Attachment A
Chronology of State Legislation on ADUs (2016 – 2022)
State ADU Legislation Passed in 2016
On September 27, 2016, Governor Brown signed Senate Bill 1069 (“SB 1069”) and Assembly Bill 2299 (“AB 2299”), amending Section 65852.2 of the Government Code.
Both bills reduced local authority to regulate ADUs, requiring that ADUs be ministerially approved. SB 1069 and AB 2299 became effective January 1, 2017.
State ADU Legislations Passed in 2019
On October 9, 2019, Governor Newson signed SB 131, AB 682, and AB 8813, amending Sections 65852.2 and 65852.22 of the Government Code, effective January 1, 2020. These new provisions further reduced local authority to regulate ADUs and mandate that local jurisdictions allow the creation of ADUs, including Junior Accessory Dwelling Units (JADUs), in accordance with specified standards and conditions with the statutes. Local agencies that have not adopted an ordinance compliant with Government Code Sections 65852.2 and 65852.22 are required to default to the standards specified in state law for permitting ADUs and JADUs.
SB 13, AB 68, and AB 881 reduce barriers to ADU approval and construction by further streamlining the process and limiting development standards and fees. This reflects the Legislature’s and Governor’s position that ADUs are an important part of the solution to the housing crisis. The changes include the following:
• Prohibits a minimum lot size.
• Requires approval of ADUs in multifamily zoning districts and within existing garages.
• Prohibits requirements for owner occupancy until 2025. • Requires cities to allow a minimum sized 800 square-foot ADU with four-foot setbacks.
• Prohibits cities from requiring replacement off-street parking if the covered parking is converted to an ADU.
• Requires a delay of enforcement of building code violations in an ADU for five years unless necessary to protect health and safety.
• Requires decisions on ministerial ADU applications within 60 days (from 120 days previously).
• Maximum size for ADUs cannot be less than 850 square feet for one bedroom and 1,000 square feet for two-bedroom units.
• Jurisdictions must now allow JADUs.
• A site can now have one ADU and one JADU by right if standards are met. • Jurisdictions cannot require corrections to nonconforming zoning conditions.
As a result of the most recent legislation, the number of eligible parcels for construction of an ADU or JADU within the City has been increased from approximately 2,400 to 4,150 square feet (“sq ft”) in areas zoned to allow residential, according to the analysis provided by the ADU Initiative based on the City’s GIS database. Additionally, more ADUs can be developed in mixed-use zones where multiple family residential uses are allowed.
State ADU Legislations Effective as of 2021
After the 2019 updates, the California State Legislature passed AB 31824, which was intended as a clean-up bill for SB 13, AB 68, and AB 881, and took effect on January 1, 2021. The summary of the changes from AB 3182 are provided below:
• An owner of a separate interest in a common interest development (i.e., homeowners associations) shall not prohibit rentals at all, no matter when the governing documents were adopted.
• Local agencies shall act upon the completed application within 60 days, otherwise the application shall be deemed approved.
• On a residential property, where a JADU would be allowed, an ADU also is allowed.
As AB 3182 provides clarity and not substantive changes, staff recommended, and the Council adopted (on November 17, 2020) the third requirement in the current ADU Ordinance Section 18.96.030(N)(1).
State ADU Legislation Passed in 2022
On September 28, 2022, Governor Gavin Newsom signed SB 897, a “final” ADU bill to help homeowners construct ADUs by removing unnecessary barriers that hinder development. The salient updates occasioned by the bill are summarized (from the Legislative Counsel’s Digest on Senate Bill 897, Chapter 664 published on September 29, 2022) in the Tables 1a, 1b, and 1c below:
Table 1a. SB 897 Changes to ADU Legislation, Part I
Table 1b. SB 897 Changes to ADU Legislation, Part II
Table 1c. SB 897 Changes to ADU Legislation, Part III