AB 2689

Existing law, 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. Existing law prohibits an accessory dwelling unit from being sold or otherwise conveyed separate from the primary residence, except under certain conditions, including if a local agency adopts a local ordinance to allow the separate conveyance of the primary dwelling unit and accessory dwelling unit or units as condominiums, subject to certain requirements. Among these requirements, the ordinance must require a safety inspection of the accessory dwelling unit, as specified, before recordation of the condominium plan. This bill would remove the above-described requirement for a safety inspection before recordation of the condominium plan in connection with the separate conveyance of an accessory dwelling unit under these provisions. The bill would authorize a condominium plan to be submitted with a parcel map or a tentative and final map and, after the recordation of the condominium plan, would authorize that portion of the parcel, including the accessory dwelling unit to be sold or otherwise conveyed separate from the primary residence.