California 2017-2018 Regular Session Status: Enacted

AB 494 — Land use: accessory dwelling units.

Last action — Chaptered by Secretary of State - Chapter 602, Statutes of 2017.

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

This bill has been enacted into law. Introduced February 13, 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 3 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

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, as specified. That law requires the ordinance to require the accessory dwelling unit to comply with certain conditions, including, but not limited to, that the accessory dwelling unit is not intended for sale separate from the primary residence and may be rented. This bill would revise that condition to provide that the accessory dwelling unit may be rented separately from the primary residence. Existing law provides that no setback be required for an existing garage that is converted to an accessory dwelling unit, as specified. This bill also would provide that no setback be required for an existing garage that is converted to a portion of an accessory dwelling unit. Existing law requires that parking requirements for accessory dwelling units not exceed one parking space per unit or per bedroom and allows required parking spaces to be provided as tandem parking on an existing driveway. Existing law also requires specified offstreet parking to be permitted for an accessory dwelling unit unless, among other things, that specified offstreet parking is not allowed anywhere else in the jurisdiction. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit, and the local agency requires that those off­street parking spaces be replaced, existing law allows, with specified exceptions, the replacement spaces to be located in any configuration, including as tandem parking, on the same lot as the accessory dwelling unit. This bill instead would require that parking requirements for accessory dwelling units not exceed one parking space per unit or per bedroom, whichever is less. The bill would define tandem parking for these purposes and would also allow replacement parking spaces to be located in any configuration if a local agency requires replacement of offstreet parking spaces when a garage, carport, or covered parking structure is converted to an accessory dwelling unit. This bill would remove the prohibition on specified offstreet parking where that parking is not allowed anywhere else in the jurisdiction. Existing law requires ministerial, nondiscretionary approval of an application for a building permit to create within a single-family residential zone one accessory dwelling unit per single-family lot if the unit is contained within the existing space of a single-family residence or accessory structure and specified other conditions are met. This bill would provide that for these purposes, an accessory structure includes a studio, pool house, or other similar structure. The bill would also authorize a city to require owner occupancy for either the primary or the accessory unit created through this process. This bill would incorporate additional changes to Section 65852.2 of the Government Code proposed by SB 229 to be operative only if this bill and SB 229 are enacted and this bill is enacted last. 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 602, Statutes of 2017.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 12 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 76. Noes 1. Page 3366.).

  5. Assembly Rule 77(a) suspended. (Ayes 54. Noes 25. Page 3255.)

  6. In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 15 pursuant to Assembly Rule 77.

  7. Read third time. Passed. Ordered to the Assembly. (Ayes 40. Noes 0. Page 2776.).

  8. Read second time. Ordered to third reading.

  9. Read third time and amended. Ordered to second reading.

  10. Read second time. Ordered to third reading.

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

  12. From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 7. Noes 0.) (July 12). Re-referred to Com. on APPR.

  13. From committee: Do pass and re-refer to Com. on GOV. & F. with recommendation: To Consent Calendar. (Ayes 12. Noes 0.) (June 20). Re-referred to Com. on GOV. & F.

