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California ADU Law  Summary - California Code 65852.2

Look over the State ADU law 2-page Summary below. It underpins and prevails over your city's or county's ordinance if there are any contradictions. (Text in purple came into effect Jan 1, 2020.)
Housing and Community Development (HCD) administers the State ADU law. Their site has a good ADU overview and their ADU Guidelines  offer local jurisdictions' interpretations of the law.


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In the works- State Bills

State 2021 legislative cycle
These bills are just beginning their journey through committees where they will be amended and rewritten. Some will die before advancing to the main body for vote.


AB561 (Ting)  Giving homeowners with less than 3 rental properties access to construction loans for ADU if home is owner-occupied.


AB1401 (Friedman)  Reduce mandatory parking for smaller projects and projects near transit.

SB9 (Atkins) reintroduced from last cycle - mini-subdivision, bill allowing duplexes and properties with ADUs to split the lot into 2 separate parcels.  Needs better language from last year, but  "Is this the way your kids get their first home?"


SB10 (Wiener)
Streamlines the approval process for all upzoned projects between 3-10 units in non-sprawl areas.If it has teeth, it may help missing middle in-fill housing  as well as local jurisdictions doing upzoning ordiances.


SB477 (Wiener) Study the impacts of zoning on real estate

SB478 (Wiener) Establish minimums for planning tools like floor area ratios (FAR) and minimum lot  that local jurisdictions may use.

SCA 2 (Allen, Wiener) would repeal an article of the State Constitution that prohibits the development, construction, or acquisition of a low-rent housing project until a majority elect to approve.


In the works- Federal Legisltation

Biden Infrastructure Plan Addresses Housing Inequity & Exclusionary Zoning
Within the recently released $2 trillion infrastructure plan  is more than $5 billion in block grants to  cities that address exclusionary zoning laws , like single-family zoning and other land use planning tools – minimum lot sizes, mandatory parking requirements, and prohibitions on multifamily housing –  that have locked families out of areas with more opportunities.
So there's this carrot for Covid-strapped city budgets throughout California to reassess this type of zoning; a national movement could hasten what California cities like Berkeley and Sacramento have already begun.

What kind of community could you assemble if you could build ADUs, duplexes or triplexes on residential parcels anywhere?

Biden is calling on Congress to enact an innovative, new competitive grant program that awards flexible and attractive funding to jurisdictions that take concrete steps to eliminate such needless barriers to producing affordable housing. See more  in the news about Exclusionary Zoning changes here.

loni gray      loni@lonigray.com      510.508.7003       

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