Signed by Governor Gavin Newsom

Vote Smart's Synopsis:

Vote to concur with house amendments and pass a bill that amends the process for municipalities and counties to review and approve accessory dwelling units and junior accessory dwelling units.

Highlights:

• Authorizes a local agency, by ordinance, to provide for the creation of accessory dwelling units in areas zoned to allow single-family or multi-family use (Sec. 1).

• Requires the ordinances mentioned in the preceding highlight to (Sec. 1):

• Designate areas within the jurisdiction of the local agency where accessory dwelling units may be permitted;

• Impose standards on accessory dwelling units that include, but are not limited to, parking, height, setback, 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; and 

• 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 have a residential use that is consistent with the existing general plan and zoning designation for the lot.

• Requires the accessory dwelling units to comply with, though more may be required, all of the following (Sec. 1):

• The unit may be rented separate from the primary residence, but may not be sold or otherwise conveyed separate from the primary residence;

• The lot is zoned to allow single-family or multi-family use and includes a proposed or existing single-family dwelling;

• The accessory dwelling unit is either attached to, or located within the proposed or existing primary dwelling, including attached garages, storage areas, or similar uses, or an accessory structure or detached from the proposed or existing primary dwelling, and located on the same lot as the proposed or existing primary dwelling;

• If there in an existing primary dwelling, the total floor area of an attached dwelling unit can not exceed 50 percent of the existing primary dwelling; and 

• The total floor area for a detached accessory dwelling unit can not exceed 1,200 square feet. 

• Specifies that a permit application to create an accessory dwelling unit or a junior accessory dwelling unit will be considered ministerially without discretionary review or a hearing, and the permitting agency will act on the application to create an accessory dwelling unit or a junior accessory dwelling unit within 60 days from the date the local agency receives a completed application if there is an existing single-family or multi-family dwelling on the lot (Sec. 1).  

• Requires a local agency to submit a copy of the adopted ordinance to the Department of Housing and Community Development within 60 days after adoption (Sec. 1).

• Specifies that if the local agency does not amend its ordinance in response to the department’s findings or does not adopt a resolution with findings explaining the reason the ordinance complies with this section and addressing the department’s findings, the department will notify the local agency and can notify the Attorney General that the local agency is in violation of state law (Sec. 1).

• Defines “accessory dwelling unit” as an attached or detached residential dwelling unit that provides complete independent living facilities for one or more individuals and is located on a lot with a proposed or existing primary residence, and shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multi-family dwelling is or will be situated, and also includes efficiency units and manufactured homes (Sec. 1). 

• Authorizes a local agency, by ordinance, to provide for the creation of junior accessory dwelling units in single-family residential zones, and to require obtaining a permit for the creation of a junior accessory dwelling unit (Sec. 2).

• Requires the ordinances mentioned in the preceding highlight to (Sec. 2):

• Limit the number of junior accessory dwelling units to one per residential lot zoned for single-family residences with a single-family residence built, or proposed to be built, on the lot;

• Require owner-occupancy in the single-family residence in which the junior accessory dwelling unit will be permitted;

• Require the recordation of a deed restriction;

• Require a permitted junior accessory dwelling unit be constructed within the walls of the proposed or existing single-family residence;

• Require a permitted junior accessory dwelling to include a separate entrance from the main entrance to the proposed or existing single-family residence; and

• Require the permitted junior accessory dwelling unit to include an efficiency kitchen. 

• Defines “junior accessory dwelling unit” as a unit that is no more than 500 square feet in size and contained entirely within a single-family residence, and may include separate sanitation facilities, or may share sanitation facilities with the existing structure (Sec. 2).

Full Bill Text

Vote Smart's Synopsis:

Vote to concur with house amendments and pass a bill that amends the process for municipalities and counties to review and approve accessory dwelling units and junior accessory dwelling units.

Highlights:

• Authorizes a local agency, by ordinance, to provide for the creation of accessory dwelling units in areas zoned to allow single-family or multi-family use (Sec. 1)

• Requires the ordinances mentioned in the preceding highlight to (Sec. 1):

• Designate areas within the jurisdiction of the local agency where accessory dwelling units may be permitted;

• Impose standards on accessory dwelling units that include, but are not limited to, parking, height, setback, 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; and 

• 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 have a residential use that is consistent with the existing general plan and zoning designation for the lot.

• Requires the accessory dwelling units to comply with, though more may be required, all of the following (Sec. 1):

• The unit may be rented separate from the primary residence, but may not be sold or otherwise conveyed separate from the primary residence;

• The lot is zoned to allow single-family or multi-family use and includes a proposed or existing single-family dwelling;

• The accessory dwelling unit is attached or located within the living area of the proposed or existing primary dwelling, attached or located within an accessory structure, or detached from the proposed or existing primary dwelling, and located on the same lot as the proposed or existing primary dwelling;

• The total floor area of an attached dwelling unit can not exceed 50 percent of the proposed or existing primary dwelling living area or 1,200 square feet; and 

• The total floor area for a detached accessory dwelling unit can not exceed 1,200 square feet. 

• Specifies that a permit application will be considered ministerially without discretionary review or a hearing within 60 days from the date when the local agency receives a completed application (Sec. 1).  

• Requires a local agency to submit a copy of the adopted ordinance to the Department of Housing and Community Development within 60 days after adoption (Sec. 1).

• Specifies that if the local agency does not amend its ordinance in response to the department’s findings or does not adopt a resolution with findings explaining the reason the ordinance complies with this section and addressing the department’s findings, the department will notify the local agency and can notify the Attorney General that the local agency is in violation of state law (Sec. 1).

• Defines “accessory dwelling unit” as an attached or detached residential dwelling unit that provides complete independent living facilities for one or more individuals, and shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multi-family dwelling is or will be situated, and also includes efficiency units and manufactured homes (Sec. 1). 

• Authorizes a local agency, by ordinance, to provide for the creation of junior accessory dwelling units in single-family residential zones, and to require obtaining a permit for the creation of a junior accessory dwelling unit (Sec. 2).

• Requires the ordinances mentioned in the preceding highlight to (Sec. 2):

• Limit the number of junior accessory dwelling units to one per residential lot zoned for single-family residences with a single-family residence built, or proposed to be built, on the lot;

• Require owner-occupancy in the single-family residence in which the junior accessory dwelling unit will be permitted;

• Require the recordation of a deed restriction;

• Require a permitted junior accessory dwelling unit be constructed within the walls of the proposed or existing single-family residence;

• Require a permitted junior accessory dwelling to include a separate entrance from the main entrance to the proposed or existing single-family residence, with an interior entry to the main living area; and

• Require the permitted junior accessory dwelling unit to include an efficiency kitchen. 

• Defines “junior accessory dwelling unit” as a unit that is no more than 500 square feet in size and contained entirely within a single-family residence, and may include separate sanitation facilities, or may share sanitation facilities with the existing structure (Sec. 2).

Full Bill Text