AB 881 - NYU Furman Center

State Land Use Enacted Legislation

Bill #	State	Year	Party	Topic
AB 881	CA	2019	D	Accessory dwelling units regulations, Allow ADUs where single-family homes are permitted, By-right zoning, Deadlines, Density Increases, Development Fees, Impact fees, Lot Size Requirements, Manufactured Housing, Minimum parking requirements, Other streamlining, Streamline hearings, Written findings, burden and standard of proof

Provided by Furman

Summary

Requires local agencies to designate ADU-permitted areas based on water/sewer adequacy and traffic/safety impacts, removing the prior discretionary “including but not limited to” framing, and prohibits certificates of occupancy for ADUs before the primary residence receives one. Removes lot coverage and minimum lot size as permissible ordinance standards; expands eligible ADU locations to include attached garages, storage areas, and accessory structures.
Expands setback prohibitions to cover any existing living area or accessory structure converted to an ADU, and caps setbacks at 4 feet for non-converted or new ADU structures.
Prohibits local agencies from requiring replacement off-street parking when a garage, carport, or covered structure is demolished or converted for ADU construction.
Reduces the permit approval window from 120 to 60 days for lots with an existing single-family or multifamily dwelling.
Prohibits owner-occupancy requirements until January 1, 2025.
Prohibits minimum square footage requirements that would prevent an efficiency unit, caps maximum square footage requirements at no less than 850 square feet (1,000 for units with more than one bedroom), and prohibits lot coverage, FAR, open space, and minimum lot size limits that would prevent an 800 square foot ADU at 16 feet with 4-foot setbacks.
Narrows the parking exemption to ADUs within ½ mile walking distance of public transit, with public transit defined by the bill.
Expands ministerial approval to the same four categories as AB 68: one ADU and one JADU per single-family lot; detached new construction ADUs; multiple ADUs within existing multifamily structures; and up to two detached ADUs on multifamily lots.
Creates an exception allowing fees and capacity charges to apply to ADUs constructed alongside a new single-family home.
Revises the ADU definition to require the unit be located on a lot with a proposed or existing primary residence.
Strengthens HCD enforcement with written compliance findings, local agency amendment or findings requirements, and AG notification authority; authorizes HCD to adopt guidelines for uniform ADU standards.
Applies to all cities including charter cities as a matter of statewide concern.