ADUs in Santa Cruz County: What are the Current Regulations?

Accessory Dwelling Units (ADUs) are a trending topic in California, particularly due to the state’s recognition of the housing shortage. Consequently, state laws regulating ADUs have been progressively relaxed, accompanied by increased pressure on local municipalities to simplify the building process. This has led to what is known as the ‘State Mandate,’ resulting in frequent revisions of local ordinances. Keeping up with the evolving rules for designing an ADU has become challenging, with new regulations and policies emerging regularly. This article provides an overview of the current regulations in one local jurisdiction, Santa Cruz County, as of the time of writing.

Senate Bill 9: The California HOME Act

In the ever-evolving realm of California’s housing policies, one bill stands out as a potential game-changer: Senate Bill 9, also known as the California Housing Opportunity and More Efficiency (“HOME”) Act. This legislation, signed into law on September 16, 2021, aims to address the state’s housing crisis by providing homeowners with a streamlined process to subdivide their urban single-family residential lots and construct additional residential units. This article delves into the details of SB-9, its implications for homeowners, and its broader impact on California’s architectural landscape.

3D Printing: The Sustainable Solution to Global Housing?

With the global housing deficit looming as a monumental challenge, the emergence of 3D printing technology in construction offers a beacon of hope. From the United Arab Republic to the heartland of the United States, innovative companies are harnessing the power of 3D printing to revolutionize housing projects, promising faster construction times and reduced costs. This transformative technology has captured the imagination of affordable housing advocates worldwide, presenting a potential game-changer in addressing the housing crisis. However, the realization of its full potential hinges on overcoming various hurdles, from regulatory adaptations to investment in infrastructure and reimagining the housing value chain. As we embark on this journey toward sustainable and inclusive housing solutions, it becomes evident that 3D printing is just the tip of the iceberg in the broader innovation required to tackle this pressing global issue.

Appendix Q of the CRC – The Tiny House Code

Appendix Q of the California Residential Code (CRC) stands as a curious anomaly, a tiny subsection dedicated to a burgeoning housing movement: the world of tiny houses. This seemingly simple addendum, however, sparks complex discussions about housing affordability, sustainability, and the very definition of “home.” In this article we’ll delve into the intricacies of Appendix Q, exploring its potential, limitations, and implications for both tiny house enthusiasts and the broader housing landscape.

SB 9: the Housing Opportunity and More Efficiency (HOME) Act

Senate Bill 9 (SB 9), also known as the Housing Opportunity and More Efficiency (HOME) Act, is a California law that allows homeowners to split their single-family residential lot into two separate lots and build up to two new housing units on each. The law was signed into effect in September 2021 and took effect on January 1, 2022. SB 9 applies to single-family residential lots in urban areas that are zoned for single-family homes. The law allows homeowners to split their lots into two separate lots, each of which can be used to build a new housing unit. The new housing units can be single-family homes, duplexes, or townhomes. SB 9 also allows homeowners to build two new housing units on a single lot. This means that a homeowner could build a duplex on a single-family lot, or they could build two single-family homes on a single lot.

History
The genesis of Senate Bill 9 (SB 9) can be traced back to the growing concerns surrounding California’s housing crisis. As housing costs in the state continued to rise, it became increasingly difficult for many Californians to afford to live in the state. In response to this crisis, a number of housing advocates began to push for legislation that would make it easier to build new housing. In 2019, Senator Toni Atkins (D-San Diego) introduced SB 50, a bill that would have allowed homeowners to build up to four units on a single-family lot. The bill was met with significant opposition from local governments and homeowners’ associations, and it ultimately failed to pass the Legislature. In 2021, Senator Atkins introduced SB 9, a more modest version of SB 50. SB 9 allowed homeowners to split their single-family lot into two separate lots and build up to two new housing units on each. The bill was again met with opposition from some local governments and homeowners’ associations, but it ultimately passed the Legislature with bipartisan support.

Intent
The stated intent of SB 9 is to increase the supply of housing in California by making it easier to build new homes. The law is intended to address the state’s housing shortage, which has driven up housing costs and made it difficult for many Californians to afford to live in the state.
In addition to increasing the supply of housing, SB 9 is also intended to achieve a number of other goals, such as:
• Promoting infill development
• Reducing greenhouse gas emissions
• Increasing housing affordability
• Creating opportunities for homeowners to generate additional income

Homeowner Benefits
SB 9 offers a number of potential benefits to homeowners. These benefits include:
• Increased property value: By adding additional units to a property, homeowners can increase the overall value of their property.
• Additional income: Homeowners can rent out additional units on their property to generate additional income.
• Increased flexibility: Homeowners can use additional units on their property to house family members, friends, or roommates.
• Reduced housing costs: By building additional units on their property, homeowners can help to reduce the overall cost of housing in their community.
• Increased equity: By building additional units on their property, homeowners can increase their equity in their home.

