CALIFORNIA LEGISLATURE—2025-26 REGULAR SESSION
ASSEMBLY BILL No. 1154
Introduced by Assembly Member Carrillo
February 20, 2025
An act to amend Sections 66322 and 66333 of the Government Code, relating to land use.
LEGISLATIVE COUNSEL'S DIGEST
AB 1154, as introduced, Carrillo. Accessory dwelling units: junior accessory dwelling units.
The Planning and Zoning Law, among other things, provides for the creation of accessory dwelling units by local ordinance, or, if a local agency has not adopted an ordinance, by ministerial approval, in accordance with specified standards and conditions. Existing law prohibits a local agency from imposing parking standards for an accessory dwelling unit under certain circumstances, whether or not the local agency has adopted a local ordinance pursuant to the above provisions. Under existing law, those circumstances include, among others, if the accessory dwelling unit is located within of one mile walking distance of public transit or there is a car share vehicle located within one block of the accessory dwelling unit.
This bill would additionally prohibit a local agency from imposing any parking standards if the accessory dwelling unit is 500 square feet or smaller.
Existing law also provides for the creation of junior accessory dwelling units by local ordinance, or, if a local agency has not adopted an ordinance, by ministerial approval, in accordance with specified standards and conditions. Existing law requires an ordinance that provides for the creation of a junior accessory dwelling unit to, among 99 AB 1154 - 2 -
other things, require owner-occupancy in the single-family residence in which the junior accessory dwelling unit is permitted Under this bill, that owner-occupancy requirement would apply only It the junior accessory dwelling unit has shared sanitation facilities with the existing structure. The bill would require an ordinance that provides for the creation of a junior accessory dwelling unit to require that a rental of a junior accessory dwelling unit be for a term longer than 30 By imposing new duties on local governments with respect to the approval of accessory dwelling units and junior accessory dwelling units, the 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.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
The people of the State of California do enact as follows:
SECTION 1. Section 66322 of the Government Code is
2 amended to read:
3 66322. Notwithstanding any other law, and whether or not the local agency has adopted an ordinance governing accessory 5 dwelling units in accordance with Section 66314, all of the following shall apply:
(a) A local agency shall not impose any parking standards for an accessory dwelling unit in any of the following instances:
(1) Where the-The accessory dwelling unit is located within 10 one-half of one mile walking distance of public transit 11 (2) Where the The accessory dwelling unit is located within an 12 architecturally and historically significant historic district. 13 (3) Where the The accessory dwelling unit is part of the 14 proposed or existing primary residence or an accessory structure. 15 (4) When on-street On-street parking permits are required but 16 not offered to the occupant of the accessory dwelling unit. 17 (5) When there-There is a car share vehicle located within one 18 block of the accessory dwelling unit.
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1 (6) When a A permit application for an accessory dwelling unit 2 is submitted with a permit application to create a new single-tamily 3 dwelling or a new multifamily dwelling on the same lot, provided 4 that the accessory dwelling unit or the parcel satisfies any other 5 criteria listed in this subdivision.
(7) The accessory dwelling unit is 500 square feet or smaller. (b) The local agency shall not deny an application for a permit 8 to create an accessory dwelling unit due to the correction of 9 nonconforming zoning conditions, building code violations, or 10 unpermitted structures that do not present a threat to public health 11 and safety and are not affected by the construction of the accessory 12 dwelling unit.
13 SEC. 2. Section 66333 of the Government Code is amended 14 15 66333. Notwithstanding Article 2 (commencing with Section 16 66314), a local agency may, by ordinance, provide for the creation 17 of junior accessory dwelling units in single-family residential 18 zones. The ordinance may require a permit to be obtained for the 19 creation of a junior accessory dwelling unit, and shall do all of the 20 following:
21 (a) Limit the number of junior accessory dwelling units to one 22 per residential lot zoned for single-family residences with a 23 single-family residence built, or proposed to be built, on the lot. 24 (b) Require-If the junior accessory dwelling unit has shared 25 sanitation facilities with the existing structure,
26 owner-occupancy in the single family residence in which the junior 27 accessory dwelling unit will be permitted. The owner may reside 28 in either the remaining portion of the structure or the newly created 29 junior accessory dwelling unit. Owner-occupancy shall not be 30 required if the junior accessory dwelling unit has separate 31 sanitation facilities, or if the owner is another governmental 32 agency, land trust, or housing organization.
33 (c) Require the recordation of a deed restriction, which shall 34 run with the land, shall be filed with the permitting agency, and 35 shall include both of the following:
36 (1) A prohibition on the sale of the junior accessory dwelling 37 unit separate from the sale of the single-family residence, including 38 a statement that the deed restriction may be enforced against future 39 purchasers.
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(2) A restriction on the size and attributes of the junior accessory dwelling unit that conforms with this article.
3 (d) Require a permitted junior accessory dwelling unit to be constructed within the walls of the proposed or existing single-family residence. For purposes of this subdivision, enclosed uses within the residence, such as attached garages, are considered a part of the proposed or existing single-family residence. (e) (1) Require a permitted junior accessory dwelling unit to include a separate entrance from the main entrance to the proposed or existing single-family residence.
(2) If a permitted junior accessory dwelling unit does not include 12 a separate bathroom, the permitted junior accessory dwelling unit 13 shall include a separate entrance from the main entrance to the 14 structure, with an interior entry to the main living area. 15 (t) Require the permitted junior accessory dwelling unit to 16 include an efficiency kitchen, which shall include all of the 17 following:
18 (1) A cooking facility with appliances.
19 (2) A food preparation counter and storage cabinets that are of 20 reasonable size in relation to the size of the junior accessory 21 dwelling unit.
22 (g) Require that a rental of a junior accessory dwelling unit be 23 for a term longer than 30 days.
24 SEC. 3. No reimbursement is required by this act pursuant to 25 Section 6 of Article XIII B of the California Constitution because 26 a local agency or school district has the authority to levy service 27 charges, fees, or assessments sufficient to pay for the program or 28 level of service mandated by this act, within the meaning of Section 29 17556 of the Government Code.
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