BIG Changes in California ADU Laws
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- เผยแพร่เมื่อ 27 ก.ย. 2022
- 2 story ADUs, new state finance programs, no more front setbacks, and over a dozen other rule changes that make California ADU law better than ever in 2023.
If you want to start your ADU project and take full advantage of these new rules in 2023, you can get a free estimate from this month's sponsor, Realm Home: bit.ly/realm-928
⬆️ Start this now so you're ready to rock in January 2023 ⬆️
Text of the 3 bills:
SB 897 leginfo.legislature.ca.gov/fa...
AB 2221 leginfo.legislature.ca.gov/fa...
AB 916 www.leginfo.legislature.ca.go...
My Blog Post explaining some of this written out with more detailed language from the laws: www.how-to-adu.com/adu-articl...
Here's a laundry list of what we talk about in the video. I haven't time stamped it yet but if somebody else puts the time stamps in the comments I will paste it in here ASAP.
AB 2221:
Detached ADU can include a detached garage
You got 60 days
ALL YALL GOT 60 DAYS
And when you deny a permit, you gotta list all the objective reasons why in writing and give a way to remedy those
Front setbacks cannot preclude the construction of a statewide exemption ADU
2 story ADUs
SB 897:
Defining "objective standards" more clearly
Prevents cities/counties from denying a permit due to the correction of non-conforming zoning conditions, building code violations, or unpermitted structures
Local agencies have to issue demolition permits for detached garages to be replaced with ADU
Prohibits requirements to provide written notice or post a placard for the demo of the garage
Construction of ADUs doesn't trigger a "Group R" occupancy change
Construction of ADUs can't trigger the requirement that fire sprinklers be installed in the existing primary dwelling
Broader, simpler "no parking requirements"
When the city says no, they have to say why - full list that can be remedied
JADUs without a bathroom need access to the house - was this something people were doing?
Makes it easier to legalize an unpermitted ADU built before 2018
And some funny order stuff "some parts of this bill only go into effect if AB 2221 passes too"
AB 916
City can't require a public hearing to add a bedroom or two, to an existing dwelling unit
AB 561 - This one died in committee this year, but ended up encouraging some budget changes which I'll go through in a future video.
AB 561 leginfo.legislature.ca.gov/fa...
MORE RESOURCES:
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🏠 More videos about ADU rules: • California ADU Rules -...
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Thanks Ryan for the info. I have a large lot in the city of Cypress and the city was interpreting the height limit to the top of peak as opposed to some jurisdictions that allowed top of the mud plate. Our city planner is very open to new info and she did think they would adopt AB 2221's provision for the additional 2 feet to allow for a pitch. I was just about to submit plans for a 1 story ADU that was going to have some crazy walls. This info has saved me thousands of $.
Love to hear that. It's really typical for cities to measure from grade to the top of the ridge plate or other variations. These new laws should help a lot of people in exactly your situation!!!
Can a homeowner builder get this adu monies. I’ve asked CALHFA In the past and they said you have to hire a licensed contractor to get the grant. Is that still true?
@@tessawoodmansee465 When I wrote to CalHFA, there was no requirement to hire a licensed General Contractor (GC). But at the same time, every approved entity AT THAT TIME was requiring a licensed GC as part of their program. One entity, HPP CARES, which launched after that inquiry, has allowed self-managed projects which look to be owner-builder without a licensed GC. It's notable that even owner builders usually work with licensed contractors (just not necessarily generals).
Thanks for this post! Grateful for TH-cam!
Great video, Ryan. Very informative and I was laughing at the "who is building a unit without a bathroom" part. I especially like the 18ft change, the 60 day clarification, and the 'provide the full list of reasons for denial' change.
Awesome job Ryan! One of the most comprehensive, easy to follow, and fun breakdowns of the new laws I have seen to date. 😊
Thanks for watching - love knowing that people like you who are building a lot of these ADUs are keeping up to date with the best options for homeowners.
I am a house plans designer in Orange County, and your videos have been extremely helpful and informative in navigating the nuances and the roadblocks that jurisdictions have been throwing at me in design of ADU's. Thank you, Ryan!
Happy to hear it! Did you see Orange County is doing some kind of adu incentive program? Was supposed to launch last month.
Thank you for the useful knowledge on the adu topic.
Great summary! Thanks for putting it all together. I know we're def gon a be putting that extra 2 ft to work
Thanks. I love seeing people like you pick up this knowledge because I KNOW you're going to make the most of it ;)
Go build some homes!
This was so helpful thank you so much
THANK YOU SO MUCH FOR THIS INFO!!
I love that you are going to ask the legislators about their intent! 🤩🤩🤩
Thanks, Ryan. I'm waiting for 2 storied ADUs in my city!
See you in January :)
Thanks for taking the time to do this.
Great, really informative video! Thank you!
Glad it’s helpful. Thanks for wstching
Very informative! Thank you,
Front setbacks, if we go 4 feet away from the sidewalk while keeping the ADU under 800’.
Are we in compliance?
got it. thx so much. ur vids are very very helpful. Cheers
Glad it helped!
The city of West Covina, has now changed the planning code. If one has a converted garage, they will not allow an addition over 300 sq.ft unless a 2-car garage is built. They also require a min 20x20 interior area of an existing garage if you want to build an ADU or a JADU.
Thank you so much for the info.
Thanks for watching!
Thank you for updating us
Great video. Just subscribed. I am curious about laws regarding green house dome. I plan on building an unattached adu ( less than 800 square feet,) inside a 29 ft high dome/greenhouse. Allegedly, no permit required for greenhouse. If you make a video in the future, I would love for u to cover the weird and wonky ideas, such as mine. Thank u for the content. Wishing u health and prosperity ❤🎉
wow, that would be cool. So my understanding is that if I build an unpermitted greenhouse in California, it is exceedingly unlikely that it will be considered as a permanent dwelling.
Ultimately, the local planning and building departments will tell you what you are allowed to do and whether its up to code for the use you have in mind! Not legal advice :)
Wow your really good. .You explain things to where I could understand.
Wish you had information for my State W.V.
