California 2017-2018 Regular Session Status: Passed Assembly

AB 2071 — Accessory dwelling units: owner occupancy.

Last action — Ordered to inactive file at the request of Senator Allen.

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  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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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. That law sets forth the standards that the ordinance is required to impose, including, but not limited to, parking, height, setback, lot coverage, landscape, architectural review, maximum size of a unit, and standards that prevent adverse impacts on any real property that is listed in the California Register of Historic Places. Existing law requires the local agency to ministerially approve an application for a building permit to create within a single-family zone one accessory dwelling unit per lot if the unit is contained within the existing space of a single-family residence or accessory structure. In this instance, existing law authorizes a city to require owner-occupancy for either the primary residence or the accessory dwelling unit. The Planning and Zoning Law also authorizes a local agency to provide by ordinance for the creation of junior accessory dwelling units in single-family residential zones. Existing law requires this ordinance to require owner-occupancy in the single family residence in which the junior accessory dwelling unit will be permitted, except in instances when the owner is another governmental agency, land trust, or housing organization. This bill would require, when a local agency or ordinance requires owner-occupancy pursuant to the above-described provisions, the lot that contains the accessory dwelling unit or the single family residence in which the junior accessory dwelling unit is located to be deemed to be owner-occupied if the lot or single family residence is owned by a trust in which at least one beneficiary of the trust is a person with a disability and that person occupies the primary residence, accessory dwelling unit, or any part of the single-family residence.

Bill Text

Action History

  1. Ordered to inactive file at the request of Senator Allen.

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

  3. From committee: Amend, and do pass as amended. (Ayes 5. Noes 0.) (July 3).

  4. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on JUD.

  5. In committee: Hearing postponed by committee.

  6. In committee: Hearing postponed by committee.

  7. Referred to Com. on JUD.

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

  9. Read third time. Passed. Ordered to the Senate. (Ayes 69. Noes 0. Page 5251.)

  10. Read second time. Ordered to third reading.

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

  12. From committee: Amend, and do pass as amended. (Ayes 10. Noes 0.) (May 8).

  13. From committee: Do pass and re-refer to Com. on JUD. (Ayes 8. Noes 1.) (April 18). Re-referred to Com. on JUD.

  14. Referred to Coms. on L. GOV. and JUD.

  15. From printer. May be heard in committee March 10.

  16. 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

Do pass as amended

Passed 5 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 3002
Democratic 2000
Total 5002
% of votes cast 71%0%0%29%
How each member voted (7)
Member Party Vote
Anderson — Yea
Monning — Yea
Hertzberg — Not Voting
Moorlach — Yea
Wieckowski — Not Voting
Jackson, Corey A. Democratic Yea
Stern, Henry I. Democratic Yea

Official roll call →

AB 2071 BLOOM Assembly Third Reading

Passed 69 Yea · 0 Nay · 9 Other
Party YeaNayPresentNot Voting
Unaffiliated 49008
Democratic 15000
Republican 5001
Total 69009
% of votes cast 88%0%0%12%
How each member voted (78)
Member Party Vote
Acosta — Yea
Bigelow — Not Voting
Bloom — Yea
Brough — Yea
Holden — Yea
Kiley — Yea
Levine — Yea
Low — Yea
Maienschein — Yea
Mathis — Yea
O'Donnell — Not Voting
Rodriguez — Yea
Ting — Yea
Weber — Yea
Eggman — Not Voting
Cunningham — Yea
Frazier — Yea
Friedman — Yea
Gloria — Yea
Jones-Sawyer — Yea
Chiu — Yea
Chu — Yea
Melendez — Yea
Mullin — Yea
Thurmond — Yea
Voepel — Yea
Rubio — Yea
Harper — Yea
Kamlager-Dove — Yea
Salas — Yea
Burke — Yea
Fong — Yea
Mayes — Yea
Chau — Yea
Gonzalez Fletcher — Yea
McCarty — Yea
Medina — Yea
Gray — Not Voting
Nazarian — Yea
Obernolte — Not Voting
Quirk — Yea
Chávez — Yea
Baker — Yea
Cooley — Yea
Cooper — Yea
Daly — Yea
Rendon — Yea
Santiago — Yea
Steinorth — Yea
Waldron — Not Voting
Wood — Yea
Cristina Garcia — Not Voting
Eduardo Garcia — Not Voting
Jim Patterson — Yea
Mark Stone — Yea
Travis Allen — Yea
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 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 Not Voting
Dahle, Megan Republican Yea
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Lackey, Tom Republican Yea

Official roll call →

Do pass as amended.

Passed 10 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 8000
Democratic 2000
Total 10000
% of votes cast 100%0%0%0%
How each member voted (10)
Member Party Vote
Maienschein — Yea
Gonzalez Fletcher — Yea
Chau — Yea
Holden — Yea
Chiu — Yea
Cunningham — Yea
Kiley — Yea
Mark Stone — Yea
Kalra, Ash Democratic Yea
Reyes, Eloise Gómez Democratic Yea

Official roll call →

Subjects

housing
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Frequently asked questions

What does AB 2071 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. That law sets forth the standards that the ordinance is required to impose, including, but not limited to, parking, height, setback, lot coverage, landscape, architectural review, maximum size of a unit, and standards that prevent adverse impacts on any real property that is listed in the California Register of Historic Places. Existing law requires the local agency to ministerially approve an application for a building permit to create within a single-family zone one accessory dwelling unit per lot if the unit is contained within the existing space of a single-family residence or accessory structure. In this instance, existing law authorizes a city to require owner-occupancy for either the primary residence or the accessory dwelling unit. The Planning and Zoning Law also authorizes a local agency to provide by ordinance for the creation of junior accessory dwelling units in single-family residential zones. Existing law requires this ordinance to require owner-occupancy in the single family residence in which the junior accessory dwelling unit will be permitted, except in instances when the owner is another governmental agency, land trust, or housing organization. This bill would require, when a local agency or ordinance requires owner-occupancy pursuant to the above-described provisions, the lot that contains the accessory dwelling unit or the single family residence in which the junior accessory dwelling unit is located to be deemed to be owner-occupied if the lot or single family residence is owned by a trust in which at least one beneficiary of the trust is a person with a disability and that person occupies the primary residence, accessory dwelling unit, or any part of the single-family residence.
Who sponsors AB 2071?
AB 2071 is sponsored by Bloom.
What is the current status of AB 2071?
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 2071?
Track AB 2071 free on One Click Politics — get push/email alerts when it moves.

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