Accessory dwelling units and junior accessory dwelling units.

Civil Code Section 4751 now applies only to 'common interest planned developments' rather than all 'common interest developments,' narrowing the bill's reach over HOA and condominium governing documents that restrict ADUs.

Senator Wiener was added as a coauthor of the bill.

New subdivision (b) of Government Code Section 66323 explicitly states that a local agency is not required to ministerially approve a junior accessory dwelling unit on the same lot where two detached, new construction, accessory dwelling units have been constructed. This codifies and clarifies the existing limitation in paragraph (2).

In Section 66323(a)(2), the conditions a local agency may impose are now specified as applying to 'a detached, new construction, accessory dwelling unit' rather than just 'a detached accessory dwelling unit,' clarifying that the 800-square-foot floor area and height limitations apply specifically to new construction units.

Civil Code Section 4751 no longer separately covers 'planned development' - it now only references 'common interest development,' narrowing the types of properties where restrictive covenants against ADUs are automatically void.

The prohibition on local agencies imposing unauthorized design standards now applies to 'any unit' rather than just 'accessory dwelling unit,' broadening protection to include junior ADUs.

A new explicit limitation states that a local agency is not required to permit two detached accessory dwelling units and a junior accessory dwelling unit on the same lot, clarifying that these cannot all be stacked together.

The fire sprinkler exemption is extended to junior accessory dwelling units - previously it only applied to standard ADUs. Building a JADU will no longer trigger a requirement to install sprinklers in the existing multifamily dwelling.

Former subdivision (g) of Section 66323 is deleted. This provision had required local agencies that adopted ADU ordinances by July 1, 2018 for multifamily structures to ministerially consider permit applications and limited the standards they could impose.

The 800 square foot floor area limit for detached ADUs now specifies 'of livable space,' clarifying what the measurement applies to.

The combination language in Section 66323(a) now includes 'except as provided in paragraph (2),' creating an explicit carve-out that limits which units can be combined on a single lot.

New Section 714.3 Civil Code amendment makes void and unenforceable any covenant, restriction, or condition in any instrument affecting transfer or sale of real property that effectively prohibits or unreasonably restricts ADUs or JADUs on a lot zoned to allow single-family residential use. This applies broadly to all real property instruments, not just common interest developments.

New Section 4751 Civil Code amendment expands the Davis-Stirling Common Interest Development Act provision from covering only 'planned development' to covering all 'common interest developments,' which includes condominium projects. This means condo HOAs can no longer use covenants or governing documents to block ADUs or JADUs.

Changed the zoning trigger language from 'zoned for single-family residential use' to 'zoned to allow single-family residential use' in both new Civil Code sections. This broader phrasing captures lots where single-family use is permitted among other uses, not just lots exclusively zoned for single-family.

Removed all provisions amending Section 50515.05 of the Health and Safety Code relating to the regional housing need allocation process, which had been described as nonsubstantive changes in the prior version.

Added a definition of 'reasonable restrictions' in both new Civil Code sections: restrictions that do not unreasonably increase construction cost, effectively prohibit construction, or extinguish the ability to construct an ADU/JADU. Explicitly states that fees and other financial requirements are NOT reasonable restrictions.

In Government Code Section 66323, added 'of livable space' after the 800 square feet floor area limitation for detached ADUs, clarifying that the limit applies to livable space rather than total footprint.

Expanded the fire sprinkler exemption in Government Code Section 66323 to explicitly include junior accessory dwelling units, not just accessory dwelling units. Previously only ADUs were covered.

Fiscal committee vote changed from 'no' to 'yes' and state-mandated local program designation changed from 'no' to 'yes,' reflecting the new obligations imposed on local agencies by the Civil Code amendments.

The bill now amends Section 66323 of the Government Code (Planning and Zoning Law) as its primary provision, expanding ADU ministerial approval requirements. The original amendment to Section 50515.05 of the Health and Safety Code (regional housing need allocation) is retained but demoted to a secondary section.

Adds coauthors Assembly Members Carrillo and Wicks, broadening legislative sponsorship of the bill.

Increases from 1 to 2 detached, new construction accessory dwelling units that a local agency must ministerially approve on lots with a proposed or existing single-family dwelling where side and rear yard setbacks do not exceed 4 feet. The ADU may be combined with a junior ADU.

Adds provisions allowing multiple ADUs within portions of existing multifamily dwelling structures not used as livable space (storage rooms, boiler rooms, attics, basements, garages), requiring local agencies to allow at least one and up to 25 percent of existing multifamily units.

Adds provisions for detached ADUs on multifamily lots: up to 8 on lots with existing multifamily dwellings (capped at the number of existing units) and up to 2 on lots with proposed multifamily dwellings, subject to height limitations and 4-foot setbacks.

Requires that rental of an ADU created under this section be for a term longer than 30 days, effectively prohibiting short-term rentals of these units.

Prohibits local agencies from imposing any objective development or design standard not authorized by the section on ADUs meeting the specified requirements, and prohibits requiring correction of nonconforming zoning conditions as a condition of ministerial approval.

Adds fire sprinkler exemption: sprinklers are not required in an ADU if not required for the primary residence, and constructing an ADU does not trigger sprinkler requirements in the existing multifamily dwelling.

Adds a reimbursement provision stating no state reimbursement is required because local agencies have authority to levy service charges, fees, or assessments sufficient to pay for the mandated program. The bill now triggers fiscal committee review and is designated as a state-mandated local program (both were 'no' in the introduced version).