Senior Citizen could use the extra income..🌷
Hi, can you explain about the SB-8 no net loss declaration. thank you
I'm working with a client in the City of Yorba Linda. Last year they denied our attached ADU because they claimed the sf of the attached ADU should be considered an "addition" which triggers the Fire Sprinkler requirment. I'd love to know how this law regarding fire sprinklers might effect this case. It seems they ought to be unable to make this requirement but then again I argued the sf of an "addition" is all together, functunilly and legally, different than the sf of an ADU and as such shouldn't trigger it anyway... they disagreed and "aint noby got time for that" so they killed the project. Love the channel and thanks for all you do!
Excellent summaries. Only thing, AB 2221 (Chapter 650) got chaptered out, so SB 897 (Chapter 664) controls.
Also...I was laughing out out at 11:48. 😅
Thanks for explaining that - the legislative process still baffles me!!!
Thank you Ryan!
Your videos are super helpful for navigating the ADU process. Is there anywhere you know of to join a waitlist to hear more about Help Homeowners Add New Housing once it's created? Thank you!
I’ll do a Followup on that but the actual bill (561) died in committee. But they made some recommended budget changes like extra funding -$50M will likely go to the ADU grant
@@HowToADU Thank you!
Hello, Can I add a two unit ADU on top of and at the rear of my current garage? In essence I want to add a studio or 1 bedroom on the 1st floor and a 2bd on the 2nd story while leaving my current garage in tact.
Wow! Thank you ryan
Could you please ask your invited guest when JADUs in attached garages will drop the owner occupancy requirement? This was left off the final bill SB 897.
This is a GREAT question for Louis Mirante who will be at the webinar.
I don’t know what I’d do without your videos (read *and* understand the laws?! Yeah right!)
We are in SF and have a 700sqf detached garage at the rear of our lot that has basically zero setback on all three sides. We would like to build an ADU on top. How do we determine the approximate building envelope allowed?
SF is complicated. There is a pre application meeting you can get that is helpful for complicated projects. Otherwise check this out: sf.gov/topics/accessory-dwelling-unit-adu
One of the things that comes up a lot in SF is the ADU needs to be accessible without going through the front house or a garage. This is a red flag issue I’d you can’t do it around the side.
Otherwise, I expect that most can convert the existing structure exactly as is - and bump it out to add to the envelope (but the additions need to be set back 4 feet and conforming). Talk to your planning department for real advice - this is just general info.
If you get overwhelmed call me www.how-to-adu.com/get-started-booking
Can one have a storage room not heated or not
Would that count in lot coverage?
Or a square feet added in the ADU size ?
I’m working on building 1000sf 2 bedrooms 2 bathrooms
But like to have an extra room for storage to keep all my stuff tools and other stuff thanks for helping
Hi Ryan, I have a 2500 sq/ft mix use lot in san bruno about 10 mins walk to train station. Do any of these changes will allow me to build a residential or mix use property without parking requirements?
If we simply insulate and put up paneling in our garage do we need a pertmit?
"ALL y'all have 60 days." I love it! 😄
The senate should let me write a version of the floor analysis, right?
My city is limiting us to 16 ft to build over the garage. Thank you for the info.
When it’s an attached garage, cities often see the new code and change policy. For detached, some still resist
It’s a detached garage. Our architect is asking for an exception when submitting plans to the city. There are several 2 story houses around our single house so we’re trying to hopeful. We have no other real options to put an ADU. 🤞
Thanks!
My pleasure. Thanks for the superthanks!
Great video, Ryan, thanks.
Do you know if the Coastal Commission processing (CDP, waiver, or exemption) also falls under the " Y'all got 60 days" rule?
I'm not sure how this will work out. The amended definition of permitting agency is "any entity that is involved in the review of a permit for an accessory dwelling unit or junior accessory dwelling unit and for which there is no substitute, including, but not limited to, applicable planning departments, building departments, utilities, and special districts." But the statute still also has a carve out for the CC "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."
@@HowToADU Thanks, Ryan. We're gonna have to wait until January 1 to see how they're going to play.
Regarding AB 916, does that trigger a property tax reassessment?
Really enjoy your commentary. Seeing if you have run across this one. We have a property that has a dethatched garage the crosses over a dashed assessor line or what was originally deeded property prior to the map act. The title report and assessor information is very clear on who owns the property, but the City (whom will remain nameless) wants a formal survey that sounds a lot like an ALTA survey to show all features and easements, to pay them $3700 to review and $600 to prepare a lot merger, perfecting deeds, letter from borrower it is ok, and pass around to everyone to review for their conditions! The property does not have curb and gutter or street lights... etc.. Also, there appears to be setback issues from the nonconforming uses that were added over many years. We have prepared a site plan and want to set down with them to argue the point. We have a JrADU in the main house and want to do a garage ADU that are at risk of approval. Thanks!
Unfortunately I have seen a lot of stories like this. If you are converting an existing building into an ADU, and they refuse to give you a permit until you complete the work you described, I think that you would want to share that refusal with the HCD along with documentation of what is going on. calhcd.service-now.com/csp?id=csm_sc_cat_item_public&sys_id=19d0846297794910edea398c1253af2a When you're filling it out, let the HCD know if they are allowed to use your specific case when speaking with the local agency, and include contact information for the specific people you have been working with.
I have a 2 story house in Encinitas (n. San Diego) by the beach that I'd like to tear down the one car attached garage and build up a 2 story adu to match the house. Can I do that? Also, would the setback be the existing 10 feet from the neighbors fence or can I go 4 feet from the fence with a 2 story? Thank you!!!!!!!!!!!!!!!!!!!
Any further update on front setbacks? I live in Rancho Cucamonga and have a huge front yard and cited AB 2221 to the city in my initial meeting with the planner. The city took some time but came back with the interpretation that if I could fit the ADU in my backyard, which I could, then the city won’t allow the front yard ADU. Do you know of more resources or other cities that have interpreted this differently? Has there been any court cases interpreting this issue?
This is an interesting case. Have you expressed to the city that you cannot afford to put an ADU in the back or some other practical thing preventing you from completing the project? In any case, you should ask the HCD for technical assistance and see their position. I can’t give specific advice for your project. Other cities do interpret this differently.
My property is at R-15 zone. A 2nd until was permitted in the 80s. At first they first they said my property is “multiple buildings” and can have a ADU. Now they changed their mind and said i can cause the 2nd unit is the same as an ADU. Any thoughts? Do you think new laws will allow 2 ADUs on one lot regardless the type of zoning?
