Accessory Dwelling Units – SB229 and AB494

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On October 8,2017, Governor Brown signed SB 229 and AB 494, which further amended sections of the State law regulating accessory dwelling units (ADUs) (Government Code Section 65852.2). These laws took effect January 1, 2018. They clarify provisions contained in the ADU laws passed the prior year (AB 2229 and SB 1069) and added a few new changes. Most significantly, the new laws specify a 1,200 square feet limit to attached ADUs and allow ADUs to be built in conjunction with a proposed single-family dwelling.

The City’s existing Second Dwelling Unit zoning code provisions in LAMC 12.24 W.43 and 12.24 W.44 are not in compliance with State ADU law and therefore became null and void on January 1, 2017. Until the City adopts its own ADU ordinance, the City will default to the use of the State ADU law to regulate the establishment of new ADUs in the City. This memo provides guidance to staff and project applicants on the implementation of State ADU law after January 1,2018. This memo replaces the ADU memo previously issued by the Department of City Planning and the Department of Building and Safety on December 30,2016.

The updated attached ADU Checklist can be used as a staff reference. Please refer to State Government Code Section 65852.2 for additional guidance.

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