April 10, 2022 - SACRAMENTO — State Senator Bob Wieckowski’s (D-Fremont) SB 897 to remove remaining barriers on the construction of accessory dwelling units (ADUs) passed a key Senate 
committee last week when Governance and Finance members unanimously approved the bill. The legislation now heads to the Senate Appropriations Committee for its consideration.
“I appreciate the committee’s bipartisan support for this important legislation,” said Wieckowski. “ADUs are one of the few successful efforts California has taken to address our housing shortage. When we reformed our ADU laws in 2016, it unleashed pent up demand and applications and permits increased dramatically. We need to keep this momentum going and SB 897 will provide more flexibility on owner occupancy, height and other issues. Homeowners understand the multiple benefits this type of housing provides and they will continue to build if we remove unnecessary impediments that prevent more people from living in these units.”
SB 897 would permanently prohibit owner occupancy requirements on ADUs and junior accessory dwelling units. A temporary ban on owner occupancy requirements has been in place during the boom in ADU construction, but it will sunset in 2025. These requirements are significant barriers to financing construction. The bill also prohibits local agencies from denying a permit for an unpermitted ADU built before 2018, unless there is a health and safety violation.
The bill increases the allowable building height to 25 feet in some circumstances, based on whether the home is within a half-mile walking distance of a major transit stop or a high-quality transit corridor. The height limit would also be allowed to exceed 16 feet if the ADU is attached to a primary dwelling. Local agencies may impose a limit of not less than 25 feet or the height limitation in the local zoning ordinance that applies to the main home, whichever is lower.
“Year after year housing is listed as the number one concern for Bay Area residents, which became very clear with our recent poll of residents where 48% said they are thinking of leaving the Bay Area in the next few years, in large part due to the region’s housing and overall costs,” said Kelli Fallon, Senior Policy Manager of the Bay Area Council, the sponsor of SB 897. “ADUs have been one of the brightest lights of recent housing reforms and they now constitute 11 percent of all housing permits statewide, a big jump from just 1.4 percent in 2016. If we want to retain our workforce and maintain the long-term sustainability and health of our economy, it’s important that we continue on this progress and make it easier to increase all kinds of housing opportunities across the state.”
California’s housing crisis continues to hit low-income earners hard with the lowest 25 percent of earners spending 67 percent of their income on housing. ADUs allow homeowners to make better use of their property. They provide additional, and generally more affordable, rental availability in their communities. The units also provide housing options for those homeowners who want to age in place, as well as flexible living space for their family, friends, or caregivers.
SB 897 is supported by the WellNest Company, AARP, Housing Action Coalition, California Building Industry Association, California Apartment Association, California YIMBY and the Silicon Valley@Home Action Fund, among other organizations.
Senator Wieckowski represents the 10th District, which includes parts of Alameda and Santa Clara County.
Source: Senator Bob Wieckowski
