At lytemods ADUs and ADU Concepts, we excited about the new California state laws that benefit homeowners who want to build ADUs. These laws, which went into effect on January 1, 2023, make it easier and more affordable to build ADUs, and they also give homeowners more flexibility in how they use their properties.
SB 897 is a significant piece of legislation that will make a real difference in the lives of homeowners in California. This bill was passed by the California legislature in 2022 and went into effect on January 1, 2023, and are intended to make it easier and more affordable for homeowners to build ADUs. The property requirements for Senate Bill 897 (SB 897) are:
- The property must be zoned for single-family residential use.
- The property must have a primary dwelling unit.
- The ADU must be located on the same lot as the primary dwelling unit.
- The ADU must be detached or attached to the primary dwelling unit.
- The ADU must be less than 800 square feet in size.
- The ADU must meet all applicable building codes and regulations.
SB 897 covers a wide range of new rules related to ADUs, including:
Height Requirements
Prior to SB 897, local governments had more discretion in setting height limits for ADUs. However, SB 897 establishes minimum height limits that local governments must adhere to. These minimum height limits are as follows:
- Attached ADUs can be up to 25 feet tall, or the same height as the main house, whichever is lower.
- Detached ADUs can be up to 18 feet tall if located within 1/2 mile of a major transit stop or on a property with a multi-story multifamily dwelling.
Setbacks
Prior to SB 897, local governments had more discretion in setting setback requirements for ADUs. This could lead to situations where homeowners were unable to build ADUs on their properties because of restrictive setback requirements.
SB 897 is intended to make it easier for homeowners to build ADUs by relaxing setback requirements in two ways:
- Local agencies cannot deny an ADU application solely because the proposed ADU encroaches on the front setback, if the proposed ADU is less than 800 square feet and there is no other space left on the property to build the ADU.
- Local agencies may still require front setbacks for ADUs that are 800 square feet or larger, but the setback cannot be greater than four feet.
These changes are significant because they make it more likely that homeowners will be able to build ADUs on their properties, even if those properties have small lots or are located in areas with restrictive setback requirements.
Lot Size
Prior to SB 897, local governments could require minimum lot size or lot coverage requirements for ADUs. This could make it difficult or impossible for homeowners to build ADUs on their properties, especially in areas with small lots.
SB 897 prohibits local governments from requiring minimum lot size or lot coverage requirements for ADUs. This means that homeowners can now build ADUs on their properties, regardless of the size of their lot or the amount of land that is covered by the main house and other structures on the property.
This change is significant because it makes it easier and more affordable for homeowners to build ADUs. ADUs can provide additional housing for family members, friends, or renters, and can also be a source of income for homeowners.
Replacement Parking
Prior to SB 897, local governments could require replacement parking when a garage or carport was demolished to create an ADU. This could make it difficult or impossible for homeowners to build ADUs, especially in areas with limited parking.
SB 897 prohibits local governments from requiring replacement parking when a garage or carport is demolished to create an ADU. This means that homeowners can now build ADUs on their properties, even if it reduces the number of parking spaces available on the property. This change is significant because it makes it easier and more affordable for homeowners to build ADUs. ADUs can provide additional housing for family members, friends, or renters, and can also be a source of income for homeowners.
Fire Sprinklers
SB 897 removes the requirement for automatic residential fire sprinkler systems in ADUs. This means that homeowners are no longer required to install sprinklers in their ADUs.
This bill was passed by the California legislature in 2022 and went into effect on January 1, 2023.
Application Approval Timeline
This bill requires local agencies to respond to ADU applications within 60 days of submission, and prohibits local agencies from denying ADU applications solely because the proposed ADU encroaches on the front setback, if the proposed ADU is less than 800 square feet and there is no other space left on the property to build the ADU.
Unpermitted Work
AB 2221 requires local agencies to provide a pathway to legalization for unpermitted ADUs constructed prior to 2018. This means that homeowners who have unpermitted ADUs on their properties can now apply to have them legalized, even if the ADUs do not comply with current building codes or zoning regulations.
This law was also passed by the California legislature in 2019 and went into effect on January 1, 2020. In the past, impact fees could be a significant barrier to entry for homeowners who wanted to build ADUs. This law helps to promote equity by making it easier for homeowners in lower-income communities to build ADUs. The property requirements for Government Code Section 65852.2(f)(3) are:
- The property must be zoned for single-family residential use.
- The property must have a primary dwelling unit.
