New ADU law

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Jay Wright
Posts: 122
Joined: Mon Sep 20, 2010 11:39 am

New ADU law

Post by Jay Wright »

Had someone ask for a proposal for topo and staking for a new ADU.
The spot he wants to put it is in a Private Landscape Easement which according to
the Owners Statement on the Tract Map is to be kept clear of all buildings etc.

The potential client tells me the new law means the HOA can't stop him.
I haven't read the new law the 12 times necessary for me to begin to understand it, so I think I'm going to punt.

Has this fight been fought already?

Thank you
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David Kendall
Posts: 687
Joined: Thu Apr 10, 2014 1:45 pm
Location: Ferndale

Re: New ADU law

Post by David Kendall »

Certainly an interesting development. My understanding (with only one read of the ordinance) is that all mandated setbacks are reduced to 4' and height restrictions are increased to 16' by state law so build away.... Does this overrule the private restrictions? For CCRs the answer appears to be yes but I don't know about easements.

Someone said you could now build an ADU on a condo or other multifamily lot.

There is also something in there about how the ADU can be sold....

I suppose I would show all the easements and setbacks on the staking plan and let them build what they want. Maybe have the client sign a release of liability so it doesn't come back to being your call to make.

https://www.hcd.ca.gov/community-develo ... -10-20.pdf
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hellsangle
Posts: 710
Joined: Tue Mar 06, 2007 8:31 am
Location: Sonoma, CA
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Re: New ADU law

Post by hellsangle »

Do the boobs in Sacramento think past their noses?

AB5? SB2? This? What do they drink for lunch up there in Sac?

After all the recent conflagrations . . . do the-powers-that-be think the insurance industry will welcome a denser housing plan? (Today a client told me that an un-named insurer stopped any and all coverage in their city. My client's broker tried getting coverage for them. After four carriers they finally found a company that would insure in this densely populated Marin County (94941) town with narrow streets, steep terrain and copious foliage!)

Do we want to embrace living like cattle at the Coalinga stock yards? Quality of life. More laws. Less freedom.

I apologize for getting off-topic with regards to this easement post.

Crazy Phil - Surveyor to Recorder - Sonoma
wingding
Posts: 83
Joined: Sun May 10, 2015 9:04 am

Re: New ADU law

Post by wingding »

A few weeks ago I staked a New ADU in the front yard with a full basement
Anthony Maffia
Posts: 530
Joined: Mon Jan 13, 2003 4:52 pm
Location: Contra Costa County, CA

Re: New ADU law

Post by Anthony Maffia »

I would expect the local planning department to make that determination.
- Anthony Maffia, LSIT
Elias French
Posts: 135
Joined: Fri Aug 07, 2009 7:22 am

Re: New ADU law

Post by Elias French »

Agree regarding the release of liability and showing all on the plat. Would think that the state ADU law setback revisions etc. might not act to override private easements though... What if it was a driveway easement instead of a "landscape easement'?

How did this one work out?
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