West Hollywood’s Planning Commission will hold a public hearing tonight to discuss updates to the city’s rules around accessory dwelling units, or ADUs, and junior accessory dwelling units, or JADUs.
These units—commonly known as small, secondary homes or apartments on the same property as a primary residence—have become more common in California, where recent laws have made it easier to build or convert space into rental units like these. The commission will consider a new ordinance to change local regulations on ADUs and JADUs to align with state requirements, specifically new state laws that make it easier to legalize certain unpermitted units and offer additional flexibility for multifamily properties to add ADUs.
The proposed ordinance primarily responds to two new pieces of state legislation, AB 2533 and SB 1211, which were signed into law earlier this year. AB 2533 addresses unpermitted ADUs—those built without official approval. In the past, homeowners with ADUs constructed before January 1, 2018, had some protections against permit denials based on building code issues, unless they posed a health or safety risk. Now, with AB 2533, the protection expands to include JADUs and moves the construction cutoff date forward by two years to January 1, 2020. The new law also makes it harder for cities to deny permits based on violations by requiring that any denial include evidence of violations in the California Health and Safety Code section on substandard buildings.
SB 1211 offers additional flexibility in ADU development, particularly for multifamily buildings. Under this law, cities can no longer require replacement parking when an uncovered parking space is demolished to make way for an ADU. It also allows for an increase in the number of detached ADUs on lots with existing multifamily units. For example, where the city previously allowed up to two detached ADUs, SB 1211 permits up to eight on larger properties or up to the same number as primary units on the lot, whichever is less. This law also gives more specific guidelines for ADU applications within larger apartment or multifamily buildings, allowing conversions of spaces like storage rooms, attics, and garages that were not originally designed as “livable space” (defined by the new law as areas for sleeping, eating, and other daily activities).
To streamline the process and reduce the need for additional reviews, the proposed ordinance introduces an “ADU Permit” that consolidates all the requirements ADU projects must meet. This replaces the previous requirement for a separate zoning clearance, which added a layer of review for ADU projects. ADU applications will now be evaluated on objective standards that apply to specific elements like front yard setbacks and architectural design, including features like lighting and window placements that protect neighborhood privacy and character.
By reducing barriers to ADU construction, city officials hope to create more accessible, diverse housing opportunities for residents and provide additional income options for property owners who want to rent out these spaces.
If the Planning Commission agrees to move the ordinance forward, it will be sent to City Council for final approval. City staff will also present more proposed updates to ADU regulations in December to address additional state bills that impact ADU rules, such as AB 671, AB 1033, and AB 1332, which encourage housing flexibility but are less urgent for immediate compliance.
Sounds fairly reasonable, though I would prefer an easier explanation on parking – for which I highly disagree, and ADUs on multifamily buildings, like our apartment.
The notion of ADU’s being created from parking spaces in multi-unit buildings is ludicrous. But making ADU construction easier, it may actually do more to preserve the character of our single family dwelling neighborhoods, given that Sacramento is now allowing four units to be built on a single family lot. The incentive of being allowed an ADU may prevent some owners of single family homes from selling to developers who will build multi-unit buildings on these small lots.