LANCissues.org - AB 2702 - Second Units on Single Family Residential Lots

Here's one of our current issues:

AB 2702 - Second Units on Single Family Residential Lots

Background:

In case this hasn't been brought to your attention, here's a statewide issue that is a citywide issue that is a neighborhood council issue.

Ken Marsh
ken.marsh@verizon.net

SUBJECT: Housing: second units

SOURCE: California Association of Realtors California Rural Legal Assistance Foundation Western Center on Law and Poverty

DIGEST: This bill restricts local governments ability to deny or place restrictions on the development of second unit housing. The bill establishes more detailed standards for local second unit ordinances and specifies what densities are to be allowed on school sites when housing and schools are built on the same site.

(please also see info forwarded below)

AB 2702 - Second Units on Single Family Residential Lots

This bill has passed through both legislative houses and has been sent to the Governor for his signature. Apparently, AB2702 would allow a homeowner (or developer) to build a second unit on property currently zoned for single family houses. Both the second and primary unit could be rented out.

From Associated Press, August 25, 2004: "A bill banning rules used by cities to limit second housing units on existing lots is headed to the desk of Gov. Arnold Schwarzenegger after winning a key Assembly vote Wednesday. The Assembly voted 48-14 to stop some cities from requiring covered parking or size limits for so-called "granny flats" or "mother-in-law" units. The Senate approved the bill Tuesday."

An excerpt from an email received: "AB 2702 basically does away with current zoning restrictions, allowing a homeowner (or developer) to build apartments or duplexes in a neighborhood of single family houses. This bill would PROHIBIT a local agency (like city governement or homeowner's association) from preventing these second units or multi-unit residences from being built. A local agency would also be prohibited from requiring that ANY unit be owner occupied...."

The text of this bill is at:
http://www.leginfo.ca.gov/pub/bill/asm/ab_2701-2750/ab_2702_bill_20040825_enrolled.html

An analysis of this bill is attached below and can be found at:
http://www.leginfo.ca.gov/pub/bill/asm/ab_2701-2750/ ab_2702_cfa_20040824_132502_sen_floor.html

League of California Cities website "Action Alert" has further information:
http://capwiz.com/cacities/mail/oneclick_compose/?alertid=6291371

Anyone with comments and/or concerns should immediately contact Governor Schwarzenegger at:

Governor Schwarzenegger
governor@governor.ca.gov
916 / 445-4633 fax
916 / 445-2841 phone

~~~~~~~~~~~~~~~~

Ken Marsh
ken.marsh@verizon.net

AB 2702 - Second Units on
Single Family Residential Lots
AB 2702 - Assembly Bill Analysis
(word doc)

Here's how one group responded:

Dear Neighborhood Council:

Old Granada Hills Residents’ Group took a position against AB 2702 (unanimous vote) at our 9/2/04 meeting. We have also forwarded our position statement to all City Council members, Mayor and other neighborhood organizations. Most residential organizations fear any legislation that would lead to increased density and overbuilding. If you haven't already done so, we are asking that you:

1. Contact all City Council Member and Mayor to take a position (as a City) against AB 2702.

2. Forward your own position statement to the Governor.

We do not have much time. If the Governor does not VETO AB 2702 by 9/30/04, it will become law!

There are many State laws that dictate local zoning codes and override City ordinances. Local governments are still adjusting to the mandates imposed by last year’s AB 1866 (Wright), which prohibited public hearings on second unit applications. Yet another "one-size-fits-all" legislation (AB 2702) is not appropriate for all communities throughout the State of California. AB 2702 would:

*increase housing stock by increasing density in neighborhoods
*liberalize parking restrictions
*prohibit local governments from restrictions unless health and safety affected
*Allow secondary structures to be a min. 550 sq ft
*Allow secondary structures to be rented
*Not include provisions to upgrade aging infrastructure or increase city services
*Remove citizen's input regarding local planning

For more information regarding this bill please access: www.leginfo.ca.gov and
www.cacities.org

Contact Info: www.governor.ca.gov and www.lacity.org

Thank You!

Maria Fisk
m.fisk@verison.net
Zoning and Density Committee, Old Granada Hills Residents’ Group