| 1 | 1 | | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Senate Bill No. 9Introduced by Senator ArregunDecember 02, 2024 An act to amend Sections 66315 and 66322 of the Government Code, relating to land use. LEGISLATIVE COUNSEL'S DIGESTSB 9, as introduced, Arregun. Accessory Dwelling Units: owner-occupant requirements.The Planning and Zoning Law provides for the creation of an accessory dwelling unit by local ordinance, or, if a local agency has not adopted an ordinance, by ministerial approval, in accordance with specified standards. The law prohibits a local agency from imposing an owner-occupant requirement or any additional standards, except as specified, when evaluating a proposed accessory dwelling unit on a lot that includes a proposed or existing single-family dwelling. The law also prohibits a local agency from imposing parking standards for an accessory dwelling unit, as specified, whether or not the local agency has adopted a local ordinance pursuant to these provisions.This bill would additionally prohibit a local agency from imposing an owner-occupant requirement for a proposed or existing accessory dwelling unit whether or not the local agency has adopted a local ordinance pursuant to these provisions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 66315 of the Government Code is amended to read:66315. Section 66314 establishes the maximum standards that a local agency shall use to evaluate a proposed accessory dwelling unit on a lot that includes a proposed or existing single-family dwelling. No additional standards, other than those provided in Section 66314, shall be used or imposed, including an owner-occupant requirement, except that a local agency may require that the property may be used for rentals of terms 30 days or longer.SEC. 2. Section 66322 of the Government Code is amended to read:66322. Notwithstanding any other law, and whether or not the local agency has adopted an ordinance governing accessory dwelling units in accordance with Section 66314, all of the following shall apply:(a) A local agency shall not impose any parking standards for an accessory dwelling unit in any of the following instances:(1) Where the accessory dwelling unit is located within one-half of one mile walking distance of public transit.(2) Where the accessory dwelling unit is located within an architecturally and historically significant historic district.(3) Where the accessory dwelling unit is part of the proposed or existing primary residence or an accessory structure.(4) When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit.(5) When there is a car share vehicle located within one block of the accessory dwelling unit.(6) When a permit application for an accessory dwelling unit is submitted with a permit application to create a new single-family dwelling or a new multifamily dwelling on the same lot, provided that the accessory dwelling unit or the parcel satisfies any other criteria listed in this subdivision.(b) A local agency shall not impose an owner-occupancy requirement for a proposed or existing accessory dwelling unit.(b)(c) The local agency shall not deny an application for a permit to create an accessory dwelling unit due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the accessory dwelling unit. |
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| 3 | 3 | | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Senate Bill No. 9Introduced by Senator ArregunDecember 02, 2024 An act to amend Sections 66315 and 66322 of the Government Code, relating to land use. LEGISLATIVE COUNSEL'S DIGESTSB 9, as introduced, Arregun. Accessory Dwelling Units: owner-occupant requirements.The Planning and Zoning Law provides for the creation of an accessory dwelling unit by local ordinance, or, if a local agency has not adopted an ordinance, by ministerial approval, in accordance with specified standards. The law prohibits a local agency from imposing an owner-occupant requirement or any additional standards, except as specified, when evaluating a proposed accessory dwelling unit on a lot that includes a proposed or existing single-family dwelling. The law also prohibits a local agency from imposing parking standards for an accessory dwelling unit, as specified, whether or not the local agency has adopted a local ordinance pursuant to these provisions.This bill would additionally prohibit a local agency from imposing an owner-occupant requirement for a proposed or existing accessory dwelling unit whether or not the local agency has adopted a local ordinance pursuant to these provisions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO |
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| 9 | 9 | | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION |
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| 11 | 11 | | Senate Bill |
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| 13 | 13 | | No. 9 |
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| 15 | 15 | | Introduced by Senator ArregunDecember 02, 2024 |
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| 16 | 16 | | |
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| 17 | 17 | | Introduced by Senator Arregun |
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| 18 | 18 | | December 02, 2024 |
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| 19 | 19 | | |
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| 20 | 20 | | An act to amend Sections 66315 and 66322 of the Government Code, relating to land use. |
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| 21 | 21 | | |
