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.' . . . , . 11. - AB 2702 Assembly Bill - AMENDED Page 1 of9 (Ó.213--5 BILL NUMBER, AB 2702 AMENDED BILL TEXT '-- AMENDED IN ASSEMBLY MARCH 26, 2004 INTRODUCED BY Assembly Member Steinberg FEBRUARY 20, 2004 An act to amend Section 65583 of, to add Sections 65852.8 and 65917.1 to, and to repeal Section 65852.2 of, the Government Code, relating to housing. LEGISLATIVE COUNSEL'S DIGEST AB 2702, as amended, Steinberg. Housing, second units. (1) The Planning and Zoning Law requires the housing element of the general plan of a city or county to include, among other things, a program with a 5-year schedule of actions that the local government is undertaking or intends to undertake to implement the goals and objectives of the housing element. The program is also required to provide for sufficient sites with zoning that permits owner-occupied and rental multifamily residential use by right. This bill would revise the definition of the phrase "use by right" as specified and state that the changes are declaratory of existing law. (2) The Planning and Zoning Law authorizes a local agency to '-- provide by ordinance for the creation of 2nd units on parcels zoned for a primary single-family and multifamily residence. When the local agency has not adopted an ordinance, it is required to grant a variance or special use permit for the creation of a 2nd unit that complies with statutory requirements but may require the applicant to be an owner-occupant. Existing law specifies the floor area of a permitted 2nd unit and parking requirements. This bill would, Ü'-"--"'. ~~,-"- except as specified, revise the above requirements -.....0 to require that local agencies t~ ""'-P" 9~",j-"---- "- permit 2nd units in all residential zones pursuant to specified criteria, but would authorize local agencies to impose greater restrictions on 2nd units in a R~.rg.i"'--"'>l a--- particular residential zone than on 2nd uni ts in other residential zones The bill would also provide that -- local agency ordinances, regulations, or policies may not t"t¡¡ l'~' preclude or effectively preclude 2nd units unless the Ç-¿iR-_M -<"..~.iR. local agency makes findings based on substantial evidence, as specified. The bill would prohibit a local agency from adopting an ordinance that requires an applicant or occupant of a 2nd unit or principal dwelling unit to be an owner-occupant or his or her dependent or a caregiver for the owner or dependent or that restricts the rent or income of occupants of 2nd units or that limits occupancy based on familial status -- age, or other specified characteristics The bill would prohibit ',,-- a local agency from imposing a deed restriction requirement or other specified restriction relating to occupancy, tenure, or other characteristics, ..IS specified. The bill would also prohibit a http://info.sen.ca.gov/pub!bíll/asmlab ~ 270l-2750/ab - 2702 - bill- 20040326- amended asm.h... 4/5/2004