AB
2406,
Junior Accessory Dwelling Units.
San Jose has not adopted this option because it requires one of the units
to be owner-occupied. |
These laws that
took effect Jan. 1 2017 —
AB2299 and SB1069 — amend the state law governing second units and
rename them “accessory dwelling units. Would try to make it easier for
homeowners to add another housing unit in their backyards or as part of
their existing homes. |
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The inference here is
that if a rented room (with or without a sink) is not in a JUNIOR
ACCESSORY UNIT then it is illegal
ELSE
if you want to add a sink,
( to rent out a room or rooms as self sufficient ),
you need a DEED RESTRICTION, a PERMIT and an INSPECTION !
But if there is no SEPARATE ENTRANCE or
it doesn't INCLUDE AN EXISTING BEDROOM
you don't !
Or to put it another way
--- you cannot plumb a sink to a spare room or bedroom unless it is part of
a deed restricted, permitted, inspected JUNIOR ACCESSORY UNIT
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 | Waives PARKING REQUIREMENTS |
| Elimination of water and sewer hookup fees. |
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AB2299 |
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SB1069 |
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The Planning and Zoning Law authorizes a local agency to
provide by ordinance for the creation of 2nd units in single-family and
multifamily residential areas, as prescribed.
This bill would, in addition, authorize a local agency to
provide by ordinance for the creation of junior
accessory dwelling units, as defined, in single-family
residential zones.
The bill would require the ordinance to include, among other things,
standards for the creation of a junior accessory dwelling unit, required deed restrictions, and occupancy requirements.
The bill would prohibit an ordinance from requiring, as a condition of
granting a permit for a junior accessory dwelling
unit, additional parking
requirements.
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ACCESSORY DWELLING UNITS
AND JUNIOR ACCESSORY DWELLING UNITS A trio of State bills related to Accessory Dwelling Units went into
effect on January 1, 2017. These bills are
Assembly Bill 2299 and SB 1069 are both
mandatory, and preempted local legislation
regarding Accessory Dwelling Units (ADUs) as of
January 1, 2017.
Accessory Dwelling Units are the successor to
residential second units that have been allowed
by the County since the early 1980s.
Assembly Bill 2406 relates to
Junior Accessory Dwelling Units, and it
authorizes local agencies to define and regulate
Junior Accessory Dwelling Units (JADUs),
but contains no mandate to do so.
A number of years ago the County amended its Development
Code to allow small food preparation facilities in residential room rentals
without special planning permits, thereby establishing a forerunner to the
Junior Accessory Dwelling Units that have
gained more recent popularity as an affordable housing strategy.
The proposed amendments bring County code into compliance with these
State laws. The amendments lay out standards and a ministerial
permitting process for
ADUs, and also contain important exemptions.
One exemption applies to properties in single family residential zones that
were developed before January 1, 2017 (the effective date of the State
legislation). ADUs on those properties are
subject only to building permit approval
and are exempt from the
ADU standards, including floor area and
parking.
When installing an ADU is subject to an ADU
permit,(that is it's after 2016) the maximum floor area of that ADU is
limited to 1,200 square feet and an additional
parking space needs to be provided.
As recommended by the Planning Commission, a property
owner could not have both an ADU and a
JADU on the same property, but there is no prohibition against this in State
law.
JADUs, which are essentially separate living
areas with wet bars in existing residences, are
also exempt from ADU permit
requirements. Wet bars can be installed with
building permits, but the County would only
recognize a living area with a wet bar as a
JADU if the property owner creates a
separate entrance and voluntarily commits
to owner occupancy of the property. |
Bill Text The people of the State of California do enact as
follows:
SECTION 1.
Section 65852.22 is added to the Government Code, immediately following
Section 65852.2, to read:
(a) Notwithstanding Section 65852.2, a local agency may, by ordinance,
provide for the creation of junior accessory dwelling units in single-family
residential zones. The ordinance may require a permit
to be obtained for the creation of a junior accessory dwelling unit, and shall
do all of the following:
- (1) Limit the number of junior accessory dwelling units to one per
residential lot zoned for single-family residences with a single-family
residence already built on the lot.
