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ADU Regulations

11 California ADU Rules and Regulations to Know in 2020

The year 2020 has made it easier than ever to add an accessory dwelling unit (ADU) to your property. If you are in the market for an “ADU-able property,” here are the 11 new statewide ADU laws in 2020 that you should know about.

  1. No more owner-occupancy

This is one of the biggest game changers to affect ADUs. As of 2020, anyone who builds an ADU on their property will not be subject to owner-occupancy requirements for the next five years. The best part? If you build an ADU within the next five years, you are grandfathered into having any owner-occupancy requirements waived. This means that you, as the homeowner, are not required to live on your property – giving you the freedom to rent out both your primary home and ADU to generate maximum income potential.

Design by Propel Studio | Photo by Carlos Raphael Photography

  1. Increases minimum ADU size

Although in 2017, the state mandated that ADUs can not exceed a maximum of 1,200 sq ft., local jurisdictions were still able to enforce strict size requirements throughout the state. Now, the state has clarified that cities must allow ADUs with a minimum of 800 sq ft or 1,000 sq ft for an ADU with one or more bedrooms.

  1. Reduces application review time to 60 days

Applying for building permits can be one of the biggest bottlenecks to hold back any ADU project. This is why the state of California has mandated that city building departments must act on any ADU application within 60 days. Now, this doesn’t mean that you will have approved building permits in hand within 60 days. It means that local jurisdictions must act within a specified time window that has been greatly reduced from the original 120 day requirement.

  1. HOAs must allow ADUs

Conditions, Covenants and Restrictions (CC&R’s) define the rules of home ownership within HOAs. Previously, CC&R’s could limit a homeowner’s ability to add an ADU to their property. Luckily, things have changed in 2020. CC&R’s can no longer prohibit the creation of an ADU on single-family properties. That being said, it’s important to know HOAs still have the ability to impose their own restrictions. Make sure to check with your HOA association’s rules on ADUs.

  1. Parking exemptions for garage conversions

Garage conversions are one of the easiest and most popular ways to add an ADU to a property. However, in the past, homeowners had to find replacement parking somewhere on their property. This was a challenge because if you didn’t have space on your property to add these parking spots, you were unable to build an ADU. Now, if you convert your garage in to an ADU, you are not required to replace the parking spots taken away by the ADU on your property.

  1. More parking exemptions!

ADUs must have at least one parking spot on the property. However, if your property is located within a ½ mile walking distance from public transit, a parking spot is not required for the ADU. Additionally, you will not need to provide parking for the ADU if:

  • The property is located within a historically significant district
  • The property is located within a block of a car share vehicle
  • The ADU is attached to the primary dwelling

  1. Waives DIF Fees for units under 750 sq ft.

Development Impact Fees (DIF) can be one of the most costly expenses when building an ADU, and can cost up to tens of thousands of dollars. Ready for the good news? Starting in 2020, the state has waived all DIF fees for ADUs below 750 sq ft. For units over 750 sq ft, DIF fees will be assessed in proportion to the size of the primary dwelling on the property.

Luckily, here in San Diego, both the city and county have waived DIF fees for all ADUs – regardless of size.

  1. Minimizes setback requirements

Strict setback requirements can make it challenging, and sometimes impossible, to build an ADU.

What’s a setback?

It’s essentially the minimum distance away from a property line that a structure can be built. Assembly Bill 68 has made things easier by allowing setbacks of no more than 4 feet from the side and rear property lines for the construction of an ADU.

  1. Allows both an ADU and JADU on the same lot

This new law change creates the potential to turn a single family home into a 3-unit property. JADUs are a lower-cost way to add a rentable unit to your property, however it is important to note that JADUs require owner occupancy. ADUs on the other hand, do not require owner occupancy if built within the next five years.

  1. Solar exemptions for certain ADUs

As of 2020, all new construction in the state of California must be powered by solar. However, garage conversions or attached ADUs are exempt from this requirement. What does this mean? Yes, more savings on the cost of building your ADU!

  1. No minimum lot size requirements

In the past, cities that weren’t friendly towards ADUs would impose strict minimum lot size requirements. For example, certain cities would require extremely large lot sizes in order to be eligible for an ADU. Now, there are zero minimum lot size requirements throughout the state. Any single-family zoned property and certain multifamily properties are allowed to have an ADU.

City of San Diego and County ADU Regulations

These state laws provide the minimum that local jurisdictions must allow for ADUs. The City of San Diego and County of San Diego have provided their own ADU regulations to provide additional guidance for homeowners and potential homeowners throughout San Diego.

