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State Land Use Enacted Legislation

Bill # State Year Party Topic

AB 68

CA 2019 D By-right zoning, Written findings, burden and standard of proof

Provided by Furman

Summary

  • Removes lot coverage and minimum lot size as permissible ADU ordinance standards, and expands eligible ADU locations to include attached garages, storage areas, and accessory structures.
  • Reduces the permit approval window from 120 to 60 days for lots with an existing single-family or multifamily dwelling.
  • Replaces the efficiency unit floor for size restrictions with a minimum of 800 square feet, 16 feet in height, and 4-foot side and rear yard setbacks, and prohibits lot coverage, FAR, open space, and minimum lot size limits that would prevent construction meeting those specifications.
  • Expands ministerial approval to cover: 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.
  • Strengthens HCD enforcement by authorizing written compliance findings, requiring local agencies to amend noncompliant ordinances or adopt findings-based resolutions, and requiring HCD to notify the Attorney General if a local agency fails to comply.
  • Prohibits issuance of a certificate of occupancy for an ADU before the primary residence receives its certificate, and requires local agencies without JADU ordinances to apply the same standards as those with ordinances.

Provided by lawmakers

Bill Title

Land use: accessory dwelling units

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