New 2023 ADU Laws

In 2020, Governor Newsom passed several bills that reduced the restrictions on building ADUs. California Legislature has now enacted more bills that reduce even more restrictions on building ADUs and make it easier for people to get their plans through the permitting process. Local agencies must update their ADU ordinances and abide by these new laws that were passed on Jan 1, 2023.

AB 2221

Permitting Agencies:

In 2020, one of the bills that was passed, required your city to either approve or deny your permit application within 60 days.

The problem with this was that the cities were overwhelmed and so they frequently just resorted to simply denying applications when the 60 days ran out. This left people with no other option than to resubmit or wait longer than 60 days for their permits to be approved.

Now with AB 2221, the cities are required to approve or deny your application within 60 days and along with this, they must provide you with all of the reasons your application is being denied if they are rejecting it. This means they must review your application more thoroughly, rather than rejecting it for a minor reason. Also, every permitting agency that has to issue a permit for your project is held to this same 60-day requirement, not just your local planning department.

Height Restrictions:

All cities now need to allow a minimum of 16’ height limit for ADUs under any circumstance. They must allow 18’ high if the structure is within ½ a mile of public transit or if the property already has a multi-family dwelling that is two-stories high, allowing for ADUs to be two-stories high. They must allow 25’ high if the ADU is attached to the primary dwelling, depending on the zoning code of that property.

Front Setbacks

Front setback must yield to the extent necessary to enable the construction of an 800 square foot ADU with 4’ side and rear setbacks.

SB 897

Unpermitted Work:

Many cities prohibit homeowners from building an ADU if there is found to be unpermitted work anywhere on the property. Bringing these errors up to code can take months or years and be extremely expensive. SB 897 eliminates that restriction unless the unpermitted work is a health or safety concern.

Demolition:

Some cities are still doing their best to block ADU development, especially garage conversions. Many cities issue the permits, but then withhold the demolition permit needed to tear down the existing garage. This results in the ADU development being halted. With the new law, they can no longer withhold demolition permits if the ADU permit is issued and it is no longer necessary to post a public notice about the demolition.

Fire Sprinklers:

The new bill eliminates the occupancy change to your property, requiring mandatory fire sprinklers in the primary dwelling.

JADU Laws:

This one seems obvious, but when building an attached JADU, you are not required to include a bathroom in the unit, but a bathroom in the primary dwelling needs to be accessible to the JADU. SB 897 makes this more explicit.

NEW LAWS COMING UP FOR CONSIDERATION

AB 1033

This law would repeal the states prohibition against selling ADUs. It would allow local governments to choose how and if to allow for-sale ADUs through a local ordinance. This provides local governments the chance to allow small starter homes for sale in their communities, which would help with the affordable housing shortage.

AB 976

This measure will permanently prohibit local agencies from imposing owner occupancy requirements on ADUs.

For any of you in the process of submitting plans for an ADU or considering building one on your property, I hope this information is helpful. I am accredited as an ADU specialist by Earth Advantage, a nationwide network of industry professionals who have completed a robust training and satisfied requirements in order to earn this third party accreditation. We are uniquely positioned to help homeowners understand site eligibility, local regulations, development process and costs, and return on investment of ADUs.

I design the fixtures, finishes (and furnishings if you need them), and handle all the project management. I work with an architect and structural engineer to get your drawings done and your permits approved, and with a contractor to build your ADU. My team and I handle the entire project for you! If you would like to work with us, schedule a discovery call and we would love to chat with you about your project.