Sunday, January 12, 2020

2020年1月1日起,ADU相關的新法、修法,大幅鬆綁了在自家房子的土地上做增建。現在起申請增建ADU,accessory dwelling units,受到法規的大力支持,限制變得很少,即使位在有HOA規定限建的社區,只要是 single family residence 都可以突破限制了。在增建後,房子的使用效益增加,市場價值增加 (property tax自然也伴隨增加),除了自己家人可以住,也可以合法出租。以下是相關法案的重點整理:

ASSEMBLY BILL NO. 881
  • The maximum setback for an ADU would be 4’-0”. Local authorities can no long enforce large setbacks on ADUs.
  • If an ADU is created in an existing structure i.e. a garage, at the same size, the local agency cannot require replacement parking to be provided if the ADU replaces the parking spaces. For example, if you build an ADU in an existing two car garage. The two parking spaces do not need to be put somewhere else on the lot.
  • There is no more maximum or minimum size for an ADU based on the percentage of the primary residence. In the past local jurisdictions could limit the size of an ADU based on a percentage of the primary residence.
  • The local permitting agency must act on the submittal of an application for an ADU within 60 days on a ministerial CEQA exempt basis. (Previously it was 120)
  • Local authorities cannot impose owner-occupancy requirements on the construction of ADUs. In other words, the owner of the property does not have the live in the primary residence or the ADU on the lot. These can both be rental units and the owner of the property can live elsewhere.

ASSEMBLY BILL NO. 670
  • Any deed or covenant prohibiting ADUs is void and unenforceable on a single family lot.
  • An HOA , CC&R or neighborhood group cannot prevent you from building an ADU on a single family lot.

SENATE BILL NO. 13
  • Agencies cannot impose impact fees on ADUs under 750 SQFT.
  • The applicant on the application to build the ADU does not have to be an “owner-applicant” of either the primary residence or the ADU.

ASSEMBLY BILL NO. 68
  • This law allows for ADUs as well as Junior ADUs on lots where certain access, setback and other criteria are met. This means that there could be up to three units on a single property.



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