All Forum Posts by: Account Closed

Great question! I haven't read anything addressing that yet but it obviously will need to be ironed out at some point. There are still several outstanding issues needed to be resolved by HCD as a result of the new 2020 bills that we're still waiting on (e.g. the discrepancy between the 800 & 850 sq ft min ADU size used in the legislation)

Hi everyone, I just want to clarify that while owner occupancy is not required for ADUs built within the next 5 years, JADUs are the exception (with a few exceptions) per Section 65852.22:

“(2) [JADUs] 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.”

This applies statewide

Hi Andy, do you already have plans submitted to the city? I'm in the Bay Area not far from you and in the process of converting our garage to an ADU. Message me if you need contractor referrals and a good lender for a HELOC.

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After the 5 year period, the bill will be up for review and, if repealed, those who have built ADUs during the reprieve will be grandfathered in to the no owner occupancy requirement.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!

Also (just in case it applies to you), no parking will be required in 2 more instances:

•The ADU is located within an architecturally and historically significant historic district

•When there is a car share vehicle located within one block of the ADU

Hi Tess,

Here are the new CA state laws (beginning tomorrow!) regarding ADUs & parking requirements:

No replacement parking for the main house is required if you convert a garage.

No parking is required for an ADU, period, if it is within a half mile walk of transit.

Happy New Year!

@Jeff Cliff, you will need to confirm with your local jurisdiction as to allowing 2nd story ADUs as this varies across jurisdictions and can be imposed by a local over the state. For example, in some cities here in the Bay Area, 2nd stories are banned on Eichler homes but generally allowed elsewhere in the same city. Also, in the city I reside in, 2nd story ADUs are very controversial due to privacy concerns and so the city has imposed height & size restrictions, prohibited balconies & decks, restricted location of exterior stairs, requiring opaque windows and the like.

To start, I would suggest an architect who has experience with ADUs who is familiar with the variances of your jurisdiction.

Good luck!

I’m not sure what you mean by “attach it”?