Question 1

What are “66323 Units”?

Accepted Answer

HCD uses the term “66323 Units” to refer to ADUs and JADUs that are created pursuant to Government Code section 66323. They have also been referred to as “State mandated” or “State exempt” ADUs. Government Code section 66323 creates four categories of ADUs (and JADUs) that must be approved ministerially and are not subject to standards set forth in Government Code sections 66314-66322. For example, 66323 Units do not have to comply with lot coverage, front setbacks, and design standards. However, these ADUs must comply with building code and health and safety requirements for dwellings. The four categories are:

1. Single-Family Converted ADUs and JADUs 
One ADU per lot is permitted within the converted space of a proposed or existing single-family dwelling or accessory structure. This type of ADU must have exterior access and setbacks for fire and safety but is not subject to a four-foot side and rear yard setback. (Gov. Code, § 66323, subd. (a)(1).)

ADUs converted from accessory structures are eligible for a 150 square-foot expansion to accommodate ingress and egress. For example, if a second story from a single-family dwelling is converted into an ADU, a stairwell of not more than 150 square feet could be added, among other types of ingress and egress configurations that comply with the local building code. (Gov. Code, § 66323, subd. (a)(1)(A).)

In addition, one JADU per lot is permitted within the proposed or existing space of a single-family dwelling or accessory structure and must have exterior access, side and rear setbacks for fire and safety. (Gov. Code, § 66323, subd. (a)(1).) JADUs must also comply with the provisions of JADU Law found in Government Code sections 66333-66339. For the purposes of constructing a JADU, attached garages are part of a single-family dwelling. (Gov. Code, § 66333, subd. (d).) For more information, please see the Handbook section on JADUs.

2. Single-Family Detached ADUs 
One detached new construction ADU that does not exceed four-foot side and rear yard setbacks is permitted on lots with an existing or proposed single-family dwelling (Gov. Code, § 66323, subd. (a)(2)). The maximum unit size is 800 square feet with a height limitation of 16, 18, or 20 feet depending on conditions specified in Government Code section 66321, subdivision (b)(4). (Gov. Code, § 66323, subd. (a)(2)(B).)

3. Multifamily Converted ADUs 
ADUs may be created within the portions of existing multifamily structures that are not used as livable space (Gov. Code, § 66323, subd. (a)(3)(A)). Local agencies shall allow at least one ADU within an existing multifamily dwelling and up to 25 percent of the existing multifamily dwelling units (Gov. Code, § 66323, subd. (a)(3)(B)). Examples of structures that are not used as livable space include, but are not limited to: storage rooms, boiler rooms, passageways, attics, basements, or garages (Gov. Code, § 66323, subd. (a)(3)(A)).

4. Multifamily Detached ADUs 
Up to two detached ADUs are allowed on a lot that has a proposed multifamily dwelling, or up to eight detached ADUs are allowed on a lot with an existing multifamily dwelling, not to exceed the number of existing units on the lot. These ADUs are subject to four-foot rear and side yard setbacks and height limits of 16, 18, or 20 feet depending on conditions specified in Government Code section 66321, subdivision (b)(4). (Gov. Code, § 66323, subd. (a)(4)(A).) A local agency may not require that a setback be modified for an existing multifamily dwelling with setbacks less than four feet as a condition of ADU application approval (Gov. Code, § 66323, subd. (a)(4)(B)).

The local agency must allow the four categories of ADUs listed above to be combined as allowed by the site and lot conditions. For example, pursuant to Government Code 66323, subdivision (a), local governments must allow units created pursuant to subparagraphs (1) and (2) together or (3) and (4) together.

This means that on single-family lots, local agencies must allow at least one ADU constructed from existing space, one JADU, and one newly constructed detached ADU. For multifamily lots, local agencies must permit at least one ADU constructed from existing non-livable space (or up to 25 percent of the number of multifamily units), and two detached ADUs.

Question 2

What design, zoning, or other local standards can be imposed on 66323 Units?

Accepted Answer

A local agency may not impose development or design standards, including both local standards and standards found in State ADU Law, on 66323 Units that are not specifically listed in Government Code section 66323. (Gov. Code, § 66323, subds. (a), (b).) This includes, but is not limited to, parking, height, setbacks, or other zoning provisions (e.g., lot size, open space, floor area ratio, etc.).

Additionally, rentals of 66323 ADUs must be for terms longer than 30 days. (Gov. Code, § 66323, subd. (e).) Fire sprinklers are not required for the ADU if not required for the primary residence, and the construction of an ADU may not trigger the requirement for fire sprinklers in an existing multifamily dwelling. (Gov. Code, § 66323, subd. (d).)

Question 3

Can a 66323 ADU created by converting an existing accessory structure be expanded?

Accepted Answer

Yes. An ADU created within the existing space of an accessory structure can be expanded  beyond the physical dimensions of the structure up to 150 square feet solely for the purpose of  accommodating ingress and egress. (Gov. Code, § 66323, subd. (a)(1)(A).) An example is the  construction of a staircase to reach a second story ADU. The ADUs shall conform to setbacks  sufficient for fire and safety. (Gov. Code, § 66323, subd. (a)(1)(C).)

NOTE: A JADU may be created within the walls of a single-family residence and not  within an accessory structure. JADUs may not be expanded beyond the existing  dimensions of the single-family dwelling.

