When planning your accessory dwelling unit (ADU) project, choosing the right contractor is crucial. You may feel tempted by lower quotes from less experienced builders or even consider someone who has worked on your home before. However, ADU construction involves unique challenges that require specialized knowledge. By working with an experienced ADU builder, you can avoid costly delays and ensure your project complies with evolving regulations, all while delivering quality craftsmanship. In ADU construction, experience truly makes a difference.
“I appreciate all the hard work your team put in and your responsiveness. There seemed to be so many obstacles we had to overcome from issues getting permits, to having to combine lots but you guys were able to fix every issue that came up.” See this client’s project.
How are accessory dwelling unit projects different than other construction projects?
ADU projects differ significantly from other construction projects. They involve multiple layers of state and local regulations, with varying interpretations even within the same city. Even with robust planning, roadblocks commonly arise during the process. The time it takes to resolve these issues, whether days, weeks, or months, depends heavily on who handles the problem. Costs can also vary dramatically based on your contractor’s expertise.
The situation around ADUs in California can feel like the Wild West. Cities continue to figure out how to interpret state regulations alongside their own. Although state laws aim for uniformity, cities can enforce additional layers of regulation, or address issues not covered by state law. As a result, many ADU-related questions are coming up for the first time during the permitting process, often involving the city or homeowner associations (HOAs).
Do cities or HOAs make requests that the state ADU laws prohibit?
Yes! Cities or HOAs often request things that shouldn’t be required for ADU projects. Our deep knowledge of state ADU laws allows us to push back in these cases. We’ve seen how similar situations play out in different municipalities. Staying up to date on evolving regulations and interpretations is crucial to ensuring your project runs smoothly.
We always strive to provide an all-inclusive price upfront based on findings in our ADU feasibility study. However, there are factors beyond our control, such as unknown conditions that may surface during the permitting or build process. Thoughtful readjustments to the plan may be needed, and it’s important to carefully consider the impact on cost, time, and other aspects.
Real-World Examples of ADU Issues & Resolutions
Below are detailed examples of issues we’ve encountered during projects. Our experienced team shines in these moments, advocating for homeowners and keeping projects on track.
CITY PERMITTING REQUIREMENTS
City requests expensive right of way improvements
Context: We designed a 749sqft 2BR/2BA ADU for the client in El Cajon. The property had a pre-existing non-conforming front line, and the city required the client to install a sidewalk, curb, and gutter to meet current code.
Issue: This extensive work would cost tens of thousands of dollars due to the required specialty licenses.
Resolution: We pointed out that state ADU laws prohibit cities from requiring offsite or right-of-way improvements unless there are health or safety concerns. The city agreed, and the client avoided the extra cost.
City interpretation of setbacks is more stringent than expected, no room for ADU
Context: The client wanted to place a 749 sqft 2BR/1BA ADU in Chula Vista on the side of the main home. This was the only space large enough to accommodate an ADU. The ADU was placed 10’ off the side street, adhering to underlying setbacks for the zone. During plan checks, the city stated that a 25-foot setback from the side street was needed, which had not been clear earlier.
Issue: The lot had no room to move the ADU outside this setback.
Resolution: We argued that the 25-foot setback was inconsistent with surrounding properties and secured a variance allowing the ADU to stay in the planned location.
Driveway Size and ADA Compliance Challenge
Context: A client’s driveway didn’t meet the 20-foot setback from the property line due to a street angle, and the city demanded a redesign to comply with ADA standards.
Issue: Complying would cost tens of thousands, requiring right-of-way permits and extensive work.
Resolution: We argued this was a non-conforming zoning condition. With support from the Department of Housing and Community Development (HCD), we persuaded the city to allow the existing driveway layout.
Pending changes in city regulation while the ADU is being designed, ADU size no longer allowed
Context: A client designed a 1200 sqft ADU in San Marcos. and at the time the city had not yet created their own ADU regulations. At the time, the city had no ADU regulations, so county rules applied, allowing the larger size. After submitting the plans, the city delayed approval while planning a regulation change.
Issue: The new regulation would reduce the maximum ADU size to under 1,000 sqft, requiring a redesign that could take months and cost another $10,000.
Resolution: We escalated the issue with the planning department and pushed for the application to be processed under the existing rules. The city completed the application review within days, avoiding additional costs and delays.
City applies more stringent architectural standards to ADU
Context: A client wanted to build a 749sqft 2BR/2BA ADU in El Cajon that had one side along a property line, which was not visible from the primary home or street. Since the wall wasn’t visible from the primary home or street, we designed it as a straight line to reduce costs. The city, however, required the wall to include a “jog” or recessed area to break up the line.
Issue: Redesigning the wall would cause delays and add thousands of dollars to construction costs.
Resolution: We successfully argued that ADUs under 800 sqft are exempt from this architectural requirement. The city allowed us to proceed with the original design.
City takes longer than the state-mandated 60 days to act on an ADU application
Context: State law requires municipalities to act on an ADU application within 60 days.
Issue: Staffing shortages and a flood of ADU applications caused cities to fall behind, often leading to months-long delays.