No public hearing means no ARB, PC or CC hearings. Planning Director/Administrator level approval only...
Thank you so much! So very similar to ministerial?
City of Anaheim denied me 2 story adu because my house is a single story.
So your saying now they have to let me since I live 0.4
Miles from major transit ?? I just submitted for a 1 story
Adu but will scrap if I can build two story.
So just double checking. City cannot deny me now? Right?
🙏🏼🙏🏼 thank you for your videos.
I need a lot more detail before I can tell you about your specific project. Broadly speaking though, properties that are .4 miles walking distance from this very specific definition of major transit, will have a maximum height of 18 feet instead of 16 starting on January 1st. I strongly recommend sharing the law (and this video) with your city planner and architect and figuring out what's possible before scrapping what you've already got worked up. But lots of people will benefit from adjusting the plans after Jan 1 :)
@@HowToADU thank you so much. I called yesterday and they had no idea about these laws🤣glad to bring them to light. They told me call back in 3 weeks. Thank you for your hard work!!
@@roseannsanchez7881 hehe, yeah, I like to stay ahead of the curve ;D
curious how this ended up!
@@roseannsanchez7881 did you get an update?
Great content Ryan. I have a question that I am sure you have answered somewhere. Here goes. I want to build a detached ADU on a parcel with house built in 1954 with large lot. Will the ADU be required to have sprinklers and solar?
Thanks,
Shawn
Complicated, always. Broadly speaking if the main house doesn't have sprinklers then the ADU doesn't need sprinklers. Having said that, there are lots of situations where a local agency like fire department will come in and say you can't build at all because of fire safety BUT they'll make an exception if you install sprinklers in the ADU. So it's hard for me to answer virtually like this. Need to look at a real address in a real city and talk to the real planning/building/fire people.
Great video, Ryan. Question about that front setback.. does that mean an ADU can be built at the front of the property? For some reason I thought it had to be behind the main home? Have I had it wrong or did something change? Thanks!
Thanks for watching - your channel is slick too :)
Broadly speaking, nothing in the California state rules says ADUs have to be behind the house. Even in the current/old rules.
But some jurisdictions have design restrictions that prevent people from putting ADUs in their front yard (like front setbacks). These will still exist after January 1, 2023. But front setbacks specifically won't be enforceable if the ADU meets some other requirements, mainly that it's under 800 sq ft and within the proper height and side setback limits.
There are also some jurisdictions that say "you can't put the ADU in front of the house" and it is an open question whether this will conflict with the HCD's interpretation of the state rules around front setbacks. At least from my reading - but I'm just a dude on TH-cam.
Lastly, it's worth mentioning that some jurisdictions incentivize building in the back. And that's still A okay too. So for example, in Sacramento, if you build way back from the road, you can build much closer to the side and rear lot line. That's a really sweet incentive to build in the back even though you may be technically able to build in the front.
Hope that helps.
@@HowToADU Thanks! And thanks for the additional information. I have a strange little spot at the front of my yard I've always thought would be perfect for a small ADU. Maybe now I can look into making it happen with less pushback.
Hi Ryan, thanks for all your content. I am building 2 detached stacked ADU's in Oakland in the back of a 2 story 4-plex that is 20' heigh. Do you know if I can go to 20' for the stacked ADU if I submit in 2023? I think I can because the primary structure is 20' and or/because Ab2221 provides 2 more feet above 18' to accomodate for the roof. What would your thoughts be on this situation? Thank you!
Btw, Freddie Max will not back a 4-plex with an ADU loan.
I would be interested in learning more about t916. Like your friend - I have 3100 sq foot house that was used as an office for the last 20 years. I have converted it back to residential, have 6 bedrooms, but technically, none of them are bedrooms as it is listed as "office space". Can I use 916 to get it re-zoned?
You could potentially use 916 to convert rooms into up to 2 bedrooms without a public hearing. You should call the planning department though and see if they have other paths to getting this done. You might be surprised at how easy the process is to get all 6 rooms up to code as bedrooms on your listing. And then 916 is your backup plan.
Thanks Ryan! You have provided an excellent details on removing some of the most common thorns from invisible gray areas when it comes to ADUs. One thing I still can't hold a grasp is if my location permits for 18' high and I plan to build two story ADU, assuming I am planning to build 1000 sq ft that fits the required distance from back fence and my primary house, can I build second floor on top of 1000 sq fit ground floor with the same area? Or it must be 500 sq ft down stair and 500 sq ft up stair? I can't find this requirement anywhere. Thank you!
Thanks for watching. It depends on local planning department and local regulations. For example your local zoning might limit your ADU to 1000 sq ft habitable living space (so total over the living space of both floors). It might also limit you to a certain floor area ratio which combines the floors and includes unconditioned space. It might also have lot coverage limits which often do NOT count the sq footage of both floors but just the lot footprint. The details depend on your specific situation and a good architect will help. The local planners can answer these questions too
@@HowToADU Thank you for the idea.
Can u give some insight and advice for those of us that are going with the owner builder permit route …. I’m trying to convert my garage into a ADU for my mother
Sure thing - invest in your education!
Did this video with Derek about owner-builder costs: th-cam.com/video/h-gOC-jJ2ag/w-d-xo.html
This is his channel: th-cam.com/users/ThatADUGuy
And Joseph Peretz is doing a whole online class specifically for owner builders: th-cam.com/video/DcF2s_5zL1c/w-d-xo.html
This is his channel: th-cam.com/users/JosephPeretz
I have a single story SFH with a detached 512sqft garage that's 10 feet away in the front lot. What are my options? Can I do JADU and ADU and or garage conversion or pump the house to create the 10ft addition to attach the garage with the house?
Fun! You have tons of options. It’s better to start with what you want to accomplish and then narrow in on the most effective ways to achieve that.
Good candidate for a call: www.how-to-adu.com/get-started-booking
Thanks for everything you do I’m just a college student but my goal is to one day buy a house and build an ADU
Thanks for watching! Staying educated about the market makes it much more likely you'll find an opportunity. It's tough out there but I wish you the best.
