If You Are Interested in ADUs and Local Laws…here are a few new laws that might clarify things….
AB 2221: ADU Accessory Dwelling Units
AB 2221 contains clean-up language and clarifications to reduce permitting hurdles for ADU applicants.Agencies that deny an ADU application must now provide a full set of comments to the applicant with a list of items that are deficient and a description of how the application can be remedied. AB 2221 expressly requires agencies to “approve or deny” an ADU application within 60 days of the completeness determination and clarifies that the construction of an ADU (attached or detached) cannot trigger a requirement to install fire sprinklers in an existing multifamily dwelling.
SB 897: Increased Height Limits for ADUs; Detached ADUs at Proposed Multifamily Projects
SB 897 increases the minimum height limits that local governments may impose on ADUs. Specifically, SB 897 provides minimum height limits of 16 feet (for detached ADUs on same lot with an existing or proposed single-family or multifamily dwelling); 18 feet (for detached ADUs located on lot that is within a half-mile of a major transit stop, or detached ADUs
on lot with an existing or proposed multistory, multifamily dwelling); or 25 feet or base zone height, whatever is lower
(for attached ADUs). The law introduces the potential for two-story ADUs if certain conditions are met, but ensures local agencies are not required to permit three-story ADUs. Lastly, SB 897 now clarifies that two detached ADUs may be constructed (and qualify for building permit ministerial review under Subdivision (e)) on lots with proposed multifamily dwellings. This change will allow developers to include two detached ADUs in their design and planning processes for
new multifamily residential projects.
AB 916: Maximizing Bedroom Counts within Existing Units
AB 916 prevents local agencies from requiring a public hearing as a condition for proposals to reconfigure existing space within a dwelling unit to increase bedroom count. AB 916 applies to applications that seek to add no more than two
additional bedrooms in an existing dwelling in a residential zone. The law does not prohibit agencies f rom holding public hearings for proposals that would increase the number of units, provided such proposals are not subject to other state
laws that mandate ministerial review (e.g., ADUs, SB 9).
AB 2873: Promoting Diversity in Affordable Housing Development
AB 2873 is designed to encourage affordable housing developers to employ minority-owned business enterprises. It
accomplishes this goal by requiring affordable housing developers to report on their efforts to employ women, minority, disabled veteran and LGBT owned business enterprises. This requirement applies to affordable housing developers that
receive low-income housing tax credit (LIHTC) on or after Jan. 1, 2024, and that have either: 1) completed five or more housing projects by Jan. 1, 2023; or 2) received an annual LIHTC allocation of at least $1 million.
AB 682: State Density Bonus Law Benefits for Shared Housing or Co-Living Buildings
AB 682 aims to ease roadblocks facing co-living housing projects by creating a new category of “shared housing” projects eligible for benefits under the State Density Bonus Law. A shared-housing building is defined as a residential or mixed-use structure with five or more housing units and one or more common kitchens and dining areas designed for permanent residence of more than 30 days by its tenants. A shared-housing building qualifies for State Density Bonus Law benefits if it contains 10 percent lower-income units; 5 percent very low-income units; or is a senior housing
development.
Source: leginfo.legislature.ca.gov
