California 2017-2018 Regular Session Status: Enacted

SB 229 — Accessory dwelling units.

Last action — Chaptered by Secretary of State. Chapter 594, Statutes of 2017.

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

This bill has been enacted into law. Introduced February 02, 2017. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 8 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

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. 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.

Bill Text

Action History

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

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 4 p.m.

  4. Assembly amendments concurred in. (Ayes 40. Noes 0. Page 2904.) Ordered to engrossing and enrolling.

  5. Ordered to special consent calendar.

  6. In Senate. Concurrence in Assembly amendments pending.

  7. Read third time. Passed. (Ayes 76. Noes 2. Page 3156.) Ordered to the Senate.

  8. Ordered to third reading.

  9. Read third time and amended.

  10. Read second time. Ordered to third reading.

  11. From committee: Do pass. (Ayes 15. Noes 0.) (August 23).

  12. From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR.

  13. From committee: Do pass and re-refer to Com. on APPR. (Ayes 9. Noes 0.) (July 12). Re-referred to Com. on APPR.

  14. Read second time and amended. Re-referred to Com. on L. GOV.

  15. From committee: Do pass as amended and re-refer to Com. on L. GOV. (Ayes 7. Noes 0.) (June 28).

  16. From committee with author's amendments. Read second time and amended. Re-referred to Com. on H. & C.D.

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

  18. In Assembly. Read first time. Held at Desk.

  19. Read third time. Passed. (Ayes 37. Noes 0. Page 1145.) Ordered to the Assembly.

  20. Published May 11 at 9 p.m.

  21. Read second time. Ordered to third reading.

  22. Ordered to second reading.

  23. Read third time and amended.

  24. Read second time. Ordered to third reading.

  25. From committee: Be ordered to second reading pursuant to Senate Rule 28.8.

  26. Set for hearing May 1.

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

  28. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 6. Noes 1. Page 622.) (April 5).

  29. Set for hearing April 5.

  30. 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.

  31. Set for hearing March 28.

  32. From committee with author's amendments. Read second time and amended. Re-referred to Com. on T. & H.

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

  34. From printer. May be acted upon on or after March 5.

  35. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

  • Wieckowski · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on · 2 voted No

Sponsors (1)

  • Wieckowski

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"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

Special Consent Calendar SB229

Passed 40 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 35000
Democratic 5000
Total 40000
% of votes cast 100%0%0%0%
How each member voted (40)
Member Party Vote
Anderson — Yea
Beall — Yea
Bradford — Yea
Monning — Yea
Newman — Yea
Roth — Yea
Wieckowski — Yea
Fuller — Yea
Galgiani — Yea
Cannella — Yea
Glazer — Yea
Allen — Yea
De León — Yea
Portantino — Yea
Atkins — Yea
Mitchell — Yea
Hernandez — Yea
Hertzberg — Yea
Hill — Yea
Bates — Yea
Dodd — Yea
Hueso — Yea
Lara — Yea
Leyva — Yea
Mendoza — Yea
Moorlach — Yea
Morrell — Yea
Nielsen — Yea
Pan — Yea
Skinner — Yea
Vidak — Yea
Wilk — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Mark Stone — Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Yea
Stern, Henry I. Democratic Yea
Wiener, Scott D. Democratic Yea

