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California Real Estate Q&A Discussion Forum

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Paul Wolfson
  • Los Angeles, CA
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Santa Clarita ADU Laws

Paul Wolfson
  • Los Angeles, CA
Posted Feb 9 2020, 22:11

Hello everyone. 
I'm looking to buy a SFH in Santa Clarita and build a new ADU in the back yard. To be clear, I'm not talking about converting a detached garage. I'm talking about new construction of ADU in the back yard.

Unfortunately most of Valencia is HOA controlled, so I'm looking at Saugus which has no HOA. My question probably touches upon Zoning and perhaps some new 2020 laws that went into effect.
Am I allowed to build a new ADU in Saugus?

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Andrew Aladjadjian
  • Rental Property Investor
  • Los Angeles, CA
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Andrew Aladjadjian
  • Rental Property Investor
  • Los Angeles, CA
Replied Feb 10 2020, 08:13

Hi Paul!

Although individual cities may impose slight adjustments to the law, STATE law allows you to build an ADU on a property if it is zoned for Single Family Dwelling or Multi Family Dwelling. A property which has an HOA would not allow you to build an HOA because it may not be zoned properly and because the HOA has its own rules within those projects (not to mention lot size limitations).

Short answer is, as long as you purchase a property with the proper zoning, you may build a new ADU within regulations of the law.

Hope this helps!

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Dan Schweit
  • Lender
  • Santa Clarita, Ca
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Dan Schweit
  • Lender
  • Santa Clarita, Ca
Replied Feb 10 2020, 09:24
  • Might want to check this out.
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Naren Gunasekera
  • Moorpark, CA
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Naren Gunasekera
  • Moorpark, CA
Replied Sep 9 2020, 16:53

I'm late to this party but note that Civil Code Section 4751 renders covenants, conditions and restrictions (CC&Rs) that prohibit or unreasonably restrict the construction of an ADU or JADU on a lot zoned for single-family residential use void and unenforceable. This was an update to the State Law on ADUs that went into effect this year to prevent HOAs from stopping you from building an ADU. Note that this may need to be tested in the courts.

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Andrew Maxion
  • San Francisco Ca
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Andrew Maxion
  • San Francisco Ca
Replied Sep 13 2020, 17:40

Hi @Paul Wolfson,

Beginning this year, Gov. Newsom passed a series of bills that relaxed regulations for ADU building! One of the new bills ,sb-670, states HOA can not stop you from building an ADU. Here is a link for reference: https://www.nolo.com/legal-updates/owners-of-california-properties-governed-by-hoa-may-no-longer-be-prohibited-from-building-accessory-or-junior-unit.html

Another thing to note, if the city/county says otherwise, these new CA state laws supersedes local regulations. Huge win, as CA itself is suffering from a housing shortage and thankfully with these new laws homeowners/investors can now start building.

Hope this helps and glad to discuss more!

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Tunde McConnell
  • Real Estate Agent
  • Carlsbad CA
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Tunde McConnell
  • Real Estate Agent
  • Carlsbad CA
Replied Nov 5 2020, 07:22

@Paul Wolfson I see your post is from 9 months ago, and would like to find out if you were able to purchase your new property and build the ADU. I'm in the process of doing the same in Newhall. I bought my single family unit in 2012, the main house is 2121 sqft on a 12,000 sqft lot. My plan is to add a detached 750 sqft 2br/ 1bath unit and separate the yard space. Any contractors or architects you could recommend?

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Paul Wolfson
  • Los Angeles, CA
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Paul Wolfson
  • Los Angeles, CA
Replied Nov 5 2020, 07:44

@Tunde McConnell I looked into it, and talked with the city and several contractors. The general feedback is that it’s possible, but there are a lot more hurdles in Santa Clarita than any other city they have seen. I’ve moved on and looking at easier locations in the San Fernando valley.

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Brett D.
  • New to Real Estate
  • Los Angeles, CA
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Brett D.
  • New to Real Estate
  • Los Angeles, CA
Replied Nov 5 2020, 08:50

@Paul Wolfson thanks for adding follow up. You mind giving more insight on the hurdles you learned about?

How's it looking in SFV?

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Tunde McConnell
  • Real Estate Agent
  • Carlsbad CA
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Tunde McConnell
  • Real Estate Agent
  • Carlsbad CA
Replied Nov 5 2020, 15:10

@Paul Wolfson I'm not seeing the extra hurdles due to the location quite yet, but I just started the process. I know approval takes a minimum of 120 days but with the recent changes in regulations, even properties with HOA's are allowed to build up to 50% of the main unit. If you could share your experiences with the city it would be highly appreciated!

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Paul Wolfson
  • Los Angeles, CA
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Paul Wolfson
  • Los Angeles, CA
Replied Nov 5 2020, 15:41

I spoke with the city hall and office of planning and development and was told the same thing by both of them in that certain districts are requiring environmental studies to be done. They also gave me a laundry list of requirements needed to get approval. I don't recall what the details were, all I recall is that this list of requirements was not there when I went to Van Nuys office of planning and development. Lastly, an HOA I dealt with in Santa Clarita threatened legal action if I were to build an ADU. Although I know I would likely prevail due to the new CA laws that were passed in 2019, it's just not worth the hassle.

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Tunde McConnell
  • Real Estate Agent
  • Carlsbad CA
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Tunde McConnell
  • Real Estate Agent
  • Carlsbad CA
Replied Nov 5 2020, 15:46

@Paul Wolfson many thanks for your input, I will be getting their long laundry list next week :). Good luck in Van Nuys, it's a fantastic rental market being so close to LA and Burbank.

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Matthew Smith
Pro Member
  • Investor
  • Santa Clarita
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Matthew Smith
Pro Member
  • Investor
  • Santa Clarita
Replied Nov 28 2020, 14:55

@Tunde McConnell, I'd love to hear updates as you progress. My wife and I are looking to put in an ADU in Newhall. We have a Boxabl reserved and want to get underway when that is ready. It would be helpful to know how challenging it was.

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Tunde McConnell
  • Real Estate Agent
  • Carlsbad CA
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Tunde McConnell
  • Real Estate Agent
  • Carlsbad CA
Replied Nov 28 2020, 17:30

@Matthew Smith Hi Matt, I’m currently in the design phase of the build. Depending on how long the permitting process will take with the city, but I’m hoping to break grounds by Spring. I will periodically post some updates on the learning curves I run into :). 

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Matthew Smith
Pro Member
  • Investor
  • Santa Clarita
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Matthew Smith
Pro Member
  • Investor
  • Santa Clarita
Replied Nov 28 2020, 22:28

 Thanks for the update!

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Adam Endeman
  • Santa Clarita
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Adam Endeman
  • Santa Clarita
Replied Jan 23 2023, 13:53
Quote from @Tunde McConnell:

@Paul Wolfson many thanks for your input, I will be getting their long laundry list next week :). Good luck in Van Nuys, it's a fantastic rental market being so close to LA and Burbank.

Hi Tunde!  Ok, a few years old of a thread but I’m definitely interested in how things played out…were you able to find success with the ADU in the end?