If you are a homeowner, chances are you have heard about the recent change in California law regarding Accessory Dwelling Units. Housing production in California has not kept up with demand for many years. This housing shortage has led the state to adopt housing policies to encourage infill development to increase California’s housing stock.
The last legislative session resulted in three separate bills amending Government Code Section 65852.150. Effective January 1, 2017, local laws regarding Secondary Dwelling Units were superseded. State law now mandates that local jurisdictions ease restrictions and barriers to the permitting and use of what are now referred to as Accessory Dwelling Units (“ADUs”).
ADUs are granny units, in-law units or other accessory structures with independent living facilities (i.e., kitchen and bathroom) and separate entrance. They are allowed on lots with existing single-family dwellings in single or multi-family residential zones. The state law promotes ADUs by eliminating certain obstacles to construction that many local jurisdictions require to have a second unit on your property, including, but not limited to:
ADUs that require an addition or new accessory structure can be subject to more in depth planning and building regulations and all ADUs remain subject to building code requirements. Of course, ADUs cannot be separately sold, but they do provide opportunities to house extended family, adult children or obtain rental income.
The state law allows local jurisdictions to require owner occupancy of either the ADU or primary residence to require rental terms longer than 30 days. It is likely that the jurisdictions in the Santa Barbara area will require both. Also, if your property is within a Coastal Zone, any ADU will still be subject to Coastal Act permitting requirements and regulations.
If you are considering converting part of your home or an accessory structure to an ADU, you will need to become aware of whether your local city or county has adopted its own ADU ordinance. So far, no jurisdiction in the South County of Santa Barbara has adopted its own ADU regulations, but that time is fast approaching. Santa Barbara County is well into the drafting process and the City of Santa Barbara will follow close behind. Most jurisdictions in our community will probably regulate ADUs to the greatest extent the state allows. Expect to see ADUs prohibited in high fire hazard areas and regulated to minimum and maximum sizes. State law is clear, however, that local standards and guidelines cannot be designed or applied such that they burden the development of ADUs.
Until local jurisdictions formally adopt their own ordinances, all ADU permit applications must be processed pursuant to state standards, which is why many are saying that now is the time to seek your permit for an ADU.
If you have questions about this change in law or are considering permitting an Accessory Dwelling Unit on your property, please feel free to contact me or the BFAS attorney with whom you regularly work.
Olivia K. Marr, Attorney
(805) 966-7000
www.BFASLaw.com
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