AB 449

This bill requires political subdivisions with zoning ordinances to allow as a permitted use at least one accessory dwelling unit (ADU) on each parcel that is zoned for residential use or mixed use on which an existing single-family dwelling is located. A permitted use under the bill is a use of property that complies with all requirements of the zoning district in which the property is located and for which no conditional use, variance, or special review or approval is required for an accessory dwelling unit. The bill specifically allows political subdivisions to 1) limit the size of an ADU to not larger than the square footage of the existing single-family dwelling, 2) limit the height of an ADU, other than an ADU that is a conversion of an existing legal nonconforming structure, to not greater than the maximum height permitted in the underlying zoning district, 3) require that an ADU satisfy current setback and lot coverage requirements, and 4) prohibit the use of an ADU created on a parcel after the effective date of the bill as a short-term rental.

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.