San Diego County, CA - ADU Regulations

State laws (RCW 36.70A.680 and 36.70A.681) mandate that all local governments under the Growth Management Act (GMA), irrespective of size and including both cities and counties within unincorporated urban growth areas, update their regulations to align with specific criteria within six months following their scheduled update. The key directives include:

1. ADUs per Lot: Urban areas within the GMA must allow at least two ADUs on any lot that qualifies by size, in addition to the main residence. These ADUs can be attached, detached, or a mix, and converting structures like garages into ADUs must be permitted.
2. Size Requirements: ADUs cannot be restricted to under 1,000 square feet.
3. Design and Location Standards: Restrictions on setbacks, lot coverage, tree preservation, or entrance placements cannot be stricter than those for the main home.
4. Street Upgrades: ADUs cannot be subjected to demands for street improvements as a permit condition.
5. Owner Occupancy: Requirements for the homeowner to live on-site are prohibited for both the main and accessory units.
6. Condominium Sales: It’s not allowed to block the sale of a condominium developed as an ADU on the basis that it’s an ADU.
7. Design Review: ADUs cannot face stricter aesthetic or design criteria than the primary residence.
8. Parking: Parking requirements are limited, with specific conditions for smaller lots and exemptions for ADUs near major transit hubs.
9. Impact Fees: Charges for ADUs are capped at 50% of those for the main house.
10. Common Interest Communities: New developments with homeowners associations are barred from implementing rules against ADU construction. However, existing regulations can remain.

These regulations aim to encourage the development of ADUs, offering more housing options within urban growth areas.

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Since July 1, 2018, most Oregon cities and counties allow homeowners to build Accessory Dwelling Units (ADUs) on residential properties. However, local rules on ADU size, placement, and design must be followed. Each area has its own rules for:

1. How big the ADU can be;
2. Where it can be located; and
3. If it needs to look like the main house.

Local governments also have different processes for giving permits and may charge fees for building an ADU. These fees, including impact fees or system development charges, can vary a lot. Some places might not charge these fees at all, while others could charge $15,000 or more for each ADU.

In Oregon, the rules for creating Accessory Dwelling Units (ADUs) set standards to boost housing while keeping communities looking good. Understanding Oregon's ADU laws is crucial for compliance and making the most of ADU benefits. Cities must have over 2,500 people, and counties over 15,000, to fall under the ADU mandate. This supports urban housing needs. Urban Growth Boundaries (UGBs) define where ADUs can be built, promoting smart growth and land use without harming Oregon's landscapes.

Oregon's ADU laws aim to increase affordable housing. They require local governments to process ADU applications efficiently, especially in urban areas. State laws stop local rules from demanding owners live in ADUs or provide extra parking, except for vacation rentals. Setback requirements ensure ADUs are well-placed, respecting privacy and the environment. Oregon encourages updating local ADU rules to match state standards, making it easier to build ADUs and help with housing shortages.

Design and siting rules for Oregon ADUs ensure they fit well with urban settings and offer design flexibility. Oregon prefers less restrictive rules for ADUs compared to other buildings, aiming to increase housing options responsibly. The state simplifies ADU regulations, replacing complex zoning laws with clearer, state-wide standards. This helps reduce red tape and encourage ADU construction.

Oregon's approach to ADUs, including size restrictions and utility connection guidelines, is designed to integrate ADUs smoothly into neighborhoods, addressing housing needs. ADUs can't be too large compared to the main house, and shared utility connections are encouraged to keep costs down. This effort shows Oregon's commitment to innovative, affordable housing solutions.

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As per California State Law, residential properties can have an Accessory Dwelling Unit (ADU) and/or a Junior Accessory Dwelling Unit (JADU). These living spaces provide separate facilities for one or more individuals and can be added to existing or proposed single-family dwellings (SFDs). A JADU is a self-contained living area within the SFD, with a maximum size of 500 square feet, complete with its own exterior and interior access, and a full bathroom. It is advisable to promptly contact the relevant Fire Department to ensure ADU compliance with fire setbacks and determine if fire sprinklers are required.

