Easing The California Housing Demand: A New California Law for Adding Second Units

Signed into California law last year, effective January 1, 2017 is a statewide law allowing the creation of 2nd units, not exceeding 1200 square feet, in otherwise single family and multifamily zones.  This bill, AB2299 (Bloom) imposes a state-mandated local program, and which deletes previously existing additional space parking requirements.  Existing driveway parking may now meet the parking requirements under this law.  This is significant for some property owners who had the space to build a unit, but did not have a large enough lot to meet new parking requirements as well.
Now referred to as Accessory Dwelling Units (ADUs), there are certain guidelines that a local agency may create but which may not be more restrictive than the new law, including the following:

• The unit is not intended for sale separate from the primary residence and may be rented.
• The lot is zoned for single-family or multifamily use.
• The accessory dwelling unit is either attached to the existing dwelling or located within the living area of the existing dwelling or detached from the existing dwelling and located on the same lot as the existing dwelling.
• The increased floor area of an attached accessory dwelling unit shall not exceed 50 percent of the existing living area.
• The total area of floorspace for a detached accessory dwelling unit shall not exceed 1,200 square feet.
• No passageway shall be required in conjunction with the construction of an accessory dwelling unit.
• No setback shall be required for an existing garage that is converted to a accessory dwelling unit, and a setback of no more than five feet from the side and rear lot lines shall be required for an accessory dwelling unit that is constructed above a garage.
• Local building code requirements that apply to detached dwellings, as appropriate.
• Approval by the local health officer where a private sewage disposal system is being used, if required.
• Parking requirements for accessory dwelling units shall not exceed one parking space per unit or per bedroom. These spaces may be provided as tandem parking on an existing driveway.
•  Off­street parking shall be permitted in setback areas in locations determined by the local agency or through tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions, or that it is not permitted anywhere else in the jurisdiction.
• When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit, and the local agency requires that those off­street parking spaces be replaced, the replacement spaces may be located in any configuration on the same lot as the accessory dwelling unit, including, but not limited to, as covered spaces, uncovered spaces, or tandem spaces, or by the use of mechanical automobile parking lifts.
• The ordinance shall not be considered in the application of any local ordinance, policy, or program to limit residential growth.

 This is a chance to ease the housing situation for family members, or for someone to add on a second unit for income without having to purchase a new property.  It's especially helpful for those who want to live individually in a residential area, i.e., Belmont Heights in Long Beach which already hosts some older residential properties with units, without the ambiance of a large apartment building.

Update July 22, 2017:  The City of Long Beach is still in the process of developing the code requirements that must match these units (i.e., fire and safety, certain construction requirements, etc.), but has also made ineligible building ADUs in the City's parking impacted zones.  The map for these zones is available on the City's website.

 

How Do HOAs Work?

When you purchase a home, there's a good chance you'll have to pay a homeowners association fee, especially in gated communities, townhouses, condominiums, and other similar planned neighborhoods. The idea is to keep common areas clean and maintained for the benefit of all, and there's usually an HOA board of directors that is responsible for setting the rules and regulations, and carrying out the provisions of the CCRs--a foundation HOA document naming conditions, covenants and restrictions.
Each HOA is different, but most have the same core elements. Most associations employ a qualified professional property manager which assists the Board. You'll typically pay your HOA fees either monthly, quarterly, or annually, and the amount of those fees are an important factor to consider when you're weighing your options for a new home. Lenders, for instance, will need to know that fee amount as part of your purchase mortgage loan approval.

So what is typically included in your HOA fees?

First, the fun stuff Amenities are typically the big perk of living in a community with an HOA. While you lose out on some of the freedom of living without an HOA, you instead get community amenities like a maintained pool, gym, clubhouse, tennis courts, and other amenities. The HOA fees pay for cleaning and maintenance, so-in theory-you'll always have a clean pool whenever you want to use it.
Protecting the community HOA fees often contribute to insurance for the community amenities, as well as a  reserve fund for unexpected repairs to damaged community property--think damage from weather or accidents. California, for instance, requires a reserve fund which is typically contributed to at the rate of 10% of total annual income (usually the HOA fees paid by owners).
General maintenance Your HOA fees will go toward maintaining the general safety and upkeep of the community. This means things like elevator maintenance for condominiums, trash/recycling services, interior roads and other "common area" features as contained in the HOA documents.
Be active in the association There may be a board of directors voted into office by the owners, who are required by law to do certain things, but homeowners associations exist for the betterment of the entire community, and every voice matters. HOA meetings--and the amenities they support--provide great opportunities to meet your neighbors and make your community a better place.

For additional information on condo buying, go to http://www.juliahuntsman.com/condo-living.html

Housing Market and Inventory Shortage in Los Angeles County

Buyers still experience a great deal of competition when submitting offers. I know of one recent instance where an offer for a $450,000 house was submitted at $10,000 over asking, but the buyers were still outbid. This is and has been a very frustrating fact of life for quite some time.

 As it happens, Los Angeles County has far more jobs than new housing permits issued compared to any other county in California. Santa Clara and Orange Counties are the next most underbuilt counties. This did not happen overnight, but happened over several years, and estimates are that it will take several more years to "catch up".

 Other reasons for low inventory is that the Baby Boomer generation and/or longtime homeowners are not moving as much as in the past. The recession featured very low interest rates, or they may have lower property taxes, or if they move there may be a capital gains hit due to rise in prices ($250,000 for single, $500,000 for couple), there is the question of where can they move to, or their circumstances may have changed and they cannot qualify for the same mortgage today--so they stay put.

In California in the 1970s, there was about a 9% turnover rate, in 2014 that rate had declined to less than 5%. In 2000, California sellers stayed put for about 6 years (national average was about 7 years); as of 2016, that average length of stay was 10 years. Californians 55+ years of age are now at their lowest rate of moving -- 71% of the 55+ crowd has not moved since 1999. Data from the construction industry reveals $3.9 billion was invested in remodels and additions compared to $1.5 billion in 1988. In San Francisco alone, there are currently between 400,000 and 700,000 rentals that used to be owner-occupied, in other words, those are properties taken out of the purchase market. Another interesting effect is formulation of households -- not as many people getting married and wanting to buy a new home for a new family! Additional effects on the housing market could be future policy changes concerning the mortgage interest deduction and outmigration to more affordable areas (which at least might put some properties on the market).
Political uncertainties and Twitter bursts are essentially wildcards for certain aspects of the housing market.
 For buyers, is it impossible?  No, but it's extremely important to be prepared with local market knowledge, and prior loan approval before shopping.