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File Number: 17-123 <br />one of three ways: <br />1. Through the construction of a new detached structure on a property <br />2. Through the addition of new habitable floor space to an existing residence <br />3. Through the conversion of existing habitable space within the envelope of a home to a <br />separate dwelling unit <br />The Government Code generally treats the first and second categories the same, but <br />recognizes the third category as a separate class of dwelling (subject to streamlined <br />regulations). <br />Over the last two decades, the state adopted a number of laws that encourage ADUs and limit <br />the requirements that cities may impose on them. ADUs are generally regarded as an <br />effective way to increase housing options without changing neighborhood character. They <br />provide housing that is often affordable for renters, a source of income for homeowners, and a <br />housing resource for extended families, seniors, college students, and others. <br />On September 27, 2016, Governor Brown signed two pieces of legislation that required <br />California cities and counties to substantially revise their ADU regulations by January 1, 2017. <br />SB 1069 was sponsored by State Senator Wieckowski (D-Fremont) and AB 2299 was <br />sponsored by State Assemblyman Bloom (D-Santa Monica). The two bills include the <br />following provisions: <br />·Zoning Code references to “secondary dwelling” must be replaced with the term <br />“accessory dwelling unit” <br />·Local ordinances must state that ADU applications will be approved or disapproved <br />within 120 days after a complete application is received <br />·ADUs up to 1,200 square feet or up to 50 percent of the living area in an existing <br />dwelling may be permitted <br />·Cities cannot require more than one parking space per bedroom, however the following <br />provisions apply: <br />o Cities must waive parking requirements for ADUs that do not increase the net <br />habitable space on the property, or that are within one-half mile of public transit, <br />one block of a car share vehicle, or are within a historic district <br />o Cities must allow off-street parking requirements for ADUs to be met through <br />tandem parking or within required setback areas <br />o Garages may be converted to ADUs, provided that off-street parking <br />requirements for the primary residence and ADU are met <br />·Fire sprinklers can only be required for an ADU if they would be required for an <br />Page 2 City of San Leandro Printed on 3/13/2017 <br />19