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| 22 | 22 | | LEGISLATIVE COUNSEL'S DIGEST |
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| 23 | 23 | | |
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| 24 | 24 | | ## LEGISLATIVE COUNSEL'S DIGEST |
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| 25 | 25 | | |
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| 26 | 26 | | SB 9, as introduced, Arregun. Accessory Dwelling Units: owner-occupant requirements. |
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| 27 | 27 | | |
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| 28 | 28 | | The Planning and Zoning Law provides for the creation of an accessory dwelling unit by local ordinance, or, if a local agency has not adopted an ordinance, by ministerial approval, in accordance with specified standards. The law prohibits a local agency from imposing an owner-occupant requirement or any additional standards, except as specified, when evaluating a proposed accessory dwelling unit on a lot that includes a proposed or existing single-family dwelling. The law also prohibits a local agency from imposing parking standards for an accessory dwelling unit, as specified, whether or not the local agency has adopted a local ordinance pursuant to these provisions.This bill would additionally prohibit a local agency from imposing an owner-occupant requirement for a proposed or existing accessory dwelling unit whether or not the local agency has adopted a local ordinance pursuant to these provisions. |
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| 29 | 29 | | |
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| 30 | 30 | | The Planning and Zoning Law provides for the creation of an accessory dwelling unit by local ordinance, or, if a local agency has not adopted an ordinance, by ministerial approval, in accordance with specified standards. The law prohibits a local agency from imposing an owner-occupant requirement or any additional standards, except as specified, when evaluating a proposed accessory dwelling unit on a lot that includes a proposed or existing single-family dwelling. The law also prohibits a local agency from imposing parking standards for an accessory dwelling unit, as specified, whether or not the local agency has adopted a local ordinance pursuant to these provisions. |
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| 32 | 32 | | This bill would additionally prohibit a local agency from imposing an owner-occupant requirement for a proposed or existing accessory dwelling unit whether or not the local agency has adopted a local ordinance pursuant to these provisions. |
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| 33 | 33 | | |
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| 34 | 34 | | ## Digest Key |
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| 36 | 36 | | ## Bill Text |
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| 38 | 38 | | The people of the State of California do enact as follows:SECTION 1. Section 66315 of the Government Code is amended to read:66315. Section 66314 establishes the maximum standards that a local agency shall use to evaluate a proposed accessory dwelling unit on a lot that includes a proposed or existing single-family dwelling. No additional standards, other than those provided in Section 66314, shall be used or imposed, including an owner-occupant requirement, except that a local agency may require that the property may be used for rentals of terms 30 days or longer.SEC. 2. Section 66322 of the Government Code is amended to read:66322. Notwithstanding any other law, and whether or not the local agency has adopted an ordinance governing accessory dwelling units in accordance with Section 66314, all of the following shall apply:(a) A local agency shall not impose any parking standards for an accessory dwelling unit in any of the following instances:(1) Where the accessory dwelling unit is located within one-half of one mile walking distance of public transit.(2) Where the accessory dwelling unit is located within an architecturally and historically significant historic district.(3) Where the accessory dwelling unit is part of the proposed or existing primary residence or an accessory structure.(4) When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit.(5) When there is a car share vehicle located within one block of the accessory dwelling unit.(6) When a permit application for an accessory dwelling unit is submitted with a permit application to create a new single-family dwelling or a new multifamily dwelling on the same lot, provided that the accessory dwelling unit or the parcel satisfies any other criteria listed in this subdivision.(b) A local agency shall not impose an owner-occupancy requirement for a proposed or existing accessory dwelling unit.(b)(c) The local agency shall not deny an application for a permit to create an accessory dwelling unit due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the accessory dwelling unit. |
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| 40 | 40 | | The people of the State of California do enact as follows: |
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| 42 | 42 | | ## The people of the State of California do enact as follows: |
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| 44 | 44 | | SECTION 1. Section 66315 of the Government Code is amended to read:66315. Section 66314 establishes the maximum standards that a local agency shall use to evaluate a proposed accessory dwelling unit on a lot that includes a proposed or existing single-family dwelling. No additional standards, other than those provided in Section 66314, shall be used or imposed, including an owner-occupant requirement, except that a local agency may require that the property may be used for rentals of terms 30 days or longer. |
