)Accessory dwelling units are, therefore, an essential component of Californias housing supply.
(b)It is the intent of the Legislature that an accessory dwelling unit ordinance adopted by a local agency has the effect of providing for the creation of accessory dwelling units and that provisions in this ordinance relating to matters including unit size, parking, fees, and other requirements, are not so arbitrary, excessive, or burdensome so as to unreasonably restrict the ability of homeowners to create accessory dwelling units in zones in which they are authorized by local ordinance.
SEC. 5.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, 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)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.
(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 of submittal of a complete building permit 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 200102 Regular Session of the Legislature, including the costs of adopting or amending any ordinance that provides for the creation of accessory dwelling units.
(b)(1)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 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 ministerially approve the creation of an accessory dwelling unit if the accessory dwelling unit complies with all of the following:
(A)The unit is not intended for sale separate from the primary residence 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 accessory dwelling 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 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.
(F)The total area of floorspace for a detached accessory dwelling 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 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 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), 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 or that the property be used for rentals of terms longer than 30 days.
(4)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.
(5)An accessory dwelling unit that conforms to this subdivision 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.
(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 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 that does not otherwise 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.
(d)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. 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 fire and life safety conditions. This subdivision shall not apply to a unit that is described in subdivision (e).
(e)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.
(f)Notwithstanding subdivisions (a) to (e), 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.
(g)(1)Fees charged for the construction of accessory dwelling units shall be determined in accordance with Chapter 5 (commencing with Section 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 (f), 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 (f), 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.
(h)This section does not limit the authority of local agencies to adopt less restrictive requirements for the creation of accessory dwelling units.
(i)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.
(j)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.
(k)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. 5.5.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 200102 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 dwelling 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. 6.Section 66412.2 of the Government Code is amended to read:66412.2.This division shall not apply to the construction, financing, or leasing of dwelling units pursuant to Section 65852.1 or accessory dwelling units pursuant to Section 65852.2, but this division shall be applicable to the sale or transfer, but not leasing, of those units.
SEC. 7.Section 5.5 of this bill incorporates amendments to Section 65852.2 of the Government Code proposed by both this bill and Assembly Bill 2299. 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 Assembly Bill 2299, in which case Section 5 of this bill shall not become operative.
SEC. 7.SEC. 8.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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.
The Legislature finds and declares that it has provided reforms and incentives to facilitate and expedite the construction of affordable housing. Those reforms and incentives can be found in the following provisions:
(a)Housing element law (Article 10.6 (commencing with Section 65580) of Chapter 3).
(b)Extension of statute of limitations in actions challenging the housing element and brought in support of affordable housing (subdivision (d) of Section 65009).
(c)Restrictions on disapproval of housing developments (Section 65589.5).
(d)Priority for affordable housing in the allocation of water and sewer hookups (Section 65589.7).
(e)Least cost zoning law (Section 65913.1).
(f)Density bonus law (Section 65915).
(g)Accessory dwelling units (Sections 65852.150 and 65852.2).
(h)By-right housing, in which certain multifamily housing are designated a permitted use (Section 65589.4).
(i)No-net-loss-in zoning density law limiting downzonings and density reductions (Section 65863).
(j)Requiring persons who sue to halt affordable housing to pay attorney fees (Section 65914) or post a bond (Section 529.2 of the Code of Civil Procedure).
(k)Reduced time for action on affordable housing applications under the approval of development permits process (Article 5 (commencing with Section 65950) of Chapter 4.5).
(l)Limiting moratoriums on multifamily housing (Section 65858).
(m)Prohibiting discrimination against affordable housing (Section 65008).
(n)California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3).
(o)Community redevelopment law (Part 1 (commencing with Section 33000) of Division 24 of the Health and Safety Code, and in particular Sections 33334.2 and 33413).
SEC. 2.Section 65583.1 of the Government Code is amended to read:65583.1.(a)The Department of Housing and Community Development, in evaluating a proposed or adopted housing element for substantial compliance with this article, may allow a city or county to identify adequate sites, as required pursuant to Section 65583, by a variety of methods, including, but not limited to, redesignation of property to a more intense land use category and increasing the density allowed within one or more categories. The department may also allow a city or county to identify sites for accessory dwelling units based on the number of accessory dwelling units developed in the prior housing element planning period whether or not the units are permitted by right, the need for these units in the community, the resources or incentives available for their development, and any other relevant factors, as determined by the department. Nothing in this section reduces the responsibility of a city or county to identify, by income category, the total number of sites for residential development as required by this article.
(b)Sites that contain permanent housing units located on a military base undergoing closure or conversion as a result of action pursuant to the Defense Authorization Amendments and Base Closure and Realignment Act (Public Law 100-526), the Defense Base Closure and Realignment Act of 1990 (Public Law 101-510), or any subsequent act requiring the closure or conversion of a military base may be identified as an adequate site if the housing element demonstrates that the housing units will be available for occupancy by households within the planning period of the element. No sites containing housing units scheduled or planned for demolition or conversion to nonresidential uses shall qualify as an adequate site.
Any city, city and county, or county using this subdivision shall address the progress in meeting this section in the reports provided pursuant to paragraph (1) of subdivision (b) of Section 65400.
(c)(1)The Department of Housing and Community Development may allow a city or county to substitute the provision of units for up to 25 percent of the communitys obligation to identify adequate sites for any income category in its housing element pursuant to paragraph (1) of subdivision (c) of Section 65583 where the community includes in its housing element a program committing the local government to provide units in that income category within the city or county that will be made available through the provision of committed assistance during the planning period covered by the element to low- and very low income households at affordable housing costs or affordable rents, as defined in Sections 50052.5 and 50053 of the Health and Safety Code, and which meet the requirements of paragraph (2). Except as otherwise provided in this subdivision, the community may substitute one dwelling unit for one dwelling unit site in the applicable income category. The program shall do all of the following:
(A)Identify the specific, existing sources of committed assistance and dedicate a specific portion of the funds from those sources to the provision of housing pursuant to this subdivision.
(B)Indicate the number of units that will be provided to both low- and very low income households and demonstrate that the amount of dedicated funds is sufficient to develop the units at affordable housing costs or affordable rents.
(C)Demonstrate that the units meet the requirements of paragraph (2).
(2)Only units that comply with subparagraph (A), (B), or (C) qualify for inclusion in the housing element program described in paragraph (1), as follows:
(A)Units that are to be substantially rehabilitated with committed assistance from the city or county and constitute a net increase in the communitys stock of housing affordable to low- and very low income households. For purposes of this subparagraph, a unit is not eligible to be substantially rehabilitated unless all of the following requirements are met:
(i)At the time the unit is identified for substantial rehabilitation, (I) the local government has determined that the unit is at imminent risk of loss to the housing stock, (II) the local government has committed to provide relocation assistance pursuant to Chapter 16 (commencing with Section 7260) of Division 7 of Title 1 to any occupants temporarily or permanently displaced by the rehabilitation or code enforcement activity, or the relocation is otherwise provided prior to displacement either as a condition of receivership, or provided by the property owner or the local government pursuant to Article 2.5 (commencing with Section 17975) of Chapter 5 of Part 1.5 of Division 13 of the Health and Safety Code, or as otherwise provided by local ordinance; provided the assistance includes not less than the equivalent of four months rent and moving expenses and comparable replacement housing consistent with the moving expenses and comparable replacement housing required pursuant to Section 7260, (III) the local government requires that any displaced occupants will have the right to reoccupy the rehabilitated units, and (IV) the unit has been found by the local government or a court to be unfit for human habitation due to the existence of at least four violations of the conditions listed in subdivisions (a) to (g), inclusive, of Section 17995.3 of the Health and Safety Code.
(ii)The rehabilitated unit will have long-term affordability covenants and restrictions that require the unit to be available to, and occupied by, persons or families of low- or very low income at affordable housing costs for at least 20 years or the time period required by any applicable federal or state law or regulation.
(iii)Prior to initial occupancy after rehabilitation, the local code enforcement agency shall issue a certificate of occupancy indicating compliance with all applicable state and local building code and health and safety code requirements.
(B)Units that are located either on foreclosed property or in a multifamily rental or ownership housing complex of three or more units, are converted with committed assistance from the city or county from nonaffordable to affordable by acquisition of the unit or the purchase of affordability covenants and restrictions for the unit, are not acquired by eminent domain, and constitute a net increase in the communitys stock of housing affordable to low- and very low income households. For purposes of this subparagraph, a unit is not converted by acquisition or the purchase of affordability covenants unless all of the following occur:
(i)The unit is made available for rent at a cost affordable to low- or very low income households.
(ii)At the time the unit is identified for acquisition, the unit is not available at an affordable housing cost to either of the following:
(I)Low-income households, if the unit will be made affordable to low-income households.
(II)Very low income households, if the unit will be made affordable to very low income households.
(iii)At the time the unit is identified for acquisition the unit is not occupied by low- or very low income households or if the acquired unit is occupied, the local government has committed to provide relocation assistance prior to displacement, if any, pursuant to Chapter 16 (commencing with Section 7260) of Division 7 of Title 1 to any occupants displaced by the conversion, or the relocation is otherwise provided prior to displacement; provided the assistance includes not less than the equivalent of four months rent and moving expenses and comparable replacement housing consistent with the moving expenses and comparable replacement housing required pursuant to Section 7260.
(iv)The unit is in decent, safe, and sanitary condition at the time of occupancy.
(v)The unit has long-term affordability covenants and restrictions that require the unit to be affordable to persons of low- or very low income for not less than 55 years.
(vi)For units located in multifamily ownership housing complexes with three or more units, or on or after January 1, 2015, on foreclosed properties, at least an equal number of new-construction multifamily rental units affordable to lower income households have been constructed in the city or county within the same planning period as the number of ownership units to be converted.
(C)Units that will be preserved at affordable housing costs to persons or families of low- or very low incomes with committed assistance from the city or county by acquisition of the unit or the purchase of affordability covenants for the unit. For purposes of this subparagraph, a unit shall not be deemed preserved unless all of the following occur:
(i)The unit has long-term affordability covenants and restrictions that require the unit to be affordable to, and reserved for occupancy by, persons of the same or lower income group as the current occupants for a period of at least 40 years.
(ii)The unit is within an assisted housing development, as defined in paragraph (3) of subdivision (a) of Section 65863.10.
(iii)The city or county finds, after a public hearing, that the unit is eligible, and is reasonably expected, to change from housing affordable to low- and very low income households to any other use during the next five years due to termination of subsidy contracts, mortgage prepayment, or expiration of restrictions on use.
(iv)The unit is in decent, safe, and sanitary condition at the time of occupancy.
(v)At the time the unit is identified for preservation it is available at affordable cost to persons or families of low- or very low income.
(3)This subdivision does not apply to any city or county that, during the current or immediately prior planning period, as defined by Section 65588, has not met any of its share of the regional need for affordable housing, as defined in Section 65584, for low- and very low income households. A city or county shall document for any housing unit that a building permit has been issued and all development and permit fees have been paid or the unit is eligible to be lawfully occupied.
(4)For purposes of this subdivision, committed assistance means that the city or county enters into a legally enforceable agreement during the period from the beginning of the projection period until the end of the second year of the planning period that obligates sufficient available funds to provide the assistance necessary to make the identified units affordable and that requires that the units be made available for occupancy within two years of the execution of the agreement. Committed assistance does not include tenant-based rental assistance.
(5)For purposes of this subdivision, net increase includes only housing units provided committed assistance pursuant to subparagraph (A) or (B) of paragraph (2) in the current planning period, as defined in Section 65588, that were not provided committed assistance in the immediately prior planning period.
(6)For purposes of this subdivision, the time the unit is identified means the earliest time when any city or county agent, acting on behalf of a public entity, has proposed in writing or has proposed orally or in writing to the property owner, that the unit be considered for substantial rehabilitation, acquisition, or preservation.
(7)In the third year of the planning period, as defined by Section 65588, in the report required pursuant to Section 65400, each city or county that has included in its housing element a program to provide units pursuant to subparagraph (A), (B), or (C) of paragraph (2) shall report in writing to the legislative body, and to the department within 30 days of making its report to the legislative body, on its progress in providing units pursuant to this subdivision. The report shall identify the specific units for which committed assistance has been provided or which have been made available to low- and very low income households, and it shall adequately document how each unit complies with this subdivision. If, by July 1 of the third year of the planning period, the city or county has not entered into an enforceable agreement of committed assistance for all units specified in the programs adopted pursuant to subparagraph (A), (B), or (C) of paragraph (2), the city or county shall, not later than July 1 of the fourth year of the planning period, adopt an amended housing element in accordance with Section 65585, identifying additional adequate sites pursuant to paragraph (1) of subdivision (c) of Section 65583 sufficient to accommodate the number of units for which committed assistance was not provided. If a city or county does not amend its housing element to identify adequate sites to address any shortfall, or fails to complete the rehabilitation, acquisition, purchase of affordability covenants, or the preservation of any housing unit within two years after committed assistance was provided to that unit, it shall be prohibited from identifying units pursuant to subparagraph (A), (B), or (C) of paragraph (2) in the housing element that it adopts for the next planning period, as defined in Section 65588, above the number of units actually provided or preserved due to committed assistance.
(d)A city or county may reduce its share of the regional housing need by the number of units built between the start of the projection period and the deadline for adoption of the housing element. If the city or county reduces its share pursuant to this subdivision, the city or county shall include in the housing element a description of the methodology for assigning those housing units to an income category based on actual or projected sales price, rent levels, or other mechanisms establishing affordability.
SEC. 3.Section 65589.4 of the Government Code is amended to read:65589.4.(a)An attached housing development shall be a permitted use not subject to a conditional use permit on any parcel zoned for an attached housing development if local law so provides or if it satisfies the requirements of subdivision (b) and either of the following:
(1)The attached housing development satisfies the criteria of Section 21159.22, 21159.23, or 21159.24 of the Public Resources Code.
(2)The attached housing development meets all of the following criteria:
(A)The attached housing development is subject to a discretionary decision other than a conditional use permit and a negative declaration or mitigated negative declaration has been adopted for the attached housing development under the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code). If no public hearing is held with respect to the discretionary decision, then the negative declaration or mitigated negative declaration for the attached housing development may be adopted only after a public hearing to receive comments on the negative declaration or mitigated negative declaration.
(B)The attached housing development is consistent with both the jurisdictions zoning ordinance and general plan as it existed on the date the application was deemed complete, except that an attached housing development shall not be deemed to be inconsistent with the zoning designation for the site if that zoning designation is inconsistent with the general plan only because the attached housing development site has not been rezoned to conform with the most recent adopted general plan.
(C)The attached housing development is located in an area that is covered by one of the following documents that has been adopted by the jurisdiction within five years of the date the application for the attached housing development was deemed complete:
(i)A general plan.
(ii)A revision or update to the general plan that includes at least the land use and circulation elements.
(iii)An applicable community plan.
(iv)An applicable specific plan.
(D)The attached housing development consists of not more than 100 residential units with a minimum density of not less than 12 units per acre or a minimum density of not less than eight units per acre if the attached housing development consists of four or fewer units.
(E)The attached housing development is located in an urbanized area as defined in Section 21071 of the Public Resources Code or within a census-defined place with a population density of at least 5,000 persons per square mile or, if the attached housing development consists of 50 or fewer units, within an incorporated city with a population density of at least 2,500 persons per square mile and a total population of at least 25,000 persons.
(F)The attached housing development is located on an infill site as defined in Section 21061.0.5 of the Public Resources Code.
(b)At least 10 percent of the units of the attached housing development shall be available at affordable housing cost to very low income households, as defined in Section 50105 of the Health and Safety Code, or at least 20 percent of the units of the attached housing development shall be available at affordable housing cost to lower income households, as defined in Section 50079.5 of the Health and Safety Code, or at least 50 percent of the units of the attached housing development available at affordable housing cost to moderate-income households, consistent with Section 50052.5 of the Health and Safety Code. The developer of the attached housing development shall provide sufficient legal commitments to the local agency to ensure the continued availability and use of the housing units for very low, low-, or moderate-income households for a period of at least 30 years.
(c)Nothing in this section shall prohibit a local agency from applying design and site review standards in existence on the date the application was deemed complete.
(d)The provisions of this section are independent of any obligation of a jurisdiction pursuant to subdivision (c) of Section 65583 to identify multifamily sites developable by right.
(e)This section does not apply to the issuance of coastal development permits pursuant to the California Coastal Act (Division 20 (commencing with Section 30000) of the Public Resources Code).
(f)This section does not relieve a public agency from complying with the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) or relieve an applicant or public agency from complying with the Subdivision Map Act (Division 2 (commencing with Section 66473)).
(g)This section is applicable to all cities and counties, including charter cities, because the Legislature finds that the lack of affordable housing is of vital statewide importance, and thus a matter of statewide concern.
(h)For purposes of this section, attached housing development means a newly constructed or substantially rehabilitated structure containing two or more dwelling units and consisting only of residential units, but does not include an accessory dwelling unit, as defined by paragraph (4) of subdivision (j) of Section 65852.2, or the conversion of an existing structure to condominiums.
SEC. 4.Section 65852.150 of the Government Code is amended to read:65852.150.(a)The Legislature finds and declares all of the following:
(1)Accessory dwelling units are a valuable form of housing in California.
(2)Accessory dwelling units provide housing for family members, students, the elderly, in-home health care providers, the disabled, and others, at below market prices within existing neighborhoods.
(3)Homeowners who create accessory dwelling units benefit from added income, and an increased sense of security.
(4)Allowing accessory dwelling units in single-family or multifamily residential zones provides additional rental housing stock in California.
(5)California faces a severe housing crisis.
(6)The state is falling far short of meeting current and future housing demand with serious consequences for the states economy, our ability to build green infill consistent with state greenhouse gas reduction goals, and the well-being of our citizens, particularly lower and middle-income earners.
(7)Accessory dwelling units offer lower cost housing to meet the needs of existing and future residents within existing neighborhoods, while respecting architectural character.
(8)Accessory dwelling units are, therefore, an essential component of Californias housing supply.
(b)It is the intent of the Legislature that an accessory dwelling unit ordinance adopted by a local agency has the effect of providing for the creation of accessory dwelling units and that provisions in this ordinance relating to matters including unit size, parking, fees, and other requirements, are not so arbitrary, excessive, or burdensome so as to unreasonably restrict the ability of homeowners to create accessory dwelling units in zones in which they are authorized by local ordinance.
SEC. 5.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, 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)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.
(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 90 120 days of submittal of a complete building permit 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 200102 Regular Session of the Legislature, including the costs of adopting or amending any ordinance that provides for the creation of accessory dwelling units.
(b)(1)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 this subdivision unless it adopts an ordinance in accordance with subdivision (a) within 90 120 days after receiving the application. Notwithstanding Section 65901 or 65906, every local agency shall ministerially approve the creation of an accessory dwelling unit if the accessory dwelling unit complies with all of the following:
(A)The unit is not intended for sale separate from the primary residence 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 accessory dwelling 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 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.
(F)The total area of floorspace for a detached accessory dwelling 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 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 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), 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 or that the property be used for rentals of terms longer than 30 days.
(4)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.
(5)An accessory dwelling unit that conforms to this subdivision 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.
(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 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 that does not otherwise 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.
(d)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. 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 fire and life safety conditions. This subdivision shall not apply to a unit that is described in subdivision (e).
(e)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 or shopping. 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. 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.
(f)Notwithstanding subdivisions (a) to (e), 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.
(g)(1)Fees charged for the construction of accessory dwelling units shall be determined in accordance with Chapter 5 (commencing with Section 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 (f), 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 (f), a local agency may require a new or separate utility connection directly between the accessory dwelling unity 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.
(h)This section does not limit the authority of local agencies to adopt less restrictive requirements for the creation of accessory dwelling units.
(i)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.
(j)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.
(k)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. 6.Section 66412.2 of the Government Code is amended to read:66412.2.This division shall not apply to the construction, financing, or leasing of dwelling units pursuant to Section 65852.1 or accessory dwelling units pursuant to Section 65852.2, but this division shall be applicable to the sale or transfer, but not leasing, of those units.
SEC. 7.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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.
The Legislature finds and declares that it has provided reforms and incentives to facilitate and expedite the construction of affordable housing. Those reforms and incentives can be found in the following provisions:
(a)Housing element law (Article 10.6 (commencing with Section 65580) of Chapter 3).
(b)Extension of statute of limitations in actions challenging the housing element and brought in support of affordable housing (subdivision (d) of Section 65009).
(c)Restrictions on disapproval of housing developments (Section 65589.5).
(d)Priority for affordable housing in the allocation of water and sewer hookups (Section 65589.7).
(e)Least cost zoning law (Section 65913.1).
(f)Density bonus law (Section 65915).
(g)Accessory dwelling units (Sections 65852.150 and 65852.2).
(h)By-right housing, in which certain multifamily housing are designated a permitted use (Section 65589.4).
(i)No-net-loss-in zoning density law limiting downzonings and density reductions (Section 65863).
(j)Requiring persons who sue to halt affordable housing to pay attorney fees (Section 65914) or post a bond (Section 529.2 of the Code of Civil Procedure).
(k)Reduced time for action on affordable housing applications under the approval of development permits process (Article 5 (commencing with Section 65950) of Chapter 4.5).
(l)Limiting moratoriums on multifamily housing (Section 65858).
(m)Prohibiting discrimination against affordable housing (Section 65008).
(n)California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3).
(o)Community redevelopment law (Part 1 (commencing with Section 33000) of Division 24 of the Health and Safety Code, and in particular Sections 33334.2 and 33413).
SEC. 2.Section 65583.1 of the Government Code is amended to read:65583.1.(a)The Department of Housing and Community Development, in evaluating a proposed or adopted housing element for substantial compliance with this article, may allow a city or county to identify adequate sites, as required pursuant to Section 65583, by a variety of methods, including, but not limited to, redesignation of property to a more intense land use category and increasing the density allowed within one or more categories. The department may also allow a city or county to identify sites for accessory dwelling units based on the number of accessory dwelling units developed in the prior housing element planning period whether or not the units are permitted by right, the need for these units in the community, the resources or incentives available for their development, and any other relevant factors, as determined by the department. Nothing in this section reduces the responsibility of a city or county to identify, by income category, the total number of sites for residential development as required by this article.
(b)Sites that contain permanent housing units located on a military base undergoing closure or conversion as a result of action pursuant to the Defense Authorization Amendments and Base Closure and Realignment Act (Public Law 100-526), the Defense Base Closure and Realignment Act of 1990 (Public Law 101-510), or any subsequent act requiring the closure or conversion of a military base may be identified as an adequate site if the housing element demonstrates that the housing units will be available for occupancy by households within the planning period of the element. No sites containing housing units scheduled or planned for demolition or conversion to nonresidential uses shall qualify as an adequate site.
Any city, city and county, or county using this subdivision shall address the progress in meeting this section in the reports provided pursuant to paragraph (1) of subdivision (b) of Section 65400.
(c)(1)The Department of Housing and Community Development may allow a city or county to substitute the provision of units for up to 25 percent of the communitys obligation to identify adequate sites for any income category in its housing element pursuant to paragraph (1) of subdivision (c) of Section 65583 where the community includes in its housing element a program committing the local government to provide units in that income category within the city or county that will be made available through the provision of committed assistance during the planning period covered by the element to low- and very low income households at affordable housing costs or affordable rents, as defined in Sections 50052.5 and 50053 of the Health and Safety Code, and which meet the requirements of paragraph (2). Except as otherwise provided in this subdivision, the community may substitute one dwelling unit for one dwelling unit site in the applicable income category. The program shall do all of the following:
(A)Identify the specific, existing sources of committed assistance and dedicate a specific portion of the funds from those sources to the provision of housing pursuant to this subdivision.
(B)Indicate the number of units that will be provided to both low- and very low income households and demonstrate that the amount of dedicated funds is sufficient to develop the units at affordable housing costs or affordable rents.
(C)Demonstrate that the units meet the requirements of paragraph (2).
(2)Only units that comply with subparagraph (A), (B), or (C) qualify for inclusion in the housing element program described in paragraph (1), as follows:
(A)Units that are to be substantially rehabilitated with committed assistance from the city or county and constitute a net increase in the communitys stock of housing affordable to low- and very low income households. For purposes of this subparagraph, a unit is not eligible to be substantially rehabilitated unless all of the following requirements are met:
(i)At the time the unit is identified for substantial rehabilitation, (I) the local government has determined that the unit is at imminent risk of loss to the housing stock, (II) the local government has committed to provide relocation assistance pursuant to Chapter 16 (commencing with Section 7260) of Division 7 of Title 1 to any occupants temporarily or permanently displaced by the rehabilitation or code enforcement activity, or the relocation is otherwise provided prior to displacement either as a condition of receivership, or provided by the property owner or the local government pursuant to Article 2.5 (commencing with Section 17975) of Chapter 5 of Part 1.5 of Division 13 of the Health and Safety Code, or as otherwise provided by local ordinance; provided the assistance includes not less than the equivalent of four months rent and moving expenses and comparable replacement housing consistent with the moving expenses and comparable replacement housing required pursuant to Section 7260, (III) the local government requires that any displaced occupants will have the right to reoccupy the rehabilitated units, and (IV) the unit has been found by the local government or a court to be unfit for human habitation due to the existence of at least four violations of the conditions listed in subdivisions (a) to (g), inclusive, of Section 17995.3 of the Health and Safety Code.
(ii)The rehabilitated unit will have long-term affordability covenants and restrictions that require the unit to be available to, and occupied by, persons or families of low- or very low income at affordable housing costs for at least 20 years or the time period required by any applicable federal or state law or regulation.
(iii)Prior to initial occupancy after rehabilitation, the local code enforcement agency shall issue a certificate of occupancy indicating compliance with all applicable state and local building code and health and safety code requirements.
(B)Units that are located either on foreclosed property or in a multifamily rental or ownership housing complex of three or more units, are converted with committed assistance from the city or county from nonaffordable to affordable by acquisition of the unit or the purchase of affordability covenants and restrictions for the unit, are not acquired by eminent domain, and constitute a net increase in the communitys stock of housing affordable to low- and very low income households. For purposes of this subparagraph, a unit is not converted by acquisition or the purchase of affordability covenants unless all of the following occur:
(i)The unit is made available for rent at a cost affordable to low- or very low income households.
(ii)At the time the unit is identified for acquisition, the unit is not available at an affordable housing cost to either of the following:
(I)Low-income households, if the unit will be made affordable to low-income households.
(II)Very low income households, if the unit will be made affordable to very low income households.
(iii)At the time the unit is identified for acquisition the unit is not occupied by low- or very low income households or if the acquired unit is occupied, the local government has committed to provide relocation assistance prior to displacement, if any, pursuant to Chapter 16 (commencing with Section 7260) of Division 7 of Title 1 to any occupants displaced by the conversion, or the relocation is otherwise provided prior to displacement; provided the assistance includes not less than the equivalent of four months rent and moving expenses and comparable replacement housing consistent with the moving expenses and comparable replacement housing required pursuant to Section 7260.
(iv)The unit is in decent, safe, and sanitary condition at the time of occupancy.
(v)The unit has long-term affordability covenants and restrictions that require the unit to be affordable to persons of low- or very low income for not less than 55 years.
(vi)For units located in multifamily ownership housing complexes with three or more units, or on or after January 1, 2015, on foreclosed properties, at least an equal number of new-construction multifamily rental units affordable to lower income households have been constructed in the city or county within the same planning period as the number of ownership units to be converted.
(C)Units that will be preserved at affordable housing costs to persons or families of low- or very low incomes with committed assistance from the city or county by acquisition of the unit or the purchase of affordability covenants for the unit. For purposes of this subparagraph, a unit shall not be deemed preserved unless all of the following occur:
(i)The unit has long-term affordability covenants and restrictions that require the unit to be affordable to, and reserved for occupancy by, persons of the same or lower income group as the current occupants for a period of at least 40 years.
(ii)The unit is within an assisted housing development, as defined in paragraph (3) of subdivision (a) of Section 65863.10.
(iii)The city or county finds, after a public hearing, that the unit is eligible, and is reasonably expected, to change from housing affordable to low- and very low income households to any other use during the next five years due to termination of subsidy contracts, mortgage prepayment, or expiration of restrictions on use.
(iv)The unit is in decent, safe, and sanitary condition at the time of occupancy.
(v)At the time the unit is identified for preservation it is available at affordable cost to persons or families of low- or very low income.
(3)This subdivision does not apply to any city or county that, during the current or immediately prior planning period, as defined by Section 65588, has not met any of its share of the regional need for affordable housing, as defined in Section 65584, for low- and very low income households. A city or county shall document for any housing unit that a building permit has been issued and all development and permit fees have been paid or the unit is eligible to be lawfully occupied.
(4)For purposes of this subdivision, committed assistance means that the city or county enters into a legally enforceable agreement during the period from the beginning of the projection period until the end of the second year of the planning period that obligates sufficient available funds to provide the assistance necessary to make the identified units affordable and that requires that the units be made available for occupancy within two years of the execution of the agreement. Committed assistance does not include tenant-based rental assistance.
(5)For purposes of this subdivision, net increase includes only housing units provided committed assistance pursuant to subparagraph (A) or (B) of paragraph (2) in the current planning period, as defined in Section 65588, that were not provided committed assistance in the immediately prior planning period.
(6)For purposes of this subdivision, the time the unit is identified means the earliest time when any city or county agent, acting on behalf of a public entity, has proposed in writing or has proposed orally or in writing to the property owner, that the unit be considered for substantial rehabilitation, acquisition, or preservation.
(7)In the third year of the planning period, as defined by Section 65588, in the report required pursuant to Section 65400, each city or county that has included in its housing element a program to provide units pursuant to subparagraph (A), (B), or (C) of paragraph (2) shall report in writing to the legislative body, and to the department within 30 days of making its report to the legislative body, on its progress in providing units pursuant to this subdivision. The report shall identify the specific units for which committed assistance has been provided or which have been made available to low- and very low income households, and it shall adequately document how each unit complies with this subdivision. If, by July 1 of the third year of the planning period, the city or county has not entered into an enforceable agreement of committed assistance for all units specified in the programs adopted pursuant to subparagraph (A), (B), or (C) of paragraph (2), the city or county shall, not later than July 1 of the fourth year of the planning period, adopt an amended housing element in accordance with Section 65585, identifying additional adequate sites pursuant to paragraph (1) of subdivision (c) of Section 65583 sufficient to accommodate the number of units for which committed assistance was not provided. If a city or county does not amend its housing element to identify adequate sites to address any shortfall, or fails to complete the rehabilitation, acquisition, purchase of affordability covenants, or the preservation of any housing unit within two years after committed assistance was provided to that unit, it shall be prohibited from identifying units pursuant to subparagraph (A), (B), or (C) of paragraph (2) in the housing element that it adopts for the next planning period, as defined in Section 65588, above the number of units actually provided or preserved due to committed assistance.
(d)A city or county may reduce its share of the regional housing need by the number of units built between the start of the projection period and the deadline for adoption of the housing element. If the city or county reduces its share pursuant to this subdivision, the city or county shall include in the housing element a description of the methodology for assigning those housing units to an income category based on actual or projected sales price, rent levels, or other mechanisms establishing affordability.
SEC. 3.Section 65589.4 of the Government Code is amended to read:65589.4.(a)An attached housing development shall be a permitted use not subject to a conditional use permit on any parcel zoned for an attached housing development if local law so provides or if it satisfies the requirements of subdivision (b) and either of the following:
(1)The attached housing development satisfies the criteria of Section 21159.22, 21159.23, or 21159.24 of the Public Resources Code.
(2)The attached housing development meets all of the following criteria:
(A)The attached housing development is subject to a discretionary decision other than a conditional use permit and a negative declaration or mitigated negative declaration has been adopted for the attached housing development under the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code). If no public hearing is held with respect to the discretionary decision, then the negative declaration or mitigated negative declaration for the attached housing development may be adopted only after a public hearing to receive comments on the negative declaration or mitigated negative declaration.
