Amid California’s ongoing housing crunch, the state has been searching for ways to boost the stock of available housing. Starting with A.B. 2299 and S.B. 1069 in 2016, the state legislature has made it easier for property owners to build accessory dwelling units (ADUs).
Since then, both the demand and the effect have been clear—between 2016 and 2023, over 80,000 such units were permitted in the state.
Accessory Dwelling Units (ADUs) are smaller secondary residential dwellings on the same lot as a single-family home.
ADUs are popular because they provide an opportunity to create new living spaces for a family member priced out of the market (such as a new college grad or aging parent) or to add an income-producing rental unit. This could take the form of a free-standing structure, an apartment added above a garage, or an addition to the main house. However, even with more liberalized ADU laws, property owners have still had difficulty moving forward with ADU projects because of confusion as to what was allowed or limitations that restricted the feasibility of projects.
More recent bills have clarified existing rules and given property owners more scope in creating ADUs. Here’s what to know about what has changed and what is changing in ADU rules:
More Flexible Space Limits for ADUs
Prior to the passage of A.B. 2221, local agencies could limit the height of an ADU to 16 feet. This bill allows exceptions to that rule:
Eliminating Obstacles to ADU Construction
Ambiguities and red-tape details have proven to be obstructions to ADU construction in some cases. S.B. 987 helps to streamline ADU approval by:
A Junior Accessory Dwelling Unit (JADU) is a small, affordable rental unit that can be built within an existing single-family home. JADUs are usually no more than 500 square feet and can include a bedroom, storage, and a food preparation area. They can also have a bathroom, but it may be shared with the main dwelling. JADUs are considered part of the main structure and don’t require a separate fire-rated wall, but they do need their own exterior entrance.
Requiring Feedback on Application Denial
A.B. 2221 and S.B. 897 also changed a key aspect of the application process for ADUs. Local agencies have 60 days to approve or deny an application, but before the law was amended they weren’t required to justify a rejection. Now, the permitting agency must “return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant” if the permit for an ADU or JADU is denied. This helps ensure that rejections are factually based, and not a side effect of a local area’s application backlog or wish to discourage development.
Changing Rules on Front Setbacks
In addition to other changes to rules that limited the construction of ADUs, A.B. 2221 also prohibited local agencies from requiring front setbacks (that is, the distance from the front of a property) that would not allow the construction of an 800-square-foot ADU. This allows property owners to make more creative use of existing space on their lots.
More Changes Coming to the ADU Landscape
More recently passed legislation promises further changes, such as:
These laws create added incentives for property owners to maximize the use of available lots and hopefully continue to add to California’s inventory of available housing.
Does the increase of ADU-friendly policies in California mean that every proposed project will automatically be smooth sailing? Of course not. The expert real estate and construction law attorneys at Ghassemian Law Group can help you understand the legal changes, position your project for success, and look out for your interests if a dispute arises. To find out more, contact us here or call (949) 436-2785 to schedule a consultation.
This article is informational only and meant to provide guidance. It is not meant to be legal advice and it does not create an attorney-client relationship. For what to do in your specific situation, please consult with a qualified Construction Law attorney.
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