For more information regarding 66323 multifamily accessory units, please see Multifamily  ADUs.

Question 4

Can a limit on the number of bedrooms in an ADU be imposed?

Accepted Answer

A limit on the number of bedrooms could be construed as a discriminatory practice towards  protected classes, such as familial status, and would be considered a constraint on the  development of ADUs (Gov. Code, § 65008). Building code standards for minimum bedroom  size still apply.

Question 5

Can an ADU have no bedrooms?

Accepted Answer

A limit on the number of bedrooms could be construed as a discriminatory practice towards  protected classes, such as familial status, (Gov. Code, § 65008) and could also unreasonably  restrict the ability of homeowners to create ADUs (Gov. Code, § 66311). Building code  standards for minimum bedroom size still apply.

Question 6

Can an ADU application be denied due to building code violations?

Accepted Answer

An ADU application pursuant to Government Code section 66314 may be denied due to  building code violations on the primary unit only if the violations present a threat to public  health and safety and are affected by the construction of the ADU (Gov. Code, § 66322, subd.  (b)). However, all ADUs must comply with building code and health and safety requirements  for dwellings.

Question 7

Do state ADU laws apply to jurisdictions located in the California Coastal Zone?

Accepted Answer

Yes. ADU laws apply to jurisdictions in the California Coastal Zone, but do not alter or lessen the effect or application of Coastal Act resource protection policies (Gov. Code, § 66329).  Coastal localities should seek to harmonize the goals of protecting coastal resources and  addressing housing needs of Californians. For example, where appropriate, localities should  amend Local Coastal Programs for California Coastal Commission review to comply with the  California Coastal Act and new State ADU Laws.

For more information, see the California Coastal Commission 2020 Memo and reach out to the local Coastal Commission district office.

Question 8

Can an affordable housing deed restriction be imposed on an ADU?

Accepted Answer

No. A local agency cannot impose a deed restriction on an ADU. Government Code section  66315 states, “Section 66314 establishes the maximum standards that a local agency shall  use to evaluate a proposed accessory dwelling unit on a lot that includes a proposed or  existing single-family dwelling. No additional standards, other than those provided in Section  66314, shall be used or imposed, including an owner-occupant requirement, except that a local  agency may require that the property may be used for rentals of terms 30 days or longer.”  Section 66314, subdivision (b)(1) allows for local objective standards, but the examples  provided all relate to design and development standards (e.g., parking, height, setback,  landscape, maximum size of a unit). A deed restriction is not such a standard and thus cannot  be imposed.

Question 9

Can a deed restriction be imposed on a JADU?

Accepted Answer

Yes. A local agency may adopt an ordinance for the creation of JADUs (Gov. Code, § 66333).  That ordinance must “[r]equire the recordation of a deed restriction” that includes only a  prohibition on the sale of the JADU separate from the sale of the single-family residence and a restriction on the size and attributes of the JADU that conforms with state law (Gov. Code, §  66333, subds. (c)(1), (c)(2)).

Question 10

What types of fees are considered impact fees?

Accepted Answer

Impact fees charged for the construction of ADUs must be determined in accordance with the  Mitigation Fee Act and include any monetary exaction other than a tax or special assessment that is charged by a local agency in connection with the approval of an ADU for the purpose of  defraying all or a portion of the cost of public facilities relating to the ADU. (Gov. Code, §§  66324, subd. (a); 66000.) A local agency, special district, or water corporation shall not  consider ADUs as a new residential use for the purposes of calculating connection fees or  capacity charges for utilities, including water and sewer services. However, these provisions  do not apply to ADUs that are constructed concurrently with a new single-family home. (Gov.  Code, § 66324, subds. (b), (d).)

Question 11

Can impact fees be charged for an ADU less than 750 square feet?

Accepted Answer

No. An ADU is exempt from incurring impact fees from local agencies, special districts, and  water corporations if it is less than 750 square feet. If an ADU is 750 square feet or larger,  impact fees shall be charged proportionately in relation to the square footage of the ADU to the  square footage of the primary dwelling unit. (Gov. Code, § 66324 subd. (c)(1).) In this specific  instance, impact fees also include Quimby fees specified in Government Code section 66477 (Gov. Code, § 66324 subd. (c)(2)).

For ADUs that include a 150 square-foot exterior expansion, the 150 square feet count  towards the 750 square-foot limit. For example, a 700 square-foot interior conversion ADU with  23 a 150 square-foot exterior expansion for ingress and egress would count as an 850 squarefoot ADU for the purposes of calculating fees, thus triggering the proportionate fee requirement  of Government Code section 66324, subdivision (c).

Question 12

Can school districts charge impact fees?

Accepted Answer

Yes. School districts are authorized to, but do not have to, levy impact fees for ADUs larger than 500 square feet pursuant to Section 17620 of the Education Code and the Mitigation Fee  Act (Gov. Code, § 66000). ADUs less than 500 square feet are not subject to school impact  fees. Local agencies are encouraged to coordinate with school districts to carefully weigh the  importance of promoting ADUs and to ensure appropriate nexus studies are conducted on fees  to facilitate construction or reconstruction of adequate school facilities, as required by the  Mitigation Fee Act. Local agencies should not withhold the issuance of a permit to create an  ADU or JADU due to the imposition of school fees.

Question 13

Can I still be charged water and sewer connection fees?

