California 2017-2018 Regular Session Status: Passed Assembly

AB 2890 — Land use: accessory dwelling units.

Last action — (Ayes 26. Noes 11. Page 5341.)

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Assembly
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2017-2018 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

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.

Bill Text

Action History

  1. (Ayes 26. Noes 11. Page 5341.)

  2. Re-referred to Com. on RLS.

  3. Withdrawn from committee.

  4. In committee: Referred to APPR. suspense file.

  5. Read second time and amended. Re-referred to Com. on APPR.

  6. From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 5. Noes 1.) (June 27).

  7. From committee: Do pass and re-refer to Com. on GOV. & F. (Ayes 10. Noes 2.) (June 19). Re-referred to Com. on GOV. & F.

  8. Referred to Coms. on T. & H. and GOV. & F.

  9. In Senate. Read first time. To Com. on RLS. for assignment.

  10. Read third time. Passed. Ordered to the Senate. (Ayes 53. Noes 17. Page 5475.)

  11. Read second time. Ordered to third reading.

  12. Read second time and amended. Ordered returned to second reading.

  13. From committee: Amend, and do pass as amended. (Ayes 12. Noes 1.) (May 25).

  14. In committee: Set, first hearing. Referred to APPR. suspense file.

  15. Re-referred to Com. on APPR.

  16. Read second time and amended.

  17. From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 6. Noes 2.) (April 25).

  18. From committee: Do pass and re-refer to Com. on L. GOV. (Ayes 6. Noes 1.) (April 25). Re-referred to Com. on L. GOV.

  19. Re-referred to Com. on H. & C.D.

  20. From committee chair, with author's amendments: Amend, and re-refer to Com. on H. & C.D. Read second time and amended.

  21. (pending re-refer to Com. on L. GOV.)

  22. Assembly Rule 56 suspended. (Page 4630.)

  23. Re-referred to Com. on H. & C.D.

  24. From committee chair, with author's amendments: Amend, and re-refer to Com. on H. & C.D. Read second time and amended.

  25. Referred to Coms. on H. & C.D. and L. GOV.

  26. From printer. May be heard in committee March 19.

  27. Read first time. To print.

Sponsors

  • Skinner · Cosponsor
  • Ting · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 1 co-sponsors · 120 not signed on · 7 voted No

Sponsors (1)

  • Ting

Co-sponsors (1)

  • Skinner

Not signed on (120)

120 members have not signed on to this bill.

Show all 120 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Placed on suspense file

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 6000
Democratic 1000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Bates — Yea
Bradford — Yea
Beall — Yea
Hill — Yea
Portantino — Yea
Nielsen — Yea
Wiener, Scott D. Democratic Yea

Official roll call →

Do pass, but first be re-referred to the Committee on [Governance and Finance]

Passed 10 Yea · 2 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 8201
Democratic 2000
Total 10201
% of votes cast 77%15%0%8%
How each member voted (13)
Member Party Vote
Beall — Yea
Wieckowski — Yea
Dodd — Yea
Cannella — Yea
Galgiani — Yea
Allen — Yea
Morrell — Nay
Roth — Yea
Skinner — Yea
Vidak — Nay
Beth Gaines — Not Voting
McGuire, Mike Democratic Yea
Wiener, Scott D. Democratic Yea

Official roll call →

AB 2890 TING Assembly Third Reading

Passed 53 Yea · 17 Nay · 8 Other
Party YeaNayPresentNot Voting
Unaffiliated 401106
Democratic 13101
Republican 0501
Total 531708
% of votes cast 68%22%0%10%
How each member voted (78)
Member Party Vote
Acosta — Yea
Baker — Nay
Bigelow — Not Voting
Bloom — Yea
Brough — Not Voting
Harper — Nay
Kamlager-Dove — Yea
Levine — Yea
Rodriguez — Yea
Steinorth — Yea
Waldron — Nay
Weber — Yea
Cooper — Yea
Eggman — Yea
Cunningham — Yea
Daly — Not Voting
Burke — Yea
Frazier — Yea
Friedman — Yea
Gloria — Yea
Holden — Yea
Jones-Sawyer — Yea
Low — Yea
Mayes — Yea
Salas — Yea
McCarty — Yea
Gray — Yea
Gonzalez Fletcher — Yea
Chau — Yea
Chiu — Yea
Chu — Yea
Medina — Yea
Mullin — Yea
Nazarian — Yea
Quirk — Yea
Rendon — Yea
Santiago — Yea
Thurmond — Yea
Wood — Yea
Rubio — Not Voting
Fong — Not Voting
Kiley — Nay
Maienschein — Nay
Mathis — Not Voting
Melendez — Nay
Chávez — Nay
Cooley — Yea
O'Donnell — Nay
Obernolte — Nay
Ting — Yea
Voepel — Nay
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Yea
Mark Stone — Yea
Travis Allen — Nay
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Berman, Marc Democratic Yea
Bonta, Mia Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Nay
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Not Voting
Quirk-Silva, Sharon Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Chen, Phillip Republican Nay
Choi, Steven S. Republican Not Voting
Dahle, Megan Republican Nay
Flora, Heath Republican Nay
Gallagher, James Republican Nay
Lackey, Tom Republican Nay

Official roll call →

Do pass as amended.

Passed 12 Yea · 1 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 9004
Democratic 3000
Republican 0100
Total 12104
% of votes cast 71%6%0%24%
How each member voted (17)
Member Party Vote
Bigelow — Not Voting
Bloom — Yea
Brough — Not Voting
Nazarian — Yea
Eggman — Yea
Gonzalez Fletcher — Yea
Friedman — Yea
Fong — Not Voting
Obernolte — Not Voting
Chau — Yea
Quirk — Yea
Eduardo Garcia — Yea
Wendy Carrillo — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Gallagher, James Republican Nay

Official roll call →

Do pass as amended and be re-referred to the Committee on [Appropriations]

Passed 6 Yea · 2 Nay · 1 Other
Party YeaNayPresentNot Voting
Democratic 3000
Unaffiliated 3101
Republican 0100
Total 6201
% of votes cast 67%22%0%11%
How each member voted (9)
Member Party Vote
Bloom — Yea
Waldron — Nay
Cooley — Yea
Voepel — Not Voting
Mark Stone — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Caballero, Anna M. Democratic Yea
Grayson, Timothy S. Democratic Yea
Lackey, Tom Republican Nay

Official roll call →

Subjects

housing
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Frequently asked questions

What does AB 2890 do?
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.
Who sponsors AB 2890?
AB 2890 is sponsored by Skinner and Ting.
What is the current status of AB 2890?
This bill died with 2017-2018 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 2890?
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