ADU Got Time?
You must toll the time for 60 days
When an applicant requests a delay
§ 66317(a) / § 66320 (a) / § 66335 (a)(4)
No local ordinances, policies, or regulations shall do this
§ 66317 “shall be the basis for the delay or denial of a building permit or a use permit...”
An ADU can be constructed on this type of lot
"Lots zoned to allow single-family or multifamily dwelling residential use and includes a proposed or existing dwelling" §66314 (d)(2) or 66323 (a)(1)
Can't charge impact fees on these
ADUs under 750 square feet § 66324(c)(1)
a physical improvement on a property that does not conform to current zoning standards
“Nonconforming zoning condition” §66313 (g)
Do it within 60 days after this adoption date
When must an ADU ordinance be sent to HCD?
§ 66326
This subdivision makes the legislature (and us) angry
§ 66310 (e) - "California faces a severe housing crisis"
JADUs must be in these areas
"single-family residential zones" §66333
or "within the walls of the proposed OR existing single-family residence" §66333 (d)
a JADU shall not be considered a separate or new dwelling unit for this
For purposes of any fire or life protection ordinance or regulation § 66337 OR A connection fee § 66338
Standards can be imposed on ADUs that prevent adverse impacts on any real property that is listed in this
§66314 (b)(1) "the California Register of Historical Resources"
This must be within the time period described in subdivision (a) when denying a JADU
"Return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant." § 66335 (b)
There’s no bargaining this reasonable response time
Local agencies have 30 days to respond to the findings before the department takes "any other action authorized by this article"
Permanent provisions for these must be on the same parcel as the single-family or multifamily dwelling...
"living, sleeping, eating, cooking, and sanitation" § 66313 (a)
Must not so arbitrary, excessive, or burdensome so as to unreasonably restrict ADUs
§ 66311
This Section relates to dividing ADUs according to the Subdivision Map Act
§ 66342
Longer than 30-days
§ 66323 (d) Require that a rental of the ADU ... be for a term longer than 30 days.
This official might find a depressed sewage pipe if a sewage disposal system being used
§ 66314 (d)(9) - " the local health officer"
Exempts any requirement for a zoning clearance or separate zoning review
§66321 (b)(3)
ADUs created within a proposed dwelling don't have to install these
"a new or separate utility connection directly between the accessory dwelling unit and the utility or impose a related connection fee or capacity charge..." § 66324 (d)
Persons and families of low or moderate income
§ 66340 "Qualified Buyer" of an ADU
HCD must consider this between January 1, 2017, and January 1, 2020
§ 66326 (c)(2) - Before notifying the Attorney General that the local agency is in violation of state law, the department may consider whether a local agency adopted an ordinance in compliance with this article
The primary must be approved and receive acceptance of one of these before an ADU can receive one
§ 66328 - A certificate of occupancy
Pick the lowest
§66321 (b)(4)(D) "A height of 25 feet or the height limitation in the local zoning ordinance that applies to the primary dwelling."
Fees Local Agencies can reimburse themselves for
"costs incurred to implement this section, including the costs of adopting or amending any ordinance that provides for the creation of an" ADU § 66317
This sale is clearly prohibited
"junior accessory dwelling unit separate from the sale of the single-family residence" § 66333 (c)1