City finally adopted ADU laws, time to get to work. Need advise

City finally adopted ADU laws, time to get to work. Need advise

Varinder KumarPro Member
Real Estate Broker · LA & ORANGE COUNTY CA -Multi Family · Member since 2016 · 374 posts · 132 votes

My city has finally drafted out their laws for building adus in accordance with CA law. I am looking to build a 300sqft ADU for Airbnb purposes. Luckily my street with wide enough so i do not need to have a dedicated parking spot.

I wanted to gather some insight from my fellow BP'rs. Currently I have a single family home which has been rented out to my tenants for the past 2 years and they are going on their 3rd year. My goal would be to have the ADU build which will take up half of the backyard space and the entire side yard, so that guests can enter.

I would obviously run this by them and hope that they would be willing to still stay. My questions is, how should i best present this? What can I use to make it worth their while so they stay, eg. lowering the rent? Also how much do you guys think it will roughly cost to build a 300 sqft studio like structure with a kitchen, laundry, and bathroom. 

i appreciate the help, let me know if more detail is needed. 

below are the guidelines for the adu in accordance with the city. 

A. Purpose. The purpose of this section is to establish regulations governing accessory dwelling units, in compliance with California Government Code Section 65852.2, and to provide standards for the development of accessory dwelling units (ADUs) so as to increase the supply of smaller and affordable housing while ensuring that such units remain compatible with existing neighborhoods.

B. Development Standards. Under the provisions of this section, each accessory dwelling unit shall comply with local building code for detached dwelling, as applicable, and all development standards contained in Division 3, with the following exceptions:

1. Location. ADUs are allowed on lots zoned for single-family or multi-family residential use which contain or are proposed to be developed with a single-family dwelling. ADUs may be attached, detached, or located within existing primary residence, or accessory structure.

2. Height of Structure. Height of a detached accessory dwelling unit shall not exceed the height of the associated primary dwelling unit. Any external access staircase for the ADU shall not be located at the front of the house.

3. Setbacks. An existing garage that is converted to an accessory dwelling unit may maintain the existing setback. An accessory dwelling unit that is constructed above a garage must maintain a minimum 5-foot setback.

4. Number of Dwellings. A maximum of 1 accessory dwelling unit shall be permitted on lots where legal primary single-family dwellings are allowed.

5. Dwelling Size. The floor area for an accessory dwelling unit shall not exceed 30 percent of the residential floor area of the primary dwelling or 600 square feet, whichever is less, and minimum area of 150 square feet, or as specified in Section 17958.1 of the California Health and Safety Code.

6. Number of Bedrooms. The accessory dwelling unit shall be limited to a maximum of 1 bedroom.

7. Off-Street Parking. One parking space per accessory dwelling unit shall be provided. These spaces may be provided as tandem parking on an existing driveway, or on a driveway in side yard and rear yard as permitted in Table 19.320.030-C and Table 19.320.040-D of the Zoning Ordinance.

No additional parking for the ADU is required if any one of the following conditions are met:

a. The accessory dwelling unit is located within 1/2 mile of public transit.

b. The accessory dwelling unit is located within an architecturally and historically significant historic district.

c. The accessory dwelling unit is part of (i.e., contained within) the footprint of the primary residence or an accessory building.

d. When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit.

e. When there is a car share vehicle located within 1 block of the accessory dwelling unit.

8. Garage Conversion. For those ADUs created through a garage conversion which meet the criteria in subsection 7 above, the parking required for the primary dwelling unit shall be in compliance with the current parking requirements as specified in Chapter 19.336 of the Zoning Ordinance.

9. Access. The accessory dwelling unit shall utilize the same vehicular access that serves the existing main dwelling unit, unless the second unit has access from an alley contiguous to the lot. No passageway connecting the accessory dwelling unit to a street is required.

10. Way Finding. Each unit shall display address in compliance with the current California Residential Code as adopted and amended by the City.

11. Utilities. All utilities servicing the accessory dwelling unit may be metered in conjunction with the primary dwelling, in compliance with Government Code Section 65852.2(f).