(B)The attached housing development is consistent with both the jurisdictions zoning ordinance and general plan as it existed on the date the application was deemed complete, except that an attached housing development shall not be deemed to be inconsistent with the zoning designation for the site if that zoning designation is inconsistent with the general plan only because the attached housing development site has not been rezoned to conform with the most recent adopted general plan.
(C)The attached housing development is located in an area that is covered by one of the following documents that has been adopted by the jurisdiction within five years of the date the application for the attached housing development was deemed complete:
(i)A general plan.
(ii)A revision or update to the general plan that includes at least the land use and circulation elements.
(iii)An applicable community plan.
(iv)An applicable specific plan.
(D)The attached housing development consists of not more than 100 residential units with a minimum density of not less than 12 units per acre or a minimum density of not less than eight units per acre if the attached housing development consists of four or fewer units.
(E)The attached housing development is located in an urbanized area as defined in Section 21071 of the Public Resources Code or within a census-defined place with a population density of at least 5,000 persons per square mile or, if the attached housing development consists of 50 or fewer units, within an incorporated city with a population density of at least 2,500 persons per square mile and a total population of at least 25,000 persons.
(F)The attached housing development is located on an infill site as defined in Section 21061.0.5 of the Public Resources Code.
(b)At least 10 percent of the units of the attached housing development shall be available at affordable housing cost to very low income households, as defined in Section 50105 of the Health and Safety Code, or at least 20 percent of the units of the attached housing development shall be available at affordable housing cost to lower income households, as defined in Section 50079.5 of the Health and Safety Code, or at least 50 percent of the units of the attached housing development available at affordable housing cost to moderate-income households, consistent with Section 50052.5 of the Health and Safety Code. The developer of the attached housing development shall provide sufficient legal commitments to the local agency to ensure the continued availability and use of the housing units for very low, low-, or moderate-income households for a period of at least 30 years.
(c)Nothing in this section shall prohibit a local agency from applying design and site review standards in existence on the date the application was deemed complete.
(d)The provisions of this section are independent of any obligation of a jurisdiction pursuant to subdivision (c) of Section 65583 to identify multifamily sites developable by right.
(e)This section does not apply to the issuance of coastal development permits pursuant to the California Coastal Act (Division 20 (commencing with Section 30000) of the Public Resources Code).
(f)This section does not relieve a public agency from complying with the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) or relieve an applicant or public agency from complying with the Subdivision Map Act (Division 2 (commencing with Section 66473)).
(g)This section is applicable to all cities and counties, including charter cities, because the Legislature finds that the lack of affordable housing is of vital statewide importance, and thus a matter of statewide concern.
(h)For purposes of this section, attached housing development means a newly constructed or substantially rehabilitated structure containing two or more dwelling units and consisting only of residential units, but does not include an accessory dwelling unit, as defined by paragraph (4) of subdivision (i) (j) of Section 65852.2, or the conversion of an existing structure to condominiums.
SEC. 4.Section 65852.150 of the Government Code is amended to read:65852.150.(a)The Legislature finds and declares all of the following:
(1)Accessory dwelling units are a valuable form of housing in California.
(2)Accessory dwelling units provide housing for family members, students, the elderly, in-home health care providers, the disabled, and others, at below market prices within existing neighborhoods.
(3)Homeowners who create accessory dwelling units benefit from added income, and an increased sense of security.
(4)Allowing accessory dwelling units in single-family or multifamily residential zones provides additional rental housing stock in California.
(5)California faces a severe housing crisis.
(6)The state is falling far short of meeting current and future housing demand with serious consequences for the states economy, our ability to build green infill consistent with state greenhouse gas reduction goals, and the well-being of our citizens, particularly lower and middle-income earners.
(7)Accessory dwelling units offer lower cost housing to meet the needs of existing and future residents within existing neighborhoods, while respecting architectural character.
(8)Accessory dwelling units are, therefore, an essential component of Californias housing supply.
(b)It is the intent of the Legislature that an accessory dwelling unit-ordinance unit ordinance adopted by a local agency has the effect of providing for the creation of accessory dwelling units and that provisions in this ordinance relating to matters including unit size, parking, fees fees, and other requirements, are not so arbitrary, excessive, or burdensome so as to unreasonably restrict the ability of homeowners to create accessory dwelling units in zones in which they are authorized by local ordinance.
SEC. 5.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, 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)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.
(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 90 days of submittal of a complete building permit 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 200102 Regular Session of the Legislature, including the costs of adopting or amending any ordinance that provides for the creation of accessory dwelling units.
(b)(1)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 this subdivision unless it adopts an ordinance in accordance with subdivision (a) within 90 days after receiving the application. Notwithstanding Section 65901 or 65906, every local agency shall ministerially approve the creation of an accessory dwelling unit if the accessory dwelling unit complies with all of the following:
(A)The unit is not intended for sale separate from the primary residence 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 accessory dwelling 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 accessory dwelling unit shall not exceed 50 percent of the existing living area. area, with a maximum increase in floor area of 1,200 square feet.
(F)The total area of floorspace for a detached accessory dwelling 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 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 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), 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 or that the property be used for rentals of terms longer than 30 days.
(4)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.
(5)An accessory dwelling unit that conforms to this subdivision 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.
(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 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 that does not otherwise permit at least a 500-foot accessory dwelling unit or a 500-foot 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.
(d)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. 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 fire and life safety conditions. This subdivision shall not apply to a unit that is described in subdivision (e).
(e)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 or shopping.
(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.
(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.
(f)Notwithstanding subdivisions (a) to (e), 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.
(g)(1)Fees charged for the construction of accessory dwelling units shall be determined in accordance with Chapter 5 (commencing with Section 66000). Accessory 66000) and Chapter 7 (commencing with Section 66012).
(2)Accessory dwelling units shall not be considered new residential uses for the purposes of calculating private or public utility local agency connection fees, fees or capacity charges for utilities, including water and sewer service.
(A)For an accessory dwelling unit described in subdivision (f), 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 capacity charge.
(B)For an accessory dwelling unit that is not described in subdivision (f), a local agency may require a new or separate utility connection directly between the accessory dwelling unity 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.
(h)This section does not limit the authority of local agencies to adopt less restrictive requirements for the creation of accessory dwelling units.
(i)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.
(j)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)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.
(k)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. 6.Section 66412.2 of the Government Code is amended to read:66412.2.This division shall not apply to the construction, financing, or leasing of dwelling units pursuant to Section 65852.1 or accessory dwelling units pursuant to Section 65852.2, but this division shall be applicable to the sale or transfer, but not leasing, of those units.
SEC. 7.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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.
The Legislature finds and declares that it has provided reforms and incentives to facilitate and expedite the construction of affordable housing. Those reforms and incentives can be found in the following provisions:
(a)Housing element law (Article 10.6 (commencing with Section 65580) of Chapter 3).
(b)Extension of statute of limitations in actions challenging the housing element and brought in support of affordable housing (subdivision (d) of Section 65009).
(c)Restrictions on disapproval of housing developments (Section 65589.5).
(d)Priority for affordable housing in the allocation of water and sewer hookups (Section 65589.7).
(e)Least cost zoning law (Section 65913.1).
(f)Density bonus law (Section 65915).
(g)Accessory dwelling units (Sections 65852.150 and 65852.2).
(h)By-right housing, in which certain multifamily housing are designated a permitted use (Section 65589.4).
(i)No-net-loss-in zoning density law limiting downzonings and density reductions (Section 65863).
(j)Requiring persons who sue to halt affordable housing to pay attorney fees (Section 65914) or post a bond (Section 529.2 of the Code of Civil Procedure).
(k)Reduced time for action on affordable housing applications under the approval of development permits process (Article 5 (commencing with Section 65950) of Chapter 4.5).
(l)Limiting moratoriums on multifamily housing (Section 65858).
(m)Prohibiting discrimination against affordable housing (Section 65008).
(n)California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3).
(o)Community redevelopment law (Part 1 (commencing with Section 33000) of Division 24 of the Health and Safety Code, and in particular Sections 33334.2 and 33413).
SEC. 2.Section 65583.1 of the Government Code is amended to read:65583.1.(a) The Department of Housing and Community Development, in evaluating a proposed or adopted housing element for substantial compliance with this article, may allow a city or county to identify adequate sites, as required pursuant to Section 65583, by a variety of methods, including, but not limited to, redesignation of property to a more intense land use category and increasing the density allowed within one or more categories. The department may also allow a city or county to identify sites for accessory dwelling units based on the number of accessory dwelling units developed in the prior housing element planning period whether or not the units are permitted by right, the need for these units in the community, the resources or incentives available for their development, and any other relevant factors, as determined by the department. Nothing in this section reduces the responsibility of a city or county to identify, by income category, the total number of sites for residential development as required by this article.
(b)Sites that contain permanent housing units located on a military base undergoing closure or conversion as a result of action pursuant to the Defense Authorization Amendments and Base Closure and Realignment Act (Public Law 100-526), the Defense Base Closure and Realignment Act of 1990 (Public Law 101-510), or any subsequent act requiring the closure or conversion of a military base may be identified as an adequate site if the housing element demonstrates that the housing units will be available for occupancy by households within the planning period of the element. No sites containing housing units scheduled or planned for demolition or conversion to nonresidential uses shall qualify as an adequate site.
Any city, city and county, or county using this subdivision shall address the progress in meeting this section in the reports provided pursuant to paragraph (1) of subdivision (b) of Section 65400.
(c)(1)The Department of Housing and Community Development may allow a city or county to substitute the provision of units for up to 25 percent of the communitys obligation to identify adequate sites for any income category in its housing element pursuant to paragraph (1) of subdivision (c) of Section 65583 where the community includes in its housing element a program committing the local government to provide units in that income category within the city or county that will be made available through the provision of committed assistance during the planning period covered by the element to low- and very low income households at affordable housing costs or affordable rents, as defined in Sections 50052.5 and 50053 of the Health and Safety Code, and which meet the requirements of paragraph (2). Except as otherwise provided in this subdivision, the community may substitute one dwelling unit for one dwelling unit site in the applicable income category. The program shall do all of the following:
(A)Identify the specific, existing sources of committed assistance and dedicate a specific portion of the funds from those sources to the provision of housing pursuant to this subdivision.
(B)Indicate the number of units that will be provided to both low- and very low income households and demonstrate that the amount of dedicated funds is sufficient to develop the units at affordable housing costs or affordable rents.
(C)Demonstrate that the units meet the requirements of paragraph (2).
(2)Only units that comply with subparagraph (A), (B), or (C) qualify for inclusion in the housing element program described in paragraph (1), as follows:
(A)Units that are to be substantially rehabilitated with committed assistance from the city or county and constitute a net increase in the communitys stock of housing affordable to low- and very low income households. For purposes of this subparagraph, a unit is not eligible to be substantially rehabilitated unless all of the following requirements are met:
(i)At the time the unit is identified for substantial rehabilitation, (I) the local government has determined that the unit is at imminent risk of loss to the housing stock, (II) the local government has committed to provide relocation assistance pursuant to Chapter 16 (commencing with Section 7260) of Division 7 of Title 1 to any occupants temporarily or permanently displaced by the rehabilitation or code enforcement activity, or the relocation is otherwise provided prior to displacement either as a condition of receivership, or provided by the property owner or the local government pursuant to Article 2.5 (commencing with Section 17975) of Chapter 5 of Part 1.5 of Division 13 of the Health and Safety Code, or as otherwise provided by local ordinance; provided the assistance includes not less than the equivalent of four months rent and moving expenses and comparable replacement housing consistent with the moving expenses and comparable replacement housing required pursuant to Section 7260, (III) the local government requires that any displaced occupants will have the right to reoccupy the rehabilitated units, and (IV) the unit has been found by the local government or a court to be unfit for human habitation due to the existence of at least four violations of the conditions listed in subdivisions (a) to (g), inclusive, of Section 17995.3 of the Health and Safety Code.
(ii)The rehabilitated unit will have long-term affordability covenants and restrictions that require the unit to be available to, and occupied by, persons or families of low- or very low income at affordable housing costs for at least 20 years or the time period required by any applicable federal or state law or regulation.
(iii)Prior to initial occupancy after rehabilitation, the local code enforcement agency shall issue a certificate of occupancy indicating compliance with all applicable state and local building code and health and safety code requirements.
(B)Units that are located either on foreclosed property or in a multifamily rental or ownership housing complex of three or more units, are converted with committed assistance from the city or county from nonaffordable to affordable by acquisition of the unit or the purchase of affordability covenants and restrictions for the unit, are not acquired by eminent domain, and constitute a net increase in the communitys stock of housing affordable to low- and very low income households. For purposes of this subparagraph, a unit is not converted by acquisition or the purchase of affordability covenants unless all of the following occur:
(i)The unit is made available for rent at a cost affordable to low- or very low income households.
(ii)At the time the unit is identified for acquisition, the unit is not available at an affordable housing cost to either of the following:
(I)Low-income households, if the unit will be made affordable to low-income households.
(II)Very low income households, if the unit will be made affordable to very low income households.
(iii)At the time the unit is identified for acquisition the unit is not occupied by low- or very low income households or if the acquired unit is occupied, the local government has committed to provide relocation assistance prior to displacement, if any, pursuant to Chapter 16 (commencing with Section 7260) of Division 7 of Title 1 to any occupants displaced by the conversion, or the relocation is otherwise provided prior to displacement; provided the assistance includes not less than the equivalent of four months rent and moving expenses and comparable replacement housing consistent with the moving expenses and comparable replacement housing required pursuant to Section 7260.
(iv)The unit is in decent, safe, and sanitary condition at the time of occupancy.
(v)The unit has long-term affordability covenants and restrictions that require the unit to be affordable to persons of low- or very low income for not less than 55 years.
(vi)For units located in multifamily ownership housing complexes with three or more units, or on or after January 1, 2015, on foreclosed properties, at least an equal number of new-construction multifamily rental units affordable to lower income households have been constructed in the city or county within the same planning period as the number of ownership units to be converted.
(C)Units that will be preserved at affordable housing costs to persons or families of low- or very low incomes with committed assistance from the city or county by acquisition of the unit or the purchase of affordability covenants for the unit. For purposes of this subparagraph, a unit shall not be deemed preserved unless all of the following occur:
(i)The unit has long-term affordability covenants and restrictions that require the unit to be affordable to, and reserved for occupancy by, persons of the same or lower income group as the current occupants for a period of at least 40 years.
(ii)The unit is within an assisted housing development, as defined in paragraph (3) of subdivision (a) of Section 65863.10.
(iii)The city or county finds, after a public hearing, that the unit is eligible, and is reasonably expected, to change from housing affordable to low- and very low income households to any other use during the next five years due to termination of subsidy contracts, mortgage prepayment, or expiration of restrictions on use.
(iv)The unit is in decent, safe, and sanitary condition at the time of occupancy.
(v)At the time the unit is identified for preservation it is available at affordable cost to persons or families of low- or very low income.
(3)This subdivision does not apply to any city or county that, during the current or immediately prior planning period, as defined by Section 65588, has not met any of its share of the regional need for affordable housing, as defined in Section 65584, for low- and very low income households. A city or county shall document for any housing unit that a building permit has been issued and all development and permit fees have been paid or the unit is eligible to be lawfully occupied.
(4)For purposes of this subdivision, committed assistance means that the city or county enters into a legally enforceable agreement during the period from the beginning of the projection period until the end of the second year of the planning period that obligates sufficient available funds to provide the assistance necessary to make the identified units affordable and that requires that the units be made available for occupancy within two years of the execution of the agreement. Committed assistance does not include tenant-based rental assistance.
(5)For purposes of this subdivision, net increase includes only housing units provided committed assistance pursuant to subparagraph (A) or (B) of paragraph (2) in the current planning period, as defined in Section 65588, that were not provided committed assistance in the immediately prior planning period.
(6)For purposes of this subdivision, the time the unit is identified means the earliest time when any city or county agent, acting on behalf of a public entity, has proposed in writing or has proposed orally or in writing to the property owner, that the unit be considered for substantial rehabilitation, acquisition, or preservation.
(7)In the third year of the planning period, as defined by Section 65588, in the report required pursuant to Section 65400, each city or county that has included in its housing element a program to provide units pursuant to subparagraph (A), (B), or (C) of paragraph (2) shall report in writing to the legislative body, and to the department within 30 days of making its report to the legislative body, on its progress in providing units pursuant to this subdivision. The report shall identify the specific units for which committed assistance has been provided or which have been made available to low- and very low income households, and it shall adequately document how each unit complies with this subdivision. If, by July 1 of the third year of the planning period, the city or county has not entered into an enforceable agreement of committed assistance for all units specified in the programs adopted pursuant to subparagraph (A), (B), or (C) of paragraph (2), the city or county shall, not later than July 1 of the fourth year of the planning period, adopt an amended housing element in accordance with Section 65585, identifying additional adequate sites pursuant to paragraph (1) of subdivision (c) of Section 65583 sufficient to accommodate the number of units for which committed assistance was not provided. If a city or county does not amend its housing element to identify adequate sites to address any shortfall, or fails to complete the rehabilitation, acquisition, purchase of affordability covenants, or the preservation of any housing unit within two years after committed assistance was provided to that unit, it shall be prohibited from identifying units pursuant to subparagraph (A), (B), or (C) of paragraph (2) in the housing element that it adopts for the next planning period, as defined in Section 65588, above the number of units actually provided or preserved due to committed assistance.
(d)A city or county may reduce its share of the regional housing need by the number of units built between the start of the projection period and the deadline for adoption of the housing element. If the city or county reduces its share pursuant to this subdivision, the city or county shall include in the housing element a description of the methodology for assigning those housing units to an income category based on actual or projected sales price, rent levels, or other mechanisms establishing affordability.
SEC. 3.Section 65589.4 of the Government Code is amended to read:65589.4.(a)An attached housing development shall be a permitted use not subject to a conditional use permit on any parcel zoned for an attached housing development if local law so provides or if it satisfies the requirements of subdivision (b) and either of the following:
(1)The attached housing development satisfies the criteria of Section 21159.22, 21159.23, or 21159.24 of the Public Resources Code.
(2)The attached housing development meets all of the following criteria:
(A)The attached housing development is subject to a discretionary decision other than a conditional use permit and a negative declaration or mitigated negative declaration has been adopted for the attached housing development under the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code). If no public hearing is held with respect to the discretionary decision, then the negative declaration or mitigated negative declaration for the attached housing development may be adopted only after a public hearing to receive comments on the negative declaration or mitigated negative declaration.
(B)The attached housing development is consistent with both the jurisdictions zoning ordinance and general plan as it existed on the date the application was deemed complete, except that an attached housing development shall not be deemed to be inconsistent with the zoning designation for the site if that zoning designation is inconsistent with the general plan only because the attached housing development site has not been rezoned to conform with the most recent adopted general plan.
(C)The attached housing development is located in an area that is covered by one of the following documents that has been adopted by the jurisdiction within five years of the date the application for the attached housing development was deemed complete:
(i)A general plan.
(ii)A revision or update to the general plan that includes at least the land use and circulation elements.
(iii)An applicable community plan.
(iv)An applicable specific plan.
(D)The attached housing development consists of not more than 100 residential units with a minimum density of not less than 12 units per acre or a minimum density of not less than eight units per acre if the attached housing development consists of four or fewer units.
(E)The attached housing development is located in an urbanized area as defined in Section 21071 of the Public Resources Code or within a census-defined place with a population density of at least 5,000 persons per square mile or, if the attached housing development consists of 50 or fewer units, within an incorporated city with a population density of at least 2,500 persons per square mile and a total population of at least 25,000 persons.
(F)The attached housing development is located on an infill site as defined in Section 21061.0.5 of the Public Resources Code.
(b)At least 10 percent of the units of the attached housing development shall be available at affordable housing cost to very low income households, as defined in Section 50105 of the Health and Safety Code, or at least 20 percent of the units of the attached housing development shall be available at affordable housing cost to lower income households, as defined in Section 50079.5 of the Health and Safety Code, or at least 50 percent of the units of the attached housing development available at affordable housing cost to moderate-income households, consistent with Section 50052.5 of the Health and Safety Code. The developer of the attached housing development shall provide sufficient legal commitments to the local agency to ensure the continued availability and use of the housing units for very low, low-, or moderate-income households for a period of at least 30 years.
(c)Nothing in this section shall prohibit a local agency from applying design and site review standards in existence on the date the application was deemed complete.
(d)The provisions of this section are independent of any obligation of a jurisdiction pursuant to subdivision (c) of Section 65583 to identify multifamily sites developable by right.
(e)This section does not apply to the issuance of coastal development permits pursuant to the California Coastal Act (Division 20 (commencing with Section 30000) of the Public Resources Code).
(f)This section does not relieve a public agency from complying with the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) or relieve an applicant or public agency from complying with the Subdivision Map Act (Division 2 (commencing with Section 66473)).
(g)This section is applicable to all cities and counties, including charter cities, because the Legislature finds that the lack of affordable housing is of vital statewide importance, and thus a matter of statewide concern.
(h)For purposes of this section, attached housing development means a newly constructed or substantially rehabilitated structure containing two or more dwelling units and consisting only of residential units, but does not include an accessory dwelling unit, as defined by paragraph (4) of subdivision (i) of Section 65852.2, or the conversion of an existing structure to condominiums.
SEC. 4.Section 65852.150 of the Government Code is amended to read:65852.150.(a)The Legislature finds and declares all of the following:
(1)Accessory dwelling units are a valuable form of housing in California.
(2)Accessory dwelling units provide housing for family members, students, the elderly, in-home health care providers, the disabled, and others, at below market prices within existing neighborhoods.
(3)Homeowners who create accessory dwelling units benefit from added income, and an increased sense of security.
(4)Allowing accessory dwelling units in single-family or multifamily residential zones provides additional rental housing stock in California.
(5)California faces a severe housing crisis.
(6)The state is falling far short of meeting current and future housing demand with serious consequences for the states economy, our ability to build green infill consistent with state greenhouse gas reduction goals, and the well-being of our citizens, particularly lower and middle-income earners.
(7)Accessory dwelling units offer lower cost housing to meet the needs of existing and future residents within existing neighborhoods, while respecting architectural character.
(8)Accessory dwelling units are, therefore, an essential component of Californias housing supply.
(b)It is the intent of the Legislature that an accessory dwelling unit-ordinance adopted by a local agency has the effect of providing for the creation of accessory dwelling units and that provisions in this ordinance relating to matters including unit size, parking, fees and other requirements, are not so arbitrary, excessive, or burdensome so as to unreasonably restrict the ability of homeowners to create accessory dwelling units in zones in which they are authorized by local ordinance.
SEC. 5.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, 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 an accessory dwelling unit in any of the following instances:
(i)The accessory dwelling unit is located within one-half mile of public transit or shopping.
(ii)The accessory dwelling unit is located within an architecturally and historically significant historic district.
(iii)The accessory dwelling unit is part of the existing primary residence.
(iv)When on-street parking permits are required, but not offered to the occupant of the accessory dwelling unit.
(v)When there is a car share vehicle located within one block of the accessory dwelling unit.
(C)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.
(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 90 days of submittal of a complete building permit 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 200102 Regular Session of the Legislature, including the costs of adopting or amending any ordinance that provides for the creation of accessory dwelling units.
(b)(1)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 this subdivision unless it adopts an ordinance in accordance with subdivision (a) within 90 days after receiving the application. Notwithstanding Section 65901 or 65906, every local agency shall ministerially approve the creation of an accessory dwelling unit if the accessory dwelling unit complies with all of the following:
(A)The unit is not intended for sale separate from the primary residence 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 accessory dwelling 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 accessory dwelling unit shall not exceed 50 percent of the existing living area.
(F)The total area of floorspace for a detached accessory dwelling 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 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 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), 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 or that the property be used for rentals of terms longer than 30 days.
(4) 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.
(5)An accessory dwelling unit that conforms to this subdivision 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.
(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 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 that does not otherwise permit at least a 500-foot accessory dwelling unit or a 500-foot 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.
(d)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. 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 fire and life safety conditions. This subdivision shall not apply to a unit that complies with paragraph (1) of subdivision (b). is described in subdivision (e).
(e)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 or shopping.
(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.
(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)
(f)Notwithstanding subdivisions (a) to (d), (e), 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)
(g)Fees charged for the construction of accessory dwelling units shall be determined in accordance with Chapter 5 (commencing with Section 66000). Accessory dwelling units shall not be considered new residential uses for the purposes of calculating private or public utility connection fees, including water and sewer service.
(g)
(h)This section does not limit the authority of local agencies to adopt less restrictive requirements for the creation of accessory dwelling units.
(h)
(i)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.
(i)
(j)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.
(j)
(k)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. 6.Section 66412.2 of the Government Code is amended to read:66412.2.This division shall not apply to the construction, financing, or leasing of dwelling units pursuant to Section 65852.1 or accessory dwelling units pursuant to Section 65852.2, but this division shall be applicable to the sale or transfer, but not leasing, of those units.
SEC. 7.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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.
The Legislature finds and declares that it has provided reforms and incentives to facilitate and expedite the construction of affordable housing. Those reforms and incentives can be found in the following provisions:
(a)Housing element law (Article 10.6 (commencing with Section 65580) of Chapter 3).
(b)Extension of statute of limitations in actions challenging the housing element and brought in support of affordable housing (subdivision (d) of Section 65009).
(c)Restrictions on disapproval of housing developments (Section 65589.5).
(d)Priority for affordable housing in the allocation of water and sewer hookups (Section 65589.7).
(e)Least cost zoning law (Section 65913.1).
(f)Density bonus law (Section 65915).
(g)Accessory dwelling units (Sections 65852.150 and 65852.2).
(h)By-right housing, in which certain multifamily housing are designated a permitted use (Section 65589.4).
(i)No-net-loss-in zoning density law limiting downzonings and density reductions (Section 65863).
(j)Requiring persons who sue to halt affordable housing to pay attorney fees (Section 65914) or post a bond (Section 529.2 of the Code of Civil Procedure).
(k)Reduced time for action on affordable housing applications under the approval of development permits process (Article 5 (commencing with Section 65950) of Chapter 4.5).
(l)Limiting moratoriums on multifamily housing (Section 65858).
(m)Prohibiting discrimination against affordable housing (Section 65008).
(n)California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3).
(o)Community redevelopment law (Part 1 (commencing with Section 33000) of Division 24 of the Health and Safety Code, and in particular Sections 33334.2 and 33413).
SEC. 2.Section 65583.1 of the Government Code is amended to read:65583.1.(a) The Department of Housing and Community Development, in evaluating a proposed or adopted housing element for substantial compliance with this article, may allow a city or county to identify adequate sites, as required pursuant to Section 65583, by a variety of methods, including, but not limited to, redesignation of property to a more intense land use category and increasing the density allowed within one or more categories. The department may also allow a city or county to identify sites for accessory dwelling units based on the number of accessory dwelling units developed in the prior housing element planning period whether or not the units are permitted by right, the need for these units in the community, the resources or incentives available for their development, and any other relevant factors, as determined by the department. Nothing in this section reduces the responsibility of a city or county to identify, by income category, the total number of sites for residential development as required by this article.
(b)Sites that contain permanent housing units located on a military base undergoing closure or conversion as a result of action pursuant to the Defense Authorization Amendments and Base Closure and Realignment Act (Public Law 100-526), the Defense Base Closure and Realignment Act of 1990 (Public Law 101-510), or any subsequent act requiring the closure or conversion of a military base may be identified as an adequate site if the housing element demonstrates that the housing units will be available for occupancy by households within the planning period of the element. No sites containing housing units scheduled or planned for demolition or conversion to nonresidential uses shall qualify as an adequate site.
Any city, city and county, or county using this subdivision shall address the progress in meeting this section in the reports provided pursuant to paragraph (1) of subdivision (b) of Section 65400.
(c)(1)The Department of Housing and Community Development may allow a city or county to substitute the provision of units for up to 25 percent of the communitys obligation to identify adequate sites for any income category in its housing element pursuant to paragraph (1) of subdivision (c) of Section 65583 where the community includes in its housing element a program committing the local government to provide units in that income category within the city or county that will be made available through the provision of committed assistance during the planning period covered by the element to low- and very low income households at affordable housing costs or affordable rents, as defined in Sections 50052.5 and 50053 of the Health and Safety Code, and which meet the requirements of paragraph (2). Except as otherwise provided in this subdivision, the community may substitute one dwelling unit for one dwelling unit site in the applicable income category. The program shall do all of the following:
(A)Identify the specific, existing sources of committed assistance and dedicate a specific portion of the funds from those sources to the provision of housing pursuant to this subdivision.
(B)Indicate the number of units that will be provided to both low- and very low income households and demonstrate that the amount of dedicated funds is sufficient to develop the units at affordable housing costs or affordable rents.
(C)Demonstrate that the units meet the requirements of paragraph (2).
(2)Only units that comply with subparagraph (A), (B), or (C) qualify for inclusion in the housing element program described in paragraph (1), as follows:
(A)Units that are to be substantially rehabilitated with committed assistance from the city or county and constitute a net increase in the communitys stock of housing affordable to low- and very low income households. For purposes of this subparagraph, a unit is not eligible to be substantially rehabilitated unless all of the following requirements are met:
(i)At the time the unit is identified for substantial rehabilitation, (I) the local government has determined that the unit is at imminent risk of loss to the housing stock, (II) the local government has committed to provide relocation assistance pursuant to Chapter 16 (commencing with Section 7260) of Division 7 of Title 1 to any occupants temporarily or permanently displaced by the rehabilitation or code enforcement activity, or the relocation is otherwise provided prior to displacement either as a condition of receivership, or provided by the property owner or the local government pursuant to Article 2.5 (commencing with Section 17975) of Chapter 5 of Part 1.5 of Division 13 of the Health and Safety Code, or as otherwise provided by local ordinance; provided the assistance includes not less than the equivalent of four months rent and moving expenses and comparable replacement housing consistent with the moving expenses and comparable replacement housing required pursuant to Section 7260, (III) the local government requires that any displaced occupants will have the right to reoccupy the rehabilitated units, and (IV) the unit has been found by the local government or a court to be unfit for human habitation due to the existence of at least four violations of the conditions listed in subdivisions (a) to (g), inclusive, of Section 17995.3 of the Health and Safety Code.
(ii)The rehabilitated unit will have long-term affordability covenants and restrictions that require the unit to be available to, and occupied by, persons or families of low- or very low income at affordable housing costs for at least 20 years or the time period required by any applicable federal or state law or regulation.
(iii)Prior to initial occupancy after rehabilitation, the local code enforcement agency shall issue a certificate of occupancy indicating compliance with all applicable state and local building code and health and safety code requirements.
(B)Units that are located either on foreclosed property or in a multifamily rental or ownership housing complex of three or more units, are converted with committed assistance from the city or county from nonaffordable to affordable by acquisition of the unit or the purchase of affordability covenants and restrictions for the unit, are not acquired by eminent domain, and constitute a net increase in the communitys stock of housing affordable to low- and very low income households. For purposes of this subparagraph, a unit is not converted by acquisition or the purchase of affordability covenants unless all of the following occur:
(i)The unit is made available for rent at a cost affordable to low- or very low income households.
(ii)At the time the unit is identified for acquisition, the unit is not available at an affordable housing cost to either of the following:
(I)Low-income households, if the unit will be made affordable to low-income households.
(II)Very low income households, if the unit will be made affordable to very low income households.
(iii)At the time the unit is identified for acquisition the unit is not occupied by low- or very low income households or if the acquired unit is occupied, the local government has committed to provide relocation assistance prior to displacement, if any, pursuant to Chapter 16 (commencing with Section 7260) of Division 7 of Title 1 to any occupants displaced by the conversion, or the relocation is otherwise provided prior to displacement; provided the assistance includes not less than the equivalent of four months rent and moving expenses and comparable replacement housing consistent with the moving expenses and comparable replacement housing required pursuant to Section 7260.
(iv)The unit is in decent, safe, and sanitary condition at the time of occupancy.
