Chris Parker / May 31, 2018
Earlier this month, a memo was issued jointly by the departments of Building & Safety and City Planning regarding Accessory Dwelling Units. This memo was an update to a previous memo that established new rules for ADUs beginning Jan. 1, 2017.
There are a few significant changes to how Planning/LADBS will handle ADUs now versus a month ago. But first, some background.
In September of 2016, Governor Jerry Brown signed into law new rules to make it easier for property owners to create ADUs as a way of addressing the statewide housing crisis.
The city’s ADU laws didn’t comply with the new state rules. So on Jan. 1, 2017, the state’s rules became the city’s rules, making it easier for property owners to build ADUs throughout the city.
The Planning/LADBS memo issued earlier this month further explains and expands the rights of property owners to build ADUs. Among the most notable changes:
1) ADUs in HPOZs and SPs: The biggest change is a set of rules for ADUs located in Overlay Districts, including HPOZs and Specific Plans. Whereas before there was no direction on ADUs located in these areas, now there are guidelines which say that applicants with ADUs are not required to attend a consultation meeting with the local Design Review and/or HPOZ board (“encouraged” but not “required”). Instead, ADUs will be reviewed administratively, with the project planner using the relevant Specific Plan, Overlay Zone, etc., to determine whether the proposed ADU meets its standards.
2) ADUs with new homes: The updated memo adds the caveat that an ADU is allowed on any lot zoned for single-family or multifamily use that contains either a proposed or an existing SFD. That’s new. Previously, the SFD was required to be existing.
3) ‘Lawful existing’ structures: The updated memo makes several references to allowing ADU conversions in “lawfully existing” structures. So anyone who wants to convert a garage, carport or guest house into an ADU better have the historic building permits for that structure.
There is currently a draft ordinance at City Hall so that the city can take back some authority over the development of ADUs. But that draft ordinance hasn’t moved since the new state ADU rules took effect on Jan. 1, 2017. It doesn’t appear that the city will move anytime soon on reclaiming the ADU rules.
If you have any questions or would like more information about ADUs, please contact Chris Parker at Chris@PCCLA.com or 818-591-9309.
