HCD "Town Hall" Clarifies ADU Rules
- Meredith Munger
- 1 hour ago
- 10 min read
After updating the statewide ADU Handbook, the California Department of Housing & Community Development (HCD) hosted two town halls clarifying some of these rules. Below are some screenshots and the Q&A cut-and-paste from the Zoom session but watch the video for the key details.
Q&A Notes:
Rajesh Vangala 01:00 PM
do we get a pdf e copy of this presentation
Mike Van Gorder 01:01 PM
We will provide a recording of the webinar within two weeks.
Claudia Manrique 01:02 PM
For JADUs with shared bathrooms can we still require a deed restriction for owner occupany?
Mike Van Gorder 01:03 PM
Deed restrictions for JADUs may only have two items per 66333 (c): "(1) A prohibition on the sale of the junior accessory dwelling unit separate from the sale of the single-family residence, including a statement that the deed restriction may be enforced against future purchasers.
(2) A restriction on the size and attributes of the junior accessory dwelling unit that conforms with this article."
Jorge Garcia 01:03 PM
is the handbook already available?
Tyler Galli 01:13 PM
Yes. The 2025 ADU Handbook is available on HCD's website.
Meredith Munger (You) 01:05 PM
Can a municipality opt to sllow the sale of JADUs or allow the JADU to be attached to a detached ADU or SB-9 unit??
Travis Seawards 01:07 PM
We are confused about whether people are allowed to combine allowable ADUs from Section 66314 and 66323?
Mike Van Gorder 01:09 PM
Yes, 66314 requires at least one unit subject to local development standards. Local jurisdictions must allow a combination of such a unit (of any format) with any and all combinations of ministerial units per 66323. This applies to both multifamily and single family primary dwellings
Janet Reese 01:09 PM
Please confirm our understanding. State ADU law allows a total of (4) ADUs with a primary residential unit, to include: 66323 units – One Detached, One Interior, One JADU + a 66314 unit – One Attached/Detached/or Interior.
Mike Van Gorder 01:10 PM
This is correct.
Alex Richardson 01:10 PM
So those in 66323 can't be subject to specific local laws, only state and/or federal laws?
Mike Van Gorder 01:12 PM
Units subject to 66323 may not be precluded by local development standards, but they must be habitable (and are thus subject to local building codes)
Kyle Bell 01:12 PM
Can you clarify that Section 66317(a)(3) which establishes the 60 day timeline does not apply to ADUs under 66323 due to the statement under 66323 which states “Notwithstanding Sections 66314 to 66322, inclusive,”
Tyler Galli 01:29 PM
This is incorrect. 66323 ADUs are still required to be reviewed under the 60-day timeline. The "notwithstanding" language only means that provisions in section 66314 to 66322 which conflict with 66323 will not apply. The 60-day timeline does not conflict.
Ana Browning 01:12 PM
can you clarify what is meant by interior adu (based on a previous question)
Mike Van Gorder 01:14 PM
"interior" is a term of art, it refers to units created within existing space or in the proposed interior space of a proposed primary dwelling
Meredith Munger (You) 01:13 PM
Per Janet Reese's question, can we add an SB-9 unit to that miz to get to 6 units?
Mike Van Gorder 01:15 PM
An SB9 two-unit project (duplex subject to 65852.21) may be combined with all ADU combinations that are required by State ADU Law. Only in the case of a lot split is a hard limit of two units per lot in effect per State SB9 Law
ALex lopez 01:15 PM
can you have a detached ADU, Attached ADU and a JADU on a single-family lot if the lot is over the max FAR?
Tyler Galli 01:31 PM
The ADUs and JADU may not be counted against the FAR for the pruposes of ADUs as described in section 66321 and 66323, but for any future development, they will be counted. Meaning that you can exceed the allowable FAR for the ADUs, but it may prevent future additions or development.
Meredith Munger (You) 01:17 PM
Can a municipality opt to sllow the sale of JADUs or allow the JADU to be attached to a detached ADU or SB-9 unit?
Diana Pancholi 01:17 PM
1 Internal/Converted ADU will include conversion of existing accessory structure into an ADU?
Tyler Galli 01:32 PM
This is correct. 66323 (a)(1) applies to attached or detached accessory structures as well.
Adam Garrett 01:18 PM
Thanks. I know you stated this in the past, but code section 66323 does not specifically say attached. It only says detached or conversion of existing space.
Mike Van Gorder 01:21 PM
Correct. New construction detached units may only be created subject to G.C. § 66314
Chris Stanley 01:19 PM
If we do not have a local ordinance, that then means that we do not need to permit a 66314 unit?
Mike Van Gorder 01:23 PM
It means that a local jurisdiction without an ordinance may not apply local development standards to the unit that do not appear outside of State ADU Law. An application for a 66314 unit must be ministerially approved if it is consistent wtih State ADU Law.