(v)The unit has long-term affordability covenants and restrictions that require the unit to be affordable to persons of low- or very low income for not less than 55 years.
(vi)For units located in multifamily ownership housing complexes with three or more units, or on or after January 1, 2015, on foreclosed properties, at least an equal number of new-construction multifamily rental units affordable to lower income households have been constructed in the city or county within the same planning period as the number of ownership units to be converted.
(C)Units that will be preserved at affordable housing costs to persons or families of low- or very low incomes with committed assistance from the city or county by acquisition of the unit or the purchase of affordability covenants for the unit. For purposes of this subparagraph, a unit shall not be deemed preserved unless all of the following occur:
(i)The unit has long-term affordability covenants and restrictions that require the unit to be affordable to, and reserved for occupancy by, persons of the same or lower income group as the current occupants for a period of at least 40 years.
(ii)The unit is within an assisted housing development, as defined in paragraph (3) of subdivision (a) of Section 65863.10.
(iii)The city or county finds, after a public hearing, that the unit is eligible, and is reasonably expected, to change from housing affordable to low- and very low income households to any other use during the next five years due to termination of subsidy contracts, mortgage prepayment, or expiration of restrictions on use.
(iv)The unit is in decent, safe, and sanitary condition at the time of occupancy.
(v)At the time the unit is identified for preservation it is available at affordable cost to persons or families of low- or very low income.
(3)This subdivision does not apply to any city or county that, during the current or immediately prior planning period, as defined by Section 65588, has not met any of its share of the regional need for affordable housing, as defined in Section 65584, for low- and very low income households. A city or county shall document for any housing unit that a building permit has been issued and all development and permit fees have been paid or the unit is eligible to be lawfully occupied.
(4)For purposes of this subdivision, committed assistance means that the city or county enters into a legally enforceable agreement during the period from the beginning of the projection period until the end of the second year of the planning period that obligates sufficient available funds to provide the assistance necessary to make the identified units affordable and that requires that the units be made available for occupancy within two years of the execution of the agreement. Committed assistance does not include tenant-based rental assistance.
(5)For purposes of this subdivision, net increase includes only housing units provided committed assistance pursuant to subparagraph (A) or (B) of paragraph (2) in the current planning period, as defined in Section 65588, that were not provided committed assistance in the immediately prior planning period.
(6)For purposes of this subdivision, the time the unit is identified means the earliest time when any city or county agent, acting on behalf of a public entity, has proposed in writing or has proposed orally or in writing to the property owner, that the unit be considered for substantial rehabilitation, acquisition, or preservation.
(7)In the third year of the planning period, as defined by Section 65588, in the report required pursuant to Section 65400, each city or county that has included in its housing element a program to provide units pursuant to subparagraph (A), (B), or (C) of paragraph (2) shall report in writing to the legislative body, and to the department within 30 days of making its report to the legislative body, on its progress in providing units pursuant to this subdivision. The report shall identify the specific units for which committed assistance has been provided or which have been made available to low- and very low income households, and it shall adequately document how each unit complies with this subdivision. If, by July 1 of the third year of the planning period, the city or county has not entered into an enforceable agreement of committed assistance for all units specified in the programs adopted pursuant to subparagraph (A), (B), or (C) of paragraph (2), the city or county shall, not later than July 1 of the fourth year of the planning period, adopt an amended housing element in accordance with Section 65585, identifying additional adequate sites pursuant to paragraph (1) of subdivision (c) of Section 65583 sufficient to accommodate the number of units for which committed assistance was not provided. If a city or county does not amend its housing element to identify adequate sites to address any shortfall, or fails to complete the rehabilitation, acquisition, purchase of affordability covenants, or the preservation of any housing unit within two years after committed assistance was provided to that unit, it shall be prohibited from identifying units pursuant to subparagraph (A), (B), or (C) of paragraph (2) in the housing element that it adopts for the next planning period, as defined in Section 65588, above the number of units actually provided or preserved due to committed assistance.
(d)A city or county may reduce its share of the regional housing need by the number of units built between the start of the projection period and the deadline for adoption of the housing element. If the city or county reduces its share pursuant to this subdivision, the city or county shall include in the housing element a description of the methodology for assigning those housing units to an income category based on actual or projected sales price, rent levels, or other mechanisms establishing affordability.
SEC. 3.Section 65589.4 of the Government Code is amended to read:65589.4.(a)An attached housing development shall be a permitted use not subject to a conditional use permit on any parcel zoned for an attached housing development if local law so provides or if it satisfies the requirements of subdivision (b) and either of the following:
(1)The attached housing development satisfies the criteria of Section 21159.22, 21159.23, or 21159.24 of the Public Resources Code.
(2)The attached housing development meets all of the following criteria:
(A)The attached housing development is subject to a discretionary decision other than a conditional use permit and a negative declaration or mitigated negative declaration has been adopted for the attached housing development under the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code). If no public hearing is held with respect to the discretionary decision, then the negative declaration or mitigated negative declaration for the attached housing development may be adopted only after a public hearing to receive comments on the negative declaration or mitigated negative declaration.
(B)The attached housing development is consistent with both the jurisdictions zoning ordinance and general plan as it existed on the date the application was deemed complete, except that an attached housing development shall not be deemed to be inconsistent with the zoning designation for the site if that zoning designation is inconsistent with the general plan only because the attached housing development site has not been rezoned to conform with the most recent adopted general plan.
(C)The attached housing development is located in an area that is covered by one of the following documents that has been adopted by the jurisdiction within five years of the date the application for the attached housing development was deemed complete:
(i)A general plan.
(ii)A revision or update to the general plan that includes at least the land use and circulation elements.
(iii)An applicable community plan.
(iv)An applicable specific plan.
(D)The attached housing development consists of not more than 100 residential units with a minimum density of not less than 12 units per acre or a minimum density of not less than eight units per acre if the attached housing development consists of four or fewer units.
(E)The attached housing development is located in an urbanized area as defined in Section 21071 of the Public Resources Code or within a census-defined place with a population density of at least 5,000 persons per square mile or, if the attached housing development consists of 50 or fewer units, within an incorporated city with a population density of at least 2,500 persons per square mile and a total population of at least 25,000 persons.
(F)The attached housing development is located on an infill site as defined in Section 21061.0.5 of the Public Resources Code.
(b)At least 10 percent of the units of the attached housing development shall be available at affordable housing cost to very low income households, as defined in Section 50105 of the Health and Safety Code, or at least 20 percent of the units of the attached housing development shall be available at affordable housing cost to lower income households, as defined in Section 50079.5 of the Health and Safety Code, or at least 50 percent of the units of the attached housing development available at affordable housing cost to moderate-income households, consistent with Section 50052.5 of the Health and Safety Code. The developer of the attached housing development shall provide sufficient legal commitments to the local agency to ensure the continued availability and use of the housing units for very low, low-, or moderate-income households for a period of at least 30 years.
(c)Nothing in this section shall prohibit a local agency from applying design and site review standards in existence on the date the application was deemed complete.
(d)The provisions of this section are independent of any obligation of a jurisdiction pursuant to subdivision (c) of Section 65583 to identify multifamily sites developable by right.
(e)This section does not apply to the issuance of coastal development permits pursuant to the California Coastal Act (Division 20 (commencing with Section 30000) of the Public Resources Code).
(f)This section does not relieve a public agency from complying with the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) or relieve an applicant or public agency from complying with the Subdivision Map Act (Division 2 (commencing with Section 66473)).
(g)This section is applicable to all cities and counties, including charter cities, because the Legislature finds that the lack of affordable housing is of vital statewide importance, and thus a matter of statewide concern.
(h)For purposes of this section, attached housing development means a newly constructed or substantially rehabilitated structure containing two or more dwelling units and consisting only of residential units, but does not include an accessory dwelling unit, as defined by paragraph (4) of subdivision (i) of Section 65852.2, or the conversion of an existing structure to condominiums.
SEC. 4.Section 65852.150 of the Government Code is amended to read:65852.150.(a)The Legislature finds and declares all of the following:
(1)Accessory dwelling units are a valuable form of housing in California.
(2)Accessory dwelling units provide housing for family members, students, the elderly, in-home health care providers, the disabled, and others, at below market prices within existing neighborhoods.
(3)Homeowners who create accessory dwelling units benefit from added income, and an increased sense of security.
(4)Allowing accessory dwelling units in single-family or multifamily residential zones provides additional rental housing stock in California.
(5)California faces a severe housing crisis.
(6)The state is falling far short of meeting current and future housing demand with serious consequences for the states economy, our ability to build green infill consistent with state greenhouse gas reduction goals, and the well-being of our citizens, particularly lower and middle-income earners.
(7)Accessory dwelling units offer lower cost housing to meet the needs of existing and future residents within existing neighborhoods, while respecting architectural character.
(8)Accessory dwelling units are, therefore, an essential component of Californias housing supply.
(b)It is the intent of the Legislature that an accessory dwelling unit-ordinance adopted by a local agency has the effect of providing for the creation of accessory dwelling units and that provisions in this ordinance relating to matters including unit size, parking, fees and other requirements, are not so arbitrary, excessive, or burdensome so as to unreasonably restrict the ability of homeowners to create accessory dwelling units in zones in which they are authorized by local ordinance.
SEC. 5.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, 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 an accessory dwelling unit in any of the following instances:
(i)The accessory dwelling unit is located within one-half mile of public transit or shopping.
(ii)The accessory dwelling unit is located within an architecturally and historically significant historic district.
(iii)The accessory dwelling unit is part of the existing primary residence.
(iv)When on-street parking permits are required, but not offered to the occupant of the accessory dwelling unit.
(v)When there is a car share vehicle located within one block of the accessory dwelling unit.
(C)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.
(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 90 days of submittal of a complete building permit 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 200102 Regular Session of the Legislature, including the costs of adopting or amending any ordinance that provides for the creation of accessory dwelling units.
(b)(1)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 this subdivision unless it adopts an ordinance in accordance with subdivision (a) within 90 days after receiving the application. Notwithstanding Section 65901 or 65906, every local agency shall ministerially approve the creation of an accessory dwelling unit if the accessory dwelling unit complies with all of the following:
(A)The unit is not intended for sale separate from the primary residence 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 accessory dwelling 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 accessory dwelling unit shall not exceed 50 percent of the existing living area.
(F)The total area of floorspace for a detached accessory dwelling 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 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 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), 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. 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.
(5)An accessory dwelling unit that conforms to this subdivision 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.
(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 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 that does not otherwise permit at least a 500-foot accessory dwelling unit or a 500-foot 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.
(d)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. 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 fire and life safety conditions. This subdivision shall not apply to a unit that complies with paragraph (1) of subdivision (b).
(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)Fees charged for the construction of accessory dwelling units shall be determined in accordance with Chapter 5 (commencing with Section 66000). Accessory dwelling units shall not be considered new residential uses for the purposes of calculating private or public utility connection fees, including water and sewer service.
(g)This section does not limit the authority of local agencies to adopt less restrictive requirements for the creation of accessory dwelling units.
(h)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.
(i)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.
(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 units.
SEC. 6.Section 66412.2 of the Government Code is amended to read:66412.2.This division shall not apply to the construction, financing, or leasing of dwelling units pursuant to Section 65852.1 or accessory dwelling units pursuant to Section 65852.2, but this division shall be applicable to the sale or transfer, but not leasing, of those units.
SEC. 7.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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.
The Legislature finds and declares that it has provided reforms and incentives to facilitate and expedite the construction of affordable housing. Those reforms and incentives can be found in the following provisions:
(a)Housing element law (Article 10.6 (commencing with Section 65580) of Chapter 3).
(b)Extension of statute of limitations in actions challenging the housing element and brought in support of affordable housing (subdivision (d) of Section 65009).
(c)Restrictions on disapproval of housing developments (Section 65589.5).
(d)Priority for affordable housing in the allocation of water and sewer hookups (Section 65589.7).
(e)Least cost zoning law (Section 65913.1).
(f)Density bonus law (Section 65915).
(g)Accessory dwelling units (Sections 65852.150 and 65852.2).
(h)By-right housing, in which certain multifamily housing are designated a permitted use (Section 65589.4).
(i)No-net-loss-in zoning density law limiting downzonings and density reductions (Section 65863).
(j)Requiring persons who sue to halt affordable housing to pay attorney fees (Section 65914) or post a bond (Section 529.2 of the Code of Civil Procedure).
(k)Reduced time for action on affordable housing applications under the approval of development permits process (Article 5 (commencing with Section 65950) of Chapter 4.5).
(l)Limiting moratoriums on multifamily housing (Section 65858).
(m)Prohibiting discrimination against affordable housing (Section 65008).
(n)California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3).
(o)Community redevelopment law (Part 1 (commencing with Section 33000) of Division 24 of the Health and Safety Code, and in particular Sections 33334.2 and 33413).
SEC. 2.Section 65583.1 of the Government Code is amended to read:65583.1.(a) The Department of Housing and Community Development, in evaluating a proposed or adopted housing element for substantial compliance with this article, may allow a city or county to identify adequate sites, as required pursuant to Section 65583, by a variety of methods, including, but not limited to, redesignation of property to a more intense land use category and increasing the density allowed within one or more categories. The department may also allow a city or county to identify sites for accessory dwelling units based on the number of accessory dwelling units developed in the prior housing element planning period whether or not the units are permitted by right, the need for these units in the community, the resources or incentives available for their development, and any other relevant factors, as determined by the department. Nothing in this section reduces the responsibility of a city or county to identify, by income category, the total number of sites for residential development as required by this article.
(b)Sites that contain permanent housing units located on a military base undergoing closure or conversion as a result of action pursuant to the Defense Authorization Amendments and Base Closure and Realignment Act (Public Law 100-526), the Defense Base Closure and Realignment Act of 1990 (Public Law 101-510), or any subsequent act requiring the closure or conversion of a military base may be identified as an adequate site if the housing element demonstrates that the housing units will be available for occupancy by households within the planning period of the element. No sites containing housing units scheduled or planned for demolition or conversion to nonresidential uses shall qualify as an adequate site.
Any city, city and county, or county using this subdivision shall address the progress in meeting this section in the reports provided pursuant to paragraph (1) of subdivision (b) of Section 65400.
(c)(1)The Department of Housing and Community Development may allow a city or county to substitute the provision of units for up to 25 percent of the communitys obligation to identify adequate sites for any income category in its housing element pursuant to paragraph (1) of subdivision (c) of Section 65583 where the community includes in its housing element a program committing the local government to provide units in that income category within the city or county that will be made available through the provision of committed assistance during the planning period covered by the element to low- and very low income households at affordable housing costs or affordable rents, as defined in Sections 50052.5 and 50053 of the Health and Safety Code, and which meet the requirements of paragraph (2). Except as otherwise provided in this subdivision, the community may substitute one dwelling unit for one dwelling unit site in the applicable income category. The program shall do all of the following:
(A)Identify the specific, existing sources of committed assistance and dedicate a specific portion of the funds from those sources to the provision of housing pursuant to this subdivision.
(B)Indicate the number of units that will be provided to both low- and very low income households and demonstrate that the amount of dedicated funds is sufficient to develop the units at affordable housing costs or affordable rents.
(C)Demonstrate that the units meet the requirements of paragraph (2).
(2)Only units that comply with subparagraph (A), (B), or (C) qualify for inclusion in the housing element program described in paragraph (1), as follows:
(A)Units that are to be substantially rehabilitated with committed assistance from the city or county and constitute a net increase in the communitys stock of housing affordable to low- and very low income households. For purposes of this subparagraph, a unit is not eligible to be substantially rehabilitated unless all of the following requirements are met:
(i)At the time the unit is identified for substantial rehabilitation, (I) the local government has determined that the unit is at imminent risk of loss to the housing stock, (II) the local government has committed to provide relocation assistance pursuant to Chapter 16 (commencing with Section 7260) of Division 7 of Title 1 to any occupants temporarily or permanently displaced by the rehabilitation or code enforcement activity, or the relocation is otherwise provided prior to displacement either as a condition of receivership, or provided by the property owner or the local government pursuant to Article 2.5 (commencing with Section 17975) of Chapter 5 of Part 1.5 of Division 13 of the Health and Safety Code, or as otherwise provided by local ordinance; provided the assistance includes not less than the equivalent of four months rent and moving expenses and comparable replacement housing consistent with the moving expenses and comparable replacement housing required pursuant to Section 7260, (III) the local government requires that any displaced occupants will have the right to reoccupy the rehabilitated units, and (IV) the unit has been found by the local government or a court to be unfit for human habitation due to the existence of at least four violations of the conditions listed in subdivisions (a) to (g), inclusive, of Section 17995.3 of the Health and Safety Code.
(ii)The rehabilitated unit will have long-term affordability covenants and restrictions that require the unit to be available to, and occupied by, persons or families of low- or very low income at affordable housing costs for at least 20 years or the time period required by any applicable federal or state law or regulation.
(iii)Prior to initial occupancy after rehabilitation, the local code enforcement agency shall issue a certificate of occupancy indicating compliance with all applicable state and local building code and health and safety code requirements.
(B)Units that are located either on foreclosed property or in a multifamily rental or ownership housing complex of three or more units, are converted with committed assistance from the city or county from nonaffordable to affordable by acquisition of the unit or the purchase of affordability covenants and restrictions for the unit, are not acquired by eminent domain, and constitute a net increase in the communitys stock of housing affordable to low- and very low income households. For purposes of this subparagraph, a unit is not converted by acquisition or the purchase of affordability covenants unless all of the following occur:
(i)The unit is made available for rent at a cost affordable to low- or very low income households.
(ii)At the time the unit is identified for acquisition, the unit is not available at an affordable housing cost to either of the following:
(I)Low-income households, if the unit will be made affordable to low-income households.
(II)Very low income households, if the unit will be made affordable to very low income households.
(iii)At the time the unit is identified for acquisition the unit is not occupied by low- or very low income households or if the acquired unit is occupied, the local government has committed to provide relocation assistance prior to displacement, if any, pursuant to Chapter 16 (commencing with Section 7260) of Division 7 of Title 1 to any occupants displaced by the conversion, or the relocation is otherwise provided prior to displacement; provided the assistance includes not less than the equivalent of four months rent and moving expenses and comparable replacement housing consistent with the moving expenses and comparable replacement housing required pursuant to Section 7260.
(iv)The unit is in decent, safe, and sanitary condition at the time of occupancy.
(v)The unit has long-term affordability covenants and restrictions that require the unit to be affordable to persons of low- or very low income for not less than 55 years.
(vi)For units located in multifamily ownership housing complexes with three or more units, or on or after January 1, 2015, on foreclosed properties, at least an equal number of new-construction multifamily rental units affordable to lower income households have been constructed in the city or county within the same planning period as the number of ownership units to be converted.
(C)Units that will be preserved at affordable housing costs to persons or families of low- or very low incomes with committed assistance from the city or county by acquisition of the unit or the purchase of affordability covenants for the unit. For purposes of this subparagraph, a unit shall not be deemed preserved unless all of the following occur:
(i)The unit has long-term affordability covenants and restrictions that require the unit to be affordable to, and reserved for occupancy by, persons of the same or lower income group as the current occupants for a period of at least 40 years.
(ii)The unit is within an assisted housing development, as defined in paragraph (3) of subdivision (a) of Section 65863.10.
(iii)The city or county finds, after a public hearing, that the unit is eligible, and is reasonably expected, to change from housing affordable to low- and very low income households to any other use during the next five years due to termination of subsidy contracts, mortgage prepayment, or expiration of restrictions on use.
(iv)The unit is in decent, safe, and sanitary condition at the time of occupancy.
(v)At the time the unit is identified for preservation it is available at affordable cost to persons or families of low- or very low income.
(3)This subdivision does not apply to any city or county that, during the current or immediately prior planning period, as defined by Section 65588, has not met any of its share of the regional need for affordable housing, as defined in Section 65584, for low- and very low income households. A city or county shall document for any housing unit that a building permit has been issued and all development and permit fees have been paid or the unit is eligible to be lawfully occupied.
(4)For purposes of this subdivision, committed assistance means that the city or county enters into a legally enforceable agreement during the period from the beginning of the projection period until the end of the second year of the planning period that obligates sufficient available funds to provide the assistance necessary to make the identified units affordable and that requires that the units be made available for occupancy within two years of the execution of the agreement. Committed assistance does not include tenant-based rental assistance.
(5)For purposes of this subdivision, net increase includes only housing units provided committed assistance pursuant to subparagraph (A) or (B) of paragraph (2) in the current planning period, as defined in Section 65588, that were not provided committed assistance in the immediately prior planning period.
(6)For purposes of this subdivision, the time the unit is identified means the earliest time when any city or county agent, acting on behalf of a public entity, has proposed in writing or has proposed orally or in writing to the property owner, that the unit be considered for substantial rehabilitation, acquisition, or preservation.
(7)In the third year of the planning period, as defined by Section 65588, in the report required pursuant to Section 65400, each city or county that has included in its housing element a program to provide units pursuant to subparagraph (A), (B), or (C) of paragraph (2) shall report in writing to the legislative body, and to the department within 30 days of making its report to the legislative body, on its progress in providing units pursuant to this subdivision. The report shall identify the specific units for which committed assistance has been provided or which have been made available to low- and very low income households, and it shall adequately document how each unit complies with this subdivision. If, by July 1 of the third year of the planning period, the city or county has not entered into an enforceable agreement of committed assistance for all units specified in the programs adopted pursuant to subparagraph (A), (B), or (C) of paragraph (2), the city or county shall, not later than July 1 of the fourth year of the planning period, adopt an amended housing element in accordance with Section 65585, identifying additional adequate sites pursuant to paragraph (1) of subdivision (c) of Section 65583 sufficient to accommodate the number of units for which committed assistance was not provided. If a city or county does not amend its housing element to identify adequate sites to address any shortfall, or fails to complete the rehabilitation, acquisition, purchase of affordability covenants, or the preservation of any housing unit within two years after committed assistance was provided to that unit, it shall be prohibited from identifying units pursuant to subparagraph (A), (B), or (C) of paragraph (2) in the housing element that it adopts for the next planning period, as defined in Section 65588, above the number of units actually provided or preserved due to committed assistance.
(d)A city or county may reduce its share of the regional housing need by the number of units built between the start of the projection period and the deadline for adoption of the housing element. If the city or county reduces its share pursuant to this subdivision, the city or county shall include in the housing element a description of the methodology for assigning those housing units to an income category based on actual or projected sales price, rent levels, or other mechanisms establishing affordability.
SEC. 3.Section 65589.4 of the Government Code is amended to read:65589.4.(a)An attached housing development shall be a permitted use not subject to a conditional use permit on any parcel zoned for an attached housing development if local law so provides or if it satisfies the requirements of subdivision (b) and either of the following:
(1)The attached housing development satisfies the criteria of Section 21159.22, 21159.23, or 21159.24 of the Public Resources Code.
(2)The attached housing development meets all of the following criteria:
(A)The attached housing development is subject to a discretionary decision other than a conditional use permit and a negative declaration or mitigated negative declaration has been adopted for the attached housing development under the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code). If no public hearing is held with respect to the discretionary decision, then the negative declaration or mitigated negative declaration for the attached housing development may be adopted only after a public hearing to receive comments on the negative declaration or mitigated negative declaration.
(B)The attached housing development is consistent with both the jurisdictions zoning ordinance and general plan as it existed on the date the application was deemed complete, except that an attached housing development shall not be deemed to be inconsistent with the zoning designation for the site if that zoning designation is inconsistent with the general plan only because the attached housing development site has not been rezoned to conform with the most recent adopted general plan.
(C)The attached housing development is located in an area that is covered by one of the following documents that has been adopted by the jurisdiction within five years of the date the application for the attached housing development was deemed complete:
(i)A general plan.
(ii)A revision or update to the general plan that includes at least the land use and circulation elements.
(iii)An applicable community plan.
(iv)An applicable specific plan.
(D)The attached housing development consists of not more than 100 residential units with a minimum density of not less than 12 units per acre or a minimum density of not less than eight units per acre if the attached housing development consists of four or fewer units.
(E)The attached housing development is located in an urbanized area as defined in Section 21071 of the Public Resources Code or within a census-defined place with a population density of at least 5,000 persons per square mile or, if the attached housing development consists of 50 or fewer units, within an incorporated city with a population density of at least 2,500 persons per square mile and a total population of at least 25,000 persons.
(F)The attached housing development is located on an infill site as defined in Section 21061.0.5 of the Public Resources Code.
(b)At least 10 percent of the units of the attached housing development shall be available at affordable housing cost to very low income households, as defined in Section 50105 of the Health and Safety Code, or at least 20 percent of the units of the attached housing development shall be available at affordable housing cost to lower income households, as defined in Section 50079.5 of the Health and Safety Code, or at least 50 percent of the units of the attached housing development available at affordable housing cost to moderate-income households, consistent with Section 50052.5 of the Health and Safety Code. The developer of the attached housing development shall provide sufficient legal commitments to the local agency to ensure the continued availability and use of the housing units for very low, low-, or moderate-income households for a period of at least 30 years.
(c)Nothing in this section shall prohibit a local agency from applying design and site review standards in existence on the date the application was deemed complete.
(d)The provisions of this section are independent of any obligation of a jurisdiction pursuant to subdivision (c) of Section 65583 to identify multifamily sites developable by right.
(e)This section does not apply to the issuance of coastal development permits pursuant to the California Coastal Act (Division 20 (commencing with Section 30000) of the Public Resources Code).
(f)This section does not relieve a public agency from complying with the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) or relieve an applicant or public agency from complying with the Subdivision Map Act (Division 2 (commencing with Section 66473)).
(g)This section is applicable to all cities and counties, including charter cities, because the Legislature finds that the lack of affordable housing is of vital statewide importance, and thus a matter of statewide concern.
(h)For purposes of this section, attached housing development means a newly constructed or substantially rehabilitated structure containing two or more dwelling units and consisting only of residential units, but does not include an accessory dwelling unit, as defined by paragraph (4) of subdivision (h) (i) of Section 65852.2, or the conversion of an existing structure to condominiums.
SEC. 4.Section 65852.150 of the Government Code is amended to read:65852.150.(a)The Legislature finds and declares all of the following:
(1)Accessory dwelling units are a valuable form of housing in California.
(2)Accessory dwelling units provide housing for family members, students, the elderly, in-home health care providers, the disabled, and others, at below market prices within existing neighborhoods.
(3)Homeowners who create accessory dwelling units benefit from added income, and an increased sense of security.
(4)Allowing accessory dwelling units in single-family or multifamily residential zones provides additional rental housing stock in California.
(5)California faces a severe housing crisis.
(6)The state is falling far short of meeting current and future housing demand with serious consequences for the states economy, our ability to build green infill consistent with state greenhouse gas reduction goals, and the well-being of our citizens, particularly lower and middle-income earners.
(7)Accessory dwelling units offer lower cost housing to meet the needs of existing and future residents within existing neighborhoods, while respecting architectural character.
(8)Accessory dwelling units are, therefore, an essential component of Californias housing supply.
(b)It is the intent of the Legislature that an accessory dwelling unit-ordinance adopted by a local agency has the effect of providing for the creation of accessory dwelling units and that provisions in this ordinance relating to matters including unit size, parking, fees and other requirements, are not so arbitrary, excessive, or burdensome so as to unreasonably restrict the ability of homeowners to create accessory dwelling units in zones in which they are authorized by local ordinance.
SEC. 5.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, 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 an accessory dwelling unit in any of the following instances:
(i)The accessory dwelling unit is located within one-half mile of public transit or shopping.
(ii)The accessory dwelling unit is located within an architecturally and historically significant historic district.
(iii)The accessory dwelling unit is part of the existing primary residence.
(iv)When on-street parking permits are required, but not offered to the occupant of the accessory dwelling unit.
(v)When there is a car share vehicle located within one block of the accessory dwelling unit.
(C)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.
(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 90 days of submittal of a complete building permit 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 200102 Regular Session of the Legislature, including the costs of adopting or amending any ordinance that provides for the creation of accessory dwelling units.
(b)(1)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 this subdivision unless it adopts an ordinance in accordance with subdivision (a) within 90 days after receiving the application. Notwithstanding Section 65901 or 65906, every local agency shall ministerially approve the creation of an accessory dwelling unit if the accessory dwelling unit complies with all of the following:
(A)The unit is not intended for sale separate from the primary residence 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 accessory dwelling 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 accessory dwelling unit shall not exceed 50 percent of the existing living area.
(F)The total area of floorspace for a detached accessory dwelling 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 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 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), 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 accessory dwelling units if these provisions are consistent with the limitations of this subdivision.
(5)An accessory dwelling unit that conforms to this subdivision 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.
(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 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 that does not otherwise permit at least a 500-foot accessory dwelling unit or a 500-foot 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.
(d)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. 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 fire and life safety conditions. This subdivision shall not apply to a unit that complies with paragraph (1) of subdivision (b).
(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.
(e)
(f)Fees charged for the construction of accessory dwelling units shall be determined in accordance with Chapter 5 (commencing with Section 66000). Accessory dwelling units shall not be considered new residential uses for the purposes of calculating private or public utility connection fees, including water and sewer service.
(f)
(g)This section does not limit the authority of local agencies to adopt less restrictive requirements for the creation of accessory dwelling units.
(g)
(h)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)
(i)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.
(i)
(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 units.
SEC. 6.Section 66412.2 of the Government Code is amended to read:66412.2.This division shall not apply to the construction, financing, or leasing of dwelling units pursuant to Section 65852.1 or accessory dwelling units pursuant to Section 65852.2, but this division shall be applicable to the sale or transfer, but not leasing, of those units.
SEC. 7.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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.
The Legislature finds and declares that it has provided reforms and incentives to facilitate and expedite the construction of affordable housing. Those reforms and incentives can be found in the following provisions:
(a)Housing element law (Article 10.6 (commencing with Section 65580) of Chapter 3).
(b)Extension of statute of limitations in actions challenging the housing element and brought in support of affordable housing (subdivision (d) of Section 65009).
(c)Restrictions on disapproval of housing developments (Section 65589.5).
(d)Priority for affordable housing in the allocation of water and sewer hookups (Section 65589.7).
(e)Least cost zoning law (Section 65913.1).
(f)Density bonus law (Section 65915).
(g)Second dwelling Accessory dwelling units (Sections 65852.150 and 65852.2).
(h)By-right housing, in which certain multifamily housing are designated a permitted use (Section 65589.4).
(i)No-net-loss-in zoning density law limiting downzonings and density reductions (Section 65863).
(j)Requiring persons who sue to halt affordable housing to pay attorney fees (Section 65914) or post a bond (Section 529.2 of the Code of Civil Procedure).
(k)Reduced time for action on affordable housing applications under the approval of development permits process (Article 5 (commencing with Section 65950) of Chapter 4.5).
(l)Limiting moratoriums on multifamily housing (Section 65858).
(m)Prohibiting discrimination against affordable housing (Section 65008).
(n)California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3).
(o)Community redevelopment law (Part 1 (commencing with Section 33000) of Division 24 of the Health and Safety Code, and in particular Sections 33334.2 and 33413).
SEC. 2.Section 65583.1 of the Government Code is amended to read:65583.1.(a) The Department of Housing and Community Development, in evaluating a proposed or adopted housing element for substantial compliance with this article, may allow a city or county to identify adequate sites, as required pursuant to Section 65583, by a variety of methods, including, but not limited to, redesignation of property to a more intense land use category and increasing the density allowed within one or more categories. The department may also allow a city or county to identify sites for second accessory dwelling units based on the number of second accessory dwelling units developed in the prior housing element planning period whether or not the units are permitted by right, the need for these units in the community, the resources or incentives available for their development, and any other relevant factors, as determined by the department. Nothing in this section reduces the responsibility of a city or county to identify, by income category, the total number of sites for residential development as required by this article.
(b)Sites that contain permanent housing units located on a military base undergoing closure or conversion as a result of action pursuant to the Defense Authorization Amendments and Base Closure and Realignment Act (Public Law 100-526), the Defense Base Closure and Realignment Act of 1990 (Public Law 101-510), or any subsequent act requiring the closure or conversion of a military base may be identified as an adequate site if the housing element demonstrates that the housing units will be available for occupancy by households within the planning period of the element. No sites containing housing units scheduled or planned for demolition or conversion to nonresidential uses shall qualify as an adequate site.
