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New ADU regulations spark debate over housing and community rights

November 21, 2024 | Scotts Valley City, Santa Cruz County, California


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New ADU regulations spark debate over housing and community rights
In a recent government meeting, officials discussed proposed regulations for Accessory Dwelling Units (ADUs) that aim to enhance housing options while navigating the complexities of local Homeowners Associations (HOAs) and state laws. The discussions highlighted the balance between state mandates and local governance, particularly regarding the rights of HOAs to challenge ADU approvals based on their Covenants, Conditions, and Restrictions (CC&Rs).

The proposed regulations would allow cities to implement additional provisions for ADUs, such as increased floor area and height, provided they do not conflict with state law. For instance, the regulations suggest that an ADU could be built within four feet of property lines, with a maximum height of 16 feet and a size limit of 850 square feet for studio or one-bedroom units. This flexibility is intended to encourage greater setbacks from property lines, aligning with community standards.

Officials noted that while state law mandates the acceptance of ADUs, local jurisdictions can impose their own standards, particularly concerning accessory structures. The proposed amendments include limits on the number of habitable accessory structures per lot, capping it at two, and establishing size restrictions to prevent the conversion of large structures into oversized ADUs.

A significant point of discussion was the conversion of existing garages into ADUs. Under state law, cities must permit such conversions without requiring replacement parking, a provision that could significantly impact local housing availability.

The meeting underscored the evolving landscape of housing regulations, emphasizing the need for careful consideration of both state requirements and local community standards as cities work to address housing shortages.

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