Russell Kashiwa 01:19 PM
For Section 66323(a) is it Residential Zoning or Zoning that allows a residence? Can an ADU be denied in an Agriculturally zoned site?
Mike Van Gorder 01:24 PM
State ADU Law only requires to ADUs be permitted in residential zones. Agricultural zones are different and those allowances would be subject to local discretion.
sebastian harrison 01:20 PM
my property in malibu burned. There were 4 separate structures and while the property in now in a single family zone, it is noted as multi family as per the assessor. As a rebuild, can I tentatively build 4 ADUs? Also, I am on septic. The local ordinance would most likely not sign off on an occupancy permit. Is there any way around this (besides spending a 100k on a new septic system). Currently there are 3 septics but rather small.
Mike Van Gorder 01:26 PM
I certainly empathize with your hardship, most of this team is located within LA County. I can't speak to the septic situation, but both a single family and a multifamily primary dwelling may have multiple ADUs; ADU allowances are determined by the format of the primary dwelling rather than the underlying zoning.
Lupe Macias 01:21 PM
Can deed restrictions be used to prohibit use of ADU or JADU as a short term rental?
Mike Van Gorder 01:27 PM
No. That's the most common item that triggers a finding of inconsistency with the deed restrictions.
Mira Hahn 01:21 PM
So if someone wishes to build a 66323 ADU in their front yard, front yard setbacks could not be enforced even if there is an alternative space in the rear of their lot to construct a local-code compliant ADU?
Mike Van Gorder 01:27 PM
Correct. Local development standards, such as front setback requirements, may not preclude a 66323 unit.
Evelyn Murillo 01:21 PM
So we cannot require a deed restriction for owner occupied if they do a JADU with shared sanitation?
Tyler Galli 01:37 PM
Correct.
Matt Pruter 01:22 PM
Can a jurisdiction require parking for a 66323 unit, or are 66323 units exempt from parking requirements?
Tyler Galli 01:39 PM
66323 units are exempt from any requirements which are not specified within section 66323. Parking requirements would be local requirements, and therefore, may not be imposed.
Amber Gregg 01:22 PM
For clarity, for a Single-Family zoned lot with one single-famliy house developed on it, how many total ADU/JADUs can I have on my lot?
Mike Van Gorder 01:28 PM
1 unit of any format per 66314
1 interior/converted unit per 66323 a1
1 JADU per 66323 a1
1 new construction detached up to 800 sqft per 66323 a2
Matthew Jumamoy 01:22 PM
If I understand 2 slides ago; if a lot has a 400 sf primary dwelling, a jurisdiction must allow an 800 sf ADU? Is that correct?
Mike Van Gorder 01:29 PM
Correct. 66321 b3 would prohibit the size of the primary from restricting an ADU to be smaller than 800 sqft.
Mario Mendoza 01:23 PM
I'm Cunfused , I have one single family home @ 2,350 sq ft Can I build a new construction detached two bedroom ADU 1,100 sq ft?
Mike Van Gorder 01:30 PM
a unit that size would be subject to local discretion. State ADU Law would require ministerial approval or denial of a new construction detached unit subject to local development standards up to 1,000 square feet per 66314
Leslie Corrales 01:25 PM
For clarification, are JADU's able to be new construction? Or does it need to be incorporated as an Addition to the home first and then converted?
Mike Van Gorder 01:32 PM
a JADU may only be 'new construction' if it is part of a proposed Single family dwelling. State JADU Law requires a JADU to be created within the walls of a single family primary dwelling - definitionally, it may not be a "New construction attached JADU"
Janet Reese 01:25 PM
Can fire sprinklers be required when the proposed ADU would not normally require sprinklers, but it is being proposed attached to a garage or other structure that would require fire sprinklers? (hope that makes sense)
Mike Van Gorder 01:33 PM
Sprinklers may be required if they are required in the primary dwelling. Please note that local fire authorities may have other fire abatement requirements and it is possible for sprinklers to be a concession from those stricter requirements. Note also that HCD does not have enforcement authority over fire agencies.
Nathan Stroud 01:26 PM
As long as the jurisdiction provides a ministerial process subject to objective standards, can the local jurisdiction also allow an applicant to request a discretionary design review process to deviate from an objective design standard for an ADU?
Mike Van Gorder 01:34 PM
Yes, units that exceed State ADU Law are subject to local discretion.
Terri King 01:27 PM
I have an adu currently not attached
Can I build second unit 800 feet in front yard
Only possible location
Mike Van Gorder 01:35 PM
Yes. The first detached unit would be considered subject to either 66314 or 66323 (depending on the cirucmstances of the existing unit), and the second one you are proposing may be subject to the other section of the law.
01:28 PM
Meredith Munger (You) 01:28 PM
If a builder developed a housing project that featured a primary home + 3 ADUs on each lot, does CEQA apply?
