Monterey Bay Design Group
13770 Center Street, #209, Carmel Valley, CA 93924
www.MontereyBayDesignGroup.com • Info@MontereyBayDesignGroup.com
(831) 521-1685

New ADU Laws and there Immediate Impacts:

While it was possible in most cities and counties to build an accessory building such as a granny unit or what we now define as an ADU it was both costly and made difficult by local ordinances. Often they required certain size lots, regulated parking in a way that made it difficult to provide for and generally did what the could to impede and slow the spread of these units.

Over the years the State of California has been passing laws to push these reluctant communities into allowing for this kind of development, as way to provide much needed additional housing. Beginning in 2016 Governor Brown signed into law ordinances that imposed upon jurisdictions certain standards have helped streamline the process for homeowners to build ADUs on their properties. While some communities are still resisting these efforts but many have begun to embrace the State's standards and goals. These new ordinances make it easier for California homeowners to obtain permission for ADU construction and make kit legal to rent these units out.

"The quick take-a-way is that it now much easier in many cities & counties to build a rental unit on your existing property, than ever before!

• Senate Bill 1069 reduced parking requirements. It streamlined the approval process and reduced fees for utility hook-ups and developmental fees. See summary below:
  
  
• FEES: SB 1069 provides that ADUs shall not be considered new residential uses for the purpose of calculating utility connection fees or capacity charges, including water and sewer service. The bill prohibits a local agency from requiring an ADU applicant to install a new or separate utility connection or impose a related connection fee or capacity charge for ADUs that are contained within an existing residence or accessory structure. For attached and detached ADUs, this fee or charge must be proportionate to the burden of the unit on the water or sewer system and may not exceed the reasonable cost of providing the service.
  
  
• FIRE: SB 1069 provides that fire sprinklers shall not be required in an accessory unit if they are not required in the primary residence.
  
  
• ADUs within Existing Space: Local governments must ministerially approve an application to create within a single family residential zone one ADU per single family lot if the unit is:
  • contained within an existing residence or accessory structure.
  • has independent exterior access from the existing residence.
  • has side and rear setbacks that are sufficient for fire safety.These provisions apply within all single family residential zones and ADUs within existing space must be allowed in all of these zones. No additional parking or other development standards can be applied except for building code requirements.

• PARKING: SB 1069 reduces parking requirements to one space per bedroom or unit. The legislation authorizes off street parking to be tandem or in setback areas unless specific findings such as fire and life safety conditions are made. SB 1069 also prohibits parking requirements if the ADU meets any of the following:
  • Is within a half mile from public transit.
  • Is within an architecturally and historically significant historic district.
  • Is part of an existing primary residence or an existing accessory structure.
  • Is in an area where on-street parking permits are required, but not offered to the occupant of the ADU.
  • Is located within one block of a car share area.
    
    
• Assembly Bill 2299 goes further than SB1069, requiring local second-unit ordinances to include ministerial, non-discretionary approval for any second unit that meets city requirements.
  
  • The lot is zoned for single-family or multifamily use and contains an existing, single-family dwelling.
  • The unit is either attached to an existing dwelling or located within the living area of the existing dwelling or detached and on the same lot.
  • The increased floor area of the unit does not exceed 50% of the existing living area, with a maximum increase in floor area of 1,200 square feet.
  •  The total area of floorspace for a detached accessory dwelling unit does not exceed 1,200 square feet.
  • No passageway can be required.
  • No setback can be required from an existing garage that is converted to an ADU.
    
  • The unit is not intended for sale separate from the primary residence and may be rented
  
  
• Assembly Bill 2406 Creates more flexibility for housing options by authorizing local governments to permit junior accessory dwelling units (JADU) through an ordinance. The bill defines JADUs to be a unit that cannot exceed 500 square feet and must be completely contained within the space of an existing residential structure. Essentially, streamlines the process for homeowners converting an existing bedroom into an attached studio living unit.

All of these laws intend to limit the ability of local government to regulate ADUs and local governments are required to adopt an ADU ordinance in accordance with the new state requirements by January 1, 2017.

Additionally, these laws will speed up the approval process of ADU construction. They will also remove secondary utility hook-up fees that have been paid for by the primary dwelling owners. Furthermore, the laws will eliminate parking requirements for ADUs located in proximity to public transit.

For more info here's a link to a summary-Flyer

What are ADUs?-Link to source

Accessory Dwelling Units (ADUs) are known by many names: granny flats, in-law units, backyard cottages, secondary units and more. No matter what you call them, ADUs are an innovative, affordable, effective option for adding much-needed housing in California. 

"Just a few of the benefits ADUs can offer homeowners..."

What are the benefits of ADUs?

• ADUs are an affordable type of home to construct in California because they do not require paying for land, major new infrastructure, structured parking, or elevators. 
• ADUs can provide a source of income for homeowners.
• ADUs are built with cost-effective wood frame construction, which is significantly less costly than homes in new multifamily infill buildings. 
• ADUs allow extended families to be near one another while maintaining privacy. 
• ADUs can provide as much living space as many newly-built apartments and condominiums, and they’re suited well for couples, small families, friends, young people, and seniors. 
• ADUs give homeowners the flexibility to share independent living areas with family members and others, allowing seniors to age in place as they require more care.