Accessory Dwelling Units: ordinances.

Plain English Breakdown

The official source material does not provide details on specific consequences for invalidating a rule or what happens if the Department of Housing and Community Development does not respond within 30 days.

Rules for Small Houses in Backyards

This law sets rules for local governments to follow when making and submitting ordinances about small houses (accessory dwelling units) to the state housing department.

What This Bill Does

• Requires local agencies to send information about new accessory dwelling unit ordinances to the Department of Housing and Community Development within two months after adopting them.
• Gives the Department of Housing and Community Development power to check if these rules meet certain standards and tell local governments what needs fixing.
• If a local government does not fix problems or explain why their rules are okay, the state can notify the local agency that they are in violation of state law.

Who It Names or Affects

• Local governments that make rules about building accessory dwelling units on property.
• People who want to build or live in small houses (accessory dwelling units).
• The Department of Housing and Community Development and the Attorney General.

Terms To Know

Accessory Dwelling Unit

A smaller house built on the same property as a main house, often called a granny flat or backyard cottage.

Ministerial Approval

When an official must follow specific rules to approve something without using their own judgment.

Limits and Unknowns

• Does not specify what happens if the Department of Housing and Community Development does not respond within 30 days.
• Does not explain how local governments should fix problems with their rules.
• Does not detail specific consequences for invalidating a rule.

Official Summary Text

SB 9, Arreguín.
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.

Current Bill Text

Download Bill PDF