JADU attached to an ADU in California 2020
Member since 2018 · 1 post · 2 votes
Hi,
Does anyone have any experience with attaching a JADU to a newly constructed ADU? Does the JADU have to be attached to the primary dwelling?
Your input will be greatly appreciated.
Hi Sue,
Apparently, one of the reasons the owner occupancy 5 year reprieve was put into the bill was to help address concerns about a run of big investors coming in and snapping up SFRs and building ADUs affecting the character of neighborhoods.
After the 5 year period, the bill will be up for review and, if repealed, those who have built ADUs during the reprieve will be grandfathered in to the no owner occupancy requirement. All the more reason for folks to build now if they’re on the fence!
Robert, take a look at this site. They seem to have a good deal of information on getting both a JADU and ADU. It seems to be the best resource I have come across so far.
Robert, take a look at this site. They seem to have a good deal of information on getting both a JADU and ADU. It seems to be the best resource I have come across so far.
The only thing I have a problem with in SB 13 is the 5 year only reprieve from owner-occupied requirements for ADUs. What happens after five years? So, let's say I have a single family dwelling that's a rental and I want to add an ADU on the lot. The new bill says a city can't require me to live on the property - but that goes away after 5 years. So, why would any smart investor bother to add an ADU to a rental, if they end up either being required to move into one of the units or leave one vacant after 5 years? I really don't understand why that was put into the bill like that.
Hi Sue,
Apparently, one of the reasons the owner occupancy 5 year reprieve was put into the bill was to help address concerns about a run of big investors coming in and snapping up SFRs and building ADUs affecting the character of neighborhoods.
After the 5 year period, the bill will be up for review and, if repealed, those who have built ADUs during the reprieve will be grandfathered in to the no owner occupancy requirement. All the more reason for folks to build now if they’re on the fence!
Thanks for the information! This is a great resource because local city planning departments and building officials are very hard to work with sometimes.
In cities where ADU's have a history there has been no over-saturation of them, which is why there was no heartburn by legislators to amend the bill with a sunset provision to the issue.
Thirty years ago in my city developers were allowed to knock down a SFR and replace it with a three-story 8 unit behemoth with vastly insufficient parking. Whole neighborhoods were ruined, with little to no concern shown by the developers. I don't blame any city for preferring the owner-occupancy requirement. Makes perfect sense given our history.
Hi - I am submitting to the city a new ADU and JADU in January, where this new construction will be one separate structure from primary structure (both units). Along the lines of what you are asking. I have confirmed the HCD will back me up on this. Although I may be fighting a bit with city. We shall see.
I am applying within the requirements defined in government code 65852.2 / (e)(1)(B).
Text Below:
(e) (1) Notwithstanding subdivisions (a) to (d), inclusive, a local agency shall ministerially approve an application for a building permit within a residential or mixed-use zone to create any of the following:
(A) One accessory dwelling unit or junior accessory dwelling unit per lot with a proposed or existing single-family dwelling if all of the following apply:
(i) The accessory dwelling unit or junior accessory dwelling unit is within the proposed space of a single-family dwelling or existing space of a single-family dwelling or accessory structure and may include an expansion of not more than 150 square feet beyond the same physical dimensions as the existing accessory structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress.
(ii) The space has exterior access from the proposed or existing single-family dwelling.
(iii) The side and rear setbacks are sufficient for fire and safety.
(iv) The junior accessory dwelling unit complies with the requirements of Section 65852.22.
(B) One detached, new construction, accessory dwelling unit that does not exceed four-foot side and rear yard setbacks for a lot with a proposed or existing single-family dwelling. The accessory dwelling unit may be combined with a junior accessory dwelling unit described in subparagraph (A). A local agency may impose the following conditions on the accessory dwelling unit:
(i) A total floor area limitation of not more than 800 square feet.
(ii) A height limitation of 16 feet.
(C) (i) Multiple accessory dwelling units within the portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings.
(ii) A local agency shall allow at least one accessory dwelling unit within an existing multifamily dwelling and may shall allow up to 25 percent of the existing multifamily dwelling units.
(D) Not more than two accessory dwelling units that are located on a lot that has an existing multifamily dwelling, but are detached from that multifamily dwelling and are subject to a height limit of 16 feet and four-foot rear yard and side setbacks.
(2) A local agency shall not require, as a condition for ministerial approval of a permit application for the creation of an accessory dwelling unit or a junior accessory dwelling unit, the correction of nonconforming zoning conditions.
(3) The installation of fire sprinklers shall not be required in an accessory dwelling unit if sprinklers are not required for the primary residence.
