Accessory dwelling units and junior accessory dwelling units.
This legislation emphasizes the importance of affordable housing solutions statewide by asserting that the ability to build ADUs is a matter of state concern rather than a local issue. By streamlining the fee assessment process, SB1117 aims to reduce the financial burden on homeowners wishing to develop ADUs, potentially increasing the availability of affordable housing units. However, the inclusion of provisions for connection fees might still allow local governments to impose some costs, although restrictions are placed on imposing these for units of certain sizes.
Senate Bill 1117, introduced by Senator Cervantes, aims to amend Section 66311.5 of the Government Code concerning accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs). The bill proposes to clarify the conditions under which fees for the construction of these units can be assessed by local agencies. Under the current law, local agencies are restricted from imposing any impact fees on the construction of ADUs that have 750 square feet of interior livable space or less, and any fees charged for larger units must be proportional to the primary dwelling's square footage. SB1117 narrows this further, stipulating that fees for ADUs exceeding 750 square feet should only be calculated based on the area that surpasses this threshold.
The bill's approach to handling fees and local government authority may invite debate. While proponents argue that it standardizes fee structures and encourages the development of ADUs by easing financial strain, opponents may see it as undermining local control over land use. Critics could argue that local agencies should retain the power to impose fees reflective of local demand and infrastructure needs, thus potentially complicating the negotiation between state-level housing goals and local governance.