Tag Archives: Accessory Dwelling Unit

SB-677 (Wiener) Housing development: streamlined approvals.

Would make void and unenforceable any provision of a governing document that effectively prohibits or unreasonably restricts the construction of a housing development or urban lot split on a lot zoned for single-family residential use.

Current Status: Pending

FindHOALaw Quick Summary:

The Planning and Zoning Law requires a proposed housing development containing no more than 2 residential units within a single-family residential zone to be considered ministerially, without discretionary review or hearing, if the proposed housing development meets certain requirements.

This bill would amend Government Code Section 65852.21 to require ministerial approval for proposed housing developments containing no more than 2 residential units on any lot hosting a single-family home or zoned for 4 or fewer residential units, notwithstanding any covenant, condition, or restriction imposed by a common interest development association.

The Davis-Stirling Common Interest Development Act governs the management and operation of common interest developments. It makes void and unenforceable 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 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 above-described requirements established for those units.

This bill would amend Civil Code Section 4751 to additionally apply the above-described provisions to housing developments and urban lot splits receiving ministerial approval.

View more info on SB 677
from the California Legislature's website

SB-1211 (Skinner) Land use: accessory dwelling units: ministerial approval.

Would prohibit a local agency from requiring replacement parking spaces when a carport, covered parking structure, or uncovered parking space is demolished or converted into an ADU. Would also allow for multiple ADUs on a lot that has an existing or proposed multi-family dwelling.

Current Status: Chaptered

FindHOALaw Quick Summary:

Existing law requires ministerial approval of accessory dwelling units (“ADUs”) if the local agency does not adopt an ordinance governing ADUs. Under existing law, a local agency is also required to ministerially approve an application for a building permit within a residential or mixed-use zone to create any of specified variations of ADUs. Existing law imposes various requirements and restrictions on a local agency in connection with the ministerial approval of an application for a building permit for an ADU under these specified variations. One of these variations requires a local agency to ministerially approve not more than 2 ADUs that are located on a lot that has an existing or proposed multifamily dwelling, but are detached from that dwelling, and are subject to a height limitation and rear yard and side setbacks.

This bill would amend Government Code 66323 to authorize, under that variation, up to 8 detached ADUs to be created on a lot within an existing multifamily dwelling, provided that the number of ADUs does not exceed the number of existing units on the lot, and up to 2 detached ADUs on a lot with a proposed multifamily dwelling.

Existing law prohibits a local agency from requiring replacement of offstreet parking spaces if a garage, carport, or covered parking structure is demolished in conjunction with the construction of, or is converted to, an ADU.

This bill would amend Government Code 66314 to additionally prohibit a local agency from requiring the replacement of offstreet parking spaces if an uncovered parking space is demolished in conjunction with the construction of, or conversion to, an ADU.

**AB 1211 was signed by the Governor on September 19, 2024 and takes effect January 1, 2025.

View more info on AB 1211
from the California Legislature's website

Sale of Accessory Dwelling Units (ADUs)

Sale of ADUs as Condominiums
Government Code Section 65852.2 allows for a local agency to adopt an ordinance allowing for the separate sale of accessory dwelling units (ADUs) and the primary dwelling on the property as condominiums. Such an ordinance must contain the following requirements (among others):

Created pursuant to the Davis Stirling Act. The condominiums must be created pursuant to the Davis-Stirling Common Interest Development Act, the body of Civil Code sections governing the creation and operation of homeowners associations. This requires the separate interests to have an interest in common area, a recorded declaration (CC&Rs), a recorded condominium plan, and a recorded final map or parcel map (if required under the Subdivision Map Act). (Gov. Code § 65852.2(a)(10)(A); Civ. Code § 4200.)
Created in Conformance with Subdivision Map Act & Local Ordinances. The condominiums must be created in conformance with all applicable objective requirements of the Subdivision Map Act and all objective requirements of a local subdivision ordinance. (Gov. Code § 65852.2(a)(10)(B).)
Safety Inspection & Certification. Before recordation of the condominium plan, a safety inspection of the ADU must be conducted and evidenced either through a certificate of occupancy or a certified housing quality standards report. (Gov. Code § 65852.2(a)(10)(C).)
Lienholder Consent. Neither a subdivision map nor a condominium plan may be recorded (or subsequently modified) without the consent of each lienholder of the property. Written evidence of each lienholder must be included on the condominium plan or attached to the condominium plan and recorded together with the condominium plan. (Gov. Code § 65852.2(a)(10)(D).)
Authorization of Existing HOA. If the property is within an existing planned development that has an existing homeowners association, the owner may not record a condominium plan without written approval by the association’s board of directors in a board meeting, and (if required by the association’s governing documents), approval by the association’s membership. (Gov. Code § 65852.2(a)(10)(G).)

