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Assembly Bill No. 1033 <br />CHAPTER 752 <br />An act to amend Sections 65852.2 and 65852.26 of the Government Code, <br />relating to housing. <br />[Approved by Governor October 11, 2023. Filed with Secretary <br />of State October 11, 2023.] <br />legislative counsel’s digest <br />AB 1033, Ting.Accessory dwelling units: local ordinances: separate sale <br />or conveyance. <br />Existing law, the Planning and Zoning Law, authorizes a local agency, <br />by ordinance or ministerial approval, to provide for the creation of accessory <br />dwelling units in areas zoned for residential use, as specified. Existing law <br />requires the ordinance to include specified standards, including prohibiting <br />the accessory dwelling unit from being sold or otherwise conveyed separate <br />from the primary residence, except as provided by a specified law. <br />Existing law, notwithstanding the prohibition described above, requires <br />a local agency to allow an accessory dwelling unit to be sold or conveyed <br />separately from the primary residence to a qualified buyer if certain <br />conditions are met, including that the property was built or developed by a <br />qualified nonprofit corporation and that the property is held pursuant to a <br />recorded tenancy in common agreement that meets specified requirements. <br />This bill would, in addition, authorize a local agency to adopt a local <br />ordinance to allow the separate conveyance of the primary dwelling unit <br />and accessory dwelling unit or units as condominiums, as specified, and <br />would make conforming changes. <br />By imposing new duties on local governments with respect to the approval <br />of accessory dwelling units, the bill would impose a state-mandated local <br />program. <br />The California Constitution requires the state to reimburse local agencies <br />and school districts for certain costs mandated by the state. Statutory <br />provisions establish procedures for making that reimbursement. <br />This bill would provide that no reimbursement is required by this act for <br />a specified reason. <br />This bill would also make a related statement of legislative findings and <br />declarations. <br />This bill would incorporate additional changes to Section 65852.2 of the <br />Government Code proposed by AB 976 to be operative only if this bill and <br />AB 976 are enacted and this bill is enacted last. <br />90 <br />STATE OF CALIFORNIA <br />AUTHENTICATED <br />ELECTRONIC LEGAL MATERIAL <br />EXHIBIT C