897 Has a portion which deals with retroactive permits. My planning department says still have to follow all building codes, etc. When I read the section it seems that they are not allowed to hold you to today's standard unless health and safety hazard. Any thoughts?
I'm not sure what you're saying exactly so I want to be careful. For new construction or to convert an existing structure into an ADU, you do need to follow building codes. The ADU section of the government code has some provisions now that will limit cities that want to require you to bring existing non-conforming structures up to code (that are NOT related to the ADU) in order to get the ADU permit. This is not legal advice for your specific situation.
Hello Ryan and appreciate the chance to ask a question. I thought there was an additional benefit to 2221 and it focused on front setbacks. I had heard they were allowing you to build closer to the street as long as it was attached to original building. Is there anything new with front yard setbacks?
Thanks for watching. Yeah, front setbacks have been explicitly added to the government code as one of the rules local agencies should not enforce if the ADU meets the requirements of a statewide exemption ADU. Having said that, I see cities taking a variety of creative stances on this so you may need to contact the local planners and HCD and work with them to get where you're going. To my knowledge, this is not generally related to whether the ADU is attached or not, but there may be specific situations where attaching to the existing structure gets you different setback requirements.
From what I understood, I can build an attached 2-story ADU in my backyard in Alameda county - Fremont now. Please correct me if I'm wrong!
I wish it were easier to answer online. But just to prove that I'm not being coy, I looked up Fremont's zoning code. And there's a place called Glenmoor Gardens that appears to only allow single story residential. So if for example you have a property in Glenmoor Gardens, then no you cannot build a 2 story attached ADU. There are a dozen other exceptions I could imagine so it's impossible for me to answer broad questions like this!
But most of Fremont allows 2 story primaries in the underlying zoning code. So most of the lots in Fremont with a house on them, can now build 2 story attached ADUs as long as they respect the 4 foot side and rear yard setback and other ADU rules.
1) You are my ADU god :)
2) Probably no surprise: LA City, LA County & CA state have conflicting guidelines about all sorts of stuff. (Including max height for a 2-story ADU.)
3) Thoughts? Would u recommend my hiring an ADU expert -- a lawyer? -- who legit knows all the ins-and-outs?
4) I'm now gonna watch your vid: 2 Story ADU Q&A
Much appreciated, Eric
Oh, wait... are U that expert? What's your website? Thx
Haha. Thanks. There are a lot of different directions you can go in. Some people say start with architect or experienced design builder. Others start with financing. I like to start with planning/HCD to figure out the various ways to accomplish your goals.
You might dig our private community community.how-to-adu.com/how-to-adu
You have incredibly informative videos. Thank you! Question... I have a detached 2-car garage that the outside wall is actually my neighbors fence so literally on the property line. I want to convert it to an ADU, but still retain a small portion of it for my own storage. My preference is to keep the yard side as my storage and the neighbors side as the ADU because that side also has a large patio area adjacent to it, etc. Can I? I am concerned about that 4' distance that is needed.
You should talk to your local planning department. Having said that, cities generally can't enforce setback rules if a homeowner is converting an existing structure. There's more information about this in the HCD's ADU handbook
@@HowToADU Thanks for such a quick reply! I've downloaded the handbook and am binge watching your videos. :) I'm concerned I'm at the tail end of the grant funds and they're going to be gone before I get my ducks in a row. I heard Katherine say re: application process that there is a place to submit the plans. Are plans required before applying for the grant?
@@orvickkelly That's a tough one for me to answer because the program requirements vary by entity and they keep changing their processes. Your best bet is to communicate directly with HPP CARES or CCEDA or whichever entity you're using to qualify for the grant. Fingers crossed for you!
Hi Ryan, I have a question. So, from what I have been able to research with the City of Livermore, they will allow an ADU in my parent's back yard of their two-story home. The city requires a 4' set back from all property lines, and since they are in a mass transit corridor, they said the height limit is 18'. So, I have two questions, first I thought I heard in one of your videos that with the 18' height limit their maybe an additional 2' for the roof, is this correct? Also, is the setback of 4' on the footing only? As I was wondering if I kept the setback on the foundation footing, could I add a pop out on the second floor to add more footage, or do I have to stay within 4' the entire height of the structure?
Thanks for the good questions. You should check with the planners about the height limits for that specific project! In general, if you're within the high quality transit corridor the state code says "(ii) A height of 18 feet for a detached accessory dwelling unit on a lot with an existing or proposed single family or multifamily dwelling unit that is within one-half of one mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code. A local agency shall also allow an additional two feet in height to accommodate a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the primary dwelling unit." But there are lots of different regulations that can overlap so always work with the local agency about the specific situation you're in. For setbacks, this is another question to speak with the local planners about. It's very common for exterior structures without footings like stairs or awnings to be included in various setback calculations. It's also very common for the city to have stricter setback requirements on second floors than on ground floors. This is not legal advice for your specific situation - general information only.
Hi Ryan, you are a life saver...so much so that I subscribed to your channel because there is so much I need to learn from you! I have a question regarding the new laws with respect to 3-D printed models. Do you know if the new State laws supersede municipal laws on 3-D printed (or any other model that is delivered fully assembled)? I live in Poway, CA and our county just LOVES to use the word "no". Can you direct me to any of your videos that might specifically address this issue? Thank you very much!
Thanks for watching and subscribing!
I can't give specific advice for your project. Broadly speaking, ADUs have to be built up to code to be habitable and your local building department is going to do inspections to make sure that a project meets code requirements. Unconventional construction methods can often complicate that inspection process. 3D Printing companies use a wide range of strategies to meet code compliance - some like Mighty Buildings were actually 3D printing around conventional steel frame structures with insulation. Other companies that are 3D printing with cement/aggregate are meeting normal code requirements and the method of delivery being a 3D printer nozzle is sort of irrelevant. If I were trying to find an answer, I'd pick a specific company and ask them what construction documents I can use to show my local planning and building department that I will be up to code. And then I'd start the conversation with the locals, armed with those documents to answer questions.
@@HowToADU You are the best! Thank you!!!!
Ryan, awesome as always! I really want to tell you our story with our permitted ADU OF 490 sq ft and the now almost 2YEAR DRLAY AND DENIAL BY OUR HOA and all the illegal BS happening here in San Elijo Hills of San Marcos CA! Do you think any of the changes are helping limit HOA’s from continuing to deny construction IE (as a “local agency” )!