Accepted Answer

ADUs constructed from existing space and JADUs shall not be considered by a local agency,  special district, or water corporation to be a new residential use for purposes of calculating  connection fees or capacity charges for utilities, unless constructed concurrently with a new  single-family dwelling (Gov. Code, § 66324, subd. (b)). The connection fee or capacity charge  shall be proportionate to the burden of the proposed ADU, based on its square footage or  plumbing fixtures as compared to the primary dwelling (Gov. Code, § 66324, subd. (e)).

Question 14

Can fire sprinklers be required for ADUs?

Accepted Answer

Only when sprinklers are required for the existing primary residence. Installation of fire  sprinklers shall not be required in attached, detached, or converted ADUs if sprinklers are not  required by building codes for the existing primary residence. For example, a detached singlefamily home designed and constructed decades ago would not have been required to have fire sprinklers installed under the applicable building code at the time. However, if the same  primary dwelling recently underwent significant alteration and is now required to have fire sprinklers, any ADU created after that alteration must be provided with fire sprinklers.  Additionally, the construction of an ADU under this code section shall not trigger a requirement  for fire sprinklers for the primary residence. Finally, if a primary dwelling currently does not  have fire sprinklers, and an attached ADU is proposed which would trigger fire sprinkler  requirements due to the increase in livable space, that requirement shall not be imposed upon  the primary dwelling unit. (Gov. Code, §§ 66314, subd. (d)(12); 66323, subd. (d).)

Question 15

Is there financial assistance or funding available for ADUs?

Accepted Answer

Possibly. While at the time of this writing the funds have been exhausted, the California  Housing Finance Agency’s (CalHFA) ADU Grant Program provided up to $40,000 in  assistance to reimburse qualifying homeowners for predevelopment costs necessary to build  an ADU or JADU on a lot with an owner-occupied single-family dwelling unit. The ADU Grant  Program was intended to create more housing units in California by providing a grant to  reimburse qualifying homeowners for predevelopment costs. Predevelopment costs include,  but are not limited to, architectural designs, permits, soil tests, impact fees, property surveys,  and energy reports.

Some local agencies are creating funding opportunities for ADU/JADU predevelopment and construction costs, or they are waiving fees.

For local agencies wanting to apply for funding for ADUs and JADUs, some of HCD’s funding  programs, such as the CalHome Program, the Permanent Local Housing Allocation program,  the Prohousing Incentive Program, and the Local Housing Trust Fund Program, do include  funding for these housing types as eligible activities.

For more information on local and state funding opportunities for ADU/JADU predevelopment or construction, or funding options for local agencies, please see the Grants and Funding  section of our ADU webpage: https://www.hcd.ca.gov/policy-and-research/accessory-dwelling-units.

The Federal Housing Administration (FHA), Freddie Mac, and Fannie Mae also provide loans  to support ADUs. The links below include information on these finance programs, including  relevant definitions and criteria.

FHA
The FHA recently expanded access to mortgage financing for homes that have or will include  ADUs. Specifically, the updated loan policies allow for the inclusion of rental income from the  ADU in the borrower’s qualifying income and would allow more borrowers to qualify for FHA  financing for properties with ADUs. This includes the 203(k) Rehabilitation loan. Note that the  203(k) Rehabilitation loan may only be used to construct an attached ADU.

For more information on the updated policies, please reference the FHA Single Family  Housing Policy Handbook at https://www.hud.gov/sites/dfiles/OCHCO/documents/40001-hsghupdate15-052024.pdf, or the 2023 Mortgagee Letter that includes specific ADU finance  changes in the handbook https://www.hud.gov/sites/dfiles/OCHCO/documents/2023- 17hsgml.pdf. Interested parties should look to HUD’s website for any updates.

Freddie Mac 
Freddie Mac now offers several options for adding an ADU to an existing home and financing a  purchase with the intention to rent or build an ADU. This includes allowing rental income from  ADUs to be included in qualified income for a loan.

For more information, please visit https://sf.freddiemac.com/docs/pdf/fact-sheet/adu-factsheet.pdf.

Fannie Mae Fannie Mae now offers financing options for adding an ADU to an existing property, building a  home with an ADU using Construction-to-Permanent Financing, and buying a home with an  existing ADU.

For more information, please visit https://singlefamily.fanniemae.com/originatingunderwriting/mortgage-products/accessory-dwelling-units.

Question 16

Is there a limit on the height of an ADU?

Accepted Answer

There is no height limit contained in State ADU Law, but local agencies may impose height limits pursuant to Government Code section 66321, subdivision (b)(4). A local agency may  impose a height limit by adopting a compliant ADU ordinance.

A local agency may not impose a height limit that is less than the following:

Detached ADUs
16 feet on a lot with a proposed or existing single-family or multifamily dwelling unit (Gov.  Code, § 66321, subd. (b)(4)(A)).

18 feet on a lot with an existing or proposed single-family or multifamily dwelling, including an  additional 2 feet to accommodate roof pitch that aligns with the primary dwelling, when the lot  is a half-mile from a major transit stop or high-quality transit corridor (Gov. Code, § 66321,  subd. (b)(4)(B)).  Please see the ADU Glossary for definitions of these terms.

18 feet height on a lot with an existing or proposed multifamily, multistory dwelling (Gov. Code,  § 66321, subd. (b)(4)(C)).

