HomeMy WebLinkAbout02 PC REPORT ACCESSORY DWELLING UNITS RECENT LEGISLATION DocuSign Envelope ID:C8C74E1D-62BE-4206-8F2D-4C33372FE355
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AGENDA REPORT ITEM #2
MEETING DATE: MAY 11, 2021
TO: PLANNING COMMISSION
FROM: COMMUNITY DEVELOPMENT DEPARTMENT
SUBJECT: ACCESSORY DWELLING UNITS - RECENT LEGISLATION
RECOMMENDATION:
That the Planning Commission receive and file the report.
DISCUSSION:
In Government Code Section 65852.150, the California Legislature found and declared that,
among other things, allowing accessory dwelling units (ADUs) in zones that allow single-
family and multifamily uses provides additional rental housing, and is an essential
component in addressing California's housing needs. Over the years, ADU law has been
revised with the goal of improving its effectiveness at creating more housing units. Changes
to ADU laws effective January 1, 2021, aim to further reduce barriers, streamline approval
processes, and expand capacity to accommodate the development of ADUs and junior
accessory dwelling units (JADUs). The changes in state law are focused on creating unique
opportunities to address a variety of housing needs and provide affordable housing options
for family members, friends, students, the elderly, in-home health care providers, people
with disabilities, and others.
An ADU is an accessory dwelling unit with complete independent living facilities for one (1)
or more persons and has a few variations:
• Detached: The unit is separated from the primary structure.
• Attached: The unit is attached to the primary structure.
• Converted Existing Space: Space (e.g., master bedroom, attached garage,
storage area, or similar use, or an accessory structure) on the lot of the primary
residence that is converted into an independent living unit.
• Junior Accessory Dwelling Unit (JADU): A specific type of conversion of existing
space that is contained entirely within an existing or proposed single-family
residence.
The City regulates ADUs through Tustin City Code (TCC) Section 9271 jj (Special
Provisions). In 2017, the City amended its ADU standards to comply with then newly
amended state law. New legislation further amends the Government Code provisions
relating to ADUs and how local jurisdictions may regulate ADUs and, in turn requires the
DocuSign Envelope ID:C8C74E1D-62BE-4206-8F2D-4C33372FE355
ADU State Law Overview
May 11, 2021
Page 2
City's TCC to be amended again. The City Attorney's office will provide an overview of the
recent state law changes and steps the City will need to take to bring the TCC into
compliance with state ADU requirements.
The following recent legislation that amended ADU law will be reviewed: AB 3182 (2020)
and SB 13, AB 68, AB 881, AB 587, AB 670, and AB 671 (2019). Attachment A (Accessory
Dwelling Unit Handbook — Updated December 2020), prepared by the Department of
Housing and Community Development, has been provided for your reference.
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Attachment A— HCD Accessory Dwelling Unit Handbook
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Table of Contents
Understanding Accessory Dwelling Units (ADUs) and Their Importance........................................3
Summary of Recent Changes to Accessory Dwelling Unit Laws .....................................................5
Frequently Asked Questions:..............................................................................................................8
1. Legislative Intent ..........................................................................................................................8
2. Zoning, Development and Other Standards..................................................................................9
A) Zoning and Development Standards......................................................................................9
B) Size Requirements...............................................................................................................11
C) Parking Requirements .........................................................................................................12
D) Setbacks..............................................................................................................................13
E) Height Requirements ...........................................................................................................13
F) Bedrooms.............................................................................................................................13
G) Impact Fees.........................................................................................................................14
H) Conversion of Existing Space in Single Family, Accessory and Multifamily Structures and
Other Statewide Permissible ADUs (Subdivision (e))................................................................15
1) Nonconforming Zoning Standards .........................................................................................16
J) Renter and Owner-occupancy ..............................................................................................17
K) Fire Sprinkler Requirements.................................................................................................17
L) Solar Panel Requirements....................................................................................................17
3. Junior Accessory Dwelling Units (JADUs) — Government Code Section 65852.22 .....................18
4. Manufactured Homes and ADUs ................................................................................................18
5. ADUs and the Housing Element.................................................................................................19
6. Homeowners Association ...........................................................................................................20
7. Enforcement...............................................................................................................................20
8. Other..........................................................................................................................................20
Resources...........................................................................................................................................22
Attachment 1: Statutory Changes (Strikeout/Italics and Underline).................................................23
Attachment 2: State Standards Checklist........................................................................................37
Attachment3: Bibliography.............................................................................................................38
2
Understanding Accessory Dwelling Units
(ADUs) and Their Importance
California's housing production is not keeping pace with
demand. In the last decade, less than half of the homes
needed to keep up with the population growth were built.
Additionally, new homes are often constructed away from
job-rich areas. This lack of housing that meets people's
I AL L.K. needs is impacting affordability and causing average
housing costs, particularly for renters in California, to rise
significantly. As affordable housing becomes less
accessible, people drive longer distances between
housing they can afford and their workplace or pack
themselves into smaller shared spaces, both of which
f reduce quality of life and produce negative environmental
impacts.
Beyond traditional construction, widening the range of housing types can increase the housing supply and help
more low-income Californians thrive. Examples of some of these housing types are Accessory Dwelling Units
(ADUs - also referred to as second units, in-law units, casitas, or granny flats) and Junior Accessory Dwelling Units
(JADUs).
What is an ADU?
An ADU is an accessory dwelling unit with complete independent living facilities for one or more persons
and has a few variations:
• Detached: The unit is separated from the primary structure.
• Attached: The unit is attached to the primary structure.
• Converted Existing Space: Space (e.g., master bedroom, attached garage, storage area, or similar
use, or an accessory structure)on the lot of the primary residence that is converted into an
independent living unit.
• Junior Accessory Dwelling Unit (JADU): A specific type of conversion of existing space that is
contained entirely within an existing or proposed single-family residence.
ADUs tend to be significantly less expensive to build and offer benefits that address common development barriers
such as affordability and environmental quality. Because ADUs must be built on lots with existing or proposed
housing, they do not require paying for new land, dedicated parking or other costly infrastructure required to build a
new single-family home. Because they are contained inside existing single-family homes, JADUs require relatively
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modest renovations and are much more affordable to complete. ADUs are often built with cost-effective one or
two-story wood frames, which are also cheaper than other new homes. Additionally, prefabricated ADUs can be
directly purchased and save much of the time and money that comes with new construction. ADUs can provide as
much living space as apartments and condominiums and work well for couples, small families, friends, young
people, and seniors.
Much of California's housing crisis comes from job-rich, high-opportunity areas where the total housing stock is
insufficient to meet demand and exclusionary practices have limited housing choice and inclusion. Professionals
and students often prefer living closer to jobs and amenities rather than spending hours commuting. Parents often
want better access to schools and do not necessarily require single-family homes to meet their needs. There is a
shortage of affordable units, and the units that are available can be out of reach for many people. To address our
state's needs, homeowners can construct an ADU on their lot or convert an underutilized part of their home into a
JADU. This flexibility benefits both renters and homeowners who can receive extra monthly rent income.
ADUs also 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, thus helping extended families stay together while
maintaining privacy. The space can be used for a variety of reasons, including adult children who can pay off debt
and save up for living on their own.
New policies are making ADUs even more affordable to build, in part by limiting the development impact fees and
relaxing zoning requirements. A 2019 study from the Terner Center on Housing Innovation noted that one unit of
affordable housing in the Bay Area costs about$450,000. ADUs and JADUs can often be built at a fraction of that
price and homeowners may use their existing lot to create additional housing, without being required to provide
additional infrastructure. Often the rent generated from the ADU can pay for the entire project in a matter of years.
ADUs and JADUs are a flexible form of housing that can help Californians more easily access job-rich, high-
opportunity areas. By design, ADUs are more affordable and can provide additional income to homeowners. Local
governments can encourage the development of ADUs and improve access to jobs, education, and services for
many Californians.
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Summary of Recent Changes to Accessory
Dwelling Unit Laws
In Government Code Section 65852.150, the
California Legislature found and declared that, among
other things, allowing accessory dwelling units
k ' (ADUs) in zones that allow single-family and
multifamily uses provides additional rental housing,
' h• w and is an essential component in addressing
California's housing needs. Over the years, ADU law
has been revised to improve its effectiveness at
creating more housing units. Changes to ADU laws
effective January 1, 2021, further reduce barriers,
better streamline approval processes, and expand
capacity to accommodate the development of ADUs
and junior accessory dwelling units (JADUs).
ADUs are a unique opportunity to address a variety of
housing needs and provide affordable housing
options for family members, friends, students, the elderly, in-home health care providers, people with disabilities,
and others. Further, ADUs offer an opportunity to maximize and integrate housing choices within existing
neighborhoods.
Within this context, the California Department of Housing and Community Development (HCD) has prepared this
guidance to assist local governments, homeowners, architects, and the general public in encouraging the
development of ADUs. The following is a summary of recent legislation that amended ADU law: AB 3182 (2020)
and SB 13, AB 68, AB 881, AB 587, AB 670, and AB 671 (2019). Please see Attachment 1 for the complete
statutory changes for AB 3182 (2020) and SB 13, AB 68, AB 881, AB 587, AB 670, and AB 671 (2019).
AB 3182 (Ting)
Chapter 198, Statutes of 2020 (Assembly Bill 3182) builds upon recent changes to ADU law (Gov. Code, §
65852.2 and Civil Code Sections 4740 and 4741) to further address barriers to the development and use of ADUs
and JADUs.
This recent legislation, among other changes, addresses the following:
• States that an application for the creation of an ADU or JADU shall be deemed approved(not just subject
to ministerial approval) if the local agency has not acted on the completed application within 60 days.
• Requires ministerial approval of an application for a building permit within a residential or mixed-use zone
to create one ADU and one JADU per lot (not one or the other), within the proposed or existing single-
family dwelling, if certain conditions are met.
• Provides for the rental or leasing of a separate interest ADU or JADU in a common interest development,
notwithstanding governing documents that otherwise appear to prohibit renting or leasing of a unit, and
without regard to the date of the governing documents.
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• Provides for not less than 25 percent of the separate interest units within a common interest development
be allowed as rental or leasable units.
AB 68 (Ting), AB 881 (Bloom), and SB 13 (Wieckowski)
Chapter 653, Statutes of 2019 (Senate Bill 13, Section 3), Chapter 655, Statutes of 2019 (Assembly Bill 68,
Section 2) and Chapter 659 (Assembly Bill 881, Section 1.5 and 2.5) build upon recent changes to ADU and JADU
law (Gov. Code § 65852.2, 65852.22) and further address barriers to the development of ADUs and JADUs.
This legislation, among other changes, addresses the following:
• Prohibits local agencies from including in development standards for ADUs requirements on minimum lot
size (Gov. Code, § 65852.2, subd. (a)(1)(B)(i)).
• Clarifies areas designated by local agencies for ADUs may be based on the adequacy of water and sewer
services as well as impacts on traffic flow and public safety (Gov. Code, § 65852.2, subd. (a)(1)(A)).
• Eliminates all owner-occupancy requirements by local agencies for ADUs approved between January 1,
2020, and January 1, 2025 (Gov. Code, § 65852.2, subd. (a)(6)).
• Prohibits a local agency from establishing a maximum size of an ADU of less than 850 square feet, or
1,000 square feet if the ADU contains more than one bedroom and requires approval of a permit to build
an ADU of up to 800 square feet(Gov. Code, § 65852.2, subds. (c)(2)(B) & (C)).
• Clarifies that when ADUs are created through the conversion of a garage, carport or covered parking
structure, replacement of offstreet parking spaces cannot be required by the local agency (Gov. Code, §
65852.2, subd. (a)(1)(D)(xi)).
• Reduces the maximum ADU and JADU application review time from 120 days to 60 days (Gov. Code, §
65852.2, subd. (a)(3) and (b)).
• Clarifies that"public transit" includes various means of transportation that charge set fees, run on fixed
routes and are available to the public (Gov. Code, § 65852.2, subd. 0)(10)).
• Establishes impact fee exemptions and limitations based on the size of the ADU. ADUs up to 750 square
feet are exempt from impact fees (Gov. Code § 65852.2, subd. (f)(3)); ADUs that are 750 square feet or
larger may be charged impact fees but only such fees that are proportional in size (by square foot)to those
for the primary dwelling unit (Gov. Code, § 65852.2, subd. (f)(3)).
• Defines an "accessory structure"to mean a structure that is accessory or incidental to a dwelling on the
same lot as the ADU (Gov. Code, § 65852.2, subd. 0)(2)).
• Authorizes HCD to notify the local agency if HCD finds that their ADU ordinance is not in compliance with
state law (Gov. Code, § 65852.2, subd. (h)(2)).
• Clarifies that a local agency may identify an ADU or JADU as an adequate site to satisfy Regional Housing
Needs Allocation (RHNA) housing needs (Gov. Code, §§ 65583.1, subd. (a), and 65852.2, subd. (m)).
• Permits JADUs even where a local agency has not adopted an ordinance expressly authorizing them
(Gov. Code, § 65852.2, subds. (a)(3), (b), and (e)).
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• Allows a permitted JADU to be constructed within the walls of the proposed or existing single-family
residence and eliminates the required inclusion of an existing bedroom or an interior entry into the single-
family residence (Gov. Code § 65852.22, subd. (a)(4); former Gov. Code § 65852.22, subd. (a)(5)).
• Requires, upon application and approval, a local agency to delay enforcement against a qualifying
substandard ADU for five (5)years to allow the owner to correct the violation, so long as the violation is not
a health and safety issue, as determined by the enforcement agency (Gov. Code, § 65852.2, subd. (n);
Health &Safety Code, § 17980.12).
