SB 13 - NYU Furman Center

State Land Use Enacted Legislation

Bill #	State	Year	Party	Topic
SB 13	CA	2019	D	Accessory dwelling units regulations, Allow ADUs where single-family homes are permitted, Building code reform, By-right zoning, Deadlines, Density Increases, Development Fees, Impact fees, Lands near transit, Limit local requirements on ADU occupants, Lot Size Requirements, Manufactured Housing, Minimum parking requirements, Other streamlining, Planning for climate adaptation and hazards, Streamline application, Streamline hearings, Technical assistance, Waiver of Fees, Written findings, burden and standard of proof

Provided by Furman

Summary

Expands ADU creation to all areas zoned for single-family or multifamily residential use, and allows ADUs to be attached to or located within a garage, storage area, or other accessory structure.
Prohibits replacement parking requirements when a garage, carport, or covered parking is demolished for ADU construction, and extends the parking exemption within ½ mile of public transit to apply based on walking distance (consistent with AB 881).
Mirrors AB 68 and AB 881 on size limits: 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.
Prohibits owner-occupancy requirements until January 1, 2025 (consistent with AB 881).
Reduces the review period from 120 to 60 days regardless of whether a local agency has adopted an ordinance; applications not acted upon within 60 days are deemed approved.
Prohibits impact fees on ADUs under 750 square feet; requires fees for ADUs of 750 square feet or more to be proportional to the square footage of the primary dwelling.
Authorizes owners of ADUs built before January 1, 2020, to request a 5-year delay in enforcement of violations if correcting them is not necessary to protect health and safety.
Strengthens HCD enforcement with written compliance findings and AG notification authority (consistent with AB 881).
Clarifies that local agencies may count ADUs toward RHNA housing need site identification.

Provided by lawmakers