ACCESSORY DWELLING UNIT (ADU)
In January of 2017, a new California state law took effect that encourages homeowners to build “granny flats.” These housing units go by many names (backyard homes, secondary units, garage apartments, and the one we use here: accessory dwelling units or ADUs). Most homeowners can imagine many ways to use a rental unit on their property --for an elderly relative, extra income, a caregiver, or a grown child living at home. But many homeowners do not know that the City of Los Angeles has made it easier than ever to add a legal rental unit to a single-family home. Even though the planning and building process is complicated, CGS will guide and help you through every step of the way.
WHAT IS AN ADU?
An Accessory Dwelling Unit (ADU) is a residential unit that can be added to a lot with an existing single family home. As of January 2020, multi-family homeowners may also be able to convert their existing garage to an ADU. ADUs can be detached (a separate building in a backyard), attached to or part of the primary residence, or a garage conversion. ADUs are independent rental units that have their own kitchens, bathrooms, bedrooms, living areas, and entrances.
ADUs can provide additional space for caregivers, grown children, elderly parents, or renters. Because ADUs are rental units, they produce additional household income. “Empty nesters” can stay in their neighborhoods by moving into a smaller ADU and renting their larger existing home to pay the mortgage. An ADU can be built to house a relative or caregiver. There are many reasons for building an ADU on your lot.
What is the law for ADUs in the City of Los Angeles?
The new state law (AB 2299, effective January 2017) applies to LA and makes it easier to build an ADU on a single family lot. The state law encourages the construction of accessory units because the City needs more housing. You can read the entire law at the California Legislative Information website by searching California AB 2299. Please be aware that the City may pass new laws that will affect ADU construction.
Every neighborhood in Los Angeles falls under specific zones. To build an ADU, your current house must be located in a residential zone, and most likely in a single- family residential zone. ADUs are permitted in all single-family zones. Any lot in these zones, regardless of its size, can add an ADU if it will fit. Your lot must have an existing house, only one ADU per lot is permitted, and the ADU cannot be sold separately from the house. An ADU must meet additional site requirements as well as building construction requirements.
How much space will I need for parking?
Many lots already accommodate two parking spaces in a garage or carport. When you add an ADU, you may need to fit one extra parking space on your lot. If an additional space is required, the space may be covered or uncovered.
You may not need additional parking if:
1. ADU is located within one-half mile of public transit.
2. ADU is located within an architecturally and historically significant district.
3. ADU is part of the existing primary residence or an existing accessory structure. 4. on-street parking permits are required, but not offered to occupant of the ADU. 5. there is a car-share vehicle located within one block of the ADU.
These are the five current parking exemptions as of July 2017, but parking requirements may change. Check with the Dept. of City Planning for current requirements.
FREQUENTLY ASKED QUESTIONS
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Since the size and construction of each ADU will differ, it is impossible to estimate the cost of your ADU. We will need to do a site inspection at your property and consult with the Department of Building and Safety to determine pricing.
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There are a number of ways to pay for the construction of an ADU. A common way is to borrow from a home equity line of credit if you have equity in your existing house. Other ways:
You could refinance your existing mortgage to take out a larger loan to provide cash for ADU construction (this will require equity in the home) or apply for a home equity line of credit;
You may be able to obtain a private construction loan to build the ADU and refinance the loan with a new mortgage when construction is complete. You should start by talking to the bank that holds your current mortgage.
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Many lots in LA are within a half-mile of transit, so that ADU parking will not be required. The City publishes a transit map at the LA Metro Website. First, see if your lot appears to be within a half-mile radius of a bus stop, rail station, or a dedicated space where a shared-vehicle is parked. Second, call the Dept. of Building and Safety to give your property address. They can confirm whether you need to provide parking for your ADU.
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No, you can only sell your house and ADU together. ADUs can be rental units or occupied by the homeowner or family members.
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No, both the existing house and the ADU can be rental units.
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You may be able to build an ADU elsewhere on your property or convert the existing garage. We can check with the Department of City Planning for you to see the requirements.
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Although this guide focuses on new construction, we may be able to bring the unpermitted ADU up to code but it’s a case by case scenario. We can contact the Department of Building and Safety for you.
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There are some limits on the size of an ADU, based on the size of your lot and existing house. First, an attached ADU cannot be bigger than 50% of the existing house. For example, if your existing house in 2,000 sq. ft., the attached ADU cannot exceed 1,000 sq. ft. in size. Second, there is a “mansionization ordinance” that usually restricts the total square footage of all structures on a lot to 45% of total lot size. For example, if your lot is 10,000 sq. ft., the total built area (existing house, ADU, garage, etc.) cannot exceed 4,500 sq. ft. In addition, most ADUs cannot exceed 1200 sq. ft. The Dept. of City Planning will need to verify the specifics related to your project.
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Almost every lot in LA is unique. There are various types of ADU that work on different lots. For example, if a detached ADU will not fit in your backyard, you might attach a new unit to your current house. If the garage behind your house is inconveniently located, you could demolish and rebuild it with an ADU above.
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If you add an ADU to your home, you can rent one or both of the units. If your home was built before 1979, one or both of the units may become subject to the City’s Rent Stabilization Ordinance (RSO). To determine if an ADU triggers the RSO on your property, call (866)-557- 7368.
RESOURCES:
Proposed ADU Ordinance
As of July 2017, only state law regulates ADUs in the City of LA. The City may propose some modifications to the law in the future. https://planning.lacity.org/ordinances/docs/ADU/InformationSheet.pdf
LA Dept. of City Planning
Due to the complex nature of planning and building regulations, web-based information may be difficult to navigate and interpret.
Questions may be addressed to Matthew Glesne at matthew.glesne@lacity.org or 213-978-2666
CityLAB - UCLA
https://citylab.ucla.edu/ | citylab@aud.ucla.edu | 310-794-6125
LA Dept. of Building and Safety
http://www.ladbs.org/
Call 311 within the City limits
From outside Los Angeles call (213) 473-3231.