Effective January 1, 2022, cities and counties will have limited rights to restrict an owner from building 2 units on a lot zoned for single family residential purposes. Some key elements of the new law include:
A. Applicable only to urban areas;
B. No demolition of housing if: (i) lower income, (ii) rent control, or (iii) rented in last 3 years;
C. Owner cannot have removed property from rental under Ellis Act in the last 15 years;
D. Not in a historic district; and
E. No demolition of 25% of exterior existing walls, with exceptions.
Local agencies may impose objective standards, BUT
1. Must allow 800 sf minimum for each unit;
2. No additional set-backs required for existing structure;
3. Parking requirement no more restrictive than one off-street per unit (no parking required if
near car-share or 1⁄2 mile of transit corridor or major transit stop);
4. Must prohibit short-term rentals; and
5. May prohibit ADU if also lot split.
Effective January 1, 2022, cities and counties have limited rights to restrict an owner from splitting a property zoned for single family residential use into two parcels. Some key elements of the new law include:
A. Approximately equal lots (no greater difference than 60-40 split);
B. Both parcels at least 1,200 sf;
C. No demolition or alteration permitted if: (i) lower income, (ii) rent control, or (iii) rented in last 3
years;
D. Owner cannot have removed property from rental under Ellis Act in the last 15 years;
E. Not in a historic district; and
F. Not previously subdivided.
Local agency may impose objective standards, BUT
1. Parking requirement no more restrictive than one off-street per unit (no parking required if near
car-share or 1⁄2 mile of transit corridor or major transit stop);
2. May require access to public right of way;
3. Must prohibit short term rentals; and
4. Must require applicant to certify they will occupy for 3-years as principal residence.
Certain properties are exempt from the law (e.g., prime farmland, those in many hazard zones, conservation land and Coastal Commission jurisdiction still applies).