(4) A local agency shall require that a rental of the accessory dwelling unit created pursuant to this subdivision be for a term longer than 30 days.
(5) A local agency may require, as part of the application for a permit to create an accessory dwelling unit connected to an onsite water treatment system, a percolation test completed within the last five years, or, if the percolation test has been recertified, within the last 10 years.
(6) Notwithstanding subdivision (c) and paragraph (1) a local agency that has adopted an ordinance by July 1, 2018, providing for the approval of accessory dwelling units in multifamily dwelling structures shall ministerially consider a permit application to construct an accessory dwelling unit that is described in paragraph (1), and may impose standards including, but not limited to, design, development, and historic standards on said accessory dwelling units. These standards shall not include requirements on minimum lot size.
@Robert Toste, JADU has to be within the primary residence area, with max of 500 sqft in size. You can expand up to 150 sqft for this 500 sqft to accommodate for ingress/egress purposes only. So when you build a detached ADU, you can't have an JADU as part of the new build. You have to convert at least one of the existing bedroom of your main house toward the space allotted for the JADU.
Each city should now have some type of "ADU check list" as part of the planning process. Itemized and pretty clear. Try it out. :)
The way I read it the JADU does not have be attached to the primary structure as of Jan 1. Refer to the link below for an overview on the changes. You can search for "junior" to quickly find the information you're looking for. For additional detail you can look at AB-68.
A JADU is by definition attached to the main building. Here is the code section that defines an JADU:
One thing to note, I do believe that the owner-occupancy requirement no longer applies to JADU's per AB881 but I would like to hear someone chime in on that.
(a) Notwithstanding Section 65852.2, a local agency may, by ordinance, provide for the creation of junior accessory dwelling units in single-family residential zones. The ordinance may require a permit to be obtained for the creation of a junior accessory dwelling unit, and shall do all of the following:
(1) Limit the number of junior accessory dwelling units to one per residential lot zoned for single-family residences with a single-family residence built, or proposed to be built, on the lot.
(2) Require owner-occupancy in the single-family residence in which the junior accessory dwelling unit will be permitted. The owner may reside in either the remaining portion of the structure or the newly created junior accessory dwelling unit. Owner-occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization.
(3) Require the recordation of a deed restriction, which shall run with the land, shall be filed with the permitting agency, and shall include both of the following:
(A) A prohibition on the sale of the junior accessory dwelling unit separate from the sale of the single-family residence, including a statement that the deed restriction may be enforced against future purchasers.
(B) A restriction on the size and attributes of the junior accessory dwelling unit that conforms with this section.
(4) Require a permitted junior accessory dwelling unit to be constructed within the walls of the proposed or existing single-family residence.
(5) Require a permitted junior accessory dwelling to include a separate entrance from the main entrance to the proposed or existing single-family residence.
(6) Require the permitted junior accessory dwelling unit to include an efficiency kitchen, which shall include all of the following:
(A) A cooking facility with appliances.
(B) A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.
(b) (1) An ordinance shall not require additional parking as a condition to grant a permit.
(2) This subdivision shall not be interpreted to prohibit the requirement of an inspection, including the imposition of a fee for that inspection, to determine if the junior accessory dwelling unit complies with applicable building standards.
(c) An application for a permit pursuant to this section shall, notwithstanding Section 65901 or 65906 or any local ordinance regulating the issuance of variances or special use permits, be considered ministerially, without discretionary review or a hearing. The permitting agency shall act on the application to create a junior accessory dwelling unit within 60 days from the date the local agency receives a completed application if there is an existing single-family dwelling on the lot. If the permit application to create a junior accessory dwelling unit is submitted with a permit application to create a new single-family dwelling on the lot, the permitting agency may delay acting on the permit application for the junior accessory dwelling unit until the permitting agency acts on the permit application to create the new single-family dwelling, but the application to create the junior accessory dwelling unit shall still be considered ministerially without discretionary review or a hearing. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay. A local agency may charge a fee to reimburse the local agency for costs incurred in connection with the issuance of a permit pursuant to this section.
(d) For purposes of any fire or life protection ordinance or regulation, a junior accessory dwelling unit shall not be considered a separate or new dwelling unit. This section shall not be construed to prohibit a city, county, city and county, or other local public entity from adopting an ordinance or regulation relating to fire and life protection requirements within a single-family residence that contains a junior accessory dwelling unit so long as the ordinance or regulation applies uniformly to all single-family residences within the zone regardless of whether the single-family residence includes a junior accessory dwelling unit or not.
(e) For purposes of providing service for water, sewer, or power, including a connection fee, a junior accessory dwelling unit shall not be considered a separate or new dwelling unit.
