Governor Newsom Signs Three New Accessory Dwelling Unit Bills
More Changes Coming to California’s ADU Laws
In recent years, the California Legislature has enacted bills that reduce local control over the development of accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs). Recent examples include legislation requiring ministerial approval of ADU and JADU applications within 60 days, authorizing ADUs on lots with multifamily dwellings, prohibiting local agencies from imposing local development standards (e.g., height and setbacks) beyond state-set limits, and requiring local agencies to allow ADUs to be sold separately from the lot’s primary dwelling if certain conditions are met. (For additional information on recent ADU legislation, see our legal alerts covering SB 477, AB 2221 and SB 897, and AB 345).
In September 2024, Governor Newsom signed three more ADU bills (AB 2533, SB 1211, and SB 1077) that will each take effect on January 1, 2025.
AB 2533 and SB 1211 contain new requirements that will apply to all local ADU ordinances — and any local ordinance that does not conform to AB 2533’s and SB 1211’s changes to state ADU law will be rendered null and void as a matter of law on January 1, 2025.
SB 1077 has a narrower reach requiring the California Coastal Commission (Coastal Commission) and Department of Housing and Community Development (HCD) to develop guidance regarding ADUs and JADUs in coastal areas. Noteworthy features from each bill are summarized below.
AB 2533 – Unpermitted ADUs and JADUs
With some limited exceptions, Government Code section 66332 already prohibits local agencies from denying a permit to legalize an unpermitted ADU that was constructed before January 1, 2018, if the denial is based on the ADU not complying with applicable building, state or local ADU standards. One exception allows local agencies to deny a permit to legalize if they make a written finding that correcting the violation is necessary to protect the health and safety of the public or the occupants of the structure.
AB 2533 alters this landscape by amending Government Code section 66332 to: (1) expand its applicability to JADUs; (2) change the construction cutoff date from January 1, 2018, to January 1, 2020; (3) replace the above exception with a requirement that local agencies find that correcting the violation is necessary to comply with the standards specified in Health and Safety Code section 17920.3 (Substandard Buildings); (4) mandate new public-notification requirements about limits on local regulation, substandard-building criteria, and pre-application inspection by a private contractor; and (5) address scope of city inspections and limits on remedial action. (See amended Gov. Code, § 66332(a)-(f).)
SB 1211 – Replacement Parking Requirements; Multifamily ADUs
Replacement Parking
Existing Government Code section 66314(d)(11) already prohibits local agencies from requiring off-street parking spaces to be replaced when a garage, carport or covered parking structure is demolished in conjunction with the construction of, or converted to, an ADU.
SB 1211 amends this subsection to also prohibit local agencies from requiring replacement parking when an uncovered parking space is demolished for or replaced with an ADU.
Multifamily ADUs
Under existing Government Code section 66323(a)(3)(A), local agencies must ministerially approve qualifying building permit applications for ADUs within “portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages ….” The term “livable space” is not defined by state ADU law.
SB 1211 changes this by adding a new definition stating “‘livable space’ means a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation.” (See amended Gov. Code, § 66313(e).)
SB 1211 also increases the quantity of detached ADUs that lots with an existing multifamily dwelling can have. Currently, Government Code section 66323(a)(4)(A) permits lots with an existing or proposed multifamily dwelling to have up to two detached ADUs. Following SB 1211, lots with an existing multifamily dwelling can have up to eight detached ADUs, or as many detached ADUs as there are primary dwelling units on the lot, whichever is less. (See amended Gov. Code, § 66323(a)(4)(A)(ii).) SB 1211 does not alter the number of ADUs that lots with proposed multifamily dwelling can have — they remain limited to two detached ADUs. (See Gov. Code, § 66323(a)(4)(iii).)
SB 1077 – State Coastal Zone Guidance
For some time now, the state has given vague or conflicting guidance on how ADU development is treated under the Coastal Act.
SB 1077 requires the Coastal Commission to coordinate with HCD to “develop and provide guidance for local governments to facilitate the preparation of amendments to a local coastal program to clarify and simplify the permitting process” for ADUs and JADUs within the Coastal Zone by July 1, 2026.
The bill also requires these state agencies to hold at least one “public workshop to receive and consider public comments” on the draft guidance — which must be posted on Coastal Commission’s and HCD’s respective websites at least 30 days before the workshop. (See new Public Resources Code, § 30500.5(a)–(b).)
Agencies in the Coastal Zone will want to track the development of that joint “guidance” and should consider providing comments before or at the workshop.
Next Steps
Because state law requires complete, across-the-board consistency between a local ordinance and the state ADU law, nearly every — if not every — city and county in the state with a local ADU ordinance will once again need to amend its ordinance to comply with AB 2533’s and SB 1211’s changes. Failure to do so by Jan. 1, 2025, will render any nonconforming local ordinance null and void.
Contact your BBK attorney for assistance in making the necessary amendments to your code.
Disclaimer: BBK Legal Alerts are not intended as legal advice. Additional facts, facts specific to your situation or future developments may affect subjects contained herein. Seek the advice of an attorney before acting or relying upon any information herein.