If a detached two-story ADU can be built according to the height allowances required under  State ADU Law while remaining compliant with the building code, a local agency cannot deny an ADU application to create a two-story ADU, irrespective of the underlying zoning that might  restrict a primary dwelling to one story. (Gov. Code, §§ 66321, subd. (b)(4)(D); 66314, subd.  (d)(8).)

Attached ADUs
25 feet or the height limitation that applies to the primary dwelling in the local zoning  ordinance, whichever is lower (Gov. Code, § 66321, subd. (b)(4)(D)).

Question 17

Is there a limit on the number of stories of an ADU

Accepted Answer

There is no limit on the number of stories contained in State ADU Law. A local agency must  allow at least two stories, and an attached ADU may be built to the height of the zoning for the  primary dwelling or up to 25 feet, whichever is lower. (Gov. Code, § 66321, subd. (b)(4)(D).)

Question 18

Are there tools available to determine if a project qualifies for 18 feet in height?

Accepted Answer

The California State Geoportal features an interactive map and searchable database to assess  whether any California address is within a High-Quality Transit Corridor (HQTC) (as described  in Public Resources Code sections 21155, 21064.3, and 21060.2). This can assist with  determining if your projects are eligible for an extra two feet in height. However, the State ADU  Law does not designate a definitive resource for making HQTC proximity determinations.  Applicants should go to their Metropolitan Planning Organizations first to find out if they are in  a HQTC. If there is not one in their area, then they should go to their local agency.

Question 19

Can CC&Rs prohibit the construction or use of an ADU or JADU?

Accepted Answer

No. Sections 714.3 and 4751 of the Civil Code nullify covenants, conditions, and restrictions (CC&Rs) that either effectively prohibit or unreasonably restrict the construction or use of an  ADU or JADU on lots zoned to permit single-family residential uses. Such CC&Rs, including  operating rules, are void and unenforceable. Applicants who encounter prohibitions of ADUs  and JADUs within CC&Rs, whether implicit or explicit, are encouraged to reach out to their  local agency

Question 20

What restrictions can be placed on an ADU or JADU?

Accepted Answer

HOAs may impose some limited objective standards on an ADU or JADU, such as requiring,  within reason, specific materials, architectural styles, or other design and aesthetic restrictions.  However, these standards may not be more stringent than State ADU Law and thereby unreasonably increase the cost to construct or effectively prohibit or extinguish the ability to  create or serve an ADU or JADU. (Civ. Code, § 714.3, subd. (b).)

Examples of effective prohibitions, unreasonable costs, and extinguishments of the ability to  construct an ADU or JADU may include, but would not be limited to: 
	• Any delay in reviewing an ADU or JADU for compliance with reasonable restrictions  beyond the timeframes required of local agencies (60 days) or that significantly delay  the construction or use of an ADU or JADU. 
	• Requiring alteration to an ADU or JADU application that would cause the property  owner to incur substantial costs or forgo the development. 
	• Imposing a condition that would necessitate re-applying or amending a building permit  application that substantially complies with State ADU and JADU Laws.  
	• Mandating neighboring property owners’ approval or agreement for an ADU or JADU  application or considering any disapproval or disagreement to the construction or use of  an ADU or JADU by the neighbors as part of the local agency’s ministerial process to  approve or deny the application.  
	• Restricting the placement or location of an ADU or JADU such that it would be rendered infeasible or unusable by the property owner.  
	• Requiring major structural elements or design changes beyond the requirements set  forth in State ADU and JADU Law that would extinguish the ability to construct or use  the ADU or JADU.  
	• Imposing restrictions that are not objective or not knowable or available to the property  owners in advance of submitting the application.  
	• Levying excessive application fees, conditions, or other financial requirements that  would cause the property owner to incur substantial costs or forgo the development,  such as requiring owner-occupancy of an ADU or charging excessive maintenance fees  that would be unreasonable considering the size of the ADU proportionally to the  primary dwelling.

Property owners whose construction or use of an ADU or JADU is impeded by an HOA (or  their representatives or agents) are encouraged to reach out to their local agency and to seek  legal counsel.

Question 21

Can an HOA review or influence a local agency’s ministerial approval to create or serve  an ADU or JADU?

Accepted Answer

No. An HOA may not influence a local agency’s ministerial approval of an ADU or JADU. Local  agencies must provide an approval process that only includes ministerial provisions for the  approval of ADU permit applications. This approval process shall not include discretionary  processes, provisions, or requirements except as provided in Government Code section  66315. Thus, third party reviews by an HOA or their representatives or agents would violate  State ADU Law. (Gov. Code, § 66315.) No other local ordinances, policies, or regulations may  be applied in the approval or denial of an ADU or JADU permit application (Gov. Code, §  66317, subd. (c)). If a local agency allows an HOA to be involved in any part of an ADU or  JADU application process, the local agency is in violation of State ADU Law.

Question 22

Do ADUs and JADUs count toward a local agency’s RHNA?

