AB 956

Existing law, the Planning and Zoning Law, provides for the creation by local ordinance, or by ministerial approval if a local agency has not adopted an ordinance, of accessory dwelling units in areas zoned for single-family or multifamily dwelling residential use in accordance with specified standards and conditions. Existing law also provides for the creation of junior accessory dwelling units by local ordinance, or, if a local agency has not adopted an ordinance, by ministerial approval, in single-family residential zones in accordance with specified standards and conditions. Existing law, the Davis-Stirling Common Interest Development Act, governs the management and operation of common interest developments. Existing law defines “common interest development” for purposes of the act to include, among other things, a planned development and a condominium project. Existing law makes void and unenforceable any covenant, restriction, or condition contained in any instrument affecting the transfer or sale of any interest in a planned development, and any provision of a governing document, that effectively prohibits or unreasonably restricts the construction or use of an accessory dwelling unit or junior accessory dwelling unit on a lot zoned for single-family residential use that meets the above-described standards and conditions for those units. This bill would expand the provision that makes void and unenforceable any covenant, restriction, or condition contained in any instrument affecting the transfer or sale of any interest in a planned development to include any covenant, restriction, or condition contained in an instrument affecting the transfer or sale of any interest in a common interest development. The bill would revise the provision governing prohibitions or restrictions on the construction or use of an accessory dwelling unit or junior accessory dwelling unit on a lot zoned for single-family residential use to instead apply to the construction or use of an accessory dwelling unit or junior accessory dwelling unit on a lot zoned to allow single-family residential use. Other existing law also generally makes void and unenforceable any covenant, restriction, or condition contained in any instrument affecting the transfer or sale of any interest in real property that either effectively prohibits or unreasonably restricts the construction or use of an accessory dwelling unit or junior accessory dwelling unit on a lot zoned for single-family residential use that meets the above-described standards and conditions for those units. This bill would similarly revise that provision to instead apply to the construction or use of an accessory dwelling unit or junior accessory dwelling unit on a lot zoned to allow single-family residential use. Existing law requires a local agency to ministerially approve a building permit application within a residential or mixed-use zone to create, among other things, one detached, new construction, accessory dwelling unit that does not exceed 4-foot side and rear yard setbacks for a lot with a proposed or existing single-family dwelling, as specified. This bill would increase the number of detached, new construction, accessory dwelling units that a local agency is required to ministerially approve on lots with a proposed or existing single-family dwelling, as described above, to 2. By imposing new duties on local governments with respect to the approval of accessory dwelling units, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.