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How Many ADUs Can You Build on a Multifamily Property?

Sep 29, 2024 | 0 comments

Curious about how many ADUs you can build on a multifamily property in California? We’ve reviewed the latest multifamily ADU rules under SB 1211 to help guide you. More than a dozen of our ADU projects in progress or completed include multiple units. See our projects with multiple ADUs.

If you own a multifamily property – a duplex or up to a large apartment building – you are allowed to build as many ADUs as the number of existing units, up to eight new detached ADUs. You can also convert existing non-habitable space into ADUs.

Law changes in California over the past several years have made it easier to add an accessory dwelling unit (also known as an ADU, granny flat, casita, guest house, accessory unit, additional dwelling unit, accessible dwelling unit, mother-in-law suite) to most residential properties. Parking requirements have been reduced or eliminated, plus many impact fees have been waived on ADU projects. Setbacks have also been reduced to just 4’ on side and rear yards, meaning smaller lots may now accommodate an ADU. The ADU laws include single family residential properties, as well as multifamily properties.

Multifamily ADU Rules in California: New Opportunities with SB 1211

The newly passed SB 1211 was signed into law on September 19, 2024. Going into effect on January 1, 2025, SB 1211 introduces significant changes for multifamily ADUs by allowing property owners more flexibility and removing restrictive regulations. Whether you own a duplex ADU or a larger multifamily property, these updates impact the way ADUs are developed.

How Many ADUs Can You Build on Multifamily Properties?

The number of ADUs allowed on multifamily ADU properties in California depends on the number of existing multifamily units on the property.

New Detached ADUs for Multifamily

Prior to SB1211, most multifamily properties were limited to two new detached ADUs. With the new regulations, up to 8 detached ADUs can now be built, provided they do not exceed the number of existing units.

Conversion ADU for Multifamily

In addition to those detached units, you may also convert existing non-livable space in the multifamily structure. For conversions (think garages), the minimum number of ADU conversions allowed is one, up to a maximum of 25% of the number of existing multifamily units. This is in addition to the allowed number of detached ADUs. This means that if you have an eight-unit property, you could convert non-habitable space within the building into to ADUs (8 units * 25% = 2), plus up to eight detached ADUs.

San Diego County regulations state that any existing accessory structure can be converted into an ADU. This can include a garage, shed, or workshop; any non-habitable space, as long as it is not currently classified as a dwelling unit. We most commonly see garages and existing sheds being converted. These units are usually subject to local jurisdiction and setbacks just like any other ADU. However, if you have a non-conforming garage (meaning it is encroaching on the setbacks), you are allowed to convert the garage, or demolish it entirely and construct an ADU in its place. Read more about garage conversion vs. demo to start from scratch.

Restrictions on Size

In all cases, limits on your underlying zoning – such as floor area restrictions – will still apply to your ADU build. However, cities must allow a single-story 800 sqft ADU ‘by right’ if it meets building codes, according to state regulations. This holds true even if you are maxed out on your FAR (floor area ratio) or RFA (residential floor area). Also, unlike single family properties, you may not add a junior accessory dwelling unit (JADU) to a multifamily property.

ADU Affordability Bonus Program in City of San Diego

You may also be able to build more units under the City of San Diego’s Affordable ADU Bonus Program. The city allows you to build one ADU that is not deed restricted (e.g. you can rent it out at market rates) for every affordable ADU you build. This is of course subject to underlying zoning requirements on floor area ratio and lot coverage requirements. So in sustainable development areas, this means you could build more ADUs than the number of existing units. Learn more about the Affordable ADU Bonus Program.

What counts as a multifamily dwelling in California ADU development?

A multifamily dwelling refers to a residence that contains more than one housing unit, like a duplex or townhome. When you hear about multifamily, it is important to make a distinction between the property zoning and the structure itself. Note that the multifamily units need to be attached to each other to be considered a multifamily development under California state ADU laws. See page 12 of the HCD handbook for this clarification.

You may see a lot of different scenarios with multifamily zoned lots, including properties with the following structures currently built on them:

  • Single family dwelling on a multifamily zoned lot
  • Two single family homes that are not attached to each other
  • Multifamily dwelling structure (two or more attached units)

 

Typically, you would be able to build multiple ADUs in the last example: a property with an existing multifamily dwelling already built on it.

City of San Diego Multifamily Dwelling Exceptions

The City of San Diego, however, will allow up to two detached ADUs on properties that are simply zoned for multifamily, even if there is only a single family residence currently on the property. Additionally, the City of San Diego regulations allows two ADUs on properties with an existing multifamily residence (like a duplex) even in a single family zone.

Can You Build an ADU on a Duplex in California?

Yes, you can build up to two ADUs on a duplex in California. Under SB1211, property owners with an existing duplex can add up to two detached ADUs, providing options for increasing living space and rental potential. In addition to the ADU duplex structure, property owners may also be able to convert non-habitable spaces like garages into additional ADUs.

How do you fit Multiple ADUs onto a property?

In some jurisdictions, ADUs must be standalone structures with minimum separation between them. In others, like the City of San Diego, you have the option to attach them. These ADUs can be built side by side or stacked on top of each other as two stories, allowing even smaller lots to accommodate two new units. Read more about stacked ADUs.

