Housing Revolution in California via the New ADU Laws

California has recently passed numerous Laws pertaining to Accessory Dwelling Units (ADU's).  Here is a brief summary of key provisions in California's ADU laws...

Elimination of owner-occupancy requirements: Previously, homeowners were required to live in the primary residence or the ADU. Senate Bill 13 (SB 13) eliminates this requirement, making it easier for property owners to rent out both units.

Reduction in permitting fees: SB 13 also caps the fees local jurisdictions can charge for ADU permits, making the process more affordable for homeowners.

Streamlined approval process: Assembly Bill 68 (AB 68) and AB 881 have streamlined the approval process for ADUs by requiring local jurisdictions to approve or deny ADU permit applications within 60 days, rather than the previous 120 days.

Increased ADU size limits: AB 68 allows for ADUs up to 850 square feet for a one-bedroom unit and 1,000 square feet for a two-bedroom unit.

Prohibition of minimum lot size requirements: Local jurisdictions can no longer impose minimum lot size requirements for ADUs, making it easier for homeowners with smaller properties to build ADUs.

Multi-family properties and ADUs: AB 68 and AB 881 allow for the conversion of existing non-living spaces (e.g., storage rooms, garages) into ADUs in multi-family buildings, and the construction of at least one detached ADU on lots with multi-family dwellings.

Arguably the most transformative is SB 9 - Senate Bill 9, also called the California Housing Opportunity and More Efficiency (“HOME”) Act, was signed into law on September 16, 2021. The so-called "duplex bill" is part of an initiative to address California's housing crisis. SB 9 provides a legal, streamlined process for homeowners to subdivide their urban single-family residential lot and/or build additional residential units on their property.

Specifically, SB 9 alters the municipal review process for two-unit housing developments on single-family lots and for the subdivision of property. Where the review process used to be discretionary (subjective, case-by-case), it is now subject to ministerial approval (objective, consistently applied). This change is intended to simplify and expedite the permitting process, making it easier and more accessible for homeowners to build additional housing on their property.

Senate Bill 9 went into effect statewide on January 1, 2022 and all California cities must comply. However, local governments are allowed to impose their own objective design standards and limitations, as long as they don't directly conflict with the state law. A few cities have received formal reprimands from the State Attorney General for adopting ordinances that violate the requirements and intentions of SB 9.

These provisions were designed to encourage ADU development, increase the housing supply, and address the housing affordability crisis in California. However, it's important to consult the most up-to-date information and your local jurisdiction's regulations for specific requirements and guidelines.