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STATFOi CAIIi()RNIA <br />AUT.NEN1gCATFED <br />Assembly Bill No. 2299 <br />An act to amend Section 65852.2 of the Government Code, relating to <br />land use. <br />[Approved by Governor September 27, 2016. Filed with <br />Secretary of State September 27, 2016.1 <br />LEGISLATIVE COUNSEL'S DIGEST <br />AB 2299, Bloom. Land use: housing: 2nd units. <br />The Planning and Zoning Law authorizes the legislative body of a city <br />or county to regulate, among other things, the intensity of land use, and also <br />authorizes a local agency to provide by ordinance for the creation of 2nd <br />units in single-family and multifamily residential zones, as specified. Existing <br />law authorizes the ordinance to designate areas within the jurisdiction of <br />the local agency where 2nd units may be permitted, to impose specified <br />standards on 2nd units, and to provide that 2nd units do not exceed allowable <br />density and are a residential use, as specified. <br />This bill would replace the term "second unit" with "accessory dwelling <br />unit" The bill would, instead, require the ordinance to include the elements <br />described above and would also require the ordinance to require accessory <br />dwelling units to comply with specified conditions. This bill would require <br />ministerial, nondiscretionary approval of an accessory dwelling unit under <br />an existing ordinance. The bill would also specify that a local agency may <br />reduce or eliminate parking requirements for any accessory dwelling unit <br />located within its jurisdiction. <br />Existing law requires that parking requirements for 2nd units not exceed <br />one parking space per unit or per bedroom. Under existing law, additional <br />parking may be required provided that a finding is made that the additional <br />parking requirements are directly related to the use of the 2nd unit and are <br />consistent with existing neighborhood standards applicable to residential <br />dwellings. <br />This bill would delete the above-described authorization for additional <br />parking requirements. <br />By increasing the duties of local officials with respect to land use <br />regulations, this bill would impose a state -mandated local program. <br />This bill would incorporate additional changes in Section 65852.2 of the <br />Government Code proposed by SB 1069 that would become operative only <br />if SB 1069 and this bill are both chaptered and become effective on or before <br />January 1, 2017, and this bill is chaptered last. <br />The California Constitution requires the state to reimburse local agencies <br />and school districts for certain costs mandated by the state. Statutory <br />provisions establish procedures for making that reimbursement. <br />94 <br />