California AB 462: Land use: accessory dwelling units.

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 |Add To My Favorites |Track Bill | Version: 10/10/25 - Chaptered
 09/16/25 - Enrolled
 08/29/25 - Amended Senate
 07/17/25 - Amended Senate
 07/10/25 - Amended Senate
 05/13/25 - Amended Senate
 02/27/25 - Amended Assembly
 02/06/25 - Introduced

 AB-462 Land use: accessory dwelling units.(2025-2026)

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 Date Published: 10/13/2025 10:00 AM

AB462:v92#DOCUMENTBill Start

 Assembly Bill

 No. 462

 CHAPTER 491

 An act to amend Sections 66328 and 66329 of the Government Code, relating to land use, and declaring the urgency thereof, to take effect immediately.

 [
 Approved by

 Governor
 October 10, 2025.

 Filed with

 Secretary of State
 October 10, 2025.
 ]

LEGISLATIVE COUNSEL'S DIGEST

AB 462, Lowenthal.
 Land use: accessory dwelling units.

Existing 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 prohibits a local agency from issuing a certificate of occupancy for an accessory dwelling unit before the local agency issues a certificate of occupancy for the primary dwelling.

This bill, notwithstanding that prohibition, would require a local agency to issue a certificate of occupancy for an accessory dwelling unit constructed in a county that is subject to a proclamation of a state of emergency made by the Governor on or after February 1, 2025, even if the primary dwelling has not yet been issued a certificate of occupancy, if certain
 requirements are met, including that the primary dwelling was substantially damaged or destroyed by an event referenced in the state of emergency proclamation. By imposing new duties on local agencies, the bill would impose a state-mandated local program.

Existing law requires a permitting agency to either approve or deny an application to create or serve an accessory dwelling unit within 60 days from the date the permitting agency receives a completed application if there is an existing single-family or multifamily dwelling on the lot. Existing law deems the application approved if the local agency has not approved or denied the completed application within 60 days. Under existing law, if the permit application to create or serve an accessory dwelling unit is submitted with a permit application to create or serve a new single-family or multifamily dwelling on
 the lot, the permitting agency may delay approving or denying the permit application for the accessory dwelling unit until the permitting agency approves or denies the permit application to create or serve the new single-family or multifamily dwelling, as provided.

The California Coastal Act of 1976, which is administered by the California Coastal Commission, requires any person wishing to perform or undertake any development in the coastal zone, as defined, to obtain a coastal development permit from a local government or the commission, except as provided. Existing law specifies that the laws governing accessory dwelling units do not supersede or in any way alter or lessen the effect or application of the act, except as specified.

This bill would create an exception to the above provision by requiring a local government or the commission, as specified, to either approve or deny a coastal development permit application for an accessory dwelling unit within 60 days of receiving a completed application. The bill would, notwithstanding that 60-day time limit, authorize the commission, if a coastal development permit application to create or serve an accessory dwelling unit is submitted with a coastal development permit application to create or serve a new single-family or multifamily dwelling on the lot, to delay approving or denying the coastal development permit application for the accessory dwelling unit until the commission approves or denies the coastal development permit application to create or serve the new single-family or multifamily dwelling. Under the bill, and except under the circumstance described above, if the commission has not approved or denied a completed application within 60
 days, the application would be deemed approved.

The bill would include findings that changes proposed by this bill address a matter of statewide concern