Downsides
SB 9 has also been criticized for a number of potential downsides. These downsides include:
• Loss of neighborhood character: Some residents are concerned that SB 9 will lead to the construction of unwanted housing projects that will change the character of their neighborhoods.
• Increased traffic and congestion: Some residents are concerned that SB 9 will lead to increased traffic and congestion in their neighborhoods.
• Reduced parking availability: Some residents are concerned that SB 9 will lead to a reduction in parking availability in their neighborhoods.
• Displacement of low-income residents: Some residents are concerned that SB 9 will lead to the displacement of low-income residents from their neighborhoods.
• Gentrification: Some residents are concerned that SB 9 will lead to the gentrification of their neighborhoods.

Implementation
The implementation of SB 9 has been met with mixed results. Some cities and counties have embraced the law and have begun to streamline their permitting processes for projects that are eligible under SB 9. Other cities and counties have been more resistant to the law and have implemented measures that make it more difficult for homeowners to take advantage of the law. The California Department of Housing and Community Development (HCD) has been working to provide guidance to cities and counties on how to implement SB 9. HCD has also been working to educate homeowners about their rights under the law.

Legal Challenges
SB 9 has been challenged in court by a number of local governments and homeowners’ associations. The plaintiffs in these lawsuits argue that SB 9 is unconstitutional because it violates the right to local control. The lawsuits are currently ongoing.

Conclusion
SB 9 is a significant piece of legislation that is likely to have a major impact on the California housing market. The law has the potential to both increase the supply of housing in the state and to have negative impacts on some neighborhoods. The ultimate impact of the law remains to be seen. However, it is clear that SB 9 is a law that will be debated and discussed for years to come.

For Further Reading:
• California Department of Housing and Community Development (HCD), SB 9 Fact Sheet, https://www.hcd.ca.gov/docs/planning-and-community-development/sb9factsheet.pdf
• California YIMBY, SB 9: What You Need to Know, https://cayimby.org/legislation/sb-9/
• Senate Bill 9 (SB 9): The California Home Act: https://focus.senate.ca.gov/sb9

 

 

 

 

 

AB 1033 Will Allow Condoization of ADUs

Current California state law prevents ADUs from being sold separately from the primary residence. Assembly Bill 1033 recently passed by the legislature and now on the governor’s desk would remove that ban. AB 1033, drafted by Assembly member Phil Ting, proposes to to allow the sale and condoization of ADUs built on a residential property. Individual cities and counties would have latitude to decide if they want their residents to have the option to sell their ADUs.

Update: City of Santa Cruz ADU Regulations

The State of California has a recognized housing shortage, with the result that both Sacramento and local municipalities throughout California have made myriad recent changes to the regulations governing ADUs. The upshot is that the City’s Planning Department has become more proactive in support of folks wanting to build ADUs, with the result that the associated rules and fees have become considerably more reasonable over the past several years. That said, if you are considering to build an ADU within the jurisdiction of the City of Santa Cruz it’s best to be well informed before embarking on your Project. Note that each local jurisdiction in the Monterey Bay area – Cities of Santa Cruz, Capitola, Watsonville, and Scotts Valley – each have their own, specific regulations: this article applies specifically to ADU regulations particular to the incorporated City of Santa Cruz.

The Ten Elements of Perfect ADU Design

Accessory dwelling units (ADUs) present unique design challenges that require unique solutions. There is simply less square footage to go around, which means that space is at a premium. The most functional ADUs take advantage of design tips and tricks that make interior spaces feel lighter, more spacious, and more efficient. Whether your ADU is intended to become a home office, in-law unit, or rental, these design tips can help you create a unique space that works for any function you need it to serve.

5 Ways an ADU/JADU Investment Can Produce ROI

An Accessory Dwelling Unit (ADU) is an accessory dwelling unit with complete, independent living facilities for one or more persons. There are three main types, those attached to the primary structure, detached ADUs in which the unit is separated from the primary structure, and converted, in which a space (e.g., master bedroom, attached garage, a storage area, or a accessory structure) on the lot of the primary residence is converted into an independent living unit. A JADU is a dwelling unit attached to the main house, not exceeding 500 square feet, and which may share bathroom and/or kitchen facilitation with the main dwelling. Both ADUs and JADUs can be moneymakers for homeowners looking for short-term cash flow and a long-term investment.