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| 46 | 46 | | SECTION 1. Section 66315 of the Government Code is amended to read: |
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| 47 | 47 | | |
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| 48 | 48 | | ### SECTION 1. |
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| 49 | 49 | | |
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| 50 | 50 | | 66315. Section 66314 establishes the maximum standards that a local agency shall use to evaluate a proposed accessory dwelling unit on a lot that includes a proposed or existing single-family dwelling. No additional standards, other than those provided in Section 66314, shall be used or imposed, including an owner-occupant requirement, except that a local agency may require that the property may be used for rentals of terms 30 days or longer. |
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| 52 | 52 | | 66315. Section 66314 establishes the maximum standards that a local agency shall use to evaluate a proposed accessory dwelling unit on a lot that includes a proposed or existing single-family dwelling. No additional standards, other than those provided in Section 66314, shall be used or imposed, including an owner-occupant requirement, except that a local agency may require that the property may be used for rentals of terms 30 days or longer. |
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| 54 | 54 | | 66315. Section 66314 establishes the maximum standards that a local agency shall use to evaluate a proposed accessory dwelling unit on a lot that includes a proposed or existing single-family dwelling. No additional standards, other than those provided in Section 66314, shall be used or imposed, including an owner-occupant requirement, except that a local agency may require that the property may be used for rentals of terms 30 days or longer. |
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| 58 | 58 | | 66315. Section 66314 establishes the maximum standards that a local agency shall use to evaluate a proposed accessory dwelling unit on a lot that includes a proposed or existing single-family dwelling. No additional standards, other than those provided in Section 66314, shall be used or imposed, including an owner-occupant requirement, except that a local agency may require that the property may be used for rentals of terms 30 days or longer. |
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| 60 | 60 | | SEC. 2. Section 66322 of the Government Code is amended to read:66322. Notwithstanding any other law, and whether or not the local agency has adopted an ordinance governing accessory dwelling units in accordance with Section 66314, all of the following shall apply:(a) A local agency shall not impose any parking standards for an accessory dwelling unit in any of the following instances:(1) Where the accessory dwelling unit is located within one-half of one mile walking distance of public transit.(2) Where the accessory dwelling unit is located within an architecturally and historically significant historic district.(3) Where the accessory dwelling unit is part of the proposed or existing primary residence or an accessory structure.(4) When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit.(5) When there is a car share vehicle located within one block of the accessory dwelling unit.(6) When a permit application for an accessory dwelling unit is submitted with a permit application to create a new single-family dwelling or a new multifamily dwelling on the same lot, provided that the accessory dwelling unit or the parcel satisfies any other criteria listed in this subdivision.(b) A local agency shall not impose an owner-occupancy requirement for a proposed or existing accessory dwelling unit.(b)(c) The local agency shall not deny an application for a permit to create an accessory dwelling unit due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the accessory dwelling unit. |
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| 62 | 62 | | SEC. 2. Section 66322 of the Government Code is amended to read: |
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| 64 | 64 | | ### SEC. 2. |
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| 66 | 66 | | 66322. Notwithstanding any other law, and whether or not the local agency has adopted an ordinance governing accessory dwelling units in accordance with Section 66314, all of the following shall apply:(a) A local agency shall not impose any parking standards for an accessory dwelling unit in any of the following instances:(1) Where the accessory dwelling unit is located within one-half of one mile walking distance of public transit.(2) Where the accessory dwelling unit is located within an architecturally and historically significant historic district.(3) Where the accessory dwelling unit is part of the proposed or existing primary residence or an accessory structure.(4) When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit.(5) When there is a car share vehicle located within one block of the accessory dwelling unit.(6) When a permit application for an accessory dwelling unit is submitted with a permit application to create a new single-family dwelling or a new multifamily dwelling on the same lot, provided that the accessory dwelling unit or the parcel satisfies any other criteria listed in this subdivision.(b) A local agency shall not impose an owner-occupancy requirement for a proposed or existing accessory dwelling unit.(b)(c) The local agency shall not deny an application for a permit to create an accessory dwelling unit due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the accessory dwelling unit. |
