Wilson

I

More than a decade ago the state Legislature declared the supply of housing in California was insufficient to meet demand and the imbalance was likely to become worse in the foreseeable future. In the space of two pages, the Witkin treatise on California law cites no less than 19 different sets of laws and programs as “illustrative” of the Legislature’s efforts to both increase the housing available to Californians and help make it affordable.

One of California’s more “innovative” efforts is section 65852.2 of the Government Code —sometimes referred to as the “granny flat” statute. That statute encourages local governments to enact their own ordinances allowing and regulating “second units” in single-family and multifamily zones where they otherwise would be prohibited. If the local governments do not enact such an ordinance, then they must grant a “conditional use permit" for any second units which meet the requirements enumerated in the statute. (Gov. Code, § 65852.2, subd. (b).)

It is what those requirements do not include that prompted numerous local governments to oppose the granny flat statute prior to its being signed into law by Governor Brown in September…