There were a number of ADU bills passed by the state of California in 2019 which focused on "relaxing" restrictions for ADUS, or what Mayor Liccardo likes to call "bark yard" homes.
These new laws include Senate Bill 13 (SB 13), Assembly Bill (AB 881) and Assembly Bill 68 (AB 68). Here are the links to each of the bills:
And here's a summation of the impact these bills will have on those looking to build an ADU as well as the consequences cities now face if not complying with these new laws. Note this summation was taken from jdsupra.com
To see how the City Of San Jose has addressed these new laws, please review the city's ADU Univeral Checklist
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State law now clearly prohibits a city from requiring a minimum lot size.
ADUs are now allowed on lots with multifamily dwellings (not just single-family dwellings).
The no-setback rule is expanded beyond just non-conforming garages to include any existing structure or any new structure in the same place and with the same dimensions as an existing structure.
The most a city may require for a side or rear setback is now 4 feet.
Before, the adequacy of water and sewer services and ADU impact on traffic flow and public safety were just examples of reasons that might justify a city in restricting ADUs in a certain area. Now, they’re the only allowed reasons, and cities must consult with utility providers before deciding that water and sewer services are inadequate.
Fewer Opportunities to Regulate Size
The minimum size must be 220 square feet, or as low as 150 square feet if the city has adopted a lower efficiency-unit standard by local ordinance.
The maximum size must be at least 850 square feet for attached and detached studio and one-bedroom ADUs and at least 1,000 square feet for two or more bedrooms. In practice, an ADU might be limited to less than these minimum maximums by the application of development standards, such as lot coverage and floor-area ration. But another new provision prohibits the application of any standard that wouldn’t allow for at least an 800‑square foot, 16-foot tall ADU with 4-foot side and rear setbacks.
Converted ADUs may now include an expansion of the existing structure of up to 150 square feet for ingress and egress.
Attached ADUs are no longer limited to 1,200 square feet — just 50 percent of the existing primary dwelling.
Less Parking
Cities may no longer require replacement parking when a garage is converted to an ADU.
A city cannot require ADU parking within a 1/2 mile of public transit. State law now clarifies that “public transit” includes any bus stop, which may considerably expand parking-exempt areas for many cities.
More Limited Review
Whether or not a city has a compliant ADU ordinance, it must ministerially approve a compliant ADU, and now a junior ADU as well, within 60 days of receiving a
Application — a decrease from 120 days. But the city must extend that time if an applicant requests it. Cities may charge a fee to recover review costs.
Any new primary dwelling that requires a discretionary review may still be subjected to the normal discretionary process, and consideration of an ADU on the same lot may be delayed until the primary dwelling is approved. But the ADU decision must remain ministerial.
Cities now have to approve new detached ADUs with only a building permit (as they do for converted ADUs), without applying any standard except for 4-foot setbacks, an 800-square foot max and a 16-foot height limit.
Cities may not require correction of physical nonconforming zoning conditions for an ADU or junior ADU.
Multiple ADUs and Multifamily
Cities must now allow both a junior ADU and either a converted ADU or a detached building-permit-only ADU on the same lot.
A city must now allow junior ADUs even if the city doesn’t have an ADU ordinance, in which case it may only impose the few standards in state law.
Cities must now allow multiple converted ADUs on lots with a multifamily dwelling.
Cities must now allow up to two detached ADUs on lots with a multifamily dwelling, subject only to a 16-foot height limit and 4-foot setback.
More Limited Fees
Utility providers are now more limited in whether and how they can charge connection fees and capacity charges.
Impact fees are prohibited for ADUs smaller than 750 square feet. They’re allowed for large ADUs, but only proportional to the primary dwelling.
No Owner-occupancy
All ADUs are exempt from owner-occupancy requirements until Jan. 1, 2025. Cities may then impose occupancy requirements, but only to ADUs created after that date.
No Short-term
Cities may no longer allow short-term rentals of ADUs.
Heavier Consequences for Cities
Now, a local ADU ordinance is null and void if it does not fully comply with whatever the current state law requires — not just with the 2017 amendments (which was previously the case). So cities will have to proactively conform their ordinances before changes in state law take effect or continually risk voiding their entire local ordinance.
Cities are more accountable now to the California Department of Housing Community Development for confirming their local ordinances to the state ADU law, and HCD may refer a violation to the Attorney General.
So there you have it. These bills make building an ADU easier, but that's not to say it's easy! ;)
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