We’ve been long-time supporters of the Pacific Legal Foundation, a nonprofit legal organization that defends Americans’ liberties when threatened by government overreach and abuse. My brother worked there after he and the PLF Executive Vice President, John Groen went to school at Claremont Men’s College (the three of us played on the rugby team for two seasons!). Our good friend Larry Salzman is their director of litigation, and I appreciate him passing along the latest links to the ADU laws below.
AB68 is the state law that overrides local building and zoning codes, requiring ADUs to be permitted throughout the state subject to various conditions about health, safety, and nuisance. It allows for one attached, and one detached ADU be added to every SFR property. Here is the law:
The was augmented last year by AB 670, which prohibits homeowner’s associations from unreasonably withholding their permission to allow their members to develop ADUs in HOA-run communities.
PLF just petitioned this case to the California Supreme Court, asking it to decide whether all power to restrict ADUs is preempted by state law or whether local governments retain some discretion to deny the permit applications that meet state law standards.
The city of San Marino adopted building code restrictions that forbid homeowner Cordelia Donnelly from adding an ADU over her garage. Because state law dealing with ADUs fully preempts local restrictions, Cordelia has asked the California Supreme Court to recognize her right to create more housing. Story here:
Larry has also found a ADU builder he likes who has just opened a local office:
I don’t know these people but here’s someone talking about ADUs on Tuesday:
I was the first house in my neighborhood to build an ADU. Absolute nightmare. The neighbors went berserk and the city didn’t understand the laws.
Sorry to hear that Josh, and not surprised. Those who have a similar experience can print out these laws to defend themselves.
I am in the process of converting a detached 3 gar garage on 1/3 acre lot, I agree with Josh, city fighting tooth and nails, they want replacement “Covered parking” even though property is gated enclosed compound with parking for 6. I agree with the city on some points, such as crowding the streets, putting pressure/impact on utilities, etc for small postage stamp lots, but for others who have paid “lot premiums” and extra taxes and special assessments there is no justice, and most cities , especially SD, OC, and Pasadena , etc the cities have prepared their legal teams to take the fight to the courts.
This will not be just a “plug and play” initiative Caveat Emptor
I would love to convert our four horse stalls to ADUs. Just under an acre of land and the area is plumbed with a tack room containing fixtures. The chickens would have to give up their coop, but I can now buy eggs. The neighbors might have some issues.