Governor Newsom Signs Three New ADU Bills

California continues to make changes to its Accessory Dwelling Unit (ADU) and Junior Accessory Dwelling Unit (JADU) laws to streamline development and reduce local control. Recent legislation has already sped up approval timelines, expanded ADU eligibility, and limited local restrictions on height, setbacks, and parking. These measures aim to encourage more ADU development as part of the state’s solution to its housing crisis. 

In September 2024, Governor Gavin Newsom signed three more significant ADU bills into law: AB 2533, SB 1211, and SB 1077. These bills will take effect on January 1, 2025, and bring additional updates to local ADU ordinances and the approval process.

Key Highlights of the New Bills

AB 2533: Legalizing Unpermitted ADUs and JADUs

AB 2533 amends Government Code section 66332 to make it easier for homeowners to legalize unpermitted ADUs and JADUs. Key changes include:

- Expanding eligibility to JADUs, not just ADUs.

- Replacing the previous exception allowing denial based on safety violations with a requirement that the unit must comply with Health and Safety Code standards.

- Adding new public notification requirements about local regulations and inspections.

- Imposing limits on local authorities' ability to impose corrective measures beyond what is needed to bring units into compliance with state health and safety standards.

This bill makes it easier for homeowners to bring unpermitted ADUs into compliance with state laws, expanding opportunities for legalization and reducing local barriers.

SB 1211: Changes to Parking Requirements and Multifamily ADUs

1. Replacement Parking: It expands the current law that prohibits local agencies from requiring replacement parking when garages are demolished to also apply when uncovered parking spaces are replaced by ADUs.

2. Multifamily ADUs: The bill clarifies the definition of “livable space” in existing multifamily buildings and expands the number of detached ADUs allowed on multifamily lots. 

   - Now, lots with an existing multifamily dwelling can have up to eight detached ADUs (or as many detached ADUs as the number of primary units on the lot), compared to the previous limit of two. 

   - This change increases the potential for ADU development on multifamily properties.

This bill improves the flexibility for ADU construction on multifamily properties and reduces parking requirements, making it easier to develop additional units.

SB 1077: ADU Guidance for Coastal Zones

SB 1077 addresses the lack of clear guidance for ADU development in California’s coastal areas. It directs the California Coastal Commission (CCC) and the Department of Housing and Community Development (HCD) to:

- Develop joint guidance to help local governments update their local coastal programs (LCPs) for clearer ADU and JADU permitting in the Coastal Zone by July 1, 2026.

- Hold public workshops to gather input from the community before finalizing this guidance.

Local agencies in coastal areas will need to track these updates and consider participating in the public comment process once the draft guidance is released.

This bill helps clarify how ADU development will be handled in coastal areas, potentially simplifying the permitting process for future ADUs in those regions.

California’s Efforts to Streamline ADU Approvals and Ease Local Restrictions to Increase Housing Availability

These new laws underscore California’s commitment to simplifying ADU approvals and reducing local restrictions to support more housing options. Local governments will need to align their ordinances with the state’s updated rules by January 1, 2025 or risk having their local standards rendered invalid. 

AB - 2533 - https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240AB2533 

SB - 1211 - https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202320240SB1211 

SB - 1077 - https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202320240SB1077