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SB-431 Planning and zoning: building codes: accessory dwelling units.(2017-2018)

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Date Published: 03/20/2017 09:00 PM
SB431:v98#DOCUMENT

Amended  IN  Senate  March 20, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 431


Introduced by Senator Bates

February 15, 2017


An act to add Section 65852.23 to the Government Code, relating to housing.


LEGISLATIVE COUNSEL'S DIGEST


SB 431, as amended, Bates. Planning and zoning: housing: building codes: accessory dwelling units.
Provisions of the Planning and Zoning Law authorize the legislative body of a city or county to regulate the intensity of land use and also authorize a local agency to provide by ordinance for the creation of accessory dwelling units in single-family and multifamily residential zones, as specified.
This bill would state the intent of the Legislature to enact legislation that would create a program to incentivize owners of unpermitted or nonconforming accessory dwelling units to bring those accessory dwelling units into conformance with applicable state and local laws. bill, if a local agency makes its provisions applicable by ordinance or resolution, would authorize a local building inspector for 5 years following adoption of the ordinance or resolution to waive some or all requirements, with specified exceptions for certain health and safety requirements, of an applicable building code with respect to an accessory dwelling unit constructed prior to January 1, 2008, for the purpose of issuing a building permit for that accessory dwelling unit. The bill would specify that an accessory dwelling unit issued a permit pursuant to these provisions would not count toward the local agency’s allocation of the regional housing need.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 65852.23 is added to the Government Code, to read:

65852.23.
 (a) As used in this section, the following definitions shall apply:
(1) “Accessory dwelling unit” means an accessory dwelling unit, as defined in Section 65852.2, that was constructed prior to January 1, 2008.
(2) “Building code” includes, but is not limited to, a local building code, the California Building Standards Code, or the International Building Code.
(3) “Local agency” means a city, county, or city and county, whether general law or chartered.
(b) (1) Notwithstanding any other law, except as provided in paragraph (2), a local building inspector may waive some or all requirements of an applicable building code with respect to an accessory dwelling unit for the purpose of issuing a building permit for that accessory dwelling unit.
(2) Notwithstanding paragraph (1), any requirements of an applicable building code implementing Section 17920.3 of the Health and Safety Code, relating to substandard buildings, shall not be waived.
(3) An accessory dwelling unit issued a permit pursuant to this section shall not count towards meeting the local agency’s allocation of the regional housing need pursuant to Section 65584.
(c) This section shall only apply if the local agency has, by ordinance or resolution, made the provisions of this section applicable within its jurisdiction. The local building inspector may exercise the authority conferred by this section for five years following the date of enactment of the ordinance or resolution making the provisions of this section applicable within the jurisdiction of the local agency.

SECTION 1.

It is the intent of the Legislature to enact legislation that would create a program to incentivize owners of unpermitted or nonconforming accessory dwelling units to bring those accessory dwelling units into conformance with applicable state and local laws.