Nancy Skinner
- Democratic
- Senator
- District 9
Author
Existing law, the Planning and Zoning Law, authorizes a local agency, by ordinance, to provide for the creation of accessory dwelling units (ADUs) in areas zoned for residential use, as specified. That law prohibits, if a local agency adopts an ordinance to create ADUs in those zones, the local agency from requiring the 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 also prohibit the local agency from requiring the replacement of offstreet parking spaces if an uncovered parking space is demolished in conjunction with the construction of, or is converted to, an ADU. Existing law requires ministerial approval of ADUs, as specified. 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. This bill would prohibit a local agency from imposing any objective development or design standard that is not authorized by these provisions upon any ADU that meets the requirements of any of the specified variations. Under existing law, one of the above-described variations requires a local agency to ministerially approve a certain number of multiple ADUs within the portion of existing multifamily dwelling structures that are not used as livable space if each unit complies with state building standards for dwellings. This bill would define "livable space" for purposes of the provisions governing ADUs to mean a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation. Under existing law, another one of the above-described 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, as specified. This bill would instead authorize, under that variation, up to 8 detached ADUs to be created on a lot with 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. By imposing new duties on local governments with respect to the approval of accessory dwelling units, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
Chaptered by Secretary of State. Chapter 296, Statutes of 2024.
Approved by the Governor.
Enrolled and presented to the Governor at 3 p.m.
Assembly amendments concurred in. (Ayes 30. Noes 9. Page 5649.) Ordered to engrossing and enrolling.
Read third time. Passed. (Ayes 57. Noes 9. Page 6806.) Ordered to the Senate.
In Senate. Concurrence in Assembly amendments pending.
Read second time. Ordered to third reading.
Read second time and amended. Ordered to second reading.
From committee: Do pass as amended. (Ayes 10. Noes 2.) (August 15).
August 7 set for first hearing. Placed on suspense file.
Coauthors revised.
From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 0.) (June 26). Re-referred to Com. on APPR.
From committee: Do pass and re-refer to Com. on L. GOV. (Ayes 8. Noes 1.) (June 12). Re-referred to Com. on L. GOV.
Referred to Coms. on H. & C.D. and L. GOV.
In Assembly. Read first time. Held at Desk.
Read third time. Passed. (Ayes 29. Noes 8. Page 4080.) Ordered to the Assembly.
Read second time. Ordered to third reading.
From committee: Be ordered to second reading pursuant to Senate Rule 28.8.
Set for hearing May 6.
Read second time and amended. Re-referred to Com. on APPR.
From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 5. Noes 2. Page 3663.) (April 17).
Set for hearing April 17.
Read second time and amended. Re-referred to Com. on L. GOV.
From committee: Do pass as amended and re-refer to Com. on L. GOV. (Ayes 8. Noes 2. Page 3350.) (March 19).
Set for hearing March 19.
From printer. May be acted upon on or after March 17.
Introduced. Read first time. To Com. on RLS. for assignment. To print.
| Bill Text Versions | Format |
|---|---|
| SB1211 | HTML |
| 02/15/24 - Introduced | |
| 03/21/24 - Amended Senate | |
| 04/23/24 - Amended Senate | |
| 08/19/24 - Amended Assembly | |
| 09/03/24 - Enrolled | |
| 09/19/24 - Chaptered |
| Document | Format |
|---|---|
| 03/14/24- Senate Housing | |
| 04/12/24- Senate Local Government | |
| 05/07/24- Sen. Floor Analyses | |
| 06/10/24- Assembly Housing and Community Development | |
| 06/24/24- Assembly Local Government | |
| 08/05/24- Assembly Appropriations | |
| 08/21/24- ASSEMBLY FLOOR ANALYSIS | |
| 08/29/24- Sen. Floor Analyses |
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