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Land & New Construction

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Adam Mayberry
  • Architect
  • San Jose, CA
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AHJ are closed for the week, Ask me Anything about ADUs and SB9

Adam Mayberry
  • Architect
  • San Jose, CA
Posted Dec 28 2022, 15:55

I'm an Architect and MRED Grad and have entitled and permitted over 200 units across Bay Area and Norther California, ask me anything about SB9 or ADU design / permitting

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Brad S.
  • Real Estate Broker
  • Pasadena, CA
483
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578
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Brad S.
  • Real Estate Broker
  • Pasadena, CA
Replied Dec 29 2022, 12:32

Hey @Adam Mayberry

So, can municipalities refuse to allow the ADU ordinances to work in conjunction with SB9. In other words, can they restrict you to a total of 2 units while using SB9, and not allow a third (ADU) unit?

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Adam Mayberry
  • Architect
  • San Jose, CA
57
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90
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Adam Mayberry
  • Architect
  • San Jose, CA
Replied Jan 3 2023, 11:13

I believe this is correct, but only limiting to 4 total. So Duplex under SB9 equals multifamily with ADU you could add two ADUs @Brad S.. IF the City does not limit to four total, there is a scenario where the City MAY allow up to 10 total units on single family zoned parcel

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Jeet Sangha
Pro Member
  • Realtor
  • Gilroy, CA
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Jeet Sangha
Pro Member
  • Realtor
  • Gilroy, CA
Replied Jan 6 2023, 09:26

Hello Adam, is JADU allowed on rental properties or only on owner occupied homes?

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Kevin Lo
  • Real Estate Agent
  • Pasadena, CA
1
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Kevin Lo
  • Real Estate Agent
  • Pasadena, CA
Replied Feb 22 2023, 17:10

Hey @Jeet Sangha

You can put an ADU and a JADU on the property and rent them both out. However, according to Section 65852.22. Section A, you'll see that owner-occupancy is required for the JADU.

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Replied Feb 23 2023, 06:20
Quote from @Kevin Lo:

Hey @Jeet Sangha

You can put an ADU and a JADU on the property and rent them both out. However, according to Section 65852.22. Section A, you'll see that owner-occupancy is required for the JADU.

I wonder what happens if you’re house-hacking when you build the JADU. For example, I have my house, am building a legal JADU, but later down the road I decide to rent my entire house and buy another primary residence. Can I still keep the JADU since I no longer occupy the home?

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Kevin Lo
  • Real Estate Agent
  • Pasadena, CA
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Kevin Lo
  • Real Estate Agent
  • Pasadena, CA
Replied Feb 24 2023, 17:34
Quote from @Erin Colbert:
Quote from @Kevin Lo:

Hey @Jeet Sangha

You can put an ADU and a JADU on the property and rent them both out. However, according to Section 65852.22. Section A, you'll see that owner-occupancy is required for the JADU.

I wonder what happens if you’re house-hacking when you build the JADU. For example, I have my house, am building a legal JADU, but later down the road I decide to rent my entire house and buy another primary residence. Can I still keep the JADU since I no longer occupy the home?

 Hi @Erin Colbert,

The law requires owner-occupancy of either the newly created JADU, or the single-family residence. If you decided to move, you would technically have to stop renting out the JADU since the primary residence will not be owner-occupied.

That being said, I've asked a similar question recently at an ADU masterclass hosted by Kendyl Young from adudiggs.com. She stated that we would have to rent the primary and jadu together under the same tenant if we could no longer owner occupy.

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Adam Mayberry
  • Architect
  • San Jose, CA
57
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90
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Adam Mayberry
  • Architect
  • San Jose, CA
Replied Mar 13 2023, 15:27

@Erin Colbert You would need to be living somewhere, and you would need to sign the deed restriction.

You can live on the couch and rent out all the rooms in all the ADUs and JADUs you wanted - as long as you sign the Deed Restriction for owner occupancy, as well as that would go along with the sale, so you could not sell to investor just renting out the house

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Adam Mayberry
  • Architect
  • San Jose, CA
57
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90
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Adam Mayberry
  • Architect
  • San Jose, CA
Replied Mar 13 2023, 15:28

@Jeet Sangha You need to sign a Deed Restriction for Owner-Occupancy. Thats the requirement - to sign the deed restriction.  (How thats enforced I am not sure)

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Brandon Ly
Pro Member
10
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Brandon Ly
Pro Member
Replied Jul 21 2023, 16:14

Hi @Adam Mayberry

First off, thank you for offering to answer any questions we have regarding SB9/ADU.

My question is, can I use SB9 on my property that is currently occupied by tenants?

I reviewed the SB9 legislation, and it states that properties occupied by a tenant in the last 3 years are excluded from SB9 but only if the project includes demolition or altering more than 25% of the exterior structural wall. If I only plan to build new detached units (no alteration) and no demolition, I should be able to use SB9 right? Screenshot of the legislation below:

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Christopher Duron
  • New to Real Estate
5
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Christopher Duron
  • New to Real Estate
Replied Feb 29 2024, 08:22

Hi @Adam Mayberry  

Thank you for offering to answer questions.  Do you know if I can sell my residence after using SB9 to split the lot?  I will be selling the second lot to an owner occupant.  

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Adam Mayberry
  • Architect
  • San Jose, CA
57
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90
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Adam Mayberry
  • Architect
  • San Jose, CA
Replied Mar 17 2024, 13:50
Quote from @Christopher Duron:

Hi @Adam Mayberry  

Thank you for offering to answer questions.  Do you know if I can sell my residence after using SB9 to split the lot?  I will be selling the second lot to an owner occupant.  


 Yes

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Adam Mayberry
  • Architect
  • San Jose, CA
57
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90
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Adam Mayberry
  • Architect
  • San Jose, CA
Replied Mar 17 2024, 13:50


Quote from @Brandon Ly:

Hi @Adam Mayberry

First off, thank you for offering to answer any questions we have regarding SB9/ADU.

My question is, can I use SB9 on my property that is currently occupied by tenants?

I reviewed the SB9 legislation, and it states that properties occupied by a tenant in the last 3 years are excluded from SB9 but only if the project includes demolition or altering more than 25% of the exterior structural wall. If I only plan to build new detached units (no alteration) and no demolition, I should be able to use SB9 right? Screenshot of the legislation below:


 Depends where you are and if they know there are renters