It just got easier to build ‘granny units’ in California. Here’s what that means for SLO
As of the first of the year, it’s a whole lot easier to build accessory dwelling units, also known as granny units or ADUs, in backyards — or even front yards, if there’s enough space.
Cities like San Luis Obispo no longer can require property owners to live in either the main house or the second unit. That means homeowners are free to turn both residences into rentals.
Other requirements, including parking and lot size, have been eased, too.
That may not go over well; adding more residential units in already-established neighborhoods has been controversial in the past. Residents have worried about increased traffic, noise and loss of privacy.
But if you hate the idea of making it easier to build ADUs, don’t blame San Luis Obispo officials.
The state of California is mandating the change as part of an aggressive push to add as many affordable housing units as possible, in as short a time as possible.
It’s about time the state showed some leadership.
As much as we support local control over development decisions, local agencies across California have been slow to approve the level of density needed to alleviate the housing shortage — often to placate angry neighbors.
What’s changed with granny unit regulations
No longer requiring property owners to live on site is the biggest change.
Here are others:
- Local jurisdictions can no longer require homeowners to replace any parking space converted or removed as a result of the addition of the second unit; in fact, there are no requirements at all for off-street parking.
- There are no longer any minimum lot sizes.
- Owners are prohibited from renting ADUs for periods less than 30 days, which means no short-term vacation rentals. Excellent — we need homes for permanent residents, rather than more opportunities for weekend get-aways.
- The permitting process has been streamlined and shortened.
A ban on ADUs in fire zones?
Agencies can prohibit secondary housing units if there is a severe water or sewer shortage. San Luis Obispo County is proposing that in Los Osos, where there is already a building moratorium on account of limited water availability.
The Board of Supervisors will take that up on Tuesday, when it considers an updated ADU ordinance that incorporates the new state mandates.
The board also is considering a ban on ADUs in areas of severe fire danger, which would exclude 2,000 lots. But there is a catch: If the county were to prohibit granny units on account of fire danger, it may have to ban all new residential construction in those areas to meet state requirements. That would be huge — especially since the accuracy of the severity ratings has been criticized.
“The area on our ranch has very short grass that is eaten down by our cattle throughout the year,” a Perfumo Canyon rancher wrote to the Board of Supervisors. “There is little to no fire hazard in the area surrounding our ranch, yet we are classified as being in a “High Fire Hazard” area.”
Can California cities and counties ignore the state?
The short answer is no. If they do, they will be reported to be in violation. State requirements will kick in, which means local agencies will have no control whatsoever.
That happened in the city of San Luis Obispo in 2017, during a period of time when the city had not yet updated its rules to match new state requirements.
The owner-occupancy requirement was briefly suspended, and there was a big uptick in applications for granny units; 77 applications were submitted between January and June 2017, though not all of those applicants were able to obtain permits.
Many residents were worried that ADUs would ruin their neighborhoods.
One man decided to move. He was especially concerned about the potential lack of privacy, because occupants of a second unit would be able to look directly onto his property.
That’s a concern, but it’s not limited to ADUs. That can happen wherever single-family homes are built close together.
Good design, along with landscaping, can — and should — prevent residents from one house from being able to peer directly into their neighbor’s bedroom or outdoor Jacuzzi.
Still, there’s no question there will be some increase in traffic, noise and congestion as ADUs become more plentiful.
Communities should be prepared to deal with that through increased enforcement of parking, noise and traffic regulations. And owners of second units — whether they live on the property or not — should respect their neighbors by dealing with any problems that arise.
But the idea that every residential block will be overrun with ADUs is way off base.
Since 2015, 83 permits for ADUs have been issued in San Luis Obispo: 2 in 2015; 7 in 2016; 13 in 2017; 30 in 2018; and 31 in 2019.
So far this year, only one application has been submitted, even under the more relaxed state rules.
The number of granny units is likely to remain relatively small, since they require a big financial investment, as well as loss of yard space.
Accessory dwelling units are never going to solve the housing shortage — not by a long shot — but as housing officials often say, they are “one tool in the tool box.”
Given the critical lack of housing in California and the prices that are forcing some residents to take desperate measures — including living out of their cars or settling for rundown, substandard units — the state is smart to require every community in California to encourage more ADUs by easing restrictions.