Resolution: We track how long each project sits in the queue. If we approach day 58 with no feedback from the city, we notify them of the pending “shot clock” violation. This tactic has consistently resulted in swift turnarounds, with cities reviewing and approving plans in a matter of days.
UNKNOWN CONDITIONS UNCOVERED DURING PERMITTING
Unpermitted work on the property
Client unknowingly has existing ADU on premises
Context: Some developments include an ADU or Junior accessory dwelling unit (JADU, which is <500 sqft and converted from part of primary residence) during the initial development as part of the approved plan set for a primary residence. A client in Carlsbad wanted to build a 749 sqft ADU but didn’t know their primary residence already included a 540 sqft Junior ADU (JADU).
Issue: Only one ADU and one JADU is permitted on a single-family property in Carlsbad.
Resolution: We proposed converting 40 sqft of the existing JADU back into the primary home. This allowed the JADU to remain under 500 sqft, qualifying it under city regulations and making room for the new ADU.
Client has existing unpermitted units on premises
Context: A client in Carlsbad unknowingly had two unpermitted dwellings on their property, which they weren’t renting out. We were not aware of this during the design process for a new 749 sqft 2BR/2BA ADU. The city also found that the parcel was two lots.
Issue: The client would not be able to permit an additional ADU with existing non-permitted ADUs on the premises.
Resolution: We removed fixtures from one of the unpermitted units to ensure compliance. This cleared the way for the new ADU permit. Additionally, the client had to merge two lots, similar to another case we handled, to create sufficient space for the ADU.
Lot mergers: Parcel is actually two lots and must be merged prior to building an ADU
Context: Per state law, one ADU and JADU may be permitted on a single family lot. A lot is defined as a parcel of land that is approved on a recorded map. However, properties are commonly identified via assessor parcel numbers (APNs), which are largely used for tax purposes by the county assessor and are not the same as a legal “lot.” One APN may encompass multiple lots, and these scenarios typically exist in older neighborhoods. During the plan check process for a 749 sqft 2BR/1BA ADU on a property located in a coastal zone in Carlsbad Village, the city found that the lot that the primary home was occupying did not have sufficient space for an ADU.
Issue: The ADU could not be permitted as drawn, as it was spanning multiple lots.
Resolution: We executed a “lot merger” to produce sufficient space on the lot with the existing single family dwelling unit. This required many steps, including a legal description of the property, a boundary survey, a separate coastal development permit for the lot merger, and many other documents. A title report is a document that could help determine if an APN is in fact comprised of multiple lots.
INSPECTIONS
Inspector requires building verification survey
Context: An accessory dwelling unit was permitted and construction was underway. The unit was being built at 5′ from the side yard property line in a jurisdiction with 4′ side yard setbacks. The city building inspector requires a Building Verification Survey, at his discretion.
Issue: The survey will cost the client upwards of $8,000.
Resolution: We pushed back against the inspector and contacted the head of the planning department, who allowed the ADU to be constructed at 5′ from the property line with no survey requirement and thus saving the client $8,000.
HOMEOWNERS ASSOCIATIONS
HOA has stricter requirements than the city building code
Context: We designed plans for a 1155sqft 3BR/2BA ADU in San Diego with a connected porch space & deck, and in the meanwhile submitted to the HOA for review. The city completed their review process and approved the plans, so we received a permit. In the City of San Diego, ADUs are permitted to be placed at up to a zero lot line, meaning you can build a unit on the property line if you choose. The client and we had determined that placing the unit at a 4’ setback would be a placement that would allow for sufficient space during construction and also allow for some outside storage space behind the ADU. The deck of the ADU, which was attached to the home and passed city regulations, triggered a red flag for the HOA, which stated that decks were not allowed to be beyond a 5’ setback per HOA guidelines.
Issue: The path the client was on would have resulted in moving the ADU a foot, triggering a resubmission to the city and more months of permitting time.
Resolution: We were able to obtain a variance with the HOA for the deck to enable this to be a 4’ setback instead of 5’. The HOA did not offer this option upfront, but when we presented the fact that the city had already approved the plans, the HOA was willing to issue a variance.
Read more about what HOAs can require for ADUs.
FINANCING
Changes in financing during the project
Context: The homeowner planned to pay for a 749 sqft 2BR/2BA accessory dwelling unit plus garage with cash, then refinance the property after completion. However, interest rates started to rise sharply.
Issue: Without prompt action, the homeowner would pay much more for their loan (in retrospect, we know their rate would have increased by nearly 60%).
Resolution: We were able to provide all the extensive documentation for the construction loan to help the homeowner lock in the loan rate earlier in the process.
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At SnapADU, we quickly solve problems because we handle design, permits, and construction under one roof. Our team of 16 employees is small enough to stay nimble but large enough to have effective systems in place. This balance lets us adapt quickly to challenges.
ADU projects involve large amounts of information. Keeping everything on track requires strong systems that ensure smooth communication. We constantly improve these systems by sharing new insights from every project, which helps us perform better on future builds.
When you choose SnapADU, you can trust that as experienced ADU builders, we will deliver your project on time and on budget, with up-to-date expertise every step of the way.
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