Accessory dwelling units.
The legislation aims to amend local procedures regarding ADUs to ensure that local agencies facilitate their creation rather than impede them. By eliminating certain restrictions, such as minimum lot size requirements and setback rules for existing buildings being converted into ADUs, the bill enhances the feasibility of ADUs as a viable housing solution. Moreover, it restricts local agencies from requiring off-street parking when an ADU is located near public transit, which is likely to promote greater accessibility and encourage urban density. The EB also restricts local agencies from requiring owner-occupant status for a property, which lowers barriers for rental opportunities.
Assembly Bill No. 881, also known as AB 881, pertains to the state of California's regulations regarding accessory dwelling units (ADUs). The bill authorizes local agencies to create ordinances for the establishment of ADUs while laying out the conditions under which these units can be created, including where they can be strategically placed based on utilities' adequacy and public safety evaluations. AB 881 mandates that local agencies must approve or deny permit applications for ADUs within 60 days, an acceleration from the previous 120 days. This is designed to streamline the permitting process to encourage more ADU constructions across the state, thus alleviating the housing crisis.
The overall sentiment around AB 881 has leaned towards being supportive among housing advocates and developers who view it as a necessary step toward addressing California's housing shortage. Advocates argue that expanding ADUs can significantly increase housing supply, particularly in urban areas. However, there are concerns from certain local government bodies and community groups about maintaining local control over land use and ensuring adequate infrastructure to support increased density. This sentiment indicates a tension between state mandates for housing development and local interests.
The principal points of contention surrounding AB 881 include the reduction of local authority over zoning and land-use decisions. Local jurisdictions worry that the state mandate to expedite ADU approvals could lead to inconsistencies with community plans or insufficient infrastructure to support increased housing. Additionally, there are concerns regarding the balance between housing development and the preservation of neighborhood character and environment. The findings related to statewide concern potentially preempt local regulations can create friction between state objectives and local governance.