Accessory dwelling units: regional housing need.

Existing law requires the Department of Housing and Community Development, in consultation with each council of governments, to determine each region's existing and projected housing need, as provided. Existing law requires each council of governments, or the department for cities and counties without a council of governments, to adopt a final regional housing need plan that allocates a share of the regional housing need to each city, county, or city and county and that furthers specified objectives. Existing law requires the planning agency of a city or county to provide an annual report to its legislative body, the Office of Planning and Research, and the Department of Housing and Community Development by April 1 of each year that includes, among other information, the city's or county's progress in meeting its share of regional housing needs, as described. Existing law, the Planning and Zoning Law, authorizes a local agency, by ordinance or ministerial approval, to provide for the creation of accessory dwelling units in areas zoned for residential use, as specified. Existing law authorizes a local agency to impose standards on accessory dwelling units that include, but are not limited to, parking, height, setback, landscape, architectural review, and maximum size of a unit. Existing law prohibits a local agency from establishing height limitations for accessory dwelling units, including height limitations that would prohibit attached accessory dwelling units from attaining a height of 25 feet, as specified. This bill would prohibit a qualifying local agency from imposing height limitations that would prohibit an attached accessory dwelling unit from attaining a height of 16 feet, as specified. The bill would define "qualifying local agency" as a local agency that the Department of Housing and Community Development has determined that the number of housing units that have been entitled by the local agency, as shown on its most recent annual progress report, is greater than the local agency's share of the regional housing need, for the low- and very low income categories, prorated for that annual reporting period.