2020 California ADU and JADU Laws

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2020 California ADU and JADU Laws

JT Goodwin
LA Area · Member since 2019 · 15 posts · 8 votes

Hello BP Family,


I am in escrow for a SFR that has a permitted 432 sq ft ADU on it already. The property does need a good amount of work, but 90% of that work is outside cleanup, dump runs, and new fencing to make it look great. The inside of the ADU looks to be pretty new so it looks like it was redone probably 5 years ago or so. It has its own meter for gas and electric which is awesome. The best part is that I have been reading a lot of the new 2020 California ADU law since I am hoping to expand upon that existing ADU. From what I have read there are no impact fees for an ADU if it is under 750 sq ft.

My main question is on the JADU which cannot exceed 500 sq ft. It sounds like, from what I have read, that if the ADU is detached that means you can also build a JADU on the SFR lot, but it has to be within the primary home. Is that correct?

For example, the primary house is 900 sq ft and the detached ADU is 432 sq ft. If I were to expand upon the main house and make it 1400 sq ft, which is definitely doable, would I then be able to turn around and get that section closed off and convert it into a 500 sq ft or less JADU? This would allow me to essentially turn this SFR into a property with 3 legal permitted units. Is this realistic with the new state laws in CA?

Any insight would be greatly appreciated. Thanks!

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  • Andrew Aladjadjian
    Rental Property Investor · Los Angeles, CA · Member since 2019 · 49 posts · 17 votes
    6y

    Hi JT, hope this helps.

    Per Assembly Bill No. 68 (AB-68):

    "If there is an existing primary dwelling, the total floor area of an attached accessory dwelling unit shall not exceed 50 percent of the existing primary dwelling." 

    Basically your ADU cannot exceed 50% of the total living space if it is attached to the main dwelling unit on the lot.

    In regards to fees for an ADU under 750 sqft:

    "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."

    0Reply
  • JT Goodwin
    OP
    LA Area · Member since 2019 · 15 posts · 8 votes
    6y

    Hey Andrew, 

    Thanks for the response. I think the the detached ADU that will be under 750 sq ft. is not the main concern on this property since the ~430 sqft layout that is currently there is already permitted and I just want to add on to that.

    You stated that the JADU can't be more than 50% of the primary residence which would put the JADU at 450sqft since the main property is just over 900Sqft.

    I think my main question is would I be able to go straight into a JADU add on that is attached to the main house with a max footprint of 450sqft? Or would I need to convert the primary residence into a 1350sqft house and then change it into a JADU through the city? The rough layout is in the image below with what I want to do and the total lot coverage is still below 40% which is the max the city allows. I believe this layout is roughly 31% lot coverage. 

    0Reply
  • Robert ChuangPro Member
    Realtor · Arcadia, CA · Member since 2014 · 145 posts · 46 votes
    6y

    @JT Goodwin Hey JT, which city is this in? I would definitely give a planning department a call. JADU is allowed when you have a detached garage (ADU). However, ADU and JADU may not be able to exceed 50% sqft of the primary resident. I would be very careful with that. It really depends on the interpretation of each city. Some Would use your 900 sqft as primary sqft. Some would combine adu+jadu/900+adu+jadu (as primary sqft).

    Let me know if that clarifies your question

    0Reply
  • JT Goodwin
    OP
    LA Area · Member since 2019 · 15 posts · 8 votes
    6y

    @Robert Chuang 

    I think I am confused on what you meant by the following statement:

    "Some would combine adu+jadu/900+adu+jadu (as primary sqft)" 

    Could you expand upon that? 

    Also, this property is in Buena Park,CA and talking with the city I have been told they have accepted the new state laws on ADUs, but it is still a new area for them so the process is a grey area.

    0Reply
  • Andrew Aladjadjian
    Rental Property Investor · Los Angeles, CA · Member since 2019 · 49 posts · 17 votes
    6y

    JT,

    (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.

    According to this, the only way you can have both an ADU and JADU is if you convert part of the primary dwelling (or convert part of a proposed, to be built, dwelling) into a JADU or convert an accessory structure (garage). In your case, it seems since you already have an ADU you need to propose an expansion to your main home, and concurrently propose a JADU within the expansion OR simply split your current home into two units equally. If you have a garage you may convert that into a JADU

    This is my interpretation of the requirements and it may not be correct. Hope this helps!

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  • JT Goodwin
    OP
    LA Area · Member since 2019 · 15 posts · 8 votes
    6y

    @Robert Chuang @Andrew Aladjadjian Thank you for the input I am definitely going to be working closely with the city on this property. We are very close to closing this property so I will definitely give an update to this forum so that you guys stay in the loop. Hopefully with these new laws everything I want to do is in favor with the city and planning department. 

    Thanks!

    0Reply
  • JT Goodwin
    OP
    LA Area · Member since 2019 · 15 posts · 8 votes
    6y

    @Robert Chuang @Andrew Aladjadjian

    I just wanted to give you an update for the City of Buena Park and their ADU laws. Please see link below. From my understanding I should be able to make an ADU and JADU on the property.

    http://www.buenapark.com/home/...

    Regards,

    1Reply
  • Andrew Aladjadjian
    Rental Property Investor · Los Angeles, CA · Member since 2019 · 49 posts · 17 votes
    6y

    @JT Goodwin

    This will be a big help learning how a particular city is implementing the new laws. thank you for sharing!

    0Reply
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