Any city, city and county, or county using this subdivision shall address the progress in meeting this section in the reports provided pursuant to paragraph (1) of subdivision (b) of Section 65400.
(c)(1)The Department of Housing and Community Development may allow a city or county to substitute the provision of units for up to 25 percent of the communitys obligation to identify adequate sites for any income category in its housing element pursuant to paragraph (1) of subdivision (c) of Section 65583 where the community includes in its housing element a program committing the local government to provide units in that income category within the city or county that will be made available through the provision of committed assistance during the planning period covered by the element to low- and very low income households at affordable housing costs or affordable rents, as defined in Sections 50052.5 and 50053 of the Health and Safety Code, and which meet the requirements of paragraph (2). Except as otherwise provided in this subdivision, the community may substitute one dwelling unit for one dwelling unit site in the applicable income category. The program shall do all of the following:
(A)Identify the specific, existing sources of committed assistance and dedicate a specific portion of the funds from those sources to the provision of housing pursuant to this subdivision.
(B)Indicate the number of units that will be provided to both low- and very low income households and demonstrate that the amount of dedicated funds is sufficient to develop the units at affordable housing costs or affordable rents.
(C)Demonstrate that the units meet the requirements of paragraph (2).
(2)Only units that comply with subparagraph (A), (B), or (C) qualify for inclusion in the housing element program described in paragraph (1), as follows:
(A)Units that are to be substantially rehabilitated with committed assistance from the city or county and constitute a net increase in the communitys stock of housing affordable to low- and very low income households. For purposes of this subparagraph, a unit is not eligible to be substantially rehabilitated unless all of the following requirements are met:
(i)At the time the unit is identified for substantial rehabilitation, (I) the local government has determined that the unit is at imminent risk of loss to the housing stock, (II) the local government has committed to provide relocation assistance pursuant to Chapter 16 (commencing with Section 7260) of Division 7 of Title 1 to any occupants temporarily or permanently displaced by the rehabilitation or code enforcement activity, or the relocation is otherwise provided prior to displacement either as a condition of receivership, or provided by the property owner or the local government pursuant to Article 2.5 (commencing with Section 17975) of Chapter 5 of Part 1.5 of Division 13 of the Health and Safety Code, or as otherwise provided by local ordinance; provided the assistance includes not less than the equivalent of four months rent and moving expenses and comparable replacement housing consistent with the moving expenses and comparable replacement housing required pursuant to Section 7260, (III) the local government requires that any displaced occupants will have the right to reoccupy the rehabilitated units, and (IV) the unit has been found by the local government or a court to be unfit for human habitation due to the existence of at least four violations of the conditions listed in subdivisions (a) to (g), inclusive, of Section 17995.3 of the Health and Safety Code.
(ii)The rehabilitated unit will have long-term affordability covenants and restrictions that require the unit to be available to, and occupied by, persons or families of low- or very low income at affordable housing costs for at least 20 years or the time period required by any applicable federal or state law or regulation.
(iii)Prior to initial occupancy after rehabilitation, the local code enforcement agency shall issue a certificate of occupancy indicating compliance with all applicable state and local building code and health and safety code requirements.
(B)Units that are located either on foreclosed property or in a multifamily rental or ownership housing complex of three or more units, are converted with committed assistance from the city or county from nonaffordable to affordable by acquisition of the unit or the purchase of affordability covenants and restrictions for the unit, are not acquired by eminent domain, and constitute a net increase in the communitys stock of housing affordable to low- and very low income households. For purposes of this subparagraph, a unit is not converted by acquisition or the purchase of affordability covenants unless all of the following occur:
(i)The unit is made available for rent at a cost affordable to low- or very low income households.
(ii)At the time the unit is identified for acquisition, the unit is not available at an affordable housing cost to either of the following:
(I)Low-income households, if the unit will be made affordable to low-income households.
(II)Very low income households, if the unit will be made affordable to very low income households.
(iii)At the time the unit is identified for acquisition the unit is not occupied by low- or very low income households or if the acquired unit is occupied, the local government has committed to provide relocation assistance prior to displacement, if any, pursuant to Chapter 16 (commencing with Section 7260) of Division 7 of Title 1 to any occupants displaced by the conversion, or the relocation is otherwise provided prior to displacement; provided the assistance includes not less than the equivalent of four months rent and moving expenses and comparable replacement housing consistent with the moving expenses and comparable replacement housing required pursuant to Section 7260.
(iv)The unit is in decent, safe, and sanitary condition at the time of occupancy.
(v)The unit has long-term affordability covenants and restrictions that require the unit to be affordable to persons of low- or very low income for not less than 55 years.
(vi)For units located in multifamily ownership housing complexes with three or more units, or on or after January 1, 2015, on foreclosed properties, at least an equal number of new-construction multifamily rental units affordable to lower income households have been constructed in the city or county within the same planning period as the number of ownership units to be converted.
(C)Units that will be preserved at affordable housing costs to persons or families of low- or very low incomes with committed assistance from the city or county by acquisition of the unit or the purchase of affordability covenants for the unit. For purposes of this subparagraph, a unit shall not be deemed preserved unless all of the following occur:
(i)The unit has long-term affordability covenants and restrictions that require the unit to be affordable to, and reserved for occupancy by, persons of the same or lower income group as the current occupants for a period of at least 40 years.
(ii)The unit is within an assisted housing development, as defined in paragraph (3) of subdivision (a) of Section 65863.10.
(iii)The city or county finds, after a public hearing, that the unit is eligible, and is reasonably expected, to change from housing affordable to low- and very low income households to any other use during the next five years due to termination of subsidy contracts, mortgage prepayment, or expiration of restrictions on use.
(iv)The unit is in decent, safe, and sanitary condition at the time of occupancy.
(v)At the time the unit is identified for preservation it is available at affordable cost to persons or families of low- or very low income.
(3)This subdivision does not apply to any city or county that, during the current or immediately prior planning period, as defined by Section 65588, has not met any of its share of the regional need for affordable housing, as defined in Section 65584, for low- and very low income households. A city or county shall document for any housing unit that a building permit has been issued and all development and permit fees have been paid or the unit is eligible to be lawfully occupied.
(4)For purposes of this subdivision, committed assistance means that the city or county enters into a legally enforceable agreement during the period from the beginning of the projection period until the end of the second year of the planning period that obligates sufficient available funds to provide the assistance necessary to make the identified units affordable and that requires that the units be made available for occupancy within two years of the execution of the agreement. Committed assistance does not include tenant-based rental assistance.
(5)For purposes of this subdivision, net increase includes only housing units provided committed assistance pursuant to subparagraph (A) or (B) of paragraph (2) in the current planning period, as defined in Section 65588, that were not provided committed assistance in the immediately prior planning period.
(6)For purposes of this subdivision, the time the unit is identified means the earliest time when any city or county agent, acting on behalf of a public entity, has proposed in writing or has proposed orally or in writing to the property owner, that the unit be considered for substantial rehabilitation, acquisition, or preservation.
(7)In the third year of the planning period, as defined by Section 65588, in the report required pursuant to Section 65400, each city or county that has included in its housing element a program to provide units pursuant to subparagraph (A), (B), or (C) of paragraph (2) shall report in writing to the legislative body, and to the department within 30 days of making its report to the legislative body, on its progress in providing units pursuant to this subdivision. The report shall identify the specific units for which committed assistance has been provided or which have been made available to low- and very low income households, and it shall adequately document how each unit complies with this subdivision. If, by July 1 of the third year of the planning period, the city or county has not entered into an enforceable agreement of committed assistance for all units specified in the programs adopted pursuant to subparagraph (A), (B), or (C) of paragraph (2), the city or county shall, not later than July 1 of the fourth year of the planning period, adopt an amended housing element in accordance with Section 65585, identifying additional adequate sites pursuant to paragraph (1) of subdivision (c) of Section 65583 sufficient to accommodate the number of units for which committed assistance was not provided. If a city or county does not amend its housing element to identify adequate sites to address any shortfall, or fails to complete the rehabilitation, acquisition, purchase of affordability covenants, or the preservation of any housing unit within two years after committed assistance was provided to that unit, it shall be prohibited from identifying units pursuant to subparagraph (A), (B), or (C) of paragraph (2) in the housing element that it adopts for the next planning period, as defined in Section 65588, above the number of units actually provided or preserved due to committed assistance.
(d)A city or county may reduce its share of the regional housing need by the number of units built between the start of the projection period and the deadline for adoption of the housing element. If the city or county reduces its share pursuant to this subdivision, the city or county shall include in the housing element a description of the methodology for assigning those housing units to an income category based on actual or projected sales price, rent levels, or other mechanisms establishing affordability.
SEC. 3.Section 65589.4 of the Government Code is amended to read:65589.4.(a)An attached housing development shall be a permitted use not subject to a conditional use permit on any parcel zoned for an attached housing development if local law so provides or if it satisfies the requirements of subdivision (b) and either of the following:
(1)The attached housing development satisfies the criteria of Section 21159.22, 21159.23, or 21159.24 of the Public Resources Code.
(2)The attached housing development meets all of the following criteria:
(A)The attached housing development is subject to a discretionary decision other than a conditional use permit and a negative declaration or mitigated negative declaration has been adopted for the attached housing development under the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code). If no public hearing is held with respect to the discretionary decision, then the negative declaration or mitigated negative declaration for the attached housing development may be adopted only after a public hearing to receive comments on the negative declaration or mitigated negative declaration.
(B)The attached housing development is consistent with both the jurisdictions zoning ordinance and general plan as it existed on the date the application was deemed complete, except that an attached housing development shall not be deemed to be inconsistent with the zoning designation for the site if that zoning designation is inconsistent with the general plan only because the attached housing development site has not been rezoned to conform with the most recent adopted general plan.
(C)The attached housing development is located in an area that is covered by one of the following documents that has been adopted by the jurisdiction within five years of the date the application for the attached housing development was deemed complete:
(i)A general plan.
(ii)A revision or update to the general plan that includes at least the land use and circulation elements.
(iii)An applicable community plan.
(iv)An applicable specific plan.
(D)The attached housing development consists of not more than 100 residential units with a minimum density of not less than 12 units per acre or a minimum density of not less than eight units per acre if the attached housing development consists of four or fewer units.
(E)The attached housing development is located in an urbanized area as defined in Section 21071 of the Public Resources Code or within a census-defined place with a population density of at least 5,000 persons per square mile or, if the attached housing development consists of 50 or fewer units, within an incorporated city with a population density of at least 2,500 persons per square mile and a total population of at least 25,000 persons.
(F)The attached housing development is located on an infill site as defined in Section 21061.0.5 of the Public Resources Code.
(b)At least 10 percent of the units of the attached housing development shall be available at affordable housing cost to very low income households, as defined in Section 50105 of the Health and Safety Code, or at least 20 percent of the units of the attached housing development shall be available at affordable housing cost to lower income households, as defined in Section 50079.5 of the Health and Safety Code, or at least 50 percent of the units of the attached housing development available at affordable housing cost to moderate-income households, consistent with Section 50052.5 of the Health and Safety Code. The developer of the attached housing development shall provide sufficient legal commitments to the local agency to ensure the continued availability and use of the housing units for very low, low-, or moderate-income households for a period of at least 30 years.
(c)Nothing in this section shall prohibit a local agency from applying design and site review standards in existence on the date the application was deemed complete.
(d)The provisions of this section are independent of any obligation of a jurisdiction pursuant to subdivision (c) of Section 65583 to identify multifamily sites developable by right.
(e)This section does not apply to the issuance of coastal development permits pursuant to the California Coastal Act (Division 20 (commencing with Section 30000) of the Public Resources Code).
(f)This section does not relieve a public agency from complying with the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) or relieve an applicant or public agency from complying with the Subdivision Map Act (Division 2 (commencing with Section 66473)).
(g)This section is applicable to all cities and counties, including charter cities, because the Legislature finds that the lack of affordable housing is of vital statewide importance, and thus a matter of statewide concern.
(h)For purposes of this section, attached housing development means a newly constructed or substantially rehabilitated structure containing two or more dwelling units and consisting only of residential units, but does not include a second an accessory dwelling unit, as defined by paragraph (4) of subdivision (h) of Section 65852.2, or the conversion of an existing structure to condominiums.
SECTION 1.SEC. 4.Section 65852.150 of the Government Code is amended to read:65852.150.(a)The Legislature finds and declares that second all of the following:
(1)Accessory dwelling units are a valuable form of housing in California. Second
(2)Accessory dwelling units provide housing for family members, students, the elderly, in-home health care providers, the disabled, and others, at below market prices within existing neighborhoods. Homeowners
(3)Homeowners who create second accessory dwelling units benefit from added income, and an increased sense of security. Allowing second
(4)Allowing accessory dwelling units in single-family or multifamily residential zones provides additional rental housing stock in California.
(5)California faces a severe housing crisis.
(6)The state is falling far short of meeting current and future housing demand with serious consequences for the states economy, our ability to build green infill consistent with state greenhouse gas reduction goals, and the well-being of our citizens, particularly lower and middle-income earners.
(7)Accessory dwelling units offer lower cost housing to meet the needs of existing and future residents within existing neighborhoods, while respecting architectural character.
(8)Accessory dwelling units are, therefore, an essential component of Californias housing supply.
It
(b)It is the intent of the Legislature that any second-unit ordinances an accessory dwelling unit-ordinance adopted by a local agencies have agency has the effect of providing for the creation of second accessory dwelling units and that provisions in these ordinances this ordinance relating to matters including unit size, parking, fees and other requirements, are not so arbitrary, excessive, or burdensome so as to unreasonably restrict the ability of homeowners to create second accessory dwelling units in zones in which they are authorized by local ordinance.
SEC. 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)Impose standards on second accessory dwelling units that include, but are not limited to, parking, height, setback, lot coverage, 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 an accessory dwelling unit in any of the following instances:
(i)The accessory dwelling unit is located within one-half mile of public transit or shopping.
(ii)The accessory dwelling unit is located within an architecturally and historically significant historic district.
(iii)The accessory dwelling unit is part of the existing primary residence.
(iv)When on-street parking permits are required, but not offered to the occupant of the accessory dwelling unit.
(v)When there is a car share vehicle located within one block of the accessory dwelling unit.
(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.
(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 90 days of submittal of a complete building permit 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 200102 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 which that has not adopted an ordinance governing second accessory dwelling 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 90 days after receiving the application. Notwithstanding Section 65901 or 65906, every local agency shall grant a variance or special use permit for ministerially approve the creation of a second an accessory dwelling unit if the second accessory dwelling unit complies with all of the following:
(A)The unit is not intended for sale separate from the primary residence 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 accessory dwelling 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 accessory dwelling unit shall not exceed 30 50 percent of the existing living area.
(F)The total area of floorspace for a detached second accessory dwelling 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 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 accessory dwelling units on lots zoned for residential use which 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. Any 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 unit which An accessory dwelling unit that conforms to the requirements of this subdivision 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 accessory dwelling units 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.
(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 a 500-foot accessory dwelling unit or a 500-foot efficiency unit to be constructed in compliance with local development standards.
(e)
(d)Parking requirements for second accessory dwelling 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. These spaces may be provided as tandem parking on an existing driveway. 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. conditions. This subdivision shall not apply to a unit that complies with paragraph (1) of subdivision (b).
(f)
(e)Fees charged for the construction of second accessory dwelling units shall be determined in accordance with Chapter 5 (commencing with Section 66000). Accessory dwelling units shall not be considered new residential uses for the purposes of calculating private or public utility connection fees, including water and sewer service.
(g)
(f)This section does not limit the authority of local agencies to adopt less restrictive requirements for the creation of second accessory dwelling units.
(h)
(g)Local agencies shall submit a copy of the ordinances adopted pursuant to subdivision (a) or (c) to the Department of Housing and Community Development within 60 days after adoption.
(i)
(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 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.
(j)
(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. 6.Section 66412.2 of the Government Code is amended to read:66412.2.This division shall not apply to the construction, financing, or leasing of dwelling units pursuant to Section 65852.1 or second accessory dwelling units pursuant to Section 65852.2, but this division shall be applicable to the sale or transfer, but not leasing, of those units.
SEC. 7.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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.
The Legislature finds and declares that second units are a valuable form of housing in California. Second units provide housing for family members, students, the elderly, in-home health care providers, the disabled, and others, at below market prices within existing neighborhoods. Homeowners who create second units benefit from added income, and an increased sense of security. Allowing second units in single-family or multifamily residential zones provides additional rental housing stock in California.
It is the intent of the Legislature that any second-unit ordinances adopted by local agencies have the effect of providing for the creation of second units and that provisions in these ordinances relating to matters including unit size, parking, fees and other requirements, are not so arbitrary, excessive, or burdensome so as to unreasonably restrict the ability of homeowners to create second units in zones in which they are authorized by local ordinance.
|
Date
|
Status
|
|---|---|
| Aug 19, 2016 | Read third time and amended. (Ayes 73. Noes 0. Page 5954.) |
| Jun 15, 2016 | From committee: Do pass as amended and re-refer to Com. on L. GOV. (Ayes 6. Noes 0.) (June 15). |
| Jun 16, 2016 | Read second time and amended. Re-referred to Com. on L. GOV. |
| Jun 30, 2016 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 2.) (June 29). Re-referred to Com. on APPR. |
| Aug 1, 2016 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR. |
| Aug 3, 2016 | August 3 hearing postponed by committee. |
| Aug 10, 2016 | From committee: Do pass. (Ayes 15. Noes 3.) (August 10). |
| Aug 11, 2016 | Read second time. Ordered to third reading. |
| Aug 19, 2016 | Ordered to third reading. |
| Aug 19, 2016 | Read third time and amended. |
| May 27, 2016 | Referred to Coms. on H. & C.D. and L. GOV. |
| Aug 25, 2016 | Ordered to third reading. |
| Aug 25, 2016 | Read third time and amended. |
| Aug 29, 2016 | Read third time. Passed. Ordered to the Senate. |
| Aug 29, 2016 | Read third time. Passed. (Ayes 55. Noes 23. Page 6366.) Ordered to the Senate. |
| Aug 30, 2016 | Assembly amendments concurred in. (Ayes 30. Noes 2. Page 5527.) Ordered to engrossing and enrolling. |
| Aug 30, 2016 | Assembly amendments concurred in. (Ayes 30. Noes 2.) Ordered to engrossing and enrolling. |
| Aug 30, 2016 | In Senate. Concurrence in Assembly amendments pending. |
| Sep 8, 2016 | Enrolled and presented to the Governor at 5 p.m. |
| Apr 25, 2016 | From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 6. Noes 0. Page 3616.) (April 20). |
| Feb 17, 2016 | From printer. May be acted upon on or after March 18. |
| Feb 25, 2016 | Referred to Com. on RLS. |
| Apr 6, 2016 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS. |
| Apr 7, 2016 | Re-referred to Coms. on T. & H. and GOV. & F. |
| Apr 12, 2016 | Set for hearing April 19. |
| Apr 13, 2016 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on T. & H. |
| Apr 14, 2016 | Set for hearing April 20 in GOV. & F. pending receipt. |
| Apr 20, 2016 | From committee: Do pass and re-refer to Com. on GOV. & F. (Ayes 10. Noes 1. Page 3616.) (April 19). Re-referred to Com. on GOV. & F. |
| Apr 20, 2016 | From committee: Do pass and re-refer to Com. on GOV. & F. (Ayes 10. Noes 1.) (April 19). Re-referred to Com. on GOV. & F. |
| Feb 16, 2016 | Introduced. Read first time. To Com. on RLS. for assignment. To print. |
| Apr 25, 2016 | From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 6. Noes 0.) (April 20). |
| Apr 26, 2016 | Read second time and amended. Re-referred to Com. on APPR. |
| Apr 29, 2016 | Set for hearing May 9. |
| May 9, 2016 | From committee: Be ordered to second reading pursuant to Senate Rule 28.8. |
| May 10, 2016 | Read second time. Ordered to third reading. |
| May 16, 2016 | In Assembly. Read first time. Held at Desk. |
| May 16, 2016 | Read third time. Passed. (Ayes 29. Noes 3. Page 3872.) Ordered to the Assembly. |
| May 16, 2016 | Read third time. Passed. (Ayes 29. Noes 3.) Ordered to the Assembly. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Aug 30, 2016 | Unfinished Business (Supplemental File 2) SB1069 Wieckowski Concurrence | Senate Floor |
Passed |
|
| Aug 29, 2016 | SB 1069 Wieckowski Senate Third Reading By ATKINS | Assembly Floor |
Passed |
|
| Aug 19, 2016 | SB 1069 Wieckowski Senate Third Reading Amendment Set #1 | Assembly Floor |
Passed |
|
| Aug 10, 2016 | Do pass. | Assembly Standing Committee on Appropriations |
Passed |
|
| Jun 29, 2016 | Do pass and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Local Government |
Passed |
|
| Jun 15, 2016 | Do pass as amended and be re-referred to the Committee on [Local Government] | Assembly Standing Committee on Housing and Community Development |
Passed |
|
| May 16, 2016 | Senate 3rd Reading SB1069 Wieckowski | Senate Floor |
Passed |
|
| Apr 20, 2016 | Do pass as amended, but first amend, and re-refer to the Committee on [Appropriations] | Senate Standing Committee on Governance and Finance |
Passed |
|
| Apr 19, 2016 | Do pass, but first be re-referred to the Committee on [Governance and Finance] | Senate Standing Committee on Transportation and Housing |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| AARP | ** Support | Aug 30, 2016 |
| Abode Services | ** Support | Aug 30, 2016 |
| American Planning Association - California Chapter | ** Support | Aug 30, 2016 |
| Association Of California Water Agencies | * Against | Jun 29, 2016 |
| Bay Area Council | ** Support | Aug 30, 2016 |
| Berkeley, City Of | ** Support | Jun 29, 2016 |
| BHV Center Street Properties, Inc. | ** Support | Aug 30, 2016 |
| BIA Bay Area | ** Support | Jun 29, 2016 |
| Bishop Ranch | ** Support | Aug 30, 2016 |
| Blue Shield Of California | ** Support | Aug 30, 2016 |
| BRIDGE Housing | ** Support | Aug 30, 2016 |
| Building Industry Association - Bay Area | ** Support | Aug 30, 2016 |
| California Association Of Realtors | ** Support | Aug 30, 2016 |
| California Association Of Sanitation Agencies | * Against | Jun 29, 2016 |
| California Building Industry Association | ** Support | Aug 30, 2016 |
| California Chamber Of Commerce | ** Support | Aug 30, 2016 |
| California community builders | * Support | Aug 10, 2016 |
| California Council For Affordable Housing | * Support | Jun 29, 2016 |
| California Housing Consortium | ** Support | Aug 30, 2016 |
| California Infel Federation | * Support | Jun 29, 2016 |
| California Infield Federation | * Support | Aug 10, 2016 |
| California Infill Association | ** Support | Apr 19, 2016 |
| California Infill Federation | ** Support | Aug 30, 2016 |
| California Renters Legal Advocacy & Education Fund | ** Support | Aug 30, 2016 |
| California Rural Legal Assistance Foundation, Inc. | ** Support | Jun 29, 2016 |
| California School Employees Association | * Support | Jun 29, 2016 |
| California Senior Legislature | * Support | Apr 20, 2016 |
| California Special District Association | * Against | Jun 29, 2016 |
| California State Association Of Counties | * Against | Jun 29, 2016 |
| California State Association Of Counties | * Against Unless Amend | Jun 29, 2016 |
| California State Chamber of Commerce | ** Support | Aug 30, 2016 |
| Center For Creative Land Recycling | ** Support | Aug 30, 2016 |
| Chase Communications | ** Support | Aug 30, 2016 |
| Cities of Marin and the City of San Marcos | * Against | Jun 29, 2016 |
| Cities of: | ** Against | Jun 29, 2016 |
| City and County of San Francisco | ** Support | Jun 29, 2016 |
| City of Angels Camp | ** Against | Aug 30, 2016 |
| City of Berkeley, Los Angeles, Oakland | ** Support | Jun 29, 2016 |
| City of Brentwood | ** Against | Jun 29, 2016 |
| City of Cloverdale | ** Against | Aug 30, 2016 |
| City Of Daly City | ** Against | Aug 30, 2016 |
| City of Lodi | ** Against | Aug 30, 2016 |
| City Of Oakland | ** Support | Jun 29, 2016 |
| City of San Clemente | ** Against | Aug 30, 2016 |
| Colliers International | ** Support | Aug 30, 2016 |
| Comcast | ** Support | Aug 30, 2016 |
| Commerce, City Of | ** Against | Aug 30, 2016 |
| County Representatives of California | * Against | Jun 29, 2016 |
| Cushman & Wakefield | ** Support | Aug 30, 2016 |
| Dublin San Ramon Services District | ** Against | Jun 29, 2016 |
| East Bay Leadership Council | ** Support | Aug 30, 2016 |
| Eden Housing | ** Support | Aug 30, 2016 |
| El Dorado Irrigation District | * Against | Jun 29, 2016 |
| Emerald Fund, Inc. | ** Support | Aug 30, 2016 |
| Facebook, Inc. | ** Support | Aug 30, 2016 |
| Greenbelt Alliance | ** Support | Aug 30, 2016 |
| Greenberg Traurig | ** Support | Jun 29, 2016 |
| Grow San Francisco | * Support | Jun 29, 2016 |
| Hallisey & Johnson Law | ** Support | Jun 29, 2016 |
| Hallisey and Johnson Law | ** Support | Jun 29, 2016 |
| Hanson Bridgett | ** Support | Aug 30, 2016 |
| HKS Architects | ** Support | Jun 29, 2016 |
| Housing Trust Silicon Valley | ** Support | Aug 30, 2016 |
| Individuals | ** Support | Jun 29, 2016 |
| Jenifer Hernandez | ** Support | Jun 29, 2016 |
| Jennifer Hernxe1ndez, Holland & Knight | ** Support | Jun 29, 2016 |
| Joint Venture - Silicon Valley Network | ** Support | Aug 30, 2016 |
| Joint Venture Silicon Valley | ** Support | Jun 29, 2016 |
| Joint Venture Silicon Valley Network | ** Support | Jun 29, 2016 |
| Junius & Rose, LLP | ** Support | Aug 30, 2016 |
| Kaiser Permanente | ** Support | Aug 30, 2016 |
| LA-M?s | ** Support | Aug 30, 2016 |
| LA-Mas | ** Support | Jun 29, 2016 |
| LA-Mxe1s | ** Support | Jun 29, 2016 |
| Laguna Hills, City Of | ** Against | Aug 30, 2016 |
| League Of California Cities | ** Against | Aug 30, 2016 |
| Lennar Urban | ** Support | Aug 30, 2016 |
| Lenny, Mendonca, McKinsey & Company | ** Support | Jun 29, 2016 |
| Lily Pad Homes | ** Support | Aug 30, 2016 |
| Local Government Commission | * Support | Aug 10, 2016 |
| Local Government Control Commission | ** Support | Jun 29, 2016 |
| Los Angeles Area Chamber Of Commerce | * Support | Aug 10, 2016 |
| Los Angeles, City Of | * Support | Jun 29, 2016 |
| MacKenzie Communications, Inc. | ** Support | Aug 30, 2016 |
| Manatt | ** Support | Aug 30, 2016 |
| Manatt, Phelps & Phillips, LLP | ** Support | Jun 29, 2016 |
| Marvell | ** Support | Aug 30, 2016 |
| Matt and Phillips | * Support | Apr 20, 2016 |
| McKinsey & Company | ** Support | Aug 30, 2016 |
| Montezuma Wetlands, LLC | ** Support | Jun 29, 2016 |
| Natural Resources Defense Council | ** Support | Aug 30, 2016 |
| Nehemiah Corporation Of America | ** Support | Aug 30, 2016 |
| New Avenue | ** Support | Aug 30, 2016 |
| New Avenue Homes | ** Support | Jun 29, 2016 |
| NHA Advisors | ** Support | Jun 29, 2016 |
| Nibbi | ** Support | Aug 30, 2016 |
| Non-Profit Housing Association of Northern California | ** Support | Aug 30, 2016 |
| Nonprofit Housing Association of California | ** Support | Jun 29, 2016 |
| North Bay Leadership Council | ** Support | Aug 30, 2016 |
| North Lake Tahoe Resort Association | ** Support | Jun 29, 2016 |
| Nossaman LLP | ** Support | Jun 29, 2016 |
| Oakland Chamber of Commerce | ** Support | Jun 29, 2016 |
| Orange County Business Council | ** Support | Aug 30, 2016 |
| Paavo Monkkonen Ph.D., Department of Urban Planning, UCLA | ** Support | Jun 29, 2016 |
| Planning And Conservation League | * Support | Jun 29, 2016 |
| PLANT | ** Support | Aug 30, 2016 |
| Plant Construction Company, L.P. | ** Support | Jun 29, 2016 |
| Plumbing, Heating and Cooling Contractors | ** Support | Aug 30, 2016 |
| Plumbing-Heating-Cooling Contractors Association | ** Support | Jun 29, 2016 |
| Polaris Pacific | ** Support | Aug 30, 2016 |
| Radiant Brands | ** Support | Jun 29, 2016 |
| Read Investments | ** Support | Jun 29, 2016 |
| Redondo Beach Chamber of Commerce | ** Support | Jun 29, 2016 |
| Reuben, Junius & Rose, LLP | ** Support | Aug 30, 2016 |
| Rhoades Planning Group | ** Support | Jun 29, 2016 |
| Rhodes Planning Group | ** Support | Aug 30, 2016 |
| Richard Rosenberg | ** Support | Jun 29, 2016 |
| San Francisco Bay Area Renters Federation | * Support | Jun 29, 2016 |
| San Francisco Chamber of Commerce | ** Support | Aug 30, 2016 |
| San Francisco Housing Action Coalition | ** Support | Aug 30, 2016 |
| San Mateo County Economic Development Association | ** Support | Aug 30, 2016 |
| Sares Regis Homes | ** Support | Aug 30, 2016 |
| SARES, REGIS Group | ** Support | Jun 29, 2016 |
| SARES.REGIS Group | ** Support | Jun 29, 2016 |
| Scott Weiner, Supervisor - District 8, San Francisco | ** Support | Aug 30, 2016 |
| Silicon Valley Leadership Group | ** Support | Jun 29, 2016 |
| SPUR | ** Support | Aug 30, 2016 |
| Summer Hill Housing Group | ** Support | Aug 30, 2016 |
| SV@Home | ** Support | Aug 30, 2016 |
| SVAngel | ** Support | Aug 30, 2016 |
| TechCU | ** Support | Jun 29, 2016 |
| Technology Credit Union | ** Support | Aug 30, 2016 |
| Terner Center for Housing Innovation | ** Support | Aug 30, 2016 |
| The Home Depot | ** Support | Aug 30, 2016 |
| The Two Hundred | ** Support | Aug 30, 2016 |
| Tmg Partners | ** Support | Aug 30, 2016 |
| Turner Center for Housing Innovation at UC Berkeley | * Support | Aug 10, 2016 |
| Turner Center for Housing Innovation, UC Berkeley | ** Support | Jun 29, 2016 |
| UC Berkeley - College of Environmental Design | ** Support | Aug 30, 2016 |
| United Parcel Service | ** Support | Jun 29, 2016 |
| United Postal Service | * Support | Aug 10, 2016 |
| Ventura Council of Governments | ** Against | May 16, 2016 |
| Virgin America | ** Support | Aug 30, 2016 |
| Webcor Builders | ** Support | Aug 30, 2016 |
| Western Center On Law And Poverty Inc. | ** Support | Aug 30, 2016 |
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB |
UNFINISHED BUSINESS
Bill No: SB 1069
:
SENATE TRANS. & HOUSING COMMITTEE: 10-1, 4/19/16
AYES: Beall, Cannella, Allen, Gaines, Galgiani, Leyva, McGuire, Mendoza, Roth, Wieckowski
NOES: Bates
SENATE GOVERNANCE & FIN. COMMITTEE: 6-0, 4/20/16
AYES: Hertzberg, Nguyen, Beall, Hernandez, Lara, Moorlach
NO VOTE RECORDED: Pavley
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
SENATE FLOOR: 29-3, 5/16/16
AYES: Allen, Anderson, Beall, Berryhill, Block, Cannella, De León, Fuller, Gaines, Galgiani, Hancock, Hernandez, Hertzberg, Hill, Hueso, Huff, Lara, Leno, Leyva, Liu, Mitchell, Monning, Moorlach, Nielsen, Roth, Stone, Vidak, Wieckowski, Wolk
NOES: Bates, Glazer, Pavley
NO VOTE RECORDED: Hall, Jackson, McGuire, Mendoza, Morrell, Nguyen, Pan, Runner
ASSEMBLY FLOOR: 55-23, 8/29/16 - See last page for vote
DIGEST: This bill requires an ordinance for the creation of accessory dwelling units (ADUs) to include specified provisions regarding areas where ADUs may be located, standards, and lot density. This bill revises requirements for the approval or disapproval of an ADU application when a local agency has not adopted an ordinance.
