As far as the state is concerned, every residential property in California can hold a granny flat — even those in high fire zones. On Tuesday, the city’s Ordinance Committee said, “Not so fast,” and agreed with city staff to limit their size in high fire zones, encouraging them at mixed-use properties in urban areas and clarifying the signs to announce a project is in progress.
When the city enacted its urgent granny-flat ordinance to keep the state’s law from taking place too quickly, it opted to require that owners live at any residence applying for an Accessory Dwelling Unit (ADU), as the grannies are officially known. But an amendment to the California law takes effect in December that nullifies the owner-occupancy requirement through 2025. For the 340 ADU builders who live on-site, the question will be one of equity. The committee agreed to amend those agreements to allow the owner to live off-site. By 2025, the city will have a better idea of what the effect has been and can evaluate whether to remove the owner-occupancy requirement permanently or not, Councilmember Kristen Sneddon commented.
The big question was the foothill fire zones. Planner Rosie Dyste explained that the Legislature attempted to prohibit ADUs in high fire zones, but the law was sidelined despite this season’s record-breaking wildfires. In an attempt to limit the damage for emergency evacuations, the Ordinance Committee recommended sticking with the smaller “special ADU” for fire zones. Those are limited to the existing room size if a converted garage, for instance, or 800 square feet and 16 feet tall if a new detached building; both are required in the state granny flat law. And an ADU and a “junior” ADU could both be built, with the junior being limited to an existing room in the home but with a separate entrance, kitchen, and bath.