All Forum Posts by: Michael Frost

Dan- you are correct.  Great response by the way.  Exactly the way i think.

I am working with HCD and Greg.  Although they need attorney general formal opinion- and that is weeks away.   I do have a five page response to their current policy- and HCD is part of that document.  We shall see. 

So if you look on LAUSD website: https://achieve.lausd.net/Page/14339  the ladies names are Sonya and/or Natalie  But i think you are up at about $4.00 per square ft.

The other fees?  Yes.  It is tremendously all over the board.  Why?  Because all these different special districts and jurisdictions etc.  For me- I do think your best option is calling someone good at the city.  They should be able to list out all the different fees.

There is tremendous cost savings if you can keep under 750 square ft.  But if you need 1200- I really would expect to be up near 6-10k

FYI -  Prop 13 would not have anything to do with your impact fees / permit fees.

And to be clear on school fees-  If i am correct - your school fees would also be 80% of (1200 x $3.5) = $3360.  But at this time (at least my school district is saying that school fees are exempt from the new law)  so if they are correct = 100% of (1200 x $3.5) = $4200

ok- I believe your impact fees (not permit fees) but rather the impact fees which are used to offset the additional infrastructure usage would be this below:

1)  For school district:  (Depends on your specific district).  What is yours?  Approximately $3.50 x 1200 = 

2) For all other impact fees applied by your city. (parks, transportion, etc) (what city?) Each of these impact fees will be the portion of ADU vs. the existing structure. So 1200 / 1500 = 80% So you will most likely pay 80% of all the normal developer impact fees for everything else.

Make sense?

I am currently battling with the local school district here in Orange County. Capistrano Unified School District. Their interpretation of the new ADU laws don't match up with the intent of the legislation. They are attempting to impose their latest developer fee rate of $4.08 per square ft, even on designs less than 750 square ft.

Any thoughts?  HCD currently agrees with me that the fees do not apply- although they have no leverage against specific school districts.

What? For all ADU's? 2019 CBC requires all detached new construction to have solar. I am building a detached right now and eating $3500.00 worth of up front costs

The actual land use code is GOV.65852.2(f)(3).  The HCD has created this summary sheet for their interpretation.  Basically - all developer impact fees from a local agency (city, county,special district, water corporation) are removed if under 750 square ft.

"(3) (A) A local agency, special district, or water corporation shall not impose any impact fee upon the development of an accessory dwelling unit less than 750 square feet. Any impact fees charged for an accessory dwelling unit of 750 square feet or more shall be charged proportionately in relation to the square footage of the primary dwelling unit."

I thought i would reply to this, although I am on this website to search for any answers to school fees.  (which is what Mattian is referring to).

Currently- I am in an argument with Capistrano Unified School District.  $4.08 per square ft.

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.