General Construction Services
Things You Should Know
About The New A.d.u Laws In 2020.
Series of laws will go into effect that revise and ease out the laws governing ADUs. The new laws are meant to help address the housing crisis in California and make ADU development easier. For homeowners these laws will open up a range of investment possibilities. and increase the potential to earn reoccurring income.
The four laws that have the biggest impact on ADU development are Assembly Bill (AB 881), Assembly Bill (AB 670), Senate Bill 13 (SB 13), and Assembly Bill 68 (AB 68). After studying each of these laws, we’ve extracted the key points to help summarize the new regulations. Below are our key points from each of the laws:
- This law allows for ADUs as well as Junior ADUs on lots where certain access, setback and other criteria are met. This means that there could be up to three units on a single property.
- The local permitting agency must act on the submittal of an application for an ADU within 60 days on a ministerial CEQA exempt basis. (Previously it was 120)
- There is no more maximum or minimum size for an ADU based on the percentage of the primary residence. In the past local jurisdictions could limit the size of an ADU based on a percentage of the primary residence.
- The maximum setback for an ADU would be 4’-0”. Local authorities can no long enforce large setbacks on ADUs.
- If an ADU is created in an existing structure i.e. a garage, at the same size, the local agency cannot require replacement parking to be provided if the ADU replaces the parking spaces. For example, if you build an ADU in an existing two car garage. The two parking spaces do not need to be put somewhere else on the lot.
- Local authorities cannot impose owner-occupancy requirements on the construction of ADUs. In other words, the owner of the property does not have the live in the primary residence or the ADU on the lot. These can both be rental units and the owner of the property can live elsewhere.
- The applicant on the application to build the ADU does not have to be an “owner-applicant” of either the primary residence or the ADU.
- Agencies cannot impose impact fees on ADUs under 750 SQFT.
- Any deed or covenant prohibiting ADUs is void and unenforceable on a single family lot.
- This bill is going to have a big impact in many of the communities of Southern California. Most of these communities have strict HOAs or CC&Rs that restrict ADUs. Bill 670 will make these unenforceable.
Timeframe depends on the projects Local Building Department of your City.