Building an ADU will get even easier starting January 1, 2023 due to the new laws signed by our Governor. Two housing laws concerning the regulation of ADU’s, SB 897 and AB 2221, make adjustments to the ADU-related laws with the explicit intention to encourage the permitting and production of ADU’s as one solution to our state’s current housing crisis.
The main changes to the current regulations concern height and setbacks restrictions. The new laws allow an ADU within ½ mile of “public transportation” to have a height of 18 ft (up from 16 ft), and for multi-family zoned properties, the height of 18 ft is permitted by-right regardless of proximity to transit. In practice, this regulatory change will allow 2-story ADU’s to be built on sites where there is more limited land to accommodate the typical 800 sf ADU (e.g. 2-floors of 400 sf each sitting on a 15 ft X 25 ft footprint).
The old ADU laws allowed for reduced side and rear setback requirements of 4 ft while not allowing the ADU to sit in the front yard forward of the primary dwelling. The new law now applies the same 4 ft setback requirement to the front setback as well which should open up a great many more site opportunities than before. This front setback exception is specific to the state-mandated ADU option (typically 800 sf Max.) rather than the potentially larger but more restrictive city option (typically 1,200 sf). This means an ADU in the front yard! Sounds crazy but a lot of hillside houses have front yard garages and accessing the rear is out of the question.
Even more amazing is that the laws state that permitting agencies will be required to approve or deny (in writing) an ADU application within 90 days! We can’t wait to see that happen.
Another significant law, AB 2097, which does not deal with ADUs but is equally amazing, requires cities to approve projects without imposing a minimum number of parking spaces, again, as long as the project is within ½ mile of “public transit”.
The new state laws don’t take effect until January 1, and any city that does not approve an updated ordinance by this date must approve ADU’s that adhere to the state law limitations.
Let us help you navigate the ever evolving and confusing codes and laws surrounding your next project. Contact us to learn more.
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