California ADU Amendment on Jurisdiction Restrictions Explained

In California, Accessory Dwelling Units (ADUs) have become a pivotal solution to the state’s housing challenges. To promote their development, the state has implemented amendments that limit local jurisdictions’ ability to impose restrictive regulations on ADUs.

Here are the Key Amendments

Size Regulations

Minimum and Maximum Sizes: Local governments can no longer set minimum or maximum square footage requirements for ADUs that would prevent the construction of an 800-square-foot unit. This ensures homeowners can build at least an 800-square-foot ADU, regardless of local ordinances.

Setback Requirements

Reduced Setbacks: The state mandates that side and rear setbacks for ADUs cannot exceed four feet. This reduction facilitates easier placement of ADUs on various lot sizes.

Height Limits

Standard Height Allowance: A minimum height of 16 feet must be permitted for all ADUs. In certain scenarios, such as proximity to major transit stops, heights up to 18 feet are allowed.

Owner-Occupancy Requirements

Elimination of Owner-Occupancy Mandates: Local agencies cannot require that the property owner reside in either the primary dwelling or the ADU, providing greater flexibility for property owners.

Parking Requirements

Parking Exemptions: ADUs located within half a mile of public transit, in historic districts, or part of an existing primary residence or accessory structure are exempt from additional parking requirements.

These amendments are part of California’s broader strategy to address housing shortages by streamlining the development of ADUs, thereby increasing housing availability and affordability across the state.

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