Junior Accessory Dwelling Units Law In California
The State of California recently adopted legislation (SB 13, AB 68 and AB 881) that defines the standards local jurisdictions can apply to Accessory Dwelling Units (ADU) and Junior Accessory Dwelling Unit (JADU). This legislation is contained in the California State Government Code Section 65852.2.
This state legislation supersedes the City’s provisions for ADUs and JADUs as outlined by respective city municipalities. The City’s specific requirements will be examined in early 2020, in the meantime, the provisions of state law, as outlined below, will be used to evaluate applications for ADUs and JADUs.
Junior Accessory Dwelling Unit (JADU) General Provisions
- A. There is a limit of one JADU per lot zoned for single-family residences. The JADU shall be constructed within walls of a proposed or existing single-family residence.
- b. Maximum size is 500 square feet, however, an additional 150 square foot expansion beyond the physical dimensions of the existing structure is permitted strictly to accommodate ingress and egress to JADU.
- c. The JADU shall include a separate entrance from the main entrance to the proposed or existing single-family residence.
d. The JADU shall include an efficiency kitchen, which includes:
- i. Cooking facility with appliances (240-volt service outlets now permitted)
- ii. Food preparation counter and storage cabinets that are of reasonable size in relation to the size of the JADU
- iii. No restriction on maximum waste line diameter
e. A deed restriction is required and must include the following stipulations:
- i. Prohibition on the sale of the JADU separate from the sale of the single-family residence.
- ii. Restriction on the size and attributes of the JADU.
- iii. If a JADU is rented, the unit shall not be rented for a period of less than 30 consecutive calendar days
- iv. Owner occupancy of one of the units on-site is required* *Owner-occupancy is not required if the owner is another governmental agency, land trust, or housing organization.
- f. The JADU may share sanitation facilities (i.e. bathroom/shower) with a primary residence.
III. Accessory Dwelling Units and Junior Accessory Dwelling Units on the Same Lot a. Both a JADU in an existing space and a new detached ADU up to 800 square feet, maximum height 16 ft., may occur on the same single-family lot, with some limitations (see CA Gov Code 65852.2.(e)(1)(A) and (B)).
IV. Accessory Dwelling Units and Junior Accessory Dwelling Unit on Multi-Family Residentially Zoned Properties a. Multi-family buildings may add ADUs up to 25% of the existing unit space (example: 4- the unit building would be allowed one ADU), or at least one (1) ADU.
These ADUs must meet building code requirements and the existing space must not be currently used for a living (storage units and garages would qualify). 3 Accessory Dwelling Unit and Junior Accessory Dwelling Unit Standards.
b. Spaces required as part of a condition of approval or zoning requirement (e.g. long-term bike storage room) cannot be converted.
c. Not more than two detached units may be added to a lot with a multi-family building if no more than 16 feet high with 4-foot side and rear setbacks.
V. Parking Requirements a. No parking for an ADU is required if:
i. Within ½ mile walking distance of public transit.
ii. Located within an architecturally and historically significant historic district.
iii. ADU is part of the proposed or existing primary residence or accessory structure.
iv. When on-street parking permits are required but not offered to the ADU occupant.
v. When there is a car share vehicle located within one block of the ADU.
b. No parking is required for a JADU.
c. No replacement parking for the primary residence is required when a garage, carport or covered parking is converted to an ADU or is demolished to provide an area for an ADU.