HOA LAW
Accessory Dwelling Units: What Boards Need to Know By Sean D. Allen, Esq.
W
ay back on October 8, 2017, or use of an accessory dwelling unit or shortage. Housing advocates view ADUs Governor Brown signed into law junior accessory dwelling unit on a lot as a quicker way to add less expensive two separate bills: SB229 (Wieckowski) zoned for single-family residential use housing than building new housing. and AB494 (Bloom). Those bills were is void and unenforceable. However, However, ADUs may also increase designed to promote the development community associations are still able traffic issues and overcrowding in of Accessory Dwelling Units (ADUs), to impose reasonable restrictions on subdivisions. The new law is applied also known as granny flats, backyard accessory dwelling units and junior retroactively – meaning associations, cottages, casitas, in-law units, over-ga- accessory dwelling units. For purposes whether they rewrite their governing rage apartments, and other documents or not, must now secondary living units built on allow ADUs and Junior-ADUs. "TO BE CONSIDERED AN ADU a lot in addition to the primary So, what exactly are clashome. These changes to the law sified as accessory dwelling IT MUST INCLUDE SEPARATE originally did not affect private units and junior accessory COOKING, SLEEPING, AND restrictions in common interdwelling units? BATHROOM FACILITIES. AN ADU est developments. However, Specifically, an “accessory they paved the way for AB670 dwelling unit” is a second MAY ALSO HAVE RELAXED SETBACK (Friedman) which was signed separate living unit on a lot. AND PARKING REQUIREMENTS." into law on August 30, 2019 and It can either be detached or became effective on January 1, contained within the walls of 2020. This most recent bill expands ADU of Civil Code § 4751, “reasonable restric- the house on the lot, and be up to 1,200 provisions to Planned Developments (not tions” are those that do not unreason- square feet in size. To be considered an Condominiums or Stock Cooperatives) ably increase the cost to construct, ADU it must include separate cooking, and adds section 4751 to the California effectively prohibit the construction of, sleeping, and bathroom facilities. An Civil Code. or extinguish the ability to otherwise ADU may also have relaxed setback and Pursuant to Civil Code § 4751, any construct, an accessory dwelling unit or parking requirements. restriction or provision of a governing junior accessory dwelling unit. A “junior accessory dwelling unit” document that effectively prohibits or These changes were intended to may be up to 500 square feet in size unreasonably restricts the construction address California’s affordable housing and must have an outside entrance CAI-CV.org
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