Accessory Dwelling Units (ADUs) August 14, 2019

1. Accessory Dwelling Units (ADUs)August 14, 2019 California Department of Housing and Community Development

2. HRP Program – DPY 2014 Accessory Dwelling Units (ADU) Outline • California ADU laws since 1982 • Frequent issues • HCD ordinance review & TA • Currently proposed legislation

3. Summary of Recent Changes to ADU Laws and proposed legislation

4. HRP Program – DPY 2014 Authorizing Legislation • Senate Bill 1069 followed by SB 229 (Wieckowski) • Assembly Bill 2299 followed by AB 494 (Bloom) • Assembly Bill 2406 (Thurmond) – JADU • Currently, 10 ADU bills have been proposed by the Legislature for the 2019-2020 session

5. HRP Program – DPY 2014 Accessory Dwelling Units (ADU)Technical assistance Fees • Connection and capacity charges are exempt for an ADU created within existing space, & no new service connection • Sewer and water fees are to be proportional to the size or number of plumbing fixtures • Impact fees to be proportional • School impact fees • HCD fee study for the legislature

6. Summary of Changes Parking • Maximum ADU parking requirements reduced to one space per ADU • Requirements for ADU parking are removed if specified circumstances (e.g., proximity to public transit, car-share, historic site, etc.) • Replacement parking for the primary structure may be configured elsewhere on the lot. A replacement structure for the displaced covered parking spaces shall not be required or permitted • Off-street parking is allowed to be tandem or in setback areas

7. Summary of Changes • Ordinance shall promote ADUs • Fire sprinkler requirements • No total prohibition of ADUs • Special districts and water corporations are included in the statute, updated effective January 2018 • HCD is authorized to review and comment on ADU ordinances

8. Summary of Changes ADU’s Created Within Existing Structures • Allowed within zones for single family use, with an existing onsite single-family residence • No local zoning or development standards, including parking • No fire sprinklers and no connection or capacity fees • Applicable standards: • Contained within an existing residence or accessory structure • Complies with local agency building codes • Has independent exterior access from the existing residence • Has side and rear setbacks that are sufficient for fire safety

9. Summary of Changes Impact on Existing Accessory Dwelling Unit Ordinances • Any existing ADU ordinance that does not meet the requirements of the current state statute is null and void as of January 1, 2017. Additional updates effective Jan. 1, 2018 • Local agencies are not required to adopt an ADU ordinance • Local governments must approve accessory dwelling units based on “state standards” until the jurisdiction adopts a compliant ADU ordinance • Adopted ordinances shall be submitted to HCD within 60 days of adoption • Approximately 230 ADU ordinances submitted to HCD • Ordinances submitted to HCD are posted on the website

10. Summary of Changes Required State Standards (Examples) • The unit is not intended for sale separate from the primary residence and may be rented, although local agencies may restrict short-term rentals • The lot is zoned for single-family or multifamily use and contains an existing or proposed single-family dwelling • The ADU is either attached to an existing dwelling or located within the living area of the existing dwelling or detached from the primary unit and on the same lot • The total area of floorspace of the attached unit does not exceed 50% of the existing or proposed dwelling living area, or 1,200 square feet • The total area of floor space for a new detached accessory dwelling unit does not exceed 1,200 square feet • No limitations to size of the ADU if created within the space of an existing structure

11. Summary of Changes Junior Accessory Dwelling Units (JADU) • Allows a local agency to adopt a JADU ordinance • Shall be completely contained within existing residence space • Limited to one per residential lot zoned for single-family residences • 500 square foot maximum size • Owner to occupy the primary or accessory residence • Recorded deed restriction required • Efficiency kitchen required but shared bathroom is allowed • No parking required and no connection fees or capacity charges • Fire sprinklers exempt if not required for the primary dwelling

12. HCD Technical Assistance

13. HRP Program – DPY 2014 HCD Technical Assistance • Questions and answers for applicants, local agencies and others • Informal ordinance review, as requested by agencies • ADU technical assistance booklet available at HCD ADU website • Ordinance clearinghouse (website listing updated as ADU ordinances are received by HCD) • Website: Local agency brochures, best practices, etc. at ADU webpage: http://www.hcd.ca.gov/policy-research/AccessoryDwellingUnits.shtml

14. HRP Program – DPY 2014 HCD ADU/JADU Contacts

15. For Additional Information and ADU/JADU Updates: California Department of Housing and Community Development Housing Policy Development Division Website: http://www.hcd.ca.gov/housing-policy-development/accessorydwellingunits.html