What are ADUs?

An Accessory Dwelling Unit (ADU) is an attached or detached residential dwelling unit that provides complete independent living for one or more individuals and is located on a lot with a proposed or existing primary residence. ADUs can be new construction or conversions from existing habitable or non-habitable spaces. To meet this definition, ADUs must have permanent provisions for living, sleeping, eating, and cooking, as well as facilities for sanitation and bathing.

Types of ADUs

Detached ADUs are newly constructed units physically separated from the primary residence. They are commonly placed in the rear yard and are less visible from the street.

Attached ADUs are newly constructed units with at least one wall with the primary residence. Aside from their independent exterior entrance, many attached ADUs typically match the primary home and often don’t appear to be a separate unit. 

Conversion ADUs repurpose existing space, whether attached or detached from the primary home. Detached Conversion ADUs convert part or the entirety of an existing residential or accessory structure, such as a freestanding garage or pool house. Attached Conversion ADUs convert part of an existing primary home, often an attached garage or attic.

Junior ADUs (JADUs) are small ADUs of less than 500 square feet. They are contained entirely within an existing or proposed single-family structure. They include their separate sanitation facilities or share sanitation with the primary residence. They contain an “efficiency kitchen” comprising a cooking facility with appliances, a food preparation counter, and storage cabinets that are all compactly designed.

Benefits of ADUs

ADUs provide many benefits to property owners, residents, and their communities at large.

ADUs are an affordable housing option for both owners and renters.

• Inexpensive wood-frame construction costs significantly less than new multifamily homes.
• ADUs don’t require acquiring a new property, major new infrastructure, structured parking, or elevators.
• The small size of ADUs results in cheaper heating, cooling, and utility costs.
• Most ADUs are owned and managed by homeowners who live on the premises. Such landlords are likelier to provide affordable rents to friends or family and much less likely to impose significant increases once the lease is signed.

ADUs can generate wealth.

• Increase property value
• Can provide a source of income for homeowners

ADUs can meet the housing needs across ages and lifestyles.

• Enables seniors to age in place with some independence, even as they require care.
• Allow extended families or friends to live near one another while maintaining privacy.
• Many ADUs are accessible or can be adapted to fit specific mobility or health needs.
• Small living spaces are well-suited for many young couples, students, and seniors.
• Provide intergenerational living for empty nesters or expanding families.
• Flexibility of sharing independent living areas with family members and others.

ADUs are compatible with the community.

• ADUs offer a way to include smaller, relatively affordable homes in established neighborhoods.
• ADUs provide a more dispersed and incremental way of adding homes to a neighborhood.

Minimize the Cost of your ADU

While ADUs are relatively affordable to construct, a new-build, detached ADU can still cost property owners. Other options can meet your housing needs while reducing costs and improving affordability. Here are a few to consider:

• Conversion ADU

  Construction and permitting costs could be substantially reduced if your home or an accessory structure already has space suitable for a Conversion ADU.

• Prefabricated Construction

If you want a detached ADU, you might consider a modular home or prefabricated “kit” construction. Prefabricated units cut construction costs significantly and are quicker to build.

ADU Regulations

In the past several years, California has passed new laws requiring updates to ADUs, including AB 68, AB 587, AB 881, and SB 13. Key provisions in these laws cover streamlined ADU review, reduced fees, more lenient development standards, lower parking requirements, JADUs, multifamily dwelling ADUs, owner occupancy requirements, short-term rentals, nonconformities, code enforcement, and separate sale of ADUs.

ADU Requirements

Suppose an ADU or JADU complies with each of the general requirements in the table below. In that case, it does not require an ADU Permit, and an applicant can apply for a building permit-only review in the following scenarios:

General ADU and JADU Requirements as per West Hollywood Municipal Code (WHMC) Section19.36.310.E.

If an ADU OR JADU does not comply with each of the general requirements in Section 19.36.310.E, the project requires an ADU Permit. The following requirements apply on to ADUs that require an ADU Permit.

ADU Frequently Asked Questions (FAQ)

1. What is the difference between an ADU and a JADU?

   Accessory Dwelling Units (ADUs) are attached or detached residential dwelling units that provide complete independent living facilities and are located on a lot with a proposed or existing primary residence. ADUs can be converted units or new construction.  Generally, ADUs are a minimum of 150 square feet and a maximum of 1,200 square feet. 

   Junior Accessory Dwelling Units (JADUs) are smaller units with a limited size of 500 square feet. JADUs are contained entirely within an existing or proposed single-family structure. Whereas all facilities are separate for ADUs, JADUs permit common sanitation facilities.

2. What is the ADU permit process?

   All ADUs require a Building permit. Building permit applications will be considered and approved ministerially, without discretionary review or a hearing. The City must approve or deny an ADU application within 60 days of the city receiving the completed application. Some ADUs may require an additional ADU Permit, which will be reviewed and approved ministerially, without discretionary review or a hearing.

3. What is ministerial approval?

   ADUs subject to State ADU Law must be considered, approved, and permitted ministerially, without discretionary action. This means that development and other decision-making standards must be sufficiently objective, such as numeric and fixed standards for heights and setbacks. There will not be a hearing, and no conditions will be placed on the approval.

4. How many ADUs are permitted on my property?

   Single-family lots are permitted, including one converted ADU and one JADU or one detached new construction ADU and one JADU. Multifamily lots can have multiple converted ADUs if the quantity does not exceed 25% of the existing multifamily dwelling units. Multi-family lots can have up to two detached ADUs on a lot with a proposed multifamily dwelling or up to eight detached ADUs on a lot with an existing multifamily dwelling as long as the quantity does not exceed the number of existing primary dwelling units.

5. Can ADUs exceed general plan and zoning densities?

   Yes. An ADU is an accessory use for the purposes of calculating allowable density under the general plan and zoning and does not count toward the allowable density. For example, if a zoning district allows one unit per lot or one unit per 7,500 square feet, an ADU would not be counted as an additional unit.

6. What if you are trying to legalize an unpermitted ADU?

   Suppose the ADU was constructed before January 1, 2020. In that case, the City cannot deny a permit to legalize an existing but unpermitted ADU if the ADU violates applicable building standards or does not comply with California ADU law. The City can deny a permit to legalize an existing but unpermitted ADU if the City finds that correcting the violation is necessary to comply with the standards specified in California Health and Safety Code Section 17920.3.

7. Can ADUs or JADUs be sold separately from the primary residence(s)?

   In some cases, an ADU may be permitted to be sold separately from the primary residence as regulated by WHMC Section 19.36.310.E.7.

8. Are rental terms allowed?

   ADUs and JADUs shall be subject to any restrictions on lease terms that apply to all residential dwelling units in the City (WHMC Section 19.36.275).

9. Are there Impact Fees?

No.