ADUs can be up to 1,200 square feet in many cities, providing ample space for larger units. With up to three bedrooms or even four bedrooms, these spacious ADUs are ideal for renters or extended family members, offering a highly flexible housing option.

How Much Does it Cost to Build Multiple ADUs?

Generally, the second ADU costs around 80-85% of the first – see example prices for each unit on our plans pages. Although shared mobilization and project management offer some savings, each additional ADU still requires high-cost components like kitchens and bathrooms. As a result, building multiple ADUs is not as cost-effective as increasing the size of a single ADU.

While you save by mobilizing construction crews just once and tackling more work at once, some expenses will still be significant. For example, fire-rated construction between units and dedicated HVAC and electrical systems for each ADU add costs. This keeps the cost per square foot from dropping as sharply as it would if you were simply expanding a single unit.

Read more about ADU costs, as well as more details on important (but often overlooked) components like utilities & sitework.

TABLE: Cost To Build Two Detached ADUs in San Diego, California

Type Size Vertical Build Cost* Build cost per sqft Typical All-In Cost All-in cost per sqft View Example Plans
1BR/1BA stacked 500 sqft x 2 $400K $400 $525K $525 1BR <500 sqft
2BR/1BA stacked 750 sqft x 2 $500K $333 $650K $433 2BR <750sqft
2BR/2BA stacked 1000 sqft x 2 $600K $300 $750K $375 2BR >750 sqft
3BR/2BA stacked 1200 sqft x 2 $650K $270 $800K $333 3BR all sizes

Source: Snap ADU (updated June 2024). *Vertical Build Cost includes finishes

What are the requirements for renting out ADUs?

ADUs may be rented for periods of more than 30 days. Owner occupancy requirements have been waived for ADUs built through 2024 and likely will be extended to 2030. This means that an owner of a multifamily property may build an ADU without having to sign an agreement that they will live on the premises (which was previously the case prior to legislation changes). Read more about owner occupancy requirements and renting out ADUs on our blog.

Read SB 1211 – Updated ADU Multifamily Rules for California

Want to dissect the relevant multifamily code, seeing how the SB1211 changes affected key state regulations? Red strike is removed wording, blue is the changed wording, and we’ve added bold to make things easier. We’ve also listed the whole piece of legislation in order, with our commentary noted at the top of each section.

Parking Spaces Need Not Be Replaced

ADUs built by replacing existing structures like carports or driveways no longer require replacement parking.

66314 (d) (11) When a garage, carport, or  covered parking structure  structure, or uncovered parking space  is demolished in conjunction with the construction of an accessory dwelling unit or converted to an accessory dwelling unit, the local agency shall not require that those offstreet parking spaces be replaced.

 

Conversions of Existing Space

For conversions of existing non-habitable space, the minimum number of ADU conversions allowed is one, up to a maximum equal to 25% of the number of existing multifamily units.

66323 (a) (3) (A) Multiple accessory dwelling units within the portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings.
      (B) A local agency shall allow at least one accessory dwelling unit within an existing multifamily dwelling and shall allow up to 25 percent of the existing multifamily dwelling units.

Height Restrictions

The height restriction is 16′, 18′, or 20′ depending on which section. Additionally, many cities allow for taller ADUs, so long as they conform to the underlying regulations for the local zoning.

66323 (a) (4) (A) Not (i)   more than two accessory dwelling units  Multiple accessory dwelling units, not to exceed the number specified in clause (ii) or (iii), as applicable,  that are located on a lot that has an existing or proposed multifamily dwelling, but are detached from that multifamily dwelling and are subject to a height limitation in subparagraph (A), (B), or (C) of paragraph (4) of subdivision (b) of Section 66321, as applicable, and rear yard and side setbacks of no more than four feet.

Section 66321 (b) (4) (A-C) for easy reference

(A) A height of 16 feet for a detached accessory dwelling unit on a lot with an existing or proposed single family or multifamily dwelling unit.
(B) A height of 18 feet for a detached accessory dwelling unit on a lot with an existing or proposed single family or multifamily dwelling unit that is within one-half of one mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code. A local agency shall also allow an additional two feet in height to accommodate a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the primary dwelling unit.
(C) A height of 18 feet for a detached accessory dwelling unit on a lot with an existing or proposed multifamily, multistory dwelling.

Number of ADUs

You may build as many detached ADUs as you have units in the existing multifamily dwelling, up to eight new detached ADUs.
66323 (a) (4) (A) (ii) On a lot with an existing multifamily dwelling, not more than eight detached accessory dwelling units. However, the number of accessory dwelling units allowable pursuant to this clause shall not exceed the number of existing units on the lot.
(iii) On a lot with a proposed multifamily dwelling, not more than two detached accessory dwelling units.
All information included in this blog is based on our past design/permit/build experiences and our best understanding of local and state regulations as of this time. With our clients, we do our best to identify the most likely scenarios and interpretations so that we can accurately advise on budget and scope. In the end, we don’t want anyone to be surprised… at least not by the costs or process (though it’s a good thing to be surprised by how smoothly things go and how great the ADU looks after it’s completed!).

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