ADU – What’s new for 2023*
Changes to the 60-Day Rule
Assembly Bill 2221 requires all agencies involved with reviewing California ADU plans, including planning departments and utility companies, to respond within 60 days of submission of plans. This change reduces the time for application review and processing.
Revised ADU Height Restrictions
AB 2221 also amended the height restrictions as follows:
- 16 ft: Allowed under any circumstances.
- 18 ft: Allowed if the proposed ADU is within ½ mile of public transit or the property already has a multi-family dwelling two stories high.
- 25 ft: Allowed if the ADU is attached to the primary dwelling, depending on the underlying zoning code of the property (the lowest will apply).
Redefined Setbacks
Previously, setbacks were reduced to four-foot side and rear yards. Now, California law states if a proposed ADU is less than 800 sq. ft., the front setback requirement can no longer prevent the ADU from getting built.
Unpermitted Conditions
Senate Bill 897 eliminates the restriction regarding non-conforming zoning conditions, building code violations, or unpermitted structures. Prior to SB 897, homeowners were required to have unpermitted structures brought up to current codes, which made California ADU development slower and more costly. SB 897 removes these restrictions unless the unpermitted condition is a health or safety concern.
Fire Sprinkler Requirement
SB 897 allows fire sprinklers to no longer be required for the main dwelling when permitting an ADU.
Other Changes Worth Mentioning
- Attached JADUs no longer need their own bathroom, provided one is accessible in the primary dwelling.
- Demolition permits can no longer be withheld if the ADU permit has been issued.
- The creation of the California ADU Fund to provide assistance to eligible recipients.
