major transit stop is defined as a site that contains an existing rail or bus rapid transit station, a ferry terminal served by bus or rail transit service, or an intersection of two or more major bus routes with a frequency of service interval of fifteen minutes or less during the morning and afternoon peak commute periods. Furthermore, ADUs are now allowed to be a maximum height of twenty-five feet, or up to the height limitation in the local zoning ordinance that applies to the primary dwelling, whichever is lower, for an ADU that is attached to the primary dwelling.
Two ADUs may be allowed on a single lot so long as they are located on a lot that has an existing multifamily dwelling and are detached from the multifamily dwelling. Many
enclosed living
spaces connected to a main dwelling area are considered JADUs. JADUs must have their own bathroom or a separate entrance to the main dwelling living space. Importantly, age-restricted associations will still be able to enforce those age restrictions against potential tenants who seek to occupy the ADUs or JADUs.
Although SB 897 primarily applies to local governmental agencies, it is important that community associations are aware of the above regulations because they will have a significant impact. One of the more severe consequences SB 897 will have on community associations will be the increase
in the number of people living within an association which was not designed for such dense populations. So far, associations will not be required to provide additional parking, and ADUs and JADUs do not qualify as units as used in city and state parking laws. However, with an influx of new residents, associations will be tasked with attempting to figure out ways to accommodate the change through reasonable updates to the governing documents.
“ADUs are now allowed
to be a maximum height of twenty-five feet.”
As it pertains to an association’s architectural design guidelines, the association must update them to be in compliance with SB 897. An association is not allowed to enforce architectural guidelines that conflict with California state or local laws. However, an association is still able to have reasonable restrictions that are more strict than state or local laws. These restrictions may include the architectural style of the ADU; however, the restrictions cannot be
ones that would unreasonably increase the cost of construction or prohibit construction altogether. The restrictions must be based on the same objective standard as defined by SB 897. Such rules that are not objective, restrict the construction of ADUs or JADUs, or contradict state and local law are considered unreasonable and are unenforceable. If affected associations do not act proactively, these newly constructed ADUs will almost inevitably cause problems in the future.
www.caioc.org
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