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| 68 | 68 | | 66322. Notwithstanding any other law, and whether or not the local agency has adopted an ordinance governing accessory dwelling units in accordance with Section 66314, all of the following shall apply:(a) A local agency shall not impose any parking standards for an accessory dwelling unit in any of the following instances:(1) Where the accessory dwelling unit is located within one-half of one mile walking distance of public transit.(2) Where the accessory dwelling unit is located within an architecturally and historically significant historic district.(3) Where the accessory dwelling unit is part of the proposed or existing primary residence or an accessory structure.(4) When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit.(5) When there is a car share vehicle located within one block of the accessory dwelling unit.(6) When a permit application for an accessory dwelling unit is submitted with a permit application to create a new single-family dwelling or a new multifamily dwelling on the same lot, provided that the accessory dwelling unit or the parcel satisfies any other criteria listed in this subdivision.(b) A local agency shall not impose an owner-occupancy requirement for a proposed or existing accessory dwelling unit.(b)(c) The local agency shall not deny an application for a permit to create an accessory dwelling unit due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the accessory dwelling unit. |
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| 70 | 70 | | 66322. Notwithstanding any other law, and whether or not the local agency has adopted an ordinance governing accessory dwelling units in accordance with Section 66314, all of the following shall apply:(a) A local agency shall not impose any parking standards for an accessory dwelling unit in any of the following instances:(1) Where the accessory dwelling unit is located within one-half of one mile walking distance of public transit.(2) Where the accessory dwelling unit is located within an architecturally and historically significant historic district.(3) Where the accessory dwelling unit is part of the proposed or existing primary residence or an accessory structure.(4) When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit.(5) When there is a car share vehicle located within one block of the accessory dwelling unit.(6) When a permit application for an accessory dwelling unit is submitted with a permit application to create a new single-family dwelling or a new multifamily dwelling on the same lot, provided that the accessory dwelling unit or the parcel satisfies any other criteria listed in this subdivision.(b) A local agency shall not impose an owner-occupancy requirement for a proposed or existing accessory dwelling unit.(b)(c) The local agency shall not deny an application for a permit to create an accessory dwelling unit due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the accessory dwelling unit. |
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| 74 | 74 | | 66322. Notwithstanding any other law, and whether or not the local agency has adopted an ordinance governing accessory dwelling units in accordance with Section 66314, all of the following shall apply: |
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| 76 | 76 | | (a) A local agency shall not impose any parking standards for an accessory dwelling unit in any of the following instances: |
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| 78 | 78 | | (1) Where the accessory dwelling unit is located within one-half of one mile walking distance of public transit. |
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| 80 | 80 | | (2) Where the accessory dwelling unit is located within an architecturally and historically significant historic district. |
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| 82 | 82 | | (3) Where the accessory dwelling unit is part of the proposed or existing primary residence or an accessory structure. |
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| 84 | 84 | | (4) When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit. |
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| 86 | 86 | | (5) When there is a car share vehicle located within one block of the accessory dwelling unit. |
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| 88 | 88 | | (6) When a permit application for an accessory dwelling unit is submitted with a permit application to create a new single-family dwelling or a new multifamily dwelling on the same lot, provided that the accessory dwelling unit or the parcel satisfies any other criteria listed in this subdivision. |
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| 90 | 90 | | (b) A local agency shall not impose an owner-occupancy requirement for a proposed or existing accessory dwelling unit. |
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| 92 | 92 | | (b) |
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| 96 | 96 | | (c) The local agency shall not deny an application for a permit to create an accessory dwelling unit due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the accessory dwelling unit. |
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