- (2) Require owner-occupancy in the
single-family residence in which the junior accessory dwelling unit will be
permitted. The owner may reside in either the
remaining portion of the structure or the newly created junior accessory
dwelling unit. Owner-occupancy shall not be required if the owner is
another governmental agency, land trust, or housing organization.
- (3) Require the recordation of a deed
restriction, which shall run with
the land, shall be filed with the permitting agency, and shall include both
of the following:
 | (A) A prohibition on the sale of the junior accessory dwelling unit
separate from the sale of the single-family residence, including a
statement that the deed restriction may be enforced against future
purchasers. |
| (B) A restriction on the size and attributes
of the junior accessory dwelling unit that conforms with this section.
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(4) Require a permitted junior accessory dwelling unit to be constructed
within the existing walls of the structure, and
require the inclusion of an existing bedroom.
(5) Require a permitted junior accessory dwelling to include a
separate entrance from the main entrance to
the structure, with an interior entry to the main living area. A permitted
junior accessory dwelling may include a second interior doorway for sound
attenuation.
(6) Require the permitted junior accessory
dwelling unit to include an efficiency
kitchen, which shall include all of the
following:
| (A) A sink with a maximum waste
line diameter of 1.5 inches |
| (B) A cooking facility with
appliances that do not require electrical service greater than 120 volts,
or natural or propane gas. |
| (C) A food preparation counter and storage cabinets that are of
reasonable size in relation to the size of the junior accessory dwelling
unit. |
(b)
| (1) An ordinance shall not require additional
parking as a condition to grant a permit. |
| (2) This subdivision shall not be interpreted to prohibit the requirement
of an inspection, including the imposition
of a fee for that inspection, to determine whether the junior accessory
dwelling unit is in compliance with applicable building standards. |
(c) An application for a permit pursuant
to this section shall, (notwithstanding
Section 65901 or 65906 or any local ordinance regulating the issuance of
variances or special use permits),
be considered
ministerially, without discretionary review
or a hearing. A permit
shall be issued within 120 days of submission of an application for a
permit pursuant to this section. A local agency may charge a fee to reimburse
the local agency for costs incurred in connection with the issuance of a
permit pursuant to this section. (d) For the
purposes of any fire or life protection ordinance or regulation, a junior
accessory dwelling unit shall not be considered a separate or new dwelling unit.
This section shall not be construed to prohibit a city, county, city and county,
or other local public entity from adopting an ordinance or regulation relating
to fire and life protection requirements within a single-family residence that
contains a junior accessory dwelling unit so long as the ordinance or regulation
applies uniformly to all single-family residences within the zone regardless of
whether the single-family residence includes a junior accessory dwelling unit or
not. (e) For the purposes of providing service for water, sewer, or power,
including a connection fee, a junior accessory dwelling unit shall not be
considered a separate or new dwelling unit. (f) This section shall not be
construed to prohibit a local agency from adopting an ordinance or regulation,
related to parking or a service or a connection fee for water, sewer, or power,
that applies to a single-family residence that contains a junior accessory
dwelling unit, so long as that ordinance or regulation applies uniformly to all
single-family residences regardless of whether the single-family residence
includes a junior accessory dwelling unit. (g) For purposes of this section, the
following terms have the following meanings:
| (1) “Junior accessory dwelling unit” means a unit that is no more than 500 square feet
in size and contained entirely within an existing single-family structure.
A junior accessory dwelling unit may include separate sanitation facilities,
or may share sanitation facilities with the existing structure |
| (2) “Local agency” means a city, county, or city and county, whether
general law or chartered. |
SEC. 2.
This act is an urgency statute necessary for the immediate preservation of
the public peace, health, or safety within the meaning of Article IV of the
Constitution and shall go into immediate effect. The facts constituting the
necessity are: In order to allow local jurisdictions the ability to promulgate
ordinances that create secure income for homeowners and secure housing for
renters, at the earliest possible time, it is necessary for this act to take
effect immediately.
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