California 2017-2018 Regular Session Status: Passed Senate 1 D cosponsors

SB 831 — Land use: accessory dwelling units.

Last action — Held in committee without recommendation.

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

This bill died with 2017-2018 Regular Session. It reached “Passed Senate” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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, requires that ordinance to designate areas where accessory dwelling units may be permitted, and sets forth standards the ordinance is required to impose, including, among others, maximum unit size, parking, and height standards. Existing law requires a local agency to submit an ordinance adopted for the creation of accessory dwelling units to the Department of Housing and Community Development and authorizes the department to review and comment on the ordinance. Existing law requires an application for an accessory dwelling unit permit to be considered, as specified, within 120 days of receiving it. This bill would require the ordinance for the creation of accessory dwelling units to designate areas where accessory dwelling units may be excluded for health and safety purposes, as specified. The bill would revise the standards for the local ordinance to, among other things, delete the authority to include lot coverage standards, and include a prohibition on considering the square footage of a proposed accessory dwelling unit when calculating an allowable floor-to-area ratio or lot coverage ratio for the lot. The bill would require that a permit application for an accessory dwelling unit be approved or disapproved within 60 days and would specify that if a local agency does not act on an application for a accessory dwelling unit within 60 days, then the application shall be deemed approved. The bill would prohibit a local agency from requiring that offstreet parking spaces be replaced when a garage, carport, or covered parking structure is demolished or converted in conjunction with the construction of an accessory dwelling unit. The bill would prohibit another local ordinance, policy, or regulation from being the basis for the delay of the issuance of a building permit or use permit for an accessory dwelling unit. The bill would delete provisions authorizing a local agency to require owner occupancy by the permit applicant and would declare an agreement with a local agency to maintain owner occupancy as void and unenforceable. The bill would authorize the department, upon submission of an adopted ordinance for the creation of accessory dwelling units, to submit written findings to the local agency regarding whether the ordinance complies with statutory provisions. The bill would authorize the department to adopt guidelines to implement uniform standards or criteria to supplement or clarify the terms, references, or standards set forth in statute and would exempt the adoption of those guidelines from the Administrative Procedure Act. The bill would, until January 1, 2029, also require a local building official, upon request of the owner of the accessory dwelling unit, to approve a delay of not less than 10 years of the enforcement of any building code requirement that, in the judgment of the building official, is not necessary to protect public health and safety. By increasing the duties of local agencies with respect to land use regulations, the bill would impose a state-mandated local program. This bill would also require the department to notify the city, county, or city and county and authorize notice to the Attorney General when the city, county, or city and county is not substantially complying with the above-described provisions regarding accessory dwelling units. The bill would require a local agency to ministerially approve an application for a building permit to create one or more accessory dwelling units if certain criteria are met. Existing law authorizes a local agency to provide by ordinance for the creation of junior accessory dwelling units, as defined, in single-family residential zones and requires the ordinance to include, among other things, standards for the creation of a junior accessory dwelling unit, required deed restrictions, and occupancy requirements. Existing law prohibits an ordinance from requiring, as a condition of granting a permit for a junior accessory dwelling unit, additional parking requirements. The bill would require a local agency to ministerially approve the creation of junior accessory dwelling units in single-family residential zones, if specified criteria are met. 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. Held in committee without recommendation.

  2. June 27 set for first hearing.Testimony taken.

  3. From committee with author's amendments. Read second time and amended. Re-referred to Com. on L. GOV.

  4. From committee: Do pass and re-refer to Com. on L. GOV. (Ayes 6. Noes 1.) (June 20). Re-referred to Com. on L. GOV.

  5. Assembly Rule 56 suspended.

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

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

  8. Read third time. Passed. (Ayes 33. Noes 1. Page 4397.) Ordered to the Assembly.

  9. Read second time. Ordered to third reading.

  10. Read second time and amended. Ordered to second reading.

  11. From committee: Do pass as amended. (Ayes 7. Noes 0. Page 4298.) (May 25).

  12. Set for hearing May 25.

  13. May 22 hearing: Placed on APPR. suspense file.

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

  15. Set for hearing May 22.

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

  17. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 6. Noes 0. Page 4810.) (April 25).

  18. Set for hearing April 25.

  19. From committee: Do pass and re-refer to Com. on GOV. & F. (Ayes 11. Noes 0. Page 4723.) (April 17). Re-referred to Com. on GOV. & F.

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

  21. Set for hearing April 17.

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

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

  24. From printer. May be acted upon on or after February 4.

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

Sponsors

  • Atkins · Cosponsor
  • Skinner · Cosponsor
  • Wieckowski · Primary
  • Scott D. Wiener · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 3 co-sponsors · 118 not signed on

Sponsors (1)

  • Wieckowski

Co-sponsors (3)

Not signed on (118)

118 members have not signed on to this bill.

Show all 118 →

"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

3rd Reading SB831 Wieckowski et al.

