20250AB__105597AMD INTRODUCED 2025-02-20 AMENDED_ASSEMBLY 2025-03-10 AMENDED_ASSEMBLY 2025-04-10 2025 AB AMD Introduced by Assembly Member Boerner LEAD_AUTHOR ASSEMBLY Boerner

An act to amend

Section of the Government Code, relating to land use. land use Accessory dwelling units: proof of residential occupancy requirements. Existing law, the Planning and Zoning Law, provides for the creation of an accessory dwelling unit by local ordinance or, if a local agency has not adopted an ordinance, by ministerial approval, in accordance with specified standards.

Existing law similarly provides for the creation of junior accessory dwelling units by local ordinance or, if a local agency has not adopted an ordinance, by ministerial approval, in single-family residential zones in accordance with specified standards and conditions. Existing law generally prohibits a local agency from imposing additional standards, as specified, when evaluating a proposed accessory dwelling unit on a lot that includes a proposed or existing single-family dwelling. However, existing law authorizes a local agency to require that the property be used for rentals of terms days or longer.

This bill would additionally authorize a local agency to require the property owner to certify, as specified, that the accessory dwelling unit will be occupied as a residential dwelling unit for at least months out of each calendar year. The bill would authorize the local agency to annually recertify, as specified, that the accessory dwelling unit is occupied as a residential dwelling unit for at least months out of each calendar year.

The bill would require the local agency, in enforcing the annual recertification provisions described above, to include at least notices to the owner of the accessory dwelling unit, and would prohibit the local agency from, among other things, charging more than a reasonable fine for failure to comply with the above-described annual certification provisions, as specified. MAJORITY NO NO NO NO NO NO NO NO NO NO The people of the State of California do enact as follows:

SECTION 1.

Section of the Government Code is amended to read: 66315.

Section establishes the maximum standards that a local agency shall use to evaluate a proposed accessory dwelling unit on a lot that includes a proposed or existing single-family dwelling. No additional standards, other than those provided in

Section 66314, shall be used or imposed, including an owner-occupant requirement, except that a local agency may require any of the following: (

a) That the property may be used for rentals of terms days or longer. (b)<xhtml:span class="EnSpace"/>Proof of residential occupancy for any streamlining of accessory dwelling units or junior accessory dwelling units.</xhtml:p>"?> (b)

(1) The property owner to certify that the accessory dwelling unit will be occupied as a residential dwelling unit for at least six months out of each calendar year.

(2) The certification shall not be made under penalty of perjury. (

c) The local agency may annually recertify for the first years, through self-certification of the owner of the accessory dwelling unit, that the accessory dwelling unit is occupied as a residential dwelling unit for at least six months out of each calendar year. (d)

(1) In enforcing subdivision (c), a local agency shall include at least two notices to the owner of the accessory dwelling unit.

(2) In enforcing subdivision (c), a local agency shall not do either of the following: (

A) Require the owner of an accessory dwelling unit to tear down their accessory dwelling unit for not being used as a residential dwelling unit for at least six months out of each calendar year. (B) (

i) Charge more than a reasonable fine for failure to comply with subdivision (c). (ii) For purposes of this subparagraph, a reasonable fine is a fine as described in subdivision (

c) of

Section 25132.