CSAC Housing, Land Use and Transportation Legislative Update
As state lawmakers debate proposed legislation in the final weeks of the legislative session, CSAC is monitoring several bills of interest for counties, including:
AB 916 (Salas) – OPPOSE UNLESS AMENDED. This bill would increase the height maximum of ADU’s from 16 to 18 feet on all parcels and to 25 feet for multifamily or single-family parcel located within a half mile of transit. This bill also adds a provision that sets a minimum height requirement of 25 feet for ADUs that are attached to a primary single-family residence and mandates the approval of two additional bedrooms per dwelling unit. Current law authorizes cities and counties to restrict ADU height to 16 feet, thus helping ensure that ADUs blend into the existing neighborhood. Mandating that local jurisdictions permit two to potentially three story ADUs is completely contrary to the stated belief that ADUs are a way to increase density in a modest fashion that is not disruptive to established communities. AB 916 passed the Senate Governance and Finance Committee on June 29th and was sent directly to the Senate Floor for a Second Reading without a hearing in the Senate Appropriations Committee pursuant to Senate Rule 28.8. The bill is now on the Senate Floor on its Third Reading File.
SB 897 (Wieckowski) – OPPOSE UNLESS AMENDED. This bill will increase the height maximum of ADU’s from 16 to 18 feet for parcels with an existing multistory building or 20 feet for a multifamily or single-family parcel located within a half mile of transit. This bill also adds a provision which sets a minimum height requirement of 25 feet for ADUs that are attached to a primary single-family residence which implies that these units will function more as a duplex and not a jr. ADU. As amended, the bill creates a confusing standard and in certain instances would substantially alter the look and feel of a community as SB 897 creates a nuance where ADUs could conceivably be equal in size or larger than the primary residence as it creates a minimum height requirement of 25 feet by permitting ADUs and jr. ADUs to be attached to the primary residence. SB 897 passed the Assembly Appropriations Committee on August 10th and will be heading to the Assembly Floor.
SB 932 (Portantino) – OPPOSE UNLESS AMENDED. This bill requires every city and county to develop and implement bicycle plans, pedestrian plans, and traffic calming plans, as specified, and provides that failure to implement the plan creates a cause of action for victims of traffic violence. SB 932 will create unfunded mandates for costly improvements to local transportation infrastructure without providing funding for implementation. The bill will also expose many local governments to new legal liability that is likely to result in significant litigation costs to defend and settle. SB 932 is on the Assembly Appropriations Committee Suspense File, which will be taken up on August 11th. CSAC is currently negotiating amendments with the author’s office.