ADU – What’s new for 2022*

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Senate Bill 9. This relates to duplexes and lot splits. SB 9 provides for the ministerial approval of converting existing homes occupied by a homeowner into a duplex if certain eligibility restrictions are satisfied. It also allows a single-family home lot to be split into two lots, and a duplex to be built on each lot, provided that the initial home is occupied by the owner as their primary residence for at least three years.

Some key points of SB 9:

  • Projects must be for residential use only.
  • Properties are within an urbanized area designated by the City and are not within agricultural, historic, and very high fire severity zones.
  • Parking requirements need to be met unless ½ mile from a public transportation stop.
  • The project will be subject to local short-term rental requirements.
  • May include connected structures (duplex) if they comply with building code safety standards.
  • If a lot is split, the project may be subject to City or County easements and must be roughly split in half.
  • Lots must meet minimum size requirements for a lot split.
  • The lot cannot be adjacent to another lot that has been split using SB 9.

Please keep in mind there are exceptions and restrictions to SB 9 that need to be fully understood.

Assembly Bill 68 allows landlords and homeowners to add 2 more units – an ADU and a Junior Accessory Dwelling Unit (JADU) – on any residential lot. This means you can legally create a triplex on every single lot (if your lot meets size and setback requirements) according to the 2024 ADU laws in California.

Additional units can be added to existing multi-family buildings like apartment complexes. Building owners can convert any non-habitable rooms, like attics, basements, garages, etc. into legal additional units.

Under AB 68, municipalities will be required to approve the following:

Single Family Homes:

  • One ADU (up to 1,200 sq. ft.) and one Junior ADU (a unit of not more than 500 sq. ft. and contained entirely within an existing single-family structure) per lot.
  • One detached ADU (up to 1,200 sq. ft.) that is new construction, existing structure, or the same footprint as the existing structure, along with one JADU.

Multifamily Dwellings

  • Multiple ADUs within existing multifamily structures.
  • Two detached ADUs on a multi-family lot.