Assembly Amendments add that local agencies shall not require an ADU applicant to install a new or separate utility connection directly between the ADU and the utility or impose a related connection fee capacity charge if the ADU is contained within the existing space of a single-family residence or accessory structure. A local agency may require a new or separate utility connection fee between an ADU and the utility if the ADU is not contained within the existing space of a single-family residence or accessory structure.
Existing law:
- Requires local governments to consider applications for a second unit ministerially, without discretionary review or hearing, regardless of any local ordinance regulating the issuance of special-use permits.
- Provides that a local government may, by ordinance, provide for the creation of second units in single-family and multi-family zones.
- Provides that a local ordinance for second units may do all of the following:
- Designate areas where second units may be permitted based on criteria that may include the adequacy of water and sewer services and the impact on traffic flow
- Impose parking, height, setback, lot coverage, architectural review, maximum unit size, and standards that prevent adverse impacts on any property listed in the California Register of Historic Places
- Provide that second units do not exceed the allowable density for the lots on which they are located and that second units are a residential use that is consistent with the existing general plan and zoning designation on a lot
This bill:
- Replaces “second units” with “accessory dwelling units” (ADUs) throughout the chapter.
- Requires a local agency, in its ADU ordinance, to do the following:
- Designate areas within the jurisdiction where ADUs may be permitted, which may be based upon criteria including but not limited to the adequacy of water and sewer services and the impact of ADUs on traffic flow and public safety.
- Impose standards on ADUs including but not limited to parking, height, setback, lot coverage, architectural review, and maximum size of the unit. Notwithstanding parking restrictions under this chapter, a local agency may not impose parking standards in the following instances:
- The ADU is located within ½ mile of public transit or shopping
- The ADU is located within an architecturally and historically significant historic district
- The ADU is part of an existing primary residence
- When on-street parking permits are required, but not offered to the occupant of the ADU
- When there is a car-share vehicle located within one block of the ADU
- Provide that second units do not exceed the allowable density for the lot upon which the second unit is located, and that the second unit is consistent with the existing general plan and zoning designation for the lot.
- Requires a local agency with an ADU ordinance to consider permits within 90 days of submittal of a complete building permit application.
- Provides that a local agency that has not adopted an ADU ordinance, upon receipt of its first application, shall accept or disapprove the application ministerially without discretionary review, unless it adopts an ordinance in accordance with this chapter within 90 days after receiving the application.
- Requires a local agency that has not adopted an ADU ordinance to approve the creation of an ADU if the ADU meets the following requirements:
- The unit is not intended for sale separate from the primary residence and may be rented.
- The lot is zoned for single-family or multifamily use.
- The lot contains an existing single-family dwelling.
- The ADU is either attached to the existing dwelling and located within the living area of the existing dwelling or detached and located on the same lot as the existing dwelling.
- The increased floor area of an attached ADU shall not exceed 50% of the existing living area.
- The total area floor space of the ADU shall not exceed 1,200 square feet.
- Requirements applicable to residential construction in the zone in which the property is located.
- Local building code requirements, which apply to detached dwellings as appropriate.
- Approved by the local health officer where a private sewage disposal system is being used.
- Removes the exemption for a local agency to adopt an ADU ordinance upon findings that the ordinance may limit housing opportunities in the region, and further contains findings that specific adverse impacts on the public health, safety, and welfare would result.
- Provides that a local agency may establish maximum and minimum unit size requirements for both attached and detached ADUs. No maximum or minimum size for an ADU, or size based upon a percentage of the existing dwelling unit, shall be established by ordinance for either attached or detached dwellings that does not permit at least a 500-foot ADU or a 500-foot efficiency unit to be constructed in compliance with local development standards.
- Establishes the maximum standards that local agencies shall use to evaluate proposed ADUs on lots zoned for residential use that contain an existing single-family dwelling. No additional standards shall be utilized or imposed, except that a local agency may require an applicant for a permit to be an owner-occupant or that the property be used for rentals or terms longer than 30 days.
- Removes the provision permitting additional parking upon a finding that additional parking is required related to the use of the ADU and consistent with existing neighborhood standards. Parking may be provided, however, as tandem parking in an existing driveway. 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 fire and life safety conditions.
- Requires ministerial approval by a local agency for a building permit to create an ADU if the ADU is contained within an existing single-family home, has independent exterior access from the existing residence, and the side and rear setbacks are sufficient for fire safety. ADUs shall not be required to provide fire sprinklers if they are not required for the primary residence.
- Provides that ADUs shall not be considered new residential uses for the purposes of calculating private or public utility connection fees, including water and sewer service. Local agencies shall not require an ADU applicant to install a new or separate utility connection directly between the ADU and the utility or impose a related connection fee capacity charge if the ADU is contained within the existing space of a single-family residence or accessory structure. A local agency may require a new or separate utility connection fee between an ADU and the utility if the ADU is not contained within the existing space of a single-family residence or accessory structure.
Comments
- Purpose. According to the author, housing in California is becoming increasingly unaffordable. The average California home currently costs about 2.5 times the national average home price, and the monthly rent is 50% higher than the rest of the nation. Rent in San Francisco, San Jose, Oakland, and Los Angeles are among the top 10 most unaffordable in the nation. With rising population growth, California must not only provide housing but also ensure affordability. While existing law enables accessory dwellings as a source of housing, recent studies show that local standards, perhaps unintentionally, prevent homeowners from building ADUs with standards like lot coverage, large set-backs, off-street parking, or costly construction requirements. Eliminating barriers to ADU construction is a common-sense, cost-effective approach that will permit homeowners to share empty rooms in their homes and property, add incomes to meet family budgets, and make good use of the property in the Bay Area and across California while easing the housing crisis. SB 1069 approaches the housing crisis by easing regulatory barriers for homeowners who choose to build affordable housing in their own backyards.
- Relaxing ADU requirements. According to a UC Berkeley study, Yes in My Backyard: Mobilizing the Market for Secondary Units, second units are a means to accommodate future growth and encourage infill development in developed neighborhoods. Despite existing state law, which requires each city in the state to have a ministerial process for approving second units, the study found that local regulations often impede development. Easing these burdens to permit more ADUs could permit a family to rent out the unit (about 49% of the units) or provide housing for a family member (about 51% of the units). The study, which evaluated five adjacent cities in the East Bay, concluded that there is a substantial market of interested homeowners; cities could reduce parking requirements without contributing to parking issues; second units could accommodate future growth and affordable housing; and that scaling up second-unit strategy could mean economic and fiscal benefits for cities.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
Bay Area Council (source)
AARP
Abode Services
American Planning Association – California Chapter
BHV Center Street Properties, Inc.
Bishop Ranch
Blue Shield of California
Bridge Housing
Building Industry Association – Bay Area
California Association of Realtors
California Building Industry Association
California Chamber of Commerce
California Housing Consortium
California Infill Federation
California Renters Legal Advocacy & Education Fund
California State Chamber of Commerce
Carol Galante, UC Berkeley – Terner Center for Housing Innovation
Center for Creative Land Recycling
Chase Communications
Colliers International
Comcast
Cushman & Wakefield
East Bay Leadership Council
Eden Housing
Emerald Fund
Greenbelt Alliance
Hanson Bridgett
HKS
The Home Depot
Housing Trust Silicon Valley
Joint Venture – Silicon Valley Network
Junius & Rose, LLP
Kaiser Permanente
Karen Chapple, Professor, UC Berkeley – City & Regional Planning
LA-Ms
Lennar Urban
Lily Pad Homes
MacKenzie Communications, Inc.
Main Street Property Services
Manatt
Marvell
McKinsey & Company
Natural Resources Defense Council
Nehemiah Corporation of America
New Avenue
Nibbi
Non-Profit Housing Association of Northern California
North Bay Leadership Council
Orange County Business Council
Pier 39
PLANT
Plumbing, Heating and Cooling Contractors
Polaris Pacific
Reuben, Junius & Rose, LLP
Rhodes Planning Group
Richard Rosenberg – Chairman & CEO (Retired), Bank of America
San Francisco Chamber of Commerce
San Francisco Housing Action Coalition
San Mateo County Economic Development Association
Sares Regis Homes
Scott Weiner, Supervisor – District 8, San Francisco
SPUR
Summer Hill Housing Group
SVAngel
SV@Home
Technology Credit Union
Terner Center for Housing Innovation
TMG Partners
The Two Hundred
UC Berkeley – College of Environmental Design
UPS
Virgin America
Webcor Builders
Western Center on Law and Poverty
OPPOSITION: (Verified 8/29/16)
City of Angels Camp
City of Cloverdale
City of Commerce
City of Daly City
City of La Mirada
City of Laguna Hills
City of Lakewood
City of Lodi
City of Merced
City of Moreno Valley
City of San Clemente
League of California Cities
ASSEMBLY FLOOR: 55-23, 8/29/16
AYES: Alejo, Arambula, Atkins, Bloom, Bonilla, Bonta, Brown, Burke, Calderon, Campos, Chau, Chiu, Chu, Cooley, Cooper, Dababneh, Daly, Dodd, Eggman, Frazier, Gallagher, Eduardo Garcia, Gomez, Gonzalez, Gordon, Gray, Roger Hernández, Holden, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, McCarty, Medina, Mullin, Nazarian, O'Donnell, Patterson, Quirk, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Weber, Wilk, Williams, Wood, Rendon
NOES: Achadjian, Travis Allen, Baker, Bigelow, Brough, Chang, Chávez, Dahle, Beth Gaines, Gatto, Grove, Hadley, Harper, Irwin, Jones, Maienschein, Mathis, Mayes, Melendez, Obernolte, Olsen, Wagner, Waldron
NO VOTE RECORDED: Cristina Garcia, Gipson
8/30/16 14:38:36
**** END ****
SENATE THIRD READING
STR Bill Id:SB 1069
Author:(Wieckowski)
As Amended Ver:August 25, 2016
Majority vote
SENATE VOTE: 29-3
Committee | Votes | Ayes | Noes |
Housing | 6-0 | Chiu, Steinorth, Burke, Chau, Lopez, Mullin |
|
Local Government | 6-2 | Eggman, Alejo, Bonilla, Chiu, Cooley, Linder | Waldron, Beth Gaines |
Appropriations | 15-3 | Gonzalez, Bloom, Bonilla, Bonta, Calderon, Daly, Eggman, Eduardo Garcia, Holden, Quirk, Santiago, Wagner, Weber, Wood, Chu | Bigelow, Jones, Obernolte |
SUMMARY: Makes a number of changes to state law regarding second units. Specifically, this bill:
- Makes legislative findings and declarations regarding the importance of Accessory Dwelling Units (ADUs) as an essential element of the state's housing supply.
- Replaces "second units" with "ADUs" throughout the chapter.
- Requires a local agency, in its ADU ordinance, to do the following:
- Designate areas within the jurisdiction where ADUs may be permitted, which may be based upon criteria including but not limited to the adequacy of water and sewer services and the impact of ADUs on traffic flow and public safety.
- Impose standards on ADUs including but not limited to parking, height, setback, lot coverage, architectural review, and maximum size of the unit.
- Provide that ADUs do not exceed the allowable density for the lot upon which the second unit is located, and that the ADU is consistent with the existing general plan and zoning designation for the lot.
- Requires a local agency with an ADU ordinance to consider permits within 120 days of submittal of a complete building permit application.
- Requires a local agency that has not adopted an ADU ordinance to ministerially approve the creation of an ADU if the ADU meets the following requirements:
- The unit is not intended for sale separate from the primary residence and may be rented.
- The lot is zoned for single-family or multifamily use.
- The lot contains an existing single-family dwelling.
- The ADU is either attached to the existing dwelling and located within the living area of the existing dwelling or detached and located on the same lot as the existing dwelling.
- The increased floor area of an attached ADU shall not exceed 50% of the existing living area, with a maximum increase in floor area of 1,200 square feet.
- The total area floor space of the ADU shall not exceed 1,200 square feet.
- 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.
- Local building code requirements, that apply to detached dwellings as appropriate.
- Approved by the local health officer where a private sewage disposal system is being used.
- Removes the exemption for a local agency to adopt an ADU ordinance upon findings 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 would result.
- Provides that a local agency may establish maximum and minimum unit size requirements for both attached and detached ADUs, however no maximum or minimum size for an ADU, or size based upon a percentage of the existing dwelling unit, 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.
- Provides that no additional standards, other than those in this section, shall be utilized or imposed to evaluate proposed ADUs, except that a local agency may require an applicant for a permit to be an owner-occupant or that the property be used for rentals of terms longer than 30 days.
- Removes the provision permitting additional parking upon a finding that additional parking is required related to the use of the ADU and consistent with existing neighborhood standards.
- States that parking requirements may be provided as tandem parking in an existing driveway.
- Provides that offstreet parking must 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 fire and life safety conditions.
- Prohibits a local agency from imposing parking standards for an ADU in any of the following instances:
- The ADU is located within ½ mile of public transit;
- The ADU is located within an architecturally and historically significant historic district;
- The ADU is part of an existing primary residence or an existing accessory structure;
- When on-street parking permits are required, but not offered to the occupant of the ADU; or
- When there is a car-share vehicle located within one block of the ADU.
- Provides that ADUs 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.
- Requires ministerial approval by a local agency for a building permit to create an ADU if the ADU is contained within an existing single-family home, has independent exterior access from the existing residence, and the side and rear setbacks are sufficient for fire safety. ADUs shall not be required to provide fire sprinklers if they are not required for the primary residence.
- For above-described ADUs contained within an existing single-family home, 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
- Allows, for ADUs not described in 15) above, a local agency to require a new or separate utility connection directly between the accessory dwelling unit and the utility. Consistent with Government Code Section 66013, the connection may be subject to a connection fee or capacity charge that shall be proportionate to the burden of the proposed ADU, 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.
- Provides that no reimbursement is required 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.
- Incorporates amendments to avoid chaptering conflicts with AB 2299 (Bloom) of the current legislative session.
FISCAL EFFECT: According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS:
Background: ADUs, which are referred to in existing law as "second units", are additional living quarters on single-family lots that are independent of the primary dwelling unit. Also known as accessory apartments, accessory dwellings, mother-in-law units, or granny flats, ADUs are either attached or detached to the primary dwelling unit, and provide complete independent living facilities for one or more person. This includes permanent provisions for living, sleeping, eating, cooking, and sanitation.
In 2002, AB 1866 (Wright), Chapter 1062, required local governments to use a ministerial process for approving ADUs, notwithstanding other laws that regulate the issuance of variances or special use permits. A local government may provide for the construction of ADUs by ordinance, and may designate areas where ADUs are allowed, as well as require standards for parking, setback, lot coverage, and maximum size. If a local government has not adopted an ordinance governing ADUs, it must grant a variance or special use permit for the creation of ADUs if the unit complies with requirements specified in statute, including size and zoning restrictions.
University of California (UC) Berkeley ADU study: According to a UC Berkeley study, Yes in My Backyard: Mobilizing the Market for Secondary Units by Karen Chapple, second units are a means to accommodate future growth and encourage infill development in developed neighborhoods. The study, which evaluated five adjacent cities in the East Bay, concluded that there is substantial market of interested homeowners; cities could reduce parking requirements without contributing to parking issues; second units could accommodate future growth and affordable housing; and that scaling up second unit strategy could mean economic and fiscal benefits for cities.
Despite existing state law, which requires each city in the state to have a ministerial process for approving second units, the study found that local regulations often impede development. Easing these burdens to permit more ADUs could permit a family to rent out the unit (about 49% of the units) or provide housing for a family member (about 51% of the units). In fact, the study found that the average second unit was advertised at a rental rate that makes it affordable to a household earning 62% of the area median income.
This bill implements several policy recommendations from this study by easing the most significant barriers to the construction and permitting of ADUs. These changes include:
- Provides alternatives and exceptions to parking requirements, such as the case of an ADU located near public transit or if the ADU is part of an existing dwelling.
- Requires a local agency with an ADU ordinance to consider permits within 120 days of submittal of a complete building permit application.
- Increases the size of an ADU from 30% of the existing dwelling to 50%, with a maximum increase in floor area of 1,200 square feet.
- Removes the ability of a local agency to adopt an ordinance that completely precludes the construction of ADUs.
- Requires ministerial approval of an ADU contained within an existing single-family home that has independent access from the existing residence and has rear and side setbacks sufficient for fire safety, and removes the requirement for an ADU to have fire sprinklers if they were not required for the primary residence.
- Allows a local agency to require an applicant for a permit to be an owner-occupant or that the property be used for rentals of terms longer than 30 days.
Need for this bill: According to the author,
"In a 2015 Legislative Analyst's Office report, the Legislature was advised to facilitate the development of significantly more private homes and apartments in California. The lack of housing in California has caused a crisis harming communities and families throughout the state. The average California home currently costs about two and half times the national average home price. A person earning minimum wage must work three full-time jobs in order to afford a two-bedroom unit. In California's more heavily populated metropolitan areas, a minimum wage worker would have to pick up a fourth and fifth job to afford the same two-bedroom unit. Throughout the state, the bottom 25% of income earners spends 67% of their income on housing. The high cost of housing is one of the biggest drivers of institutional and generational poverty cycles and will not be resolved until more housing can be developed, especially close to jobs and schools which is consistent with State SB 375 [(Steinberg), Chapter 728, Statutes of 2008] Climate Change Planning Goals. The Legislative Analyst's Office has advised that it is imperative the Legislature facilitate the development of significantly more housing to address the affordability crisis.
"Accessory dwellings provide part of the solution to the housing crisis. They are the only source of housing that can be added within a year at an affordable price, in existing developed communities served by infrastructure consistent with SB 375, without public subsidy, and action by the State on a few issues will make this possible for tens of thousands of owners to immediately benefit and help their communities. The importance of ADUs as a critical source of infill housing and the barriers preventing them have been documented in studies from UC Berkeley and UCLA [University of California, Los Angeles] including Yes in My Backyard by Karen Chapple.
"SB 1069 proposes a common-sense, cost-effective approach that will allow homeowners to share empty rooms in their homes and property, add incomes to meet family budgets, improve the safety of accessory dwellings, and make good use of existing infill property across California while easing the housing crisis. The Governor supported the bill on page 52 of the May Revision of the 2016 Budget, stating that this bill will increase the state's housing supply without creating a state reimbursable mandate."
Administration Support: According to the Governor's 2016-17 May Revision:
"The Administration is also supportive of other initiatives to increase housing supply where such initiatives do not create a state reimbursable mandate. This includes using inventory such as accessory dwelling units (additional living quarters on single‑family lots that are independent of the primary dwelling unit). …Policies can increase the availability of accessory dwelling units with expanded ministerial approval, shortened permitting timelines, reduced duplicative fees, and relaxed parking requirements, consistent with the principles identified by SB 1069 (2016). The state can further increase supply by eliminating overly burdensome requirements for accessory dwelling units identified by AB 2299 (2016), such as passageways to public streets and setbacks of five feet from lot lines."
Related legislation:
AB 2299 (Bloom) of the current legislative session: Would require, rather than permit, a local government to adopt an ordinance for the creation of second units in single-family and multifamily residential zones. Would restrict the standards local governments may impose on second units by prohibiting imposition of parking requirements on second units within a half-mile of transit, shopping, or within a historic district, constraining the setbacks that local governments may require, and repealing ability to prohibit second units. The bill is pending on the Senate Floor.
AB 2406 (Thurmond) of the current legislative session: Would allow local agencies to adopt an ordinance that authorizes the construction of "junior accessory dwelling units" of 500 square feet or less and includes standards that local agencies may adopt regarding those units. The bill is pending a concurrence vote on the Assembly Floor.
Analysis Prepared by: Rebecca Rabovsky / H. & C.D. / (916) 319-2085 FN: 0004935
SENATE THIRD READING
STR Bill Id:SB 1069
Author:(Wieckowski)
As Amended Ver:August 19, 2016
Majority vote
SENATE VOTE: 29-3
Committee | Votes | Ayes | Noes |
Housing | 6-0 | Chiu, Steinorth, Burke, Chau, Lopez, Mullin | |
Local Government | 6-2 | Eggman, Alejo, Bonilla, Chiu, Cooley, Linder | Waldron, Beth Gaines |
Appropriations | 15-3 | Gonzalez, Bloom, Bonilla, Bonta, Calderon, Daly, Eggman, Eduardo Garcia, Holden, Quirk, Santiago, Wagner, Weber, Wood, Chu | Bigelow, Jones, Obernolte |
SUMMARY: Makes a number of changes to state law regarding second units. Specifically, this bill:
- Makes legislative findings and declarations regarding the importance of Accessory Dwelling Units (ADUs) as an essential element of the state's housing supply.
- Replaces "second units" with "ADUs" throughout the chapter.
- Requires a local agency, in its ADU ordinance, to do the following:
- Designate areas within the jurisdiction where ADUs may be permitted, which may be based upon criteria including but not limited to the adequacy of water and sewer services and the impact of ADUs on traffic flow and public safety.
- Impose standards on ADUs including but not limited to parking, height, setback, lot coverage, architectural review, and maximum size of the unit.
- Provide that ADUs do not exceed the allowable density for the lot upon which the second unit is located, and that the ADU is consistent with the existing general plan and zoning designation for the lot.
- Requires a local agency with an ADU ordinance to consider permits within 120 days of submittal of a complete building permit application.
- Requires a local agency that has not adopted an ADU ordinance to ministerially approve the creation of an ADU if the ADU meets the following requirements:
- The unit is not intended for sale separate from the primary residence and may be rented.
- The lot is zoned for single-family or multifamily use.
- The lot contains an existing single-family dwelling.
- The ADU is either attached to the existing dwelling and located within the living area of the existing dwelling or detached and located on the same lot as the existing dwelling.
- The increased floor area of an attached ADU shall not exceed 50% of the existing living area, with a maximum increase in floor area of 1,200 square feet.
- The total area floor space of the ADU shall not exceed 1,200 square feet.
- 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.
- Local building code requirements, that apply to detached dwellings as appropriate.
- Approved by the local health officer where a private sewage disposal system is being used.
- Removes the exemption for a local agency to adopt an ADU ordinance upon findings 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 would result.
- Provides that a local agency may establish maximum and minimum unit size requirements for both attached and detached ADUs, however no maximum or minimum size for an ADU, or size based upon a percentage of the existing dwelling unit, 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.
- Provides that no additional standards, other than those in this section, shall be utilized or imposed to evaluate proposed ADUs, except that a local agency may require an applicant for a permit to be an owner-occupant or that the property be used for rentals of terms longer than 30 days.
- Removes the provision permitting additional parking upon a finding that additional parking is required related to the use of the ADU and consistent with existing neighborhood standards.
- States that parking requirements may be provided as tandem parking in an existing driveway.
- Provides that offstreet parking must 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 fire and life safety conditions.
- Prohibits a local agency from imposing parking standards for an ADU in any of the following instances:
- The ADU is located within 0.5 mile of public transit;
- The ADU is located within an architecturally and historically significant historic district;
- The ADU is part of an existing primary residence or an existing accessory structure;
- When on-street parking permits are required, but not offered to the occupant of the ADU; or
- When there is a car-share vehicle located within one block of the ADU.
- Provides that ADUs 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.
- Requires ministerial approval by a local agency for a building permit to create an ADU if the ADU is contained within an existing single-family home, has independent exterior access from the existing residence, and the side and rear setbacks are sufficient for fire safety. ADUs shall not be required to provide fire sprinklers if they are not required for the primary residence.
- For above-described ADUs contained within an existing single-family home, 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
- Allows, for ADUs not described in 14) above, a local agency to require a new or separate utility connection directly between the accessory dwelling unit and the utility. Consistent with Government Code Section 66013, the connection may be subject to a connection fee or capacity charge that shall be proportionate to the burden of the proposed ADU, 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.
- Provides that no reimbursement is required 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.
FISCAL EFFECT: According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS:
Background: ADUs, which are referred to in existing law as "second units", are additional living quarters on single-family lots that are independent of the primary dwelling unit. Also known as accessory apartments, accessory dwellings, mother-in-law units, or granny flats, ADUs are either attached or detached to the primary dwelling unit, and provide complete independent living facilities for one or more person. This includes permanent provisions for living, sleeping, eating, cooking, and sanitation.
In 2002, AB 1866 (Wright), Chapter 1062, required local governments to use a ministerial process for approving ADUs, notwithstanding other laws that regulate the issuance of variances or special use permits. A local government may provide for the construction of ADUs by ordinance, and may designate areas where ADUs are allowed, as well as require standards for parking, setback, lot coverage, and maximum size. If a local government has not adopted an ordinance governing ADUs, it must grant a variance or special use permit for the creation of ADUs if the unit complies with requirements specified in statute, including size and zoning restrictions.
University of California (UC) Berkeley ADU study: According to a UC Berkeley study, Yes in My Backyard: Mobilizing the Market for Secondary Units by Karen Chapple, second units are a means to accommodate future growth and encourage infill development in developed neighborhoods. The study, which evaluated five adjacent cities in the East Bay, concluded that there is substantial market of interested homeowners; cities could reduce parking requirements without contributing to parking issues; second units could accommodate future growth and affordable housing; and that scaling up second unit strategy could mean economic and fiscal benefits for cities.
Despite existing state law, which requires each city in the state to have a ministerial process for approving second units, the study found that local regulations often impede development. Easing these burdens to permit more ADUs could permit a family to rent out the unit (about 49% of the units) or provide housing for a family member (about 51% of the units). In fact, the study found that the average second unit was advertised at a rental rate that makes it affordable to a household earning 62% of the area median income.
This bill implements several policy recommendations from this study by easing the most significant barriers to the construction and permitting of ADUs. These changes include:
- Provides alternatives and exceptions to parking requirements, such as the case of an ADU located near public transit or if the ADU is part of an existing dwelling.
- Requires a local agency with an ADU ordinance to consider permits within 120 days of submittal of a complete building permit application.
- Increases the size of an ADU from 30% of the existing dwelling to 50%, with a maximum increase in floor area of 1,200 square feet.
- Removes the ability of a local agency to adopt an ordinance that completely precludes the construction of ADUs.
- Requires ministerial approval of an ADU contained within an existing single-family home that has independent access from the existing residence and has rear and side setbacks sufficient for fire safety, and removes the requirement for an ADU to have fire sprinklers if they were not required for the primary residence.
- Allows a local agency to require an applicant for a permit to be an owner-occupant or that the property be used for rentals of terms longer than 30 days.
Need for this bill: According to the author,
"In a 2015 Legislative Analyst's Office report, the Legislature was advised to facilitate the development of significantly more private homes and apartments in California. The lack of housing in California has caused a crisis harming communities and families throughout the state. The average California home currently costs about two and half times the national average home price. A person earning minimum wage must work three full-time jobs in order to afford a two-bedroom unit. In California's more heavily populated metropolitan areas, a minimum wage worker would have to pick up a fourth and fifth job to afford the same two-bedroom unit. Throughout the state, the bottom 25% of income earners spends 67% of their income on housing. The high cost of housing is one of the biggest drivers of institutional and generational poverty cycles and will not be resolved until more housing can be developed, especially close to jobs and schools which is consistent with State SB 375 [(Steinberg), Chapter 728, Statutes of 2008] Climate Change Planning Goals. The Legislative Analyst's Office has advised that it is imperative the Legislature facilitate the development of significantly more housing to address the affordability crisis.
"Accessory dwellings provide part of the solution to the housing crisis. They are the only source of housing that can be added within a year at an affordable price, in existing developed communities served by infrastructure consistent with SB 375, without public subsidy, and action by the State on a few issues will make this possible for tens of thousands of owners to immediately benefit and help their communities. The importance of ADUs as a critical source of infill housing and the barriers preventing them have been documented in studies from UC Berkeley and UCLA [University of California, Los Angeles] including Yes in My Backyard by Karen Chapple.
"SB 1069 proposes a common-sense, cost-effective approach that will allow homeowners to share empty rooms in their homes and property, add incomes to meet family budgets, improve the safety of accessory dwellings, and make good use of existing infill property across California while easing the housing crisis. The Governor supported the bill on page 52 of the May Revision of the 2016 Budget, stating that this bill will increase the state's housing supply without creating a state reimbursable mandate."
Administration Support: According to the Governor's 2016-17 May Revision:
"The Administration is also supportive of other initiatives to increase housing supply where such initiatives do not create a state reimbursable mandate. This includes using inventory such as accessory dwelling units (additional living quarters on single‑family lots that are independent of the primary dwelling unit). …Policies can increase the availability of accessory dwelling units with expanded ministerial approval, shortened permitting timelines, reduced duplicative fees, and relaxed parking requirements, consistent with the principles identified by SB 1069 (2016). The state can further increase supply by eliminating overly burdensome requirements for accessory dwelling units identified by AB 2299 [(Wieckowski) of the current legislative session] (2016), such as passageways to public streets and setbacks of five feet from lot lines."
Related legislation:
AB 2299 (Bloom) of the current legislative session: Would require, rather than permit, a local government to adopt an ordinance for the creation of second units in single-family and multifamily residential zones. Would restrict the standards local governments may impose on second units by prohibiting imposition of parking requirements on second units within a half-mile of transit, shopping, or within a historic district, constraining the setbacks that local governments may require, and repealing ability to prohibit second units. This bill is pending on the Senate Floor.
AB 2406 (Thurmond) of the current legislative session: Would allow local agencies to adopt an ordinance that authorizes the construction of "junior accessory dwelling units" of 500 square feet or less and includes standards that local agencies may adopt regarding those units. This bill is pending on the Senate Floor.
Analysis Prepared by: Rebecca Rabovsky / H. & C.D. / (961) 319-2085 FN: 0004642
SENATE THIRD READING
STR Bill Id:
Author:()
As Amended Ver:
Majority vote
SENATE VOTE: 29-3
Committee | Votes | Ayes | Noes |
Housing | 6-0 | Chiu, Steinorth, Burke, Chau, Lopez, Mullin | |
Local Government | 6-2 | Eggman, Alejo, Bonilla, Chiu, Cooley, Linder | Waldron, Beth Gaines |
Appropriations | 15-3 | Gonzalez, Bloom, Bonilla, Bonta, Calderon, Daly, Eggman, Eduardo Garcia, Holden, Quirk, Santiago, Wagner, Weber, Wood, Chu | Bigelow, Jones, Obernolte |
SUMMARY: Makes a number of changes to state law regarding second units. Specifically, this bill:
- Makes legislative findings and declarations regarding the importance of Accessory Dwelling Units (ADUs) as an essential element of the state's housing supply.
- Replaces "second units" with "ADUs" throughout the chapter.
- Requires a local agency, in its ADU ordinance, to do the following:
- Designate areas within the jurisdiction where ADUs may be permitted, which may be based upon criteria including but not limited to the adequacy of water and sewer services and the impact of ADUs on traffic flow and public safety.
