AB 68 — Land use: accessory dwelling units.

Summary

(1) 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 requires such an ordinance to impose standards on accessory dwelling units, including, among others, lot coverage. Existing law also requires such an ordinance to require the accessory dwelling units to be either attached to, or located within, the living area of the proposed or existing primary dwelling, or detached from the proposed or existing primary dwelling and located on the same lot as the proposed or existing primary dwelling. This bill would delete the provision authorizing the imposition of standards on lot coverage and would prohibit an ordinance from imposing requirements on minimum lot size. The bill would revise the requirements for an accessory dwelling unit by providing that the accessory dwelling unit may be attached to, or located within, an attached garage, storage area, or an accessory structure, as defined. (2) Existing law requires a local agency to ministerially approve or deny a permit application for the creation of an accessory dwelling unit or a junior accessory dwelling unit within 120 days of receiving the application. This bill would instead require a local agency to ministerially approve or deny a permit application for the creation of an accessory dwelling unit or junior accessory dwelling unit within 60 days from the date the local agency receives a completed application if there is an existing single-family or multifamily dwelling on the lot, and would authorize the permitting agency to delay acting on the permit application if the permit application is submitted with a permit application to create a new single-family or multifamily dwelling on the lot, as specified. (3) Existing law prohibits the establishment by ordinance of minimum or maximum size for an accessory dwelling unit, or size based upon a percentage of the proposed or existing primary dwelling, if the limitations do not permit at least an efficiency unit to be constructed. This bill would instead prohibit the imposition of those limitations if they do not permit at least an 800 square foot accessory dwelling unit that is at least 16 feet in height with 4-foot side and rear yard setbacks to be constructed. This bill would additionally prohibit the imposition of limits on lot coverage, floor area ratio, open space, and minimum lot size if they prohibit the construction of an accessory dwelling unit meeting those specifications. (4) Existing law requires ministerial approval of a building permit to create within a zone for single-family use one accessory dwelling unit per single-family lot, subject to specified conditions and requirements. This bill would instead require ministerial approval of an application for a building permit within a residential or mixed-use zone to create the following: (1) one accessory dwelling unit and one junior accessory dwelling unit per lot with a proposed or existing single-family dwelling if certain requirements are met; (2) a detached, new construction accessory dwelling unit that meets certain requirements and would authorize a local agency to impose specified conditions relating to floor area and height on that unit; (3) multiple accessory dwelling units within the portions of an existing multifamily dwelling structure provided those units meet certain requirements; or (4) not more than two accessory dwelling units that are located on a lot that has an existing multifamily dwelling, but are detached from that multifamily dwelling and are subject to certain height and rear yard and side setback requirements. (5) Existing law requires a local agency to submit its accessory dwelling unit ordinance to the Department of Housing and Community Development within 60 days after adoption and authorizes the department to review and comment on the ordinance. This bill would instead authorize the department to submit written findings to a local agency as to whether the local ordinance complies with state law, and would require the local agency to consider the department's findings and to amend its ordinance to comply with state law or adopt a resolution with specified findings. The bill would require the department to notify the Attorney General that the local agency is in violation of state law if the local agency does not amend its ordinance or adopt a resolution with specified findings. (6) This bill would also prohibit a local agency from issuing a certificate of occupancy for an accessory dwelling unit before issuing a certificate of occupancy for the primary residence. (7) This bill 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. (8) This bill would make other conforming changes, including revising definitions and changes clarifying that the above-specified provisions regulating accessory dwelling units and junior accessory dwelling units also apply to the creation of accessory dwelling units and junior accessory dwelling units on proposed structures to be constructed. (9) This bill would incorporate additional changes to Section 65852.2 of the Government Code proposed by AB 881 and SB 13 to be operative only if this bill and either or both AB 881 and SB 13 are enacted and this bill is enacted last. (10) 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

• Chaptered 10/09/19 - Chaptered Current pdf October 09, 2019
• Enrolled 09/20/19 - Enrolled pdf September 20, 2019
• Amended 09/09/19 - Amended Senate pdf September 09, 2019
• Amended 07/05/19 - Amended Senate pdf July 05, 2019
• Amended 06/12/19 - Amended Senate pdf June 12, 2019
• Amended 04/03/19 - Amended Assembly pdf April 03, 2019
• Amended 03/27/19 - Amended Assembly pdf March 27, 2019
• Introduced 12/03/18 - Introduced pdf December 03, 2018
• AB68 View text html

Action History

1. October 09, 2019

   Chaptered by Secretary of State - Chapter 655, Statutes of 2019.

2. October 09, 2019

   Approved by the Governor.

3. September 26, 2019

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

4. September 13, 2019

   Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 66. Noes 5. Page 3561.).

5. September 13, 2019

   In Assembly. Concurrence in Senate amendments pending.

6. September 13, 2019

   Read third time. Passed. Ordered to the Assembly. (Ayes 26. Noes 10. Page 2925.).

7. September 10, 2019

   Read second time. Ordered to third reading.

8. September 09, 2019

   Read third time and amended. Ordered to second reading.

9. September 09, 2019

   Joint Rule 61 suspended. (Ayes 29. Noes 7. Page 2690.)

10. August 30, 2019

    Read second time. Ordered to third reading.

11. August 30, 2019

    From committee: Do pass. (Ayes 5. Noes 2.) (August 30).

12. August 12, 2019

    In committee: Referred to APPR. suspense file.

13. July 10, 2019

    From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 0.) (July 10). Re-referred to Com. on APPR.

14. July 05, 2019

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

15. July 03, 2019

    From committee: Do pass and re-refer to Com. on GOV. & F. (Ayes 4. Noes 1.) (July 3). Re-referred to Com. on GOV. & F.

16. June 19, 2019

    From committee: Do pass and re-refer to Com. on EQ. (Ayes 9. Noes 0.) (June 18). Re-referred to Com. on EQ.

17. June 12, 2019

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

18. May 29, 2019

    Referred to Coms. on HOUSING, EQ. and GOV. & F.

19. May 23, 2019

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

20. May 22, 2019

    Read third time. Passed. Ordered to the Senate. (Ayes 61. Noes 10. Page 1784.)

21. May 20, 2019

    Read second time. Ordered to third reading.

22. May 16, 2019

    From committee: Do pass. (Ayes 15. Noes 1.) (May 16).

23. May 16, 2019

    Coauthors revised.

24. April 24, 2019

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

25. April 11, 2019

    From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 1.) (April 10). Re-referred to Com. on APPR.

26. April 04, 2019

    Re-referred to Com. on L. GOV.

27. April 03, 2019

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

28. April 03, 2019

    From committee: Do pass and re-refer to Com. on L. GOV. (Ayes 6. Noes 0.) (April 3). Re-referred to Com. on L. GOV.

29. March 28, 2019

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

30. March 27, 2019

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

31. March 26, 2019

    In committee: Hearing postponed by committee.

32. January 17, 2019

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

33. December 04, 2018

    From printer. May be heard in committee January 3.

34. December 03, 2018

    Read first time. To print.

Sponsors

• Ting · Primary
• Friedman · Cosponsor
• Gloria · Cosponsor
• Timothy S. Grayson · Cosponsor
• Eloise Gómez Reyes · Cosponsor
• Buffy Wicks · Cosponsor
• Nielsen · Cosponsor
• Skinner · Cosponsor
• Scott D. Wiener · Cosponsor

Votes

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