(f) This section shall not be construed to prohibit a local agency from adopting an ordinance or regulation, related to parking or a service or a connection fee for water, sewer, or power, that applies to a single-family residence that contains a junior accessory dwelling unit, so long as that ordinance or regulation applies uniformly to all single-family residences regardless of whether the single-family residence includes a junior accessory dwelling unit.
(g) If a local agency has not adopted a local ordinance pursuant to this section, the local agency shall ministerially approve a permit to construct a junior accessory dwelling unit that satisfies the requirements set forth in subparagraph (A) of paragraph (1) of subdivision (e) of Section 65852.2 and the requirements of this section.
(h) For purposes of this section, the following terms have the following meanings:
(1) “Junior accessory dwelling unit” means a unit that is no more than 500 square feet in size and contained entirely within a single-family residence. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure.
(2) “Local agency” means a city, county, or city and county, whether general law or chartered.
(Amended by Stats. 2019, Ch. 655, Sec. 2. (AB 68) Effective January 1, 2020.)
Whether or not a JADU has to be built within the existing primary home hinges on interpretation of (i) and (iv):
Because it says "or accessory structure" this opens the door for converting garages. Then the question becomes what does it mean to comply "with the requirements of Section 65852.22. Well, that section specifies that the JADU has to be within the primary home and does not mention accessory structures. But "requirements" may refer to the physical requirements (e.g. size of no more than 500 sq. ft., must have an efficiency kitchen, etc), not to its location within the property. And plenty of people have been interpreting this to mean garage conversions to JADUs are allowed.
anybody has sample of ADU and JADU floor plan ? so it's clear what's allowed and not allowed.
@Boris Suchkov I agree with you that it is not clear whether a JADU has to be attached or now. I would love to know if anyone has approved plans for a JADU not attached to the main structure.
Hi Sue,
Apparently, one of the reasons the owner occupancy 5 year reprieve was put into the bill was to help address concerns about a run of big investors coming in and snapping up SFRs and building ADUs affecting the character of neighborhoods.
After the 5 year period, the bill will be up for review and, if repealed, those who have built ADUs during the reprieve will be grandfathered in to the no owner occupancy requirement. All the more reason for folks to build now if they’re on the fence!
There is zero guarantee of being grandfathered into this. What the bill says is that after 5 years, local jurisdictions can make up their own rules. If the new rules say that an owner must occupy the property - that's the new law. It's totally up to the local jurisdictions as to whether or not they want to allow non occupied ADUs after the 5 years is up.
It's wishful thinking to think otherwise and it's really bad advice (not saying you're doing it) for any realtor to tell any buyers who don't intend on living in the property not to worry about this.
I know some realtors are loving this and using this as a selling point, but they should beware of being sued down the line for potentially misinforming buyers. I'm just saying realtors better find where in the law it says that this will be grandfathered in - and it's not there. I read it.
You're right that this was probably put into the bill because local jurisdictions are worried about investors coming in and building ADUs and affecting the character of neighborhoods, and this bill gives investors 5 years to prove local jurisdictions wrong. But, if they weren't wrong, this bill gives them a way to end it. Hence, I really wouldn't count on anything being grandfathered. This is apparently all about letting local jurisdictions undue this, if they don't like the results after 5 years.
Again, realtors just really need to be really clear about this law and the potential that this will not be grandfathered in - when they're selling this new law to buyers who are counting on their words about it being grandfathered in. Because this is not guaranteed in the new law.
anybody has sample of ADU and JADU floor plan ? so it's clear what's allowed and not allowed.
Depends on the jurisdiction. The only thing the new law says is you only need a 4 foot clearance from the fence and you don't need extra parking if you convert a garage, from my understanding. Check with the building department in your jurisdiction.
I am in the same boat, I have a 420 sqft detached garage. So I had to build an ADU 1200 sqft over my garage, I have certificate of occupancy. Now I am told by city that you cannot convert the detached garage into a JADU but.... if you have a attached garage then you can build 1200sqft ADU + convert your existing garage as JADU. Wait... so I am penalized because I have a detached garage?
the only way I can get a JADU is by applying for a new building extension get it permitted and then apply to convert it back to JADU.
How can we get something in writing from California Housing department what can be done and what cannot be done? Which State representative do we need to contact?
That's my original question as well. I've checked some ADU folks and nobody understands what that means and what's allowed and not allowed. So if it's a detached garage, expanding it will make it as a JADU ? I thought it will be designated as ADU.
