www.maxablespace.com There have been some major ADU legislative updates including SB13 which has been greatly anticipated.
Xiomara Cisneros of the Casita Coalition joins us to discuss the latest California ADU bills that were recently passed.
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AB 670 would require community associations to allow accessory dwelling units.
Common interest developments (CID) are governed by Covenants, Conditions, and Restrictions (CC&Rs).
Owners in a CID are contractually obligated to abide by the CC&Rs, which specify the rules regarding how an owner can modify their home or individual separate interest in the CID.
The governing documents of CIDs generally require approval of the Homeowner Association (HOA) for owners to make improvements or alterations to their separate interests.
Existing law prohibits the governing document of a common interest development from prohibiting the rental or leasing of any separate interest in the common interest development, unless that governing document was effective prior to the date the owner acquired title to their separate interest.
There are more than 50,000 CIDs in California comprising over 4.8 million housing units, or approximately one-quarter of the state’s housing stock.
Nearly 40% of Californians are part of a Homeowner’s Association (HOA), and many of those HOAs have prohibited homeowners from using their own property to construct an accessory dwelling unit.
The Legislature has taken proactive steps to ensure that HOAs cannot deny a homeowner's request to install solar energy systems, electric vehicle (EV) charging stations, low-water use plants and artificial turf. HOAs are allowed to impose reasonable restrictions on solar energy systems, EV charging stations, and artificial turf, but the governing documents cannot prohibit their use.
State law allows local governments to adopt standards for the minimum and maximum size of an attached or detached ADU, but those standards cannot prevent the installation of at least one ADU or JADU.
Allows a locality to:
a) Establish minimum and maximum unit sizes for ADUs.
b) Require that an applicant to construct an ADU be an owner-occupant.
c) Require that the ADU be used for rentals of terms longer than 30 days.
Defines “reasonable restrictions” as restrictions that do not unreasonably increase the cost to construct, effectively prohibit the construction of, or extinguish the ability to otherwise construct, an ADU or JADU consistent with existing law regarding ADUs and JADUs.
SB 13 (Wieckowski)
Prohibit owner-occupancy requirements for five years. Current law allows cities to require owner occupancy of either the ADU or single family home on lots that have both, although it is unclear how such a requirement would be enforced. Cities enacting this requirement often do so as an attempt to curb ‘speculation,’ although it is unclear how the requirement would accomplish this goal. The requirement reduces flexibility for homeowners and places a permanent restriction on the property that could affect resale value. Overall, these requirements seem completely unjustified based on the stated rational and that they actively discriminate against renter-occupants.
Significantly reduce impact fees on ADUs. In many jurisdictions, high per-unit fees can make ADU development financially infeasible for homeowners. These fees can run as high as $35,000 per unit, which would be a huge portion of a family’s construction budget. Under SB 13, impact fees would be eliminated for ADUs under 750 square feet, and would be required to be proportional to the size of the primary dwelling; 25% of impact fees for an ADU of 750 square feet or more.
Provide a program for homeowners to delay compliance with certain building code requirements that do not relate to health and safety. This would legalize many already existing ADUs that cannot be brought up to 100% code compliance, establishing a statewide amnesty program for unpermitted ADUs. Requires a local agency notice of a violation of any building standard to an ADU owner to include a statement of the owner’s right to request a delay in enforcement. Requires a local agency, upon request of the owner, to delay enforcement for five years if correction is not necessary to protect health and safety and the ADU was built before January 1, 2020 or the ADU was built prior to that date in a local jurisdiction that had a compliant ADU ordinance at that time. Sunsets this provision on January 1, 2025.
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