AB 587 (Friedman), AB 670 (Friedman), and AB 671 (Friedman)
In addition to the legislation listed above, AB 587 (Chapter 657, Statutes of 2019), AB 670 (Chapter 178, Statutes
of 2019), and AB 671 (Chapter 658, Statutes of 2019) also have an impact on state ADU law, particularly through
Health and Safety Code Section 17980.12. These pieces of legislation, among other changes, address the
following:
• AB 587 creates a narrow exemption to the prohibition for ADUs to be sold or otherwise conveyed
separately from the primary dwelling by allowing deed-restricted sales to occur if the local agency adopts
an ordinance. To qualify, the primary dwelling and the ADU are to be built by a qualified nonprofit
corporation whose mission is to provide units to low-income households (Gov. Code, § 65852.26).
• AB 670 provides that covenants, conditions and restrictions (CC&Rs)that either effectively prohibit or
unreasonably restrict the construction or use of an ADU or JADU on a lot zoned for single-family
residential use are void and unenforceable (Civ, Code, §4751).
• AB 671 requires local agencies' housing elements to include a plan that incentivizes and promotes the
creation of ADUs that can offer affordable rents for very low, low-, or moderate-income households and
requires HCD to develop a list of state grants and financial incentives in connection with the planning,
construction and operation of affordable ADUs (Gov. Code, § 65583; Health &Safety Code, § 50504.5).
7
Frequently Asked Questions :
Accessory
Dwelling Units' Government Code 65852.150:
1. Legislative Intent (a) The Legislature finds and declares all of the following:
(1)Accessory dwelling units are a valuable form of housing in
a. Should a local ordinance California.
encourage the (2)Accessory dwelling units provide housing for family members,
development of students, the elderly, in-home health care providers, the disabled,
accessory dwelling units? and others, at below market prices within existing neighborhoods.
(3) Homeowners who create accessory dwelling units benefit
from added income, and an increased sense of security.
Yes. Pursuant to Government Code (4)Allowing accessory dwelling units in single-family or
Section 65852.150, the California multifamily residential zones provides additional rental housing
Legislature found and declared that, stock in California.
among other things, California is facing (5) California faces a severe housing crisis.
a severe housing crisis and ADUs are
a valuable form of housing that meets (6) The state is falling far short of meeting current and future
housing demand with serious consequences for the state's
the needs of family members, economy, our ability to build green infill consistent with state
students, the elderly, in-home health greenhouse gas reduction goals, and the well-being of our
care providers, people with disabilities citizens,particularly lower and middle-income earners.
and others. Therefore, ADUs are an (7)Accessory dwelling units offer lower cost housing to meet the
essential component of California's needs of existing and future residents within existing
housing supply. neighborhoods, while respecting architectural character.
(8)Accessory dwelling units are, therefore, an essential
ADU law and recent changes intend to component of California's housing supply.
address barriers, streamline approval,
(b) Itis the intent of the Legislature that an accessory dwelling
unit ordinance adopted by a local agency has the effect of
providing for the creation of accessory dwelling units and that
provisions in this ordinance relating to matters including unit size,
parking, fees, and other requirements, are not so arbitrary,
excessive, or burdensome so as to unreasonably restrict the
ability of homeowners to create accessory dwelling units in zones
in which they are authorized by local ordinance.
Note: Unless otherwise noted,the Government Code section referenced is 65852.2.
8
and expand potential capacity for ADUs, recognizing their unique importance in addressing California's
housing needs. The preparation, adoption, amendment, and implementation of local ADU ordinances must
be carried out consistent with Government Code, Section 65852.150 and must not unduly constrain the
creation of ADUs. Local governments adopting ADU ordinances should carefully weigh the adoption of
zoning, development standards, and other provisions for impacts on the development of ADUs.
In addition, ADU law is the statutory minimum requirement. Local governments may elect to go beyond
this statutory minimum and further the creation of ADUs. Many local governments have embraced the
importance of ADUs as an important part of their overall housing policies and have pursued innovative
strategies. (Gov. Code, § 65852.2, subd. (g)).
2. Zoning, Development and Other Standards
A) Zoning and Development Standards
• Are ADUs allowed jurisdiction wide?
No. ADUs proposed pursuant to subdivision (e) must be considered in any residential or mixed-use zone.
For other ADUs, local governments may, by ordinance, designate areas in zones where residential uses
are permitted that will also permit ADUs. However, any limits on where ADUs are permitted may only be
based on the adequacy of water and sewer service, and the impacts on traffic flow and public safety.
Further, local governments may not preclude the creation of ADUs altogether, and any limitation should be
accompanied by detailed findings of fact explaining why ADU limitations are required and consistent with
these factors.
Examples of public safety include severe fire hazard areas and inadequate water and sewer service and
includes cease and desist orders. Impacts on traffic flow should consider factors like lesser car ownership
rates for ADUs and the potential for ADUs to be proposed pursuant to Government Code section 65852.2,
subdivision (e). Finally, local governments may develop alternative procedures, standards, or special
conditions with mitigations for allowing ADUs in areas with potential health and safety concerns. (Gov.
Code, § 65852.2, subd. (e))
Residential or mixed-use zone should be construed broadly to mean any zone where residential uses are
permitted by-right or by conditional use.
• Can a local government apply design and development standards?
Yes. A local government may apply development and design standards that include, but are not limited to,
parking, height, setback, landscape, architectural review, maximum size of a unit, and standards that
prevent adverse impacts on any real property that is listed in the California Register of Historic Resources.
However, these standards shall be sufficiently objective to allow ministerial review of an ADU. (Gov. Code,
§ 65852.2, subd. (a)(1)(13)(i))
ADUs created under subdivision (e) of Government Code 65852.2 shall not be subject to design and
development standards except for those that are noted in the subdivision.
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What does objective mean?
"objective zoning standards" and "objective design review standards" mean standards that involve no
personal or subjective judgment by a public official and are uniformly verifiable by reference to an external
and uniform benchmark or criterion available and knowable by both the development applicant or
proponent and the public official prior to submittal. Gov Code § 65913.4, subd. (a)(5)
ADUs that do not meet objective and ministerial development and design standards may still be permitted
through an ancillary discretionary process if the applicant chooses to do so. Some jurisdictions with
compliant ADU ordinances apply additional processes to further the creation of ADUs that do not
otherwise comply with the minimum standards necessary for ministerial review. Importantly, these
processes are intended to provide additional opportunities to create ADUs that would not otherwise be
permitted, and a discretionary process may not be used to review ADUs that are fully compliant with ADU
law. Examples of these processes include areas where additional health and safety concerns must be
considered, such as fire risk.
• Can ADUs exceed general plan and zoning densities?
Yes. An ADU is an accessory use for the purposes of calculating allowable density under the general plan
and zoning that does not count toward the allowable density. For example, if a zoning district allows one
unit per 7,500 square feet, then an ADU would not be counted as an additional unit. Further, local
governments could elect to allow more than one ADU on a lot, and ADUs are automatically a residential
use deemed consistent with the general plan and zoning. (Gov. Code, § 65852.2, subd. (a)(1)(C).)
• Are ADUs permitted ministerially?
Yes. ADUs must be considered, approved, and permitted ministerially, without discretionary action.
Development and other decision-making standards must be sufficiently objective to allow for ministerial
review. Examples include numeric and fixed standards such as heights or setbacks, or design standards
such as colors or materials. Subjective standards require judgement and can be interpreted in multiple
ways such as privacy, compatibility with neighboring properties or promoting harmony and balance in the
community; subjective standards shall not be imposed for ADU development. Further, ADUs must not be
subject to a hearing or any ordinance regulating the issuance of variances or special use permits and must
be considered ministerially. (Gov. Code, § 65852.2, subd. (a)(3).)
• Can I create an ADU if I have multiple detached dwellings on a lot?
Yes. A lot where there are currently multiple detached single-family dwellings is eligible for creation of one
ADU per lot by converting space within the proposed or existing space of a single-family dwelling or
existing structure or a new construction detached ADU subject to certain development standards.
• Can I build an ADU in a historic district, or if the primary residence is subject to historic
preservation?
Yes. ADUs are allowed within a historic district, and on lots where the primary residence is subject to
historic preservation. State ADU law allows for a local agency to impose standards that prevent adverse
impacts on any real property that is listed in the California Register of Historic Resources. However, these
standards do not apply to ADUs proposed pursuant to Government Code section 65852.2, subdivision (e).
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As with non-historic resources, a jurisdiction may impose objective and ministerial standards that are
sufficiently objective to be reviewed ministerially and do not unduly burden the creation of ADUs.
Jurisdictions are encouraged to incorporate these standards into their ordinance and submit these
standards along with their ordinance to HCD. (Gov. Code, § 65852.2, subds. (a)(1)(B)(i) & (a)(5).)
B) Size Requirements
• Is there a minimum lot size requirement?
No. While local governments may impose standards on ADUs, these standards shall not include minimum
lot size requirements. Further, lot coverage requirements cannot preclude the creation of a statewide
exemption ADU (800 square feet ADU with a height limitation of 16 feet and 4 feet side and rear yard
setbacks). If lot coverage requirements do not allow such an ADU, an automatic exception or waiver
should be given to appropriate development standards such as lot coverage, floor area or open space
requirements. Local governments may continue to enforce building and health and safety standards and
may consider design, landscape, and other standards to facilitate compatibility.
What is a statewide exemption ADU?
A statewide exemption ADU is an ADU of up to 800 square feet, 16 feet in height, as potentially limited by
a local agency, and with 4 feet side and rear yard setbacks. ADU law requires that no lot coverage, floor
area ratio, open space, or minimum lot size will preclude the construction of a statewide exemption ADU.
Further, ADU law allows the construction of a detached new construction statewide exemption ADU to be
combined on the same lot with a JADU in a single-family residential zone. In addition, ADUs are allowed in
any residential or mixed uses regardless of zoning and development standards imposed in an ordinance.
See more discussion below.
• Can minimum and maximum unit sizes be established for ADUs?
Yes. A local government may, by ordinance, establish minimum and maximum unit size requirements for
both attached and detached ADUs. However, maximum unit size requirements must be at least 850
square feet and 1,000 square feet for ADUs with more than one bedroom. For local agencies without an
ordinance, maximum unit sizes are 1,200 square feet for a new detached ADU and up to 50 percent of the
floor area of the existing primary dwelling for an attached ADU (at least 800 square feet). Finally, the local
agency must not establish by ordinance a minimum square footage requirement that prohibits an efficiency
unit, as defined in Health and Safety Code section 17958.1.
The conversion of an existing accessory structure or a portion of the existing primary residence to an ADU
is not subject to size requirements. For example, an existing 3,000 square foot barn converted to an ADU
would not be subject to the size requirements, regardless if a local government has an adopted ordinance.
Should an applicant want to expand an accessory structure to create an ADU beyond 150 square feet, this
ADU would be subject to the size maximums outlined in state ADU law, or the local agency's adopted
ordinance.
• Can a percentage of the primary dwelling be used for a maximum unit size?
Yes. Local agencies may utilize a percentage (e.g., 50 percent) of the primary dwelling as a maximum unit
size for attached or detached ADUs but only if it does not restrict an ADU's size to less than the standard
of at least 850 square feet (or at least 1000 square feet for ADUs with more than one bedroom). Local
agencies must not, by ordinance, establish any other minimum or maximum unit sizes, including based on
a percentage of the primary dwelling, that precludes a statewide exemption ADU. Local agencies utilizing
percentages of the primary dwelling as maximum unit sizes could consider multi-pronged standards to
help navigate these requirements (e.g., shall not exceed 50 percent of the dwelling or 1,000 square feet,
whichever is greater).
• Can maximum unit sizes exceed 1,200 square feet for ADUs?
Yes. Maximum unit sizes, by ordinance, can exceed 1,200 square feet for ADUs. ADU law does not limit
the authority of local agencies to adopt less restrictive requirements for the creation of ADUs (Gov. Code,
§ 65852.2, subd. (g)).
Larger unit sizes can be appropriate in a rural context or jurisdictions with larger lot sizes and is an
important approach to creating a full spectrum of ADU housing choices.
C) Parking Requirements
• Can parking requirements exceed one space per unit or bedroom?
No. Parking requirements for ADUs shall not exceed one parking space per unit or bedroom, whichever is
less. These spaces may be provided as tandem parking on a driveway. Guest parking spaces shall not be
required for ADUs under any circumstances.
What is Tandem Parking?
Tandem parking means two or more automobiles that are parked on a driveway or in any other location on
a lot, lined up behind one another. (Gov. Code, § 65852.2, subds. (a)(1)(D)(x)(I) and (j)(11).)
Local agencies may choose to eliminate or reduce parking requirements for ADUs such as requiring zero
or half a parking space per each ADU.
• Is flexibility for siting parking required?
Yes. Local agencies should consider flexibility when siting parking for ADUs. Offstreet parking spaces for
the ADU shall be permitted in setback areas in locations determined by the local agency or through
tandem parking, unless specific findings are made. Specific findings must be based on specific site or
regional topographical or fire and life safety conditions.
When a garage, carport, or covered parking structure is demolished in conjunction with the construction of
an ADU, or converted to an ADU, the local agency shall not require that those offstreet parking spaces for
the primary unit be replaced. (Gov. Code, § 65852.2, subd. (a)(D)(xi).)
• Can ADUs be exempt from parking?
Yes. A local agency shall not impose ADU parking standards for any of the following, pursuant to
Government Code section 65852.2, subdivisions (d)(1-5) and (j)(10).
(1) Accessory dwelling unit is located within one-half mile walking distance of public transit.
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(2) Accessory dwelling unit is located within an architecturally and historically significant historic district.
(3) Accessory dwelling unit is part of the proposed or existing primary residence or an accessory
structure.