Oh man. Places that end in "Hill". Don't get me started.
Unfortunately, I think the new law will not broadly change the situation with HOAs. I could see an argument that the HOA has to move faster to approve or deny as a "permitting" agency. But I'm not sure if that's a sound argument or not.
Having said that, there are a lot of things you can already do to push back on HOA denials and find a friendly OR UNFRIENDLY agreement. Most cases that I see delayed this long are delayed because they're not enforcing "objective" standards. Is that the case with you? Book a call with me if it is or join our private community.
@@HowToADU Thanks for your note. Would it be possible to chat? My wife and I are trying to find “the powers that be” in Sacramento who could actually do something about HOAs. To date, we haven’t found anyone who will listen. Thanks.
@@jeffhawkins3465 You can book 1-on-1 calls with the team here: how-to-adu.com/get-started-booking
You might also get a lot out of our private community: community.how-to-adu.com/how-to-adu
I intend to add a 400sqft addition to an existing 540sqft addition built in 2007. The 400 will have a bathroom, washer and dryer hook up, bedroom. The 540 has a kitchen installed when the addition was built. I intend to open up a window to join the new ADU 400 to the 540 to use the kitchen. Ryan will the ADU be considered a 940 total ADU or a 400sqft ADU the new addition. In Moreno Valley anything over 499sqft will have a Impect Fees trying to avoid. I intend to build after I get the OK from the HOA. then will proceed with the rest of the process. Ryan Thank You for all you do👍👍👍
You can propose a 400 sq ft ADU, attached to the existing structure and see what the planning department says. Generally speaking, I'm not surprised when they require a firewall between the attached ADU and the existing structure which would complicate things but still be feasible.
If they come back and say that the 540 sq ft needs to be counted to the ADU for some reason, I always ask them for their reasoning and ask if they can show me the specific city ordinance that they're using for their decision so that I can get all the context and do a good job with my corrections ;)
Hello Ryan. Thank you for all your content. Very helpful. I hit a wall today and I wonder if you have come across this scenario? I went to the City of Elk Grove building department and asked if I could build a 18' high ADU? He asked for my address and said well you are RD5 so in order to go to 18' you will have to have a 15' rear setback. Have you heard of this as being the case? I appreciate any information you can provide. Thank you, John
Thanks for watching John. This is not legal advice for your specific situation. Often times, the planners are looking at underlying zoning code instead of the ADU rules in the government code. Certain sections of the government code around ADUs make that underlying zoning code unenforceable under specific conditions. So it depends on your project.
In past situations, I have read the rules about what buildings are allowed to go up to 18 feet, shown that code to the planners and asked if my property qualifies. If you think you should be permitted and the city is out of bounds, you can talk to the HCD too.
Hi Ryan. In my city, Monterey Park, CA they do not allow a 2 story ADU. Will any of these bills change this restriction? Thanks!
These bills can affect that restriction for four types of properties.
Y0u should do a video on dealing with PG&E for separate meters - it's been a months long process with major aggravation.
Thanks for the suggestion. Do you want to set up a short recorded call with me in January to help me understand the process? Ryan@how-to-adu.com
Hey Ryan. Hi from Los Angeles. According to my state senator's office, The Housing and Community Development Department is sifting thru complaints from both LA City & County re: the new laws. Yes, I'm unable to get HCDD to respond to my question... which is:
My attached ADU plans follow the rules about total square footage & my existing garage's footprint. I'm trying to determine if the SECOND FLOOR of that ADU can extend beyond the existing footprint. (Think of 2 legos; the bottom one's a square, and the top one is a rectangle.) Any thoughts about any state department who'd talk to me? Cheers, Eric
Hi, have you used the HCD form to flag the issue? There's a lot more coaching available in my private community about this. But you can generally work through the form for free on your own here: calhcd.service-now.com/csp?id=csm_sc_cat_item_public&sys_id=19d0846297794910edea398c1253af2a
In general, I have the most success when I propose a plan I think should be allowed based on local and state rules. Then, after being rejected, I talk to the local planners about why. And then, I bring it to the state. I try not to go straight to the state with broad hypothetical questions, without a rejection in hand. Although there are exceptions to that too ;)
916 is very interesting. How will they enforce the building code if they do this? Hopefully they'll provide a properly sized egress window.
Yeah I think another commenter agreed that they can still give ministerial comments about objective requirements. They just can’t require approval or hearing at a planning commission, city hall or other public hearing.
I have a sfr that sits on a lot allows for a duplex. My idea is to build the duplex then adu after. Do any of these changes allow me to do that at the same time? City planner tells me i need to build the duplex first then i could do adu. Do you know of any ways around that?
It’s hard to give specific advice without knowing the lot and seeing the planners response. Broadly speaking multi family and single family both have the ability to permit an adu so the objection makes no sense even with the current code, unless I’m missing something. You should consider joining my private group where I coach people on how to work with the city to get through permitting. howtoadu.podia.com/how-to-adu
Your channel is so informative. I have a question. I have a duplex (2 separate 2 story units) on my property. Can I build (2) 18 ft ADUs?
I forgot to add that I’m in Los Angeles city.
A lot depends on the details. If you have two separate single family dwellings, they may likely limit you to one ADU. But there are other ways to build a second structure sometimes.
@@HowToADU My mistake. It’s a duplex with a shared wall. It’s on a R2 lot.
Very Helpful Video. Thank you! If I build 2 ADUs on top of each other, do you know if they could be 800 square foot each without abiding to any Zoning parameters? Or would it be 800 square feet total for the 2 Adu's (400 each)?
Different cities are calling this one differently. So for example, if you have a multi family dwelling and get to build 2 detached ADUs, and the city has an FAR limit on the lot, some cities are saying you only get the first 800 sq ft of ADU exempted. So 1 800sf ADU, or 2 400sf ADUs (for example). Other cities are interpreting this to mean each detached ADU can have 800sf exempted. Stacked or detached from each other makes no difference in this hypothetical because it's FAR and the second floor also counts towards floor area. But if the limit were open space requirements, stacked could avoid counting the second story square footage against the requirement. Hope that makes sense - this is a hard one to explain in comments.