Official roll call →

SB 229 Wieckowski Senate Third Reading By BLOOM

Passed 76 Yea · 2 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 56101
Democratic 14100
Republican 6000
Total 76201
% of votes cast 96%3%0%1%
How each member voted (79)
Member Party Vote
Acosta — Yea
Bloom — Yea
Brough — Not Voting
Harper — Yea
Jones-Sawyer — Yea
Kiley — Yea
Levine — Yea
Maienschein — Yea
Mathis — Yea
Nazarian — Yea
Obernolte — Yea
Ting — Yea
Voepel — Yea
Weber — Yea
Eggman — Yea
Cunningham — Yea
Daly — Yea
Frazier — Yea
Friedman — Yea
Gloria — Yea
Holden — Yea
Low — Yea
Melendez — Yea
Rubio — Yea
Bigelow — Yea
Chiu — Yea
Chu — Yea
Chávez — Yea
Cooper — Yea
Mullin — Yea
Ridley-Thomas — Yea
Thurmond — Yea
Waldron — Yea
Salas — Yea
Bocanegra — Yea
Burke — Yea
Fong — Yea
Gray — Yea
Gonzalez Fletcher — Yea
Mayes — Yea
McCarty — Yea
Medina — Yea
Chau — Yea
O'Donnell — Nay
Quirk — Yea
Rendon — Yea
Baker — Yea
Cooley — Yea
Dababneh — Yea
Rodriguez — Yea
Santiago — Yea
Steinorth — Yea
Wood — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Yea
Mark Stone — Yea
Travis Allen — 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 Yea
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 Nay
Quirk-Silva, Sharon Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Chen, Phillip Republican Yea
Choi, Steven S. Republican Yea
Dahle, Megan Republican Yea
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Lackey, Tom Republican Yea

Official roll call →

Do pass.

Passed 15 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 11002
Democratic 3000
Republican 1000
Total 15002
% of votes cast 88%0%0%12%
How each member voted (17)
Member Party Vote
Bloom — Not Voting
Brough — Yea
Eggman — Yea
Friedman — Yea
Gray — Yea
Gonzalez Fletcher — Yea
Bocanegra — Yea
Fong — Yea
Jones-Sawyer — Yea
Bigelow — Yea
Chau — Yea
Obernolte — Yea
Eduardo Garcia — Not Voting
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Gallagher, James Republican Yea

Official roll call →

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

Passed 9 Yea · 0 Nay
Party YeaNayPresentNot Voting
Democratic 3000
Unaffiliated 5000
Republican 1000
Total 9000
% of votes cast 100%0%0%0%
How each member voted (9)
Member Party Vote
Bloom — Yea
Waldron — Yea
Gonzalez Fletcher — Yea
Ridley-Thomas — Yea
Voepel — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Caballero, Anna M. Democratic Yea
Grayson, Timothy S. Democratic Yea
Lackey, Tom Republican Yea

Official roll call →

3rd Reading

Passed 37 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 32003
Democratic 5000
Total 37003
% of votes cast 93%0%0%8%
How each member voted (40)
Member Party Vote
Anderson — Not Voting
Bradford — Yea
Hertzberg — Yea
Mendoza — Yea
Morrell — Yea
Glazer — Yea
Cannella — Yea
Fuller — Not Voting
Galgiani — Yea
Allen — Yea
De León — Yea
Portantino — Yea
Atkins — Yea
Mitchell — Yea
Hernandez — Yea
Hill — Yea
Hueso — Yea
Bates — Yea
Beall — Yea
Dodd — Yea
Lara — Yea
Leyva — Yea
Monning — Yea
Moorlach — Yea
Newman — Yea
Nielsen — Yea
Pan — Not Voting
Roth — Yea
Skinner — Yea
Vidak — Yea
Wieckowski — Yea
Wilk — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Mark Stone — Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Yea
Stern, Henry I. Democratic Yea
Wiener, Scott D. Democratic Yea

Official roll call →

Do pass, but first be re-referred to the Committee on [Governance and Finance] with the recommendation: To Consent Calendar

Passed 12 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 10001
Democratic 2000
Total 12001
% of votes cast 92%0%0%8%
How each member voted (13)
Member Party Vote
Bates — Yea
Wieckowski — Yea
Allen — Yea
Atkins — Yea
Cannella — Yea
Mendoza — Yea
Beall — Yea
Morrell — Yea
Roth — Yea
Skinner — Yea
Beth Gaines — Not Voting
McGuire, Mike Democratic Yea
Wiener, Scott D. Democratic Yea

Official roll call →

Subjects

public-safety housing
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 229 do?
(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. 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.
Who sponsors SB 229?
SB 229 is sponsored by Wieckowski.
What is the current status of SB 229?
This bill has been enacted into law. Introduced February 02, 2017. Enacted.
Where can I track SB 229?
Track SB 229 free on One Click Politics — get push/email alerts when it moves.

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