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

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

  16. Read third time. Passed. Ordered to the Senate. (Ayes 78. Noes 0. Page 1424.)

  17. Read second time. Ordered to third reading.

  18. From committee: Do pass. (Ayes 16. Noes 0.) (May 3).

  19. From committee: Do pass and re-refer to Com. on APPR. (Ayes 8. Noes 0.) (April 19). Re-referred to Com. on APPR.

  20. From committee: Do pass and re-refer to Com. on L. GOV. (Ayes 7. Noes 0.) (April 5). Re-referred to Com. on L. GOV.

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

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

  23. In committee: Hearing postponed by committee.

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

  25. From printer. May be heard in committee March 16.

  26. Read first time. To print.

Sponsors

  • Bloom · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

  • Bloom

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

AB 494 BLOOM Concurrence in Senate Amendments

Passed 76 Yea · 1 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 55102
Democratic 15000
Republican 6000
Total 76102
% of votes cast 96%1%0%3%
How each member voted (79)
Member Party Vote
Acosta — Yea
Baker — Yea
Bloom — Yea
Brough — Yea
Harper — Yea
Kiley — Yea
Maienschein — Yea
Mathis — Yea
Nazarian — Yea
O'Donnell — Nay
Ridley-Thomas — Yea
Rodriguez — Yea
Thurmond — Yea
Chiu — Yea
Gray — Yea
Gloria — Yea
Chau — Yea
Low — Yea
Mayes — Yea
Gonzalez Fletcher — Yea
Medina — Yea
Melendez — Yea
Fong — Yea
Salas — Yea
Mullin — Yea
Chu — Yea
Quirk — Yea
Santiago — Yea
Ting — Yea
Voepel — Yea
Weber — Yea
Wood — Yea
Bocanegra — Yea
Rubio — Yea
Frazier — Not Voting
Holden — Yea
Burke — Yea
Jones-Sawyer — Yea
Levine — Yea
Bigelow — Yea
Chávez — Yea
Cooley — Yea
McCarty — Yea
Obernolte — Yea
Rendon — Yea
Steinorth — Yea
Waldron — Yea
Cooper — Yea
Eggman — Not Voting
Cunningham — Yea
Dababneh — Yea
Daly — Yea
Friedman — 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 Yea
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 →

3rd Reading AB494 Bloom By Wieckowski

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
Bates — Yea
Hernandez — Yea
Hueso — Yea
Mendoza — Yea
Nielsen — Yea
Skinner — Yea
Cannella — Yea
Monning — Yea
Moorlach — Yea
Morrell — Yea
Wilk — Yea
De León — Yea
Portantino — Yea
Dodd — Yea
Galgiani — Yea
Glazer — Yea
Atkins — Yea
Hertzberg — Yea
Allen — Yea
Hill — Yea
Mitchell — Yea
Lara — Yea
Leyva — Yea
Newman — Yea
Pan — Yea
Roth — Yea
Vidak — Yea
Wieckowski — Yea
Beall — Yea
Bradford — Yea
Fuller — 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 →

Subjects

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 AB 494 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, as specified. That law requires the ordinance to require the accessory dwelling unit to comply with certain conditions, including, but not limited to, that the accessory dwelling unit is not intended for sale separate from the primary residence and may be rented. This bill would revise that condition to provide that the accessory dwelling unit may be rented separately from the primary residence. Existing law provides that no setback be required for an existing garage that is converted to an accessory dwelling unit, as specified. This bill also would provide that no setback be required for an existing garage that is converted to a portion of an accessory dwelling unit. Existing law requires that parking requirements for accessory dwelling units not exceed one parking space per unit or per bedroom and allows required parking spaces to be provided as tandem parking on an existing driveway. Existing law also requires specified offstreet parking to be permitted for an accessory dwelling unit unless, among other things, that specified offstreet parking is not allowed anywhere else in the jurisdiction. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit, and the local agency requires that those off­street parking spaces be replaced, existing law allows, with specified exceptions, the replacement spaces to be located in any configuration, including as tandem parking, on the same lot as the accessory dwelling unit. This bill instead would require that parking requirements for accessory dwelling units not exceed one parking space per unit or per bedroom, whichever is less. The bill would define tandem parking for these purposes and would also allow replacement parking spaces to be located in any configuration if a local agency requires replacement of offstreet parking spaces when a garage, carport, or covered parking structure is converted to an accessory dwelling unit. This bill would remove the prohibition on specified offstreet parking where that parking is not allowed anywhere else in the jurisdiction. Existing law requires ministerial, nondiscretionary approval of an application for a building permit to create within a single-family residential zone one accessory dwelling unit per single-family lot if the unit is contained within the existing space of a single-family residence or accessory structure and specified other conditions are met. This bill would provide that for these purposes, an accessory structure includes a studio, pool house, or other similar structure. The bill would also authorize a city to require owner occupancy for either the primary or the accessory unit created through this process. This bill would incorporate additional changes to Section 65852.2 of the Government Code proposed by SB 229 to be operative only if this bill and SB 229 are enacted and this bill is enacted last. 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 AB 494?
AB 494 is sponsored by Bloom.
What is the current status of AB 494?
This bill has been enacted into law. Introduced February 13, 2017. Enacted.
Where can I track AB 494?
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