The proposed changes are intended to empower local agencies in their land use decisions, which proponents argue will lead to more adaptive housing solutions that meet local needs. By enabling local jurisdictions to set their own setback regulations, the bill aims to facilitate easier construction of ADUs, particularly in densely populated areas where space constraints often hinder such developments. However, it limits local agencies from creating setback requirements greater than those in effect as of January 1, 2020, preserving a minimum threshold for housing development.
Summary
Senate Bill 765, introduced by Senator Stern, amends Section 65852.2 of the Government Code to alter the regulation of accessory dwelling units (ADUs) in California. The current law restricts local agencies from imposing setback requirements greater than four feet from side and rear property lines for new ADUs that are not converted from existing structures. SB 765 proposes to remove this restriction, allowing local agencies to set their own rear and side yard setback requirements. This flexibility is aimed at promoting the construction of ADUs, thus addressing housing shortages in California.
Contention
Despite its objectives, SB 765 has prompted contention regarding the balance of local control versus state regulations. Supporters of the bill believe that local agencies should have the authority to make zoning decisions based on their unique environments. However, opponents express concern that removing state-imposed restrictions could lead to inconsistent application of housing laws, potentially exacerbating local housing crises if certain areas implement overly stringent setbacks. Moreover, there are concerns about the implications of this bill on community character and public safety as local guidelines may vary widely across jurisdictions.