SB 1469: 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, requires the ordinance to designate areas within the local jurisdiction where accessory dwelling units may be permitted, and sets forth standards the ordinance is required to impose, including, among others, maximum unit size, parking, lot coverage, and height standards.

The State Housing Law requires, with an exception for building standards adopted, amended or repealed by the State Fire Marshal, the Department of Housing and Community Development to propose the adoption, amendment, or repeal of building standards to the California Building Standards Commission, as specified, and adopt, amend, and repeal other rules and regulations for the protection of the public health, safety, and general welfare of the occupant and the public governing the erection, construction, enlargement, conversion, alteration, repair, moving, removal, demolition, occupancy, use, height, court, area, sanitation, ventilation and maintenance of all apartment houses and dwellings, and buildings and structures accessory thereto.

This bill would instead authorize accessory dwelling units to be created in areas where a single-family or multifamily dwelling is authorized. The bill would revise and recast the above-described provisions regarding accessory dwelling units to authorize the ordinance adopted for the creation of accessory dwelling units to designate areas where accessory dwelling units are excluded for fire and life health and safety purposes based on clear findings supported by a preponderance of substantial evidence. The bill would limit the types of standards that a local agency may impose on accessory dwelling units, including parking, height, size, and setback requirements, and would revise certain standards as specified. The bill would include among the standards a requirement that the accessory dwelling unit comply with building standards in effect prior to the effective date of small home building standards that the bill would require the Department of Housing and Community Development to create, as specified, and submit to the California Building Standards Commission by January 1, 2020. The bill would require compliance with the latter building standards after their effective date. The bill would require a local agency that has not adopted an ordinance for accessory dwelling units to consider the permit ministerially without discretionary review or a hearing, and would deem an application approved if the local agency does not act on the submitted application within 60 days. The bill would prohibit an accessory dwelling unit on a single-family lot, when assessed as new construction, from triggering a reassessment of the value of the underlying land and structures. The bill would require a local agency, regardless of whether it has adopted an ordinance, to ministerially approve an application for a building permit to create one or more accessory dwelling units in specified circumstances.

Existing law authorizes a local agency, special district, or water corporation to require prohibits an accessory dwelling unit from being considered by a local agency, special district, or water corporation to be a new residential use for purposes of calculating connection fees or capacity charges for utilities. Existing law prohibits requirements for the installation of a new or separate utility connection between the accessory dwelling unit and the utility utility, except in instances where an accessory dwelling unit is subject to ministerial approval, as specified, and authorizes fees to be charged. charged in those instances.

This bill would specify that an accessory dwelling unit is not subject to impact fees, connection fees, capacity charges, or any other fees or charges levied by a local agency, school district, special district, or water corporation. The bill would also prohibit an accessory dwelling unit or a junior accessory dwelling unit on a single-family lot, when assessed as new construction, from triggering a reassessment of the value of the underlying land and structures. instead prohibit an accessory dwelling unit from being considered by a local agency, special district, or water corporation to be a new residential use for purposes of calculating fees charged for new development, except in certain circumstances when a new or separate utility connection between the accessory dwelling unit and the utility may be required and except for certain fees charged by a school district that the bill would limit to $3,000 per accessory dwelling unit.

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.

This bill would revise these provisions to among other things, require ministerial review of a permit and issuance at the permit within 60 days of application.

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.