AB 345

  • California Assembly Bill
  • 2021-2022 Regular Session
  • Introduced in Assembly
  • Passed Assembly May 27, 2021
  • Passed Senate Aug 30, 2021
  • Became Law Sep 28, 2021

Accessory dwelling units: separate conveyance.

Abstract

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 a local agency that has not adopted an ordinance to ministerially approve an application for an accessory dwelling unit, and sets forth required ordinance standards, including that the ordinance prohibit the sale or conveyance of the accessory dwelling unit separately from the primary residence. Existing law, notwithstanding the prohibition described above, authorizes a local agency to, by ordinance, allow an accessory dwelling unit to be sold or conveyed separately from the primary residence to a qualified buyer if certain conditions are met, including that the property was built or developed by a qualified nonprofit corporation and that the property is held pursuant to a recorded tenancy in common agreement. Existing law requires that tenancy in common agreement to, among other things, allocate to each qualified buyer an undivided, unequal interest in the property based on the size of the dwelling each qualified buyer occupies. This bill would require each local agency to allow an accessory dwelling unit to be sold or conveyed separately from the primary residence to a qualified buyer if the above-described conditions are met. The bill would impose an additional condition on a tenancy in common agreement subject to these provisions and recorded on or after December 31, 2021, to include specified information, including a delineation of all areas of the property that are for the exclusive use of a cotenant, delineation of each cotenant's responsibility for the costs of taxes, insurance, utilities, general maintenance and repair, and improvements associated with the property, and procedures for dispute resolution among cotenants before resorting to legal action. By imposing additional duties on local governments in the administration of the development of 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Bill Sponsors (3)

Votes


Actions


Sep 28, 2021

California State Legislature

Chaptered by Secretary of State - Chapter 343, Statutes of 2021.

California State Legislature

Approved by the Governor.

Sep 10, 2021

California State Legislature

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

Sep 02, 2021

Assembly

Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 75. Noes 1.).

Sep 01, 2021

Assembly

Assembly Rule 77 suspended. (Ayes 54. Noes 16.)

Aug 31, 2021

Assembly

In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 2 pursuant to Assembly Rule 77.

Aug 30, 2021

Senate

Read third time. Passed. Ordered to the Assembly. (Ayes 39. Noes 0.).

Aug 17, 2021

Senate

Read second time. Ordered to Consent Calendar.

Aug 16, 2021

Senate

From committee: Be ordered to second reading file pursuant to Senate Rule 28.8 and ordered to Consent Calendar.

Jul 08, 2021

Senate

From committee: Do pass and re-refer to Com. on APPR with recommendation: To Consent Calendar. (Ayes 5. Noes 0.) (July 8). Re-referred to Com. on APPR.

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

Jul 01, 2021

Senate

From committee: Do pass and re-refer to Com. on GOV. & F. with recommendation: To Consent Calendar. (Ayes 9. Noes 0.) (July 1). Re-referred to Com. on GOV. & F.

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

Jun 16, 2021

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.

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

Jun 09, 2021

Senate

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

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

May 28, 2021

Senate

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

May 27, 2021

Assembly

Read third time. Passed. Ordered to the Senate. (Ayes 76. Noes 1.)

May 24, 2021

Assembly

Read second time. Ordered to third reading.

May 20, 2021

Assembly

From committee: Do pass. (Ayes 16. Noes 0.) (May 20).

Apr 14, 2021

Assembly

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

  • Referral-Committee
APPR APPR. suspense file.

Mar 25, 2021

Assembly

From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 1.) (March 24). Re-referred to Com. on APPR.

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

Mar 16, 2021

Assembly

From committee: Do pass and re-refer to Com. on L. GOV. with recommendation: To Consent Calendar. (Ayes 8. Noes 0.) (March 15). Re-referred to Com. on L. GOV.

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

Mar 10, 2021

Assembly

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

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

Mar 09, 2021

Assembly

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

Feb 12, 2021

Assembly

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

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

Jan 29, 2021

Assembly

From printer. May be heard in committee February 28.

Jan 28, 2021

Assembly

Read first time. To print.

Bill Text

Bill Text Versions Format
AB345 HTML
01/28/21 - Introduced PDF
03/09/21 - Amended Assembly PDF
06/16/21 - Amended Senate PDF
09/07/21 - Enrolled PDF
09/28/21 - Chaptered PDF

Related Documents

Document Format
03/11/21- Assembly Housing and Community Development PDF
03/23/21- Assembly Local Government PDF
04/12/21- Assembly Appropriations PDF
05/24/21- ASSEMBLY FLOOR ANALYSIS PDF
06/28/21- Senate Housing PDF
07/05/21- Senate Governance and Finance PDF
08/18/21- Sen. Floor Analyses PDF
08/31/21- ASSEMBLY FLOOR ANALYSIS PDF

Sources

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