Sale of ADUs as Low Income Housing
Qualified nonprofit corporations have the right to sell ADUs separately from the private residence on a property, subject to several requirements which include, among others, that the buyer of the ADU be a person or family of low or moderate income. (Gov. Code § 65852.26.)

Government Code Section 65852.26. Sale of Accessory Dwelling Units.

(a) A local agency shall 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 accessory dwelling unit or the primary dwelling 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 that each qualified buyer occupies.

(B) A repurchase option that requires the qualified buyer to first offer the qualified nonprofit corporation to buy the accessory dwelling unit or primary dwelling if the buyer desires to sell or convey the property.

(C) A requirement that the qualified buyer occupy the accessory dwelling unit or primary dwelling as the buyer’s principal residence.

(D) Affordability restrictions on the sale and conveyance of the accessory dwelling unit or primary dwelling that ensure the accessory dwelling unit and primary dwelling 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.

(E) If the tenancy in common agreement is recorded after December 31, 2021, it shall also include all of the following:

(i) Delineation of all areas of the property that are for the exclusive use of a cotenant. Each cotenant shall agree not to claim a right of occupancy to an area delineated for the exclusive use of another cotenant, provided that the latter cotenant’s obligations to each of the other cotenants have been satisfied.

(ii) Delineation of each cotenant’s responsibility for the costs of taxes, insurance, utilities, general maintenance and repair, improvements, and any other costs, obligations, or liabilities associated with the property. This delineation shall only be binding on the parties to the agreement, and shall not supersede or obviate the liability, whether joint and several or otherwise, of the parties for any cost, obligation, or liability associated with the property where such liability is otherwise established by law or by agreement with a third party.

(iii) Procedures for dispute resolution among the parties before resorting to legal action.

(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.

(6) Nothing in this subdivision limits the ability of an accessory dwelling unit to be sold or otherwise conveyed separate from the primary residence as a condominium pursuant to an ordinance adopted under Section 65852.2.

(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.

SB-477 (Committee on Housing) Accessory Dwelling Units

Would reorganize the various statutes relating to Accessory Dwelling Units into one chapter of the Government Code.

Current Status: Chaptered

FindHOALaw Quick Summary:

Existing law provides for the creation by local ordinance, or by ministerial approval if a local agency has not adopted an ordinance, of accessory dwelling units to allow single-family or multifamily dwelling residential use. Existing law also provides for the creation of junior accessory dwelling units by local ordinance, or, if a local agency has not adopted an ordinance, by ministerial approval.

This bill would make nonsubstantive changes and reorganize various provisions relating to the creation and regulation of accessory dwelling units and junior accessory dwelling units into Government Code Sections 66310-66341 and would make related nonsubstantive conforming changes.

This bill would declare that it is to take effect immediately as an urgency statute.

View more info on SB 477
from the California Legislature's website

AB-1033 (Ting) Accessory dwelling units: local ordinances: separate sale or conveyance

Would allow ADUs to be sold separately from the primary residence.

Current Status: Chaptered

FindHOALaw Quick Summary:

The Planning and Zoning Law authorizes a local agency, by ordinance or ministerial approval, to provide for the creation of accessory dwelling units in areas zoned for residential use. Existing law prohibits the accessory dwelling unit from being sold or otherwise conveyed separate from the primary residence.

This bill would amend Government Code Section 65852.2 provide that an accessory dwelling unit may be sold or otherwise conveyed separate from the primary residence as provided by specified law or by ordinance.

**AB 1033 was signed by the Governor on October 11, 2023 and takes effect January 1, 2024.

View more info on AB 1033
from the California Legislature's website

AB-976 (Ting) Accessory dwelling units: owner-occupancy requirements.

Would eliminate an owner-occupancy requirement on any accessory dwelling unit.

Current Status: Chaptered

FindHOALaw Quick Summary:

The Planning and Zoning Law provides for the creation of accessory dwelling units by local ordinance, or, if a local agency has not adopted an ordinance, by ministerial approval. Existing law requires a local ordinance to require an accessory dwelling unit to be either attached to, or located within, the proposed or existing primary dwelling, or detached from the proposed or existing primary dwelling and located on the same lot as the proposed or existing primary dwelling.

