Why this article is important: ADUs, (aka granny flats), are an integral part of California’s housing landscape. A new law clarifies ADU size requirements and regulations.
The JADU bug is catching on
Junior accessory dwelling units (JADUs) are the subject of streamlined local administration in a new law recently passed by Senate Bill 543.
The new codes distinguish ADUs from JADUs for improved local governance.
A JADU is a dwelling composed of no more than 500 square feet of interior livable space. [Calif. Government Code §66313(d)]
An ADU is no larger than:
850 square feet of interior livable space; or1,000 square feet of interior livable space containing two or more bedrooms. [Gov C §66321(b)(2)]
Neither ADUs nor JADUs may be required to provide a minimum square footage. [Gov C §66321(b)(1)]
Presently, impact fees may not be assessed on ADUs no larger than 750 square feet. However, numerous local agencies incorrectly apply the limitation to include the ADU’s total footprint, not just interior space. Thus, they inhibit ADU starts by subjecting them to impact fees.
The new codes clarify the 750 square feet maximum to avoid impact fees applies only to the interior livable space of the ADU. [Gov C §66311.5(c)(1)]
Further, the new codes regarding local school districts which levy fees against new residential construction when larger than 500 square feet specify the 500 square foot requirement applies only to interior livable space — not the footprint of the ADU or JADU. [Gov C §66311.5(c)(3)]
Related article:
New laws mitigate the stress of the ADU permit process
The ADU solution
Today’s additional codes are the latest in several pro-ADU laws passed in recent years. For example, existing codes prohibit the rejection of ADU permits due to local agency procedural roadblocks, like:
ADU parking standards;nonconforming zoning;front setback limits;fire sprinkler requirements; andheight restrictions when the lot is located near public transit or on a lot with existing multi-family units.
Since these NIMBY-induced red tape ordinances are some of the biggest obstacles to feasible ADU construction, removing local barriers for issuing permits results in more organic growth where demand is present (read: everywhere in California).
ADUs benefit local housing markets by:
allowing homeowners to build wealth by becoming landlords;increasing the local housing supply where housing already exists; andoffering a cost-effective option for renters.
Related client info flyer:
Monetize your property with an ADU