- The ADU must be located on the same lot as the primary dwelling unit.
- The ADU must be detached or attached to the primary dwelling unit.
- The ADU must be less than 800 square feet in size.
- The ADU must meet all applicable building codes and regulations.
Impact Fees
Prior to Government Code Section 65852.2(f)(3), local agencies could impose impact fees on all ADUs, regardless of their size. Impact fees are fees that are charged to developers to offset the cost of new infrastructure and services that are needed to support new development.
Government Code Section 65852.2(f)(3) prohibits local agencies from imposing impact fees on ADUs under 800 square feet. This means that homeowners who build ADUs under 800 square feet will not have to pay impact fees. Local agencies are still allowed to impose impact fees on ADUs that are 800 square feet or larger. However, the impact fees charged for ADUs that are 800 square feet or larger must be proportional to the size of the ADU.
Owner Occupancy
Prior to this law, some local governments in California required that either the primary dwelling unit or the ADU be occupied by the owner. This requirement was intended to prevent ADUs from being used as investment properties or vacation rentals.
However, the new law prohibits local governments from imposing owner occupancy requirements for ADUs. This means that homeowners are now free to rent out either the primary dwelling unit or the ADU, or both. This change is significant because it makes ADUs more attractive to investors and landlords. It also makes it easier for homeowners to generate income from their properties.
This bill was passed by the California legislature in 2022 and went into effect on January 1, 2023.
Application Approval Timeline
This bill requires local agencies to respond to ADU applications within 60 days of submission, and prohibits local agencies from denying ADU applications solely because the proposed ADU encroaches on the front setback, if the proposed ADU is less than 800 square feet and there is no other space left on the property to build the ADU.
This law was passed by the California legislature in 2019 and went into effect on January 1, 2020. The law does not contain any specific property requirements for ADUs. However, ADUs must be built in compliance with all applicable building codes and regulations. Additionally, ADUs must be located on a lot that is zoned for single-family residential use.
HOAs
Prior to Civil Code Section 4751, HOAs could prohibit or restrict the construction of ADUs on single-family residential lots. This could make it difficult or impossible for homeowners to build ADUs, even if their property met all of the other requirements for building an ADU.
Civil Code Section 4751 prohibits HOAs from prohibiting or unreasonably restricting the construction of ADUs on single-family residential lots. This means that HOAs can no longer prevent homeowners from building ADUs on their properties, as long as the ADUs meet all of the applicable requirements. However, HOAs are still allowed to impose reasonable restrictions on ADUs. For example, HOAs can require that ADUs meet certain architectural standards or that they be located in certain areas of the property. However, HOAs cannot impose restrictions that make it unreasonably difficult or expensive for homeowners to build ADUs.
NEW ADU LAWS PASSING IN 2024 & BEYOND?
In addition to the bills taking effect in 2023, there are a number of other senate bills and assembly bills that have been introduced that would further expand and streamline ADU regulations in California.
- Senate Bill 1067 (SB 1067): This bill would require local agencies to adopt ordinances that allow for the construction of ADUs on all single-family residential lots, without any special permits or approvals required.
- Assembly Bill 1474 (AB 1474): This bill would require local agencies to provide financial assistance to homeowners who wish to build ADUs.
- Assembly Bill 1532 (AB 1532): This bill would exempt ADUs from all property taxes for the first 10 years after they are constructed.
These bills are still in progress, and it is unclear if or when they will be passed into law in the near future. However, they reflect a growing movement to expand and streamline ADU regulations in California.
In addition, there are a number of other bills that have been introduced in recent years that would make it easier for homeowners to build ADUs in specific ways. For example, there have been bills introduced to allow ADUs to be built on agricultural land, to allow ADUs to be used for short-term rentals, and that would require local agencies to create a dedicated fund to support the development of ADUs.
Building an ADU can be a complex process, but it is worth it in the end, and is a great way to provide additional housing for family members, friends, or renters, and can also be a source of income for homeowners. The new ADU laws make it easier and more affordable for homeowners to build ADUs, so there is no better time to get started.
With the help of a qualified lytemods ADU specialist, you can build an ADU that meets your needs and budget!
ADU Concepts is an Authorized Dealer & Certified Installer of lytemods ADUs.
It is important to note that the legislative landscape in California is constantly changing, and new bills are being introduced all the time. If you are interested in building an ADU in California, it is important to stay up-to-date on the latest legislation. You can do this by following the California Legislature website and by signing up for email updates from housing advocacy organizations in California.
