What is the California SB 897?
The California Senate Bill 897 is a legislative act that amends existing laws related to ADUs and JADUs. Signed into law and effective in 2023, SB 897 builds upon previous ADU legislation in California, further streamlining the process and expanding the possibilities for ADU development. The bill introduces several changes, primarily focused on ADU development standards by increasing height limits and clarifying regulations for multifamily lots.
Purpose of SB 897
The overarching goal of SB 897, like many ADU-related bills in California, is to alleviate the state's severe housing shortage. By further easing restrictions on ADU construction, the legislation aims to:
- Increase Housing Supply: ADUs provide a faster and often more affordable way to create new housing units within existing residential areas, helping to increase overall housing stock.
- Promote Density in Urban Areas: SB 897 encourages denser development in urban and suburban areas by allowing for more ADUs and better using existing infrastructure and land.
- Provide Flexible Housing Options: ADUs offer diverse housing options for various needs, such as housing for family members, rental income for homeowners, or independent living spaces.
Key Changes & Impact On ADU Construction
SB 897 introduces several changes, but some of the most impactful relate to height limits and the allowance of multiple detached ADUs on multifamily lots:
Increased Height Limits for ADUs
One of the most significant changes is the establishment of minimum height limits for ADUs. SB 897 sets the following minimum height standards, which local agencies must now adhere to:
- 16 feet: For detached ADUs on lots with an existing or proposed single-family or multifamily dwelling. This height allows for a comfortable single-story ADU design.
- 18 feet: For detached ADUs located on lots within a half-mile of a "major transit stop" or lots with an existing or proposed multistory, multifamily dwelling. This slight increase acknowledges the potential for slightly taller structures in transit-rich or denser areas.
- 25 feet or Base Zone Height (whichever is lower): For attached ADUs, this provision allows for two-story attached ADUs in many areas, provided the area's base zoning permits them up to a maximum of 25 feet.
These increased height limits provide greater design flexibility for ADU construction. Homeowners and developers now have more options for creating functional and spacious ADUs, potentially including two-story structures in specific scenarios. While the law clarifies that local agencies are not required to permit three-story ADUs, it opens the door for more substantial two-story ADU designs where appropriate.
Two Detached ADUs on Multifamily Lots
SB 897 clarifies that lots with proposed multifamily dwellings can now construct two detached ADUs and qualify for ministerial review (a streamlined permitting process). This is a significant change for developers planning new multifamily residential projects. By explicitly allowing 2 detached ADUs on these lots, SB 897 encourages the integration of ADUs into larger residential developments, further boosting housing density and variety within these projects. This provision simplifies the permitting process for such ADUs, making them an attractive option for developers.
Other Notable Provisions
Beyond height limits and multifamily lot allowances, SB 897 also includes other provisions that affect ADU development:
- Concurrent Demolition and ADU Permits: Building departments are now required to review demolition permits for detached garages concurrently with proposed ADU permit applications. This aims to streamline the process when a garage is converted or replaced with an ADU.
- Limits on Permit Denial: Local agencies are restricted from denying ADU permits based on nonconforming zoning conditions, building code violations, or unpermitted structures if these issues do not pose a public health and safety threat. This provision reduces potential roadblocks in the permitting process.
- Expedited Permit Timelines: Permitting agencies have a 60-day window to approve or deny ADU and JADU applications, promoting faster processing times.
Implications For Existing & Future ADU Construction
SB 897 represents California's continued effort to encourage ADU development as a vital part of the state's housing strategy.
- Future ADU Projects: SB 897 offers more design flexibility, particularly in terms of height, for those planning to build ADUs. The allowance for two detached ADUs on multifamily lots also opens up new possibilities for larger developments. Developers should incorporate these new provisions into their planning processes.
- Existing ADUs: While SB 897 primarily focuses on new construction, homeowners with existing ADUs may find the clarification on permit denial limitations relevant if they encounter permitting issues related to nonconformities or older structures.
