AB 2406 Junior Dwelling Units

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AB 2406, Junior Accessory Dwelling Units.

San Jose has not adopted this option because it requires one of the units to be owner-occupied.

These laws that took effect Jan. 1 2017 — AB2299 and SB1069 — amend the state law governing second units and rename them “accessory dwelling units. Would try to make it easier for homeowners to add another housing unit in their backyards or as part of their existing homes.

The inference here is that if a rented room (with or without a sink)  is not in a JUNIOR ACCESSORY UNIT then it is illegal
ELSE
if you want to add a sink,
( to rent out a room or rooms as self sufficient ), 
you need a DEED RESTRICTION, a PERMIT and an INSPECTION !
But if there is no SEPARATE ENTRANCE or
it doesn't
 INCLUDE AN EXISTING BEDROOM
you don't  !

Or to put it another way  --- you cannot plumb a sink to a spare room or bedroom unless it is part of a deed restricted, permitted, inspected JUNIOR ACCESSORY UNIT .

bulletWaives PARKING REQUIREMENTS
bulletElimination of  water and sewer hookup fees.
bullet AB2299
bullet SB1069
The Planning and Zoning Law authorizes a local agency to provide by ordinance for the creation of 2nd units in single-family and multifamily residential areas, as prescribed.
This bill would, in addition, authorize a local agency to provide by ordinance for the creation of junior accessory dwelling units, as defined, in single-family residential zones.
The bill would require the ordinance to include, among other things, standards for the creation of a junior accessory dwelling unit, required deed restrictions, and occupancy requirements.
The bill would prohibit an ordinance from requiring, as a condition of granting a permit for a junior accessory dwelling unit, additional parking requirements.

 

  ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS

 A trio of State bills related to Accessory Dwelling Units went into effect on January 1, 2017. These bills are

bulletAB 2406
bulletAB 2299
bulletSB 1069

Assembly Bill 2299 and SB 1069 are both mandatory, and preempted local legislation regarding Accessory Dwelling Units (ADUs) as of January 1, 2017.

 Accessory Dwelling Units are the successor to residential second units that have been allowed by the County since the early 1980s.
Assembly Bill 2406 relates to Junior Accessory Dwelling Units, and it authorizes local agencies to define and regulate Junior Accessory Dwelling Units (JADUs), but contains no mandate to do so.

A number of years ago the County amended its Development Code to allow small food preparation facilities in residential room rentals without special planning permits, thereby establishing a forerunner to the Junior Accessory Dwelling Units that have gained more recent popularity as an affordable housing strategy.

The proposed amendments bring County code into compliance with these State laws. The amendments lay out standards and a ministerial permitting process for ADUs, and also contain important exemptions. One exemption applies to properties in single family residential zones that were developed before January 1, 2017 (the effective date of the State legislation). ADUs on those properties are subject only to building permit approval and are exempt from the ADU standards, including floor area and parking.

When installing an ADU is subject to an ADU permit,(that is it's after 2016) the maximum floor area of that ADU is limited to 1,200 square feet and an additional parking space needs to be provided.

 As recommended by the Planning Commission, a property owner could not have both an ADU and a JADU on the same property, but there is no prohibition against this in State law.

JADUs, which are essentially separate living areas with wet bars in existing residences, are also exempt from ADU permit requirements. Wet bars can be installed with building permits, but the County would only recognize a living area with a wet bar as a JADU if the property owner creates a separate entrance and voluntarily commits to owner occupancy of the property.

SECTION 1.

 Section 65852.22 is added to the Government Code, immediately following Section 65852.2, to read:  

(a) Notwithstanding Section 65852.2, a local agency may, by ordinance, provide for the creation of junior accessory dwelling units in single-family residential zones. The ordinance may require a permit to be obtained for the creation of a junior accessory dwelling unit, and shall do all of the following:

  1. (1) Limit the number of junior accessory dwelling units to one per residential lot zoned for single-family residences with a single-family residence already built on the lot.
  2. (2) Require owner-occupancy in the single-family residence in which the junior accessory dwelling unit will be permitted. The owner may reside in either the remaining portion of the structure or the newly created junior accessory dwelling unit. Owner-occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization.
  3. (3) Require the recordation of a deed restriction, which shall run with the land, shall be filed with the permitting agency, and shall include both of the following:
    bullet(A) A prohibition on the sale of the junior accessory dwelling unit separate from the sale of the single-family residence, including a statement that the deed restriction may be enforced against future purchasers.
    bullet(B) A restriction on the size and attributes of the junior accessory dwelling unit that conforms with this section.
     
  4. (4) Require a permitted junior accessory dwelling unit to be constructed within the existing walls of the structure, and require the inclusion of an existing bedroom.
  5. (5) Require a permitted junior accessory dwelling to include a separate entrance from the main entrance to the structure, with an interior entry to the main living area. A permitted junior accessory dwelling may include a second interior doorway for sound attenuation.
  6. (6) Require the permitted junior accessory dwelling unit to include an efficiency kitchen, which shall include all of the following:
    bullet(A) A sink with a maximum waste line diameter of 1.5 inches
    bullet  (B) A cooking facility with appliances that do not require electrical service greater than 120 volts, or natural or propane gas.
    bullet(C) A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.

(b) 

bullet(1) An ordinance shall not require additional parking as a condition to grant a permit.
bullet(2) This subdivision shall not be interpreted to prohibit the requirement of an inspection, including the imposition of a fee for that inspection, to determine whether the junior accessory dwelling unit is in compliance with applicable building standards.

(c) An application for a permit pursuant to this section shall, (notwithstanding Section 65901 or 65906 or any local ordinance regulating the issuance of variances or special use permits), be considered ministerially, without discretionary review or a hearing. A permit shall be issued within 120 days of submission of an application for a permit pursuant to this section. A local agency may charge a fee to reimburse the local agency for costs incurred in connection with the issuance of a permit pursuant to this section. (d) For the purposes of any fire or life protection ordinance or regulation, a junior accessory dwelling unit shall not be considered a separate or new dwelling unit. This section shall not be construed to prohibit a city, county, city and county, or other local public entity from adopting an ordinance or regulation relating to fire and life protection requirements within a single-family residence that contains a junior accessory dwelling unit so long as the ordinance or regulation applies uniformly to all single-family residences within the zone regardless of whether the single-family residence includes a junior accessory dwelling unit or not. (e) For the purposes of providing service for water, sewer, or power, including a connection fee, a junior accessory dwelling unit shall not be considered a separate or new dwelling unit. (f) This section shall not be construed to prohibit a local agency from adopting an ordinance or regulation, related to parking or a service or a connection fee for water, sewer, or power, that applies to a single-family residence that contains a junior accessory dwelling unit, so long as that ordinance or regulation applies uniformly to all single-family residences regardless of whether the single-family residence includes a junior accessory dwelling unit. (g) For purposes of this section, the following terms have the following meanings:

bullet(1) “Junior accessory dwelling unit” means a unit that is no more than 500 square feet in size and contained entirely within an existing single-family structure. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure
bullet(2) “Local agency” means a city, county, or city and county, whether general law or chartered.

SEC. 2.

 This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: In order to allow local jurisdictions the ability to promulgate ordinances that create secure income for homeowners and secure housing for renters, at the earliest possible time, it is necessary for this act to take effect immediately.

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