12. Infrastructure. Accessory dwelling units shall not be allowed where roadways, public utilities and services are inadequate. The property owner shall provide evidence that adequate parkland, fire service, sewer, streets, and water are available for the accessory dwelling unit based on standards and thresholds established in the following:

a. 30% of Park Land Dedications and In-Lieu Fees as computed per Chapter 18.64 of Title 18 of the Buena Park City Code.

b. Compliance with all current State and local building and fire codes.

c. Compliance with Minimum Street Width – STD. 104 Standard Plans City of Buena Park Department of Public Works.

d. Sewer connection shall comply with requirements for Depth of Flow (D) versus Diameter of Pipe (d) in sewer pipe as shown below:

Diameter of Pipe (d)Maximum D/d
8″ to 18″0.50
21″ to 60″0.75
Over 60″0.75

13. Architectural Compatibility. The accessory dwelling unit shall incorporate the same or similar architectural features, building materials, and color as the main dwelling unit on the property. These features shall include, but are not limited to, roofing material, roof design, fascia, exterior building finish, color, exterior doors and windows including, but not limited to, ratios of window dimensions (i.e., width to height) and window area to wall area, garage door, and architectural enhancements.

14. Ownership and Occupancy—Owner Occupancy Required. One of the two units shall be occupied as the primary residence of the owner of the lot. If the owner occupies neither unit, the accessory dwelling unit shall not be used as a dwelling unit, and shall not be rented.

15. Deed Restriction. Before obtaining a building permit for an approved accessory dwelling unit, the property owner shall file with the County Recorder a declaration or agreement to restrictions, containing a reference to the deed under which the property was acquired by the owner and stating that:

a. The accessory dwelling unit cannot be sold separately;

b. The accessory dwelling unit shall be considered legal only so long as either the primary residence, or the accessory dwelling unit, is occupied by the owner of record of the property;

c. Minimum rental term shall be no less than 30 days;

d. The restrictions shall be binding upon any successor in interest and ownership of the property and lack of compliance may result in legal action against the property owner to compel compliance with this section.

16. Submittal Requirements and Application Processing. Any application for an accessory dwelling unit shall include a site plan, floor plan, and elevations substantiating and evidencing compliance with all applicable development standards. Where all requirements of this section and the Buena Park City Code appear to be met, the application shall be approved ministerially without discretionary review or public hearing in accordance with the following conditions:

a. An accessory dwelling unit shall be permitted ministerially with a building permit if it is located within a Single-family Residential zone, and:

i. Is contained within the existing space of a single-family residence or accessory structure;

ii. Maintains independent exterior access from the existing residence;

iii. Side and rear setbacks are sufficient for fire safety. Fire sprinklers are not required for ADU if they are not required for the primary residence.

b. An accessory dwelling unit, which is in compliance with all applicable standards and does not meet criteria in subsection B.16.a. above, shall be reviewed ministerially pursuant to criteria listed herein.

c. An accessory dwelling unit shall be permitted with a discretionary review pursuant to Section 19.128.020 of the Zoning Ordinance (Conditional Use Permit) for those units which do not meet all applicable development standards. In no case may an accessory dwelling unit be larger than 30% of the primary dwelling unit, or be permitted where inadequate infrastructure exists.

2Reply
149 views

Most Popular Reply

Rental Property Investor · Stamford, CT · Member since 2017 · 153 posts · 75 votes
7y

See item 14. 

ADUs do not make a property a multi family house. You need to live there yourself. 

See this reply in the discussion

22 Replies

Jump to latestLatest
  • Rental Property Investor · Stamford, CT · Member since 2017 · 153 posts · 75 votes
    7y

    See item 14. 

    ADUs do not make a property a multi family house. You need to live there yourself. 

  • Varinder KumarPro Member
    OP
    Real Estate Broker · LA & ORANGE COUNTY CA -Multi Family · Member since 2016 · 374 posts · 132 votes
    7y

    @Cathie Kovacs

    Thanks for the enlightenment. I did not think about that factor. So how would it work if i am living there and do the adu for airbnb, but then later want to buy another home for me to live in with my family. What happens the the sfr and the adu?would I have to put a long term tenant in the adu? vs short term (airbnb)? Thanks

  • Rental Property Investor · Stamford, CT · Member since 2017 · 153 posts · 75 votes
    7y
    Originally posted by @Varinder Kumar:

    @Cathie Kovacs

    Thanks for the enlightenment. I did not think about that factor. So how would it work if i am living there and do the adu for airbnb, but then later want to buy another home for me to live in with my family. What happens the the sfr and the adu?would I have to put a long term tenant in the adu? vs short term (airbnb)? Thanks

     I have no clue. Good question for the City   

  • Real Estate Agent · Diamond Bar, CA · Member since 2016 · 112 posts · 29 votes
    7y

    @Varinder Kumar

    Good luck with this project. If space permits you can go up to 1200 sq. Ft on a detached. Why not go bigger? Could probably get more rental income.

  • Member since 2019 · 21 posts · 4 votes
    6y

    @Varinder Kumar

    How is your project coming along?  Would love to hear more about your experience.  

