Calif. Government Code § 65852.2
Amended by A. B. 494 and S.B. 229
Effective date: January 1, 2018
Residential accessory units include studios, pool houses, and other similar structures which are built on the same land as a proposed or existing primary residence. A city may require that an owner occupy the primary or accessory unit before permit approval.
Accessory units may be rented separately from a primary residence, but may not be conveyed separately from the primary residence.
An accessory unit converted from an existing garage does not require a setback.
A local agency may not require more than one parking space per accessory unit or per bedroom in the accessory unit, whichever is less. If the accessory unit has been converted from a garage, carport or covered parking structure, the local agency may require the property owner to provide replacement parking spaces in the same lot as an accessory unit.
Offstreet parking or tandem parking, meaning two or more cars lined up behind one another, may still be prohibited for fire or safety reasons, but it may not be prohibited simply because it is not allowed elsewhere in the relevant jurisdiction.
For the purposes of utility fees, special districts and water corporations may not consider accessory dwelling units constructed within the existing space of the primary single family residence to be a new residential use. Special districts and water corporations also may not require the installation of utility connections directly between these accessory dwelling units and the utility, or to impose a related connection fee.
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It seems unlikely that ADUs will make a large dent in the housing crisis but at least it’s a step in the right direction. Homeowners can benefit from the rental income and/or house a family member or friend.
The recent changes that allow for streamlining of the construction and approval process and major reduction in fees shows how the government is a huge part of the problem for the lack of housing and high cost of housing in California. By making these changes they are essentially accepting blame.