All Forum Posts by: Christian Nielsen

@Sydney Sherman I disagree with the city's stance that a JADU is only allowed on a single family zoned property. My reading of AB68 is that a JADU is allowed in existing single family residences regardless of zoning. I have passed text below of the bill.

(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.(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.

@Alan Rudy You are correct about allowing at least one conversion ADU in multi-family. See the text from the bill below.

(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 shall allow up to 25 percent of the existing multifamily dwelling units.

If either of you are hitting a wall with the city because they are not interpreting the law properly, you can contact HCD to get clarification. We have done this a few times with some ADU projects and gained a favorable response.

Good luck! 

@Flora Nguyen the podcast that @Account Closed was mentioning was #373 the guest was @lee Ripma. It was a great podcast with some interesting information.

Additionally, I agree with almost all of what @Sean Jones posted. Some architects are solely interested in aesthetics, but not all. My feeling, as an architect, is that function, cost and value are just as important as aesthetics. Otherwise, nothing would get built...

Good luck with your project and reach out to me directly if you want to discuss it.

@Ashish Singhal

It's hard to give you advice on this because we don't have the benefit of seeing what changes you are making. But I'll give you this advice, do the changes that you are planning to make to the house worth the added time/ money of the permitting process? If yes, go for it. If no, work with your architect to find other solutions that provide similar results without making the extensive changes that require the different permit process. Good luck.

@Account Closed Congratulations on your ADU build! Looking forward to seeing more photos along the way.

@Ashish Singhal I’m an architect in Santa Cruz and we do work in all of the Bay Area. Please message me if you’d like to talk further. 

I’ll provide my opinions to your post and specific questions below.

500 square feet seems like a reasonable size for adding a new suite. It somewhat depends on where you add it on to the existing house and how the spaces flow together. 

I like the approach your real estate agent provided, but possibly because I’m an architect :)

What I would add to that is it’s important to dial in your budget right away. I like to bring contractors into the project early on in the process. Sometimes even before we start to design anything. Upfront you can identify a contractor that you’ll use or pay a contractor for their time to provide initial budgets and then send the project out for bids. I’m a believer in paying people for their time because you have a higher probability in getting useful information. 

1. Architects costs can vary greatly. I would expect that you’d be looking in a range of 8-15% of construction cost. The range is dependent on the scope of work and the level of service they provide. When considering an architect, evaluate the value rather than the cost. The value is tied to your specific priorities (time/ quality/ customization).

2. it’s hard to provide good budget numbers without knowing your project intimately. But, I’d say for construction in the Bay Area, you’re looking at about $400/SF for the addition, about $20k per bathroom and around $60k for the kitchen. Your expected level of finish and taste for materials can push these numbers around greatly, which is why involving a contractor during the design process is important. 

3. I don’t have any specific information about permitting in Santa Clara for residential projects. You can best find that out by calling the building department. 

4. I think you’re on the right track with asking questions of professionals and people with experience in remodeling. In my opinion, adding an architect and contractor to your team early on will greatly benefit your goals.

Good luck!

@Garrett Tjoe

My understanding is that you do not need separate utilities if the ADU is added to a lot with an existing Single Family Residence (SFR). New utilities may be required if the ADU is built in conjunction with a new SFR.

Here is text taken from the HOUSABLE website for Oakland:

Utility Connections

Category One: No new or separate utility connection shall be required.

Category Two: A new or separate utility connection may be required, but the connection fee or capacity charge shall be proportionate to the burden of ADU on the water or sewer system.

Here are definitions of the ADU categories from the City of Oakland website:

• CATEGORY ONE ADU: Involves either conversion of space within an existing Single-Family Dwelling, or conversion or rebuild of an existing accessory structure; includes no expansion of the existing building envelope other than up to 150 sq. ft. for purposes of accommodating ADU access and egress only.
• CATEGORY TWO ADU: Involves construction of a new detached or attached structure, including an exterior addition to an existing structure to accommodate the ADU, in conjunction with a proposed or existing Single-Family dwelling.

It seems that Oakland is making things confusing with the language they are using, but I still believe that my original interpretation is correct based on the State Assembly Bill. 

Here is the specific language from Assembly Bill No. 68:

a local agency, special district, or water corporation shall not require the applicant to install a new or separate utility connection directly between the accessory dwelling unit and the utility or impose a related connection fee or capacity charge, unless the accessory dwelling unit was constructed with a new single-family home.

If the Planning Department is telling you that you need separate utilities and you're adding an ADU to a lot with an existing SFR, refer them to the above language from AB 68. Good luck and let me know how it goes. If I'm wrong, please let me know so I can learn more about it.

Best,

@Sothea K. The JADU requires a deed restriction to be recorded with the permitting agency. In Santa Cruz, for example, there is a rental inspection program. So the JADU would be enrolled into the program and the city inspects on some regular basis. I’m not sure how LA handles it. You should check with your local planning department.

@Jeff Cliff a single family residence can only have one ADU. But you are allowed an ADU and JADU. So, if you plan to add an ADU in the future, I would recommend just creating the JADU now. If you don't want to reduce the size of your current JADU, see if you can allocate any of that square footage to the main residence. For example, the JADU is allowed to share a bathroom with the main residence. Maybe you can consider the bathroom as part of the main house if it has door access to the house or access through a common hall. In reality you would keep the door locked from the house to maintain privacy.

Another thing to consider with the JADU is that it requires owner occupancy on the property. This is different from the ADU which does not require owner occupancy. If you plan to move out and rent the property, you will not be able to have a JADU.

I believe it is possible to sell the ADU from the main residence (SFR or Multi-family), if you are a qualified non-profit creating low-income housing. Look up AB 587. It must be deed restricted and sold to qualified home buyers through a tenancy-in-common agreement.

I do not have any personal experience with this but I’m sure there are companies in Southern California that you could talk with.

@Alice Chau I don't have specific information about ADUs in Milpitas, but I do have experience with them in Santa Cruz, and since the new California ADU laws were enacted at the beginning of this year most jurisdictions are the same. Although, some jurisdictions have made their ordinances even more lenient than the state law to encourage the construction of ADUs.

I believe a duplex is considered multi-family, at least that is how Santa Cruz defines them. This is important because the law around multi-family is different than single-family. With multi-family, you are allowed to add 2 new construction ADUs AND convert any existing non-habitable structure into conversion ADUs at a rate of 25% to the existing units on the property. For example, an existing 100 unit multi-family property with tuck under parking could add 2 new ADUs and 25 conversion ADUs into the existing parking spaces. Additionally, there is no parking requirement ADUs and any parking that is converted into ADUs does not need to be replaced.

So, for your duplex, if you wanted to fully maximize the property, you could add 2 new ADUs and convert a garage (if you have one) into an ADU. You'd go from a 2 to a 5 unit property!

In terms of cost, you should check with a local builder with experience in ADUs and check with the building department about permit fees.

I don't have any info about rental rules in Milpitas, but a real estate agent could help you with that.

Good luck!