For lots with existing or proposed SFDs (single family dwelling) in residential or mixed-use zones, one ADU and one JADU may be allowed if the following conditions are met:

• The ADU must be attached to the existing SFD or detached but on the same legal lot.
• The ADU can be rented out but not sold separately from the primary residence.
• The lot must not already have a guest living quarters, accessory living quarters, or accessory apartment. However, it may be possible to convert an existing guest living quarters, accessory living quarters, or accessory apartment into an ADU with a building permit.
• The attached ADU must not exceed 50% of the SFD's floor area, up to a maximum of 1,200 square feet. The detached ADU must not exceed 1,200 square feet, regardless of the size of the existing SFD.
• Applicants must provide mathematical calculations of the "floor area" for both units on the plot plans, based on the exterior dimensions of the outside walls.
• The proposed garage attached to a detached ADU must not exceed the allowable combined square footages specified in Section 6156.g unless authorized by an approved Administrative Permit.
• No other rooms, additions, or uses can be attached to the ADU, except for a garage, unless authorized by an approved Administrative Permit.
• An ADU may potentially be attached to an existing and permitted barn, shed, workshop, or similar structure, as long as it is placed within the existing and permitted accessory structure and does not have internal communication with the remaining portions of the structure.
• Setbacks are not required if an existing and permitted accessory structure, or a portion thereof, is converted into an ADU, except for fire safety.
• When converting an existing detached or attached accessory structure into an ADU, it is important to ensure that any new addition for the ADU complies with the specified setbacks.
• A detached ADU typically has a maximum height of 24 feet, with exceptions for multifamily complexes.

• For an ADU constructed above a permitted detached accessory structure, it is necessary to maintain a setback of at least 4' from the side and rear lot lines. These setbacks specifically apply to the additional space above the accessory structure, allowing the ADU to extend beyond its walls.
• All newly constructed ADUs must adhere to the required front and exterior side yard setbacks, as well as a minimum side and rear setback of 4' (excluding any required fire setbacks).
• Any attached garage, carport, patio, or other accessory structure to an ADU must comply with the regular setback and height regulations outlined in the Zoning Ordinance.
• If an ADU is attached to the primary residence, it should conform to the required main building setbacks.
• It is important to note that an ADU must provide at least one parking space, which can be located within the setbacks or in an existing tandem parking driveway. There is no need to replace parking spaces when a garage, carport, or covered parking structure is demolished or converted into an ADU.
• However, there are specific instances where a parking space is not required for an ADU. Firstly, if the ADU is situated within half a mile of public transit. Secondly, if the ADU is located within an architecturally and historically significant historic district.
• It is prohibited to separately sell or own an ADU, unless the lot is subdivided to create separate lots for each dwelling.
• Additionally, it is important to remember that an ADU cannot be used or rented for less than 30 days.
• In cases where a property has an existing non-conforming single-family residence and is in a zone that does not allow residential use, there may be potential allowance for an ADU and/or JADU.
• However, properties with multiple existing non-conforming single-family residences in a residential zone that only permits single-family residences are not permitted to have an ADU or JADU.

Requirements for Junior Accessory Dwelling Units (JADU):

• One Junior Accessory Dwelling Unit (JADU) and one detached Accessory Dwelling Unit (ADU) may be permitted on lots within a residential or mixed-use zone that already have or propose a Single Family Dwelling (SFD).
• The JADU should not exceed a total area of 500 square feet.
• The JADU must maintain an interior connection to the main living area, while also having a separate exterior entry.
• The JADU should include an efficiency kitchen, consisting of a cooking facility with appliances, and a food preparation counter with storage cabinets proportionate to the size of the unit.
• No additional parking is required for the JADU.
• The JADU cannot be rented for less than a 30-day period.
• While the JADU may be rented out, it cannot be sold separately from the primary residence. The owner must live in one of the two units.
• New proposed ADUs on lots with an existing and permitted SFD may be eligible for the County Fee Waiver Program until January 2024. For more information, please visit the County Fee Waiver Program. Note that JADUs are not eligible for the Fee Waiver Program.

ADU Regulations for Multifamily Complexes

• Multiple ADU's may be permitted within portions of an existing multifamily complex within a residential or mixed-use zone if certain requirements are met:
• Only structures/rooms within the existing multifamily complex that are not used as livable space can potentially be converted into multiple ADU's, up to 25% of the existing multifamily dwelling units.
• Up to two detached ADU's may be permitted per lot that has an existing multifamily complex if certain requirements are met:
• The detached ADU's are limited to a height of 16 feet and 4' rear yard and side setbacks.
• The addition of two detached ADU's is not subject to any nonconforming regulations.
• Multiple ADU's for multifamily complexes do not qualify for the County Fee Waiver Program.
• Regarding the ADU regulations, any structure designed for human habitation that is divided into two or more independent living quarters on a single lot is considered a multifamily complex.

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