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3.A - Page 11 of 23 <br />Prepared by: Heather Peters <br />oQ S E C O N D UNIT Senior Housing Policy Analyst <br />aRESOURCES CENTER San Mateo County Dept. of Housing <br />e SAN M A T E O COUNTY Contact: homeforall@smcgov.org <br />New State Laws Make ADU/Second Unit Construction Easier Than Ever Before <br />2019 has been another big year for state legislation intended to make it easier for homeowners to build a second <br />unit (ADU) on their property. Listed below are some of the key highlights from bills that have been approved this <br />year (many within the past week). All of the following laws take effect on January 1", 2020. <br />AB 670 (Friedman): Homeowners associations cannot ban ADUs or JADUs, regardless of any existing rules doing <br />so. HOAs can set reasonable design guidelines for ADUs and JADUs. <br />AB 68 (Ting) / AB 881 (Bloom) / 5613 (Wieckowski): The following is added to state law, and will override any <br />local city rules to the contrary': <br />• One detached ADU and one JADU will be allowed by right on a single-family lotz. The JADU can have a full <br />kitchen. <br />• There will be no minimum lot sizes for ADUs. <br />• No setback will be required if the ADU is the conversion of an existing structure at the property line. <br />• Must allow units with a size up to 800 sf that follow building construction standards (no lot coverage, floor <br />area ratios or open space requirements can reduce this minimum)'. Units under 800 sf can be 16 feet tall <br />and can have a setback of four feet on the side and rear of the unit. <br />• Cities have 60 days to review a permit application. As before, ADU permits are "ministerial," so there is no <br />public hearing and they just check if it meets the rules. <br />• No replacement parking for the main house is required if you convert a garage. <br />• No parking is required for an ADU, period, if it is within a half mile walk of transit. <br />• No impact fees on ADUs less than 750 sf, if larger than 750 sf, impact fees must be proportional to main <br />house. <br />• ADUs that receive building permits between 1/1/2020 and 12/31/2024 are exempt from owner occupancy <br />rules. <br />• Mandatory 5 -year stay of enforcement on unpermitted ADUs if they meet health and safety standards. <br />• No short-term rentals of ADUs or JADUs. <br />• ADUs will be allowed in multi -family and mixed-use zones. ADUs will be allowed in multifamily buildings- up <br />to 2 detached ADUs, plus allowing for the conversion of uninhabited spaces for multiple ADUs (up to 25% of <br />units in multifamily buildings). <br />If you have been waiting on further ADU streamlining to start your project, it can't get any better than this. <br />These rules remove the most common zoning barriers to second unit construction and significantly reduce the <br />costs of these units. For up to date information on the latest in second unit regulation, please sign up for <br />updates at https://secondunitcentersmc.org/subscribe. <br />' These new rules will not override local coastal plan rules, so may not apply to unincorporated areas of the Coastside. <br />Z A JADU is an ADU made from interior space in a house and is under 500 sf. Unlike a regular ADU, the addition of a separate <br />bathroom for the unit is optional. <br />' Note: There is some internal inconsistency in the bills with 800 sf and 850 sf being mentioned in different places. <br />12 <br />