Annotated California ADU Law Library

HCD provides technical assistance clarifying that JADUs must be permitted in any zone where single-family dwellings are a permitted use, including multifamily zones like Sausalito's R-3 zone. Key points: • A "single-family residential zone" for JADU purposes is any zone where single-family residences are a permitted use • The zone title (e.g., "Multiple Family Residential") does not determine JADU eligibility • The presence of multifamily or other permitted uses in the zone does not disqualify it • HCD retracts its earlier April 2023 finding that limited JADUs to zones titled "single-family residential" • The City must approve JADU applications in R-3 and any zone permitting single-family dwellings

HCD provides technical assistance regarding Mill Valley's noncompliant ADU Ordinance 1330 (adopted November 15, 2021). Key points: • The City intends to exclusively use State ADU Law to process ADU applications rather than amending its ordinance • HCD advises that processing under state law alone does not satisfy Gov. Code § 66326(b) requirements • The City must either amend the ordinance to comply or formally adopt it with findings explaining compliance • HCD recommends the City repeal the noncompliant ordinance for clarity to ADU applicants • Keeping a noncompliant ordinance in the Code of Ordinances may confuse applicants

HCD finds Napa County ADU Ordinance No. 1495 (adopted September 10, 2024) does not comply with State ADU and JADU Laws in the following respects: • Does not account for SB 1211 changes allowing up to 8 detached ADUs on multifamily lots • Does not incorporate AB 2533 changes regarding previously unpermitted ADUs and JADU protections • Contains outdated statutory references to repealed code sections (65852.2, 65852.22, 65852.26) • Imposes unlawful transient occupancy restriction on primary dwelling as condition for ADU • Requires deed restriction for 30-day rental minimum, which is an impermissible additional standard • Omits parking exception for ADUs submitted concurrently with new dwelling applications

HCD finds Marin County ADU Ordinance No. 3745 (adopted January 26, 2021) does not comply with State ADU Law in multiple respects including: • Restricting single-family lots to one ADU, preventing by-right ADU combinations under Gov. Code § 65852.2(e)(1) • Not allowing separate conveyance of ADUs through qualified nonprofits under Gov. Code § 65852.26 • Requiring ADUs be within "legal building area," conflicting with nonconforming structure protections • Limiting detached ADU height to 16 feet, not allowing 18-foot height near transit • Imposing front yard setback requirements that could preclude 800 sq ft ADUs • Restricting ADUs in sensitive habitat areas and fire hazard zones beyond state authority • Subjecting ADUs to discretionary review processes • Requiring kitchenette instead of efficiency kitchen for JADUs • Requiring interior entry for all JADUs regardless of bathroom configuration • Including subjective evaluation in ministerial permit definition