San Francisco Bay Area Tiny Homes or In-Law Unit Options and Ordinances
If you live in the Bay Area, you may now have the ability to add a second home, rental unit and possibly third rental in areas where in the past you could not! With the recent fires in Sonoma and Napa, and other areas in California our housing shortage is an urgent issue. We can help you understand how to legally add housing for teachers, and firemen, and displaced families on single family lots now! Here is what you need to know.
As of January 2020, we have a five package piece of legislation that was passed in October 2019 regarding ADU’s and JADU’s going into effect. So stay tuned for your local ordinances to be updated. Here is a review of past and upcoming legislation.
Effective January 1, 2017
- SB 1069, AB 2406, and AB 2299: The most extensive bill on accessory dwelling units to be signed in 15 years
- Eliminated excessive sprinkler requirements
- Provided exceptions to parking requirements
- Restricted utility company fees proportionate to the burden the structure will place on the water and sewer systems
- Saved homeowners thousands in application fees
- Forced local municipalities to create ADU ordinances to comply within a set of state guidelines for Single Family Lots.
Effective January 1, 2018
- Senate Bill 229: City Ordinance Authorization, clarification on parking, and other SB1069 issues
- Assembly Bill 494: Setback changes for converted garages, clarifies parking requirements, (i) The unit may be rented separate from the primary residence, but may not be sold or otherwise conveyed from the primary residence.
SB 1226: Effective January 1, 2019
- Homeowners who created accessory dwelling units (ADUs) without the required building permits may have the opportunity to bring their ADUs into compliance.
- For ADUs that were constructed without building permits, local building officials now have the option to inspect an ADU and apply the building standards that were in effect at the time the unit was constructed.
October 2019 Update:
A five bill legislative package passed regarding ADU/JADU
*does not go into effect until January 1, 2020
SB 13: Owner-Occupancy Prohibitions and Fee Limitations
- Until Jan. 1, 2025, that cities may not condition approval of ADU building permit applications on the applicant being the “owner-applicant” of either the primary dwelling or the ADU.
- Additionally, agencies cannot impose impact fees on ADUs under 750 square feet.
January 1, 2020
AB 587: Separate Conveyances
- Non-profit agencies may now allow ADUs to be sold or conveyed separately from a primary residence if certain conditions are met.
- The deed would be held as tenants in common, meaning there would be restrictions on the sale and use of the property going forward.
- Note: the land will not be divided for the separate unit, meaning you cannot sell part of your lot unless you have it deeded separately (most cities have minimum lot sizes so this cannot be done).
October 9, 2019 (goes into effect January 1, 2020) AB 68: Processing Timelines, Ordinance Prohibitions and Triplexes
- AB 68 requires local agencies to either approve or deny an ADU project within 60 days of receiving a complete building permit application on a ministerial (CEQA-exempt) basis. (Formerly 120 days)
- Deletes the provision authorizing the imposition of standards on lot coverage and would prohibit an ordinance from imposing requirements on minimum lot size. This is the biggest piece of the new legislation.
- Notably, the new law allows for an ADU as well as a “junior” ADUs where certain access, setback and other criteria are met – this has been referred to the “tripelex-ation” of single-family zoning.
Other Recent Legislation
- AB 670: Prevents HOA’s from barring ADU’s
- AB 671: requires local governments to promote and incentivize the creation of ADUs.
- This law also requires the Department of Housing and Community Development to create grants and financial incentives for ADU development.
- The Department of Housing and Community Development (HCD) may now notify the Attorney General’s Office of any violations of these new provisions.
- California Department of Housing ADU Website
As you will see from the city limit map above, some areas outside the city limits on the Peninsula will be unincorporated county areas, so we will include those links as well.
Accessory Dwelling Unit, Tiny Homes, Junior Accessory Dwelling Units, In-law Units Ordinances by City & County:
Millbrae Secondary Dwelling Ordinance – Using State Standards as of October 13, 2017 they have not adopted their own ordinance.
Tiny Home Builders in California:
If you have any questions, or need help please do not hesitate to reach out to me.
Joy & Success,
Realtor® CalBre# 01980740
The Watson-Marshall Group at Pacific Union International
San Francisco Bay Area Tiny Homes/Secondary Dwelling Unit Specialist
1290 Howard Ave. Suite 201
Burlingame, CA 94010
***All information herein deemed reliable but not guaranteed. Information supplied by third parties has not and will not be verified. Always do your own due diligence and research with the local housing authorities before starting any kind of building project.