(4) When on-street parking permits are required but not offered to the occupant of the accessory dwelling
unit.
(5) When there is a car share vehicle located within one block of the accessory dwelling unit.
Note:For the purposes of state ADU law, a jurisdiction may use the designated areas where a car share
vehicle may be accessed. Public transit is any location where an individual may access buses, trains,
subways and other forms of transportation that charge set fares, run on fixed routes and are available to
the general public. Walking distance is defined as the pedestrian shed to reach public transit. Additional
parking requirements to avoid impacts to public access may be required in the coastal zone.
D) Setbacks
• Can setbacks be required for ADUs?
Yes. A local agency may impose development standards, such as setbacks, for the creation of ADUs.
Setbacks may include front, corner, street, and alley setbacks. Additional setback requirements may be
required in the coastal zone if required by a local coastal program. Setbacks may also account for utility
easements or recorded setbacks. However, setbacks must not unduly constrain the creation of ADUs and
cannot be required for ADUs proposed pursuant to subdivision (e). Further, a setback of no more than four
feet from the side and rear lot lines shall be required for an attached or detached ADU. (Gov. Code, §
65852.2, subd. (a)(1)(D)(vii).)
A local agency may also allow the expansion of a detached structure being converted into an ADU when
the existing structure does not have four-foot rear and side setbacks. A local agency may also allow the
expansion area of a detached structure being converted into an ADU to have no setbacks, or setbacks of
less than four feet, if the existing structure has no setbacks, or has setbacks of less than four feet. A local
agency shall not require setbacks of more than four feet for the expanded area of a detached structure
being converted into an ADU.
A local agency may still apply front yard setbacks for ADUs, but front yard setbacks cannot preclude a
statewide exemption ADU and must not unduly constrain the creation of all types of ADUs. (Gov. Code, §
65852.2, subd. (c).)
E) Height Requirements
• Is there a limit on the height of an ADU or number of stories?
Not in state ADU law, but local agencies may impose height limits provided that the limit is no less than 16
feet. (Gov. Code, § 65852.2, subd. (a)(1)(B)(i).)
F) Bedrooms
• Is there a limit on the number of bedrooms?
13
State ADU law does not allow for the limitation on the number of bedrooms of an ADU. A limit on the
number of bedrooms could be construed as a discriminatory practice towards protected classes, such as
familial status, and would be considered a constraint on the development of ADUs.
G) Impact Fees
• Can impact fees be charged for an ADU less than 750 square feet?
No. An ADU is exempt from incurring impact fees from local agencies, special districts, and water
corporations if less than 750 square feet. Should an ADU be 750 square feet or larger, impact fees shall
be charged proportionately in relation to the square footage of the ADU to the square footage of the
primary dwelling unit.
What is "Proportionately"?
"Proportionately" is some amount that corresponds to a total amount, in this case, an impact fee for a
single-family dwelling. For example, a 2,000 square foot primary dwelling with a proposed 1,000 square
foot ADU could result in 50 percent of the impact fee that would be charged for a new primary dwelling on
the same site. In all cases, the impact fee for the ADU must be less than the primary dwelling. Otherwise,
the fee is not calculated proportionately. When utilizing proportions, careful consideration should be given
to the impacts on costs, feasibility, and ultimately, the creation of ADUs. In the case of the example above,
anything greater than 50 percent of the primary dwelling could be considered a constraint on the
development of ADUs.
For purposes of calculating the fees for an ADU on a lot with a multifamily dwelling, the proportionality
shall be based on the average square footage of the units within that multifamily dwelling structure. For
ADUs converting existing space with a 150 square foot expansion, a total ADU square footage over 750
square feet could trigger the proportionate fee requirement. (Gov. Code, § 65852.2, subd. (f)(3)(A).)
• Can local agencies, special districts or water corporations waive impact fees?
Yes. Agencies can waive impact and any other fees for ADUs. Also, local agencies may also use fee
deferrals for applicants.
• Can school districts charge impact fees?
Yes. School districts are authorized but do not have to levy impact fees for ADUs greater than 500 square
feet pursuant to Section 17620 of the Education Code. ADUs less than 500 square feet are not subject to
school impact fees. Local agencies are encouraged to coordinate with school districts to carefully weigh
the importance of promoting ADUs, ensuring appropriate nexus studies and appropriate fees to facilitate
construction or reconstruction of adequate school facilities.
• What types of fees are considered impact fees?
Impact fees charged for the construction of ADUs must be determined in accordance with the Mitigation
Fee Act and generally include any monetary exaction that is charged by a local agency in connection with
the approval of an ADU, including impact fees, for the purpose of defraying all or a portion of the cost of
public facilities relating to the ADU. A local agency, special district or water corporation shall not consider
ADUs as a new residential use for the purposes of calculating connection fees or capacity charges for
14
utilities, including water and sewer services. However, these provisions do not apply to ADUs that are
constructed concurrently with a new single-family home. (Gov. Code, §§ 65852.2, subd. (f), and 66000)
• Can I still be charged water and sewer connection fees?
ADUs converted from existing space and JADUs shall not be considered by a local agency, special district
or water corporation to be a new residential use for purposes of calculating connection fees or capacity
charges for utilities, unless constructed with a new single-family dwelling. The connection fee or capacity
charge shall be proportionate to the burden of the proposed ADU, based on its square footage or plumbing
fixtures as compared to the primary dwelling. State ADU law does not cover monthly charge fees. (Gov.
Code, § 65852.2, subd. (f)(2)(A).)
H) Conversion of Existing Space in Single Family, Accessory and Multifamily
Structures and Other Statewide Permissible ADUs (Subdivision (e))
• Are local agencies required to comply with subdivision (e)?
Yes. All local agencies must comply with subdivision (e). This subdivision requires the ministerial approval
of ADUs within a residential or mixed-use zone. The subdivision creates four categories of ADUs that
should not be subject to other specified areas of ADU law, most notably zoning and development
standards. For example, ADUs under this subdivision should not have to comply with lot coverage,
setbacks, heights, and unit sizes. However, ADUs under this subdivision must meet the building code and
health and safety requirements. The four categories of ADUs under subdivision (e) are:
b. One ADU and one JADU are permitted per lot within the existing or proposed
space of a single-family dwelling, or a JADU within the walls of the single family
residence, or an ADU within an existing accessory structure, that meets specified
requirements such as exterior access and setbacks for fire and safety.
c. One detached new construction ADU that does not exceed four-foot side and rear
yard setbacks. This ADU may be combined on the same lot with a JADU and may
be required to meet a maximum unit size requirement of 800 square feet and a
height limitation of 16 feet.
d. Multiple ADUs within the portions of multifamily structures that are not used as
livable space. Local agencies must allow at least one of these types of ADUs and
up to 25 percent of the existing multifamily structures.
e. Up to two detached ADUs on a lot that has existing multifamily dwellings that are
subject to height limits of 16 feet and 4-foot rear and side yard setbacks.
The above four categories are not required to be combined. For example, local governments are not
required to allow (a) and (b) together or (c) and (d) together. However, local agencies may elect to allow
these ADU types together.
Local agencies shall allow at least one ADU to be created within the non-livable space within multifamily
dwelling structures, or up to 25 percent of the existing multifamily dwelling units within a structure and may
also allow not more than two ADUs on the lot detached from the multifamily dwelling structure. New
detached units are subject to height limits of 16 feet and shall not be required to have side and rear
setbacks of more than four feet.
15
The most common ADU that can be created under subdivision (e) is a conversion of proposed or existing
space of a single-family dwelling or accessory structure into an ADU, without any prescribed size
limitations, height, setback, lot coverage, architectural review, landscape, or other development standards.
This would enable the conversion of an accessory structure, such as a 2,000 square foot garage, to an
ADU without any additional requirements other than compliance with building standards for dwellings.
These types of ADUs are also eligible for a 150 square foot expansion (see discussion below).
ADUs created under subdivision (e) shall not be required to provide replacement or additional parking.
Moreover, these units shall not, as a condition for ministerial approval, be required to correct any existing
or created nonconformity. Subdivision (e) ADUs shall be required to be rented for terms longer than 30
days, and only require fire sprinklers if fire sprinklers are required for the primary residence. These ADUs
shall not be counted as units when calculating density for the general plan and are not subject to owner-
occupancy.
• Can I convert my accessory structure into an ADU?
Yes. The conversion of garages, sheds, barns, and other existing accessory structures, either attached or
detached from the primary dwelling, into ADUs is permitted and promoted through the state ADU law.
These conversions of accessory structures are not subject to any additional development standard, such
as unit size, height, and lot coverage requirements, and shall be from existing space that can be made
safe under building and safety codes. A local agency should not set limits on when the structure was
created, and the structure must meet standards for health and safety. Finally, local governments may also
consider the conversion of illegal existing space and could consider alternative building standards to
facilitate the conversion of existing illegal space to minimum life and safety standards.
• Can an ADU converting existing space be expanded?
Yes. An ADU created within the existing or proposed space of a single-family dwelling or accessory
structure can be expanded beyond the physical dimensions of the structure. In addition, an ADU created
within an existing accessory structure may be expanded up to 150 square feet without application of local
development standards, but this expansion shall be limited to accommodating ingress and egress. An
example of where this expansion could be applicable is for the creation of a staircase to reach a second
story ADU. These types of ADUs shall conform to setbacks sufficient for fire and safety.
A local agency may allow for an expansion beyond 150 square feet, though the ADU would have to
comply with the size maximums as per state ADU law, or a local agency's adopted ordinance.
As a JADU is limited to being created within the walls of a primary residence, this expansion of up to 150
square feet does not pertain to JADUs.
1) Nonconforming Zoning Standards
• Does the creation of an ADU require the applicant to carry out public improvements?
No physical improvements shall be required for the creation or conversion of an ADU. Any requirement to
carry out public improvements is beyond what is required for the creation of an ADU, as per state law. For
example, an applicant shall not be required to improve sidewalks, carry out street improvements, or
access improvements to create an ADU. Additionally, as a condition for ministerial approval of an ADU, an
applicant shall not be required to correct nonconforming zoning conditions. (Gov. Code, § 65852.2, subd.
(e)(2).)
16
J) Renter and Owner-occupancy
• Are rental terms required?
Yes. Local agencies may require that the property be used for rentals of terms longer than 30 days. ADUs
permitted ministerially, under subdivision (e), shall be rented for terms longer than 30 days. (Gov. Code, §
65852.2, subds. (a)(6) & (e)(4).)
• Are there any owner-occupancy requirements for ADUs?
No. Prior to recent legislation, ADU laws allowed local agencies to elect whether the primary dwelling or
ADU was required to be occupied by an owner. The updates to state ADU law removed the owner-
occupancy allowance for newly created ADUs effective January 1, 2020. The new owner-occupancy
exclusion is set to expire on December 31, 2024. Local agencies may not retroactively require owner
occupancy for ADUs permitted between January 1, 2020, and December 31, 2024.
However, should a property have both an ADU and JADU, JADU law requires owner-occupancy of either
the newly created JADU, or the single-family residence. Under this specific circumstance, a lot with an
ADU would be subject to owner-occupancy requirements. (Gov. Code, § 65852.2, subd. (a)(2).)
K) Fire Sprinkler Requirements
• Are fire sprinklers required for ADUs?
No. Installation of fire sprinklers may not be required in an ADU if sprinklers are not required for the
primary residence. For example, a residence built decades ago would not have been required to have fire
sprinklers installed under the applicable building code at the time. Therefore, an ADU created on this lot
cannot be required to install fire sprinklers. However, if the same primary dwelling recently undergoes
significant remodeling and is now required to have fire sprinklers, any ADU created after that remodel must
likewise install fire sprinklers. (Gov. Code, § 65852.2, subds. (a)(1)(D)(xii) and (e)(3).)
Please note, for ADUs created on lots with multifamily residential structures, the entire residential structure
shall serve as the "primary residence" for the purposes of this analysis. Therefore, if the multifamily
structure is served by fire sprinklers, the ADU can be required to install fire sprinklers.
L) Solar Panel Requirements
• Are solar panels required for new construction ADUs?
Yes, newly constructed ADUs are subject to the Energy Code requirement to provide solar panels if the
unit(s) is a newly constructed, non-manufactured, detached ADU. Per the California Energy Commission
(CEC), the panels can be installed on the ADU or on the primary dwelling unit. ADUs that are constructed
within existing space, or as an addition to existing homes, including detached additions where an existing
detached building is converted from non-residential to residential space, are not subject to the Energy
Code requirement to provide solar panels.
17
Please refer to the CEC on this matter. For more information, see the CEC's website www.energy.ca.gov.
You may email your questions to: title24(a-)energy.ca.gov, or contact the Energy Standards Hotline at 800-
772-3300. CEC memos can also be found on HCD's website at https://www.hcd.ca.gov/policy-
research/AccessorvDwellingUnits.shtml.
3. Junior Accessory Dwelling Units (JADUs) — Government Code Section 65852.22
• Are two JADUs allowed on a lot?
No. A JADU may be created on a lot zoned for single-family residences with one primary dwelling. The
JADU may be created within the walls of the proposed or existing single-family residence, including
attached garages, as attached garages are considered within the walls of the existing single-family
residence. Please note that JADUs created in the attached garage are not subject to the same parking
protections as ADUs and could be required by the local agency to provide replacement parking.
JADUs are limited to one per residential lot with a single-family residence. Lots with multiple detached
single-family dwellings are not eligible to have JADUs. (Gov. Code, § 65852.22, subd. (a)(1).)
• Are JADUs allowed in detached accessory structures?
No, JADUs are not allowed in accessory structures. The creation of a JADU must be within the single-
family residence. As noted above, attached garages are eligible for JADU creation. The maximum size for
a JADU is 500 square feet. (Gov. Code, § 65852.22, subds. (a)(1), (a)(4), and (h)(1).)
