Westminster California ADU Friendly Requirements

Requirements for Additional Dwelling Units (ADUs) and Junior Additional Dwelling Units (JADUs) in Westminster, California

Westminster has a comprehensive program for ADUs and JADUs. Here are some of the ADU and JADU regulations, procedures and considerations for anyone interested in constructing these types of units on their property.

Permissibility and Flexibility: the City of Westminster allows ADUs and JADUs in all residential zones, with no minimum lot size. This is intended to promote flexibility and expand housing options.

Variety of ADU Types: The City is allowing different types of ADUs, including detached, attached, converted and junior ADUs. This accommodates a range of lot configurations.

Streamlined approval process: The City has implemented a combined land development plan review and building permit process designed for efficiency. Preliminary review is recommended.

Focus on Compatibility: ADUs must be architecturally compatible with the primary residence in terms of design, materials and color.

Specific size and height limitations: There are specified size and height limits for different types of ADUs to ensure that they are consistent with the primary residence.

Parking requirements: Specific parking requirements apply to ADUs, with exceptions for units without bedrooms, units near public transportation, or existing structures that have been remodeled.

Owner occupancy for JADUs: Owner occupancy is mandatory for properties with a JADU, emphasizing the intent of these units as a secondary residence versus the primary residence, while owner occupancy is not required for ADUs.

Restrictions on sales and short-term rentals: ADUs and JADUs cannot be sold separately from the primary residence, and short-term rentals (less than 31 days) are prohibited.

Importance of Professional Help: It is highly recommended to hire a qualified professional to handle the complexities of design, planning and permitting.

Fees and Impacts: The City charges fees to offset the cost of processing permits and may charge additional fees to local school districts. ADUs larger than 750 square feet are also subject to a parking fee.

Permitted locations: ADUs are permitted on any property zoned for residential development. "ADUs that comply with the City’s Zoning Ordinance are permitted on any lot zoned for residential development" There is no minimum lot size.

ADU conversions: Existing floor areas, including second stories, may be converted to ADUs provided there is a separate exterior entrance.

Number of ADUs: Only one ADU and one JADU is permitted for single-family homes. For multi-family dwellings, up to two detached ADUs and converted ADUs within existing areas are permitted, up to a maximum of 25% of the existing units.

Size and Height: Detached ADUs are limited to 1,200 square feet and 16 feet in height. Attached ADUs are limited to 1,200 square feet or 50% of the main unit, whichever is greater. There is no maximum size for converted ADUs.

Architectural Compatibility: ADUs must be "compatible in design with the existing house, which includes similar roof type and pitch, exterior finish and color"

Parking: Parking is required for new ADUs; exceptions apply for units without bedrooms, units near public transportation, or conversion of existing structures. No replacement parking is required when demolishing parking structures for ADUs.

JADU Specifics: JADUs are limited to 500 square feet and cannot be located in a detached garage, but must be attached to the existing home. JADUs must be owner-occupied and cannot be sold separately from the primary residence.

Clearances: ADUs require a minimum side and rear setback of four feet and must meet the applicable front yard setbacks for the district.

Rental Restrictions: ADUs and JADUs may not be rented for less than 31 days.

The official definition of ADU and JADU: ADUs are "self-contained dwelling units" with facilities for living, sleeping, eating, cooking and sanitation that are independent of a primary residence. JADUs are smaller (500 square feet or less) and may be shared with the main home.

The Seven Step Process: Determining Eligibility, Determining Feasibility, Hiring a Professional, Preliminary Review by the City, Submission of Plans for Review, Construction and Occupancy.

Preliminary Review: the City provides a preliminary review to verify completeness and overall compliance and to resolve design issues early before official plans are submitted.

Feasibility: the guide emphasizes the importance of checking floodplains, easements, and unpermitted construction. The guide recommends an initial sketch plan to get the project off the ground.

Fees: Fees are due when the application is submitted and when the permit is issued. It is recommended that fees be reviewed prior to beginning the project.

Solar Panels: New detached ADUs are subject to California Energy Code requirements for the installation of solar panels.

Being a Landlord: Leases must be at least 31 days long and no short-term rentals are permitted.

Appropriate properties: ADUs are permitted in zones that allow residential use: R1, R2, R3, R4 and R5, and there must be a legal residence on the lot.

Setbacks and Spacing: 6 feet for R1 and 10 feet for R2-R5 from other residential buildings.

Lot Coverage: ADUs larger than 800 square feet must meet the specific lot coverage requirements resulting from zoning, with calculation examples provided.

Westminster’s is committed to providing flexible housing options while ensuring compatibility with existing neighborhoods. By following the steps and guidelines outlined, property owners can effectively manage the process and create valuable housing units on their properties while complying with all relevant rules and regulations.

Looking to get a quote for your ADU or JADU? Visit: https://aduwestminster.com/

Sources:

Guide: https://www.westminster-ca.gov/home/showpublisheddocument/4114/637689600217500000

City website: https://www.westminster-ca.gov/departments/community-development/planning-division/accessory-dwelling-units