Accepted Answer

Yes. Pursuant to Government Code sections 66330, and 65583.1, ADUs and JADUs may be  utilized towards the RHNA and the Housing Element Annual Progress Report (APR) required  by Government Code section 65400. To credit a unit toward the RHNA, HCD and the  Department of Finance (DOF) utilize the U.S. Census definition of a housing unit. Generally,  an ADU, and a JADU with shared sanitation facilities, and any other unit that meets the U.S.  Census definition and is reported to DOF as part of the DOF annual City and County Housing  Unit Change Survey can be credited toward the RHNA based on the appropriate income level.  The housing element or APR must include a reasonable methodology to demonstrate the level  of affordability. Local governments can track actual or anticipated affordability to assure ADUs and JADUs are counted towards the appropriate income category. For example, some local  governments request and track information such as anticipated affordability as part of the  building permit or other local applications.

For more information, please refer to the Housing Element Building Blocks or contact  HousingElements@hcd.ca.gov.

Question 23

What analysis is required to count ADUs toward the RHNA in the housing element?

Accepted Answer

To count ADUs towards the RHNA in the housing element, local agencies must generally use a  three-part approach: (1) development trends, (2) anticipated affordability, and (3) resources and incentives. Development trends must consider ADUs permitted in the prior planning period  and may also consider more recent trends. Anticipated affordability can use a variety of  methods to estimate the affordability by income group. Common approaches include rent  surveys of ADUs, using rent surveys and square footage assumptions and data available  through the APR required by Government Code section 65400. Resources and incentives  include policies and programs to encourage ADUs, such as prototype plans, fee waivers, expedited procedures, and affordability monitoring programs.

Question 24

Are ADUs required to be addressed in the housing element?

Accepted Answer

Yes. The housing element must include a description of zoning available to permit ADUs,  including development standards and analysis of potential constraints on the development of  ADUs. The element must include programs to address identified constraints. In addition, housing elements must include a plan that incentivizes and promotes the creation of ADUs that  can offer affordable rents for very low-, low-, or moderate-income households and requires HCD to develop a list of state grants and financial incentives in connection with the planning,  construction, and operation of affordable ADUs. (Gov. Code, § 65583; HSC, § 50504.5.)

Question 25

Can ADUs and JADUs impact a local agency’s Prohousing Designation status?

Accepted Answer

Yes. To qualify for a Prohousing Designation, a local agency must be in compliance with all  applicable state housing laws, such as those mentioned in Government Codes section 65585,  subdivision (j), which includes State ADU Law. An approved housing element and any  associated programs which promote ADU development will also need to be enacted and in  compliance to meet the minimum threshold requirements for a Prohousing Designation.  Additionally, ADUs and JADUs are specifically identified within the Prohousing Designation  Program as designation criteria under California Code of Regulations, Title 25, section 6606,  meaning that an ADU ordinance or program which promotes ADU development beyond the  minimum requirements of State ADU Law may score additional points towards their  Prohousing Designation. In other words, local agencies that are in violation of State ADU Law  will be ineligible for a Prohousing Designation, while local agencies that promote additional  ADU development can score additional points towards their Prohousing Designation, and all  the benefits that designation provides. (CCR Title 25, §§ 6600-6608).

Question 26

What is a JADU?

Accepted Answer

A “junior accessory dwelling unit” or JADU is a unit that is no more than 500 square feet in size  and contained entirely within a single-family residence. A JADU may include separate sanitation facilities or may share sanitation facilities with the existing structure. (Gov. Code, § 66333.)

Question 27

Are two JADUs allowed on a lot?

Accepted Answer

No. Only one JADU may be created per lot zoned for single-family residences with an existing  or proposed single-family residence (Gov. Code, § 66333, subd. (a)). The JADU may be  created within the walls of the proposed or existing single-family residence, including attached  29 garages (Gov. Code, § 66333, subd. (d)). If there are multiple detached single-family  residential units on one lot, there can only be one JADU.

Question 28

Can a JADU be created within a “half-plex”?

Accepted Answer

Yes, a JADU is permitted in a half-plex. A half-plex consists of two primary dwelling units on  separate lots that share a dividing wall. One JADU is permitted in each half-plex in areas  zoned for single-family use. (Gov. Code, § 66333, subd. (a).) If two units are attached on a  single lot (i.e., a duplex), the primary dwelling is considered multifamily and would not qualify  for a JADU.

Question 29

Are JADUs required to have an interior connection to the primary dwelling?

Accepted Answer

JADUs are required to be within the walls of the primary dwelling but are not required to have  an interior connection to the primary dwelling. However, if the JADU does not include a  separate bathroom, the JADU must include an interior entrance to the main living area. (Gov.  Code, § 66333, subd. (e)(2).)

Question 30

Are JADUs allowed in detached accessory structures?

Accepted Answer

No, JADUs are not allowed in accessory structures. The creation of a JADU must be within the  single-family residence. As noted above, “enclosed uses” within the residence, such as  attached garages, are eligible for JADU creation. (Gov. Code, § 66333, subd. (d).)

Question 31

Are JADUs allowed to be increased by up to 150 square feet when created within an  existing structure?

Accepted Answer

No. Only ADUs that are created from existing accessory structures are allowed to add up to  150 square feet “beyond the physical dimensions of the existing accessory structure” to  provide for ingress or egress (Gov. Code, § 66323, subd. (a)(1)(A)).

Question 32

Are there any owner-occupancy requirements for JADUs?

Accepted Answer

Yes. The owner must reside in either the remaining portion of the primary residence or in the newly created JADU. Owner-occupancy is not required when the owner is another  governmental agency, land trust, or housing organization. (Gov. Code, § 66333, subd. (b).)

