CSAC Bulletin Article

Housing Bills: Accessory Dwelling Units and Community Development Block Grant Fix

August 25, 2016

CSAC removed its opposition to one bill related to the local permitting of second residential units, while adopting a support position for another. Both bills would rename “second units” as “accessory dwelling units.” CSAC is also supporting AB 723, a gutted and amended bill that would provide a timely and much-needed fix to ensure the smaller (non-entitlement) counties aren’t unfairly prevented from applying for an upcoming Community Development Block Grant funding opportunity.

Upon the removal of a requirement that every city and county adopt an accessory dwelling unit ordinance, and amendments to no longer preclude local parking requirements for second units near transit and shopping, CSAC moved to support AB 2299 by Assembly Member Bloom. The new bill also provides a bright line rule that local ordinances are null and void if they conflict with the required standards state law—hopefully resolving an issue that has come up in recent litigation.

CSAC also removed its opposition to SB 1069 by Senator Wieckowski based on amendments that removed problematic timeframes for approving second unit applications. The bill would now impose the 120-day timeframe for ministerial approval of second units in jurisdictions without an accessory dwelling ordinance to all second unit applications.

The bill had previously imposed a 90-day timeframe. SB 1069 had earlier been amended to resolve CSAC’s concerns with language that could prevent local sewer and water providers from charging adequate fees for capacity impacts of new second unit development.

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