California’s ADU Laws: Major Changes and How They Affect You – The Good Men Project

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As we grapple with a tough housing pinch, California is once again shaking things up with new rules meant to boost housing through what’s called Accessory Dwelling Units (ADUs). Starting early in 2024, Governor Gavin Newsom has signed off on a few fresh bills that make it easier than ever to put up ADUs all over the state. These changes are a big deal—they mean folks can build ADUs more simply, which might help take the edge off the housing shortage by offering more homes that don’t cost an arm and a leg. Here’s the scoop on ADU Legislation: ADUs, or Accessory Dwelling Units, are cozy little homes that sit on the same property as a regular, standalone house.

They can cling to the side of your main house, like above the garage, or be their own little pad out back. They’re super handy for squeezing in more family members, letting homeowners snag some extra rental cash, or just bumping up the number of places people can live without making the neighborhood look any different. California has been all about ADUs for a while now, using them as a secret weapon to tackle the housing crisis.

Back in 2017 and 2019, the state passed some key ADU laws that knocked down a bunch of hurdles and made it quicker to get ADUs up and running. These moves really kicked ADU building into high gear across California. But even with these advances, there were still some pesky issues hanging around that made things tougher for homeowners. The 2024 leg session has rolled out some big tweaks to ADU rules to make whipping up these units quicker, simpler, and more versatile. Here’s a breakdown of the key updates from AB 221 and SB 897:

AB 221 – Broadening the Horizon for ADU Development

AB 221 is shaking things up by loosening the tight grip on space rules for ADUs. One of the coolest changes? They’re bumping up the height limits, paving the way for two-story ADUs.

This means local rules have got to follow the new playbook which sets a base height of 16 feet for ADUs, but there’s room to stretch that depending on where you are:

  • If it’s hitched to your main house, you can go as tall as 25 feet.
  • Sitting within half a mile from a bus or train stop? You can build up to 18 feet.
  • If your lot hosts a two-story multi-family building, 18 feet is also okay.
  • For all other spots, the go-to height is 16 feet.

This update isn’t just about adding an extra floor—it’s about opening up more options so more homes can fit these handy extra units, no matter how big the original house is. On top of AB 221, California has also put SB 897 into play, which throws in some extra twists and turns to make building ADUs even smoother. Here’s a peek at what’s new and nifty with this bill:

SB 897 – More Room to Play and Fewer Hurdles

  • Multi-family ADU projects: This part of the bill makes it clear as day how you can add ADUs to both the already standing and the soon-to-be-built multi-family buildings. It’s all about cutting through the red tape and speeding things up.
  • Fire safety tweaks: Now, if you’re adding an ADU, you don’t have to install fire sprinklers in your main house as long as it meets the existing building codes. This is a big relief because it can save homeowners some serious dough and a lot of headaches.
  • Junior ADU (JADU) rules laid out: The bill also tidies up the rules around JADUs. If you’re attaching a JADU to your main house, you don’t need to squeeze in an extra bathroom. Sharing the main house’s bathroom is totally fine.

So, SB 897 is all about giving homeowners more flexibility and shaving off some of the fuss and feathers that used to slow things down. With these changes, it’s like California’s saying, “Go ahead and build those ADUs; we’ve got your back!”

Going deeper into the changes rolling out in 2024, here’s a closer look at a couple of crucial tweaks that are real game-changers for anyone looking to build an ADU in California:

The 60-Day Rule Shake-Up

One major upgrade with AB 221 is all about speeding up the approval process. Before, local authorities had 60 days to give a thumbs up or down on ADU applications. But let’s be real, when there’s a mountain of paperwork, many apps just get denied because the clock ran out.

The new rule changes the game: now, if they’re going to say no, they need to give you a solid reason why, detailed feedback that goes beyond “Sorry, we ran out of time.” This ensures that rejections are fair and based on real issues, not just deadline drama.

New Rules on Front Setbacks

For smaller ADUs—those under 800 square feet—the new legislation has also adjusted front setback rules. Basically, these rules used to say how far your ADU needed to be from the front of your property, which could really limit where you could build. The update says these setbacks can’t stop the construction of an ADU this size. It’s a smart move that lets homeowners make the most of their land, squeezing in housing where it fits best.

These tweaks aren’t just about bumping up the number of ADUs. They’re about making sure these handy units pop up more smoothly and smartly, blending into city landscapes without a hitch.

The fresh twists in California’s ADU regulations are a big deal for both homeowners and real estate developers. By making it easier to get these projects off the ground, the new ADU laws offer homeowners a sweet chance to boost their property’s value and rake in some extra dough from rentals. For developers, the updated, more straightforward rules mean they can roll out ADUs in both new and existing multi-family setups without so much red tape, which could mean faster cash flow.

Additional Legislative Scoops to Check Out

Beyond the headline-grabbers like AB 221 and SB 897, there’s more legislative action jazzing up the ADU scene:

AB 1033 – Making ADUs Their Own Thing

AB 1033 is throwing a pretty interesting pitch by suggesting that ADUs might be sold separately from the main house, kind of like condos. This is a potential game-changer, making home buying more reachable by lowering how much cash you need upfront. It’s handing over the reins to local governments to decide if ADUs can stand solo, which could crack open new doors for folks trying to get into the housing market and investors looking for new opportunities.

These legislative changes are all about giving more power to property owners and sparking more innovative housing solutions in California’s tight market.

AB 976 and AB 916 are bringing even more good news by loosening up some of the stickier rules:

  • AB 976 kicks owner-occupancy requirements to the curb for good. Before, you had to live on the property to have an ADU, but not anymore. This change makes it way easier to use and sell properties with ADUs, giving owners much more freedom.
  • AB 916 makes it simpler to add extra bedrooms to your home, which is great for turning different spaces into legal bedrooms or even full-blown ADUs.

Challenges to Keep in Mind

Even with all these exciting updates, it’s not all smooth sailing. The way these new rules get enforced can be pretty hit or miss, depending on where you live. Local governments might still have a few tough rules of their own that aren’t wiped out by the state’s decisions. If you’re thinking about jumping into an ADU project, you’ve gotta keep your eyes peeled for any local laws that might throw a wrench in your plans.

Wrapping It Up

The 2024 updates to California’s ADU laws are a bold move towards chipping away at the housing shortage by making it easier and more flexible to develop these units. For Californians ready to dive into the ADU game, understanding and using these changes can really pay off, not just in easing housing pressures but also in opening up new financial doors.

If you’re considering building an ADU, it’s a smart move to talk to experts like Levi Construction, who know the ins and outs of both state and local rules. They can offer valuable advice and help you navigate through the process without getting snagged by any tricky regulations.

This post brought to you by Faisal Abbas Sangha

Image by freepik

Image by freepik

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