New Regulations Help ADU Production Surge

The Daily Transcript (April 21, 2021) There has been a surge in the construction of accessory dwelling units statewide, fueled by new regulations, and now there is another California Senate bill intended to make them even more feasible. It is currently very difficult to convert an unused ground floor retail space back into its original use as residential housing under existing state law, according to Allen Matkins attorney Matthew Fogt. San Diego was among numerous cities nationwide in the 1990s that mandated a retail component be at the base of multifamily complexes. Many of those spaces ended up being empty for long periods, however. "Ground floor retail never pencils," Fogt said. "You should be able to convert these spaces." California's existing planning and zoning law allows for the creation of accessory dwelling units, or ADUs, by local ordinance. However, it also requires a local agency to ministerially approve applications for a building permit within a residential or mixed-use zone.