• Are JADUs allowed to be increased up to 150 square feet when created within an existing
structure?
No. Only ADUs are allowed to add up to 150 square feet"beyond the physical dimensions of the existing
accessory structure" to provide for ingress. (Gov. Code, § 65852.2, subd. (e)(1)(A)(i).)
This provision extends only to ADUs and excludes JADUs. A JADU is required to be created within the
single-family residence.
• Are there any owner-occupancy requirements for JADUs?
Yes. There are owner-occupancy requirements for JADUs. The owner must reside in either the remaining
portion of the primary residence, or in the newly created JADU. (Gov. Code, § 65852.22, subd. (a)(2).)
4. Manufactured Homes and ADUs
• Are manufactured homes considered to be an ADU?
Yes. An ADU is any residential dwelling unit with independent facilities and permanent provisions for living,
sleeping, eating, cooking and sanitation. An ADU includes a manufactured home (Health &Saf. Code, §
18007).
18
Health and Safety Code section 18007, subdivision (a): "Manufactured home," for the purposes
of this part, means a structure that was constructed on or after June 15, 1976, is transportable in
one or more sections, is eight body feet or more in width, or 40 body feet or more in length, in the
traveling mode, or, when erected on site, is 320 or more square feet, is built on a permanent
chassis and designed to be used as a single-family dwelling with or without a foundation when
connected to the required utilities, and includes the plumbing, heating, air conditioning, and
electrical systems contained therein. "Manufactured home" includes any structure that meets all
the requirements of this paragraph except the size requirements and with respect to which the
manufacturer voluntarily files a certification and complies with the standards established under
the National Manufactured Housing Construction and Safety Act of 1974 (42 U.S.C., Sec. 5401,
and following).
5. ADUs and the Housing Element
• Do ADUs and JADUs count toward a local agency's Regional Housing Needs Allocation?
Yes. Pursuant to Government Code section 65852.2 subdivision (m), and section 65583.1, ADUs and
JADUs may be utilized towards the Regional Housing Need Allocation (RHNA) and Annual Progress
Report (APR) pursuant to Government Code section 65400. To credit a unit toward the RHNA, HCD and
the Department of Finance (DOF) utilize the census definition of a housing unit. Generally, an ADU, and a
JADU with shared sanitation facilities, and any other unit that meets the census definition, and is reported
to DOF as part of the DOF annual City and County Housing Unit Change Survey, can be credited toward
the RHNA based on the appropriate income level. The housing element or APR must include a reasonable
methodology to demonstrate the level of affordability. Local governments can track actual or anticipated
affordability to assure ADUs and JADUs are counted towards the appropriate income category. For
example, some local governments request and track information such as anticipated affordability as part of
the building permit or other applications.
• Is analysis required to count ADUs toward the RHNA in the housing element?
Yes. To calculate ADUs in the housing element, local agencies must generally use a three-part approach:
(1) development trends, (2) anticipated affordability and (3) resources and incentives. Development trends
must consider ADUs permitted in the prior planning period and may also consider more recent trends.
Anticipated affordability can use a variety of methods to estimate the affordability by income group.
Common approaches include rent surveys of ADUs, using rent surveys and square footage assumptions
and data available through the APR pursuant to Government Code section 65400. Resources and
incentives include policies and programs to encourage ADUs, such as prototype plans, fee waivers,
expedited procedures and affordability monitoring programs.
• Are ADUs required to be addressed in the housing element?
Yes. The housing element must include a description of zoning available to permit ADUs, including
development standards and analysis of potential constraints on the development of ADUs. The element
must include programs as appropriate to address identified constraints. In addition, housing elements must
include a plan that incentivizes and promotes the creation of ADUs that can offer affordable rents for very
low, low-, or moderate-income households and requires HCD to develop a list of state grants and financial
incentives in connection with the planning, construction and operation of affordable ADUs. (Gov. Code, §
65583 and Health &Saf. Code, § 50504.5.)
6. Homeowners Association
• Can my local Homeowners Association (HOA) prohibit the construction of an ADU or
JADU?
No. Assembly Bill 670 (2019) and AB 3182 (2020) amended Section 4751, 4740, and 4741 of the Civil
Code to preclude common interest developments from prohibiting or unreasonably restricting the
construction or use, including the renting or leasing of, an ADU on a lot zoned for single-family residential
use. Covenants, conditions and restrictions (CC&Rs) that either effectively prohibit or unreasonably restrict
the construction or use of an ADU or JADU on such lots are void and unenforceable or may be liable for
actual damages and payment of a civil penalty. Applicants who encounter issues with creating ADUs or
JADUs within CC&Rs are encouraged to reach out to HCD for additional guidance.
7. Enforcement
• Does HCD have enforcement authority over ADU ordinances?
Yes. After adoption of the ordinance, HCD may review and submit written findings to the local agency as to
whether the ordinance complies with state ADU law. If the local agency's ordinance does not comply, HCD
must provide a reasonable time, no longer than 30 days, for the local agency to respond, and the local
agency shall consider HCD's findings to amend the ordinance to become compliant. If a local agency does
not make changes and implements an ordinance that is not compliant with state law, HCD may refer the
matter to the Attorney General.
In addition, HCD may review, adopt, amend, or repeal guidelines to implement uniform standards or
criteria that supplement or clarify ADU law.
8. Other
• Are ADU ordinances existing prior to new 2020 laws null and void?
No. Ordinances existing prior to the new 2020 laws are only null and void to the extent that existing ADU
ordinances conflict with state law. Subdivision (a)(4) of Government Code Section 65852.2 states an
ordinance that fails to meet the requirements of subdivision (a) shall be null and void and shall apply the
state standards (see Attachment 3) until a compliant ordinance is adopted. However, ordinances that
substantially comply with ADU law may continue to enforce the existing ordinance to the extent it complies
with state law. For example, local governments may continue the compliant provisions of an ordinance and
apply the state standards where pertinent until the ordinance is amended or replaced to fully comply with
ADU law. At the same time, ordinances that are fundamentally incapable of being enforced because key
provisions are invalid -- meaning there is not a reasonable way to sever conflicting provisions and apply
the remainder of an ordinance in a way that is consistent with state law --would be fully null and void and
must follow all state standards until a compliant ordinance is adopted.
• Do local agencies have to adopt an ADU ordinance?
No. Local governments may choose not to adopt an ADU ordinance. Should a local government choose to
not adopt an ADU ordinance, any proposed ADU development would be only subject to standards set in
state ADU law. If a local agency adopts an ADU ordinance, it may impose zoning, development, design,
and other standards in compliance with state ADU law. (See Attachment 4 for a state standards checklist.)
• Is a local government required to send an ADU ordinance to the California Department of
Housing and Community Development (HCD)?
Yes. A local government, upon adoption of an ADU ordinance, must submit a copy of the adopted
ordinance to HCD within 60 days after adoption. After the adoption of an ordinance, the Department may
review and submit written findings to the local agency as to whether the ordinance complies with this
section. (Gov. Code, § 65852.2, subd. (h)(1).)
Local governments may also submit a draft ADU ordinance for preliminary review by HCD. This provides
local agencies the opportunity to receive feedback on their ordinance and helps to ensure compliance with
the new state ADU law.
• Are charter cities and counties subject to the new ADU laws?
Yes. ADU law applies to a local agency which is defined as a city, county, or city and county, whether
general law or chartered. (Gov. Code, § 65852.2, subd. (j)(5)).
Further, pursuant to Chapter 659, Statutes of 2019 (AB 881), the Legislature found and declared ADU law
as "...a matter of statewide concern rather than a municipal affair, as that term is used in Section 5 of
Article XI of the California Constitution" and concluded that ADU law applies to all cities, including charter
cities.
• Do the new ADU laws apply to jurisdictions located in the Coastal Zone?
Yes. ADU laws apply to jurisdictions in the Coastal Zone, but do not necessarily alter or lessen the effect
or application of Coastal Act resource protection policies. (Gov. Code, § 65852.22, subd. (1)).
Coastal localities should seek to harmonize the goals of protecting coastal resources and addressing
housing needs of Californians. For example, where appropriate, localities should amend Local Coastal
Programs for California Coastal Commission review to comply with the California Coastal Act and new
ADU laws. For more information, see the California Coastal Commission 2020 Memo and reach out to the
locality's local Coastal Commission district office.
• What is considered a multifamily dwelling?
For the purposes of state ADU law, a structure with two or more attached dwellings on a single lot is
considered a multifamily dwelling structure. Multiple detached single-unit dwellings on the same lot are not
considered multifamily dwellings for the purposes of state ADU law.
21
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Attachment 1: Statutory Changes (Strikeout/Italics and Underline)
GOV. CODE: TITLE 7, DIVISION 1, CHAPTER 4, ARTICLE 2
Combined changes from (AB 3182 Accessory Dwelling Units)
and (AB 881, AB 68 and SB 13 Accessory Dwelling Units)
(Changes noted in strikeout, underline/italics)
Effective January 1, 2021, Section 65852.2 of the Government Code is amended to read:
65852.2.
(a) (1) A local agency may, by ordinance, provide for the creation of accessory dwelling units in areas zoned to
allow single-family or multifamily dwelling residential use. The ordinance shall do all of the following:
(A) Designate areas within the jurisdiction of the local agency where accessory dwelling units may be permitted.
The designation of areas may be based on the adequacy of water and sewer services and the impact of accessory
dwelling units on traffic flow and public safety. A local agency that does not provide water or sewer services shall
consult with the local water or sewer service provider regarding the adequacy of water and sewer services before
designating an area where accessory dwelling units may be permitted.
(B) (i) Impose standards on accessory dwelling units that include, but are not limited to, parking, height, setback,
landscape, architectural review, maximum size of a unit, and standards that prevent adverse impacts on any real
property that is listed in the California Register of Historic Resources. These standards shall not include
requirements on minimum lot size.
(ii) Notwithstanding clause (i), a local agency may reduce or eliminate parking requirements for any accessory
dwelling unit located within its jurisdiction.
(C) Provide that accessory dwelling units do not exceed the allowable density for the lot upon which the accessory
dwelling unit is located, and that accessory dwelling units are a residential use that is consistent with the existing
general plan and zoning designation for the lot.
(D) Require the accessory dwelling units to comply with all of the following:
(i)The accessory dwelling unit may be rented separate from the primary residence, but may not be sold or
otherwise conveyed separate from the primary residence.
(ii)The lot is zoned to allow single-family or multifamily dwelling residential use and includes a proposed or existing
dwelling.
(iii)The accessory dwelling unit is either attached to, or located within, the proposed or existing primary dwelling,
including attached garages, storage areas or similar uses, or an accessory structure or detached from the
proposed or existing primary dwelling and located on the same lot as the proposed or existing primary dwelling.
(iv) If there is an existing primary dwelling, the total floor area of an attached accessory dwelling unit shall not
exceed 50 percent of the existing primary dwelling.
(v)The total floor area for a detached accessory dwelling unit shall not exceed 1,200 square feet.
(vi) No passageway shall be required in conjunction with the construction of an accessory dwelling unit.
(vii) No setback shall be required for an existing living area or accessory structure or a structure constructed in the
same location and to the same dimensions as an existing structure that is converted to an accessory dwelling unit
or to a portion of an accessory dwelling unit, and a setback of no more than four feet from the side and rear lot
lines shall be required for an accessory dwelling unit that is not converted from an existing structure or a new
structure constructed in the same location and to the same dimensions as an existing structure.
(viii) Local building code requirements that apply to detached dwellings, as appropriate.
(ix)Approval by the local health officer where a private sewage disposal system is being used, if required.
(x) (I) Parking requirements for accessory dwelling units shall not exceed one parking space per accessory
dwelling unit or per bedroom, whichever is less. These spaces may be provided as tandem parking on a driveway.
(II) Offstreet parking shall be permitted in setback areas in locations determined by the local agency or through
tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible
based upon specific site or regional topographical or fire and life safety conditions.
(III) This clause shall not apply to an accessory dwelling unit that is described in subdivision (d).
(xi) When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an
accessory dwelling unit or converted to an accessory dwelling unit, the local agency shall not require that those
offstreet parking spaces be replaced.
(xii)Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary
residence.
23
(2)The ordinance shall not be considered in the application of any local ordinance, policy, or program to limit
residential growth.
(3)A permit application for an accessory dwelling unit or a junior accessory dwelling unit shall be considered and
approved ministerially without discretionary review or a hearing, notwithstanding Section 65901 or 65906 or any
local ordinance regulating the issuance of variances or special use permits. The permitting agency shall act on the
application to create an accessory dwelling unit or a junior accessory dwelling unit within 60 days from the date the
local agency receives a completed application if there is an existing single-family or multifamily dwelling on the lot.
If the permit application to create an accessory dwelling unit or a junior accessory dwelling unit is submitted with a
permit application to create a new single-family dwelling on the lot, the permitting agency may delay acting on the
permit application for the accessory dwelling unit or the junior accessory dwelling unit until the permitting agency
acts on the permit application to create the new single-family dwelling, but the application to create the accessory
dwelling unit or junior accessory dwelling unit shall be considered without discretionary review or hearing. If the
applicant requests a delay, the 60-day time period shall be tolled for the period of the delay. If the local agency has
not acted upon the completed application within 60 days, the application shall be deemed approved. A local
agency may charge a fee to reimburse it for costs incurred to implement this paragraph, including the costs of
adopting or amending any ordinance that provides for the creation of an accessory dwelling unit.