What is a Junior Accessory Dwelling Unit (JADU)?

A Junior Accessory Dwelling Unit (JADU) is an additional, independent living unit created through the conversion of a portion of a single-family dwelling. The State of California recently adopted legislation (SB 13, AB 68 and AB 881) that defines the standards applicable to Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs). One of the most significant changes is a provision permitting both an ADU and a JADU on the same lot with an existing or proposed single-family dwelling. This means that you can obtain two rental units to your property, an ADU plus a JADU, in addition to the main house.

JADU Rules and the Differences Between ADUs and JADUs
ADUs are larger, in many cases up to 1,200 square feet are allowed. A full kitchen (not a kitchenette) is required, as is a bathroom separate from the main house. Depending on local ordinance, its own separate entry, additional or replacement parking facilitation, and owner-occupancy may be required. For both ADUs and JADUs simple ministerial (building permit) approval processing is all that is required: local jurisdictions cannot impose the time-consuming and laborious additional burden of discretionary (aka development) permit processing.

Conversely, JADU features summarize as follows:
• Size: 500 sq. ft. max.
• Placement: Must be within a planned or existing single-family dwelling or accessory dwelling.
• Extension: May include an expansion of up to 150 sq. ft. beyond the footprint of the existing accessory structure, but this expansion is limited to accommodating ingress and egress.
• Exterior Access: A separate entrance for the JADU from the proposed or existing single-family dwelling is required.
• Bathroom: May have it’s own bathroom or one shared with the single-family dwelling.
• Kitchen: Must meet “Efficiency Kitchen” requirements.
• Parking: No parking required for a JADU.

Can the JADU have Interior Access to the Main Residence?
Yes, the attached unit may have interior access to the main residence or attached structure. In some jurisdictions but not all, the connecting door may need to be a 1-hour rated door pursuant to the fire protections in the Building Code.

What is a “Kitchen” vs. “Efficiency Kitchen” and Which is Required?
ADUs are required to have kitchens. JADUs are required to have efficiency kitchens.

A “kitchen” is any room or portion of a room used or intended or designed to be used for cooking and/or the preparation of food and containing all of the following: a sink having a drain outlet larger than 1.5 inches in diameter, a refrigerator larger than 2.5 cubic feet, a built-in permanent cooking appliance typically including a 2-burner gas or 220-volt electric range/oven with a range/hood ventilation system, plus space for food preparation and storage.

An “efficiency kitchen” is a limited kitchen facility that includes a sink, a refrigerator, small electric kitchen appliances that do not require electrical service greater than 120 volts, an appropriately sized food preparation counter, and storage cabinets. In some jurisdictions, gas or propane cooking appliances are not allowed.

Are JADUs Subject to Connection and Capacity Fees?
No, JADUs shall not be considered a separate or new dwelling unit for the purposes of fees and as a result should not be charged a fee for providing water, sewer or power, including a connection fee. These requirements apply to all providers of water, sewer and power, including non-municipal providers. Local governments may adopt requirements for fees related to parking, other service or connection for water, sewer or power, however, these requirements must be uniform for all single family residences and JADUs are not considered a new or separate unit.

Are Fire Sprinklers Required?
Yes, a local government may adopt requirements related to fire and life safety requirements. However, a JADU shall not be considered a new or separate unit. In other words, if the primary unit is not sprinklered, then the JADU must be treated the same.

Conclusion
JADUs offer attractive construction options that make sense in a number of cases. For example, they may share systems with the original dwelling, leading to simpler renovation plans. In addition, they can contain a very simple kitchen with small appliances and share a bathroom with the original dwelling. All of this means that the development costs for JADUs are far lower. While they can be rented out, they’re just as often designed for cohabitation. So if you’re motivated and searching for ways to maximize rental income, home appreciation, and living space, it might make sense to invest in an ADU as well as a JADU; it is your legal right to have both.

For Further Reading:
• The Department of Housing and Community Development has published a helpful guide to JADUs, “Frequently Asked Questions: Junior Accessory Dwelling Units”. The link is: https://www.hcd.ca.gov/policy-research/docs/faqsadujr.pdf
• The County of Santa Cruz Planning Department’s guide to JADUs as well as ADUs is at: https://www.sccoplanning.com/ADU/FAQ.aspx
• City of Santa Cruz Planning Department’s “Standards for JADUs/Jr. ADUs/Junior Accessory Dwelling Units” is found at: https://www.cityofsantacruz.com/home/showpublisheddocument/79262/637275737166700000