A measure to update California’s accessory dwelling unit statute was signed by Gov. Gavin Newsom on Oct. 9. Assembly Bill 881, authored by Assemblyman Richard Bloom (D-Santa Monica), will give homeowners and local governments more clarity on key provisions of the statute and reduce barriers to the construction of these units.
“Accessory dwelling units have ignited interest from residents throughout the state due to the affordability and flexibility these units give homeowners,” Bloom said. “AB 881 provides much-needed updates and clarifications to the ADU laws that will help facilitate the construction of more ADUs.”
In 2016, AB 2299, also by Bloom, was passed to help ease local and statewide roadblocks to building ADUs. Since the passage of that measure, thousands of units have been built around the state. In fact, in Los Angeles alone, more than 10,000 applications have been approved since the bill’s passage.
Unfortunately, barriers to ADU construction remain. In some instances, cities have rejected garages as existing, convertible structures, citing the lack of explicit reference to these structures in code. Other cities have imposed burdensome owner occupancy requirements that have created uncertainty, making lenders wary of approving financing.
AB 881 does several important things to encourage ADU construction. First, it clarifies several definitions and requirements in ADU statute, including the definition of public transit, an ADU’s distance from transit and the types of existing structures that can be converted to ADUs. Second, it removes provisions that have given cities unreasonably broad discretion for denying ADU permits. Finally, it removes the owner occupancy requirement in the existing statute, which unfairly subjects ADUs to a requirement not in existence for any other kind of housing.
“ADUs remain a key strategy for addressing the state’s housing crisis,” Bloom added. “In order to continue the progress we have made, ADU regulations need to be relaxed in order to make ADU development easier and, thus, more likely to happen.”
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