@@HowToADU Thank you! My particular case is in Oakland. Do you know how they think about that? 2 stacked ADU's in the back of a 4-plex. My zoning who not allow this, so both ADU's would need to be exempt from Zoning parameters compliance in order for it to work out.
@@oliverdavis4835 I'm pretty sure that's where the last case I heard about was. If memory serves, a lawyer from Holland & Knight spoke about it at a public comment for a zoning update commission in 2021. around the time I filmed this: th-cam.com/video/tO9bBNf6w_U/w-d-xo.html
If you dig through the ZUC video from Oakland right after you might find the public comment.
Broadly, if I remember correctly, Oakland was saying first 800 sq ft only. And H&K was gently letting the city know they'd go to court over it.
I can't be sure though - it was a while back. And things can change too. Oakland passed new ordinances since then.
Thanks for the info! Does AB 2221 supersede any CC&Rs prohibiting 2 stories as well?
Ah, showing up with the hard questions. As I say in the video, it's not SUPER clear to me that cities have to allow 18 feet ADUs near mass transit when the underlying zoning code doesn't allow any homes over one story. I mean, that's what the statute seems to say, but I wouldn't want to fight that fight before hearing state guidance in support. Personally.
When it comes to CC&Rs I think it's even tougher. The statute clearly redefines the statewide exemption ADU (under 800 sq ft, 4 ft side and rear setback, under max height - which could be really tall). But I think it's only a matter of time before an HOA brings this to court. Will YOUR HOA bring you to court? Who knows? Ask a lawyer :)
Doing a webinar about this on Wednesday and this would be a fun one to talk about. howtoadu.podia.com/new-adu-laws-in-2023
@@HowToADU Thanks Ryan! Look forward to attending!
Hello my father bought a duplex house in Compton California. And he has built another house in the back and a built in garage but they both have no permits or plans he passed away just shortly a year ago and I just got the news on how he had done. Is it possible for me to get that straightened out with the City without tearing down the house in the back and as well with built house garage ?your Videos are awesome and pretty much helpful
I’m sorry for your loss. Please keep safety in mind if anybody is currently living in those non conforming units.
How the city handles it, really depends on the details. I’ve seen some people get a simple request to bring things up to code and a nominal fee. I’ve seen other people have to tear down structures. Get legal advice from a lawyer. Look up if there’s an amnesty program in the jurisdiction. Talk to local building inspectors on the phone about what the process is typically like.
Thank you!
Question, Is there a minimum lot width and depth on a SB 9 lot split?
I think I answered this somewhere, but just in case... the SB 9 statute doesn't have specific language about minimum lot width and depth. In my eyes, it implies that cities will actually have a hard time enforcing lot width and depth requirements that preclude lot splits. Having said that, some local jurisdictions have implemented lot width and depth requirements, as well as other requirements about flag lots or front and back lot splits. So you really want to figure out what your local agency is doing and what your appetite to fight is.
Ok I have an 730 sq ft 1 bed 1 bath and kitchen illegal converted attic. Would this unit be able to separate utility meter bills?
Thanks for the question Jaime, but we can't give specific advice without a LOT more information. Your planning department is a great place to get information about your specific project.
Please prioritize safety!
Things that will matter a lot:
Is the unit safe?
Is there currently a tenant?
Is the unit up to code and can an inspector see that during a visit?
What is your current metering setup?
Is the unit attached, detached, or the conversion of an existing space?
Good luck finding out everything.
YOU ARE A GENIUS :) my question: I live in LA... but can't locate the city's height limit for an attached ADU. (That's the underlying zoning code, right?) thoughts? E
Yeah you want to find the city’s zoning map. LA will have a “GIS” map with a zoning layer. Then when you get your zoning code like R1-##### you will google the Los Angeles zoning ordinances about that zoning code and any other specific plan or special district you’re in.
@@HowToADU Got it. Another question: I'm selling a property and hoping I can avoid capital gains tax by building an ADU on our primary residence property. After clicking around, it seems this isn't allowable... tho after watching ur vids, it seems laws are still settling and gray. Thoughts? Agencies you'd pursue to get an answer? Thx. Eric
Sorry - I don't do tax stuff. I have seen clients do VERY impressive structuring with generational transfers, so if you're talking to a tax professional, that might be what you ask them about. For example, letting an heir build the ADU on your property while you still own the house and land. There are lots of ways to spend the money that have huge implications on your taxes/finances. Speak to licensed pros. Not me :)
Can we build an ADU in the front lot? I am planning to new house and ADU. One story ADU in front and 2 story Main house in the rear lot. Thanks.
Depends on the details. The state rules are pretty explicit about front setbacks not being enforceable if they would preclude the construction of a small ADU (under 800 sf). You should come to our live Q&A on Thursday and we can work it out community.how-to-adu.com/q-a-live-with-ryan-o-connell
Hi I have a lot under size to the zoning code I can't build can you ask if there is something came up to allow to build on it my lot is 1250 square feet but the zoning code is R2 it need 5000 square feet minimum and 2500 square feet per house I am sure if this changes ez I can build 900 square feet 2 or 3 story house with 1 car garage
I think you should get a lawyer. Submit your story to yimby law and see if they’re interested.
The City of South Gate CA does not permit 2 story ADUs unless the primary (front) house is a two story.
Does this legislation supercede the local attempt to do away with 2 story ADUs?
That's the intent of the state legislation. To, in 3 specific situations, supersede local ordinances to allow for 2 story ADUs. Now, that's my read and it's early - and every project has specific circumstances that need to be evaluated to figure out exactly how to apply the laws, but broadly that's what this is supposed to do. Also worth noting there are things the cities could do to mitigate this like put in ordinances that prevent SFH in that zoning from being taller than 1 story (which would mitigate the attached heigh limit) and decrease transit service (which is sad, but something that some rich neighborhoods will do to get their way).
Hi! I keep reading that San Diego County only lets you build one ADU and one JADU, but a close neighbor had his property approved for 3 ADUs, my engineer told me the same only one ADU. Any advice on how to get approved for more ADUs? we have both one acre and both single family zone
This video explains the circumstances where people generally get 2 ADUs and a JADU. Up to three accessory dwelling units in California on one single family lot?
th-cam.com/users/shortsfiYxXHoHpLQ?feature=share
The city of San Diego also has bonus ADU rules based on affordability requirements.