Ready to have your own ADU?

If you’re a first-time buyer looking to buy a home with maximum ADU potential or investor looking for your next investment property, look no further.

As San Diego’s ADU Agent, I can help you locate the best properties with maximum ADU potential currently available on the market. With my ADU expertise, I can help identify characteristics that make a particular property ideal for ADUs, as well as point out any red flags that may make things more challenging.

As an ADU consultant, I’ve helped many homeowners navigate the ins and outs of ADUs. With local laws and regulations constantly evolving, it’s important to work with a knowledgeable professional. If you’re searching for a property with maximum ADU potential, contact me today!

Let’s start your property search
 

Resource:

Department of Housing and Community Development

Disclaimer:

The information presented in this article is based off of publicly available information at the time of writing. These claims are not guaranteed. Since ADU laws are constantly evolving, it is the homeowner’s or prospective homeowner’s responsibility to conduct due diligence in understanding the current ADU laws and regulations affecting their local municipality. To learn more, see our disclaimer.

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Sherry Chen, Realtor

Kappel Realty Group

Compass

DRE #02109149

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sherrychenrealty

✨ San Diego Realtor | Compass
🏘 ADU Specialist
🏆 SDAR Gold Award 2021
🎓 UCLA Alum
DRE 02109149
Kappel Realty Group

Sherry Chen
Had a blast celebrating with my team @kappelrealty Had a blast celebrating with my team @kappelrealtygroup at the annual San Diego Association of Realtors Circle of Excellence gala! Our team won the coveted Platinum Award for the third year in a row!

🏆 I won the individual Gold Award a second year in a row. As I’m entering my third year in the business, I’m extremely proud of everything I’ve achieved to earn this recognition and being included within the TOP 1% of realtors in San Diego! 💯

Sherry Chen
Kappel Realty Group | Compass
DRE 02109149

#sherrychenrealty #sdar #sandiegorealtor #sandiegorealestateagent #circleofexcellence #award #awardwinning #toprealtor #sandiegorealestate #sandiegocompass #toprealestateteams #topproducer
✨ JUST SOLD ✨ Congratulations to my buyer who ✨ JUST SOLD ✨ Congratulations to my buyer who relocated all the way from #Boston to achieve his dream of one day living in beautiful #SanDiego. ⁠
⁠
We were the first to see the property and submitted an offer right away ahead of the competition. My buyer knew from the moment he stepped into the home, that this modern home was exactly what he wanted. Therefore, we came in strong with an attractive offer that met all of the sellers' needs to make this as smooth of a transaction as possible. ⁠
⁠
This gorgeous luxury townhome is located in a prime area of #Hillcrest is the perfect home base for my client to start his new chapter living on the sunny West Coast ☀️ My favorite part about this home is the roof top deck, the perfect place to unwind and enjoy the views and gorgeous San Diego sunset. 🌇⁠
⁠
Sherry Chen⁠
Kappel Realty Group | Compass⁠
DRE 02109149⁠
⁠
#sherrychenrealty #hillcresthomes #hillcrestrealestate #sandiegohomes #sandiegoluxuryhomes #luxurytownhome #bostontosandiego #sandiegocompass #sandiegorealestate #hillcrestsandiego
✨ JUST SOLD! ✨ Congratulations to my happy buy ✨ JUST SOLD! ✨ Congratulations to my happy buyers on the purchase of their first home in beautiful #ChulaVista. ⁠
⁠
My clients are residents of Los Angeles and decided to move back to San Diego to be closer to family, along with their 1 year old son. This home is the perfect place for them to start their new chapter with their family. ⁠
⁠
We were able to compete in this hot market 🔥 thanks to the help of @jale_yourloangirl_ with #CrossCountryMortgage! With a quick 15 day close and clean terms, we secured this beautiful home under contract. Within 2 short weeks, my buyers went from being renters to proud homeowners! 🏡⁠
⁠
One of the challenges I face daily is dispelling misinformation in the news and headlines. While the rest of the nation may be seeing slower markets due to rising interest rates and inflation, there is still an overwhleming amount of buyer demand in San Diego. The #SanDiegoRealEstateMarket is still hot due to historically low levels of inventory. ⁠
⁠
The key to securing a home today in this market is to work with a team who will do whatever it takes to GET 👏  IT 👏  DONE from the offer stage all the way to closing. ⁠
⁠
Sherry Chen⁠
Kappel Realty Group | Compass⁠
DRE 02109149⁠
Equal Fair Housing⁠
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#sherrychenrealty #eastlakerealestate #eastlakehomes #otayranch #otayranchhomes #firsttimehomebuyer #movingfromlatosd #relocationrealestate #relocation #losangelestosandiego #buyingahome #southbaysandiego⁠
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🚨 New video! 🚨 Check out my first ADU tour w 🚨 New video! 🚨 Check out my first ADU tour with @snap.adu who recently completed a gorgeous #accessorydwellingunit for my client! 