(4)An existing ordinance governing the creation of an accessory dwelling unit by a local agency or an accessory
dwelling ordinance adopted by a local agency shall provide an approval process that includes only ministerial
provisions for the approval of accessory dwelling units and shall not include any discretionary processes,
provisions, or requirements for those units, except as otherwise provided in this subdivision. If a local agency has
an existing accessory dwelling unit ordinance that fails to meet the requirements of this subdivision, that ordinance
shall be null and void and that agency shall thereafter apply the standards established in this subdivision for the
approval of accessory dwelling units, unless and until the agency adopts an ordinance that complies with this
section.
(5) No other local ordinance, policy, or regulation shall be the basis for the delay or denial of a building permit or a
use permit under this subdivision.
(6)This subdivision establishes the maximum standards that local agencies shall use to evaluate a proposed
accessory dwelling unit on a lot that includes a proposed or existing single-family dwelling. No additional
standards, other than those provided in this subdivision, shall be used or imposed, including any owner-occupant
requirement, except that a local agency may require that the property be used for rentals of terms longer than 30
days.
(7)A local agency may amend its zoning ordinance or general plan to incorporate the policies, procedures, or
other provisions applicable to the creation of an accessory dwelling unit if these provisions are consistent with the
limitations of this subdivision.
(8)An accessory dwelling unit that conforms to this subdivision shall be deemed to be an accessory use or an
accessory building and shall not be considered to exceed the allowable density for the lot upon which it is located,
and shall be deemed to be a residential use that is consistent with the existing general plan and zoning
designations for the lot. The accessory dwelling unit shall not be considered in the application of any local
ordinance, policy, or program to limit residential growth.
(b)When a local agency that has not adopted an ordinance governing accessory dwelling units in accordance with
subdivision (a) receives an application for a permit to create an accessory dwelling unit pursuant to this
subdivision, the local agency shall approve or disapprove the application ministerially without discretionary review
pursuant to subdivision (a). The permitting agency shall act on the application to create an accessory dwelling unit
or a junior accessory dwelling unit within 60 days from the date the local agency receives a completed application
if there is an existing single-family or multifamily dwelling on the lot. If the permit application to create an accessory
dwelling unit or a junior accessory dwelling unit is submitted with a permit application to create a new single-family
dwelling on the lot, the permitting agency may delay acting on the permit application for the accessory dwelling unit
or the junior accessory dwelling unit until the permitting agency acts on the permit application to create the new
single-family dwelling, but the application to create the accessory dwelling unit or junior accessory dwelling unit
shall still be considered ministerially without discretionary review or a hearing. If the applicant requests a delay, the
60-day time period shall be tolled for the period of the delay. If the local agency has not acted upon the completed
application within 60 days, the application shall be deemed approved.
(c) (1) Subject to paragraph (2), a local agency may establish minimum and maximum unit size requirements for
both attached and detached accessory dwelling units.
(2) Notwithstanding paragraph (1), a local agency shall not establish by ordinance any of the following:
(A)A minimum square footage requirement for either an attached or detached accessory dwelling unit that
prohibits an efficiency unit.
24
(B)A maximum square footage requirement for either an attached or detached accessory dwelling unit that is less
than either of the following:
(i) 850 square feet.
(ii) 1,000 square feet for an accessory dwelling unit that provides more than one bedroom.
(C)Any other minimum or maximum size for an accessory dwelling unit, size based upon a percentage of the
proposed or existing primary dwelling, or limits on lot coverage, floor area ratio, open space, and minimum lot size,
for either attached or detached dwellings that does not permit at least an 800 square foot accessory dwelling unit
that is at least 16 feet in height with four-foot side and rear yard setbacks to be constructed in compliance with all
other local development standards.
(d) Notwithstanding any other law, a local agency, whether or not it has adopted an ordinance governing accessory
dwelling units in accordance with subdivision (a), shall not impose parking standards for an accessory dwelling unit
in any of the following instances:
(1)The accessory dwelling unit is located within one-half mile walking distance of public transit.
(2) The accessory dwelling unit is located within an architecturally and historically significant historic district.
(3)The accessory dwelling unit is part of the proposed or existing primary residence or an accessory structure.
(4)When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit.
(5)When there is a car share vehicle located within one block of the accessory dwelling unit.
(e) (1) Notwithstanding subdivisions (a) to (d), inclusive, a local agency shall ministerially approve an application
for a building permit within a residential or mixed-use zone to create any of the following:
(A) One accessory dwelling unit ar and one junior accessory dwelling unit per lot with a proposed or existing
single-family dwelling if all of the following apply:
(i) The accessory dwelling unit or junior accessory dwelling unit is within the proposed space of a single-family
dwelling or existing space of a single-family dwelling or accessory structure and may include an expansion of not
more than 150 square feet beyond the same physical dimensions as the existing accessory structure. An
expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating
ingress and egress.
(ii)The space has exterior access from the proposed or existing single-family dwelling.
(iii)The side and rear setbacks are sufficient for fire and safety.
(iv)The junior accessory dwelling unit complies with the requirements of Section 65852.22.
(B) One detached, new construction, accessory dwelling unit that does not exceed four-foot side and rear yard
setbacks for a lot with a proposed or existing single-family dwelling. The accessory dwelling unit may be combined
with a junior accessory dwelling unit described in subparagraph (A). A local agency may impose the following
conditions on the accessory dwelling unit:
(i)A total floor area limitation of not more than 800 square feet.
(ii)A height limitation of 16 feet.
(C) (i) Multiple accessory dwelling units within the portions of existing multifamily dwelling structures that are not
used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements,
or garages, if each unit complies with state building standards for dwellings.
(ii) A local agency shall allow at least one accessory dwelling unit within an existing multifamily dwelling and shall
allow up to 25 percent of the existing multifamily dwelling units.
(D) Not more than two accessory dwelling units that are located on a lot that has an existing multifamily dwelling,
but are detached from that multifamily dwelling and are subject to a height limit of 16 feet and four-foot rear yard
and side setbacks.
(2)A local agency shall not require, as a condition for ministerial approval of a permit application for the creation of
an accessory dwelling unit or a junior accessory dwelling unit, the correction of nonconforming zoning conditions.
(3)The installation of fire sprinklers shall not be required in an accessory dwelling unit if sprinklers are not required
for the primary residence.
(4)A local agency shall require that a rental of the accessory dwelling unit created pursuant to this subdivision be
for a term longer than 30 days.
(5)A local agency may require, as part of the application for a permit to create an accessory dwelling unit
connected to an onsite wastewater treatment system, a percolation test completed within the last five years, or, if
the percolation test has been recertified, within the last 10 years.
(6) Notwithstanding subdivision (c) and paragraph (1) a local agency that has adopted an ordinance by July 1,
2018, providing for the approval of accessory dwelling units in multifamily dwelling structures shall ministerially
consider a permit application to construct an accessory dwelling unit that is described in paragraph (1), and may
impose standards including, but not limited to, design, development, and historic standards on said accessory
dwelling units. These standards shall not include requirements on minimum lot size.
25
(f) (1) Fees charged for the construction of accessory dwelling units shall be determined in accordance with
Chapter 5 (commencing with Section 66000) and Chapter 7 (commencing with Section 66012).
(2)An accessory dwelling unit shall not be considered by a local agency, special district, or water corporation to be
a new residential use for purposes of calculating connection fees or capacity charges for utilities, including water
and sewer service, unless the accessory dwelling unit was constructed with a new single-family dwelling.
(3) (A)A local agency, special district, or water corporation shall not impose any impact fee upon the development
of an accessory dwelling unit less than 750 square feet. Any impact fees charged for an accessory dwelling unit of
750 square feet or more shall be charged proportionately in relation to the square footage of the primary dwelling
unit.
(B) For purposes of this paragraph, "impact fee" has the same meaning as the term "fee" is defined in subdivision
(b) of Section 66000, except that it also includes fees specified in Section 66477. "Impact fee" does not include any
connection fee or capacity charge charged by a local agency, special district, or water corporation.
(4) For an accessory dwelling unit described in subparagraph (A) of paragraph (1) of subdivision (e), a local
agency, special district, or water corporation shall not require the applicant to install a new or separate utility
connection directly between the accessory dwelling unit and the utility or impose a related connection fee or
capacity charge, unless the accessory dwelling unit was constructed with a new single-family home.
(5) For an accessory dwelling unit that is not described in subparagraph (A) of paragraph (1) of subdivision (e), a
local agency, special district, or water corporation may require a new or separate utility connection directly
between the accessory dwelling unit and the utility. Consistent with Section 66013, the connection may be subject
to a connection fee or capacity charge that shall be proportionate to the burden of the proposed accessory dwelling
unit, based upon either its square feet or the number of its drainage fixture unit (DFU)values, as defined in the
Uniform Plumbing Code adopted and published by the International Association of Plumbing and Mechanical
Officials, upon the water or sewer system. This fee or charge shall not exceed the reasonable cost of providing this
service.
(g) This section does not limit the authority of local agencies to adopt less restrictive requirements for the creation
of an accessory dwelling unit.
(h) (1) A local agency shall submit a copy of the ordinance adopted pursuant to subdivision (a) to the Department
of Housing and Community Development within 60 days after adoption. After adoption of an ordinance, the
department may submit written findings to the local agency as to whether the ordinance complies with this section.
(2) (A) If the department finds that the local agency's ordinance does not comply with this section, the department
shall notify the local agency and shall provide the local agency with a reasonable time, no longer than 30 days, to
respond to the findings before taking any other action authorized by this section.
(B)The local agency shall consider the findings made by the department pursuant to subparagraph (A) and shall
do one of the following:
(i)Amend the ordinance to comply with this section.
(ii)Adopt the ordinance without changes. The local agency shall include findings in its resolution adopting the
ordinance that explain the reasons the local agency believes that the ordinance complies with this section despite
the findings of the department.
(3) (A) If the local agency does not amend its ordinance in response to the department's findings or does not adopt
a resolution with findings explaining the reason the ordinance complies with this section and addressing the
department's findings, the department shall notify the local agency and may notify the Attorney General that the
local agency is in violation of state law.
(B) Before notifying the Attorney General that the local agency is in violation of state law, the department may
consider whether a local agency adopted an ordinance in compliance with this section between January 1, 2017,
and January 1, 2020.
(i)The department may review, adopt, amend, or repeal guidelines to implement uniform standards or criteria that
supplement or clarify the terms, references, and standards set forth in this section. The guidelines adopted
pursuant to this subdivision are not subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2.
(j) As used in this section, the following terms mean:
(1) "Accessory dwelling unit" means an attached or a detached residential dwelling unit that provides complete
independent living facilities for one or more persons and is located on a lot with a proposed or existing primary
residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same
parcel as the single-family or multifamily dwelling is or will be situated. An accessory dwelling unit also includes the
following:
(A)An efficiency unit.
(B)A manufactured home, as defined in Section 18007 of the Health and Safety Code.
26
(2) "Accessory structure" means a structure that is accessory and incidental to a dwelling located on the same lot.
(3) "Efficiency unit" has the same meaning as defined in Section 17958.1 of the Health and Safety Code.
(4) "Living area" means the interior habitable area of a dwelling unit, including basements and attics, but does not
include a garage or any accessory structure.
(5) "Local agency" means a city, county, or city and county, whether general law or chartered.
(6) "Nonconforming zoning condition" means a physical improvement on a property that does not conform with
current zoning standards.
(7) "Passageway" means a pathway that is unobstructed clear to the sky and extends from a street to one entrance
of the accessory dwelling unit.
(8) "Proposed dwelling" means a dwelling that is the subject of a permit application and that meets the
requirements for permitting.
(9) "Public transit" means a location, including, but not limited to, a bus stop or train station, where the public may
access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are
available to the public.
(10) "Tandem parking" means that two or more automobiles are parked on a driveway or in any other location on a
lot, lined up behind one another.
(k) A local agency shall not issue a certificate of occupancy for an accessory dwelling unit before the local agency
issues a certificate of occupancy for the primary dwelling.
(1) Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or application of
the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code),
except that the local government shall not be required to hold public hearings for coastal development permit
applications for accessory dwelling units.
(m)A local agency may count an accessory dwelling unit for purposes of identifying adequate sites for housing, as
specified in subdivision (a) of Section 65583.1, subject to authorization by the department and compliance with this
division.
(n) In enforcing building standards pursuant to Article 1 (commencing with Section 17960) of Chapter 5 of Part 1.5
of Division 13 of the Health and Safety Code for an accessory dwelling unit described in paragraph (1) or(2)
below, a local agency, upon request of an owner of an accessory dwelling unit for a delay in enforcement, shall
delay enforcement of a building standard, subject to compliance with Section 17980.12 of the Health and Safety
Code:
(1)The accessory dwelling unit was built before January 1, 2020.
(2)The accessory dwelling unit was built on or after January 1, 2020, in a local jurisdiction that, at the time the
accessory dwelling unit was built, had a noncompliant accessory dwelling unit ordinance, but the ordinance is
compliant at the time the request is made.
(o)This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
(Becomes operative on January 1,2025)
Section 65852.2 of the Government Code is amended to read (changes from January 1, 2021 statute noted in
underline/italic):
65852.2.
(a) (1)A local agency may, by ordinance, provide for the creation of accessory dwelling units in areas zoned to
allow single-family or multifamily dwelling residential use. The ordinance shall do all of the following:
(A) Designate areas within the jurisdiction of the local agency where accessory dwelling units may be permitted.
The designation of areas may be based on the adequacy of water and sewer services and the impact of accessory
dwelling units on traffic flow and public safety. A local agency that does not provide water or sewer services shall
consult with the local water or sewer service provider regarding the adequacy of water and sewer services before
designating an area where accessory dwelling units may be permitted.