    Few concerning factors for me regarding Buena Park:

    "5. Dwelling Size" - limited to 30% of the primary residence. I'd like to build/convert at least a 600 sq ft ADU, which would require a primary residence of 2000 sq ft. Not ideal here.

    "c. Minimum rental term shall be no less than 30 days;" - you will not be able to do AirBnb

    "14. Ownership and Occupancy—Owner Occupancy Required." - this rule here makes it a dealbreaker to be an investment property.

    Hoping they will be more lenient in 2020... going to research more into the best City to do this in for Orange County.  Let's connect to share ideas and experiences.  


  • Rental Property Investor · Long Beach, CA · Member since 2019 · 145 posts · 49 votes
    6y
    Originally posted by @Peter Mai:

    @Varinder Kumar

    How is your project coming along?  Would love to hear more about your experience.  

    Few concerning factors for me regarding Buena Park:

    "5. Dwelling Size" - limited to 30% of the primary residence. I'd like to build/convert at least a 600 sq ft ADU, which would require a primary residence of 2000 sq ft. Not ideal here.

    "c. Minimum rental term shall be no less than 30 days;" - you will not be able to do AirBnb

    "14. Ownership and Occupancy—Owner Occupancy Required." - this rule here makes it a dealbreaker to be an investment property.

    Hoping they will be more lenient in 2020... going to research more into the best City to do this in for Orange County.  Let's connect to share ideas and experiences.










    Peter new state laws going into effect 1/1/20 change many things. The only regulation that still stands in BP that you mentioned is that BP can ban short term rentals. The owner/occ reg is banned for four years, and I believe the size has been addressed to allow for larger ADU's. Check out the new laws.

  • Contractor · Seattle, WA · Member since 2019 · 339 posts · 325 votes
    6y

    @Varinder Kumar owner occupied means owner occupied

  • Rental Property Investor · San Diego, CA · Member since 2011 · 1k+ posts · 1k+ votes
    6y
    Originally posted by @Peter Mai:

    @Varinder Kumar

    How is your project coming along?  Would love to hear more about your experience.  

    Few concerning factors for me regarding Buena Park:

    "5. Dwelling Size" - limited to 30% of the primary residence. I'd like to build/convert at least a 600 sq ft ADU, which would require a primary residence of 2000 sq ft. Not ideal here.

    "c. Minimum rental term shall be no less than 30 days;" - you will not be able to do AirBnb

    "14. Ownership and Occupancy—Owner Occupancy Required." - this rule here makes it a dealbreaker to be an investment property.

    Hoping they will be more lenient in 2020... going to research more into the best City to do this in for Orange County.  Let's connect to share ideas and experiences.  

    The new state bill going into effect January forces cities to follow their guidelines. One of which is eliminating the owner occ requirement for 5 years. I would take a look at SB13
  • Member since 2019 · 21 posts · 4 votes
    6y

    @Tim G.

    I actually just found out about SB13 few minutes after writing that comment.  I have it printed and ready to review tomorrow.  Skimmed it and found some ground breaking discoveries so far.  Thanks for the recommendation! 

  • Member since 2019 · 21 posts · 4 votes
    6y

    @John A Murray

    Yes, thank you!  I just discovered SB13 and will be reading the whole thing tomorrow.  Great news!! 

  • Rental Property Investor · Long Beach, CA · Member since 2019 · 145 posts · 49 votes
    6y
    • From the "Maxable" website (California legislation):
      • Quick Run Down

        The key takeaways?

        No minimum lot size requirement

        Setback requirements will be brought down to four feet (new construction only)

        No impact fees for ADUs under 750 square feet (graduating scale over 750 square feet)

        No owner-occupancy requirement for 5 years (will be revisited then)

        HOA are no longer allowed to prohibit ADUs

        An ADU and a JADU are allowed to be built on the same property

      • No parking requirement if your property is located within half a mile from public transit

      SB 13

      Parking Just Got Easier

      Let's start with the heaviest bill. While there are several components to SB 13 that make building an ADU easier, there are a few main points that are essential to know.

      Prior to this bill, homeowners were required to replace parking spaces on the property if they were converting or demolishing their garage, carport, or covered parking space. SB 13 eliminates this dreaded parking requirement.

      To clarify, those who are located more than half a mile from public transit will still be required to add a parking space. However, your existing driveway can satisfy this requirement.

      Now you don’t have to worry about the added construction costs that come with adding a new parking space. Plus, you’ll save a lot more time.

