ADU Changes in California

James Kil • April 27, 2021

The housing demand in recent years has driven home prices so high that the lack of affordable housing has finally prompted a change in legislation to alleviate the scarcity in living spaces, and part of the solution are three letters that have been popping up all over the real estate space - “ADU”, or Accessory Dwelling Units.

Accessory Dwelling Units (ADUs) – may also be called various names e.g. in-laws, secondary units, Junior Accessory Dwelling Unit (JADU), etc., and we can get into the details of the qualifications, but these are essentially a fully functioning living space that are either attached, detached, a garage conversion, a storage area conversion, or even an interior conversion such as an in-law, and I in my opinion, the term that best captures this type of living area is “accessory structure”.

Benefits of an ADU:

Simply put, they:

  • Provides additional living spaces on existing property.
  • Provides a level of autonomy to the people living in the property while also potentially providing a source of income to the property owner.
  • Maximizes the land already owned.

Process & Qualification Changes:

  • ADU applications must be decisioned within 60 days of submission of the application as opposed to 120 days (application must adhere to the CEQA*) – This speeds up time frames, especially if costs are involved.
    • Additional color here, application approval processes were layered with personal judgement by multiple public officials with multiple governmental decisions, but now the approval process is done ministerially, meaning an approval is based on fixed standards as opposed to discretion.
  • Properties no longer need to be owner-occupied to build an ADU on the lot. Allows more freedoms as well as the ability to maximize any rental properties you own. (This exemption is valid thru to January 1, 2025)
  • If an existing garage is converted to an ADU then there are no setback requirements.
  • If a garage is converted into an ADU, local ordinances cannot require you to replace the parking space.
  • Owners of existing unpermitted “ADUs” now have the option to legalize their units via having building inspectors apply building standards that were applicable at the time the unit was built and the inspectors can also approve materials, appliances, installations etc. at their discretion if they find that the unit is satisfactory.
  • The following construction limitations no longer apply when building an ADU:
    • The minimum setback was lowered to 4 ft. of space from the side and rear lot line – this helps alleviate lot space restrictions.
  • You are now allowed an ADU up to 1,200 Sq. Ft. as well as a JADU up to 500 Sq. Ft. so long as they are contained within the existing family structure.
    • *Notable Caveat: A Maximum Sq. Ft. requirement may be imposed if an ADU is < 850 Sq. Ft. and/or <1000 Sq. Ft. and provides more than 1 bedroom.

Cost Impacts:

  • Fees & costs associated with building an ADU have been reduced.
  • Impact Fees specifically have been greatly decreased and/or diminished altogether, and in some cases even waived if the ADU is <750 Sq. Ft. or the fee is proportionately assessed in relation to the Sq. Ft. of the primary dwelling.
  • A local agency, special district, or water corporation shall not impose any impact fees upon the development of an ADU <750 Sq. Ft.

What are Impact Fees?:

  • Impact fees can cost more than 10% of your total budget.
  • They are assessed for new contractions and said to pay for various local services in the area; however, these impact fees also impede development because they disincentive developers since they can cut too deep into their profits.
  • “Impact” fees vary from locale to locale, but a common example list of fees concerning the development of a new ADU would include the following: (any fees that Impact the surrounding area are designated as Impact fees. The items in bold would be impact fees, and they may not always be specified as such.)
    • Building Permits
    • Building Plans
    • Plan Checks
    • Engineering Checks
    • Electrical and Plumbing Checks
    • Mechanical Checks
    • Materials
    • Debris
    • Park Impact Fees
    • Housing Impact Fees
    • Traffic Impact Fees
    • School Impact Fees

Notable Restrictions & Mentions (others may apply):

  • The total floor area for an attached ADU cannot exceed 50% of the existing primary home.
  • Multifamily homes are also required to be approved to house multiple ADUs
  • A prohibition on the sale of the JADU separate from the sale of the single-family residence (enforced against future purchasers as well)
  • A restriction on the size and attributes of the JADU to conform to Section 65852.22 ( here )
  • Permitted JADU must be constructed within the walls of the proposed or existing single-family residence.
  • A permitted JADU must include a separate entrance.
  • A JADU must include an efficiency kitchen: cooking facility with appliances, food preparation counter and storage cabinets of reasonable size in relation to the size of the JADU.

