S.B.229. Accessory dwelling units.

California Assembly
Last action 8 months ago
Polls (closed):
Yay (0)    Nay (0)

Summary

                    (1) 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 accessory dwelling units in single-family and multifamily residential zones, as specified. Existing law requires the ordinance to designate areas within the jurisdiction of the local agency where these units may be permitted, impose specified standards on these units, provide that accessory dwelling units do not exceed allowable density and are a residential use, as specified, and require these units to comply with specified conditions, including a requirement that the unit is not intended for sale separate from the primary residence and may be rented. Existing law establishes the maximum standards that local agencies are required to use to evaluate a proposed accessory dwelling unit on a lot zoned for residential use that contains an existing single-family dwelling.
                
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                    This bill instead would authorize a local agency to provide by ordinance for the creation of accessory dwelling units in areas zoned to allow single-family or multifamily use. The bill would authorize the ordinance to prohibit the sale or other conveyance of the unit separate from the primary residence. The bill would extend the use of the maximum standards to a proposed accessory dwelling unit on a lot zoned for residential use that includes a proposed single-family dwelling.

(2) Existing law authorizes the location of required replacement parking spaces in any configuration on an accessory dwelling unit lot when a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit.

This bill would extend this authorization to when the garage, carport, or covered parking structure is converted to an accessory dwelling unit. The bill would also define tandem parking for these purposes.

(3) Existing law prohibits an accessory dwelling unit from being considered a new residential use for the purposes of calculating local agency connection fees or capacity charges for utilities, including water and sewer service. Existing law prohibits, for an accessory dwelling unit constructed in an existing space, a local agency from requiring the applicant to install a new or separate utility connection directly between the accessory dwelling unit and the utility and from imposing a related connection fee or capacity charge.

This bill would extend the applicability of both of the above prohibitions to special districts and water corporations.

(4) Existing law requires a local agency that has adopted an ordinance authorizing the creation of accessory dwelling units to submit a copy of the ordinance to the Department of Housing and Community Development within 60 days of adoption of the ordinance.

This bill would authorize the department to review and comment on an ordinance submitted to the department pursuant to these provisions.

(5) This bill would incorporate additional changes to Section 65852.2 of the Government Code proposed by AB 494 to be operative only if this bill and AB 494 are enacted and this bill is enacted last.

(6) By increasing the duties of local officials with respect to land use regulations, 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.
                

In an effort to be an unbiased source of information, all text in this summary comes directly from government resources.

Actions

  • Chaptered by Secretary of State. Chapter 594, Statutes of 2017.

    Sun, Oct 8th 2017
  • Approved by the Governor.

    Sun, Oct 8th 2017
  • Enrolled and presented to the Governor at 4 p.m.

    Wed, Sep 20th 2017
  • Assembly amendments concurred in. (Ayes 40. Noes 0. Page 2904.) Ordered to engrossing and enrolling.

    Thu, Sep 14th 2017
  • Ordered to special consent calendar.

    Tue, Sep 12th 2017
  • In Senate. Concurrence in Assembly amendments pending.

    Mon, Sep 11th 2017
  • Read third time. Passed. (Ayes 76. Noes 2. Page 3156.) Ordered to the Senate.

    Mon, Sep 11th 2017
  • Ordered to third reading.

    Fri, Sep 8th 2017
  • Read third time and amended.

    Fri, Sep 8th 2017
  • Read second time. Ordered to third reading.

    Thu, Aug 24th 2017
  • From committee: Do pass. (Ayes 15. Noes 0.) (August 23).

    Wed, Aug 23rd 2017
  • From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR.

    Mon, Jul 17th 2017
  • From committee: Do pass and re-refer to Com. on APPR. (Ayes 9. Noes 0.) (July 12). Re-referred to Com. on APPR.

    Thu, Jul 13th 2017
  • Read second time and amended. Re-referred to Com. on L. GOV.

    Mon, Jul 3rd 2017
  • From committee: Do pass as amended and re-refer to Com. on L. GOV. (Ayes 7. Noes 0.) (June 28).

    Thu, Jun 29th 2017
  • From committee with author's amendments. Read second time and amended. Re-referred to Com. on H. & C.D.

    Mon, Jun 19th 2017
  • Referred to Coms. on H. & C.D. and L. GOV.

    Mon, Jun 5th 2017
  • In Assembly. Read first time. Held at Desk.

    Tue, May 23rd 2017
  • Read third time. Passed. (Ayes 37. Noes 0. Page 1145.) Ordered to the Assembly.

    Mon, May 22nd 2017
  • Read second time. Ordered to third reading.

    Mon, May 15th 2017
  • Published May 11 at 9 p.m.

    Mon, May 15th 2017
  • Ordered to second reading.

    Thu, May 11th 2017
  • Read third time and amended.

    Thu, May 11th 2017
  • Read second time. Ordered to third reading.

    Tue, May 2nd 2017
  • From committee: Be ordered to second reading pursuant to Senate Rule 28.8.

    Mon, May 1st 2017
  • Set for hearing May 1.

    Fri, Apr 21st 2017
  • Read second time and amended. Re-referred to Com. on APPR.

    Tue, Apr 18th 2017
  • From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 6. Noes 1. Page 622.) (April 5).

    Mon, Apr 17th 2017
  • Set for hearing April 5.

    Thu, Mar 30th 2017
  • From committee: Do pass and re-refer to Com. on GOV. & F. with recommendation: To consent calendar. (Ayes 12. Noes 0.) (March 28). Re-referred to Com. on GOV. & F.

    Tue, Mar 28th 2017
  • Set for hearing March 28.

    Tue, Mar 21st 2017
  • From committee with author's amendments. Read second time and amended. Re-referred to Com. on T. & H.

    Mon, Mar 13th 2017
  • Referred to Coms. on T. & H. and GOV. & F.

    Thu, Feb 16th 2017
  • From printer. May be acted upon on or after March 5.

    Fri, Feb 3rd 2017
  • Introduced. Read first time. To Com. on RLS. for assignment. To print.

    Thu, Feb 2nd 2017