California Governor Jerry Brown signed into law Assembly Bill 2299, which allows homeowners to add “accessory dwelling units” (ADU’s) to their existing homes. The bill, which was sponsored by the California Apartment Association, defines ADUs as, “attached or a detached residential dwelling unit which provides complete independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family dwelling is situated.
Local ordinances may not be more stringent than the requirements of AB 2299, according to Realty Times.
ADU’s must comply with the following requirements:
- The unit is not intended for sale separate from the primary residence and may be rented.
- The lot is zoned for single-family or multifamily use.
- The accessory dwelling unit is either attached to the existing dwelling or located with the living area of the existing dwelling or detached from the existing dwelling and located on the same lot as the existing dwelling.
- The increased floor area of an attached accessory dwelling unit shall not exceed 50 percent of the existing living area.
- The total area of floor space for a detached accessory dwelling unit shall not exceed 1,200square feet.
- No setback shall be required for an existing garage that is converted to an accessory dwelling unit, and a setback of no more than five feet from the side and rear lot lines shall be required for an accessory dwelling unit that is constructed above a garage.
- Parking requirements for accessory dwelling units shall not exceed one parking space per unit or per bedroom. These spaces may be provided as tandem parking on an existing driveway.
- No additional standards, other than those provided in this subdivision [Code Section], shall be utilized or imposed, except that a local agency may require an applicant for a permit issued pursuant to this subdivision to be an owner-occupant.