Accessory Dwelling Unit Information
By G. David Lapin On July 10 2023
Navigating California's Current Laws on Accessory Dwelling Units (ADUs)
As California continues to grapple with a housing crisis, the state has implemented various measures to address the shortage of affordable housing options. One key solution that has gained significant traction is the construction of Accessory Dwelling Units (ADUs). These small, secondary units located on the same lot as a primary residence offer an opportunity to increase housing stock without extensive land development. However, it is essential for homeowners and prospective builders to understand the current laws and regulations surrounding ADUs in California. In this article, we will explore the existing legislation governing ADUs and shed light on the guidelines for building and utilizing these units.
Senate Bill 1069 (2016) and Assembly Bill 2299 (2016):
In 2016, the California Legislature enacted Senate Bill 1069 and Assembly Bill 2299, which introduced significant changes to ADU regulations statewide. These bills aimed to reduce local barriers to ADU construction and streamline the approval process. The key provisions of these bills include:
a. Reduced setbacks: Previously, setbacks mandated the minimum distance between the ADU and the property line. The new laws reduced these setbacks, allowing for more flexibility in constructing ADUs.
b. Parking requirements: The bills eliminated parking requirements for ADUs located within a half-mile radius of public transit, or in historic districts, or where on-street parking permits are required but not offered to ADU occupants.
c. Local agency restrictions: The legislation limited local agency regulations that could impede ADU development, such as minimum lot size requirements or requirements for separate utility connections.
Senate Bill 13 (2019):
To further promote ADU construction, the California Legislature passed Senate Bill 13 in 2019. This bill expanded on the previous legislation and introduced several additional changes, including:
a. Junior ADUs: Senate Bill 13 introduced the concept of Junior Accessory Dwelling Units (JADUs), which are smaller ADUs created within an existing single-family home. JADUs can be a maximum of 500 square feet and are subject to specific regulations.
b. Streamlined approval process: The bill mandated that local jurisdictions process ADU applications within 60 days, providing a clearer timeline for homeowners and builders.
c. Utility connections: Local agencies were prohibited from requiring separate or new utility connections for ADUs if the existing connections could safely accommodate increased demand.
Local Ordinances and Guidelines:
While the state legislation provides a framework for ADU construction, local jurisdictions retain some control over specific regulations. It is crucial to familiarize yourself with the local ordinances and guidelines that may supplement state laws. Many cities and counties in California have adopted their own ADU regulations, which may include provisions related to size limitations, design requirements, and permitting fees. Prospective builders and homeowners should consult the specific rules and guidelines of their local jurisdiction before embarking on an ADU project.
California's legislation surrounding Accessory Dwelling Units has undergone significant changes in recent years, reflecting the state's commitment to increasing affordable housing options. The implementation of Senate Bills 1069, 2299, and 13 has aimed to reduce barriers and streamline the ADU approval process. However, it is crucial to note that local ordinances can vary, and builders should carefully review the guidelines of their specific jurisdiction. ADUs have the potential to provide affordable housing solutions and generate additional rental income for homeowners, and staying informed about the current laws will ensure a smooth and compliant construction process.