- Impose standards on ADUs including but not limited to parking, height, setback, lot coverage, architectural review, and maximum size of the unit.
- Provide that ADUs do not exceed the allowable density for the lot upon which the second unit is located, and that the ADU is consistent with the existing general plan and zoning designation for the lot.
- Requires a local agency with an ADU ordinance to consider permits within 90 days of submittal of a complete building permit application.
- Provides that a local agency that has not adopted an ADU ordinance shall approve or disapprove a permit application ministerially without discretionary review, unless it adopts an ordinance within 90 days after receiving the application.
- Requires a local agency that has not adopted an ADU ordinance to ministerially approve the creation of an ADU if the ADU meets the following requirements:
- The unit is not intended for sale separate from the primary residence and may be rented.
- The lot is zoned for single-family or multifamily use.
- The lot contains an existing single-family dwelling.
- The ADU is either attached to the existing dwelling and located within the living area of the existing dwelling or detached and located on the same lot as the existing dwelling.
- The increased floor area of an attached ADU shall not exceed 50% of the existing living area, with a maximum increase in floor area of 1,200 square feet.
- The total area floor space of the ADU shall not exceed 1,200 square feet.
- 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.
- Local building code requirements, that apply to detached dwellings as appropriate.
- Approved by the local health officer where a private sewage disposal system is being used.
- Removes the exemption for a local agency to adopt an ADU ordinance upon findings 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 would result.
- Provides that a local agency may establish maximum and minimum unit size requirements for both attached and detached ADUs, however no maximum or minimum size for an ADU, or size based upon a percentage of the existing dwelling unit, 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.
- Provides that no additional standards, other than those in this section, shall be utilized or imposed to evaluate proposed ADUs, except that a local agency may require an applicant for a permit to be an owner-occupant or that the property be used for rentals of terms longer than 30 days.
- Removes the provision permitting additional parking upon a finding that additional parking is required related to the use of the ADU and consistent with existing neighborhood standards.
- States that parking requirements may be provided as tandem parking in an existing driveway.
- Provides that offstreet parking must 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 fire and life safety conditions.
- Prohibits a local agency from imposing parking standards for an ADU in any of the following instances:
- The ADU is located within ½ mile of public transit or shopping;
- The ADU is located within an architecturally and historically significant historic district;
- The ADU is part of an existing primary residence;
- When on-street parking permits are required, but not offered to the occupant of the ADU; or
- When there is a car-share vehicle located within one block of the ADU.
- Provides that ADUs 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.
- Requires ministerial approval by a local agency for a building permit to create an ADU if the ADU is contained within an existing single-family home, has independent exterior access from the existing residence, and the side and rear setbacks are sufficient for fire safety. ADUs shall not be required to provide fire sprinklers if they are not required for the primary residence.
- For above-described ADUs contained within an existing single-family home, 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 capacity charge
- Allows, for ADUs not described in 15) above, a local agency to require a new or separate utility connection directly between the accessory dwelling unity and the utility. Consistent with Government Code Section 66013, the connection may be subject to a connection fee or capacity charge that shall be proportionate to the burden of the proposed ADU, 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.
- Provides that no reimbursement is required 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.
FISCAL EFFECT: According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS:
Background: ADUs, which are referred to in existing law as "second units", are additional living quarters on single-family lots that are independent of the primary dwelling unit. Also known as accessory apartments, accessory dwellings, mother-in-law units, or granny flats, ADUs are either attached or detached to the primary dwelling unit, and provide complete independent living facilities for one or more person. This includes permanent provisions for living, sleeping, eating, cooking, and sanitation.
In 2002, AB 1866 (Wright), Chapter 1062, required local governments to use a ministerial process for approving ADUs, notwithstanding other laws that regulate the issuance of variances or special use permits. A local government may provide for the construction of ADUs by ordinance, and may designate areas where ADUs are allowed, as well as require standards for parking, setback, lot coverage, and maximum size. If a local government has not adopted an ordinance governing ADUs, it must grant a variance or special use permit for the creation of ADUs if the unit complies with requirements specified in statute, including size and zoning restrictions.
University of California (UC) Berkeley ADU study: According to a UC Berkeley study, Yes in My Backyard: Mobilizing the Market for Secondary Units by Karen Chapple, second units are a means to accommodate future growth and encourage infill development in developed neighborhoods. The study, which evaluated five adjacent cities in the East Bay, concluded that there is substantial market of interested homeowners; cities could reduce parking requirements without contributing to parking issues; second units could accommodate future growth and affordable housing; and that scaling up second unit strategy could mean economic and fiscal benefits for cities.
Despite existing state law, which requires each city in the state to have a ministerial process for approving second units, the study found that local regulations often impede development. Easing these burdens to permit more ADUs could permit a family to rent out the unit (about 49% of the units) or provide housing for a family member (about 51% of the units). In fact, the study found that the average second unit was advertised at a rental rate that makes it affordable to a household earning 62% of the area median income.
This bill implements several policy recommendations from this study by easing the most significant barriers to the construction and permitting of ADUs. These changes include:
- Provides alternatives and exceptions to parking requirements, such as the case of an ADU located near public transit or if the ADU is part of an existing dwelling.
- Shortens the review period of an application for an ADU building permit from 120 days to 90 days.
- Increases the size of an ADU from 30% of the existing dwelling to 50%, with a maximum increase in floor area of 1,200 square feet.
- Removes the ability of a local agency to adopt an ordinance that completely precludes the construction of ADUs.
- Requires ministerial approval of an ADU contained within an existing single-family home that has independent access from the existing residence and has rear and side setbacks sufficient for fire safety, and removes the requirement for an ADU to have fire sprinklers if they were not required for the primary residence.
- Allows a local agency to require an applicant for a permit to be an owner-occupant or that the property be used for rentals of terms longer than 30 days.
Need for this bill: According to the author,
"In a 2015 Legislative Analyst's Office report, the Legislature was advised to facilitate the development of significantly more private homes and apartments in California. The lack of housing in California has caused a crisis harming communities and families throughout the state. The average California home currently costs about two and half times the national average home price. A person earning minimum wage must work three full-time jobs in order to afford a two-bedroom unit. In California's more heavily populated metropolitan areas, a minimum wage worker would have to pick up a fourth and fifth job to afford the same two-bedroom unit. Throughout the state, the bottom 25% of income earners spends 67% of their income on housing. The high cost of housing is one of the biggest drivers of institutional and generational poverty cycles and will not be resolved until more housing can be developed, especially close to jobs and schools which is consistent with State SB 375 [(Steinberg), Chapter 728, Statutes of 2008] Climate Change Planning Goals. The Legislative Analyst's Office has advised that it is imperative the Legislature facilitate the development of significantly more housing to address the affordability crisis.
"Accessory dwellings provide part of the solution to the housing crisis. They are the only source of housing that can be added within a year at an affordable price, in existing developed communities served by infrastructure consistent with SB 375, without public subsidy, and action by the State on a few issues will make this possible for tens of thousands of owners to immediately benefit and help their communities. The importance of ADUs as a critical source of infill housing and the barriers preventing them have been documented in studies from UC Berkeley and UCLA [University of California, Los Angeles] including Yes in My Backyard by Karen Chapple.
"SB 1069 proposes a common-sense, cost-effective approach that will allow homeowners to share empty rooms in their homes and property, add incomes to meet family budgets, improve the safety of accessory dwellings, and make good use of existing infill property across California while easing the housing crisis. The Governor supported the bill on page 52 of the May Revision of the 2016 Budget, stating that this bill will increase the state’s housing supply without creating a state reimbursable mandate."
Administration Support: According to the Governor's 2016-17 May Revision:
"The Administration is also supportive of other initiatives to increase housing supply where such initiatives do not create a state reimbursable mandate. This includes using inventory such as accessory dwelling units (additional living quarters on single‑family lots that are independent of the primary dwelling unit). …Policies can increase the availability of accessory dwelling units with expanded ministerial approval, shortened permitting timelines, reduced duplicative fees, and relaxed parking requirements, consistent with the principles identified by SB 1069 (2016). The state can further increase supply by eliminating overly burdensome requirements for accessory dwelling units identified by AB 2299 (2016), such as passageways to public streets and setbacks of five feet from lot lines."
Related legislation:
AB 2299 (Bloom) of the current legislative session: Would require, rather than permit, a local government to adopt an ordinance for the creation of second units in single-family and multifamily residential zones. Would restrict the standards local governments may impose on second units by prohibiting imposition of parking requirements on second units within a half-mile of transit, shopping, or within a historic district, constraining the setbacks that local governments may require, and repealing ability to prohibit second units. This bill is pending on the Senate Floor.
AB 2406 (Thurmond) of the current legislative session: Would allow local agencies to adopt an ordinance that authorizes the construction of "junior accessory dwelling units" of 500 square feet or less and includes standards that local agencies may adopt regarding those units. This bill is pending on the Senate Floor.
Analysis Prepared by: Rebecca Rabovsky / H. & C.D. / (961) 319-2085 FN: 0004082
Date of Hearing: August 10, 2016
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez, Chair
SBPCA Bill Id:SB 1069
Author:(Wieckowski) – As Amended Ver:August 1, 2016
Policy Committee: | Housing and Community Development | Vote: | 6 - 0 |
Local Government | 6 - 2 | ||
|
|
Urgency: No State Mandated Local Program: Yes Reimbursable: No
SUMMARY: This bill makes a number of changes to state law regarding second units. Specifically, this bill:
- Replaces the term “second unit” with “accessory dwelling unit” in sections of housing law.
- Requires, if a local agency provides by ordinance for the creation of accessory dwelling units (ADUs) in single-family and multifamily residential zones, the ordinance to; a) designate areas within the jurisdiction of the local agency where ADUs may be permitted; b) impose standards on ADUs; and c) provide that ADUs do not exceed the allowable density and are consistent with the existing general plan and zoning designation for the lot.
- Requires a local agency with an ADU ordinance to consider permits within 90 days of submittal of a complete building permit application.
- Requires a local agency that has not adopted an ADU ordinance to approve or disapprove a permit application ministerially without discretionary review, unless it adopts an ordinance within 90 days, after receiving the application. Requires every local agency to ministerially approve the creation of an ADU, if certain conditions are met.
- Requires a local agency to ministerially approve an application for a building permit to create within a single-family residential zone one ADU per single-family lot, if the unit is contained within the existing space, has independent exterior access from the existing residence, and the side and rear setbacks are sufficient for fire safety. Prohibits a local agency from requiring an applicant to install a new or separate utility connection directly between the ADU and the utility, or impose a related connection fee capacity charge in these cases.
- For ADUs not described in 5) above, allows a local agency to require a new or separate utility connection directly between the ADU and the utility. The connection may be subject to a connection fee or capacity charge that is proportionate to the burden of the proposed ADU on the water or sewer system. Prohibits the fee or charge from exceeding the reasonable cost of providing the service.
- Prohibits ADUs from being considered new residential uses for the purposes of calculating private or public utility connection fees, including water and sewer service.
FISCAL EFFECT:
Negligible state fiscal impact. Although a state mandate, costs are not reimbursable because an Agency has authority to levy fees sufficient to cover any costs.
COMMENTS:
- Purpose. According to the author, “Accessory dwellings provide part of the solution to the housing crisis. They are the only source of housing that can be added within a year at an affordable price, in existing developed communities served by infrastructure consistent with SB 375, without public subsidy, and action by the State on a few issues will make this possible for tens of thousands of owners to immediately benefit and help their communities.
“ADUs – referred to in existing law as second units - are additional living quarters on single-family lots that are independent of the primary dwelling unit. These units are inherently affordable - costing as little as $10,000 to $200,000 or 50-90% less to build than conventional infill development. Under existing law, any property owner has the ability to construct an ADU on their property should they meet certain zoning and building requirements. However, a significant number of homeowners are prevented from constructing these units due to the layers of zoning and regulatory barriers such as lot size, setbacks, independent off-street parking, and costly duplicative fees. For example, most local agencies treat accessory dwellings like a “new development” and require sprinklers and new service fees that can double the cost of building the unit itself (adding fee costs of $10,000-75,000/unit) which unreasonably burdens owners trying to add this low-cost, green, infill form of housing."
- Background. Also known as accessory apartments, mother-in-law units, or granny flats, ADUs are either attached or detached to the primary dwelling unit, and provide complete independent living facilities for one person, or more. This includes permanent provisions for living, sleeping, eating, cooking, and sanitation.
In 2002, AB 1866 (Wright) (Chapter 1062, Statutes of 2002), required local governments to use a ministerial process for approving ADUs, notwithstanding other laws that regulate the issuance of variances or special use permits. A local government may provide for the construction of ADUs by ordinance, and may designate areas where ADUs are allowed, as well as require standards for parking, setback, lot coverage, and maximum size. If a local government has not adopted an ordinance governing ADUs, it must grant a variance or special use permit for the creation of ADUs if the unit complies with requirements specified in statute, including size and zoning restrictions.
According to a UC Berkeley study, "Yes in My Backyard: Mobilizing the Market for Secondary Units" by Karen Chapple, second units are a means to accommodate future growth and encourage infill development in developed neighborhoods. The study, which evaluated five adjacent cities in the East Bay, concluded that there is substantial market of interested homeowners; cities could reduce parking requirements without contributing to parking issues; second units could accommodate future growth and affordable housing; and that scaling up second unit strategy could mean economic and fiscal benefits for cities.
This bill implements several policy recommendations from this study by easing the most significant barriers to the construction and permitting of ADUs.
- Administration Support. According to the Governor’s 2016-17 May Revision:
"The Administration is also supportive of other initiatives to increase housing supply where such initiatives do not create a state reimbursable mandate. This includes using inventory such as accessory dwelling units (additional living quarters on single‑family lots that are independent of the primary dwelling unit)….. Policies can increase the availability of accessory dwelling units with expanded ministerial approval, shortened permitting timelines, reduced duplicative fees, and relaxed parking requirements, consistent with the principles identified by SB 1069 (2016). The state can further increase supply by eliminating overly burdensome requirements for accessory dwelling units identified by AB 2299 (2016), such as passageways to public streets and setbacks of five feet from lot lines."
- Current Legislation.
- AB 2299 (Bloom), pending on the Senate Floor, requires, rather than permits, a local government to adopt an ordinance for the creation of second units in single-family and multifamily residential zones. Would restrict the standards local governments may impose on second units by prohibiting imposition of parking requirements on second units within a half-mile of transit, shopping, or within a historic district, constraining the setbacks that local governments may require, and repealing ability to prohibit second units.
- AB 2406 (Thurmond), pending on the Senate Floor, allows local agencies to adopt an ordinance that authorizes the construction of “junior accessory dwelling units” of 500 square feet or less and includes standards that local agencies may adopt regarding those units.
Analysis Prepared by: Jennifer Swenson / APPR. / (916) 319-2081
Date of Hearing: June 29, 2016
ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT
Susan Talamantes Eggman, Chair
SBPCA Bill Id:SB 1069
Author:(Wieckowski) – As Amended Ver:June 16, 2016
SENATE VOTE: 29-3
SUBJECT: Land use: zoning.
SUMMARY: Makes a number of changes to state law regarding second units. Specifically, this bill:
- Replaces the term “second dwelling unit” with “accessory dwelling unit” in specified sections of housing law.
- Requires, if a local agency, by ordinance, provides for the creation of accessory dwelling units (ADUs) in single-family and multifamily residential zones, the ordinance to do all of the following:
- Designate areas within the jurisdiction of the local agency where ADUs 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 ADUs on traffic flow and public safety;
- Impose standards on ADUs that include, but are not limited to, parking, height, setback, lot coverage, 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; and,
- Provide that ADUs do not exceed the allowable density for the lot upon which the ADU is located and that ADUs are a residential use that is consistent with the existing general plan and zoning designation for the lot.
- Requires a local agency with an ADU ordinance to consider permits within 90 days of submittal of a complete building permit application.
- Requires a local agency that has not adopted an ADU ordinance to approve or disapprove a permit application ministerially without discretionary review, unless it adopts an ordinance within 90 days, instead of 120 days, after receiving the application.
- Requires every local agency to ministerially approve the creation of an ADU, if the ADU complies with all of the following:
- The unit is not intended for sale separate from the primary residence and may be rented;
- The lot is zoned for single-family or multifamily use;
- The lot contains an existing single-family dwelling;
- The ADU 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;
- The increase floor area of an attached ADU shall not exceed 50 percent of the existing living area;
- The total area of floorspace for a detached ADU shall not exceed 1,200 square feet;
- The 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;
- Local building code requirements that apply to detached dwellings, if appropriate; and,
- Approval by the local health officer where a private sewage disposal system is being used, if required.
- Allows a local agency to require an applicant for a permit for an ADU to be an owner-occupant or that property to be used for rentals of terms longer than 30 days.
- Prohibits ADUs being required to provide fire sprinklers, if they are not required for the primary residence.
- Allows tandem parking on an existing driveway to meet specified parking requirements for an ADU.
- Prohibits a public agency from imposing parking standards for an ADU in any of the following instances:
- The ADU is located within ½ mile of public transit or shopping;
- The ADU is located within an architecturally and historically significant historic district;
- The ADU is part of the existing primary residence;
- When on-street parking permits are required but not offered to the occupant of the ADU; or,
- When there is a car share vehicle located within one block of the ADU.
- Requires, notwithstanding existing law, a local agency to ministerially approve an application for a building permit to create within a single-family residential zone one ADU 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. Specifies that ADUs shall not be required to provide fire sprinklers, if they are not required for the primary residence.
- Prohibits ADUS from being considered new residential uses for the purposes of calculating private or public utility connection fees, including water and sewer service.
- Deletes language from existing law that prohibits local agencies from adopting an ordinance, which totally precludes second units, unless the ordinance contains specified findings.
- Revises and adds to existing findings and declarations regarding accessory dwelling units.
- States that no reimbursement is required 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, as specified.
EXISTING LAW:
- Defines “second unit” as an attached or a detached residential dwelling unit, which provides complete independent living facilities for one or more persons.
- Provides that a second unit must include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family dwelling is situated.
- Permits a local agency, by ordinance, to provide for the creation of second units in single-family and multifamily residential zones, as specified.
- Requires, if a local agency adopts a second-unit ordinance, that applications be considered ministerially without discretionary review or a hearing. Additionally, nothing may be construed to require a local government to adopt or amend an ordinance regulating the issuance of variances or special-use permits for second units.
- Requires a local agency that has not adopted a second-unit ordinance to accept and approve or disapprove the application ministerially, without discretionary review or hearing, within 120 days after receiving the application. Requires every local agency to grant a variance or special permit for the creation of a second unit if the second unit complies with all of the following:
- The unit is not intended for sale and may be rented;
- The lot is zoned for single-family or multifamily use;
- The lot contains an existing single-family dwelling;
- The second unit is either attached to the existing dwelling and located within the living area of the existing dwelling or detached and located on the same lot as the existing dwelling;
- The increased floor area of an attached second unit shall not exceed 30% of the existing living area;
- The total area floor space shall not exceed 1,200 square feet;
- 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;
- Local building code requirements that apply to detached dwellings; and,
- The unit is approved by the local health officer where a private sewage disposal system is being used.
- Provides that no local agency may adopt an ordinance that totally precludes second units, unless the ordinance contains findings and acknowledges that the ordinance may limit housing opportunities of the region, and further contains findings from which specific adverse impacts on the public health, safety, and welfare would result.
- Provides that a local agency may establish maximum and minimum unit size requirements for both attached and detached second units.
- 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 shall be utilized or imposed, except that a local agency may require an applicant for a permit to be an owner-occupant.
- Provides that parking requirements shall not exceed one parking space per unit or per bedroom, but that additional parking may be required with a finding that additional parking requirements are directly related to the use of the second unit and consistent with existing neighborhood standards.
FISCAL EFFECT: According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS:
- Background. ADUs, which are referred to in existing law as "second units,” are additional living quarters on single-family lots that are independent of the primary dwelling unit. Also known as accessory apartments, accessory dwellings, mother-in-law units, or granny flats, ADUs are either attached or detached to the primary dwelling unit, and provide complete independent living facilities for one or more persons. This includes permanent provisions for living, sleeping, eating, cooking, and sanitation.
In 2002, AB 1866 (Wright), Chapter 1062, Statutes of 2002, required local governments to use a ministerial process for approving ADUs, notwithstanding other laws that regulate the issuance of variances or special use permits. A local government may provide for the construction of ADUs by ordinance, and may designate areas where ADUs are allowed, as well as require standards for parking, setback, lot coverage, and maximum size. If a local government has not adopted an ordinance governing ADUs, it must grant a variance or special use permit for the creation of ADUs, if the unit complies with requirements specified in statute, including size and zoning restrictions.
- Author’s Statement. According to the author, “Accessory dwellings provide part of the solution to the housing crisis. They are the only source of housing that can be added within a year at an affordable price, in existing developed communities served by infrastructure consistent with SB 375, without public subsidy, and action by the State on a few issues will make this possible for tens of thousands of owners to immediately benefit and help their communities.
“ADUs – referred to in existing law as second units - are additional living quarters on single-family lots that are independent of the primary dwelling unit. These units are inherently affordable - costing as little as $10,000 to $200,000 or 50-90% less to build than conventional infill development. Under existing law, any property owner has the ability to construct an ADU on their property should they meet certain zoning and building requirements. However, a significant number of homeowners are prevented from constructing these units due to the layers of zoning and regulatory barriers such as lot size, setbacks, independent off-street parking, and costly duplicative fees. For example, most local agencies treat accessory dwellings like a “new development” and require sprinklers and new service fees that can double the cost of building the unit itself (adding fee costs of $10,000-75,000/unit) which unreasonably burdens owners trying to add this low-cost, green, infill form of housing.
“Despite the existence of the Second Unit Enabling Act amended and by AB 1866 (2003), studies at UC Berkeley and UCLA demonstrate that taken together many local agency zoning standards plus high fees prevent owners from creating an accessory dwelling, even within an existing structure that has been accepted by the neighborhood. Drawing a random sample of 10% of California’s 482 jurisdictions, a team from UC Berkeley found that most jurisdictions impose one or more of three main barriers to construction effectively preventing all but a small number of parcels from ever qualifying for an accessory dwelling regulations including minimum lot size, setbacks, and parking requirements. A similar study led by a team at UCLA found that Los Angeles County jurisdictions similarly had layered regulations that taken together preclude many owners from ever qualifying for a legal accessory dwelling.
“With these barriers to construction, homeowners, especially lower income homeowners who face dire family needs and potential foreclosure if they cannot share with family members or rent space in their homes, build accessory dwellings illegally. A recent study by UT-Austin Professor Jake Wegmann found that 55% of ALL NEW, the housing units produced in the Gateway Cities area of Southeast Los Angeles County between 1980 and 2010, were unpermitted illegal accessory dwellings. With regulations making it challenging to build legally, the study concluded that the majority of housing in the Gateway area is now produced illegally.
“The widespread existence of barriers preventing ADUs and the resulting frequency of illegal accessory dwellings documents the need for the State to intervene to ensure more and safer accessory dwellings. The State must intervene and eliminate barriers to accessory dwelling units which exist despite 14 years of State legislation that require local agencies to allow accessory dwellings. These barriers, including parking, fees, and zoning limits prevent homeowners from legally taking care of their families during times of economic difficulty, and prevent people with too much house from sharing a space on their property [with] those who have too little. The State must remove the most significant barriers and fees so that homeowners can create legal and safe accessory dwellings, inspected and approved under California’s rigorous building, fire, and safety codes and bring these onto the tax rolls as legal improved space.
- May Revise and Current Legislation on ADUs. According to the Governor’s 2016-17 May Revision:
The Administration is also supportive of other initiatives to increase housing supply where such initiatives do not create a state reimbursable mandate. This includes using inventory such as accessory dwelling units (additional living quarters on single‑family lots that are independent of the primary dwelling unit)….. Policies can increase the availability of accessory dwelling units with expanded ministerial approval, shortened permitting timelines, reduced duplicative fees, and relaxed parking requirements, consistent with the principles identified by SB 1069 (2016). The state can further increase supply by eliminating overly burdensome requirements for accessory dwelling units identified by AB 2299 (2016), such as passageways to public streets and setbacks of five feet from lot lines.
As mentioned above, there are several pending bills that aim to increase the availability of ADUs, including the following:
- AB 2299 (Bloom) requires every city and county, including charter cities, to adopt an ordinance that provides for the creation of second units and repeals the ability of local governments to enact ordinances banning second units. The bill requires the second unit ordinance to designate areas where second units are permitted; impose standards such as parking, lot coverage, setbacks, and architectural review; and, provide that second units do not exceed the allowable density for the lot upon which they are located. The ordinance cannot impose parking standards on second units that are located within:
(1) one-half mile of public transit or shopping, or (2) an historic district.
AB 2299 also prohibits local governments from requiring more than one parking space per unit or bedroom. If a garage, carport, or covered parking structure is demolished to build a second unit and the local agency requires those spaces to be replaced, the replacement spaces can be in any configuration on the lot, including as tandem spaces.
In addition, the bill allows local agencies to reduce or eliminate parking requirements for any second unit located within its jurisdiction.
AB 2299 prohibits local agencies from requiring second units to have a pathway clear to the sky between the second unit and a public street, and second units that are constructed above a garage on an alley cannot be required to have a setback of more than five feet. The bill deems second units to be accessory uses or accessory buildings, if they meet the statutory criteria in current law to automatically receive a variance or special use permit.
AB 2299 is currently pending in the Senate Governance and Finance Committee. - AB 2406 (Thurmond) allows local agencies to adopt an ordinance that authorizes the construction of “junior accessory dwelling units” of 500 square feet or less and includes standards that local agencies may adopt regarding those units. The bill is pending on the Senate Floor.
- Policy Considerations. The Committee may wish to consider the following.
- Local Agency Fees:
- Connection Fees and Capacity Charges. Water retailers and sanitation agencies levy connection fees to ensure that a new development pays for the costs that it imposes on the water system, such as to maintain water pressure for firefighting or expand wastewater treatment capacity. These fees are a key part of these agencies’ rate structures – monthly water and sewer bills do not entirely fund an agency’s operations. Opponents to the bill note that the cumulative impact of thousands of new units on a water or sewer system could create financial strains for those agencies, necessitating rate hikes on existing customers that have already paid their fair share of the water system’s costs.
- Local Agency Fees:
SB 1069 provides the following language:
Fees charged for the construction of accessory dwelling units shall be determined in accordance with Chapter 5 (commencing with Section 66000). Accessory dwelling units shall not be considered new residential uses for the purposes of calculating private or public utility connection fees, including water and sewer service.
Local agencies are authorized, pursuant to Government Code Section 66013 [Chapter 7: Fees for Specific Purposes], to impose fees for water connections or sewer connections, and impose capacity charges, but are prohibited from exceeding the “estimated reasonable cost of providing the service for which the fee or charge is imposed…”
Government Code Section 66013 is not referenced in the provisions of SB 1069.
- Constitutional Issues. The Association of California Water Agencies notes that “The state constitution and state law, namely Article XIII C, section 1 (e)(2), Article XIII D, section 6(b) and Government Code Section 66013, require that water and wastewater rates and charges be based on cost of service principles. Because of these requirements, an agency may not waive, discount, or establish differential rates that pass on costs associated with obtaining water and/or wastewater service to the general customer base or to other fee payers.”
The Committee may wish to consider whether charging some ADUs less for their capacity charges or connection fees could result in violating Proposition 26 (2010).
If a local agency’s connection fee or capacity charge is challenged, the agency may not be able to meet the burden of proof requirements specified in Prop. 26 – the local government bears the burden of proving by a preponderance of the evidence that a levy, charge, or other exaction is not a tax, that the amount is no more than necessary to cover the reasonable costs of the governmental activity, and that the manner in which those costs are allocated to a payor bear a fair and reasonable relationship to the payor’s burdens on, or benefits received from, the governmental activity.
- Mandate Disclaimer. The bill, in Section 7, contains a mandate disclaimer which specifies that no reimbursement is required by the bill because a local agency has the authority to levy service charges, fees, or assessment sufficient to pay for the program or level of service mandated by the bill. The Committee may wish to consider whether local agencies will have the authority to levy fees and charges that are sufficient to pay for the requirements in the bill, given the issues raised above.
- Impact on Existing Resources. According to the City of Roseville, in opposition to the bill, “the City is supportive of ADU, and has set aside areas in the last two adopted specific plan areas that allow second units by right. However, the location and number
of units allowed was carefully analyzed through the environmental review process and thoughtfully designed to ensure that the City allocated sufficient water supplies, and wastewater and other utility capacity. The plan also included a fiscal analysis to ensure that the City had sufficient funding to provide adequate police, fire, parks and recreation facilities and other services to serve project areas.”
Further, the City of Roseville notes that “As a full service city providing water, wastewater, recycled water, solid waste and electric services, we are concerned this measure could result in rate hikes to existing private and public utility customers…The City has secured a surface water allocation sufficient to serve the build out of the City based on a detailed analysis of potential units. If additional units were to be allowed by right, but not subjected to review and if they are not currently included in the City’s Urban Water Management Plan, it may impact existing residences especially in a drought situation.”
- Definitions. The American Planning Association, California Chapter, notes that it has a “Support, if amended” position on the bill and that “as written the bill doesn’t allow an ordinance to require parking to be proved if the ADU ‘is located within one-half mile of public transit or shopping.’ They ask that the bill be amended to remove “shopping” and better define “transit” by including the definition of a “major transit stop” as used in
AB 744 (Chau), Chapter 699, Statutes of 2015.
- Definitions. The American Planning Association, California Chapter, notes that it has a “Support, if amended” position on the bill and that “as written the bill doesn’t allow an ordinance to require parking to be proved if the ADU ‘is located within one-half mile of public transit or shopping.’ They ask that the bill be amended to remove “shopping” and better define “transit” by including the definition of a “major transit stop” as used in
- Arguments in Support. Supporters argue that ADUs are the only widely supported approach to get thousands of low cost units on the market fast and that ADUs provide lower cost and low-carbon footprint homes in existing neighborhoods consistent with architectural traditions, and that this bill would further simplify the process of ADU adoption for residents by reducing parking requirements and streamlining the permitting process.
- Arguments in Opposition. Opponents write that the bill removes any local land use flexibility, limits the public engagement process, could result in rate hikes to existing private and public utility customers, and that the cumulative impact of thousands of new units on a water or sewer system could create financial strains for utility agencies on existing customers who have already paid their fair share to be part of that system.
- Double-Referral. This bill was heard in the Housing & Community Development Committee on June 15, 2016, and passed with a 6-0 vote.
REGISTERED SUPPORT / OPPOSITION:
Support
Bay Area Council [SPONSOR]
BRIDGE Housing
American Planning Association, California Chapter (if amended)
AARP
BIA Bay Area
BHV CenterStreet Properties
Bishop Ranch
Blue Shield of California
CalChamber
California Association of Realtors
California Building Industry Association
California Council for Affordable Housing
California Housing Consortium
California Renters Legal Advocacy & Education Fund
California Rural Legal Assistance Foundation
California School Employees Association
Center for Creative Land Recycling
Chase Communications
City of Berkeley, Los Angeles, Oakland
City and County of San Francisco
Colliers International
Comcast
Cushman & Wakefield
East Bay Leadership Council
Eden Housing
Emerald Fund
Greenbelt Alliance
Greenberg Traurig LLP
Hallisey & Johnson Law
Hanson Bridgett
HKS Architects
Housing Trust Silicon Valley
Jenifer Hernandez
Kaiser Permanente
Joint Venture Silicon Valley
LA-Más
Lenny, Mendonca, McKinsey & Company
Lilypad Homes
Local Government Commission
MacKenzie Communications, Inc.
