Accesory Dwelling Units (ADU)

An ADU is an attached or detached residential dwelling unit on the same lot as an existing single-family or multi-family dwelling unit that is zoned for single-family, multifamily, or mixed-use and provides complete independent living facilities for one or more persons. This includes permanent living, sleeping, eating, cooking, and sanitation provisions, all on the same parcel as the primary, single-family, and multi-family dwellings. An ADU can be an efficiency unit, as defined in Section 17958.1 of the Health and Safety Code, or a manufactured home, as defined in Section 18007 of the Health and Safety Code. 

A junior accessory dwelling unit (JADU) is a residential dwelling unit that is no more than 500 square feet in area, contained entirely within an existing area or proposed area within a single-family residence, contains only an efficiency kitchen, and can have separate sanitation facilities or shared sanitation facilities with, the existing single-family residence. A junior accessory dwelling unit is not permitted within multi-family dwelling units. 

ADUs and JADUs provide housing opportunities within existing neighborhoods creating housing that is already connected to the local character and infrastructure. The additional units help diversify the market for renters while providing supplemental income for homeowners, and thus increasing affordability throughout Lemon Grove. 

PREAPPROVED ADU PLANS

AB 1332 (Government Code Section 65852.27) requires local agencies to develop a program to preapprove architectural and design plans for ADU’s by January 1, 2025. Major provisions include:

• Develop a preapproval program for ADU's
• Streamlined 30-day approval for preapproved plans. 

Anyone interested in providing preapproved ADU plans must submit ADU plans that are not site-specific and include architectural plans and structural drawings and calculations to the Lemon Grove Building Department for review and approval.

Preapproved ADU plans and a site-specific plan must be submitted as part of an ADU permit application. The project description should identify that it is a preapproved ADU design with the specific plan preparer identified.

To date, no preapproved ADU plans have been approved for use.

AB2533 UNPERMITTED DEVELOPMENTS

AB2533 Prohibits a local agency from denying a permit for an unpermitted accessory dwelling unit or junior accessory dwelling unit that was constructed before January 1, 2020 unless the local agency makes a finding that correcting the violation is necessary to comply with conditions that would otherwise deem a building substandard.

The bill prohibits the local agency from penalizing an applicant for having the unpermitted accessory dwelling unit and would require the local agency to approve necessary permits to correct noncompliance with health and safety standards.

The bill would prohibit a local agency from requiring a homeowner to pay impact fees or connection or capacity charges except when utility infrastructure is required to comply with Section 17920.3 of the Health and Safety Code and when the fee is authorized by subdivision (e) of Section 66324.

AB2533 also requires a local agency to inform the public about its provisions through public information resources, including permit checklists and the local agency's internet website and requires the following:

(1) A checklist of the conditions specified in Section 17920.3 of the Health and Safety Code (HSC) that would deem a building substandard. Lemon Grove Substandard Housing Checklist

(2) Informing homeowners that, before applying for a permit, a homeowner may obtain confidential third-party code inspection from a licensed contractor to determine the unit's existing condition or potential scope of building improvements before applying for a permit.