SB-1211 (Skinner) Land use: accessory dwelling units: ministerial approval.

Would prohibit a local agency from requiring replacement parking spaces when a carport, covered parking structure, or uncovered parking space is demolished or converted into an ADU. Would also allow for multiple ADUs on a lot that has an existing or proposed multi-family dwelling.

Current Status: Pending

FindHOALaw Quick Summary:

Existing law requires ministerial approval of accessory dwelling units (“ADUs”) if the local agency does not adopt an ordinance governing ADUs. Under existing law, a local agency is also required to ministerially approve an application for a building permit within a residential or mixed-use zone to create any of specified variations of ADUs. Existing law imposes various requirements and restrictions on a local agency in connection with the ministerial approval of an application for a building permit for an ADU under these specified variations. One of these variations requires a local agency to ministerially approve not more than 2 ADUs that are located on a lot that has an existing or proposed multifamily dwelling, but are detached from that dwelling, and are subject to a height limitation and rear yard and side setbacks.

This bill would amend Government Code 66323 to authorize, under that variation, up to 8 detached ADUs to be created on a lot within an existing multifamily dwelling, provided that the number of ADUs does not exceed the number of existing units on the lot, and up to 2 detached ADUs on a lot with a proposed multifamily dwelling.

Existing law prohibits a local agency from requiring replacement of offstreet parking spaces if a garage, carport, or covered parking structure is demolished in conjunction with the construction of, or is converted to, an ADU.

This bill would amend Government Code 66314 to additionally prohibit a local agency from requiring the replacement of offstreet parking spaces if an uncovered parking space is demolished in conjunction with the construction of, or conversion to, an ADU.

**AB 1211 was amended on April 23, 2024, to allow up to 8 detached ADUs to be created on a lot with an existing multifamily dwelling.

(4) (A) Not more than two (i) Multiple accessory dwelling units units, not to exceed the number specified in clause (ii) or (iii), as applicable, that are located on a lot that has an existing or proposed multifamily dwelling, but are detached from that multifamily dwelling and are subject to a height limitation in subparagraph (A), (B), or (C) of paragraph (4) of subdivision (b) of Section 66321, as applicable, and rear yard and side setbacks of no more than four feet.

(ii) On a lot with an existing multifamily dwelling, not more than eight detached accessory dwelling units. However, the number of accessory dwelling units allowable pursuant to this clause shall not exceed the number of existing units on the lot.

(iii) On a lot with a proposed multifamily dwelling, not more than two detached accessory dwelling units.