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The current owners acquired the structure when they purchased the property several years ago. Although the building had originally been constructed to support this use, it had never been permitted as an ADU. The owners approached our firm to assist in obtaining the necessary permits and securing legal recognition of the unit.
Guided by the owners’ research, we pursued compliance under California Senate Bill 897. Enacted in 2022, SB 897 prohibits local agencies from denying ADU permits for units constructed prior to January 1, 2018, solely due to their unpermitted status. Since the structure clearly predated that threshold, consultations with both the Building and Planning Departments confirmed that the unit was not required to fully comply with current building code standards. Instead, compliance was largely limited to those required under Section 17920.3 of the Health and Safety Code.
This interpretation significantly reduced the scope of work needed to legalize the ADU—eliminating, for example, the need for a Title 24 energy audit, and allowing the existing kitchenette to be retained largely as-is.
Permits were secured in December 2024, and the required improvements are expected to be completed by the end of the current year. |
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