(B) (i) Impose standards on accessory dwelling units that include, but are not limited to, parking, height, setback,
landscape, architectural review, maximum size of a unit, and standards that prevent adverse impacts on any real
property that is listed in the California Register of Historic Resources. These standards shall not include
requirements on minimum lot size.
(ii) Notwithstanding clause (i), a local agency may reduce or eliminate parking requirements for any accessory
dwelling unit located within its jurisdiction.
(C) Provide that accessory dwelling units do not exceed the allowable density for the lot upon which the accessory
dwelling unit is located, and that accessory dwelling units are a residential use that is consistent with the existing
general plan and zoning designation for the lot.
27
(D) Require the accessory dwelling units to comply with all of the following:
(i)The accessory dwelling unit may be rented separate from the primary residence, but may not be sold or
otherwise conveyed separate from the primary residence.
(ii)The lot is zoned to allow single-family or multifamily dwelling residential use and includes a proposed or existing
dwelling.
(iii)The accessory dwelling unit is either attached to, or located within, the proposed or existing primary dwelling,
including attached garages, storage areas or similar uses, or an accessory structure or detached from the
proposed or existing primary dwelling and located on the same lot as the proposed or existing primary dwelling.
(iv) If there is an existing primary dwelling, the total floor area of an attached accessory dwelling unit shall not
exceed 50 percent of the existing primary dwelling.
(v) The total floor area for a detached accessory dwelling unit shall not exceed 1,200 square feet.
(vi) No passageway shall be required in conjunction with the construction of an accessory dwelling unit.
(vii) No setback shall be required for an existing living area or accessory structure or a structure constructed in the
same location and to the same dimensions as an existing structure that is converted to an accessory dwelling unit
or to a portion of an accessory dwelling unit, and a setback of no more than four feet from the side and rear lot
lines shall be required for an accessory dwelling unit that is not converted from an existing structure or a new
structure constructed in the same location and to the same dimensions as an existing structure.
(viii) Local building code requirements that apply to detached dwellings, as appropriate.
(ix)Approval by the local health officer where a private sewage disposal system is being used, if required.
(x) (I) Parking requirements for accessory dwelling units shall not exceed one parking space per accessory
dwelling unit or per bedroom, whichever is less. These spaces may be provided as tandem parking on a driveway.
(II) Offstreet parking shall be permitted in setback areas in locations determined by the local agency or through
tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible
based upon specific site or regional topographical or fire and life safety conditions.
(III) This clause shall not apply to an accessory dwelling unit that is described in subdivision (d).
(xi)When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an
accessory dwelling unit or converted to an accessory dwelling unit, the local agency shall not require that those
offstreet parking spaces be replaced.
(xii)Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary
residence.
(2)The ordinance shall not be considered in the application of any local ordinance, policy, or program to limit
residential growth.
(3)A permit application for an accessory dwelling unit or a junior accessory dwelling unit shall be considered and
approved ministerially without discretionary review or a hearing, notwithstanding Section 65901 or 65906 or any
local ordinance regulating the issuance of variances or special use permits. The permitting agency shall act on the
application to create an accessory dwelling unit or a junior accessory dwelling unit within 60 days from the date the
local agency receives a completed application if there is an existing single-family or multifamily dwelling on the lot.
If the permit application to create an accessory dwelling unit or a junior accessory dwelling unit is submitted with a
permit application to create a new single-family dwelling on the lot, the permitting agency may delay acting on the
permit application for the accessory dwelling unit or the junior accessory dwelling unit until the permitting agency
acts on the permit application to create the new single-family dwelling, but the application to create the accessory
dwelling unit or junior accessory dwelling unit shall be considered without discretionary review or hearing. If the
applicant requests a delay, the 60-day time period shall be tolled for the period of the delay. If the local agency has
not acted upon the completed application within 60 days, the application shall be deemed approved. A local
agency may charge a fee to reimburse it for costs incurred to implement this paragraph, including the costs of
adopting or amending any ordinance that provides for the creation of an accessory dwelling unit.
(4)An existing ordinance governing the creation of an accessory dwelling unit by a local agency or an accessory
dwelling ordinance adopted by a local agency shall provide an approval process that includes only ministerial
provisions for the approval of accessory dwelling units and shall not include any discretionary processes,
provisions, or requirements for those units, except as otherwise provided in this subdivision. If a local agency has
an existing accessory dwelling unit ordinance that fails to meet the requirements of this subdivision, that ordinance
shall be null and void and that agency shall thereafter apply the standards established in this subdivision for the
approval of accessory dwelling units, unless and until the agency adopts an ordinance that complies with this
section.
(5) No other local ordinance, policy, or regulation shall be the basis for the delay or denial of a building permit or a
use permit under this subdivision.
(6) (A)This subdivision establishes the maximum standards that local agencies shall use to evaluate a proposed
28
accessory dwelling unit on a lot that includes a proposed or existing single-family dwelling. No additional
standards, other than those provided in this subdivision, shall be used or
requirement, exGept that imposed except that, subject to subparagraph (8), a local agency may require an
applicant for a permit issued pursuant to this subdivision to be an owner-occupant or that the property be used for
rentals of terms longer than 30 days.
(8) Notwithstanding subparagraph (A), a local agency shall not impose an owner-occupant requirement on an
accessory dwelling unit permitted between January 1, 2020, to January 1, 2025, during which time the local
agency was prohibited from imposing an owner-occupant requirement.
(7)A local agency may amend its zoning ordinance or general plan to incorporate the policies, procedures, or
other provisions applicable to the creation of an accessory dwelling unit if these provisions are consistent with the
limitations of this subdivision.
(8)An accessory dwelling unit that conforms to this subdivision shall be deemed to be an accessory use or an
accessory building and shall not be considered to exceed the allowable density for the lot upon which it is located,
and shall be deemed to be a residential use that is consistent with the existing general plan and zoning
designations for the lot. The accessory dwelling unit shall not be considered in the application of any local
ordinance, policy, or program to limit residential growth.
(b)When a local agency that has not adopted an ordinance governing accessory dwelling units in accordance with
subdivision (a) receives an application for a permit to create an accessory dwelling unit pursuant to this
subdivision, the local agency shall approve or disapprove the application ministerially without discretionary review
pursuant to subdivision (a). The permitting agency shall act on the application to create an accessory dwelling unit
or a junior accessory dwelling unit within 60 days from the date the local agency receives a completed application
if there is an existing single-family or multifamily dwelling on the lot. If the permit application to create an accessory
dwelling unit or a junior accessory dwelling unit is submitted with a permit application to create a new single-family
dwelling on the lot, the permitting agency may delay acting on the permit application for the accessory dwelling unit
or the junior accessory dwelling unit until the permitting agency acts on the permit application to create the new
single-family dwelling, but the application to create the accessory dwelling unit or junior accessory dwelling unit
shall still be considered ministerially without discretionary review or a hearing. If the applicant requests a delay, the
60-day time period shall be tolled for the period of the delay. If the local agency has not acted upon the completed
application within 60 days, the application shall be deemed approved.
(c) (1) Subject to paragraph (2), a local agency may establish minimum and maximum unit size requirements for
both attached and detached accessory dwelling units.
(2) Notwithstanding paragraph (1), a local agency shall not establish by ordinance any of the following:
(A)A minimum square footage requirement for either an attached or detached accessory dwelling unit that
prohibits an efficiency unit.
(B)A maximum square footage requirement for either an attached or detached accessory dwelling unit that is less
than either of the following:
(i) 850 square feet.
(ii) 1,000 square feet for an accessory dwelling unit that provides more than one bedroom.
(C)Any other minimum or maximum size for an accessory dwelling unit, size based upon a percentage of the
proposed or existing primary dwelling, or limits on lot coverage, floor area ratio, open space, and minimum lot size,
for either attached or detached dwellings that does not permit at least an 800 square foot accessory dwelling unit
that is at least 16 feet in height with four-foot side and rear yard setbacks to be constructed in compliance with all
other local development standards.
(d) Notwithstanding any other law, a local agency, whether or not it has adopted an ordinance governing accessory
dwelling units in accordance with subdivision (a), shall not impose parking standards for an accessory dwelling unit
in any of the following instances:
(1)The accessory dwelling unit is located within one-half mile walking distance of public transit.
(2)The accessory dwelling unit is located within an architecturally and historically significant historic district.
(3)The accessory dwelling unit is part of the proposed or existing primary residence or an accessory structure.
(4)When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit.
(5)When there is a car share vehicle located within one block of the accessory dwelling unit.
(e) (1) Notwithstanding subdivisions (a) to (d), inclusive, a local agency shall ministerially approve an application
for a building permit within a residential or mixed-use zone to create any of the following:
(A) One accessory dwelling unit ar and one junior accessory dwelling unit per lot with a proposed or existing
single-family dwelling if all of the following apply:
(i) The accessory dwelling unit or junior accessory dwelling unit is within the proposed space of a single-family
dwelling or existing space of a single-family dwelling or accessory structure and may include an expansion of not
29
more than 150 square feet beyond the same physical dimensions as the existing accessory structure. An
expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating
ingress and egress.
(ii)The space has exterior access from the proposed or existing single-family dwelling.
(iii)The side and rear setbacks are sufficient for fire and safety.
(iv)The junior accessory dwelling unit complies with the requirements of Section 65852.22.
(B) One detached, new construction, accessory dwelling unit that does not exceed four-foot side and rear yard
setbacks for a lot with a proposed or existing single-family dwelling. The accessory dwelling unit may be combined
with a junior accessory dwelling unit described in subparagraph (A). A local agency may impose the following
conditions on the accessory dwelling unit:
(i)A total floor area limitation of not more than 800 square feet.
(ii)A height limitation of 16 feet.
(C) (i) Multiple accessory dwelling units within the portions of existing multifamily dwelling structures that are not
used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements,
or garages, if each unit complies with state building standards for dwellings.
(ii)A local agency shall allow at least one accessory dwelling unit within an existing multifamily dwelling and shall
allow up to 25 percent of the existing multifamily dwelling units.
(D) Not more than two accessory dwelling units that are located on a lot that has an existing multifamily dwelling,
but are detached from that multifamily dwelling and are subject to a height limit of 16 feet and four-foot rear yard
and side setbacks.
(2)A local agency shall not require, as a condition for ministerial approval of a permit application for the creation of
an accessory dwelling unit or a junior accessory dwelling unit, the correction of nonconforming zoning conditions.
(3)The installation of fire sprinklers shall not be required in an accessory dwelling unit if sprinklers are not required
for the primary residence.
(4)A local agency may require owner occupancy for either the primary dwelling or the accessory dwelling unit on a
single-family lot, subject to the requirements of paragraph (6) of subdivision (a).
04 () A local agency shall require that a rental of the accessory dwelling unit created pursuant to this subdivision
be for a term longer than 30 days.
�54 f6) A local agency may require, as part of the application for a permit to create an accessory dwelling unit
connected to an onsite wastewater treatment system, a percolation test completed within the last five years, or, if
the percolation test has been recertified, within the last 10 years.
�64 f7) Notwithstanding subdivision (c) and paragraph (1) a local agency that has adopted an ordinance by July 1,
2018, providing for the approval of accessory dwelling units in multifamily dwelling structures shall ministerially
consider a permit application to construct an accessory dwelling unit that is described in paragraph (1), and may
impose standards including, but not limited to, design, development, and historic standards on said accessory
dwelling units. These standards shall not include requirements on minimum lot size.
(f) (1) Fees charged for the construction of accessory dwelling units shall be determined in accordance with
Chapter 5 (commencing with Section 66000) and Chapter 7 (commencing with Section 66012).
(2)An accessory dwelling unit shall not be considered by a local agency, special district, or water corporation to be
a new residential use for purposes of calculating connection fees or capacity charges for utilities, including water
and sewer service, unless the accessory dwelling unit was constructed with a new single-family dwelling.
(3) (A)A local agency, special district, or water corporation shall not impose any impact fee upon the development
of an accessory dwelling unit less than 750 square feet. Any impact fees charged for an accessory dwelling unit of
750 square feet or more shall be charged proportionately in relation to the square footage of the primary dwelling
unit.
(B) For purposes of this paragraph, "impact fee" has the same meaning as the term "fee" is defined in subdivision
(b) of Section 66000, except that it also includes fees specified in Section 66477. "Impact fee" does not include any
connection fee or capacity charge charged by a local agency, special district, or water corporation.
(4) For an accessory dwelling unit described in subparagraph (A) of paragraph (1) of subdivision (e), a local
agency, special district, or water corporation shall not require the applicant to install a new or separate utility
connection directly between the accessory dwelling unit and the utility or impose a related connection fee or
capacity charge, unless the accessory dwelling unit was constructed with a new single-family fie. dwelling.
(5) For an accessory dwelling unit that is not described in subparagraph (A) of paragraph (1) of subdivision (e), a
local agency, special district, or water corporation may require a new or separate utility connection directly
between the accessory dwelling unit and the utility. Consistent with Section 66013, the connection may be subject
to a connection fee or capacity charge that shall be proportionate to the burden of the proposed accessory dwelling
unit, based upon either its square feet or the number of its drainage fixture unit (DFU) values, as defined in the
30
Uniform Plumbing Code adopted and published by the International Association of Plumbing and Mechanical
Officials, upon the water or sewer system. This fee or charge shall not exceed the reasonable cost of providing this
service.
(g)This section does not limit the authority of local agencies to adopt less restrictive requirements for the creation
of an accessory dwelling unit.
(h) (1) A local agency shall submit a copy of the ordinance adopted pursuant to subdivision (a) to the Department
of Housing and Community Development within 60 days after adoption. After adoption of an ordinance, the
department may submit written findings to the local agency as to whether the ordinance complies with this section.