Hello! How dose it work with the septic tank with these new water treatment septic tank these are like 50,000/65,000$
I think there are some changes in here about septic, but I'm not very savvy about this stuff. I just know to warn homeowners what you seem to already know. Septic improvements are a big expensive red flag!
Do you know what the tallest detached 2 story adu in the 90280 area code you can build?
Hmm, this is a bit more complicated than checking your zipcode.
So you want to figure out what jurisdiction you're in and check the planning department for their broad rules. Some cities/counties have no height limit or use the underlying zoning code height limit, and then you might get to build quite tall - as tall as the main house, for example.
Then you want to check the multiple categories for height limits in the state code, and that can vary based on how close you are to mass transit, and other structures already existing on the property.
The answers vary a lot based on specific project details!
Is there anyway to legalize an unpermitted unit built after 2018?
The new rule on the existing non-conforming unit is a big help.
In Los angeles county, can I build a 2story ADU, with a patio roof?
If I buy a latge single family home, permit it into a duplex... can I build 2 ADU's on the remainder of the lot, given it meets/exceeds the setbacks?
What I've read in the state statute does not specifically allow or prohibit that. You're going to want to talk to the county planning division about this question.
I imagine a lot of cities and counties will be prohibiting this specific thing in the near future (if they don't already have an ordinance in place).
HELLO RYAN, GREAT VIDEO.....
I HAVE A 2 UNIT SINGLE STORY DUPLEX, WITH TWO ONE CAR GARGES IN BETWEEN, THAT I WOULD LIKE TO CONVERT. I AM WITHIN 1/2 MILE FROM A PUBLIC TRANSPORTATION. MY QUESTION FOR YOU IS, CAN I BUILD A 2 STORY ADU IN THE GARAGE SPACE, WHILE THE ACTUAL PROPERTY IS A SINGLE STORY?
ALSO, DOES THE 18 FOOT HIGHT INCLUDE THE ROOF PITCH?
Hi I just saw this - you can speak to your local planning department about your specific situation and your question. I have many clients who plan to ask for 2 story ADUs because they're within half a mile from major public transit stops. The 18 foot height limit is measured differently in different jurisdictions and often varies based on roof type.
@@HowToADU Thank you so much for the reply!!
I'm in plan check and running into this problem with city. Plan is for a second story ADU over an existing garage which I planned to enlarge into existing side yard setback. They say I can have the second story with a 4' side setback but the existing garage setback has to remain because it is not a part of the ADU. Currently my side yard setback is 10ft, but they are also saying that it needs to be 11' because im going over 16ft in height. Help!
ITS LADBS
Its hard to understand exactly what’s going on without looking at some plans. Broadly speaking, if I am creating an ADU within the parameters of a statewide exemption (under 800 sq ft under the appropriate height limit, etc) then those setback rules are very restrictive and I’d ask the HCD to look at the project. If I’m not in that subdivision of statewide exemption, then it’s pretty typical for these kinds of restrictions to come up.
Can ADUs be pre-fab, mobile homes, Boxable type structures?
In CA, ADUs can be prefab, manufactured, and some other types. It generally excludes RVs, THOWs, and trailers - although there are exceptions to that. Detailed interview about that here: th-cam.com/video/Q20qFoIMYnU/w-d-xo.html
According to the financial disclosures Boxabl released earlier this year, they have not built any residential units in California, ADU or otherwise. And when I contacted them, they declined to share the documents I would need to obtain a building permit for one of their units.
I tried REALM but they don't do Fresno area 🤦🏽♂️
Sorry about that! Hope they expand services soon.
Hello Ryan if I am trying to make a 2 stories adu in Los Ángeles city what should I do, I am zoned R2 and it’s a single family dwelling with a detached 2 car garage. I had a contractor tell me that’s not possible and one tell me everything’s possible what are your thoughts
I can’t give specific advice for your situation. Broadly, I recommend people talk to the local planning department about what they can do. If you ever feel like they’re blocking something that you should be able to do, talk to the state (HCD)
Hi Ryan. I have a 5 bdrm 4 bath house 3k sqfi. Like to covert 1room into small kitchen. Have 2bdrm Jr adu.
Any conditions regulations I need to know? Also would that add increase in property tax and if so how is it calculated?
Sounds cool! I would need a lot more information to answer but there are almost definitely lots of regulations you need to know about!!! And your county tax assessor will want to issue a new assessment for the parts of the house that you convert, and any new construction. Contact the tax assessor for their exact methodology
Can the two story ADU be 2 units if I don't live in the unit on the front? Normally that wouldn't fly, but with the new rules, could this be a way to get two units out back instead of one?
Hard to say without more information. Broadly speaking, the 2 story ADU is still just ONE ADU. Having said that, you can rent a home to two roommates; you can rent a room to a boarder; etc. Additionally, you could build an ADU and use SB 9 on some qualifying lots to put 2 units in the back (without using the lot split).
San Bernardino County ADU guidelines?
Can I build an ADU even if my HOA says I can’t. Is the law going to stand above my HOA? Can I fight it and win? I would like to make a granny unit for me and my husband. My daughter and her husband and my grandson. They both have good jobs but they cannot afford a home at these prices. It’s sooo crazy. Please please reply. Thank you so much 😊
thx. yes I have an architect & builder -- who did our existing home. I've asked them about the state, county & cities restrictions. The issue is: they're also getting incorrect info from the city. And I called LADBS (department of building & safety) -- and was told with authority I could only build 16 feet. So y'know... that happened. I guess I'm looking for a definitive unambiguous guideline... tho perhaps the best I can get is AB 221. Thoughts?
There’s a website where you can ask the state to look at your case. calhcd.service-now.com/csp?id=csm_sc_cat_item_public&sys_id=19d0846297794910edea398c1253af2a This form is how you officially request technical assistance. You want to include specific contact information for specific individuals in the planning department, as well as copies of the communications you’ve had so that the HCD can quickly see the specific wording the city is using. And you want to explicitly tell the HCD (in this form) that you are open to them using your specific project as an example (or tell them you want to stay anonymous and would rather they not use your specific project)
@@HowToADU YOU KNOW THE TRICKS! :)
@@ericalan5560 I have been known to know a trick or two :)))
@@HowToADU happy friday. still haven't heard back from CALHCD... I actually read the bills myself yesterday... there's some "unclarity" re: setbacks. The way I read it local agencies must allow attached ADU's to extend beyond current R1 setback guidelines. But y'know, I'm no lawyer. Have any of the experts you've interviewed mention this interpretation?
