AB 2890: Land use: accessory dwelling units.

The Planning and Zoning Law authorizes a local agency to provide by ordinance for the creation of accessory dwelling units in single-family and multifamily residential zones and sets forth standards the ordinance is required to impose, including, among others, maximum unit size, parking, lot coverage, and height standards. Existing law prohibits the ordinance from establishing size requirements for accessory dwelling units that do not permit at least an efficiency unit to be constructed.

This bill would prohibit the imposition of lot coverage standards or requirements on minimum lot size, lot coverage, or floor area ratio, and would prohibit an ordinance from establishing size requirements for accessory dwelling units that do not permit at least an 800 square foot unit of at least 16 feet in height to be constructed.

Existing law requires a local agency that has adopted an ordinance for the creation of accessory dwelling units to consider a permit application within 120 days of receiving the application, and requires a local agency that has not adopted an ordinance to ministerially approve a permit application for the creation of an accessory dwelling unit within 120 days of receiving the application. Existing law also authorizes a local agency ordinance to require a permit applicant for an accessory dwelling unit to be an owner-occupant.

This bill would instead require a local agency that has or has not adopted an ordinance to consider a permit application for the creation of an accessory dwelling unit within 60 days. The bill would provide that, if a local agency imposes an owner-occupancy restriction, the frequency of monitoring owner occupancy shall not be monitored more frequently than annually, shall be based on specified published documents, and would further define owner-occupant for purposes of that requirement.

Existing law requires a local agency to ministerially approve a permit application to create one accessory dwelling unit per single-family lot, subject to specified conditions and requirements.

This bill would provide for the ministerial approval of one or more accessory dwelling units on single-family and multifamily lots, subject to specified conditions and requirements.

Existing law requires a local agency to submit an ordinance adopted for the creation of accessory dwelling units to the department and authorizes the department to review and comment on the ordinance.

This bill would authorize the department to submit written findings as to whether the ordinance complies with state law and to notify the Attorney General if the ordinance is in violation of state law. The bill would authorize the department to adopt guidelines to implement uniform standards or criteria to supplement or clarify the terms, references, and standards set forth in statute and would exempt the adoption of the guidelines from the Administrative Procedure Act. The bill would also revise applicable definitions and make other conforming changes.

Existing law authorizes a local agency to provide by ordinance for the creation of junior accessory dwelling units in single-family residential zones and requires a local agency to consider an application for a junior accessory dwelling unit ministerially and to issue the permit within 120 days of submission of the application.

This bill would require the permit to be approved within 60 days of application and would require a local agency that has not adopted an ordinance for the creation of junior accessory dwelling units to apply the same standards established by this bill for local agencies with ordinances.

The State Housing Law requires the Department of Housing and Community Development to propose building standards to the California Building Standards Commission, and to adopt, amend, or repeal rules and regulations governing apartment houses and dwellings, as specified.

This bill would require the department to create and submit small building standards to the California Building Standards Commission by January 1, 2020.

By increasing the duties of local agencies with respect to land use regulations, the 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.