Question 33

What can local agencies require as part of an “efficiency kitchen”?

Accepted Answer

An efficiency kitchen is a cooking facility with appliances, a food preparation counter, and  storage cabinets that are of reasonable size in relation to the size of the JADU (Gov. Code, §  66333, subds. (f)(1), (f)(2)). A local agency cannot be more restrictive than this definition. Thus,  requirements such as counter or cabinet sizes, specified electrical or gas connections, or  appliance types are not authorized by State JADU Law.

Question 34

Are JADUs required to provide parking?

Accepted Answer

No. Local agencies may not require parking as a condition to permitting a JADU, even when  the JADU is converted from an attached garage (Gov. Code, § 66334, subd. (a)).

Question 35

Should a local ordinance encourage the development of ADUs?

Accepted Answer

Yes. Pursuant to Government Code section 66310, the California Legislature found and  declared that, among other things, California is facing a severe housing crisis and ADUs are a  valuable form of housing that meets the needs of family members, students, the elderly, inhome health care providers, people with disabilities, and others. Therefore, ADUs are an essential component of California’s housing supply.

Recent changes to State ADU Law intend to address barriers, streamline approval, and expand  potential capacity for ADUs, recognizing their unique importance in addressing California’s housing needs. The preparation, adoption, amendment, and implementation of local ADU ordinances must be carried out consistently with Government Code section 66310 and must  not unduly restrict the creation of ADUs. Local governments adopting ADU ordinances should  carefully weigh the adoption of zoning, development standards, and other provisions for impacts on the development of ADUs.

State ADU Law provides the statutory minimum requirements for ADUs and JADUs. Local governments may elect to go beyond this statutory minimum to further the creation of ADUs.  (Gov. Code, § 66325, subd. (b).) Many local governments have embraced the importance of  ADUs as an important part of their overall housing policies and have pursued innovative strategies.

Question 36

Can a local agency adopt an ADU “bonus program?”

Accepted Answer

Yes. One common strategy used by local agencies to promote ADU development is to adopt  ADU bonus programs. HCD supports this approach to go above and beyond State ADU Law’s  requirements to address California’s ongoing housing crisis. A successful ADU bonus program should meet the following criteria:

1. The ADU bonus program is completely optional – There is no requirement, and no  consequence for not taking part in a local bonus program.
	2. The ADU bonus program only offers benefits in addition to the provisions of State ADU  Law, not in lieu of them – All state-mandated requirements are granted unconditionally.
	3. The ADU bonus program removes one or more physical constraints, such as a limitation  on the number of allowable units on a lot, ADU size, height, setback requirements, or a  waiver of design and development criteria.

Question 37

Does HCD have enforcement authority over ADU ordinances?

Accepted Answer

Yes. Pursuant to Government Code section 66326, subdivision (a), local agencies are required  to submit a copy of newly adopted ADU ordinances to HCD within 60 days of adoption. HCD may thereafter provide written findings to the local agency as to whether the ordinance  complies with State ADU Law. If HCD finds that the ADU ordinance does not comply with State  ADU Law, the local agency must respond to HCD’s written findings within 30 days. The local  agency shall either amend its ordinance in accordance with HCD’s findings, or adopt the  ordinance without changes, but include findings in its resolution explaining why the ordinance  complies with State ADU Law despite HCD’s findings. (Gov. Code, § 66326, subd. (b).)

Although not required by State ADU Law, HCD may continue to offer further technical  assistance to the local agency. However, if the local agency does not amend its ordinance in  accordance with HCD’s findings or adopt a resolution explaining why the ordinance is  compliant, HCD shall notify the local agency and may notify the Attorney General that the local  agency is in violation of State ADU Law. (Gov. Code, § 66326, subd. (c)(1).) While an  ordinance is non-compliant, the local agency shall apply state standards for the approval of  ADUs, until the local agency adopts a compliant ordinance. (Gov. Code, § 66316.)

In addition, HCD may review, adopt, amend, or repeal guidelines to implement uniform  standards or criteria that supplement or clarify State ADU Law (Gov. Code, § 66327).

Question 38

Do local agencies have to adopt an ADU ordinance?

Accepted Answer

No. Local agencies may choose not to adopt an ADU ordinance. Should a local government  choose not to adopt an ADU ordinance, any proposed ADU development would be subject  only to the standards set forth in State ADU Law. (Gov. Code, §§ 66315, 66316.) A local  agency that adopts an ADU ordinance may impose objective development and design  standards in compliance with Government Code section 66314.

Question 39

Is a local agency required to send an ADU ordinance to HCD?

Accepted Answer

Yes. A local government, upon adoption of an ADU ordinance, must submit a copy of the  adopted ordinance to HCD within 60 days after adoption. After the adoption of an ordinance, HCD may review and submit written findings to the local agency as to whether the ordinance  complies with the State ADU Law. (Gov. Code, § 66326, subd. (a).)

Question 40

Are charter cities and counties subject to the new ADU laws?

Accepted Answer

Yes. State ADU Law applies to a local agency, which is defined as a city, county, or city and county, whether general law or chartered (Gov. Code, §§ 66312; 66313, subd. (g)).

Question 41

Do ADU laws apply to areas governed by the Tahoe Regional Planning Agency (TRPA)?

