AHJ are closed for the week, Ask me Anything about ADUs and SB9

San Jose, California
Land & New Construction
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AHJ are closed for the week, Ask me Anything about ADUs and SB9

Adam Mayberry
Architect · San Jose, CA · Member since 2014 · 90 posts · 57 votes

I'm an Architect and MRED Grad and have entitled and permitted over 200 units across Bay Area and Norther California, ask me anything about SB9 or ADU design / permitting

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Brad S.
Investor · Pasadena, CA · Member since 2017 · 613 posts · 523 votes
3y

Hey @Adam Mayberry

So, can municipalities refuse to allow the ADU ordinances to work in conjunction with SB9. In other words, can they restrict you to a total of 2 units while using SB9, and not allow a third (ADU) unit?

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  • Brad S.
    Investor · Pasadena, CA · Member since 2017 · 613 posts · 523 votes
    3y

    Hey @Adam Mayberry

    So, can municipalities refuse to allow the ADU ordinances to work in conjunction with SB9. In other words, can they restrict you to a total of 2 units while using SB9, and not allow a third (ADU) unit?

    2Reply
  • Adam Mayberry
    OP
    Architect · San Jose, CA · Member since 2014 · 90 posts · 57 votes
    3y

    I believe this is correct, but only limiting to 4 total. So Duplex under SB9 equals multifamily with ADU you could add two ADUs @Brad S.. IF the City does not limit to four total, there is a scenario where the City MAY allow up to 10 total units on single family zoned parcel

    1Reply
  • Jeet Sangha
    Realtor · Gilroy, CA · Member since 2016 · 255 posts · 72 votes
    3y

    Hello Adam, is JADU allowed on rental properties or only on owner occupied homes?

    0Reply
  • Kevin Lo
    Real Estate Agent · Pasadena, CA · Member since 2015 · 2 posts · 1 vote
    3y

    Hey @Jeet Sangha

    You can put an ADU and a JADU on the property and rent them both out. However, according to Section 65852.22. Section A, you'll see that owner-occupancy is required for the JADU.

    0Reply
  • Erin Colbert
    Member since 2022 · 8 posts · 8 votes
    3y
    Quote from @Kevin Lo:

    Hey @Jeet Sangha

    You can put an ADU and a JADU on the property and rent them both out. However, according to Section 65852.22. Section A, you'll see that owner-occupancy is required for the JADU.

    I wonder what happens if you’re house-hacking when you build the JADU. For example, I have my house, am building a legal JADU, but later down the road I decide to rent my entire house and buy another primary residence. Can I still keep the JADU since I no longer occupy the home?
    2Reply
  • Kevin Lo
    Real Estate Agent · Pasadena, CA · Member since 2015 · 2 posts · 1 vote
    3y
    Quote from @Erin Colbert:
    Quote from @Kevin Lo:

    Hey @Jeet Sangha

    You can put an ADU and a JADU on the property and rent them both out. However, according to Section 65852.22. Section A, you'll see that owner-occupancy is required for the JADU.

    I wonder what happens if you’re house-hacking when you build the JADU. For example, I have my house, am building a legal JADU, but later down the road I decide to rent my entire house and buy another primary residence. Can I still keep the JADU since I no longer occupy the home?

     Hi @Erin Colbert,

    The law requires owner-occupancy of either the newly created JADU, or the single-family residence. If you decided to move, you would technically have to stop renting out the JADU since the primary residence will not be owner-occupied.

    That being said, I've asked a similar question recently at an ADU masterclass hosted by Kendyl Young from adudiggs.com. She stated that we would have to rent the primary and jadu together under the same tenant if we could no longer owner occupy.

    1Reply
  • Adam Mayberry
    OP
    Architect · San Jose, CA · Member since 2014 · 90 posts · 57 votes
    3y

    @Erin Colbert You would need to be living somewhere, and you would need to sign the deed restriction.

    You can live on the couch and rent out all the rooms in all the ADUs and JADUs you wanted - as long as you sign the Deed Restriction for owner occupancy, as well as that would go along with the sale, so you could not sell to investor just renting out the house

    0Reply
  • Adam Mayberry
    OP
    Architect · San Jose, CA · Member since 2014 · 90 posts · 57 votes
    3y

    @Jeet Sangha You need to sign a Deed Restriction for Owner-Occupancy. Thats the requirement - to sign the deed restriction.  (How thats enforced I am not sure)

    0Reply
  • Brandon Ly
    Member since 2022 · 18 posts · 10 votes
    3y

    Hi @Adam Mayberry

    First off, thank you for offering to answer any questions we have regarding SB9/ADU.

    My question is, can I use SB9 on my property that is currently occupied by tenants?

    I reviewed the SB9 legislation, and it states that properties occupied by a tenant in the last 3 years are excluded from SB9 but only if the project includes demolition or altering more than 25% of the exterior structural wall. If I only plan to build new detached units (no alteration) and no demolition, I should be able to use SB9 right? Screenshot of the legislation below:

    0Reply
  • Christopher Duron
    New to Real Estate · Member since 2020 · 52 posts · 8 votes
    2y

    Hi @Adam Mayberry  

    Thank you for offering to answer questions.  Do you know if I can sell my residence after using SB9 to split the lot?  I will be selling the second lot to an owner occupant.  

    0Reply
  • Adam Mayberry
    OP
    Architect · San Jose, CA · Member since 2014 · 90 posts · 57 votes
    2y
    Quote from @Christopher Duron:

    Hi @Adam Mayberry  

    Thank you for offering to answer questions.  Do you know if I can sell my residence after using SB9 to split the lot?  I will be selling the second lot to an owner occupant.  


     Yes

    0Reply
  • Adam Mayberry
    OP
    Architect · San Jose, CA · Member since 2014 · 90 posts · 57 votes
    2y


    Quote from @Brandon Ly:

    Hi @Adam Mayberry

    First off, thank you for offering to answer any questions we have regarding SB9/ADU.

    My question is, can I use SB9 on my property that is currently occupied by tenants?

    I reviewed the SB9 legislation, and it states that properties occupied by a tenant in the last 3 years are excluded from SB9 but only if the project includes demolition or altering more than 25% of the exterior structural wall. If I only plan to build new detached units (no alteration) and no demolition, I should be able to use SB9 right? Screenshot of the legislation below:


     Depends where you are and if they know there are renters

    0Reply
  • Leah Miller
    Member since 2024 · 29 posts · 6 votes
    1y

    Hi 

    @Adam Mayberry

    Do yo know anyone that has successfully executed SB9 lot splits in Los Angeles city?

    0Reply
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