      Bye Bye Owner Occupancy Rules

      california adu bills

      Maybe you wanted to build an ADU to travel the world, like this adventurous Berkeley resident, but strict owner occupancy laws kept you stuck? With the changes, cities are no longer allowed to require owner occupancy for at least 5 years. That means you can vacation to your heart’s desire.

      SB 13 also puts pressure on your city's permitting office to pick up the pace. The bill slices the ADU application approval time in half from a horrendous 120 days to a more reasonable 60 days.

      Impact Fees Waived!

      Finally, say goodbye to impact fees if your ADU is less than 750 square feet. If your ADU is over 750 square feet you're still in luck. Fees will be made proportional to the square footage of the ADU. This will make the fees significantly lower than what they were prior to SB 13 being passed.

      AB 670

      HOAs Can’t Kill Your ADU Dreams

      HOAs were one of the only governing bodies that had the authority to overwrite state laws. That means HOAs were allowed to prohibit homeowners from building ADUs on their own properties.

      This was a common issue that we’ve found many people had run into. There were more than 4 million homes that were eligible, but so many HOAs refused.

      However, with AB 670, HOAs no longer have that power. While the organization is still allowed to establish guidelines such as minimum and maximum unit sizes and minimum rental terms, they are not allowed to prohibit a homeowner from adding an ADU on their properties.

      Through the amnesty program, AB 670 also addressed the common issue of illegally built ADUs. If you have an ADU on your property that was built without the required permits or inspections, you now have five years to bring your structure up to code as long as the issues are not related to health and safety.

      AB 671

      california adu bills

      AB 671 lowers costs through government incentives for building ADUs with affordable rent.

      The bill would require the Department of Housing and Community Development to develop a list of existing state grants and financial incentives for operating, administrative, and other expenses in connection with the planning, construction, and operation of accessory dwelling units with affordable rent.

      The department is now required to provide this list on its website by December 31, 2020.

      AB 881/ AB 68

      Both of these California ADU bills, have very similar language and declare essentially the same thing.

      Terrible Setbacks No Longer an Issue

      A big obstacle that so many homeowners face is the extremely strict setback requirements. Luckily, AB 881 would impose much easier setback requirements to cope with.

      No Minimum Lot Size Requirement

      Also, a big plus from this bill is that there will not be a minimum lot size requirement. As long as your property follows all other requirements, your lot size will no longer hold you back.

      Two Units on One Property?!

      Perhaps the most exciting aspect of these bills is that now you can have both an ADU and a JADU on your property. A JADU is a small living unit created from a bedroom within the primary dwelling unit.

      This opens up so much potential for large families to stay even closer to their loved ones.

      california adu bills

      AB 587

      This bill was structured specifically to help those in need of low-income housing.

      If the property is owned by a nonprofit corporation for the purpose of building and rehabilitating single-family or multifamily residences for sale for low-income families, then the ADU is eligible to be sold separately from the primary home to a qualified buyer.

      One of the main reasons we've seen such a surge in California ADU bills is to combat the housing crisis. A bill like this is crucial to achieving that goal.

      How are these bills being enforced?

      We know many cities may not be happy to adopt these changes and may refuse to honor these new bills. The fact of the matter is that these bills are now state law, meaning if your city is refusing to make the switch, you have a right to fight back.c

      Luckily, the Housing and Community Development Department (HCD) is taking the reins in enforcing the new state laws. If you find your city is not complying with the changes and are refusing to allow you to build an ADU, you may contact the HCD who can then pursue legal action.

      Additionally, the HCD will be checking in with each and every city to make sure laws are being followed.


  • Orange County California · Member since 2019 · 25 posts · 17 votes
    6y

    Additionally, If your city does not have their own individual ADU compliance rules signed into law and regulations by Jan 01, 2020 they must default to the state rules with no additional requirements.

    John, my understanding was similar to yours regarding parking, the property I just purchased in Anaheim with detached garage is less then .5 miles from public transportation, yet my initial ADU report from Hausable states I need one covered parking spot. I am not sure this is true. I am positive that Anaheim has not updated its ADU requirements as most of the employees there still think I will need four 18' parking spots in the driveway. When I told the city employee this will not be a requirement come Jan 1 he stated they haven't received training on new laws. What is your take on the covered parking spot?

  • Rental Property Investor · Long Beach, CA · Member since 2019 · 145 posts · 49 votes
    6y
    Originally posted by @Chad New:

    Additionally, If your city does not have their own individual ADU compliance rules signed into law and regulations by Jan 01, 2020 they must default to the state rules with no additional requirements.

