Local Government Accessory Dwelling Unit Policies After State Preemption in California

Abstract

While local governments retain dominant control over land use in the United States, state governments are increasingly preempting them in this area. This article focuses on how local governments in California responded to preemption on the maximum unit size of accessory dwelling units. Using a survey of local governments from the Tener Center, and reviewing their ordinances, I compare local accessory dwelling unit policies before and after the preemption. I find that local governments responded to state preemptions that created a lower bound of the maximum unit size. Those below this minimum standard largely moved up to comply with it, but those above the standard also moved their policies to be lower than they were prior to the preemption. Local governments also responded to changes in preemptions that precluded minimum lot sizes, suggesting that the governments who brought their maximum size down were indeed responding to the preemption.