I got a response regarding JADU
Our ordinance includes this limitation on where a JADU may be located. Carports are not within the walls of the residence, and neither are detached garages. For these reasons, if you want to convert a portion of your home into a JADU, it has to be within the house. You mention constructing a new second story to accommodate the JADU – only 150 square feet of new construction is allowed to facilitate ingress and egress for JADU conversions. JADU’s are meant to be a conversion of part of the main house, and not meant to be new construction. In order to do this, you would need to apply to build the 2nd story first, connected to the main home, then once the permit is finaled, you would apply to convert up to 500 square feet of that space into a JADU with a separate entrance.
Hope this helps.
You would need to submit plans for the second story, go through plan check, get a permit, build, have that permit finaled, then come back to us with the plans to convert.
One thing I want to make clear is that the new addition must be interior connected to the house, but in order to qualify as a JADU when converted, will need an additional entry. You could provide both with the addition, then seal off the interior connection and only use the additional entry when converted.
So if you want to expand the detached garage, the city is designated the construction as ADU+JADU. Basically there're only two possibilities:
(1) convert detached garage (as ADU)
(2) expand the garage (as JADU+ADU)
But if you go to route (2), then it has to be owner occupied. I'll face the same issue next month, lets see how it goes :)
It's actually strange that they formally allow 2BR/2BA in CA ADU, but the process to build 2BR is so complicated where it is almost doesn't make sense to build one.
My interpretation is that the JADU must be in the existing, permitted square footage of the main dwelling. Approved plans will tell for sure, but this is all up to your local governing body's interpretation.
I'm building a 1000 sq ft 3 bed 2 bath detached ADU and my strategy on this is to design with the possibility to split this into 2 units 1/1 units (by replacing a bedroom with a kitchen) or a 2/1 + studio (by adding a kichenette to the master). My plans are most symetrical so I can split the ADU in half with each side getting a bathroom. I'm also having french doors to each of the bedrooms for separate access to the outside and making sure my plumbing is close by if I need to add another kitchen or kitchenette.
Another thing to check if you can get freddie / fannie lending on a property with 2 accesory dwelling units. Would hate to do that work and not be able to refi or sell using standard loans.
Hi Robert! Per AB-68 it reads as follows:
(A) One accessory dwelling unit and one junior accessory dwelling unit per lot with a proposed or existing single-family dwelling if all of the following apply:
(i) The accessory dwelling unit or junior accessory dwelling unit is within the proposed space of a single-family dwelling or existing space of a single-family dwelling or accessory structure and may include an expansion of not more than 150 square feet beyond the same physical dimensions as the existing accessory structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress.
According to this excerpt and the section I have bolded, you may have an attached JADU to an ADU within the space of an accessory unit (essentially your ADU). The limitations are you may not add more then 150 sqft. if you plan to expand the ADU for the JADU purpose, and the law limits you to 50% or 500sqft. for the JADU.
Hope this helps!
I found this on the HCD site under "Accessory Dwelling Unit Technical Assistance memo" dated January 10, 2020:
The above memo seems to settle the question of what happens after 5 years regarding the owner-occupancy:
a local agency shall not impose an owner-occupant requirement on an accessory dwelling unit permitted between January 1, 2020, to January 1, 2025, during which time the local agency was prohibited from imposing an owner-occupant requirement
We just need someone that has successfully built JADU and share the floor plan.
My local jurisdiction imposes an owner occupancy requirement on JADU's but not ADU's, even in the case of an internal ADU that could be a JADU due to overlapping definitions.
ADU's are exempt from rent control and thus fixed term rental contracts are possible. But if you build a JADU plus an ADU, the local rent control agency intends to declare that it's now a triplex, and all three units (the main, JADU and ADU) are controlled, and fixed term leases are not enforceable.
My local jurisdiction imposes an owner occupancy requirement on JADU's but not ADU's, even in the case of an internal ADU that could be a JADU due to overlapping definitions.
ADU's are exempt from rent control and thus fixed term rental contracts are possible. But if you build a JADU plus an ADU, the local rent control agency intends to declare that it's now a triplex, and all three units (the main, JADU and ADU) are controlled, and fixed term leases are not enforceable.
Even as a triplex, because it is new, it is exempt from the rent control regulation. Excluding new housing from the rent control regulation was intentional to encourage building new housing. It would be contrary to the goal of the rent control regulation yo include new housing. New housing is necessary if housing costs are to stabilize.
@Dan Heuschele : no, sorry. My jurisdiction has narrow views of what constitutes new. Yes a completely new build on an empty lot would count, but not something that involves adding to an existing building. This jurisdiction even has units that are 2/3 under rent control, because they defined part of it as pre-existing.