Since I last wrote about accessory dwelling units (ADUs) in 2018, the California legislature has enacted new laws intended to make it even easier for property owners to build these useful units.
Quick Refresher on ADUs
An ADU is a small, separate housing unit built as an addition to a main home on a lot in an area zoned for single-family residences.
Also known as “granny units” or “in-law” units, ADUs can be attached to the main dwelling or in a separate structure on the property. Homeowners build them for a variety of reasons – as rentals for additional income, to house a friend or family member temporarily or permanently, or simply to have extra living space to accommodate a lifestyle need.
New Laws for 2020
In addition to laws passed in 2017, a series of new laws signed last year by California Governor Gavin Newsom aims to further reduce barriers to building ADUs, with an eye toward easing the state’s ongoing housing crisis by reducing local governments’ ability to prohibit ADUs based on certain criteria.
The new laws took effect on January 1, 2020. Here are the main changes:
Fewer Size Restrictions
- Local governments cannot prohibit ADUs based on minimum lot size or coverage.
- Local governments cannot set maximum floor areas of less than 850 square feet, or 1,000 square feet for ADUs with more than one bedroom.
- Local governments may not require side or rear setbacks of more than four feet or height restrictions of less than 16 feet.
More ADUs on a Lot
- Most single-family lots may have one freestanding ADU and a “junior” ADU within the primary dwelling space.
Eased Parking Requirements for Garage Conversions
- Local governments may not require replacement off-street parking for garages or other parking areas converted to ADUs.
No Owner-Occupancy Requirements
- Local governments may not require property owners to live in the primary residence or the ADU for ADUs built between 1/1/20 and 1/1/2025.
HOAs & CC&Rs Can’t Prohibit ADUs
- Homeowners’ Associations (HOAs) and neighborhood covenants, conditions and restrictions (CC&Rs) cannot prohibit ADUs on single-family lots.
Streamlined Permitting
- Local building departments must approve or deny ADU permits within 60 days of receiving a complete application.
Fairer Fee Structures
- Local governments cannot impose impact fees for ADUs 750 square feet or smaller.
- Larger ADUs are subject to impact fees based on fees applicable to the primary dwelling.
- No additional utility fees may be imposed for any attached ADU.
Separate Conveyances
- Local governments may allow ADUs meeting certain criteria to be sold or conveyed separately from the primary dwelling.