Other Notable Caveats to Keep in Mind (others may apply):

  • The application time may be longer if you are submitting a permit application to build a primary unit & and an ADU at the same time.
    • A local agency cannot issue a Cert. of Occupancy (CoO) for an ADU prior to the CoO for the primary residence first being issued.
  • A local agency may impose more limitations if the real property is listed in California’s Register of Historic Places.
  • If a JADU is built with an ADU, the local agency may impose a total floor area limitation of no more than 800 Sq. Ft. and a height limitation of 16 Ft.
  • Fire sprinklers are not required in an ADU if they are not required in the primary residence.
  • A local agency may impose that any ADU used as a rental be for a term longer than 30 days.
  • A local agency may require that a percolation test be completed within the last 5 years or recertified in the last 10 as part of the application to create an ADU.
  • An ADU shall not be considered to be a “new residential” use for purposes of recalculating connection fees or capacity charges for utilities unless the ADU was constructed with a new single-family residence.

* CEQA – These guidelines determine whether an activity is subject to environmental review, and what additional steps are required or not required - https://www.opr.ca.gov/ceqa/

*The information provided on this website does not, and is not intended to, constitute legal, tax, or construction advice; instead, all information, content, and materials available on this site are for general informational purposes only. Information on this website may not constitute the most up-to-date legal or other information. This website may contain links to other third-party websites. Such links are only for the convenience of the reader, user, or browser.

Readers of this website should contact their attorney, tax accountant, or contractor to obtain advice with respect to any particular legal, tax, or construction matter. Only your individual attorney, tax, or construction advisor can provide assurances that the information contained herein – and your interpretation of it – is applicable or appropriate to your particular situation.

The views expressed at, or through, this site are those of the individual author's writing in their individual capacity only. All liability with respect to actions taken or not taken based on the contents of this site are hereby expressly disclaimed. The content on this posting is provided "as is;" no representations are made that the content is error-free.

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The San Francisco Lifestyle: Balancing Work and Play

By James Kil • December 12, 2023
Living in San Francisco isn't just about finding the perfect home; it's about embracing a unique lifestyle. In this blog post, we'll delve into the work-life balance that San Francisco residents enjoy. From the thriving tech industry to the cultural events and entertainment options, discover how this city strikes the perfect harmony between career and leisure. Learn about the diverse opportunities for personal and professional growth that make San Francisco an exciting place to live. Whether you're considering a move to San Francisco or already call it home, these blog posts offer insights into the city's neighborhoods, real estate market, outdoor attractions, culinary delights, and the overall lifestyle that makes it a truly special place to live. San Francisco, a city known for its iconic skyline, cultural diversity, and technological innovation, offers residents a unique lifestyle that seamlessly blends work and play. In this blog post, we'll delve into the dynamic rhythm of daily life in the City by the Bay, exploring the thriving professional scene, cultural attractions, and entertainment options that make San Francisco a hub for both career growth and leisurely pursuits. 1. Tech Hub of the West: San Francisco stands as a global tech hub, home to some of the world's most influential tech companies. From the bustling streets of SoMa (South of Market) to the innovation-driven atmosphere of Silicon Valley, professionals in San Francisco have the opportunity to immerse themselves in a dynamic and cutting-edge work environment. 2. Cultural Enclaves: Museums, Theaters, and Galleries Beyond its tech prowess, San Francisco boasts a rich cultural scene that caters to art lovers, history enthusiasts, and theatergoers alike. Explore world-class museums such as the San Francisco Museum of Modern Art (SFMOMA), catch a play in the historic theaters of the Tenderloin, or wander through the galleries of the Mission District. The city's cultural diversity is reflected in its artistic offerings. 3. Outdoor Recreation: A Breath of Fresh Air Despite its urban setting, San Francisco encourages an active and outdoor-oriented lifestyle. Residents can escape the hustle and bustle by heading to the numerous parks and recreational areas scattered throughout the city. Whether it's jogging along the Embarcadero, biking across the Golden Gate Bridge, or hiking in the Marin Headlands, outdoor enthusiasts find their haven within city limits. 4. Foodie Paradise: Culinary Explorations San Francisco's culinary scene is a testament to its residents' love for food and exploration. From Michelin-starred restaurants to eclectic food trucks, the city offers a diverse array of dining options. Residents can embark on culinary adventures in different neighborhoods, savoring flavors from around the world. 5. Community Events and Festivals: Connecting with Neighbors San Francisco takes pride in its strong sense of community, fostered through a variety of events and festivals throughout the year. Whether it's the vibrant Pride Parade, the lively Folsom Street Fair, or neighborhood-specific celebrations, residents have ample opportunities to connect with their neighbors and celebrate the city's diversity. 6. Balancing Work and Wellness: Yoga in the Park and Mindful Practices Maintaining a healthy work-life balance is a priority for many San Franciscans. The city's numerous parks serve as venues for outdoor yoga classes, meditation sessions, and other wellness activities. This emphasis on mindfulness contributes to a holistic lifestyle that extends beyond the professional sphere. Living in San Francisco isn't just about the daily grind; it's about finding harmony between career aspirations and personal passions. As a realtor in this vibrant city, I'm here to help you discover the perfect home that aligns with your lifestyle goals. Stay tuned for more insights into the unique aspects of living in San Francisco, where the pursuit of success is complemented by a rich tapestry of cultural experiences and leisurely pursuits.
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Culinary Adventures in San Francisco: A Foodie's Paradise

