SB 897 - NYU Furman Center

State Land Use Enacted Legislation

Bill #	State	Year	Party	Topic
SB 897	CA	2022	D	Accessory dwelling units regulations, Building code reform, Minimum parking requirements, Written findings, burden and standard of proof

Provided by Furman

Summary

Requires a junior accessory dwelling unit (JADU) that does not include a separate bathroom to have its own entrance that is separate from the main entrance to the structure, while still allowing an interior entry to the primary living area.

Prohibits a local agency from denying a permit application to create a JADU solely because of the correction of nonconforming zoning conditions, building code violations, or unpermitted structures, provided those conditions do not pose a threat to public health and safety and are not impacted by the construction of the JADU.

Establishes the following requirements for local ordinances regarding accessory dwelling units:

Grant programs to fund ADUs should fund predevelopment costs, while also facilitating oversight of local ADU ordinances and requiring the imposition of objective standards in single-family or multi-family zones.
Clarifies that an ADU shall not constitute a Group R occupancy change under local building code, unless the agency makes a written finding based on substitute evidence of impact on public health and safety. However, this is not to be interpreted as preventing a locality from changing the occupancy code from a nonresidential to subsequent residential use.
Edits the language to require a local agency to “approve or deny” a permit application, rather than simply “act upon” it.
The requirement that a demolition permit for a detached garage that will be replaced with an accessory dwelling unit be reviewed with the application for the accessory dwelling unit, and issued at the same time. However, this act does not require for there to be written notice or post of a placard for the demolition of such a detached garage, unless the property is located in an architecturally and historically significant historic district.
The construction of an accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.
Bans local owner-occupancy requirement on ADUS permitted between January 1 2020-2025, but does allow owner-occupancy for either the ADU or primary home outside this and outside rentals for more than 30 days.
If a permitting agency denies an application for an ADU, it must, within the required time period, give the applicant written feedback explaining what is wrong or missing in the application and how the applicant can fix those issues.
Increases the max height limitation that may be imposed by a local agency on ADUs.
Prevents additional parking requirements when a ADU permit is submitted with a permit for a new single-family dwelling unit on the same lot.

Provided by lawmakers