The Planning and Zoning Law authorizes a local agency, by ordinance or ministerial approval, to provide for the creation of accessory dwelling units (“ADU”) in areas zoned for residential use, as specified. Existing law provides that an ADU may either be an attached or detached residential dwelling unit, and prescribes the minimum and maximum unit size requirements, height limitations, and setback requirements that a local agency may establish, including a 16-foot height limitation and a 4-foot side and rear setback requirement.

This bill would amend Government Code Section 65852.2 to increase the maximum height limitation that may be imposed by a local agency on an ADU to 25 feet.

Existing law requires an ordinance that provides for the creation of an ADU to require ADUs to comply with local building code requirements that apply to detached dwellings, as appropriate. Existing law also prohibits an ordinance from requiring an ADU to provide fire sprinklers if they are not required for the primary residence.

This bill would amend Government Code 65852.2  to provide that the construction of an ADU does not constitute an occupancy change under the local building code. The bill would also prohibit the construction of an ADU from triggering a requirement that fire sprinklers be installed in the proposed or existing primary dwelling.

Existing law provides that a local agency shall ministerially approve an application for a building permit within a residential or mixed-use zone to create not more than 2 ADUs that are located on a lot that has an existing multifamily dwelling, but are detached from that multifamily dwelling and are subject to a height limitation of 16 feet and a 4-foot side and rear setback requirement.

This bill would amend Government Code 65852.2 to change the height limitation applicable to an ADU subject to ministerial approval to 25 feet.  If the existing multifamily dwelling exceeds a height of 25 feet or has a rear or side setback of less than 4 feet, this bill would prohibit a local agency from requiring any modification to the existing multifamily dwelling to satisfy these requirements. The bill would prohibit a local agency from rejecting an application for an ADU because the existing multifamily dwelling exceeds a height of 25 feet or has a rear or side setback of less than 4 feet.

Existing law, until January 1, 2025, prohibits a local agency from imposing an owner-occupant requirement on a proposed ADU on a lot that includes a proposed or existing single-family dwelling.

This bill would amend Government Code 65852.2 to delete the expiration date of this provision.

(2) Existing law also provides for the creation of junior accessory dwelling units (“JADU”) 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 JADU to require the unit to be constructed within the walls of the proposed or existing single-family residence, require that the unit to include a separate entrance from the main entrance to the proposed or existing single-family residence, and require owner-occupancy in the single-family residence in which the junior accessory dwelling unit is permitted.

This bill would amend Government Code 65852.22 to specify that enclosed uses within the proposed or existing single-family residence, such as attached garages, are considered a part of the proposed or existing single-family residence. The bill would require a JADU that does not include separate sanitation facilities to include a separate entrance from the main entrance to the structure, with an interior entry to the main living area.

(3) Existing law requires a local agency, in enforcing building standards applicable to ADUs, to delay enforcement for up to 5 years upon the owner submitting an application requesting the delay on the basis that correcting the violation is not necessary to protect health and safety.

This bill would add Government Code 65852.23 to prohibit a local agency from denying a permit for a constructed, but unpermitted, ADU because the unit is in violation of building standards or state or local standards applicable to ADUs, unless the local agency makes a finding that correcting the violation is necessary to protect the health and safety of the public or occupants of the structure

(4) Existing law requires the Department of Housing and Community Development to administer various programs intended to promote the development of housing, including the Multifamily Housing Program, pursuant to which the department provides financial assistance in the form of deferred payment loans to pay for the eligible costs of development for specified activities.

This bill would add Government Code 50678 to require the department to establish and administer a grant program for the purpose of funding the construction and maintenance of ADUs and JADUs. The bill would create the California Accessory Dwelling Unit Fund and, upon appropriation by the Legislature, require the department to distribute moneys in the fund to eligible recipients.