Senator Arreguín's accessory dwelling unit (ADU) legislation establishes automatic nullification of local ordinances that fail to meet state submission and review deadlines. The measure amends existing law requiring local agencies to submit ADU ordinances to the Department of Housing and Community Development within 60 days of adoption.
Under the new provisions, if a local agency misses either the 60-day submission window or fails to respond within 30 days to departmental findings of noncompliance, their ADU ordinance becomes void by operation of law. In such cases, the local agency must apply state standards for ADU approvals until adopting a compliant ordinance. The department retains its authority to notify the Attorney General about violations, with discretion to consider ordinances adopted between 2017 and 2020 before escalating enforcement.
The amendment maintains the existing framework allowing local agencies to either modify their ordinance in response to departmental findings or adopt a resolution explaining their compliance rationale. However, it adds concrete consequences - automatic nullification - for agencies that neither amend their ordinance nor adequately justify their position within the prescribed timeline.
![]() Jesse ArreguinD Senator | Bill Author | Not Contacted | |
![]() Jerry McNerneyD Senator | Bill Author | Not Contacted |
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Senator Arreguín's accessory dwelling unit (ADU) legislation establishes automatic nullification of local ordinances that fail to meet state submission and review deadlines. The measure amends existing law requiring local agencies to submit ADU ordinances to the Department of Housing and Community Development within 60 days of adoption.
Under the new provisions, if a local agency misses either the 60-day submission window or fails to respond within 30 days to departmental findings of noncompliance, their ADU ordinance becomes void by operation of law. In such cases, the local agency must apply state standards for ADU approvals until adopting a compliant ordinance. The department retains its authority to notify the Attorney General about violations, with discretion to consider ordinances adopted between 2017 and 2020 before escalating enforcement.
The amendment maintains the existing framework allowing local agencies to either modify their ordinance in response to departmental findings or adopt a resolution explaining their compliance rationale. However, it adds concrete consequences - automatic nullification - for agencies that neither amend their ordinance nor adequately justify their position within the prescribed timeline.
Ayes | Noes | NVR | Total | Result |
---|---|---|---|---|
31 | 3 | 6 | 40 | PASS |
![]() Jesse ArreguinD Senator | Bill Author | Not Contacted | |
![]() Jerry McNerneyD Senator | Bill Author | Not Contacted |