By James Kil • November 7, 2023
San Francisco is renowned for its diverse culinary scene, where you can explore a world of flavors in just a few square miles. Join us on a gastronomic journey through the city's vibrant neighborhoods, highlighting iconic eateries, food festivals, and hidden gems. Whether you're a food enthusiast or someone looking to try something new, this blog post will leave your taste buds eager to explore the culinary wonders of San Francisco. San Francisco is a city that tantalizes the taste buds, a culinary mecca where diverse flavors, innovative chefs, and a rich food culture converge. In this blog post, we invite you to embark on a gastronomic journey through the streets of San Francisco, exploring iconic eateries, hidden gems, and the vibrant food festivals that make this city a haven for food enthusiasts. 1. Chinatown: A Feast for the Senses Start your culinary adventure in San Francisco's historic Chinatown, the oldest and one of the most vibrant in North America. Wander through bustling streets filled with markets and eateries, offering a cornucopia of Asian flavors. From dim sum to authentic Peking duck, Chinatown is a sensory delight for any foodie. 2. The Ferry Building: Gourmet Market Extravaganza For a culinary experience that combines artisanal products, fresh produce, and gourmet delights, head to the Ferry Building Marketplace. Explore a plethora of stalls featuring everything from local cheeses and chocolates to fresh seafood and farm-fresh produce. The Farmers Market on Saturdays is a must-visit for those seeking the freshest ingredients. 3. Mission District: Tacos, Burritos, and Beyond The Mission District is a hotspot for foodies seeking authentic and innovative Mexican cuisine. Dive into the world of mission-style burritos, explore taco trucks, and discover hidden gems serving up inventive dishes. Don't forget to explore the local taquerias and indulge in the flavors that define this vibrant neighborhood. 4. Fisherman's Wharf: Seafood Galore No visit to San Francisco is complete without sampling the city's renowned seafood. Fisherman's Wharf is the epicenter of seafood delights, offering everything from clam chowder in sourdough bread bowls to fresh Dungeness crab. Enjoy your meal with a view of the bay and the iconic sea lions at Pier 39. 5. Napa Valley: Wine and Culinary Bliss While not technically in San Francisco, a short drive to Napa Valley is a must for wine and culinary enthusiasts. Indulge in farm-to-table dining experiences, explore vineyards, and savor exquisite wine pairings in this renowned wine region. 6. Food Festivals: Celebrating Culinary Diversity San Francisco hosts a plethora of food festivals throughout the year, celebrating the city's culinary diversity. From the Eat Drink SF festival to the Street Food Festival, these events showcase the talents of local chefs and highlight the melting pot of flavors that define San Francisco's food scene. Whether you're a seasoned foodie or someone just beginning to explore the world of culinary delights, San Francisco offers a delectable array of options. From ethnic neighborhoods to gourmet markets, this city is a paradise for those who appreciate the artistry of food. Stay tuned for more insights into the unique aspects of living in San Francisco, where every meal is an adventure waiting to be savored.
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Embracing Outdoor Living: Parks and Recreation in San Francisco

