Effective January 1st, 2020 the legislature improved various provisions in order to promote the development of ADUs.
These include allowing ADUs to be built concurrently with a single-family dwelling, opening areas where ADUs can be created to include all zoning districts that allow single-family and multifamily uses, modifying fees from utilities such as special districts and water corporations, limited exemptions or reductions in impact fees, and reduced parking requirements.
These bills will make California ADUs much simpler to build because it makes many of the current restrictions that cities place on ADUs obsolete.
City should create their own ADU Ordinance, it must comply with these new rules.
California new detached ADU regulations
Here are the basics of what you need to know regarding the 2020 ADU rule changes for California
Now you can lease out both your home and ADU!
detached adu
single story
one adu
Bedrooms
Up to 2
bathroom
Up to 2
fire safety
Per state
requirements
utility
Depends of the
size of the unit
fire safety
Per state
requirements
utility
Depends of the
size of the unit
Entryways
Separate exterior
access
storage
No min/max
multiply family
same as single story &
Up to two ADUs
two story
TWO-Story adus
often require greater rear yard setbacks to avoid overhead power lines
PARKING
ADUs do not require parking if they are created within an existing space in your house or an accessory structur
Setbacks
4 ft from the rear and side property lines
Approval Periods Changes
Cities must provide ministerial approval (or denial) of ADUs within 60 days of receiving the application
Rental
The ADU can’t be rented for a period of less than 30 days
Design
Detached must incorporate same or similar building materials and colors as primary dwelling, except for manufactured homes, which are required to incorporate only same or similar building colors as the primary dwelling.
Detach ADU Height and Size
Maximum height and stories. A detached accessory dwelling unit shall be a maximum of sixteen feet in height and not exceed one story.
Single-family and multi-family Parcels will be approved to create up to 850 sq. ft. for a one bed ADU or up to 1,000 sq. ft. for a two bed ADU, regardless of the underlying zoning standards of the property. According To AB-68
1200 sqft max if ADU is <40% of rear lot coverage
Single and multiple family ADU options by lot:
Maximum height and stories. A detached accessory dwelling unit shall be a maximum of sixteen feet in height and not exceed one story.
Single-family and multi-family Parcels will be approved to create up to 850 sq. ft. for a one bed ADU or up to 1,000 sq. ft. for a two bed ADU, regardless of the underlying zoning standards of the property. According To AB-68
1200 sqft max if ADU is <40% of rear lot coverage
Parking Exceptions:
No parking needed if any of the following criteria are met.
Is smaller than 750 SQFT
Located within half a mile of a public bus stop or rail station, and the path of travel is publicly accessible
The ADU is on a street that requires on-street parking permits, but the permit has not been offered to the occupant of the ADU
Located within the boundaries of the permanent residential parking permit program, and where the בity does not offer parking permits to the occupant(s) of the ADU.
Located within one block of a city-licensed car-share vehicle
fees
Cities will no longer be able to charge impact fees for ADUs under 750 SQFT and impact fees for ADUs larger than 750 SQFT shall be proportional to the size of the ADU in relation to the primary dwelling.
Bathroom:
ADU shall include no more than two bathrooms
Storage:
No min/max
Fire Safety:
Per state requirements
Rental:
The ADU can’t be rented for a period of less than 30 days
Design:
Detached must incorporate same or similar building materials and colors as primary dwelling, except for manufactured homes, which are required to incorporate only same or similar building colors as the primary dwelling.
Parking:
ADUs do not require parking if they are created within an existing space in your house or an accessory structure, like a garage or carport. Additionally, no replacement parking is required for the main residence when a garage or carport is demolished or converted to create an ADU.
According to state law AB-68 and AB-881
Setbacks:
The maximum required setback for a detached new construction shall be no more than 4 ft from the rear and side property lines according to state law AB-68
If on slope of 10% or greater, setbacks must be 15ft from rear and side.
Approval Periods Changes
Cities must provide ministerial approval (or denial) of ADUs within 60 days of receiving the application in cases where there is an existing single family dwelling on the lot.
HOAs
Neither HOAs (Home Owners Associations) nor property CC&Rs (Covenants, Conditions and Restrictions) can prevent development of an ADU
Bedrooms:
ADU shall include no more than two bedrooms.
Kitchen:
One kitchen (with permanent provisions for cooking and eating)
Entryways:
Must include separate exterior access from primary dwelling. Front door cannot be oriented towards public streets.
Utility Connections:
Depends on the size of the unit.
ADU >750 sqft: New utility connection required.
ADU <750 sqft: No new or separate utility connection, or related connection fee or capacity charge
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