Existing law, beginning January 1, 2025, authorizes a local agency to impose an owner-occupancy requirement on an accessory dwelling unit, provided that the accessory dwelling unit was not permitted between January 1, 2020, and January 1, 2025.

This bill would amend Government Code Section 65852.2 This bill would instead prohibit a local agency from imposing an owner-occupancy requirement on any accessory dwelling unit.

** **AB 976 was signed in to law on October 11, 2023 and takes effect January 1, 2024.

View more info on AB 976
from the California Legislature's website

AB-2430 Tiny homes.

Would expand the definition of an accessory dwelling unit to include a tiny home on wheels.

Current Status: Dead

FindHOALaw Quick Summary:

The Planning and Zoning Law contains various provisions addressing housing in California, including providing for the creation by local ordinance or ministerial approval of accessory dwelling units, as defined. Existing law requires an ordinance under these provisions to impose standards on accessory dwelling units and require that accessory dwelling units comply with specified requirements. Existing law requires a permit application for an accessory dwelling unit or a junior accessory dwelling unit be considered and approved ministerially without discretionary review or hearing, as provided. If a local agency has not adopted an ordinance governing accessory dwelling unit creation, existing law requires the local agency to approve or disapprove the application ministerially without discretionary review. Existing law imposes specified limitations on fees charged for the construction of an accessory dwelling unit.

This bill would amend Government Code 65852.2 to expand the above-described provisions to additionally provide for the creation of a movable tiny home, in the same manner as an accessory dwelling unit. The bill would define the term “movable tiny home” to mean a separate, independent dwelling unit that meets certain criteria, including that it is no larger than 400 square feet and provides, among other things, living facilities for a household, including permanent provisions for living, sleeping, eating, cooking, and sanitation. The bill would also require that a movable tiny home under these provisions possess certification of compliance with specified standards of the American National Standards Institute.

View more info on AB 2430
from the California Legislature's website

AB-2221 Accessory dwelling units.

Would remove limits on front setbacks and make it easier to install accessory dwelling units in community associations.

Current Status: Chaptered

FindHOALaw Quick Summary:

The Planning and Zoning Law, among other things, provides for the creation of accessory dwelling units by local ordinance, or, if a local agency has not adopted an ordinance, by ministerial approval, in accordance with specified standards and conditions. Existing law requires a local ordinance to require an accessory dwelling unit to be either attached to, or located within, the proposed or existing primary dwelling, as specified, or detached from the proposed or existing primary dwelling and located on the same lot as the proposed or existing primary dwelling.

This bill would specify that an accessory dwelling unit that is detached from the proposed or existing primary dwelling may include a detached garage.

Existing law authorizes a local agency to establish minimum and maximum unit size requirements for attached and detached accessory dwelling units, subject to certain exceptions, including that a local agency is prohibited from establishing limits on lot coverage, floor area ratio, open space, and minimum lot size, that do not permit the construction of at least an 800 square foot accessory dwelling unit.

This bill would amend Government Code Section 65852.2 to additionally prohibit a local agency from establishing limits on front setbacks.

This bill would incorporate additional changes to Section 65852.2 of the Government Code proposed by SB 897 to be operative only if this bill and SB 897 are enacted and this bill is enacted last.

**AB 1410 was signed in to law September 28, 2022 and takes effect January 1, 2023.

View more info on AB 2221
from the California Legislature's website

SB-897 (Wieckowski) Accessory dwelling units: junior accessory dwelling units.

Would make it easier for owners to build accessory dwelling units and junior accessory dwelling units within multifamily dwellings.

Current Status: Chaptered

FindHOALaw Quick Summary:

The Planning and Zoning Law authorizes a local agency, by ordinance or ministerial approval, to provide for the creation of accessory dwelling units (“ADU”) in areas zoned for residential use, as specified. Existing law provides that an ADU may either be an attached or detached residential dwelling unit, and prescribes the minimum and maximum unit size requirements, height limitations, and setback requirements that a local agency may establish, including a 16-foot height limitation and a 4-foot side and rear setback requirement.

This bill would amend Government Code Section 65852.2 to increase the maximum height limitation that may be imposed by a local agency on an ADU to 25 feet.

Existing law requires an ordinance that provides for the creation of an ADU to require ADUs to comply with local building code requirements that apply to detached dwellings, as appropriate. Existing law also prohibits an ordinance from requiring an ADU to provide fire sprinklers if they are not required for the primary residence.