Erin Lapeyrolerie (she/her) 01:28 PM
Above it says an SB 9 two unit project can be combined with all ADU combinations. That sounds like there could be 5 units on a single family property. But the HCD handbook says "However, in no case does SB 9 require a local agency to allow more than four units on a single lot, in any combination of primary units and ADUs or JADUs. For example, when a lot split has not occurred, the lot is eligible to receive a second primary unit on the lot under SB 9 and to receive up to two ADUs under State ADU Law."
Mike Van Gorder 01:37 PM
This part of the Handbook is not correct. Note that our handbook, while a good faith effort to communicate State ADU Law, is not itself the law.
Chris Stanley 01:32 PM
To clarify my earlier question, if we do not have a local ordinance, do we still have to allow up to four ADUs? I understand the three 66323 units, but would we still have to permit the fourth 66314 unit?
Mike Van Gorder 01:38 PM
Yes.
Meredith Munger (You) 01:34 PM
Who has enforcement over fire agencies?
Jamie Candelaria 01:41 PM
Private answer
The California State Fire Marshall
Greg Vine 01:34 PM
Again, can you site a specific code that says that 66314 and 66323 units can be combined?
Mike Van Gorder 01:41 PM
Section 66317 states that a permitting agency “shall either approve or deny the application to create or serve” an application subject to section 66314, which subdivision (d)(3) states may be “either attached to, or located within, the proposed or existing primary dwelling, including attached garages, storage areas or similar uses, or an accessory structure or detached from the proposed or existing primary dwelling and located on the same lot as the proposed or existing primary dwelling, including detached garages.” Since the statute mandates that a local agency “shall approve or deny” an application under section 66314, while also requiring that “a local agency shall ministerially approve an application for a building permit within a residential or mixed-use zone to create any of the following” under section 66323, local jurisdictions must allow a combination of units subject to these two sections.
Andy Olson 01:37 PM
Can you explain how 66314 ADUs apply for a jurisdiction without an ordinance? What are the parameters, versus 66323 ADUs
Mike Van Gorder 01:42 PM
66314 provides local jurisdictions the option of development standards that they may apply to subject units. Absent the choice to apply local standards, the section still applies to units that would have been subject to that section.
David Lopez 01:38 PM
Is it 15 business days or calendar days?
Mike Van Gorder 01:43 PM
Business days
Ruchita Kadakia 01:39 PM
Can you clarify once again. Can a lot utilizing SB 9, have more than 4 units on the lot? (2 primary dwellings + ADUs in all combinations?). This direction is different from the handbook
Mike Van Gorder 01:44 PM
The handbook is incorrect in the case of a duplex. A duplex subject to SB9 is considered a primary dwelling unit to which the whole of State ADU Law applies.
Mireya Olmos 01:41 PM
so for an attached JADU, which applies? 66314 or 66323?
Mike Van Gorder 01:45 PM
provided you mean 'interior' JADU (they may not be new construction attached) they are subject to 66323 and 66333
Rebecca Leisher 01:42 PM
Doesn't an ADU have to be allowed on any lot that allows a single family dwelling? Specifically, if a dwelling is allowed in an Ag zone, then an ADU would have to be allowed as well, yes?
Mike Van Gorder 01:46 PM
State ADU Law requires local agencies to allow ADUs in Residential Zones. ADU applications for any other zone would be subject to local discretion.
Naren Gunasekera 01:44 PM
Where an SB9 lot split is done, an agency can limit the total number of units to four right? (j) (1) Notwithstanding any provision of Section 65852.21, 65915, Article 2 (commencing with Section 66314) or Article 3 (commencing with Section 66333) of Chapter 13 of Division 1, or this section, a local agency shall not be required to permit more than two units on a parcel created through the exercise of the authority contained within this section.
(2) For the purposes of this section, “unit” means any dwelling unit, including, but not limited to, a unit or units created pursuant to Section 65852.21, a primary dwelling, an accessory dwelling unit as defined in subdivision (a) of Section 66313, or a junior accessory dwelling unit as defined in subdivision (d) of Section 66313.
Mike Van Gorder 01:47 PM
66411.7 overtly states notwithstanding State ADU Law, a split lot may only have two units of any format.
Meredith Munger (You) 01:45 PM
In the natural disaster section, how fast does the permitting agency have to approved the ADU? And does it apply to the LA Fire area now?
Shannon Edwin 01:45 PM
are 66314 units subject to front and side yard sestbacks?
Mike Van Gorder 01:48 PM
Front yes, but side and rear setbacks may be no more than 4 feet for new structures. Existing structures are not subject to setback requirements.
Meredith Munger (You) 01:46 PM
Does the Coastal Commission have a deadline to acknowedlege a complete application and then issue or deny permits?