AB 68

  • California Assembly Bill
  • 2019-2020 Regular Session
  • Introduced in Assembly
  • Passed Assembly May 22, 2019
  • Passed Senate Sep 13, 2019
  • Signed by Governor Oct 09, 2019

Land use: accessory dwelling units.

Abstract

(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 Sponsors (9)

Votes


Actions


Oct 09, 2019

California State Legislature

Approved by the Governor.

California State Legislature

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

Sep 26, 2019

California State Legislature

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

Sep 13, 2019

Assembly

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

Assembly

In Assembly. Concurrence in Senate amendments pending.

Senate

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

Sep 10, 2019

Senate

Read second time. Ordered to third reading.

Sep 09, 2019

Senate

Read third time and amended. Ordered to second reading.

Senate

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

Aug 30, 2019

Senate

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

Senate

Read second time. Ordered to third reading.

Aug 12, 2019

Senate

In committee: Referred to APPR. suspense file.

  • Referral-Committee
APPR APPR. suspense file.

Jul 10, 2019

Senate

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

  • Committee-Passage-Favorable
  • Committee-Passage
  • Referral-Committee
Com. on APPR.

Jul 05, 2019

Senate

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.

  • Reading-1
  • Reading-2
  • Amendment-Passage
  • Referral-Committee
  • Amendment-Introduction
Com. on GOV. & F.

Jul 03, 2019

Senate

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.

  • Committee-Passage-Favorable
  • Committee-Passage
  • Referral-Committee
Com. on GOV. & F.

Jun 19, 2019

Senate

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

  • Committee-Passage-Favorable
  • Committee-Passage
  • Referral-Committee
Com. on EQ.

Jun 12, 2019

Senate

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

  • Reading-1
  • Reading-2
  • Amendment-Passage
  • Referral-Committee
  • Amendment-Introduction
Com. on HOUSING.

May 29, 2019

Senate

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

  • Referral-Committee
Coms. on HOUSING, EQ. and GOV. & F.

May 23, 2019

Senate

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

May 22, 2019

Assembly

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

May 20, 2019

Assembly

Read second time. Ordered to third reading.

May 16, 2019

Assembly

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

Assembly

Coauthors revised.

Apr 24, 2019

Assembly

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

  • Referral-Committee
APPR APPR. suspense file.

Apr 11, 2019

Assembly

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

  • Committee-Passage-Favorable
  • Committee-Passage
  • Referral-Committee
Com. on APPR.

Apr 04, 2019

Assembly

Re-referred to Com. on L. GOV.

  • Referral-Committee
Com. on L. GOV.

Apr 03, 2019

Assembly

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

Assembly

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.

  • Committee-Passage-Favorable
  • Committee-Passage
  • Referral-Committee
Com. on L. GOV.

Mar 28, 2019

Assembly

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

  • Referral-Committee
Com. on H. & C.D.

Mar 27, 2019

Assembly

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

Mar 26, 2019

Assembly

In committee: Hearing postponed by committee.

Jan 17, 2019

Assembly

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

  • Referral-Committee
Coms. on H. & C.D. and L. GOV.

Dec 04, 2018

Assembly

From printer. May be heard in committee January 3.

Dec 03, 2018

Assembly

Read first time. To print.

Bill Text

Bill Text Versions Format
AB68 HTML
12/03/18 - Introduced PDF
03/27/19 - Amended Assembly PDF
04/03/19 - Amended Assembly PDF
06/12/19 - Amended Senate PDF
07/05/19 - Amended Senate PDF
09/09/19 - Amended Senate PDF
09/20/19 - Enrolled PDF
10/09/19 - Chaptered PDF

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