@@ericalan5560 if the structure already exceeds the setback, that’s got a good argument for approval. Otherwise it’s generally a four foot side and rear setback and
Hi Ryan, are you still answering questions on here?
Depends on the questions :)
Florentine Christian
44 seconds ago
I have a pet peeve about people making sweeping claims without citing sources. I appreciate your meticulateness in this arena. #everybodypoops
haha, good hashtag. Glad somebody appreciates it ;D
I live about .8 away from a major will that disqualify me from getting the 18footer? Thank you so much for all of your info.
You have to be half a mile walking distance for that subsection to apply to you. Is there a major road nearer to you that would be a good place for a bus stop? You can ask your local transit agency how possible it is to add/change service. Also, sometimes "small" bus stops are surprisingly majors if they have plans to improve! :) SB 9 had a weird card share exemption too but I don't think I've seen that in this law.
Thank you for that info.Another question, my plans were processed today by sac city planning does the 60 day compliance ordinance start today or do all the departments such as the fire dept,utility dept, addressing department each have 60 days individually or is the entire process supposed to take 60 days? I hope you understood the question.
@@victoriatorres6185 Honestly, most cities are playing pretty fast and loose with the 60 day limit. Starting in January, the 60 days will apply to all the permitting agencies according to state statute, but that's not a guarantee that they'll all be in compliance. Also, the new state rules only take effect in January - so submitting your plans now means they might not be held to these state rules. Not a lawyer, not legal advice!
Got it! Thank you.
Ryan do you do one on one consulting I have more questions
You can use this link to book a call. www.how-to-adu.com/get-started-booking
I’m also doing a webinar on Wednesday which is normally for my paid members only but this one is on me. howtoadu.podia.com/new-adu-laws-in-2023
First off - great video and thank you! Just a quick clarification question based on your present understanding of AB2221: You're saying this bill would now require city planning departments to give set back variances to build at least an 800 SF ADU? So if my city has a 30' front setback requirement that currently only allows me to have a 720 SF ADU, once this bill becomes law in January, they would have to change the allowable setback to whatever would allow me to do one that's 800 SF? Also to clarify: this also no longer allows the city to require parking if building a new construction detached ADU?
Generally speaking, yes to the front setback question. The city would not be in compliance with state law if it enforced a front setback that precluded the construction of an 800 sq ft ADU. I have to look at the code for the parking question closer to answe, but I wanted to get the front setback one cause it's easy.
@@HowToADU In this case, what if the local authority points out that there is space elsewhere in the lot, say, in the backyard, to build an 800-sf ADU? Could they force the owner to move his whole ADU to another location so it doesn't encroach on the front setback?
@@RobertoLeao-1-1 This isn't legal advice. I think the language of the statute implies that a homeowner can build an ADU under 800 sq ft in the front, even if there is room to put it in the back. Having said that, if the city wants to get feisty, and a homeowner has a practical place to put the ADU in the back... the way to find out who wins may be a very lengthy, expensive legal process.
I am confused about adding an attached ADU to a single family house. Is this allowed? I keep seeing conflicting information. Some comments seem to be doing this but isn't there a rule about only adding 150' for ingress and egress? Basically I want to add 650' and attach it to my house. Can I do this?
Thanks for watching Darren. You want to go back to the older videos about the basic rules before watching updates like this about the new changes. Broadly speaking, you can build attached ADUs or “bump outs” in California. Generally cities will have a maximum size like 50% of the primary or 1000 sq ft for a 2 bedroom. See your planning department for the rules and how they apply to your specific property. There are even more rules that could affect your project like FAR or open space requirements. So I can’t tell you if your specific property can do the attached ADU you’re proposing. And lastly the 150 for egress thing is usually about JADUs where you’re using the existing primary structure.
Great stuff, he just needs to get his videos under 10-minutes as most subscribers have 8-12 NEW! videos per day coming at them in their system to watch ....
Fair enough!!! I swear I cut it down from 39 minutes originally :D
@@HowToADU 🤣 I Hear you on that brother…. So much info…
Hi Ryan, thank you always for explaining. I have an urgent question regarding SB897. I have an attached garage conversion done without permit. City told me to legalize it. So I submitted the plan for the permit. City responded back in 2022 that I need to demolish or legalize existing 3 patio structures (2 enclosed, one open). The patios have been there since I bought it. Now that it’s 2023 and I just read about SB897, can I petition the city to allow me to keep the patios since they are not a thread to public health and safety. Can sb879 apply to my case since I’m trying to get a permit to legalize the garage conversion to jadu? Only difference I see is I’m legalizing instead of creating a new jadu but it is still the process of getting the permit. Please let me know your thinking. Appreciate it!
You should get a lawyer and also get advice from HCD. From the sound of it, you may have submitted your application at a time when the city could require that. Not sure what your options will be.
@@HowToADU thank you Ryan! Yes when I first submitted it was before 2023 so the sb897 was not in effect. It’s been a lengthy permit process and I am still in process and I haven’t got permit yet but since it’s 2023 now I’d hope to be able to apply sb897.
I called the city planner. It was horrible on zoom not person. Rather be person. Because this City Planner did not know any of these laws. Said I could not even build ADUs but said I could Split the Lots. I SMH.. He told me to call Housing Department. Who do you talk to get this ball rolling? I can build up to 6-8 Units. I have my own street. One Neighbor and the other side is a Freeway. a bit over a 3rd of an Acre too! Seems like it be perfect to make more homes for L.A.
You can book an informational call with us here: www.how-to-adu.com/get-started-booking but it’s important to communicate well with that planner!
The best thing may be to send the HCD’s ADU handbook to the planner and highlight sections you think support your project.
If you have multiple lots, that’s a great approach. If you have one big lot then you may want to look into the limitations of putting so many units on one property without a split. The planner may have been giving you accurate advice.