(2) (A) If the department finds that the local agency's ordinance does not comply with this section, the department
shall notify the local agency and shall provide the local agency with a reasonable time, no longer than 30 days, to
respond to the findings before taking any other action authorized by this section.
(B)The local agency shall consider the findings made by the department pursuant to subparagraph (A) and shall
do one of the following:
(i) Amend the ordinance to comply with this section.
(ii)Adopt the ordinance without changes. The local agency shall include findings in its resolution adopting the
ordinance that explain the reasons the local agency believes that the ordinance complies with this section despite
the findings of the department.
(3) (A) If the local agency does not amend its ordinance in response to the department's findings or does not adopt
a resolution with findings explaining the reason the ordinance complies with this section and addressing the
department's findings, the department shall notify the local agency and may notify the Attorney General that the
local agency is in violation of state law.
(B) Before notifying the Attorney General that the local agency is in violation of state law, the department may
consider whether a local agency adopted an ordinance in compliance with this section between January 1, 2017,
and January 1, 2020.
(i)The department may review, adopt, amend, or repeal guidelines to implement uniform standards or criteria that
supplement or clarify the terms, references, and standards set forth in this section. The guidelines adopted
pursuant to this subdivision are not subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2.
(j) As used in this section, the following terms mean:
(1) "Accessory dwelling unit" means an attached or a detached residential dwelling unit that provides complete
independent living facilities for one or more persons and is located on a lot with a proposed or existing primary
residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same
parcel as the single-family or multifamily dwelling is or will be situated. An accessory dwelling unit also includes the
following:
(A)An efficiency unit.
(B)A manufactured home, as defined in Section 18007 of the Health and Safety Code.
(2) "Accessory structure" means a structure that is accessory and incidental to a dwelling located on the same lot.
(3) "Efficiency unit" has the same meaning as defined in Section 17958.1 of the Health and Safety Code.
(4) "Living area" means the interior habitable area of a dwelling unit, including basements and attics, but does not
include a garage or any accessory structure.
(5) "Local agency" means a city, county, or city and county, whether general law or chartered.
(6) "Nonconforming zoning condition" means a physical improvement on a property that does not conform with
current zoning standards.
(7) "Passageway" means a pathway that is unobstructed clear to the sky and extends from a street to one entrance
of the accessory dwelling unit.
(8) "Proposed dwelling" means a dwelling that is the subject of a permit application and that meets the
requirements for permitting.
(9) "Public transit" means a location, including, but not limited to, a bus stop or train station, where the public may
access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are
available to the public.
(10) "Tandem parking" means that two or more automobiles are parked on a driveway or in any other location on a
lot, lined up behind one another.
(k)A local agency shall not issue a certificate of occupancy for an accessory dwelling unit before the local agency
issues a certificate of occupancy for the primary dwelling.
(1) Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or application of
the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code),
except that the local government shall not be required to hold public hearings for coastal development permit
31
applications for accessory dwelling units.
(m)A local agency may count an accessory dwelling unit for purposes of identifying adequate sites for housing, as
specified in subdivision (a) of Section 65583.1, subject to authorization by the department and compliance with this
division.
(n) In enforcing building standards pursuant to Article 1 (commencing with Section 17960) of Chapter 5 of Part 1.5
of Division 13 of the Health and Safety Code for an accessory dwelling unit described in paragraph (1) or (2)
below, a local agency, upon request of an owner of an accessory dwelling unit for a delay in enforcement, shall
delay enforcement of a building standard, subject to compliance with Section 17980.12 of the Health and Safety
Code:
(1) The accessory dwelling unit was built before January 1, 2020.
(2) The accessory dwelling unit was built on or after January 1, 2020, in a local jurisdiction that, at the time the
accessory dwelling unit was built, had a noncompliant accessory dwelling unit ordinance, but the ordinance is
compliant at the time the request is made.
(o)This section shall Fe+M,;R OR E?ff8Gt ^^IY URtil aR aFy 1, 2025, and as-9f that e-is repealed. become operative
on January 1, 2025.
Effective January 1, 2021, Section 4740 of the Civil Code is amended to read (changes noted in strikeout,
underline/italics) (AB 3182 (Ting)):
4740.
(a) An owner of a separate interest in a common interest development shall not be subject to a provision in a
governing document or an amendment to a governing document that prohibits the rental or leasing of any of the
separate interests in that common interest development to a renter, lessee, or tenant unless that governing
document, or amendment thereto, was effective prior to the date the owner acquired title to hog; Ar
4@-r-their separate interest.
tO a F@Rt@F IOQQOO OF fononf
�s-) b) For purposes of this section, the right to rent or lease the separate interest of an owner shall not be deemed
to have terminated if the transfer by the owner of all or part of the separate interest meets at least one of the
following conditions:
(1) Pursuant to Section 62 or 480.3 of the Revenue and Taxation Code, the transfer is exempt, for purposes of
reassessment by the county tax assessor.
(2) Pursuant to subdivision (b) of, solely with respect to probate transfers, or subdivision (e), (f), or (g) of, Section
1102.2, the transfer is exempt from the requirements to prepare and deliver a Real Estate Transfer Disclosure
Statement, as set forth in Section 1102.6.
04 (c) Prior to renting or leasing ",,,s-Ar her their separate interest as provided by this section, an owner shall
provide the association verification of the date the owner acquired title to the separate interest and the name and
contact information of the prospective tenant or lessee or the prospective tenant's or lessee's representative.
fie) (d) Nothing in this section shall be deemed to revise, alter, or otherwise affect the voting process by which a
common interest development adopts or amends its governing documents.
(� This SGGtiGR Shall apply GRIY tG a "R - dGG61MORt GF a PFG i i i R a R a M G.R.d-I.R.A.G.R.t t A- a-
Effective January 1, 2021 of the Section 4741 is added to the Civil Code, to read(AB 3182 (Ting)):
4741.
(a)An owner of a separate interest in a common interest development shall not be subject to a provision in a
governing document or an amendment to a poverninp document that prohibits, has the effect of prohibiting, or
unreasonably restricts the rental or leasing of any of the separate interests, accessory dwelling units, or iunior
accessory dwelling units in that common interest development to a renter, lessee, or tenant.
(b)A common interest development shall not adopt or enforce a provision in a governing document or amendment
to a governing document that restricts the rental or lease of separate interests within a common interest to less
than 25 percent of the separate interests. Nothing in this subdivision prohibits a common interest development
from adopting or enforcing a provision authorizing a higher percentage of separate interests to be rented or leased.
(c) This section does not prohibit a common interest development from adopting and enforcing a provision in a
32
governing document that prohibits transient or short-term rental of a separate property interest for a period of 30
days or less.
(d) For purposes of this section, an accessory dwelling unit or junior accessory dwelling unit shall not be construed
as a separate interest.
(e) For purposes of this section, a separate interest shall not be counted as occupied by a renter if the separate
interest, or the accessory dwelling unit or junior accessory dwelling unit of the separate interest, is occupied by the
owner.
M A common interest development shall comply with the prohibition on rental restrictions specified in this section
on and after January 1, 2021, regardless of whether the common interest development has revised their governing
documents to comply with this section. However, a common interest development shall amend their governing
documents to conform to the requirements of this section no later than December 31, 2021.
(g)A common interest development that willfully violates this section shall be liable to the applicant or other party
for actual damages, and shall pay a civil penalty to the applicant or other party in an amount not to exceed one
thousand dollars ($1,000).
(h) In accordance with Section 4740, this section does not change the right of an owner of a separate interest who
acquired title to their separate interest before the effective date of this section to rent or lease their property.
Effective January 1, 2020, Section 65852.22 of the Government Code is was amended to read (AB 68 (Ting)):
65852.22.
(a) Notwithstanding Section 65852.2, a local agency may, by ordinance, provide for the creation of junior
accessory dwelling units in single-family residential zones. The ordinance may require a permit to be obtained for
the creation of a junior accessory dwelling unit, and shall do all of the following:
(1) Limit the number of junior accessory dwelling units to one per residential lot zoned for single-family residences
with a single-family residence built, or proposed to be built, on the lot.
(2) Require owner-occupancy in the single-family residence in which the junior accessory dwelling unit will be
permitted. The owner may reside in either the remaining portion of the structure or the newly created junior
accessory dwelling unit. Owner-occupancy shall not be required if the owner is another governmental agency, land
trust, or housing organization.
(3) Require the recordation of a deed restriction, which shall run with the land, shall be filed with the permitting
agency, and shall include both of the following:
(A)A prohibition on the sale of the junior accessory dwelling unit separate from the sale of the single-family
residence, including a statement that the deed restriction may be enforced against future purchasers.
(B)A restriction on the size and attributes of the junior accessory dwelling unit that conforms with this section.
(4) Require a permitted junior accessory dwelling unit to be constructed within the walls of proposed or existing
single-family residence.
(5) Require a permitted junior accessory dwelling to include a separate entrance from the main entrance to
the proposed or existing single-family residence.
(6) Require the permitted junior accessory dwelling unit to include an efficiency kitchen, which shall include all of
the following:
(A) A cooking facility with appliances.
(B) A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior
accessory dwelling unit.
(b) (1) An ordinance shall not require additional parking as a condition to grant a permit.
(2)This subdivision shall not be interpreted to prohibit the requirement of an inspection, including the imposition of
a fee for that inspection, to determine if the junior accessory dwelling unit complies with applicable building
standards.
(c) An application for a permit pursuant to this section shall, notwithstanding Section 65901 or 65906 or any local
ordinance regulating the issuance of variances or special use permits, be considered ministerially, without
discretionary review or a hearing. The permitting agency shall act on the application to create a junior accessory
dwelling unit within 60 days from the date the local agency receives a completed application if there is an existing
single-family dwelling on the lot. If the permit application to create a junior accessory dwelling unit is submitted with
a permit application to create a new single-family dwelling on the lot, the permitting agency may delay acting on
the permit application for the junior accessory dwelling unit until the permitting agency acts on the permit
application to create the new single-family dwelling, but the application to create the junior accessory dwelling unit
shall still be considered ministerially without discretionary review or a hearing. If the applicant requests a delay, the
60-day time period shall be tolled for the period of the delay. A local agency may charge a fee to reimburse the
local agency for costs incurred in connection with the issuance of a permit pursuant to this section.
33
(d) For purposes of any fire or life protection ordinance or regulation, a junior accessory dwelling unit shall not be
considered a separate or new dwelling unit. This section shall not be construed to prohibit a city, county, city and
county, or other local public entity from adopting an ordinance or regulation relating to fire and life protection
requirements within a single-family residence that contains a junior accessory dwelling unit so long as the
ordinance or regulation applies uniformly to all single-family residences within the zone regardless of whether the
single-family residence includes a junior accessory dwelling unit or not.
(e) For purposes of providing service for water, sewer, or power, including a connection fee, a junior accessory
dwelling unit shall not be considered a separate or new dwelling unit.
(f) This section shall not be construed to prohibit a local agency from adopting an ordinance or regulation, related
to parking or a service or a connection fee for water, sewer, or power, that applies to a single-family residence that
contains a junior accessory dwelling unit, so long as that ordinance or regulation applies uniformly to all single-
family residences regardless of whether the single-family residence includes a junior accessory dwelling unit.
(g) If a local agency has not adopted a local ordinance pursuant to this section, the local agency shall ministerially
approve a permit to construct a junior accessory dwelling unit that satisfies the requirements set forth in
subparagraph (A) of paragraph (1) of subdivision (e) of Section 65852.2 and the requirements of this section.
(h) For purposes of this section, the following terms have the following meanings:
(1) "Junior accessory dwelling unit" means a unit that is no more than 500 square feet in size and contained
entirely within a single-family residence. A junior accessory dwelling unit may include separate sanitation facilities,
or may share sanitation facilities with the existing structure.
(2) "Local agency" means a city, county, or city and county, whether general law or chartered.
Effective January 1, 2020 Section 17980.12 +& was added to the Health and Safety Code, immediately following
Section 17980.11, to read (SB 13 (Wieckowski)):
17980.12.
(a) (1)An enforcement agency, until January 1, 2030, that issues to an owner of an accessory dwelling unit
described in subparagraph (A) or(B) below, a notice to correct a violation of any provision of any building standard
pursuant to this part shall include in that notice a statement that the owner of the unit has a right to request a delay
in enforcement pursuant to this subdivision:
(A)The accessory dwelling unit was built before January 1, 2020.
(B)The accessory dwelling unit was built on or after January 1, 2020, in a local jurisdiction that, at the time the
accessory dwelling unit was built, had a noncompliant accessory dwelling unit ordinance, but the ordinance is
compliant at the time the request is made.
(2)The owner of an accessory dwelling unit that receives a notice to correct violations or abate nuisances as
described in paragraph (1) may, in the form and manner prescribed by the enforcement agency, submit an
application to the enforcement agency requesting that enforcement of the violation be delayed for five years on the
basis that correcting the violation is not necessary to protect health and safety.
(3)The enforcement agency shall grant an application described in paragraph (2) if the enforcement determines
that correcting the violation is not necessary to protect health and safety. In making this determination, the
enforcement agency shall consult with the entity responsible for enforcement of building standards and other
regulations of the State Fire Marshal pursuant to Section 13146.
(4)The enforcement agency shall not approve any applications pursuant to this section on or after January 1,
2030. However, any delay that was approved by the enforcement agency before January 1, 2030, shall be valid for
the full term of the delay that was approved at the time of the initial approval of the application pursuant to
paragraph (3).
(b) For purposes of this section, "accessory dwelling unit" has the same meaning as defined in Section 65852.2.
(c)This section shall remain in effect only until January 1, 2035, and as of that date is repealed.
