ADU (AB68)
Accessory Dwelling Units
What you need to know
California recently passed a law (AB 68, 2019) which mandates that local municipalities allow Accessory Dwelling Units (ADUs) without lot size restrictions, or provide clear and concise restrictions on properties that may not build ADUs. What this means for you is if you own a single-family lot or duplex lot with an existing house you are more than likely able to build a second house, or convert an existing structure such as a garage to a dwelling unit much easier that ever before. Since 2016, over 80k ADUs have been permitted in CA!
Type of ADUs include: Detached ADU, Attached ADU, Attached Above Garage ADU, Interior Basement ADU, Interior Garage Conversion ADU, Interior Upper Floor ADU. For the purposes of this page, we will refer to them all as "ADUs."
There are no requirements to provide additional parking spaces for the unit if you are located within 0.5 miles of public transportation. You must replace the parking lost if converting an attached garage, but not for a detached garage.
Many homeowners rent out the ADU for additional income, or keep it as an apartment for their children as they grow up, or a place for friends and family when they visit as a guest house. "She Sheds" and "Man Caves" are pretty popular as well!
If you live in a townhouse style condo or a detached single-family condo you do not qualify. You must own a single-family lot with an existing single or duplex residence.
Your HOA cannot restrict your ability to build an ADU on your property as long as you own a single-family residential lot. They can impose reasonable restrictions such as the minimum term for a rental unit. Any current restriction which conflicts with State Law is null and void!
You will be required to bring any existing structure up to code (i.e. a garage conversion made habitable), or comply with new Title 24 Solar Panel guidelines. We suggest you research the requirements before getting too far along with your ADU. We can help you!
The new California ADU Grant Program can assist with the initial costs of building an ADU, check their website to see if you qualify!
New! CA AB 434 requires all California Cities and Municipalities to have a pre-approved ADU plan scheme in place by January 1, 2025. What this means is you will be able to go to the City website or city counter and choose from a select list of ADU layouts that are pre-approved by the City for permitting. You will still need to obtain any other permits or designs (such as grading, utilities, etc) and the City may charge a fee for access to the pre-approved designs.
New! CA AB 976 removes the requirement for owner-occupancy of Detached ADUs or garage-converted ADUs, but retains the requirement for Junior ADUs (rentable space within the primary residence).
NEW! CA AB 1033 allows ADUs to be sold as a condominium with approval of the local agency. Primary Owner's are encouraged to form an HOA to manage the primary and ADU on the common property.
What to expect:
Normally the review and permitting process for the full construction of a house can take months, if not years, to complete. The ADU law trims this down to just a couple of months from initial submittal to permit-in-hand.
A full construction project requires many different plans (i.e. grading, water, sewer, storm drain, demolition, etc.), and each has it's own review and permitting timeline. With the new law, many Local Jurisdictions allow simplified plans which combine all these into one plan. This is a cost savings to you since each plan requires a fee to design and draw them, and City fee to review them! Some even allow complete exemption from submitting a Grading Plan if your ADU meets certain criteria.
If you have an Architect, they will often guide you along the permitting process since their plans will be reviewed for compliance with Building Codes. If you do not have an Architect but want one, let us know! If you would rather go with pre-fabricated (pre-fab) construction, we can work with your choice of builder. The pre-fab plans must also be reviewed and approved by the Local Jurisdiction.
You will often be required to have a Land Surveyor find and locate your property lines in order to establish the required setbacks for your ADU. Depending on the complexity of the location where you want your ADU, the Land Surveyor may need to collect topography of your property as well. If you do not have a Land Surveyor, we can recommend one to you!
Once you have those to items addressed, we can begin our plans. We can work with your Architect and Surveyor to coordinate our plans, and address any design issues that come up.
Often the limiting factor for adding an ADU is providing Sewer service to the unit. Since sewer systems rely on gravity, if the sewer lateral serving your main house is not deep enough you may need a sewer ejector pump. In some localities you can install a septic field or septic tank. We will help you determine what is the best option.
For an ADU, a separate water meter is not required even if you lease to a tenant. You may however, want to install a private meter to monitor water usage by your renter. It is entirely up to you.
Normally, stormwater quality requirements can apply to all new construction projects. For an ADU, most cities exempt the construction. We will determine this by contacting the City and reviewing their requirements as they are all different.
From start to first submittal can take the longest since all of this information must be established before plans can be completed. That said, much of this information is available now online or quickly by phone. We anticipate we can turn around your project in just a couple of weeks.
Cities are required to review and approve your project, or deny it with legal justification within 60 days. You can anticipate the City will have some comments on the plans after the first review, and we will turn those back in as quickly as possible. Often our ADU projects are approved on the first submittal, or the second with only a few minor revisions.