ADUs: Accessory Dwellings v.2020 Creating the housing we need! 17June 2020

© 2020 Loni GrayAll rights reserved.

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Loni Gray is an ADU advisor and project catalyst. She brings a background

of home rehabilitation, small home and collaborative housing design,

finance, and housing policy to her firm, All Things Housing. She helps

homeowners, Realtor clients, and investors who want to buy land once

and create multiple dwellings use the ADU laws to advantage. She helps

them envision, strategize and act! One of the founding members of the

ADU Task Force, Loni works to create educational workshops and policy

that empower us to build the housing we need, be it with extended

family, friends, or others of our choosing.

“I bring a unique eye that brings together home

construction, small-home and collaborative

housing design, project finance, and housing

policy. As an ADU Advisor my focus is to help

you make those important first choices with

good information. I surround you with a solid

team of professionals so you can move forward

with confidence! I catalyze the ADU possibilities and help get

the project organized. I guide you through the

foundational choices of the ADU realization

process. The crucial start! I’m passionate about new kinds of housing,

finance, and policy. We must design and build

dwellings that truly offer us flexibility over the

stages of our lives. ADU’s and collaborative

design are such important explorations.

Think of accessory dwellings as a way to build

your own intimate community around you.

Stay and put down roots where you’ve grown

networks of friends and support.

That’s healthy, resilient, and wise.”

More than just a backyard cottage! Types of Accessory Dwellings

basement conversion

New free-standing

* re-printed with permission from In-laws, Outlaws and Granny Flats by Michael Litchfield 2011Taunton Press. Original drawings by Martha Gartang Hill. Rendered by Loni Gray. All other sketches: Loni Gray © 2017 All rights reserved.

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attic conversion

carve-out

garage conversion

Apartment over garage

bump-out

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new backyard cottage

Additions to an existing building

Built within the existing building envelope

© 2019 Loni GrayAll rights reserved.

California Code 65852

65852.151

(b) Intent of the law

It is the intent of the Legislature that an accessory

dwelling unit ordinance adopted by a local agency

has the effect of providing for the creation of

accessory dwelling units and that provisions in

this ordinance relating to matters including unit

size, parking, fees, and other requirements, are

NOT so arbitrary, excessive, or burdensome so as

to unreasonably restrict the ability of

HOMEOWNERS to create accessory dwelling units

in zones in which they are authorized by local

ordinance.

Accessory Dwellings California Code 65852.2 Disclaimer: This is subject to change once the new legislation has been codified into the Law

In general, the law states that: (Disclaimer: This is subject to change until the new legislation has been codified into the Law)

• Require no public hearings as part of approval – even in the coastal areas.

• Local law cannot be more restrictive, but can be less stringent than the state law.

• Both an internal ADU or Junior ADU (JADU) and a free-standing ADU may be built on any lot zoned for residential use that has or

will have a single or multi-family dwelling on it.

• May build up to 25% of multi-family building unit count as ADUs. But must not use existing livable space for the new dwellings.

May also add up to 2 detached ADUs additionally if they meet this Law’s criteria.

• If your project meets these ADU rules, cities must approve ministerially within 60 days, or it is deemed approved.

• No replacement parking can be required if you convert the garage to an ADU.

• You may demolish/replace an accessory structure on zero lot line with same footprint. No need to float existing old studs.

• The new dwelling cannot be sold separately. It is considered an accessory use to the main house.

• No fire sprinklers are required if they are not required for main house.

• ADUs may not be used for Short Term Rentals (less than 30-days.)

• No owner-occupancy can be required Between Jan 1, 2020 and Dec 31, 2024. (5 years)

The jurisdictions can restrict only certain Design & Development standards – complimentary styles, some height and square foot limits,

landscaping, and door placement, etc.

Accessory Dwellings California Code 65852.2

Disclaimer: This chart is subject to change once the new legislation has been codified into the Law.

Within Existing Building

Envelope

New Free-Standing Adds to Existing Buildings

Garage Conversions, Carveouts Detached

Backyard secondary Cottages

Attached

Apt over garage, Bump-outs

Design Dev Standards

Square footage to 150sf for Ingress/Egress

* Range: 150 sq ft minimum to 1,200 sq ft (to 50% of house for bump-outs)

* 800 Rule – Cities may not use Lot coverage, % of main house, or FAR or anything that

restricts an ADU to less than 800sf.

* Restricted City Maximums – Studio/1Bedrm: must allow 850sf

2 Bedroom ADU: must allow 1,000 sf, or more

Set-backs

within existing space (main home,

garage, etc) or if replacing an

setbacks. yard setbacks if attached to existing

building.

Other design elements

Separate exterior door. Separate exterior door. Must allow 16ft height or more.

can be imposed.

750sf and must be proportional.

reasonable for scale of structure.

Parking

NO additional parking can be

required if Accessory dwelling is

part of existing structure. including tandem parking on driveway,and set-back areas.

* Within 1/2miles of any public transit.

* In architectural or historic significant district.

* Street parking permits are required but not offered to ADU occupant.

* Car share vehicle within 1 block of Accessory dwelling.

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© 2019 Loni Gray All rights reserved

- Carve-out: 50% of existing

- ADU Garage: current size +up

existing garage with an ADU.

required. - No minimum lot size can be

up to utility. No new hook-up fee

- Impact fees only for ADUs over

- No minimum lot size can be required.

- No minimum lot size can be required.

- No setback required if built - Not more than 4 feet from side or rear yard - Not more than 4 feet from side or rear

Utility Hook-ups & Fees - Cannot require a separate hook- - May require new hook-up. Fee must be proportionate to size or # of fixtures and

- Impact fees only for ADUs over 750sf and must be proportional.

- Not more than 1 space per unit or bedroom. Parking allowed in any configuration

- No additional parking can be required if;

Homeowner and Community ADU Services

What are your client’s or client groups’ next step?

• ADU Education Session Teach them what this law empowers them to do – gift them an educational session at closing!

• Strategic Site Evaluation Once they own, my team and I help them make an informed choice based on their actual property’s assets & issues.

• ADU Project Preparation OMG -Now they must develop a whole house! I help them set goals, select their design/build team, and moves them through to permitting so they can confidently move into construction.

Loni’s team moves them through this process, keeping them focused on their goals