34
GOV. CODE: TITLE 7, DIVISION 1, CHAPTER 4, ARTICLE 2
AB 587 Accessory Dwelling Units
Effective January 1, 2020 Section 65852.26 i-s was added to the Government Code, immediately following Section
65852.25, to read (AB 587 (Friedman)):
65852.26.
(a) Notwithstanding clause (i) of subparagraph (D) of paragraph (1) of subdivision (a) of Section 65852.2, a local
agency may, by ordinance, allow an accessory dwelling unit to be sold or conveyed separately from the primary
residence to a qualified buyer if all of the following apply:
(1)The property was built or developed by a qualified nonprofit corporation.
(2)There is an enforceable restriction on the use of the land pursuant to a recorded contract between the qualified
buyer and the qualified nonprofit corporation that satisfies all of the requirements specified in paragraph (10) of
subdivision (a) of Section 402.1 of the Revenue and Taxation Code.
(3)The property is held pursuant to a recorded tenancy in common agreement that includes all of the following:
(A)The agreement allocates to each qualified buyer an undivided, unequal interest in the property based on the
size of the dwelling each qualified buyer occupies.
(B)A repurchase option that requires the qualified buyer to first offer the qualified nonprofit corporation to buy the
property if the buyer desires to sell or convey the property.
(C)A requirement that the qualified buyer occupy the property as the buyer's principal residence.
(D) Affordability restrictions on the sale and conveyance of the property that ensure the property will be preserved
for low-income housing for 45 years for owner-occupied housing units and will be sold or resold to a qualified
buyer.
(4)A grant deed naming the grantor, grantee, and describing the property interests being transferred shall be
recorded in the county in which the property is located. A Preliminary Change of Ownership Report shall be filed
concurrently with this grant deed pursuant to Section 480.3 of the Revenue and Taxation Code.
(5) Notwithstanding subparagraph (A) of paragraph (2) of subdivision (f) of Section 65852.2, if requested by a utility
providing service to the primary residence, the accessory dwelling unit has a separate water, sewer, or electrical
connection to that utility.
(b) For purposes of this section, the following definitions apply:
(1) "Qualified buyer" means persons and families of low or moderate income, as that term is defined in Section
50093 of the Health and Safety Code.
(2) "Qualified nonprofit corporation" means a nonprofit corporation organized pursuant to Section 501(c)(3) of the
Internal Revenue Code that has received a welfare exemption under Section 214.15 of the Revenue and Taxation
Code for properties intended to be sold to low-income families who participate in a special no-interest loan
program.
CIVIL CODE: DIVISION 4, PART 5, CHAPTER 5, ARTICLE 1
AB 670 Accessory Dwelling Units
Effective January 1, 2020, Section 4751 is was added to the Civil Code, to read (AB 670 (Friedman)):
4751.
(a)Any covenant, restriction, or condition contained in any deed, contract, security instrument, or other instrument
affecting the transfer or sale of any interest in a planned development, and any provision of a governing document,
that either effectively prohibits or unreasonably restricts the construction or use of an accessory dwelling unit or
junior accessory dwelling unit on a lot zoned for single-family residential use that meets the requirements of
Section 65852.2 or 65852.22 of the Government Code, is void and unenforceable.
(b)This section does not apply to provisions that impose reasonable restrictions on accessory dwelling units or
junior accessory dwelling units. For purposes of this subdivision, "reasonable restrictions" means restrictions that
do not unreasonably increase the cost to construct, effectively prohibit the construction of, or extinguish the ability
35
to otherwise construct, an accessory dwelling unit or junior accessory dwelling unit consistent with the provisions of
Section 65852.2 or 65852.22 of the Government Code.
GOV. CODE: TITLE 7, DIVISION 1, CHAPTER 3, ARTICLE 10.6
AB 671 Accessory Dwelling Units
Effective January 1, 2020, Section 65583(c)(7) of the Government Code+s was added to read (sections of housing
element law omitted for conciseness) (AB 671 (Friedman)):
65583(c)(7).
Develop a plan that incentivizes and promotes the creation of accessory dwelling units that can be offered at
affordable rent, as defined in Section 50053 of the Health and Safety Code, for very low, low-, or moderate-income
households. For purposes of this paragraph, "accessory dwelling units" has the same meaning as "accessory
dwelling unit" as defined in paragraph (4) of subdivision (i) of Section 65852.2.
Effective January 1, 2020, Section 50504.5 is was added to the Health and Safety Code, to read (AB 671
(Friedman)):
50504.5.
(a)The department shall develop by December 31, 2020, a list of existing state grants and financial incentives for
operating, administrative, and other expenses in connection with the planning, construction, and operation of an
accessory dwelling unit with affordable rent, as defined in Section 50053, for very low, low-, and moderate-income
households.
(b)The list shall be posted on the department's internet website by December 31, 2020.
(c) For purposes of this section, "accessory dwelling unit" has the same meaning as defined in paragraph (4) of
subdivision (i) of Section 65852.2 of the Government Code.
36
Attachment 2: State Standards Checklist
GOVERNMENT
STATE STANDARD*
Unit is not intended for sale separate from the primary residence and may be 65852.2(a)(1)(D)(i)
rented.
Lot is zoned for single-family or multifamily use and contains a proposed, or 65852.2(a)(1)(D)(ii)
existing, dwelling.
The accessory dwelling unit is either attached to, or located within, the 65852.2(a)(1)(D)(iii)
proposed or existing primary dwelling, including attached garages, storage
areas or similar uses, or an accessory structure, or detached from the
proposed or existing dwelling and located on the same lot as the proposed or
existing primary dwelling.
Increased floor area of an attached accessory dwelling unit does not exceed 65852.2(a)(1)(D)(iv),
50 percent of the existing primary dwelling but shall be allowed to be at least (c)(2)(B) &C)
800/850/1000 square feet.
Total area of floor area for a detached accessory dwelling unit does not exceed 65852.2(a)(1)(D)(v)
1,200 square feet.
Passageways are not required in conjunction with the construction of an 65852.2(a)(1)(D)(vi)
accessory dwelling unit.
Setbacks are not required for an existing living area or accessory structure or a 65852.2(a)(1)(D)(vii)
structure constructed in the same location and to the same dimensions as an
existing structure that is converted to an accessory dwelling unit or to a portion
of an accessory dwelling unit, and a setback of no more than four feet from the
side and rear lot lines shall be required for an accessory dwelling unit that is
not converted from an existing structure or a new structure constructed in the
same location and to the same dimensions as an existing structure.
Local building code requirements that apply to detached dwellings are met, as 65852.2(a)(1)(D)(viii)
appropriate.
Local health officer approval where a private sewage disposal system is being 65852.2(a)(1)(D)(ix)
used, if required.
Parking requirements do not exceed one parking space per accessory dwelling 65852.2(a)(1)(D)(x)(I
unit or per bedroom, whichever is less. These spaces may be provided as
tandem parking on an existing driveway.
37
Attachment 3: Bibliography
ACCESSORY DWELLING UNITS: CASE STUDY (26 pp.)
By the United States Department of Housing and Urban Development, Office of Policy Development and
Research. (2008)
Introduction: Accessory dwelling units (ADUs)—also referred to as accessory apartments, ADUs, or granny flats
—are additional living quarters on single-family lots that are independent of the primary dwelling unit. The
separate living spaces are equipped with kitchen and bathroom facilities and can be either attached or detached
from the main residence. This case study explores how the adoption of ordinances, with reduced regulatory
restrictions to encourage ADUs, can be advantageous for communities. Following an explanation of the various
types of ADUs and their benefits, this case study provides examples of municipalities with successful ADU
legislation and programs. Section titles include: History of ADUs; Types of Accessory Dwelling Units; Benefits of
Accessory Dwelling Units; and Examples of ADU Ordinances and Programs.
THE MACRO VIEW ON MICRO UNITS (46 pp.)
By Bill Whitlow, et al. – Urban Land Institute (2014)
Library Call#: H43 4.21 M33 2014
The Urban Land Institute Multifamily Housing Councils were awarded a ULI Foundation research grant in fall 2013
to evaluate from multiple perspectives the market performance and market acceptance of micro and small units.
SECONDARY UNITS AND URBAN INFILL: A Literature Review (12 pp.)
By Jake Wegmann and Alison Nemirow (2011)
UC Berkeley: IURD
Library Call# D44 4.21 S43 2011
This literature review examines the research on both infill development in general, and secondary units in
particular, with an eye towards understanding the similarities and differences between infill as it is more
traditionally understood – i.e., the development or redevelopment of entire parcels of land in an already urbanized
area–and the incremental type of infill that secondary unit development constitutes.
RETHINKING PRIVATE ACCESSORY DWELLINGS (5 pp.)
By William P. Macht. Urbanland online. (March 6, 2015)
Library Location: Urbanland 74 (1/2) January/February 2015, pp. 87-91.
One of the large impacts of single-use, single-family detached zoning has been to severely shrink the supply of
accessory dwellings, which often were created in or near primary houses. Detached single-family dwelling zones—
the largest housing zoning category—typically preclude more than one dwelling per lot except under stringent
regulation, and then only in some jurisdictions. Bureaucratically termed "accessory dwelling units" that are allowed
by some jurisdictions may encompass market-derived names such as granny flats, granny cottages, mother-in-law
suites, secondary suites, backyard cottages, casitas, carriage flats, sidekick houses, basement apartments, attic
apartments, laneway houses, multigenerational homes, or home-within-a-home.
38
Regulating ADUs in California: Local Approaches & Outcomes (44 pp.)
By Deidra Pfeiffer
Terner Center for Housing and Innovation, UC Berkeley
Accessory dwelling units (ADU) are often mentioned as a key strategy in solving the nation's housing problems,
including housing affordability and challenges associated with aging in place. However, we know little about
whether formal ADU practices—such as adopting an ordinance, establishing regulations, and permitting—
contribute to these goals. This research helps to fill this gap by using data from the Terner California Residential
Land Use Survey and the U.S. Census Bureau to understand the types of communities engaging in different kinds
of formal ADU practices in California, and whether localities with adopted ordinances and less restrictive
regulations have more frequent applications to build ADUs and increasing housing affordability and aging in place.
Findings suggest that three distinct approaches to ADUs are occurring in California: 1) a more restrictive approach
in disadvantaged communities of color, 2) a moderately restrictive approach in highly advantaged, predominately
White and Asian communities, and 3) a less restrictive approach in diverse and moderately advantaged
communities. Communities with adopted ordinances and less restrictive regulations receive more frequent
applications to build ADUs but have not yet experienced greater improvements in housing affordability and aging in
place. Overall, these findings imply that 1) context-specific technical support and advocacy may be needed to help
align formal ADU practices with statewide goals, and 2) ADUs should be treated as one tool among many to
manage local housing problems.
ADU Update: Early Lessons and Impacts of California's State and Local Policy Changes (8 p.)
By David Garcia (2017)
Terner Center for Housing and Innovation, UC Berkeley
As California's housing crisis deepens, innovative strategies for creating new housing units for all income levels
are needed. One such strategy is building Accessory Dwelling Units (ADUs) by private homeowners. While large
scale construction of new market rate and affordable homes is needed to alleviate demand-driven rent increases
and displacement pressures, ADUs present a unique opportunity for individual homeowners to create more
housing as well. In particular, ADUs can increase the supply of housing in areas where there are fewer
opportunities for larger-scale developments, such as neighborhoods that are predominantly zoned for and
occupied by single-family homes.
In two of California's major metropolitan areas -- Los Angeles and San Francisco --well over three quarters of the
total land area is comprised of neighborhoods where single-family homes make up at least 60 percent of the
community's housing stock. Across the state, single-family detached units make up 56.4 percent of the overall
housing stock. Given their prevalence in the state's residential land use patterns, increasing the number of single-
family homes that have an ADU could contribute meaningfully to California's housing shortage.
Jumpstarting the Market for Accessory Dwelling Units: Lessons Learned from Portland, Seattle and
Vancouver (29 pp.)
By Karen Chapple et al (2017)
Terner Center for Housing and Innovation, UC Berkeley
Despite government attempts to reduce barriers, a widespread surge of ADU construction has not materialized.
The ADU market remains stalled. To find out why, this study looks at three cities in the Pacific Northwest of the
United States and Canada that have seen a spike in construction in recent years: Portland, Seattle, and
Vancouver. Each city has adopted a set of zoning reforms, sometimes in combination with financial incentives and
outreach programs, to spur ADU construction. Due to these changes, as well as the acceleration of the housing
crisis in each city, ADUs have begun blossoming.
39
Accessory Dwelling Units as Low-Income Housing: California's Faustian Bargain (37 pp.)
By Darrel Ramsey-Musolf(2018)
University of Massachusetts Amherst, ScholarWorks@UMass Amherst
In 2003, California allowed cities to count accessory dwelling units (ADU)towards low-income housing needs.
Unless a city's zoning code regulates the ADU's maximum rent, occupancy income, and/or effective period, then
the city may be unable to enforce low-income occupancy. After examining a stratified random sample of 57 low-,
moderate-, and high-income cities, the high-income cities must proportionately accommodate more low-income
needs than low-income cities. By contrast, low-income cities must quantitatively accommodate three times the low-
income needs of high-income cities. The sample counted 750 potential ADUs as low-income housing. Even though
759 were constructed, no units were identified as available low-income housing. In addition, none of the cities'
zoning codes enforced low-income occupancy. Inferential tests determined that cities with colleges and high
incomes were more probable to count ADUs towards overall and low-income housing needs. Furthermore, a city's
count of potential ADUs and cities with high proportions of renters maintained positive associations with ADU
production, whereas a city's density and prior compliance with state housing laws maintained negative
associations. In summary, ADUs did increase local housing inventory and potential ADUs were positively
associated with ADU production, but ADUs as low-income housing remained a paper calculation.
40