Accessory Dwelling Unit Ordinance Update

From 2018 through 2022, the state legislature has updated regulations for Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs) annually, with the intended purpose of easing local zoning controls, reducing associated development fees, and streamlining the permit process. The updated legislation expressly limits a local agency’s ability to regulate ADUs and JADUs. More information about the recent state-wide changes to ADUs, including the State’s ADU Handbook (most recently updated in July 2022), can be found on the California Department of Housing and Community Development’s (HCD) webpage.

Most recently, staff conducted an update to the ADU regulations in the Non-Coastal Zoning Ordinance (NCZO) to comply with state regulations, which was adopted unanimously by the Board of Supervisors on February 7, 2023. and were effective on March 9, 2023 (See agenda, documents, and recording of the hearing at this link. This adopted ordinance identified the available permitting pathways for ADUs and JADUs, as well as requirements for parcels in non-coastal areas. Detailed information regarding these adopted ADU/JADU provisions is available on the Accessory Dwelling Unit Permits page.

Thereafter, the adopted ADU ordinance applicable to the non-coastal areas was submitted to HCD for its review, as required by state law. HCD requested certain revisions consistent with state law, which were discussed with Planning Division staff in late 2023. Based on this discussion, staff drafted a proposed ordinance amending Section 8107-1.7 of the Non-Coastal Zoning Ordinance which include the following:

1. Revisions recommended by HCD to the regulations that apply to ADUs and JADUs that require approval of only a building permit in residential and mixed-use zones (Building Permit ADUs and JADUs);
2. Revisions to address new State law provisions (AB 976 and AB 1033) effective January 1, 2024, and urgency legislation (AB 477) effective March 25, 2024; and
3. Revisions recommended by staff to clarify and facilitate consistent implementation of the new ADU regulations.