New ADU Rules & Amendments

If you own property it’s probably crossed your mind about adding an accessory dwelling unit (ADU) to your property. While the process has been cumbersome before new land-use policy, development standard, permitting and fee amendments are making the process easier. Here are things to know about these amendments:

Land Use Policy Amendments

  • Junior ADU’s (JADU) and ADU’s are allowed on the same property
  • JADu’s are allowable use on single-family properties. JADU requirements:
    • Less than 500 sq. ft.
    • Attached to a SFD
    • Contain an efficiency kitchen at a minimum
    • Can have their own sanitation areas or share
    • Require owner-occupancy
  • ADU’s and JADU’s are allowed in planned developments and cannot be denied by HOA’s
  • ADU’s are allowed on mixed-use and multi-family properties
  • Up to two detached new construction, ADU’s allowed
  • ADU’s permitted between 1/1/2020 and 1/1/2025 do not have to be owner-occupied

Development Standard Amendments

  • Attached ADU’s are not subjected to a size limitation except for 50% of the primary dwelling
  • Local ordinances can maintain existing standards but can no longer limit ADU’s to less than 800 sq. ft.
  • No minimum lot size for ADU’s
  • The setbacks for new detached ADU’s are 4’.
  • They cannot be limited to 16’ in height
  • Any parking spaces removed to create the ADU to not have to be replaced if the property is within ½ a mile of public transportation.

Permitting Amendments

  • Only ministerial permits may be used for ADU’s and JADU’s
  • Ministerial permits have to be approved for the following:
    • Single Family Homes
    • ADU attached to a SFH or proposed SFH
    • A conversion ADU (created from existing or reconstructed areas in a home or accessory structure.) Accessory structures may be expanded 150 sq. ft.
    • A junior ADU
    • New construction ADU up to 800 SF and 16’ tall
    • With Existing multi-family structures
    • Up to two detached new construction ADU’s
    • At least one and up to 25% of existing units created by converting areas in existing structures not used as living spaces
    • Single Family Homes
    • ADU attached to a SFH or proposed SFH
    • A junior ADU
    • New construction ADU up to 800 SF and 16’ tall

Reduction in Fees

  • ADU’s smaller than 750 sq. ft. will not pay impact fees
  • ADU’s over 750 sq. ft. are required to pay impact fees that are a proportion of the fees applicable to the main dwelling. This is determined as a ratio of square footage.
  • New attached ADU’s are eligible to be exempt from utility connection fees

Delay of Building Code Enforcement

  • ADU owners can request a delay in building code enforcement for existing non-conforming ADU’s for up to 5 years depending on the circumstances until 2030
Have more questions regarding these new laws or are looking for a property suitable for an ADU? Give me a call to discuss (831) 515-8582.

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