Since it has been several months since I last wrote in this blog about my own ADU project, it seemed that people might be curious to know where things stand.  Also, reflecting general increased interest and activity in this type of housing stock, I have been seeing more ADU matters in my own law practice.  Given these developments, I thought it was time to revisit this topic. When Lisa and I first began talking about the idea of an ADU, we sought a general idea of the cost from a general contractor who works with another professional we know, and it was clear that a “stick-built” ADU ..read more

Accessory dwelling units (“ADUs”) have become simpler to build and more popular in California as a result of legislative changes at the state level.  The intent of these changes has been to clarify those laws, as well as to remove red tape and regulatory barriers at the local level.  In particular, California laws passed in recent years have changed the rights and obligations of ADU builders with respect to parking. For many years, until 2020, a number of cities put onerous parking requirements on new ADUs. This changed in January 2020. First, a city can only require one parking spac ..read more

California law governing ADUs has been revised pursuant to two new “clean up measures”, SB 897 and AB 2221, which went into effect January 1, 2023. These new laws clarify and correct several different unforeseen barriers to the approval and construction of ADUs that had surfaced after the adoption of previous ADU legislation by the state.  These revisions will require local authorities to review and update their local ADU ordinances in order to conform to state law. One important change provided under these new laws is the requirement that local standards imposed on ADUs be objective, in ..read more

As you may know, accessory dwelling units (“ADUs”) have been an interest of mine here for several years as one of the many ways that the California legislature has tried to address our housing shortage.  For those of you who are not familiar with this subject, ADUs, which were formerly known under California law as “secondary units”, and which are also known as “granny flats” or “in-law units,” are separate housing units located on the same lot as your primary residence.  These projects have become increasingly popular in our Golden State as they can provide rental income, a space fo ..read more

In January 2020 we wrote about a flurry of new measures passed by the California legislature that, taken together, were designed to stimulate the development of ADUs Units throughout California.  Santa Clara County also announced a new zoning ordinance that implements these measures, which was adopted in March 2020. “Santa Clara County provides for secondary dwellings (or Accessory Dwelling Units, or ADUs) in zoning districts that allow residential uses. There are provisions specific to rural zoning districts and urban unincorporated districts, and they vary based on lot size. ADUs m ..read more

Entering a new decade, California is primed to implement several bills signed into law at the end of 2019 that seem poised to turbocharge the trend of making accessory dwelling units (“ADUs”) less expensive, easier to get approved, and much more common in the Golden State.  Despite these salutary efforts, however, obstacles to the successful implementation of these laws still remain, in the form of ongoing local animosity towards the additional density created by these structures.  While the future is unclear, it is likely that such policies will continue to face headwinds from local ..read more

In July, the City of Redwood City enacted ordinances imposing height and privacy restrictions on ADUs in response to a spate of objections from local residents who raised concerns about the increase in second-story ADUs in their neighborhoods, which has resulted from changes in local codes encouraging ADUs in that city. Since 2015, Redwood City has vigorously promoted the construction of ADUs.  That year, the City Council completely overhauled its existing accessory dwelling law to encourage the development of ADUs in selected zoning districts in the city.  In 2017, the City further ..read more

In partnership with the Housing Trust of Silicon Valley, Mayor Sam Liccardo of San Jose has introduced a proposal to spur construction of ADUs to help address the housing crisis.  The city’s “Yes in My Backyard” program would waive impact fees and provide forgivable loans to homeowners in San Jose who build an ADU or convert a garage into a dwelling unit and agree to restrict rents to a level that is affordable to low-to-moderate income households.  These loans would be capped at a reasonable amount (e.g., $20,000) to ensure that that city processing fees would not add to the cost of ..read more

On June 18, the San Jose City Council voted unanimously to approve several zoning code amendments that are intended to make it easier for people to build ADUs on their property in that municipality.  Effective July 27, these changes will include: Increasing the maximum size of allowable ADUs from 800 square feet to 900 square feet Allowing two-story ADUs (either stand-alone or atop a garage or accessory structure) Allowing ADUs to be built on lots zoned for high-density residential development Allowing ADUs that are at least 800 square feet in size to have two bedrooms Reducing the minim ..read more

California’s ongoing housing crisis continues to draw a great deal of attention and focus from a variety of quarters.  Governor Newsom has made addressing this situation a significant piece of his 2019-20 budget. Recently, a Southern California startup company has come up with a novel approach to dealing with this situation, by attempting to transform certain garages into living spaces en masse.  Steven Dietz, a former venture capitalist who co-founded Upfront Ventures, has now moved into the role of entrepreneur as the CEO of United Dwelling, a business dedicated to turning a signif ..read more