Accepted Answer

Possibly. The TRPA was formed through a bistate compact between California and Nevada,  which elevates its authority above state laws. Under this authority, TRPA has adopted certain  restrictions that effectively limit lot coverage on developed land. State ADU Law may conflict to  a degree with the TRPA standards, and to the extent that it does, the TRPA law preempts or  overrides State ADU Law.

For more information, please see: https://www.trpa.gov/adus/

Question 42

Are ADUs permitted on lots within mobilehome parks or special occupancy parks?

Accepted Answer

No. A lot, as defined in Health and Safety Code sections 18210 and 18862.23, allows for only  one manufactured home, mobilehome, or recreational vehicle. Health and Safety Code section 18862.23 also allows one tent, camp car, camping cabin, or camping party on a lot within a  special occupancy park.

For more information, please contact the Division of Codes and Standards at:  NAOStaff@hcd.ca.gov for Northern CA or SAOStaff@hcd.ca.gov for Southern CA.

Question 43

What is considered a multifamily dwelling under State ADU Law?

Accepted Answer

For the purposes of creating an ADU, a structure with two or more attached dwellings on a  single lot is considered a multifamily dwelling structure. Multiple detached single-unit dwellings  on the same lot are not considered multifamily dwellings for the purposes of State ADU Law.

Question 44

Does a local agency have to permit ADUs on lots zoned for multifamily use?

Accepted Answer

Yes. A local agency must permit an attached, detached, or converted ADU on a lot that is  zoned to allow single-family or multifamily residential use and includes an existing or proposed  dwelling (Gov. Code, § 66314, subds. (d)(2), (d)(3)). An applicant may build a detached or a  converted ADU on a site in a residential or mixed-use zone with a proposed or existing  multifamily dwelling. (Gov. Code, § 66323, subds. (a)(3), (a)(4).) (See next question for more  information.)

Question 45

How many ADUs are allowed on a multifamily site under Government Code section  66323?

Accepted Answer

Under Government Code section 66323, an applicant may apply to build up to eight detached ADUs (Gov. Code, § 66323, subd. (a)(4)(A)) and at least one conversion ADU within an  existing multifamily dwelling and up to 25 percent of the number of units in the existing  multifamily dwelling (Gov. Code, § 66323, subd. (a)(3)(B)).

Question 46

Can JADUs be created in multifamily dwelling structures?

Accepted Answer

No. JADUs may only be constructed on a site with a proposed or existing single-family  dwelling in an area zoned for single-family residences; a JADU cannot be constructed on a  multifamily site (Gov. Code, § 66333, subd. (a)).

Question 47

Can a permitting agency impose accessibility standards on ADUs converted from  existing space?

Accepted Answer

Maybe. For more information on ADA standards as they apply to your specific dwelling, please  contact the Division of Codes and Standards at HCDBuildingStandards@hcd.ca.gov.

Question 48

Can a leasing office be converted into an ADU?

Accepted Answer

Yes. A leasing office within an existing multifamily dwelling structure can be converted to at  least one ADU – and up to 25 percent of the existing multifamily dwelling units – provided the  ADUs comply with state building standards for dwellings. (Gov. Code, § 66323, subd.  (a)(3)(A).)

In addition, a leasing office on a lot with an existing multifamily dwelling may be converted into  up to eight detached ADUs, not to exceed the number of existing units on the lot and subject to  height limitations in section 66321, subdivision (b), and to rear yard and side setbacks of no  more than four feet. (Gov. Code, § 66323, subd. (a)(4)(A).

Finally, an ADU can be created from an accessory space, including a leasing office, that is  either attached to or located within the multifamily structure or an accessory structure, or is  detached from the primary dwelling and located on the same lot as the primary dwelling, and  complies with other applicable standards. (Gov. Code, § 66314, subd. (d)(3).)

Question 49

Can a local agency refuse to permit an ADU or JADU because of nonconforming zoning conditions?

Accepted Answer

No. State ADU Law limits a local agency’s ability to deny a permit application due to the correction of existing, nonconforming zoning conditions. Nonconforming zoning conditions are physical improvements on a property that do not conform to current zoning standards.

For 66323 Units, a local agency cannot condition approval on the correction of nonconforming zoning conditions. For all other ADUs, a local agency may only deny a permit to create an ADU due to zoning non-conformance when the non-conformance creates a threat to public health and safety and is affected by the construction of the ADU.

Question 50

Can local agencies require owner-occupancy for an ADU?

Accepted Answer

No. A local agency cannot impose an owner-occupancy requirement on any ADU.

Question 51

Can ADU parking requirements exceed one space per unit or bedroom?

Accepted Answer

No. Parking requirements for ADUs shall not exceed one parking space per unit or bedroom, whichever is less. These spaces may be provided as tandem parking on a driveway.

Guest parking spaces shall not be required for ADUs under any circumstances. In addition, a local agency may not require off-street parking spaces to be replaced when a garage, carport, covered parking structure, or uncovered parking space is demolished in conjunction with the construction of an ADU or converted to an ADU.
 
Local agencies may choose to eliminate or reduce parking requirements for ADUs, such as requiring zero or a fraction of a parking space per each ADU (such as a ½ space per unit), to further reduce barriers to ADU construction and to facilitate more development of mixed-modal transportation such as walking and public transit.

Question 52

Are certain ADUs exempt from parking requirements?

