(A) Definition of ADU.
ACCESSORY DWELLING UNIT (ADU) (aka granny flat, in-law unit, second unit).
(1) One permanent attached or detached residential dwelling unit, which provides complete independent living facilities for one or more persons and is accessory to one existing or proposed single-family dwelling (SFD). It includes permanent provisions for living, sleeping, eating, cooking and sanitation. An accessory dwelling unit also includes:
(a) An efficiency unity, as defined in Cal. Health and Safety Code, § 17958.1.
(b) A manufactured home, as defined in Cal. Health and Safety Code, § 18007.
(2) An ADU may be created by constructing a new accessory structure or an addition, or by converting the existing permitted interior space of a single-family residence or accessory structure into an ADU. In 2018, state law expanded the definition of accessory structure to include converted garages, carports or covered parking structures.
(3) Cal. Gov’t Code, § 65852.2 requires local government to ease local requirements for ADUs and expedite local permitting processes associated with ADUs.
(B) Summary of recent changes to State of California ADU laws.
(1) Changes in ADU laws effective January 1, 2021 further reduce barriers, better streamline approval processes, and expand capacity to accommodate the development of ADUs. (Cal. Gov’t Code, § 65852.150).
(2) ADUs are allowed only on lots where adequate water and sewage disposal systems are or can be made available. Shared water and sewage disposal systems between the primary unit and the ADU is permissible.
(3) A local agency, special district or water corporation shall not consider ADUs as a new residential use for the purpose of calculating connection fees or capacity charges for utilities, including water and sewer services. However, these provisions do not apply to ADUs that are constructed concurrently with a new single-family home (Cal. Gov’t Code, §§ 65852.2(f), and 66000).
(4) An ADU is exempt from incurring impact fees from local agencies, special districts, and water corporations if less than 750 square feet. Should an ADU be 750 square feet or larger, impact fees shall be charged proportionately in relation to the square footage of the ADU to the square footage of the primary dwelling unit. Agencies may waive impact and other fees for ADUs.
(5) ADUs converted from existing space and Junior Accessory Dwelling Unit (JADUs) shall not be considered by a local agency, special district or water corporation to be a new residential use for purposes of calculating connection fees or capacity charges for utilities, unless constructed with a new single-family dwelling. The connection fee or capacity charge shall be proportionate to the burden of the proposed ADU, based on its square footage or plumbing fixtures as compared to the primary dwelling.
(6) A (JADU), or conversion of existing space that is contained entirely within an existing or proposed SFR is not considered a separate or new dwelling unit.
(7) State ADU law does not cover monthly user charge fees (Cal. Gov’t Code, § 65852.2(f).
(C) Carmel Area Wastewater District (CAWD) Policy.
(1) CAWD will follow all applicable state regulations as regards to ADUs, unless we go beyond state requirement as indicated below.
(2) Sewer connection fees: Sewer connection fees shall not be charged for ADUs unless additional sewer connection(s) to a lot is required due to insufficient capacity or at the request of the property owner. In such cases, an equivalent number of additional connection fees will be applied or proportionately charged.
(3) Sewer user fees: excluding JADUs, a user fee shall be assessed as calculated in the annual rate model for a residential unit.
(Res. --, passed 4-28-2022)