CaliforniaAccessory dwelling units and junior accessory dwelling units.
What it does
Existing law, the Planning and Zoning Law, provides for the creation by local ordinance, or by ministerial approval if a local agency has not adopted an ordinance, of accessory dwelling units in areas zoned for single-family or multifamily dwelling residential use in accordance with specified standards and conditions. Existing law also provides for the creation of junior accessory dwelling units by local ordinance, or, if a local agency has not adopted an ordinance, by ministerial approval, in single-family residential zones in accordance with specified standards and conditions.
More detail
Existing law, the Davis-Stirling Common Interest Development Act, among other things, makes void and unenforceable any covenant, restriction, or condition contained in any instrument affecting the transfer or sale of any interest in a planned development, and any provision of a governing document, that effectively prohibits or unreasonably restricts the construction or use of an accessory dwelling unit or junior accessory dwelling unit on a lot zoned for single-family residential use that meets the above-described standards and conditions for those units.
This bill would revise the provision governing prohibitions or restrictions on the construction or use of an accessory dwelling unit or junior accessory dwelling unit on a lot zoned for single-family residential use to instead apply to a lot zoned to allow single-family residential use.
Other existing law also generally makes void and unenforceable any covenant, restriction, or condition contained in any instrument affecting the transfer or sale of any interest in real property that either effectively prohibits or unreasonably restricts the construction or use of an accessory dwelling unit or junior accessory dwelling unit on a lot zoned for single-family residential use that meets the above-described standards and conditions for those units.
This bill would similarly revise that provision to instead apply to a lot zoned to allow single-family residential use.
Existing law requires a local agency to ministerially approve a building permit application within a residential or mixed-use zone to create certain accessory dwelling units and junior accessory dwelling units, or any combination of those units, if specified conditions are met, including, among other things, requiring the ministerial approval of one detached, new construction, accessory dwelling unit that does not exceed 4-foot side and rear yard setbacks for a lot with a proposed or existing single-family dwelling, as specified.
This bill would increase the number of detached, new construction, accessory dwelling units that a local agency is required to ministerially approve on lots with a proposed or existing single-family dwelling, as described above, to 2. However, the bill would expressly state that a local agency is not required to ministerially approve an application for a building permit to create a junior accessory dwelling unit on the same lot where 2 detached, new construction, accessory dwelling units have been constructed. By imposing new duties on local governments with respect to the approval of accessory dwelling units, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Where do you stand?
Choose your position
Tell your reps
Take a position to see your representatives and ways to contact them.
Where it stands
- Introduced
- Passed Assembly
- Passed Senate
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Sep 29Chaptered by Secretary of State - Chapter 791, Statutes of 2026.Latest
- Sep 29Approved by the Governor Gavin Newsom.Became Law
- Sep 4Enrolled and presented to the Governor at 4 p.m.To Governor
- Aug 27Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 60. Noes 2. Page 6744.).Major
- Vote recorded AB 956 Quirk-Silva Concurrence in Senate Amendments. Result: pass.Lower
- Vote recorded With recommendation: That Senate amendments be concurred in. Result: pass.Lower
- Aug 27From committee: That the Senate amendments be concurred in. (Ayes 10. Noes 0.) (August 27).Minor
- Aug 26Joint Rule 62(a), file notice suspended. (Page 6646.)
- Aug 25Re-referred to Com. on H. & C.D. pursuant to Assembly Rule 77.2.Minor
- Vote recorded 3rd Reading AB956 Quirk-Silva et al. By Wiener. Result: pass.Upper
- Aug 25In Assembly. Concurrence in Senate amendments pending.
- Aug 25Read third time. Passed. Ordered to the Assembly. (Ayes 27. Noes 6.).Passed Senate
- Aug 13Read second time. Ordered to third reading.Minor
- Aug 12Read third time and amended. Ordered to second reading.Major
- Aug 4Read second time. Ordered to third reading.Minor
- Aug 3From committee: Be ordered to second reading pursuant to Senate Rule 28.8.Minor
- Jul 2From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (July 1). Re-referred to Com. on APPR.Minor
- Jul 1
- Vote recorded Do pass, but first be re-referred to the Committee on [Appropriations]. Result: pass.Upper
- Jun 15Read second time and amended. Re-referred to Com. on L. GOV.Major
- Jun 11From committee: Amend, and do pass as amended and re-refer to Com. on L. GOV. (Ayes 7. Noes 1.) (June 10).Major
- Jun 10
- Vote recorded Do pass as amended, but first amend, and re-refer to the Committee on [Local Government]. Result: pass.Upper
- May 27From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on HOUSING.Major
- 2025
- Jun 24In committee: Hearing postponed by committee.
- Jun 4Referred to Coms. on HOUSING and L. GOV.Minor
- May 23In Senate. Read first time. To Com. on RLS. for assignment.Minor
- Vote recorded AB 956 Quirk-Silva Assembly Third Reading. Result: pass.Lower
- May 23Read third time. Passed. Ordered to the Senate. (Ayes 58. Noes 4. Page 1654.)Passed Assembly
- May 15Read second time. Ordered to third reading.Minor
- May 14From committee: Do pass. (Ayes 12. Noes 2.) (May 14).Minor
- Vote recorded Do pass. Result: pass.Lower
- May 14Coauthors revised.
- May 1From committee: Do pass and re-refer to Com. on APPR. (Ayes 9. Noes 0.) (April 30). Re-referred to Com. on APPR.Minor
- May 1Coauthors revised.
- Apr 30
- Vote recorded Do pass and be re-referred to the Committee on [Appropriations]. Result: pass.Lower
- Apr 28From committee: Do pass and re-refer to Com. on L. GOV. (Ayes 11. Noes 0.) (April 24). Re-referred to Com. on L. GOV.Minor
- Apr 24(Pending re-refer to Com. on L. GOV.)Minor
- Vote recorded Do pass and be re-referred to the Committee on [Local Government]. Result: pass.Lower
- Apr 24Assembly Rule 56 suspended. (Page 1265.)
- Apr 7In committee: Hearing postponed by committee.
- Mar 18Re-referred to Com. on H. & C.D.Minor
- Mar 17From committee chair, with author's amendments: Amend, and re-refer to Com. on H. & C.D. Read second time and amended.Major
- Mar 17Referred to Coms. on H. & C.D. and L. GOV.Minor
- Feb 21From printer. May be heard in committee March 23.
- Feb 20Read first time. To print.Introduced