20250SB__000993CHP INTRODUCED 2024-12-02 AMENDED_SENATE 2025-04-24 AMENDED_SENATE 2025-04-28 AMENDED_SENATE 2025-05-08 AMENDED_ASSEMBLY 2025-06-19 PASSED_ASSEMBLY 2025-08-28 PASSED_SENATE 2025-09-03 ENROLLED 2025-09-05 CHAPTERED 2025-10-10 APPROVED 2025-10-10 FILED 2025-10-10 SB CHP CHP Introduced by Senator Arreguín (Coauthor: Senator McNerney) LEAD_AUTHOR SENATE Arreguín COAUTHOR SENATE McNerney

An act to amend

Section of the Government Code, relating to land use. land use Accessory Dwelling Units: ordinances. 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. The law requires a local agency to submit an accessory dwelling unit ordinance to the Department of Housing and Community Development within 60 days after adoption.

The law authorizes the department to submit written findings to a local agency as to whether the ordinance complies with the standards. If the department finds that the ordinance does not comply with the standards, the law requires the department to provide a local agency reasonable time, no longer than 30 days, to respond to its findings.

If the local agency does not amend its ordinance in response to those findings or does not adopt a resolution with findings explaining the reason the ordinance complies with the standards and addressing the department’s findings, the law requires the department to notify the local agency and authorizes the department to notify the Attorney General that the local agency is in violation of state law.

This bill would invalidate the ordinance if the local agency fails to submit a copy of the ordinance to the department within 60 days of adoption or fails to respond to the department’s findings that the ordinance does not comply with the standards within 30 days, as described above. 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: 66326. (

a) A local agency shall submit a copy of the ordinance adopted pursuant to

Section to the Department of Housing and Community Development within 60 days after adoption. After adoption of an ordinance, the department may submit written findings to the local agency as to whether the ordinance complies with this article. (b)

(1) If the department finds that the local agency’s ordinance does not comply with this article, the department shall notify the local agency and shall provide the local agency with a reasonable time, no longer than 30 days, to respond to the findings before taking any other action authorized by this article.

(2) The local agency shall consider the findings made by the department pursuant to paragraph (1) and shall do one of the following: (

A) Amend the ordinance to comply with this article. (

B) Adopt the ordinance without changes. The local agency shall include findings in its resolution adopting the ordinance that explain the reasons the local agency believes that the ordinance complies with this

article despite the findings of the department. (c)

(1) If the local agency does not amend its ordinance in response to the department’s findings or does not adopt a resolution with findings explaining the reason the ordinance complies with this

article and addressing the department’s findings, the department shall notify the local agency and may notify the Attorney General that the local agency is in violation of state law.

(2) Before notifying the Attorney General that the local agency is in violation of state law, the department may consider whether a local agency adopted an ordinance in compliance with this

article between January 1, 2017, and January 1, 2020. (

d) If a local agency fails to submit a copy of its ordinance to the department within 60 days of adoption pursuant to this

section or fails to respond to the department’s findings that the local ordinance does not comply with this

article within 30 days pursuant to this section, that ordinance shall be null and void. The local agency shall thereafter apply the standards established in this

article for the approval of accessory dwelling units, unless and until the agency adopts an ordinance that complies with this article, including, but not limited to, the submittal requirements of this section.