By James Kil • October 10, 2023
One of the many perks of living in San Francisco is the abundance of green spaces and outdoor activities. Discover the city's beautiful parks, scenic trails, and recreational spots that offer a breath of fresh air amid the urban hustle. From the iconic Golden Gate Park to the stunning views at Lands End, this blog post will guide you on how to make the most of San Francisco's outdoor lifestyle.  San Francisco, known for its iconic skyline, tech innovation, and diverse neighborhoods, is also a city that celebrates outdoor living. From lush parks to scenic trails, San Francisco offers residents an abundance of green spaces and recreational activities. In this blog post, we'll explore the outdoor gems that make San Francisco a paradise for nature enthusiasts and those seeking an active lifestyle. 1. Golden Gate Park: A Verdant Oasis in the Heart of the City No exploration of outdoor living in San Francisco is complete without a visit to Golden Gate Park. This sprawling urban oasis spans over 1,000 acres and features botanical gardens, lakes, and cultural institutions. From the Japanese Tea Garden to the Conservatory of Flowers, there's something for everyone in this iconic park. 2. Lands End: Where Coastal Beauty Meets Hiking Trails For breathtaking views of the Pacific Ocean and the Golden Gate Bridge, head to Lands End. This rugged coastline offers a network of trails that wind through cypress forests and along cliffside paths. It's the perfect spot for a coastal hike, and you might even catch a glimpse of the historic Sutro Baths. 3. Mount Sutro Open Space Reserve: A Forest Retreat in the City Escape the urban hustle and find tranquility in the Mount Sutro Open Space Reserve. This forested area provides a network of trails where you can explore eucalyptus groves and enjoy panoramic views of the city. It's a hidden gem for those seeking a peaceful retreat within city limits. 4. Crissy Field: Outdoor Recreation with a View Crissy Field, located near the Golden Gate Bridge, is a waterfront paradise offering stunning views of the bay and Alcatraz Island. The expansive green space is perfect for picnics, kite flying, and jogging. The promenade along the shoreline provides a picturesque setting for a leisurely stroll or bike ride. 5. Presidio of San Francisco: Nature and History Collide The Presidio, a former military post turned national park, seamlessly blends history with natural beauty. Explore the trails that wind through cypress and eucalyptus groves, visit the iconic San Francisco National Cemetery, and take in the views of the Bay and the Golden Gate Bridge from vantage points like Inspiration Point. San Francisco's commitment to preserving and enhancing its natural spaces makes it a haven for outdoor enthusiasts. Whether you're looking for a place to unwind, engage in physical activities, or simply connect with nature, the city offers a diverse range of options. Stay tuned for more insights into the unique aspects of living in San Francisco, where the great outdoors are always within reach.
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Navigating the San Francisco Real Estate Market: Tips for Homebuyers

