Accessory Dwelling Units: ordinances.

Senator Arreguín's proposed changes to California's Accessory Dwelling Unit (ADU) law would automatically invalidate local ADU ordinances when municipalities fail to meet state oversight deadlines. Under current law, local agencies must submit ADU ordinances to the Department of Housing and Community Development within 60 days of adoption and respond within 30 days to any departmental findings of non-compliance. While the department can currently notify the Attorney General about violations, the proposed legislation adds automatic nullification as a consequence for missed deadlines.

The bill maintains existing requirements for ADU ordinances to use only ministerial approval processes, prohibiting discretionary elements except where specifically authorized. When a local ordinance becomes void through missed deadlines or non-compliance, the municipality must default to state standards for ADU approvals until adopting a compliant replacement ordinance. This creates a standardized fallback process for ADU applications in jurisdictions without valid local regulations.

These changes would establish a more structured enforcement mechanism for state ADU requirements while preserving local agencies' ability to craft compliant ordinances. The Department of Housing and Community Development would continue its oversight role in reviewing local ADU regulations, but with clearer consequences when municipalities do not meet procedural deadlines.