Accessory Dwelling Units: owner-occupant requirements.

Senator Arreguín's proposal to modify California's accessory dwelling unit (ADU) regulations would prohibit local agencies from requiring property owners to live on-site when creating or maintaining ADUs. The legislation addresses two primary aspects of ADU regulation: owner occupancy requirements and parking standards.

The bill eliminates local agencies' authority to impose owner-occupancy requirements for ADUs, regardless of whether the jurisdiction has adopted its own ADU ordinance. Under current law, local agencies may require property owners to live on-site when creating an ADU. The measure maintains existing provisions that allow local agencies to require minimum 30-day rental terms for these units.

Local parking requirements for ADUs would face new restrictions under specific circumstances. The bill prohibits parking requirements when ADUs are located within a half-mile walking distance of public transit, within historic districts, or when they are part of existing structures. Additional exemptions apply when on-street parking permits are required but unavailable to ADU occupants, when car-share vehicles are located within one block, or when ADU permits are submitted alongside applications for new primary dwellings. The measure also prevents local agencies from denying ADU permits based on zoning violations or unpermitted structures that do not present public health and safety risks.