My client purchased a duplex in the Linda Vista neighborhood of #SanDiego last year during one of the most competitive times to buy. Since purchasing his duplex, his investment has CASHFLOWED stronger than he could ever imagine. 

To increase his investment even more, he partnered with SnapADU to build this stunning 2BD/1BA unit in the backyard of his duplex. 

Check out the full video tour and learn all about the DEAL STORY on YouTube. Link in bio! 

Sherry Chen
@kappelrealtygroup | Compass
DRE 02109149 

Contact me at:
Sherry.chen@compass.com
Www.sherrychenrealty.com

#sherrychenrealty #theaduagent #snapadu #compassrealestate #sandiegocompass #sandiegoinvestmentproperty #realestateinvesting #multifamily #sandiegoadu #adu #lindavistahomes #sandiegomultifamily #kappelrealtygroup
JUST SOLD! Congratulations to my buyers for purcha JUST SOLD! Congratulations to my buyers for purchasing their first home near beautiful Rolando Village! This stunning home is turnkey and even has an attached #AccessoryDwellingUnit. My buyers are excited to generate strong rental income from the #ADU to substantially reduce their monthly mortgage payment, the ultimate #househack! I couldn’t be happier for my #firsttimehomebuyers for closing on this incredible property. 

Sherry Chen
Kappel Realty Group | Compass
DRE 02109149

#sandiegorealtor #sandiegorealestate #rolandovillage #realestateinvesting #sandiegoliving #sandiegohomes #housetour #hometour #sandiegohometour
🚨Checkout my podcast episode with @thewhatsnext 🚨Checkout my podcast episode with @thewhatsnextpod! I sit down with Levi Quesada and Tony Hernandez with @new.venture.escrow to chat about ADUs, real estate, technology and LIFE! 

Learn how I got started in the business, my advice for new agents, and how I’ve had over 14 jobs in my adult life 😆 

I also tell the story of how my parents immigrated to America from Taiwan 🇹🇼 and started their own business from day 1, which has always inspired me to become my own boss since I was young. 

Now sit down and join me with your favorite glass of wine, and click on the link in bio to watch the full interview!🥂 

Youtube:
https://www.youtube.com/watch?v=nNpkzSKQoTw

Spotify:
https://open.spotify.com/episode/5MwewjnCPlS9gA76bFZxTg

Sherry Chen
Kappel Realty Group | Compass
DRE 02109149

#sherrychenrealty #podcast #realestatepodcast #newventureescrow #sandiegorealtor
NEW ESCROW! Can you imagine yourself relaxing on t NEW ESCROW! Can you imagine yourself relaxing on this gorgeous rooftop deck enjoying the beautiful San Diego sunset? 🌅 Congrats to my buyer for getting his offer accepted on this beautiful luxury property in the heart of #Hillcrest.

Sherry Chen
Kappel Realty Group | Compass
DRE 02109149

#sherrychenrealty #sandiegocompass #sandiego #luxuryliving #sandiegohomes #hillcrestestate #hillcrestsandiego
Honored to be part of @KappelRealtyGroup, named on Honored to be part of @KappelRealtyGroup, named one of the top teams in San Diego by the San Diego Business Journal @sdbusinessjournal! ⁠
⁠
Thank you to each and every one of my clients for your trust in working with me and for your continued support and referrals. I am incredibly grateful for the opportunity to change lives through real estate!⁠
⁠
Sherry Chen ⁠
Kappel Realty Group⁠
@Compass⁠
DRE 02109149⁠
⁠
#sherrychenrealty #awardwinningagent #topagent #toprealtor #sandiegorealtor #sandiegorealestateagent #sandiegocompass
Here’s a sneak peak behind-the-scenes look at my Here’s a sneak peak behind-the-scenes look at my new video coming up with @snap.adu! I walk through one of my best client deal stories. Learn all about how to add an Accessory Dwelling Unit to a #multifamily property in #SanDiego!

Sherry Chen
@KappelRealtyGroup
@Compass
DRE 02109149
 
#accessorydwellingunit #adu #sandiegoadu #sandiegoaccessorydwellingunit #multifamilyinvesting #duplex #lindavista #sandiegorealestate #realestateinvestor #valueadd #sandiegocompass
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