Quick Guide to California ADU Policy and What It Means For You
Passing SB1069, Re-defining “Second Units'“
Back in 2016, CA Governor Jerry Brown passed SB1069, a bill that adjusted land use and zoning laws in California. The new bill made the construction of accessory dwelling units, now more commonly known as ADUs, more favorable to homeowners.
Specifically, the bill stated in opening:
The Planning and Zoning Law authorizes the legislative body of a city or county to regulate, among other things, the intensity of land use, and also authorizes a local agency to provide by ordinance for the creation of 2nd units in single-family and multifamily residential zones, as specified. That law makes findings and declarations with respect to the value of 2nd units to California’s housing supply.
This bill would replace the term “second unit” with “accessory dwelling unit” throughout the law. The bill would additionally find and declare that, among other things, allowing accessory dwelling units in single-family or multifamily residential zones provides additional rental housing stock, and these units are an essential component of housing supply in California.
Clearing the Way for More Builds with SB13
Taking it a step further and really establishing the foundation of the ADU movement is SB13. Governor Gavin Newsom passed SB13, a combination of AB68 and AB881, which aim to clear the road of additional regulatory restrictions that previously prevented many homeowners from starting an ADU-type construction project.
The statewide law gave more agency to local municipalities over restrictions such as:
the different types of ADUs that are allowed
minimum and maximum ADU size requirements
removing the requirement of parking spaces
introduces a cap on plan approval times
reducing utility connection fees
eliminating owner-occupancy requirements
reducing impact fees
AB68 & AB881
On the same day on October 9, 2019, the Governor also passed AB68 and AB881, which:
make it harder for city governments to stop construction ADU construction
give homeowners the power to build a second ADU on their property
removes owner-occupancy requirements for ADUs, which allows more property owners to add to the housing stock
removes minimums on lot size requirements for ADU construction
reduces setback maximums to 4 feet
increases the size limit of an ADU
reduces max approval times for an ADU
exempts garage conversions from replacement parking
allows up to 2 ADUs on multifamily lots
allows singe family properties to convert an ADU and build a new junior ADU
Altogether, these bills set a broader foundation that helps homeowners work faster and more freely with contractors to build ADUs for varying reasons. This is a large legislative step towards improving the conditions for homeowners to independently increase housing stock, while creating benefits for their own properties.
The definition of the ADU has been vastly broadened in both single family properties and multifamily properties, making it easier than ever to create more housing.
Alongside advances in construction, the runway for ADU creation has been cleared and opportunity is ripe for homeowners and property owners that are looking for ways to create more space, improve property value, and add to the housing stock.