Government Code section 65850.02

(a)

Notwithstanding any other local law, with respect to land zoned for residential use, the legislative body of a city or county shall not adopt or enforce an ordinance requiring a public hearing as a condition of reconfiguring existing space to increase the bedroom count within an existing dwelling unit.

(b)

This section shall only apply to a permit application for no more than two additional bedrooms within an existing dwelling unit.

(c)

This section shall not be construed to prohibit a local agency from requiring a public hearing for a proposed project that would increase the number of dwelling units within an existing structure.

(d)

The Legislature finds and declares that ensuring adequate housing is a matter of statewide concern and is not a municipal affair, as that term is used in Section 5 of Article IX of the California Constitution. Therefore, this section applies to all cities, including charter cities.

Source: Section 65850.02, https://leginfo.­legislature.­ca.­gov/faces/codes_displaySection.­xhtml?lawCode=GOV§ionNum=65850.­02.­ (accessed Apr. 24, 2025).

Last Updated

Apr. 24, 2025

§ 65850.02’s source at ca​.gov