Passed 33 Yea · 1 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 30103
Democratic 3002
Total 33105
% of votes cast 85%3%0%13%
How each member voted (39)
Member Party Vote
Anderson — Yea
Bates — Yea
Beall — Yea
Leyva — Yea
Newman — Yea
Vidak — Yea
Wilk — Yea
Fuller — Yea
Galgiani — Yea
Atkins — Yea
Cannella — Yea
Mitchell — Yea
Hernandez — Yea
De León — Not Voting
Portantino — Not Voting
Allen — Not Voting
Dodd — Yea
Hertzberg — Yea
Hill — Yea
Bradford — Yea
Hueso — Yea
Lara — Yea
Monning — Yea
Moorlach — Yea
Morrell — Yea
Nielsen — Yea
Pan — Yea
Roth — Yea
Skinner — Yea
Wieckowski — Yea
Glazer — Nay
Beth Gaines — Yea
Bill Berryhill — Yea
Mark Stone — Yea
Jackson, Corey A. Democratic Not Voting
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Yea
Stern, Henry I. Democratic Not Voting
Wiener, Scott D. Democratic Yea

Official roll call →

Do pass as amended

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
Hill — Yea
Nielsen — Yea
Lara — Yea
Beall — Yea
Wiener, Scott D. Democratic Yea

Official roll call →

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
Hill — Yea
Lara — Yea
Nielsen — Yea
Bates — Yea
Beall — Yea
Bradford — Yea
Wiener, Scott D. Democratic Yea

Official roll call →

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

Passed 11 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 9002
Democratic 2000
Total 11002
% of votes cast 85%0%0%15%
How each member voted (13)
Member Party Vote
Beall — Yea
Wieckowski — Yea
Cannella — Yea
Allen — Not Voting
Morrell — Yea
Dodd — Yea
Roth — Yea
Skinner — Yea
Vidak — Yea
Galgiani — 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 831 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, requires that ordinance to designate areas where accessory dwelling units may be permitted, and sets forth standards the ordinance is required to impose, including, among others, maximum unit size, parking, and height standards. Existing law requires a local agency to submit an ordinance adopted for the creation of accessory dwelling units to the Department of Housing and Community Development and authorizes the department to review and comment on the ordinance. Existing law requires an application for an accessory dwelling unit permit to be considered, as specified, within 120 days of receiving it. This bill would require the ordinance for the creation of accessory dwelling units to designate areas where accessory dwelling units may be excluded for health and safety purposes, as specified. The bill would revise the standards for the local ordinance to, among other things, delete the authority to include lot coverage standards, and include a prohibition on considering the square footage of a proposed accessory dwelling unit when calculating an allowable floor-to-area ratio or lot coverage ratio for the lot. The bill would require that a permit application for an accessory dwelling unit be approved or disapproved within 60 days and would specify that if a local agency does not act on an application for a accessory dwelling unit within 60 days, then the application shall be deemed approved. The bill would prohibit a local agency from requiring that offstreet parking spaces be replaced when a garage, carport, or covered parking structure is demolished or converted in conjunction with the construction of an accessory dwelling unit. The bill would prohibit another local ordinance, policy, or regulation from being the basis for the delay of the issuance of a building permit or use permit for an accessory dwelling unit. The bill would delete provisions authorizing a local agency to require owner occupancy by the permit applicant and would declare an agreement with a local agency to maintain owner occupancy as void and unenforceable. The bill would authorize the department, upon submission of an adopted ordinance for the creation of accessory dwelling units, to submit written findings to the local agency regarding whether the ordinance complies with statutory provisions. The bill would authorize the department to adopt guidelines to implement uniform standards or criteria to supplement or clarify the terms, references, or standards set forth in statute and would exempt the adoption of those guidelines from the Administrative Procedure Act. The bill would, until January 1, 2029, also require a local building official, upon request of the owner of the accessory dwelling unit, to approve a delay of not less than 10 years of the enforcement of any building code requirement that, in the judgment of the building official, is not necessary to protect public health and safety. By increasing the duties of local agencies with respect to land use regulations, the bill would impose a state-mandated local program. This bill would also require the department to notify the city, county, or city and county and authorize notice to the Attorney General when the city, county, or city and county is not substantially complying with the above-described provisions regarding accessory dwelling units. The bill would require a local agency to ministerially approve an application for a building permit to create one or more accessory dwelling units if certain criteria are met. Existing law authorizes a local agency to provide by ordinance for the creation of junior accessory dwelling units, as defined, in single-family residential zones and requires the ordinance to include, among other things, standards for the creation of a junior accessory dwelling unit, required deed restrictions, and occupancy requirements. Existing law prohibits an ordinance from requiring, as a condition of granting a permit for a junior accessory dwelling unit, additional parking requirements. The bill would require a local agency to ministerially approve the creation of junior accessory dwelling units in single-family residential zones, if specified criteria are met. 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 831?
SB 831 is sponsored by Atkins, Skinner, Wieckowski, and Wiener, Scott D. (Democratic).
What is the current status of SB 831?
This bill died with 2017-2018 Regular Session. It reached “Passed Senate” 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 SB 831?
Track SB 831 free on One Click Politics — get push/email alerts when it moves.

Make your voice heard on SB 831

Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.

Find my representatives → Run a campaign

Stay ahead of SB 831

Last checked for changes 2 months ago · updated continuously

One Click Politics tracks every bill in Congress and all 50 states.

Track this bill →