Main Street Property Services
LA-Mas
Lennar Urban
Los Angeles Chamber of Commerce
Support (continued)
Manatt, Phelps & Phillips LLP
Marvell
Montezuma Wetlands LLC
Nehemiah Corporation of America
New Avenue Homes
Nossaman LLP
NHA Advisors
Nibbi Brothers Construction
Non-profit Housing Association of Northern California
North Bay Leadership Council
North Lake Tahoe Resort Association
Natural Resources Defense Council
Orange County Business Council
Pier 39
Planning and Conservation League
Plant Construction Company, L.P.
Plumbing-Heating-Cooling Contractors Association
Polaris Pacific
Radiant Brands
Read Investments
Redondo Beach Chamber of Commerce
Reuben, Junius & Rose, LLP
Rhoades Planning Group
Richard Rosenberg
San Francisco Chamber of Commerce
San Francisco Housing Action Coalition
San Mateo County Economic Development Association
SARES.REGIS Group
Silicon Valley Leadership Group
SPUR
SV Angel
SV@Home
Technology Credit Union
Terner Center for Housing Innovation
The Home Depot
The Two Hundred
TMG Partners
United Parcel Service
Virgin America
WEBCORBUILDERS
Western Center on Law and Poverty
Individual letters (3)
Opposition
Association of California Water Agencies
California State Association of Counties
Dublin San Ramon Services District
Cities of:
Angels Camp, Brentwood, Burbank, Cerritos, Clearlake, Cloverdale, Commerce, Camarillo, Daly City, Dublin, Goleta, Laguna Hills, Lake Forest, Lakeport, Lakewood, La Mirada, Lodi, Los Banos, Manteca, Merced, Mill Valley, Morena Valley, Rancho Cucamonga, Rancho Palos Verdes, Redding, Riverbank, Roseville, Placerville, San Carlos, San Clemente, San Rafael, South Gate, Sunnyvale, Tehama, Thousand Oaks, Torrance
League of California Cities
Ventura Council of Governments
Analysis Prepared by: Debbie Michel / L. GOV. / (916) 319-3958
Date of Hearing: June 15, 2016
ASSEMBLY COMMITTEE ON HOUSING AND COMMUNITY DEVELOPMENT
David Chiu, Chair
SBPCA Bill Id:SB 1069
Author:(Wieckowski) – As Amended Ver:April 26, 2016
SENATE VOTE: 29-3
SUBJECT: Land use: zoning
SUMMARY: Establishes required components and maximum standards for local ordinances that permit accessory dwelling units (ADUs), and revises requirements for the approval or disapproval of an ADU application when a local agency has not adopted an ordinance.
Specifically, this bill:
- Makes legislative findings and declarations regarding the importance of ADUs as an essential element of the state's housing supply.
- Replaces “second units” with “ADUs" throughout the chapter.
- Requires a local agency, in its ADU ordinance, to do the following:
- Designate areas within the jurisdiction where ADUs may be permitted, which may be based upon criteria including but not limited to the adequacy of water and sewer services and the impact of ADUs on traffic flow and public safety.
- Impose standards on ADUs including but not limited to parking, height, setback, lot coverage, architectural review, and maximum size of the unit. A local agency may not impose parking standards in the following instances:
- The ADU is located within ½ mile of public transit or shopping;
- The ADU is located within an architecturally and historically significant historic district;
- The ADU is part of an existing primary residence;
- When on-street parking permits are required, but not offered to the occupant of the ADU; or
- When there is a car-share vehicle located within one block of the ADU.
- Provide that ADUs do not exceed the allowable density for the lot upon which the second unit is located, and that the ADU is consistent with the existing general plan and zoning designation for the lot.
- Requires a local agency with an ADU ordinance to consider permits within 90 days of submittal of a complete building permit application.
- Provides that a local agency that has not adopted an ADU ordinance shall approve or disapprove a permit application ministerially without discretionary review, unless it adopts an ordinance within 90 days after receiving the application.
- Requires a local agency that has not adopted an ADU ordinance to ministerially approve the creation of an ADU if the ADU meets the following requirements:
- The unit is not intended for sale separate from the primary residence and may be rented.
- The lot is zoned for single-family or multifamily use.
- The lot contains an existing single-family dwelling.
- The ADU is either attached to the existing dwelling and located within the living area of the existing dwelling or detached and located on the same lot as the existing dwelling.
- The increased floor area of an attached ADU shall not exceed 50% of the existing living area.
- The total area floor space of the ADU shall not exceed 1,200 square feet.
- 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.
- Local building code requirements, that apply to detached dwellings as appropriate.
- Approved by the local health officer where a private sewage disposal system is being used.
- Removes the exemption for a local agency to adopt an ADU ordinance upon findings 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 would result.
- Provides that a local agency may establish maximum and minimum unit size requirements for both attached and detached ADUs, however no maximum or minimum size for an ADU, or size based upon a percentage of the existing dwelling unit, shall be established by ordinance for either attached or detached dwellings that does not permit at least a 500-foot ADU or a 500-foot efficiency unit to be constructed in compliance with local development standards.
- Provides that no additional standards, other than those in this section, shall be utilized or imposed to evaluate proposed ADUs, except that a local agency may require an applicant for a permit to be an owner-occupant or that the property be used for rentals of terms longer than 30 days.
- Removes the provision permitting additional parking upon a finding that additional parking is required related to the use of the ADU and consistent with existing neighborhood standards.
- States that parking requirements may be provided as tandem parking in an existing driveway.
- Provides that offstreet parking must 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 fire and life safety conditions.
- Requires ministerial approval by a local agency for a building permit to create an ADU if the ADU is contained within an existing single-family home, has independent exterior access from the existing residence, and the side and rear setbacks are sufficient for fire safety. ADUs shall not be required to provide fire sprinklers if they are not required for the primary residence.
- Provides that ADUs shall not be considered new residential uses for the purposes of calculating private or public utility connection fees, including water and sewer service.
- Provides that no reimbursement is required 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.
EXISTING LAW:
- Defines “second unit” as an attached or a detached residential dwelling unit, which provides complete independent living facilities for one or more persons.
- Provides that a second unit must include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family dwelling is situated.
- Permits a local agency, by ordinance, to provide for the creation of second units in single-family and multifamily residential zones as specified.
- Requires, if a local agency adopts a second-unit ordinance, that applications be considered ministerially without discretionary review or a hearing. Additionally, nothing may be construed to require a local government to adopt or amend an ordinance regulating the issuance of variances or special-use permits for second units.
- Requires a local agency that has not adopted a second-unit ordinance to accept and approve or disapprove the application ministerially, without discretionary review or hearing, within 120 days after receiving the application. Requires every local agency to grant a variance or special permit for the creation of a second unit if the second unit complies with all of the following:
- The unit is not intended for sale and may be rented.
- The lot is zoned for single-family or multifamily use.
- The lot contains an existing single-family dwelling.
- The second unit is either attached to the existing dwelling and located within the living area of the existing dwelling or detached and located on the same lot as the existing dwelling.
- The increased floor area of an attached second unit shall not exceed 30% of the existing living area.
- The total area floor space shall not exceed 1,200 square feet.
- 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.
- Local building code requirements that apply to detached dwellings.
- The unit is approved by the local health officer where a private sewage disposal system is being used.
- Provides that no local agency may adopt an ordinance that totally precludes second units unless the ordinance contains findings and acknowledges 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 would result.
- Provides that a local agency may establish maximum and minimum unit size requirements for both attached and detached second units.
- 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 shall be utilized or imposed, except that a local agency may require an applicant for a permit to be an owner-occupant.
- Provides that parking requirements shall not exceed one parking space per unit or per bedroom, but that additional parking may be required with a finding that additional parking requirements are directly related to the use of the second unit and consistent with existing neighborhood standards. (Government Code Section 65852.2)
FISCAL EFFECT: According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS:
Background: ADUs, which are referred to in existing law as "second units", are additional living quarters on single-family lots that are independent of the primary dwelling unit. Also known as accessory apartments, accessory dwellings, mother-in-law units, or granny flats, ADUs are either attached or detached to the primary dwelling unit, and provide complete independent living facilities for one or more person. This includes permanent provisions for living, sleeping, eating, cooking, and sanitation.
In 2002, AB 1866 (Wright) (Chapter 1062, Statutes of 2002), required local governments to use a ministerial process for approving ADUs, notwithstanding other laws that regulate the issuance of variances or special use permits. A local government may provide for the construction of ADUs by ordinance, and may designate areas where ADUs are allowed, as well as require standards for parking, setback, lot coverage, and maximum size. If a local government has not adopted an ordinance governing ADUs, it must grant a variance or special use permit for the creation of ADUs if the unit complies with requirements specified in statute, including size and zoning restrictions.
UC Berkeley ADU study: According to a UC Berkeley study, Yes in My Backyard: Mobilizing the Market for Secondary Units by Karen Chapple, second units are a means to accommodate future growth and encourage infill development in developed neighborhoods. The study, which evaluated five adjacent cities in the East Bay, concluded that there is substantial market of interested homeowners; cities could reduce parking requirements without contributing to parking issues; second units could accommodate future growth and affordable housing; and that scaling up second unit strategy could mean economic and fiscal benefits for cities.
Despite existing state law, which requires each city in the state to have a ministerial process for approving second units, the study found that local regulations often impede development. Easing these burdens to permit more ADUs could permit a family to rent out the unit (about 49% of the units) or provide housing for a family member (about 51% of the units). In fact, the study found that the average second unit was advertised at a rental rate that makes it affordable to a household earning 62% of the area median income.
This bill implements several policy recommendations from this study by easing the most significant barriers to the construction and permitting of ADUs. These changes include:
- Provides alternatives and exceptions to parking requirements, such as the case of an ADU located near public transit or if the ADU is part of an existing dwelling.
- Shortens the review period of an application for an ADU building permit from 120 days to 90 days.
- Increases the size of an ADU from 30% of the existing dwelling to 50%.
- Removes the ability for a local agency to adopt an ordinance that completely precludes the construction of ADUs.
- Requires ministerial approval of an ADU contained within an existing single-family home that has independent access from the existing residence and has rear and side setbacks sufficient for fire safety, and removes the requirement for an ADU to have fire sprinklers if they were not required for the primary residence.
- Allows a local agency to require an applicant for a permit to be an owner-occupant or that the property be used for rentals of terms longer than 30 days.
Need for this bill: According to the author,
"In a 2015 Legislative Analyst’s Office report, the Legislature was advised to facilitate the development of significantly more private homes and apartments in California. The lack of housing in California has caused a crisis harming communities and families throughout the state. The average California home currently costs about two and half times the national average home price. A person earning minimum wage must work three full-time jobs in order to afford a two-bedroom unit. In California’s more heavily populated metropolitan areas, a minimum wage worker would have to pick up a fourth and fifth job to afford the same two-bedroom unit. Throughout the state, the bottom 25% of income earners spends 67% of their income on housing. The high cost of housing is one of the biggest drivers of institutional and generational poverty cycles and will not be resolved until more housing can be developed, especially close to jobs and schools which is consistent with State SB 375 Climate Change Planning Goals. The Legislative Analyst's Office has advised that it is imperative the Legislature facilitate the development of significantly more housing to address the affordability crisis.
"Accessory dwellings provide part of the solution to the housing crisis. They are the only source of housing that can be added within a year at an affordable price, in existing developed communities served by infrastructure consistent with SB 375, without public subsidy, and action by the State on a few issues will make this possible for tens of thousands of owners to immediately benefit and help their communities. The importance of ADUs as a critical source of infill housing and the barriers preventing them have been documented in studies from UC Berkeley and UCLA including Yes in My Backyard by Karen Chapple.
"SB 1069 proposes a common-sense, cost-effective approach that will allow homeowners to share empty rooms in their homes and property, add incomes to meet family budgets, improve the safety of accessory dwellings, and make good use of existing infill property across California while easing the housing crisis. The Governor supported the bill on page 52 of the May Revision of the 2016 Budget, stating that this bill will increase the state’s housing supply without creating a state reimbursable mandate."
Arguments in support:
Supporters point out that ADUs are one of the only widely supported approaches to get thousands of low cost units on the market fast. They point to studies indicating ADUs cost less to build and rent for less than new market rate housing, thus providing lower cost and low-carbon footprint homes in existing neighborhoods consistent with architectural traditions. The Planning and Conservation League states that building small units on existing residential lots uses land efficiently, and "second-unit residents are more likely to live without a car than the overall population living near transit." Supporters also point out that some cities have already approved legislation to facilitate the development of ADUs, including Berkeley, Oakland, San Francisco and Santa Cruz, and that Massachusetts and Hawaii are considering similar legislation.
Arguments in opposition:
Opponents argue that the bill is so prescriptive that it removes any local land use flexibility and limits the public engagement process in regards to ADUs. Some opponents take issue with prohibiting a local government from imposing parking standards when an ADU is within ½ mile of "public transit". The California Association of Counties (CSAC), which has an oppose unless amended position, suggests, among other things, amending the bill "so that it precludes parking requirements when a second unit is being constructed within half a mile of a high-quality transit stop. It is unreasonable to assume that potential tenants will not need adequate parking that does not impact the existing surrounding community if he/she does not have access to robust transit options."
Opponents also point out that, since the bill prohibits an ADU from being considered a new residential unit for purposes of calculating utility connection fees, it could result in rate hikes to existing utility customers. The cumulative impact of these new units on a water or sewer system could create financial strains for utility agencies, which could result in rate hikes on existing customers.
Staff comment: Under the current version of this bill, ADUs cannot be considered new residential uses for the purposes of calculating private or public utility connection fees. According to the author, the intent of this provision is not to prohibit any utility fees from being charged on ADUs. Rather, it is to ensure that "some utility and hook-up fees can be charged provided that these are calibrated to reflect the actual impact of an accessory dwelling on an existing lot that already has utility service, landscaping, and a primary dwelling."
The author states that "many ADUs can be constructed by connecting to existing utilities and will not result in total occupancy greater than the designed density of an otherwise under-occupied single family home. The bill allows local homeowners to hook up to existing utilities directly with meters should they choose to do so in which case they would pay for the hookup. When fees are charged to ADUs for utility connections, the bill does not allow accessory dwellings to be charged fees as if they were an entirely new land use (like a new home on a new lot). The bill does allow fees to be charged which are reasonably related to the impact of the ADU on utility services."
The Committee may wish to consider amending this provision to better reflect the author's intent.
This bill and AB 2299: AB 2299 (Bloom), which has been referred to the Senate Committee on Transportation and Housing and the Senate Committee on Governance, requires cities to adopt ordinances for the creation of second units, and prohibits those ordinances from imposing parking standards when the second unit is within 1/2 mile of a shopping or transit center, or is within a historic district. It also makes changes to setback and replacement parking provisions. In comparison, SB 1069 does not require cities to adopt an ADU ordinance, but does prohibit cities from imposing parking standards for ADUs that meet certain requirements. This bill also does not include the setback or replacement parking provisions found in AB 2299, but makes several other changes to ADU standards. Both bills repeal a local government's ability to prohibit second units. The Committee may wish to consider how these bills will interact should both become law.
Committee amendment:
According to the author, the intent of this bill is to prohibit a local government, regardless of whether it has adopted an ordinance that provides for the creation of ADUs, from imposing parking standards on ADUs in the following instances:
i) The ADU is located within ½ mile of public transit or shopping;
ii) The ADU is located within an architecturally and historically significant historic district;
iii) The ADU is part of an existing primary residence;
iv) When on-street parking permits are required, but not offered to the occupant of the accessory dwelling unit; or
v) When there is a car-share vehicle located within one block of the ADU.
The Committee may wish to consider making an amendment that will clarify the above provision applies to all local governments, regardless of whether an ordinance providing for the creation of ADUs has been adopted.
Related legislation:
AB 2299 (Bloom): Would require, rather than permit, a local government to adopt an ordinance for the creation of second units in single-family and multifamily residential zones. Would restrict the standards local governments may impose on second units by prohibiting imposition of parking requirements on second units within a half-mile of transit, shopping, or within a historic district, constraining the setbacks that local governments may require, and repealing ability to prohibit second units. This bill has been referred to the Senate Committee on Transportation and Housing and the Senate Committee on Governance and Finance.
AB 2406 (Thurmond): Would allow local agencies to adopt an ordinance that authorizes the construction of “junior accessory dwelling units” of 500 square feet or less and includes standards that local agencies may adopt regarding those units. This bill is in the Senate Committee on Transportation and Housing pending hearing.
Double referred: If SB 1069 passes this committee, the bill will be referred to the Committee on Local Government.
REGISTERED SUPPORT / OPPOSITION:
Support
Bay Area Council (sponsor)
AARP
American Planning Association of California (if amended)
Bay Area Building Industry Association
BHV CenterStreet Properties, Inc.
Bishop Ranch
Blue Shield of California
Bridge Housing
California Association of Realtors
California Building Industry Association
California Chamber of Commerce
California Council for Affordable Housing
California Housing Consortium
California Renters Legal Advocacy & Education Fund
California Rural Legal Assistance Foundation
Center for Creative Land Recycling
Chase Communications
City and County of San Francisco
City of Berkeley
City of Los Angeles
City of Oakland
Colliers International
Comcast
Cushman & Wakefield
East Bay Leadership Council
Eden Housing
Emerald Fund
Greenbelt Alliance
Greenberg Traurig
Hallisey and Johnson Law
Hanson Bridgett
HKS Architects
Housing Trust Silicon Valley
Individuals (1)
Jennifer Hernández, Holland & Knight
Joint Venture Silicon Valley Network
Karen Chappelle, Professor, College of Environmental Design, City and Regional Planning, UC Berkeley
LA-Más
Lennar Urban
Lenny, Mendonca, McKinsey & Company
Lilypad Homes
Local Government Control Commission
Los Angeles Area Chamber of Commerce
MacKenzie Communications, Inc.
Main Street Property Services
Manatt, Phelps & Phillips LLP
Marvell
Montezuma Wetlands, LLC
Nehemiah Corporation of America
New Avenue Homes
NHA Advisors
Nibbi
Nonprofit Housing Association of California
North Bay Leadership Council
Nossaman LLP
Oakland Chamber of Commerce
Orange County Business Council
Paavo Monkkonen Ph.D., Department of Urban Planning, UCLA
Pier 39
Planning and Conservation League
PLANT Construction Company, L.P.
Polaris Pacific
Radiant Brands
Read Investments
Redondo Beach Chamber of Commerce
Reuben, Junius & Rose, LLP
Rhoades Planning Group
Richard Rosenberg, Chairman and CEO (RET.) Bank of America
San Francisco Chamber of Commerce
San Francisco Housing Action Coalition
San Mateo County Economic Development Association
SARES, REGIS Group
Silicon Valley Leadership Group
SPUR
SV@Home
SVAngel
TechCU
The Home Depot
The Two Hundred
TMG Partners
Turner Center for Housing Innovation, UC Berkeley
United Parcel Service
Virgin America
Webcor Builders
Western Center on Law & Poverty
Opposition
Association of California Water Agencies
California State Association of Counties (unless amended)
City of Angels Camp
City of Brentwood
City of Burbank
City of Camarillo
City of Clearlake
City of Cloverdale
City of Commerce
City of Daly City
City of Dublin
City of Goleta
City of La Miranda
City of Laguna Hills
City of Lakeport
City of Lakewood
City of Lodi
City of Los Banos
City of Manteca
City of Merced
City of Mill Valley
City of Placerville
City of Rancho Cucamonga
City of Rancho Palo Verdes
City of Redding
City of Riverbank
City of Roseville
City of San Carlos
City of San Clemente
City of San Rafael
City of South Gate
City of Sunnyvale
City of Tehama
City of Thousand Oaks
City of Torrance
League of California Cities
Ventura Council of Governments
Analysis Prepared by: Rebecca Rabovsky / H. & C.D. / (916) 319-2085
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB |
THIRD READING
Bill No: SB 1069
:
SENATE TRANS. & HOUSING COMMITTEE: 10-1, 4/19/16
AYES: Beall, Cannella, Allen, Gaines, Galgiani, Leyva, McGuire, Mendoza, Roth, Wieckowski
NOES: Bates
SENATE GOVERNANCE & FIN. COMMITTEE: 6-0, 4/20/16
AYES: Hertzberg, Nguyen, Beall, Hernandez, Lara, Moorlach
NO VOTE RECORDED: Pavley
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
DIGEST: This bill requires an ordinance for the creation of accessory dwelling units (ADUs) to include specified provisions regarding areas where ADUs may be located, standards, and lot density. This bill revises requirements for the approval or disapproval of an ADU application when a local agency has not adopted an ordinance.
Existing law:
- Defines “second unit” as 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. Permits a local agency, by ordinance, to provide for the creation of second units in single-family and multifamily residential zones as specified.
- Requires, if a local agency adopts a second-unit ordinance, that applications be considered ministerially without discretionary review or a hearing. Additionally, nothing may be construed to require a local government to adopt or amend an ordinance regulating the issuance of variances or special-use permits for second units.
- Requires a local agency that has not adopted a second-unit ordinance to accept and approve or disapprove the application ministerially, without discretionary review or hearing, within 120 days after receiving the application.
- Requires every local agency to grant a variance or special permit for the creation of a second unit if the second unit complies with all of the following:
- The unit is not intended for sale and may be rented.
- The lot is zoned for single-family or multifamily use.
- The lot contains an existing single-family dwelling.
- The second unit is either attached to the existing dwelling and located within the living area of the existing dwelling or detached and located on the same lot as the existing dwelling.
- The increased floor area of an attached second unit shall not exceed 30% of the existing living area.
- The total area floor space shall not exceed 1,200 square feet.
- Requirements applicable to residential construction in the zone in which the property is located.
- Local building code requirements that apply to detached dwellings.
- The unit is approved by the local health officer where a private sewage disposal system is being used.
- Provides that no local agency may adopt an ordinance that totally precludes second units unless the ordinance contains findings and acknowledges 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 would result.
- Provides that a local agency may establish maximum and minimum unit size requirements for both attached and detached second units. 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 shall be utilized or imposed, except that a local agency may require an applicant for a permit to be an owner-occupant. Provides that parking requirements shall not exceed one parking space per unit or per bedroom, but that additional parking may be required with a finding that additional parking requirements are directly related to the use of the second unit and consistent with existing neighborhood standards.
This bill:
- Replaces “second units” with “accessory dwelling units” (ADUs) throughout the chapter.
- Requires a local agency, in its ADU ordinance, to do the following:
- Designate areas within the jurisdiction where ADUs may be permitted, which may be based upon criteria including but not limited to the adequacy of water and sewer services and the impact of ADUs on traffic flow and public safety.
- Impose standards on ADUs including but not limited to parking, height, setback, lot coverage, architectural review, and maximum size of the unit. Notwithstanding parking restrictions under this chapter, a local agency may not impose parking standards in the following instances:
- The ADU is located within ½ mile of public transit or shopping
- The ADU is located within an architecturally and historically significant historic district
- The ADU is part of an existing primary residence
- When on-street parking permits are required, but not offered to the occupant of the accessory dwelling unit
- When there is a car-share vehicle located within one block of the ADU
- Provide that second units do not exceed the allowable density for the lot upon which the second unit is located, and that the second unit is consistent with the existing general plan and zoning designation for the lot.
- Requires a local agency with an ADU ordinance to consider permits within 90 days of submittal of a complete building permit application.
- Provides that a local agency that has not adopted an ADU ordinance, upon receipt of its first application shall accept or disapprove the application ministerially without discretionary review, unless it adopts an ordinance in accordance with this chapter within 90 days after receiving the application.
- Requires a local agency that has not adopted an ADU ordinance to approve the creation of an ADU if the ADU meets the following requirements:
- The unit is not intended for sale separate from the primary residence and may be rented.
- The lot is zoned for single-family or multifamily use.
- The lot contains an existing single-family dwelling.
- The ADU is either attached to the existing dwelling and located within the living area of the existing dwelling or detached and located on the same lot as the existing dwelling.
- The increased floor area of an attached ADU shall not exceed 50% of the existing living area.
- The total area floor space of the ADU shall not exceed 1,200 square feet.
- Requirements applicable to residential construction in the zone in which the property is located.
- Local building code requirements, which apply to detached dwellings as appropriate.
- Approved by the local health officer where a private sewage disposal system is being used.
- Removes the exemption for a local agency to adopt an ADU upon findings 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 would result.
- Provides that a local agency may establish maximum and minimum unit size requirements for both attached and detached ADUs. No maximum or minimum size for an ADU, or size based upon a percentage of the existing dwelling unit, shall be established by ordinance for either attached or detached dwellings that does not permit at least a 500-foot ADU or a 500-foot efficiency unit to be constructed in compliance with local development standards. ADUs shall not be required to provide fire sprinklers if they are not required for the primary residence.
- 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 shall be utilized or imposed, except that a local agency may require an applicant for a permit to be an owner-occupant or that the property be used for rentals or terms longer than 30 days.
- Removes the provision permitting additional parking upon a finding that additional parking is required related to the use of the ADU and consistent with existing neighborhood standards. Parking may be provided, however, as tandem parking in an existing driveway. 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 fire and life safety conditions.
- Requires ministerial approval by a local agency for a building permit to create an ADU if the ADU is contained within an existing single-family home, has independent exterior access from the existing residence, and the side and rear setbacks are sufficient for fire safety. ADUs shall not be required to provide fire sprinklers if they are not required for the primary residence.
- Provides that ADUs shall not be considered new residential uses for the purposes of calculating private or public utility connection fees, including water and sewer service.
Comments
Purpose. According to the author, housing in California is becoming increasingly unaffordable. The average California home currently costs about 2.5 times the national average home price and the monthly rent is 50% higher than the rest of the nation. Rent in San Francisco, San Jose, Oakland, and Los Angeles are among the top 10 most unaffordable in the nation. With rising population growth, California must not only provide housing but also ensure affordability. While existing law enables accessory dwellings as a source of housing, recent studies show that local standards, perhaps unintentionally, prevent homeowners from building ADUs with standards like lot coverage, large set-backs, off-street parking, or costly construction requirements.
Eliminating barriers to ADU construction is a common-sense, cost-effective approach that will permit homeowners to share empty rooms in their homes and property, add incomes to meet family budgets, and make good use of the property in the Bay Area and across California while easing the housing crisis. SB 1069 approaches the housing crisis by easing regulatory barriers for homeowners who choose to build affordable housing in their own backyards.
What are ADUs? ADUs, also known as accessory apartments, accessory dwellings, mother-in-law units, or granny flats, are additional living spaces on single-family lots that have a separate kitchen, bathroom, and exterior access independent of the primary residence. These spaces can either be attached to or detached from the primary residence.
Relaxing ADU requirements. According to a UC Berkeley study, Yes in My Backyard: Mobilizing the Market for Secondary Units, second units are a means to accommodate future growth and encourage infill development in developed neighborhoods. Despite existing state law, which requires each city in the state to have a ministerial process for approving second units, the study found that local regulations often impede development. Easing these burdens to permit more ADUs could permit a family to rent out the unit (about 49% of the units) or provide housing for a family member (about 51% of the units). In fact, the study found that the average second unit was advertised at a rental rate that makes it affordable to a household earning 62% of the area median income. About 30% were affordable to households in the very low-income category, and that 49% were in the low-income category. The study, which evaluated five adjacent cities in the East Bay, concluded that there is a substantial market of interested homeowners; cities could reduce parking requirements without contributing to parking issues; second units could accommodate future growth and affordable housing; and that scaling up second-unit strategy could mean economic and fiscal benefits for cities.
Home rule. Local governments must balance competing priorities when determining the conditions attached to the development of accessory dwelling units. Cities must look at the potential impacts on the community that result from these units: impaired neighborhood character, spillover effects on nearby homes and businesses due to inadequate parking, and loss of privacy for existing homeowners. Some local governments have adopted more involved processes for permitting second units to allow for consideration of these important factors. SB 1069 would prevent local governments from considering these impacts by requiring ministerial permits for many accessory dwelling units. Without some discretion, elected local leaders will be unable to weigh the tradeoffs between enhanced density that accessory dwelling units may provide and any community problems they create.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
Bay Area Council (source)
AARP
Abode Services
American Planning Association – California Chapter
BHV Center Street Properties, Inc.
Bishop Ranch
Blue Shield of California
Bridge Housing
Building Industry Association – Bay Area
California Association of Realtors
California Building Industry Association
California Chamber of Commerce
California Housing Consortium
California Infill Federation
California Renters Legal Advocacy & Education Fund
Center for Creative Land Recycling
Chase Communications
Colliers International
Comcast
Cushman & Wakefield
East Bay Leadership Council
Eden Housing
Emerald Fund
Greenbelt Alliance
Hanson Bridgett
HKS
The Home Depot
Housing Trust Silicon Valley
Joint Venture —Silicon Valley Network
Junius & Rose, LLP
Kaiser Permanente
LA-Ms
Lennar Urban
Lily Pad Homes
MacKenzie Communications, Inc.
Main Street Property Services
Manatt
Marvell
McKinsey & Company
Natural Resources Defense Council
Nehemiah Corporation of America
New Avenue
Nibbi
Non-Profit Housing Association of Northern California
North Bay Leadership Council
Orange County Business Council
Pier 39
PLANT
Plumbing, Heating and Cooling Contractors
Polaris Pacific
Reuben, Junius & Rose, LLP
Rhodes Planning Group
San Francisco Chamber of Commerce
San Francisco Housing Action Coalition
San Mateo County Economic Development Association
Sares Regis Homes
Scott Weiner, Supervisor — District 8, San Francisco
SPUR
Summer Hill Housing Group
SVAngel
SV@Home
Technology Credit Union
Terner Center for Housing Innovation
TMG Partners
The Two Hundred
UC Berkeley – College of Environmental Design
UPS
Virgin America
Webcor Builders
Western Center on Law and Poverty
OPPOSITION: (Verified 5/16/16)
Association of California Water Agencies
California State Association of Counties
Cities of Angels Camp, Cloverdale, Daly City, Lakewood, and Merced
League of California Cities
Ventura Council of Governments
5/16/16 10:12:38
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB |
THIRD READING
Bill No: SB 1069
:
SENATE TRANS. & HOUSING COMMITTEE: 10-1, 4/19/16
AYES: Beall, Cannella, Allen, Gaines, Galgiani, Leyva, McGuire, Mendoza, Roth, Wieckowski
NOES: Bates
SENATE GOVERNANCE & FIN. COMMITTEE: 6-0, 4/20/16
AYES: Hertzberg, Nguyen, Beall, Hernandez, Lara, Moorlach
NO VOTE RECORDED: Pavley
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
DIGEST: This bill requires an ordinance for the creation of accessory dwelling units (ADUs) to include specified provisions regarding areas where ADUs may be located, standards, and lot density. This bill revises requirements for the approval or disapproval of an ADU application when a local agency has not adopted an ordinance.
Existing law:
- Defines “second unit” as 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. Permits a local agency, by ordinance, to provide for the creation of second units in single-family and multifamily residential zones as specified.
- Requires, if a local agency adopts a second-unit ordinance, that applications be considered ministerially without discretionary review or a hearing. Additionally, nothing may be construed to require a local government to adopt or amend an ordinance regulating the issuance of variances or special-use permits for second units.
- Requires a local agency that has not adopted a second-unit ordinance to accept and approve or disapprove the application ministerially, without discretionary review or hearing, within 120 days after receiving the application.
- Requires every local agency to grant a variance or special permit for the creation of a second unit if the second unit complies with all of the following:
- The unit is not intended for sale and may be rented.
- The lot is zoned for single-family or multifamily use.
- The lot contains an existing single-family dwelling.
- The second unit is either attached to the existing dwelling and located within the living area of the existing dwelling or detached and located on the same lot as the existing dwelling.
- The increased floor area of an attached second unit shall not exceed 30% of the existing living area.
- The total area floor space shall not exceed 1,200 square feet.
- Requirements applicable to residential construction in the zone in which the property is located.
- Local building code requirements that apply to detached dwellings.
- The unit is approved by the local health officer where a private sewage disposal system is being used.
- Provides that no local agency may adopt an ordinance that totally precludes second units unless the ordinance contains findings and acknowledges 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 would result.
