No New ADU CA 2019 Mandated Changes
By SB Woman
There will be no changes in CA State ADU (Accessory Dwelling Unit) Mandates in 2019. Proposed changes contained in SB831 did not make it out of Committee on the Assembly side.
Legislative Counsel has yet to make a determination if single-family neighborhood communities with CC&R's (covenants, conditions, and restrictions) can restrict ADUs; and if CC&R governed neighborhoods are indeed subject to ADU State Law, whether CC&R Communities can restrict all ADU development or only new construction versus conversion of exiting space.
Housing and Community Development (HCD) shared that it is not known if or when CC&Rs will be addressed by Legislative Counsel.
New laws effective January 1, 2018: State legislation provides clarification and fee assistance for the creation of ADUs. Governor Brown signed two separate bills on October 8, 2017: SB 229 (Wieckowski) and AB 494 (Bloom). These bills, effective January 1, 2018, clarify and improve various provisions of the law to promote the development of ADUs, including allowing ADUs to be built concurrently with a single-family home, opening areas where ADUs can be built to include all zoning districts that allow single-family uses, modifying fees from utilities, such as special districts and water corporations, and reducing parking requirements. (Note: CC&R governed communities question “ALL zoning districts...”)
Recent updates to state laws and FAQs for ADUs can be found on HCD’s designated ADU website.
Local City and County ADU adopted Ordinances differ. State legislation effective 2017 gave Califormore flexibility and latitude for allowing homeowners to build ADUs. Three separate bills were introduced and signed by Governor Brown; SB 1069 (Wieckowski), AB 2299 (Bloom), and AB 2406 (Thurmond). Each of these land use bills make it easier than ever for homeowners to take advantage of this attractive opportunity.
The City of Santa Barbara allows ADUs in high fire areas, and Junior Accessory Dwelling Units (JADUs) in Extreme high fire areas. The majority of designated high and extreme high fire areas are in Rep Kristen Sneddon’s District which includes Eucalyptus Hill and the Riviera. Rep. Sneddon determined additional dwellings with vehicles are safe with no improvements to existing roads or parking infrastructure.
Up to 2700 units could be added according to SB City Staff. CA State mandate allows for exemptions from ADU development in areas locally deemed unsafe.