This bill would amend Government Code 65852.2 to provide that the construction of an ADU does not constitute an occupancy change under the local building code. The bill would also prohibit the construction of an ADU from triggering a requirement that fire sprinklers be installed in the proposed or existing primary dwelling.

Existing law provides that a local agency shall ministerially approve an application for a building permit within a residential or mixed-use zone to create not more than 2 ADUs 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 limitation of 16 feet and a 4-foot side and rear setback requirement.

This bill would amend Government Code 65852.2 to change the height limitation applicable to an ADU subject to ministerial approval to 25 feet. If the existing multifamily dwelling exceeds a height of 25 feet or has a rear or side setback of less than 4 feet, this bill would prohibit a local agency from requiring any modification to the existing multifamily dwelling to satisfy these requirements. The bill would prohibit a local agency from rejecting an application for an ADU because the existing multifamily dwelling exceeds a height of 25 feet or has a rear or side setback of less than 4 feet.

Existing law, until January 1, 2025, prohibits a local agency from imposing an owner-occupant requirement on a proposed ADU on a lot that includes a proposed or existing single-family dwelling.

This bill would amend Government Code 65852.2 to delete the expiration date of this provision.

(2) Existing law also provides for the creation of junior accessory dwelling units (“JADU”) by local ordinance, or, if a local agency has not adopted an ordinance, by ministerial approval, in accordance with specified standards and conditions. Existing law requires an ordinance that provides for the creation of a JADU to require the unit to be constructed within the walls of the proposed or existing single-family residence, require that the unit to include a separate entrance from the main entrance to the proposed or existing single-family residence, and require owner-occupancy in the single-family residence in which the junior accessory dwelling unit is permitted.

This bill would amend Government Code 65852.22 to specify that enclosed uses within the proposed or existing single-family residence, such as attached garages, are considered a part of the proposed or existing single-family residence. The bill would require a JADU that does not include separate sanitation facilities to include a separate entrance from the main entrance to the structure, with an interior entry to the main living area.

(3) Existing law requires a local agency, in enforcing building standards applicable to ADUs, to delay enforcement for up to 5 years upon the owner submitting an application requesting the delay on the basis that correcting the violation is not necessary to protect health and safety.

This bill would add Government Code 65852.23 to prohibit a local agency from denying a permit for a constructed, but unpermitted, ADU because the unit is in violation of building standards or state or local standards applicable to ADUs, unless the local agency makes a finding that correcting the violation is necessary to protect the health and safety of the public or occupants of the structure

(4) Existing law requires the Department of Housing and Community Development to administer various programs intended to promote the development of housing, including the Multifamily Housing Program, pursuant to which the department provides financial assistance in the form of deferred payment loans to pay for the eligible costs of development for specified activities.

This bill would add Government Code 50678 to require the department to establish and administer a grant program for the purpose of funding the construction and maintenance of ADUs and JADUs. The bill would create the California Accessory Dwelling Unit Fund and, upon appropriation by the Legislature, require the department to distribute moneys in the fund to eligible recipients.

**SB 897 was signed in to law September 28, 2022 and takes effect January 1, 2023.

View more info on SB 897
from the California Legislature's website

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Tag Archives: Accessory Dwelling Unit

SB-677 (Wiener) Housing development: streamlined approvals.

Current Status: Pending

FindHOALaw Quick Summary:

Related Links

SB-1211 (Skinner) Land use: accessory dwelling units: ministerial approval.

Current Status: Chaptered

FindHOALaw Quick Summary:

Related Links

Sale of Accessory Dwelling Units (ADUs)

Government Code Section 65852.26. Sale of Accessory Dwelling Units.

SB-477 (Committee on Housing) Accessory Dwelling Units

Current Status: Chaptered

FindHOALaw Quick Summary:

Related Links

AB-1033 (Ting) Accessory dwelling units: local ordinances: separate sale or conveyance

Current Status: Chaptered

FindHOALaw Quick Summary:

Related Links

AB-976 (Ting) Accessory dwelling units: owner-occupancy requirements.

Current Status: Chaptered

FindHOALaw Quick Summary:

Related Links

AB-2430 Tiny homes.

Current Status: Dead

FindHOALaw Quick Summary:

Related Links

AB-2221 Accessory dwelling units.

Current Status: Chaptered

FindHOALaw Quick Summary:

Related Links

SB-897 (Wieckowski) Accessory dwelling units: junior accessory dwelling units.

Current Status: Chaptered

FindHOALaw Quick Summary:

Related Links