Accepted Answer

Yes. A local agency shall not impose parking standards on any of the following ADUs, pursuant to Government Code section 66322, subdivision (a):

1) ADUs located within one-half mile walking distance of public transit. 
2) ADUs located within an architecturally and historically significant historic district. 
3) ADUs that are part of the proposed or existing primary residence or an accessory structure. 
4) When on-street parking permits are required but not offered to the occupant of the ADU. 
5) When there is a car share vehicle located within one block of the ADU. 
6) When a permit application for an ADU is submitted with a permit application to create a new single-family dwelling or a new multifamily dwelling on the same lot, provided that the ADU or the parcel satisfies any other criteria listed in Government Code section 66322, subdivision (a)(1)-(5).

Parking requirements for ADUs may not exceed one parking space per ADU or per bedroom, whichever is less. ADUs which have no bedrooms because they are an “efficiency unit” or studio do not increase the bedroom count.

In addition, local agencies may not impose parking requirements on 66323 Units.

Question 53

Is flexibility for siting ADU parking recommended?

Accepted Answer

Yes. Local agencies should be flexible when siting parking for ADUs. Off-street parking spaces for the ADU shall be permitted in setback areas in locations determined by the local agency or through tandem parking unless specific findings are made otherwise based on specific site or regional topographical or fire and life safety conditions.

When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU, or converted to an ADU, the local agency shall not require that those off-street parking spaces for the primary unit be replaced.

Question 54

What is an ADU permitting agency?

Accepted Answer

A permitting agency is “any entity that is involved in the review of a permit for an accessory dwelling unit or JADU and for which there is no substitute, including, but not limited to, applicable planning departments, building departments, utilities, and special districts.”

Question 55

Are ADUs permitted ministerially?

Accepted Answer

Yes. ADUs subject to State ADU Law must be considered, approved or denied, and permitted ministerially, without discretionary review or a hearing. Development standards must be objective to allow for ministerial review. Objective standards require a uniform benchmark or reference that is knowable by both the permit applicant and the permitting agency prior to the submission of an application to create or serve an ADU.

Question 56

What are considered objective standards for ministerial approval?

Accepted Answer

Examples include numeric and fixed standards such as heights or setbacks, or design standards such as specified colors or materials.

Question 57

What would be considered subjective standards?

Accepted Answer

Subjective standards require independent judgement and are open to multiple interpretations. Language such as “privacy,” “compatibility with neighboring properties,” “promoting design harmony and balance,” “must maintain similar architecture style,” or requiring “high quality materials” are subjective and may not be imposed on ADU development.

Question 58

What is the process and timeline for reviewing and approving ADU and JADU applications?

Accepted Answer

Under the Permit Streamlining Act, and whether or not a local agency has adopted an ordinance, a local agency has 30 calendar days to determine whether or not an ADU application is complete. If an application is deemed incomplete, the local agency must provide an exhaustive list of items that were not complete. That list shall be limited to those items actually required on the lead agency’s submittal requirement checklist.

If the application is complete, it must be approved or denied ministerially within 60 days from the date the permitting agency received the complete application. Applicants are responsible for paying all applicable processing and permitting fees that may be due at the time of application.

Question 59

What kind of environmental review is required for ADUs and JADUs?

Accepted Answer

ADUs and JADUs approved ministerially are statutorily exempt from CEQA pursuant to Section 15268 (Ministerial Projects) of the CEQA guidelines and Section 21080, subdivision (b)(1) of the Public Resources Code. In addition, ADUs can be categorically exempt from CEQA pursuant to Sections 15301 and 15303 of the CEQA guidelines, authority cited under Public Resources Code Sections 21083 and 21084. ADU and JADU ordinances are statutorily exempt from CEQA pursuant to Section 21080.17.

Question 60

What does ministerial review of a permit application involve?

Accepted Answer

A ministerial review ensures that the permit application meets all the applicable objective standards effective at the time of the review and uses no discretionary judgment, opinion, or subjective standards.

Agency staff inspect the submitted application, site plan, and building plans for compliance with applicable standards. This often means that the permitting agency (i.e., planning, building, fire departments and utilities) reviews the application using only checklists.

Question 61

Can an applicant delay the 60-day timeline?

Accepted Answer

Yes. If an applicant would like to request a delay on their application for any reason, they may do so. The 60-day period to approve or deny the permit shall be tolled for the period of the delay.

Question 62

When is an ADU permit application “deemed approved” without formal review?

Accepted Answer

An ADU permit application is “deemed approved” when the permitting agency fails to approve or deny a completed application within 60 days of receiving a completed application.

Question 63

Do ADUs need a Certificate of Occupancy?

Accepted Answer

Yes, property owners must obtain a Certificate of Occupancy from the local agency prior to any residential occupancy of an ADU or JADU.

Question 64

Can the local agency deny a permit application for an unpermitted ADU that was built before 2020?

Accepted Answer

A local agency shall not deny a permit for an unpermitted ADU that was constructed before January 1, 2020, due to the ADU being in violation of building standards, non-compliance with State ADU Law, or any local ordinance regulating ADUs. However, the local agency may deny the permit if the local agency makes a finding that correcting the violation is necessary to protect the health and safety of the public or occupants of the structure, or if the building is deemed substandard pursuant to section 17920.3 of the Health and Safety Code.

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