AB 365

This bill requires political subdivisions with zoning ordinances to allow as a use permitted by right at least one accessory dwelling unit (ADU) on each parcel on which single-family or multi-family residential use is a use permitted by right. The bill also prohibits political subdivisions from doing any of the following:

1. Charging fees, other than standard building permit fees, related to the addition of an ADU to a parcel.

2. Providing dimensional, physical, design, or locational requirements that apply to ADUs, but do not apply to single-family dwellings.

3. Providing standards, other than standards relating to habitability, that apply to ADUs but do not apply to other accessory structures.

4. Imposing any additional parking requirements to parcels on the basis of the existence of an ADU.

5. Requiring the installation of a separate utility connection to an ADU.

The bill also provides that any covenant, restriction, or condition contained in a deed or other instrument affecting real property that prohibits or unreasonably restricts the construction, maintenance, or use of an ADU is void and unenforceable and prohibits a homeowners’ association from restricting or preventing the construction, maintenance, or use of an ADU, except to the extent necessary to protect public health and safety.

Because this bill may increase or decrease, directly or indirectly, the cost of the development, construction, financing, purchasing, sale, ownership, or availability of housing in this state, the Department of Administration, as required by law, will prepare a report to be printed as an appendix to this bill.