AB-2221 Accessory dwelling units.

Would remove limits on front setbacks and make it easier to install accessory dwelling units in community associations.

Current Status: Chaptered

FindHOALaw Quick Summary:

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 requires a local ordinance to require an accessory dwelling unit to be either attached to, or located within, the proposed or existing primary dwelling, as specified, 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 specify that an accessory dwelling unit that is detached from the proposed or existing primary dwelling may include a detached garage.

Existing law authorizes a local agency to establish minimum and maximum unit size requirements for attached and detached accessory dwelling units, subject to certain exceptions, including that a local agency is prohibited from establishing limits on lot coverage, floor area ratio, open space, and minimum lot size, that do not permit the construction of at least an 800 square foot accessory dwelling unit.

This bill would amend Government Code Section 65852.2 to additionally prohibit a local agency from establishing limits on front setbacks.

This bill would incorporate additional changes to Section 65852.2 of the Government Code proposed by SB 897 to be operative only if this bill and SB 897 are enacted and this bill is enacted last.

**AB 1410 was signed in to law September 28, 2022 and takes effect January 1, 2023.