    John, my understanding was similar to yours regarding parking, the property I just purchased in Anaheim with detached garage is less then .5 miles from public transportation, yet my initial ADU report from Hausable states I need one covered parking spot. I am not sure this is true. I am positive that Anaheim has not updated its ADU requirements as most of the employees there still think I will need four 18' parking spots in the driveway. When I told the city employee this will not be a requirement come Jan 1 he stated they haven't received training on new laws. What is your take on the covered parking spot?


    Hi Chad,

    State law trumps local rules. I have a 4 car driveway and can almost throw a baseball and hit a bus bench, so I was good anyways. So are you January 1st.

    I'll be visiting the Building Department soon after the first to run my ADU by them. When I did this two months ago they knew nothing about the new Title 24 energy requirements (mainly 1.5-2kw PV solar mandate roughly $4k after fed tax credit) that go into effect January 1 nor the new assembly bills (SN 13 then as yet unsigned). I'm hoping they haven't come up with any new way to get in my wallet since I now won't have to pay the $5k impact fees (thank you SB 13). My building permits etc will total $3,500 with $1,500 being a fully refundable recycling deposit. I'm getting off very lightly. I'll report back after my visit.

  • Orange County California · Member since 2019 · 25 posts · 17 votes
    6y

    Look forward to hearing of your visit.  I am in process of moving laundry into the main house so I can rent it out immediately and then start down the garage conversion (640 sq ft 2 bd 1 ba apartment).

    According to Cecilia Coyne with Maxable there is no solar requirements for ADU's that are not ground up new builds. See her comment below. I have heard the state hasn't figured that part out yet but since Maxable probably has some good contacts I would lean towards them being as accurate as of what is currently in place.

    Discussion below:

    Hi Chad, no, existing ADU's will NOT require solar after Jan 1. It's just newbuilds including Detached ADUs.

    As I posted earlier, new garage conversions/attached ADUs are exempt from the solar requirement after Jan 1.

    Cecilia, good morning. Thank you. Do you know where I can find that in writing?

    Hi Chad, the general information re 2020 Title 24 can be found at the California Energy Commission website. There's a fact sheet that references new homes requiring net zero calculation. Apparently they haven't updated it with a specific newsletter on ADUs like in 2016 (google Emergy Code for ADUs and you will find that). Essentially, the requirements for ADUs & solar will not change from 2016 (becasue of the nature of our business we have contacts at the commission that have verified this).

  • Rental Property Investor · Long Beach, CA · Member since 2019 · 145 posts · 49 votes
    6y

    Awesome I'll take it! 

    I had a 15 minute (free-thank you Maxable) phone consult with her (I think it was her) about a month ago and she wasn't sure about the new/existing issue regarding solar. That was of much interest to me; Maxable's website had a page that recommended permitting in 2019 because solar was required on ADU's effective 1/1/20. She said she'd look into it and get back with me but never did.

    I still may put solar panels on the house down the road, to include the energy production needed, that the ADU consumes.

  • Architect · San Jose, CA · Member since 2014 · 90 posts · 57 votes
    6y

    30 days or longer on Airbnb for ADUs, based on state bills.

  • Homeowner · Buena Park, CA · Member since 2021 · 32 posts · 20 votes
    5y

    Hello, I am new to BiggerPockets and new to this whole ADU thing. We are planning to build an ADU in our backyard. Our biggest selling point to go for an ADU was that we would be able to Airbnb it. Sorry if I missed any comment in this post, but I am not clear if Buena Park city is still enforcing the "minimum 30 days rental" clause and that means no short-term Airbnb rentals allowed?

  • Rental Property Investor · Torrance, CA · Member since 2016 · 263 posts · 132 votes
    5y

    @Shefali Golvelker My understanding of the Buena Park Municipal Code for ADUs is that the minimum rental term is 30 days (Section 19.348.010.B.17.c). Legally you can still have airbnbs, but the rental period must be longer than 30 days for the ADU. You can also look at living in the ADU and AirBnbing your main house without restrictions.

  • Real Estate Agent · San Diego, CA · Member since 2014 · 205 posts · 123 votes
    5y

    @Shefali Golvelker Not sure the city short term rental regs. But the state ADU regs state it needs to be 30day rental or longer. Happy to share what I've seen with the ADU process in my city if you have any questions.

  • Homeowner · Buena Park, CA · Member since 2021 · 32 posts · 20 votes
    5y

    thanks for the details @Matthew Forrest

  • Homeowner · Buena Park, CA · Member since 2021 · 32 posts · 20 votes
    5y

    Thanks for that insight @David Frandsen

  • Homeowner · Buena Park, CA · Member since 2021 · 32 posts · 20 votes
    5y
    Thanks David.
Join the conversationCreate a free account to reply, vote on answers and follow this thread.