The newest buzz, especially in exclusive markets where buying home is out of reach for most families due to cost of living or expanding your portfolio on the real estate investment, is the ADU (Accessory Dwelling Unit) ADU's burst onto the scene, January 1, 2019, with the most significant bills being passed, AB-881 and AB-68. Of the 5 bills passed by Govenor Newsom that day, these two were sought to help the shortage of homes in the California Housing crisis.
ADU's have been implemented in many families as a way to care for a loved one at home or generate income by having a renter hold occupancy in a dwelling adjacent to your primary residence, while living on the same parcel. The most significant impact of these bills were the turn times for permit approval. Current law permits these decisions to take 120 days, but this new law requires decisions within 60 days.
However, like all governments, there are restrictions on ADU's and it is important that our customers understand the requirements for the different types of ADU's, the size of an ADU proportionately to the current lot size of your property, parking requirements, designation, etc. So, lets dive in further.
- Designation: There are four designations your property may have: easements, historic designation, geohazard zone, and flood zone. If you are unsure, talk to a real estate expert and they can work with their Title Partner. Although there are phone numbers listed for the city of San Jose, a title partner would be able to give you the needed information with less hassle.
- Location:
- Attached ADU: It must share a wall with the main residence or roof structure and be separated no more than 10 feet. The ADU’s front door cannot be facing the same street as the main dwelling’s facade.
- Detached ADU: It must be in the backyard or 45 feet from the front of the property line. It should be at least 6 feet away from the main dwelling.
Duplex ADUs require the following:
- Attached ADU: Must be a converted existing non-livable space such as an attic, basement, garage, etc.
- Detached ADU: It must be in the backyard or 45 feet from the front of the property line. It should be at least 6 feet away from the main dwelling. Conversion of a detached garage or accessory dwelling is also acceptable.
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Sizing
The maximum square footage of your single-family ADU is based on your lot’s square footage.
- Up to 9,000 square feet
- Detached: 1,000-square-foot maximum
- Attached: Up to 800-square-foot or up to 50% of primary dwelling without exceeding 1,000 square feet
- Greater than 9,000 square feet
- Detached: 1,200-square-foot maximum
- Attached: Up to 800-square-foot or up to 50% of primary dwelling without exceeding 1,200 square feet
Any lot size for duplexes is limited to an 800-square-foot maximum ADU for duplexes, no matter if it’s attached or detached.
- Up to 9,000 square feet
- Room Specifications:
Each type of room in your ADU has specific requirements it must meet in order to be approved. The details of each room are outlined below:
Sleeping Area: Your ADU may have up to two bedrooms, with each being a maximum of 400 square feet.
Kitchen: The kitchen must have a sink, food preparation counter, storage, cabinets, and a permanent cooking facility such as an oven.
Bathroom: You may have up to two bathrooms in your ADU. They require a sink, toilet, and a shower/bath facility.
Storage: Storage such as a closet may not exceed 60 square feet.
- Parking: Finally, one of the last development ADU requirements in San Jose is parking. Not all ADUs require parking since some may be exempted from this. To determine if you do require a parking space for your ADU, visit the San Jose ADU webpage. If you do require parking for your ADU, it must be located on a solid surface without mud or dust. The minimum length of the driveway is 18 feet.
One of the benefits with working at the most sustainable Real Estate Brands in the World - Berkshire Hathaway Home Services, are the partnerships available to our customers. Abodu is a well-respected partner of Home Services of America, and when you work with the Moles Group, we offer these partnerships at a discounted rate. Therefore, you can purchase your first primary resident and become a Real Estate Investor all in a single transaction. Remember, you need to follow the guidelines above, and if you have questions, ask one of your trusted Real Estate Partners. We are only a phone call away.