By James Kil • September 5, 2023
The San Francisco real estate market is dynamic and competitive. In this blog post, I'll share valuable insights and tips for homebuyers looking to make a move in this unique market. From understanding the current trends to navigating the complexities of the homebuying process, we've got you covered. Whether you're a first-time buyer or a seasoned homeowner, this post will help you make informed decisions in San Francisco's real estate landscape. 1. Understand the Market Trends: San Francisco's real estate market is known for its rapid changes and fluctuating trends. Stay informed about the latest market updates, including median home prices, inventory levels, and neighborhood-specific data. This knowledge will empower you to make informed decisions and strategically navigate the buying process. 2. Define Your Priorities: With the variety of neighborhoods San Francisco offers, it's crucial to define your priorities. Consider factors such as proximity to work, schools, public transportation, and amenities. Whether you're drawn to the historic charm of Nob Hill, the cultural richness of the Mission District, or the tech-centric environment of SoMa, knowing your priorities will streamline your home search. 3. Work with a Local Realtor: A local realtor with extensive knowledge of the San Francisco market is an invaluable asset. A professional who understands the nuances of each neighborhood, current market conditions, and potential investment opportunities will guide you through the process, making it smoother and more efficient. 4. Be Prepared for Competition: The competitive nature of San Francisco's real estate market means that desirable properties often attract multiple offers. Be prepared to act swiftly, have your financing in order, and consider making a compelling offer to stand out. Your realtor can provide insights into local negotiation strategies to increase your chances of success. 5. Explore Financing Options: Given the diversity of housing options in San Francisco, exploring various financing options is crucial. From traditional mortgages to special programs for first-time buyers, understanding your financing choices will empower you to make decisions aligned with your financial goals. 6. Home Inspections Matter: Due to the unique geography of San Francisco, homes may have specific issues related to earthquakes or other geological factors. Prioritize a thorough home inspection to ensure you're aware of any potential concerns and can factor them into your decision-making process. 7. Embrace the Long-Term Vision: San Francisco real estate is an investment in your future. Consider the long-term potential of the property and its surrounding neighborhood. Working with a realtor who understands market trends and can provide insights into future developments will help you make a wise investment. Navigating the San Francisco real estate market requires a thoughtful approach, and having a knowledgeable realtor by your side can make all the difference. Stay tuned for more insights and tips as we continue to explore the unique aspects of living in the City by the Bay.
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Discover the Unique Charm of San Francisco Neighborhoods

By James Kil • August 8, 2023
San Francisco is a city of diverse neighborhoods, each with its own personality and charm. In this blog post, I'll take you on a tour of some of the most iconic neighborhoods in the city, from the historic streets of Nob Hill to the artistic vibes of the Mission District. Learn about the distinct characteristics that make each area special and find the perfect spot to call home in the City by the Bay. San Francisco, a city that sits at the crossroads of history and innovation, is renowned for its diverse neighborhoods, each with its own distinctive character and charm. As a realtor in this dynamic city, I am excited to take you on a written tour of some of the most iconic and enchanting neighborhoods that make San Francisco a unique place to call home. Whether you're drawn to the historic charm of Nob Hill, the artistic vibes of the Mission District, the affluence of Pacific Heights, the beachside tranquility of the Sunset District, or the urban energy of SoMa, San Francisco has a neighborhood to suit every lifestyle. As a realtor, I'm here to help you explore these unique areas and find the perfect place to call home in this one-of-a-kind city. Stay tuned for more insights into the San Francisco real estate scene and lifestyle! 1. Nob Hill: Where History Meets Luxury Nob Hill is a neighborhood steeped in history, boasting Victorian mansions, iconic cable cars, and stunning views of the city. Home to landmarks like Grace Cathedral and Huntington Park, this area exudes old-world charm while offering a touch of luxury. If you appreciate classic architecture and panoramic cityscapes, Nob Hill might be the perfect neighborhood for you. 2. The Mission District: Artistic Vibes and Cultural Richness For those seeking a more eclectic atmosphere, the Mission District is a vibrant hub of artistic expression and cultural diversity. Colorful murals line the streets, and the area is home to a thriving arts scene. Trendy boutiques, innovative eateries, and a lively nightlife contribute to the Mission's dynamic and welcoming spirit. 3. Pacific Heights: Elegance and Affluence Known for its grand mansions and upscale residences, Pacific Heights is synonymous with affluence and elegance. This residential enclave offers breathtaking views of the Bay and the Golden Gate Bridge. Stroll along the tree-lined streets and experience the upscale boutiques and fine dining that define Pacific Heights living. 4. Sunset District: A Beachside Haven The Sunset District, nestled on the western edge of the city, provides a different pace with its relaxed beachside atmosphere. Ocean Beach and the nearby Golden Gate Park offer plenty of outdoor activities, making it a haven for nature lovers. This family-friendly neighborhood is known for its cozy homes and a laid-back lifestyle away from the hustle and bustle of the city center. 5. SoMa: Urban Living and Tech Innovation South of Market, or SoMa, is synonymous with modern urban living and technological innovation. Loft-style apartments, trendy eateries, and proximity to tech hubs make this neighborhood appealing to young professionals. The Yerba Buena Gardens and the Museum of Modern Art contribute to SoMa's cultural richness.
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