- Provides that a local agency may establish maximum and minimum unit size requirements for both attached and detached second units. 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 shall be utilized or imposed, except that a local agency may require an applicant for a permit to be an owner-occupant. Provides that parking requirements shall not exceed one parking space per unit or per bedroom, but that additional parking may be required with a finding that additional parking requirements are directly related to the use of the second unit and consistent with existing neighborhood standards.
This bill:
- Replaces “second units” with “accessory dwelling units” (ADUs) throughout the chapter.
- Requires a local agency, in its ADU ordinance, to do the following:
- Designate areas within the jurisdiction where ADUs may be permitted, which may be based upon criteria including but not limited to the adequacy of water and sewer services and the impact of ADUs on traffic flow and public safety.
- Impose standards on ADUs including but not limited to parking, height, setback, lot coverage, architectural review, and maximum size of the unit. Notwithstanding parking restrictions under this chapter, a local agency may not impose parking standards in the following instances:
- The ADU is located within ½ mile of public transit or shopping
- The ADU is located within an architecturally and historically significant historic district
- The ADU is part of an existing primary residence
- When on-street parking permits are required, but not offered to the occupant of the accessory dwelling unit
- When there is a car-share vehicle located within one block of the ADU
- Provide that second units do not exceed the allowable density for the lot upon which the second unit is located, and that the second unit is consistent with the existing general plan and zoning designation for the lot.
- Requires a local agency with an ADU ordinance to consider permits within 90 days of submittal of a complete building permit application.
- Provides that a local agency that has not adopted an ADU ordinance, upon receipt of its first application shall accept or disapprove the application ministerially without discretionary review, unless it adopts an ordinance in accordance with this chapter within 90 days after receiving the application.
- Requires a local agency that has not adopted an ADU ordinance to approve the creation of an ADU if the ADU meets the following requirements:
- The unit is not intended for sale separate from the primary residence and may be rented.
- The lot is zoned for single-family or multifamily use.
- The lot contains an existing single-family dwelling.
- The ADU is either attached to the existing dwelling and located within the living area of the existing dwelling or detached and located on the same lot as the existing dwelling.
- The increased floor area of an attached ADU shall not exceed 50% of the existing living area.
- The total area floor space of the ADU shall not exceed 1,200 square feet.
- Requirements applicable to residential construction in the zone in which the property is located.
- Local building code requirements, which apply to detached dwellings as appropriate.
- Approved by the local health officer where a private sewage disposal system is being used.
- Removes the exemption for a local agency to adopt an ADU upon findings 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 would result.
- Provides that a local agency may establish maximum and minimum unit size requirements for both attached and detached ADUs. No maximum or minimum size for an ADU, or size based upon a percentage of the existing dwelling unit, shall be established by ordinance for either attached or detached dwellings that does not permit at least a 500-foot ADU or a 500-foot efficiency unit to be constructed in compliance with local development standards. ADUs shall not be required to provide fire sprinklers if they are not required for the primary residence.
- 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 shall be utilized or imposed, except that a local agency may require an applicant for a permit to be an owner-occupant or that the property be used for rentals or terms longer than 30 days.
- Removes the provision permitting additional parking upon a finding that additional parking is required related to the use of the ADU and consistent with existing neighborhood standards. Parking may be provided, however, as tandem parking in an existing driveway. 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 fire and life safety conditions.
- Requires ministerial approval by a local agency for a building permit to create an ADU if the ADU is contained within an existing single-family home, has independent exterior access from the existing residence, and the side and rear setbacks are sufficient for fire safety. ADUs shall not be required to provide fire sprinklers if they are not required for the primary residence.
- Provides that ADUs shall not be considered new residential uses for the purposes of calculating private or public utility connection fees, including water and sewer service.
Comments
Purpose. According to the author, housing in California is becoming increasingly unaffordable. The average California home currently costs about 2.5 times the national average home price and the monthly rent is 50% higher than the rest of the nation. Rent in San Francisco, San Jose, Oakland, and Los Angeles are among the top 10 most unaffordable in the nation. With rising population growth, California must not only provide housing but also ensure affordability. While existing law enables accessory dwellings as a source of housing, recent studies show that local standards, perhaps unintentionally, prevent homeowners from building ADUs with standards like lot coverage, large set-backs, off-street parking, or costly construction requirements.
Eliminating barriers to ADU construction is a common-sense, cost-effective approach that will permit homeowners to share empty rooms in their homes and property, add incomes to meet family budgets, and make good use of the property in the Bay Area and across California while easing the housing crisis. SB 1069 approaches the housing crisis by easing regulatory barriers for homeowners who choose to build affordable housing in their own backyards.
What are ADUs? ADUs, also known as accessory apartments, accessory dwellings, mother-in-law units, or granny flats, are additional living spaces on single-family lots that have a separate kitchen, bathroom, and exterior access independent of the primary residence. These spaces can either be attached to or detached from the primary residence.
Relaxing ADU requirements. According to a UC Berkeley study, Yes in My Backyard: Mobilizing the Market for Secondary Units, second units are a means to accommodate future growth and encourage infill development in developed neighborhoods. Despite existing state law, which requires each city in the state to have a ministerial process for approving second units, the study found that local regulations often impede development. Easing these burdens to permit more ADUs could permit a family to rent out the unit (about 49% of the units) or provide housing for a family member (about 51% of the units). In fact, the study found that the average second unit was advertised at a rental rate that makes it affordable to a household earning 62% of the area median income. About 30% were affordable to households in the very low-income category, and that 49% were in the low-income category. The study, which evaluated five adjacent cities in the East Bay, concluded that there is a substantial market of interested homeowners; cities could reduce parking requirements without contributing to parking issues; second units could accommodate future growth and affordable housing; and that scaling up second-unit strategy could mean economic and fiscal benefits for cities.
Home rule. Local governments must balance competing priorities when determining the conditions attached to the development of accessory dwelling units. Cities must look at the potential impacts on the community that result from these units: impaired neighborhood character, spillover effects on nearby homes and businesses due to inadequate parking, and loss of privacy for existing homeowners. Some local governments have adopted more involved processes for permitting second units to allow for consideration of these important factors. SB 1069 would prevent local governments from considering these impacts by requiring ministerial permits for many accessory dwelling units. Without some discretion, elected local leaders will be unable to weigh the tradeoffs between enhanced density that accessory dwelling units may provide and any community problems they create.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
Bay Area Council (source)
AARP
Abode Services
American Planning Association – California Chapter
BHV Center Street Properties, Inc.
Bishop Ranch
Blue Shield of California
Bridge Housing
Building Industry Association – Bay Area
California Association of Realtors
California Building Industry Association
California Housing Consortium
California Infill Federation
California Renters Legal Advocacy & Education Fund
California State Chamber of Commerce
Center for Creative Land Recycling
Chase Communications
Colliers International
Comcast
Cushman & Wakefield
East Bay Leadership Council
Eden Housing
Emerald Fund
Greenbelt Alliance
Hanson Bridgett
HKS
The Home Depot
Housing Trust Silicon Valley
Joint Venture —Silicon Valley Network
Junius & Rose, LLP
Kaiser Permanente
LA-Ms
Lennar Urban
Lily Pad Homes
MacKenzie Communications, Inc.
Main Street Property Services
Manatt
Marvell
McKinsey & Company
Natural Resources Defense Council
Nehemiah Corporation of America
New Avenue
Nibbi
Non-Profit Housing Association of Northern California
North Bay Leadership Council
Orange County Business Council
Pier 39
PLANT
Plumbing, Heating and Cooling Contractors
Polaris Pacific
Reuben, Junius & Rose, LLP
Rhodes Planning Group
San Francisco Chamber of Commerce
San Francisco Housing Action Coalition
San Mateo County Economic Development Association
Sares Regis Homes
Scott Weiner, Supervisor — District 8, San Francisco
SPUR
Summer Hill Housing Group
SVAngel
SV@Home
Technology Credit Union
Terner Center for Housing Innovation
TMG Partners
The Two Hundred
UC Berkeley – College of Environmental Design
UPS
Virgin America
Webcor Builders
Western Center on Law and Poverty
OPPOSITION: (Verified 5/11/16)
Association of California Water Agencies
California State Association of Counties
Cities of Angels Camp, Cloverdale, Daly City, and Merced
League of California Cities
5/11/16 15:44:20
SENATE COMMITTEE ON GOVERNANCE AND FINANCE
Senator Robert M. Hertzberg, Chair
2015 - 2016 Regular
Bill No: | SB 1069 | Hearing Date: | 4/20/16 |
Author: | Wieckowski | Tax Levy: | No |
Version: | 4/13/16 | Fiscal: | Yes |
Consultant: | Favorini-Csorba | ||
Land use: zoning
Establishes required components and maximum standards for local ordinances that permit accessory dwelling units.
Background
Land Use Regulation. The California Constitution allows a city to "make and enforce within its limits, all local, police, sanitary and other ordinances and regulations not in conflict with general laws." It is from this fundamental power (commonly called the police power) that local governments derive their authority to regulate behavior to preserve the health, safety, and welfare of the public—including land use authority. Local governments use their police power to enact zoning ordinances that shape development, including setting maximum densities for housing units, minimum numbers of required parking spaces, and setbacks to preserve privacy. These ordinances can also include conditions to ensure fire safety and aesthetics, or to address particular site-specific considerations.
Some local ordinances provide “ministerial” processes for approving projects that are permitted “by right”—the zoning ordinance clearly states that a particular use is allowable, and local government does not have any discretion regarding approval of the permit if the application is complete. Local governments have two options for providing landowners with relief from zoning ordinances that might otherwise prohibit or restrict a particular land use: variances and conditional use permits. A variance may be granted to alleviate a unique hardship on a property owner because of the way a generally-applicable zoning ordinance affects a particular parcel, and a conditional use permit allows a land use that is not authorized by right in a zoning ordinance, but may be authorized if the property owner takes certain steps, such as to mitigate the potential impacts of the land use. Both of these processes require hearings by the local zoning board and public notice.
Second Units. The Legislature has long identified second units, also known as in-law apartments or “granny flats,” as a valuable form of housing for family members, students, the elderly, in-home health care providers, the disabled, and others, at below market prices within existing neighborhoods. In 1982, the Legislature first provided a framework for local governments to enact ordinances that permit the construction of second units, while preserving local government flexibility to regulate the units as necessary. When fewer second units than anticipated were developed, in 2002 the Legislature significantly amended the second unit law to address some of the barriers that property owners encountered while trying to develop second units (AB 1866, Wright, 2002).
Currently under the second unit law, a local government can adopt an ordinance that allows the creation of second units in single-family and multi-family residential zones. The ordinance can regulate any of the following aspects of second units: (1) designate areas within the jurisdiction where accessory dwelling units will be permitted; (2) impose standards on the units regarding parking, height, setback, maximum size, and potential adverse impacts on historic places; and (3) specify that the units do not exceed the allowed density for the lot and are consistent with the general plan and zoning designation for the lot. A local agency may not adopt an ordinance that entirely prohibits second units unless it makes specific findings regarding adverse impacts from the units.
A local agency that has an ordinance must consider the application for a second unit ministerially, without discretionary review or hearing. If the local agency doesn’t have an ordinance that is consistent with the second unit law, it must ministerially consider the application within 120 days of receiving the application, unless it adopts an ordinance within that timeframe.
Local agencies must also grant a variance or conditional use permit for the creation of a second unit that complies with all of the following requirements:
- The unit is not intended for sale and may be rented.
- The lot is zoned for single-family or multifamily use.
- The second unit is either attached to the existing dwelling and located within the living area or detached but located on the same lot
- The increased floor area does not exceed 30 percent of the floor area of the existing residence or 1,200 square feet
- Compliance with other generally applicable zoning requirements and building permits that apply to detached dwellings.
- The unit is approved by the local health officer if a private sewage disposal system is used.
The second unit law also limits the parking requirements that local governments may impose to one parking space per unit or bedroom. However, a local government may require higher parking ratios if it finds that the additional parking requirements are directly related to the use of the second unit and are consistent with requirements for existing residences. These parking requirements may be met by off-street parking or tandem parking in an existing driveway unless the local government finds that there are specific site, topographical, or fire and life safety conditions.
Local Government Limitations on Second Units. Despite state efforts to encourage second units, many local governments have passed ordinances that constrain their construction. A 2012 report by the Center for Community Innovation at the University of California Berkeley found that there is a substantial market for second units in the San Francisco Bay Area, but that many cities introduce obstacles such as onerous parking requirements, minimum lot sizes, and setbacks that preclude the units from being built. Conversely, the city of Santa Cruz saw its second unit production triple following efforts that liberalized its second unit ordinance and made other changes to encourage construction. Some stakeholders want to remove impediments to second unit development contained in local government ordinances.
Proposed Law
Senate Bill 1069 renames second units as “accessory dwelling units” throughout state law and establishes required components of local ordinances that permit accessory dwelling units. Specifically, it requires local ordinances on second units to: (1) designate areas within the jurisdiction where accessory dwelling units will be permitted; (2) impose standards on the units regarding parking, height, setback, maximum size, and potential adverse impacts on historic places; and (3) specify that the units do not exceed the allowed density for the lot and are consistent with the general plan and zoning designation for the lot.
SB 1069 repeals the ability of local governments to enact ordinances that totally prohibit accessory dwelling units. It also limits the ability of cities and counties to impose certain standards on accessory dwelling units. SB 1069 prohibits local agencies from imposing parking standards on units that meet any of the following conditions:
- The unit is located within one-half mile of public transit or shopping.
- The unit is located within an architecturally and historically significant historic district.
- The unit is part of the existing primary residence.
- When on-street parking permits are required, but not offered to the occupant of the unit.
- When there is a car share vehicle located within one block of the accessory dwelling unit.
SB 1069 also prohibits local governments from requiring more than one parking space per unit or bedroom and authorizes the use of tandem parking in an existing driveway to meet this requirement. It also only allows local governments to prohibit off-street parking in setback areas or as tandem parking based on fire and life safety concerns.
SB 1069 requires permits for accessory dwelling units to be ministerially approved or disapproved within 90 days of receipt of the application, regardless of whether the local agency has an ordinance governing these units. SB 1069 also mandates ministerial approval of accessory dwelling units that, under existing law, must be granted a variance or special use permit, and increases the size thresholds for approval of attached accessory dwelling units to 50 percent of the existing living area. A local ordinance cannot prohibit an accessory dwelling unit or efficiency unit of at least 500 feet on the basis of the size of the unit or the existing residence.
SB 1069 also requires, notwithstanding other provisions of second unit law, ministerial approval of a building permit for any accessory dwelling unit if the unit is within the existing residence or an existing accessory structure and it provides independent exterior access and setbacks sufficient for fire safety.
SB 1069 also prohibits local agencies from considering accessory dwelling units as new residential units for the purposes of calculating utility connection fees, including water or sewer service. Local agencies also may not require sprinklers in an accessory dwelling unit if not required for the existing residence.
State Revenue Impact
No estimate.
Comments
1. Purpose of the bill. California continues to face a housing affordability crisis, despite changes to state housing element law, incentives for infill development and high density developments, and other state laws intended to allow for the construction of new, affordable housing. Accessory dwelling units provide one option for increasing density while avoiding some of the impacts associated with larger, high density projects such as multifamily housing. These units provide older Californians with an additional revenue stream and also promote infill development. To that end, in 2002 the Legislature encouraged local governments to adopt ordinances providing for the approval of accessory dwelling units. However, some local governments have placed onerous requirements on individuals that want to construct these units on their property, such as parking requirements that can be expensive or physically impossible to achieve, lengthy permitting processes that require variances, minimum lot sizes, and even sprinkler installation. SB 1069 seeks to streamline the process for property owners to develop accessory dwelling units by requiring local agencies to ministerially permit them, establishing commonsense limits on parking requirements, and preventing water and sewer agencies from charging unnecessary connection fees. SB 1069 takes an important step towards making affordable housing available to the millions of Californians who need it.
2. Home rule. Local governments must balance competing priorities when determining the conditions attached to the development of accessory dwelling units. Cities must look at the potential impacts on the community that result from these units: impaired neighborhood character, spillover effects on nearby homes and businesses due to inadequate parking, and loss of privacy for existing homeowners. Some local governments have adopted more involved processes for permitting second units to allow for consideration of these important factors. SB 1069 would prevent local governments from considering these impacts by requiring ministerial permits for many accessory dwelling units. Without some discretion, elected local leaders will be unable to weigh the tradeoffs between enhanced density that accessory dwelling units may provide and any community problems they create.
3. Bigger problems. While local zoning ordinances that limit the construction of accessory dwelling units may contribute somewhat to housing affordability problems in California, there are larger issues that drive local governments to adopt these kind of rules. Proposition 13 encourages local governments to prefer commercial development over residential development because commercial development provides greater revenue while consuming fewer costly services. The high cost of housing and the intensity of community involvement in land use decisions provide existing residents with strong incentives—and the means—to object to new development that might lower housing prices for existing units. SB 1069 proposes a solution to add density by relaxing restrictions on accessory dwelling units, but enacting a more comprehensive fix to the incentives that local governments face could obviate the need for the state to intervene on these local matters.
4. Yes Minister. Existing second unit law only requires approval of second units that meet a lengthy list of criteria, including compliance with zoning requirements and building codes. SB 1069 requires a local agency to ministerially approve a building permit for any accessory dwelling unit that is within an existing structure and meets only the barest of criteria for fire safety and access. This departs significantly from existing law and creates large loopholes for the construction of potentially unsafe and unsustainable residences. The Committee may wish to consider amending SB 1069 to eliminate this provision.
5. Water under the bridge? Water retailers and sanitation agencies levy connection fees to ensure that a new development pays for the costs that it imposes on the water system, such as to maintain water pressure for firefighting or expand wastewater treatment capacity. These fees are a key part of these agencies’ rate structures—monthly water and sewer bills don’t entirely fund an agency’s operations. However, under SB 1069, accessory dwelling units cannot be considered new residential uses for the purposes of calculating private or public utility connection fees. The cumulative impact of thousands of new units on a water or sewer system could create financial strains for those agencies, necessitating rate hikes on existing customers that have already paid their fair share of the water system’s costs. The Committee may wish to consider amending SB 1069 to ensure that individuals that construct new accessory dwelling units pay the full cost of their water and sewer services.
6. Who benefits? SB 1069 intends to streamline the development of accessory dwelling units in order to increase housing density, create more affordable housing, and provide an income stream to elderly homeowners. Yet there may be side effects to this liberalization that undermine some of these goals. Local governments have been struggling to develop enforceable ordinances that regulate the use of residential housing for short-term rentals through online platforms such as AirBNB. These rentals can impose some of the same consequences on a neighborhood as commercial lodging, such as increased traffic. In addition, some studies have shown that short-term rentals decrease housing stock, potentially increasing housing costs. SB 1069 may simply encourage the construction of quasi-commercial accessory dwelling units solely for the purpose of short-term rentals. Yet SB 1069 potentially prohibits a local government from placing conditions on a permit to ensure that a unit is used for long-term rental. The Committee may wish to consider amending SB 1069 to specifically authorize a city or county to include such conditions in its accessory dwelling unit ordinance.
7. Technical amendment. SB 1069 deletes a provision of existing law that states that a local government is not required to adopt or amend an ordinance for the creation of section units (65852.2(a)(3)), but leaves a similar provision in place in a related subdivision (65852.2(b)(4)). In order to ensure that the bill is consistent, the Committee may wish to consider amending SB 1069 to delete this contradictory provision.
8. Incoming! Prior to the arrival of SB 1069 in this committee, it must pass the Senate Committee on Transportation and Housing at its April 19, 2016 hearing.
9. Mandate. The California Constitution generally requires the state to reimburse local agencies for their costs when the state imposes new programs or additional duties on them. According to the Legislative Counsel’s Office, SB 1069 creates a new state-mandated local program. But this bill disclaims the state's responsibility for reimbursing local agencies by including findings and declarations that local agencies may levy fees to cover the costs of the program.
10. Related legislation. Two other bills relating to second units have been introduced this session. SB 2299 (Bloom) restricts the standards local governments may impose on second units by prohibiting imposition of parking requirements on second units within a half-mile of transit or shopping, constraining the setbacks that local governments may require, and repealing ability to prohibit second units. SB 2406 (Thurmond) allows local agencies to adopt an ordinance that authorizes the construction of “junior accessory dwelling units” of 500 square feet or less and includes standards that local agencies may adopt regarding those units.
Support and Opposition
(4/14/16)
Support: Bay Area Council (sponsor); AARP; American Planning Association of California; Bay Area Building Industry Association; Bishop Ranch; Blue Shield of California; Bridge Housing; California Association of Realtors; California Building Industry Association; California Renters Legal Advocacy and Education Fund; Center for Creative Land Recycling; Chase Communications; Colliers International; Cushman & Wakefield; East Bay Leadership Council; Emerald Fund; Facebook; Hanson Bridgett; HKS; Joint Venture Silicon Valley Network; Karen Chappelle, Professor of City and Regional Planning, UC Berkeley; Lennar Urban; MacKenzie Communications, Inc.; Manatt; Marvell; McKinsey & Company; Nehemiah Corporation of America; New Avenue; Nibbi; Nonprofit Housing Association of California; North Bay Leadership Council; PLANT; Polaris Pacific; Rhoades Planning Group; Richard Rosenberg, Chairman and CEO (RET.) Bank of America; Reuben, Junius & Rose, LLP; San Francisco Housing Action Coalition; San Mateo County Economic Development Association; SPUR; SVAngel; SV@Home; TechCU; Virgin America; Webcor Builders.
Opposition: California State Association of Counties.
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SENATE COMMITTEE ON TRANSPORTATION AND HOUSING
Senator Jim Beall, Chair
2015 - 2016 Regular
Bill No: Hearing Date: 4/19/2016
Author: | Wieckowski | ||
Version: | 4/13/2016 Amended | ||
Urgency: | No | Fiscal: | Yes |
Consultant: | Alison Dinmore | ||
SUBJECT:
DIGEST: This bill requires an ordinance for the creation of accessory dwelling units (ADUs) to include specified provisions regarding areas where ADUs may be located, standards, and lot density. This bill would revise requirements for the approval or disapproval of an ADU application when a local agency has not adopted an ordinance.
ANALYSIS:
Existing law:
- Defines “second unit” as 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:
- An efficiency unit; or
- A manufactured home.
- Permits a local agency, by ordinance, to provide for the creation of second units in single-family and multifamily residential zones. The ordinance may do the following:
- Designate areas where second units may be permitted.
- Impose standards on second units, including but not limited to parking, height, setback, lot coverage, architectural review, and maximum size of the unit.
- Provide that second units do not exceed the allowable density for the lot upon which the second unit is located, and that the second unit is consistent with the existing general plan and zoning designation for the lot.
- Requires, if a local agency adopts a second-unit ordinance, that applications be considered ministerially without discretionary review or a hearing. Additionally, nothing may be construed to require a local government to adopt or amend an ordinance regulating the issuance of variances or special use permits for second units.
- Requires a local agency that has not adopted a second-unit ordinance to accept and approve or disapprove the application ministerially, without discretionary review or hearing, within 120 days after receiving the application.
- Requires every local agency to grant a variance or special permit for the creation of a second unit if the second unit complies with all of the following:
- The unit is not intended for sale and may be rented.
- The lot is zoned for single-family or multifamily use.
- The lot contains an existing single-family dwelling.
- The second unit is either attached to the existing dwelling and located within the living area of the existing dwelling or detached and located on the same lot as the existing dwelling.
- The increased floor area of an attached second unit shall not exceed 30% of the existing living area.
- The total area floor space shall not exceed 1,200 square feet.
- Requirements applicable to residential construction in the zone in which the property is located.
- Local building code requirements that apply to detached dwellings.
- The unit is approved by the local health officer where a private sewage disposal system is being used.
- Provides that no local agency may adopt an ordinance that totally precludes second units unless the ordinance contains findings and acknowledges 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 would result.
- Provides that a local agency may establish maximum and minimum unit size requirements for both attached and detached second units.
- Provides that parking requirements shall not exceed one parking space per unit or per bedroom, but that additional parking may be required with a finding that additional parking requirements are directly related to the use of the second unit and consistent with existing neighborhood standards.
This bill:
- Replaces “second units” with “accessory dwelling units” (ADUs) throughout the chapter.
- Requires a local agency, in its ADU ordinance, to do the following:
- Designate areas within the jurisdiction where ADUs may be permitted, which may be based upon criteria including but not limited to the adequacy of water and sewer services and the impact of ADUs on traffic flow and public safety.
- Impose standards on ADUs including but not limited to parking, height, setback, lot coverage, architectural review, and maximum size of the unit. Notwithstanding parking restrictions under this chapter, a local agency may not impose parking standards in the following instances:
- The ADU is located within ½ mile of public transit or shopping.
- The ADU is located within an architecturally and historically significant historic district.
- The ADU is part of an existing primary residence.
- When on-street parking permits are required, but not offered to the occupant of the accessory dwelling unit.
- When there is a car-share vehicle located within one block of the ADU.
- Provide that second units do not exceed the allowable density for the lot upon which the second unit is located, and that the second unit is consistent with the existing general plan and zoning designation for the lot.
- Requires a local agency with an ADU ordinance to consider permits within 90 days of submittal of a complete building permit application.
- Provides that a local agency that has not adopted an ADU ordinance, upon receipt of its first application shall accept or disapprove the application ministerially without discretionary review, unless it adopts an ordinance in accordance with this chapter within 90 days after receiving the application.
- Requires a local agency that has not adopted an ADU ordinance to approve the creation of an ADU if the ADU meets the following requirements:
- The unit is not intended for sale separate from the primary residence and may be rented.
- The lot is zoned for single-family or multifamily use.
- The lot contains an existing single-family dwelling.
- The ADU is either attached to the existing dwelling and located within the living area of the existing dwelling or detached and located on the same lot as the existing dwelling.
- The increased floor area of an attached ADU shall not exceed 50% of the existing living area.
- The total area floor space of the ADU shall not exceed 1,200 square feet.
- Requirements applicable to residential construction in the zone in which the property is located.
- Local building code requirements, which apply to detached dwellings as appropriate.
- Approved by the local health officer where a private sewage disposal system is being used.
- Removes the exemption for a local agency to adopt an ADU upon findings 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 would result.
- Provides that a local agency may establish maximum and minimum unit size requirements for both attached and detached ADUs. No maximum or minimum size for an ADU, or size based upon a percentage of the existing dwelling unit, shall be established by ordinance for either attached or detached dwellings that does not permit at least a 500-foot ADU or a 500-foot efficiency unit to be constructed in compliance with local development standards. ADUs shall not be required to provide fire sprinklers if they are not required for the primary residence.
- Removes the provision permitting additional parking upon a finding that additional parking is required related to the use of the ADU and consistent with existing neighborhood standards. Parking may be provided, however, as tandem parking in an existing driveway. 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 fire and life safety conditions.
9) Requires ministerial approval by a local agency for a building permit to create an ADU if the ADU is contained within an existing single-family home, has independent exterior access from the existing residence, and the side and rear setbacks are sufficient for fire safety. ADUs shall not be required to provide fire sprinklers if they are not required for the primary residence.
10) Provides that ADUs shall not be considered new residential uses for the purposes of calculating private or public utility connection fees, including water and sewer service.
COMMENTS:
- Purpose. According to the author, housing in California is becoming increasingly unaffordable. The average California home currently costs about 2.5 times the national average home price and the monthly rent is 50% higher than the rest of the nation. Rent in San Francisco, San Jose, Oakland, and Los Angeles are among the top 10 most unaffordable in the nation. With rising population growth, California must not only provide housing but also ensure affordability. While existing law enables accessory dwellings as a source of housing, recent studies show that local standards, perhaps unintentionally, prevent homeowners from building ADUs with standards like lot coverage, large set-backs, off-street parking, or costly construction requirements.
Eliminating barriers to ADU construction is a common-sense, cost-effective approach that will permit homeowners to share empty rooms in their homes and property, add incomes to meet family budgets, and make good use of the property in the Bay Area and across California while easing the housing crisis. SB 1069 approaches the housing crisis by easing regulatory barriers for homeowners who choose to build affordable housing in their own backyards.
- What are ADUs? ADUs, also known as accessory apartments, accessory dwellings, mother-in-law units, or granny flats, are additional living spaces on single-family lots that have a separate kitchen, bathroom, and exterior access independent of the primary residence. These spaces can either be attached to or detached from the primary residence.
- Relaxing ADU requirements. According to a UC Berkeley study, Yes in My Backyard: Mobilizing the Market for Secondary Units, second units are a means to accommodate future growth and encourage infill development in developed neighborhoods. Despite existing state law, which requires each city in the state to have a ministerial process for approving second units, the study found that local regulations often impede development. Easing these burdens to permit more ADUs could permit a family to rent out the unit (about 49% of the units) or provide housing for a family member (about 51% of the units). In fact, the study found that the average second unit was advertised at a rental rate that makes it affordable to a household earning 62% of the area median income. About 30% were affordable to households in the very low-income category, and that 49% were in the low-income category.
The study, which evaluated five adjacent cities in the East Bay, concluded that there is a substantial market of interested homeowners; cities could reduce parking requirements without contributing to parking issues; second units could accommodate future growth and affordable housing; and that scaling up second unit strategy could mean economic and fiscal benefits for cities.
This bill eases barriers to the construction and permitting of ADUs by making the following changes:
- Provides alternatives and exceptions to parking requirements, such as the case of an ADU located near public transit or if the ADU is part of an existing dwelling.
- Shortens the review period of an application for an ADU building permit from 120 days to 90 days.
- Increases the size of an ADU from 30% of the existing dwelling to 50%.
- Removes the ability for a local agency to adopt an ordinance that completely precludes the construction of ADUs.
- Requires ministerial approval of an ADU contained within an existing single-family home that has independent access from the existing residence and has rear and side setbacks sufficient for fire safety.
- Removes the requirement for an ADU to have fire sprinklers if they were not required for the primary residence.
4) Double-referral. This bill is also referred to the Senate Governance and Finance Committee.
Related Legislation:
AB 2299 (Bloom, 2016) — would require a local agency to provide by ordinance for the creation of second units in single-family and multifamily residential zones. This bill is pending in the Assembly Housing and Community Development Committee.
AB 2406 (Thurmond, 2016) — would authorize a local agency to provide by ordinance for the creation of junior accessory dwelling units in single-family residential zones. This bill is pending in the Assembly Housing and Community Development Committee.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
POSITIONS: (Communicated to the committee before noon on Wednesday,
April 13, 2016.)
SUPPORT:
Bay Area Council (sponsor)
AARP
American Planning Association – California Chapter
Bishop Ranch
Blue Shield of California
Bridge Housing
Building Industry Association – Bay Area
California Association of Realtors
California Building Industry Association
California Infill Association
California Renters Legal Advocacy & Education Fund
Center for Creative Land Recycling
Chase Communications
Colliers International
Cushman & Wakefield
Emerald Fund
East Bay Leadership Council
Hanson Bridgett
HKS
Joint Venture - Silicon Valley Network
Lennar Urban
MacKenzie Communications, Inc.
Marvell
McKinsey & Company
Manatt
Nehemiah Corporation of America
New Avenue
Nibbi
Non-Profit Housing Association of Northern California
North Bay Leadership Council
Plant
Polaris Pacific
Reuben, Junius & Rose, LLP
Rhodes Planning Group
Richard Rosenberg – Chairman & CEO (Retired), Bank of America
San Francisco Housing Action Coalition
San Mateo County Economic Development Association
SPUR
SVAngel
SV@Home
Technology Credit Union
UC Berkeley – College of Environmental Design
Virgin America
Webcor Builders
OPPOSITION:
None received
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Discussed in Hearing
3MIN
Senate Floor
2MIN
Assembly Floor
4MIN
Assembly Floor
4MIN
Assembly Standing Committee on Appropriations
33MIN
Assembly Standing Committee on Local Government
10MIN
Senate Floor
31MIN
Senate Standing Committee on Governance and Finance
15MIN
Senate Standing Committee on Transportation and Housing
Bill Author
