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Senate Bill 13

Recent changes in California state and local laws have been enacted to legalize unpermitted accessory dwelling units (ADUs) under California Senate Bill SB 13. If an unpermitted ADU qualifies for the program, the property owner will have (5) five-years to obtain, inspect and finalize the required permit(s) to legalize the structure.

A few important items to note:

  • SB 13 only applies to ADUs constructed prior to 2020. The Building Inspector or Chief Building Official may require proof of the ADU's construction date during the Special Inspection in Step 2.
  • Properties with an active Notice of Violation (NOV) posted by Code Compliance (CC) have 90-days from the date of the NOV to apply for the SB 13 permit and schedule the first Special Inspection for the required minimum Life Safety & Health Standards site visit.
  • The Code Compliance case will remain open, and the Notice of Violation recorded on title of the property until the cited violations are fully addressed by way of legalization or demolition. Note: A permit is always required to demolish a structure, even one built illegally.
  • If compliance is not met within the 5-year time frame, CC has the option to seek illegal rents from the date of posting the Notice of Violation.


SB 13 Permit Application Procedures

Schedule your in-person appointment at the Building Counter here

  • Complete the SB 13 Eligibility Application PLG-263.
  • Provide three (3) paper copies of a Site Plan (11” x 17” min), identifying the parcel property lines, label and location of ALL structures on the property such as the existing primary dwelling, the unpermitted Accessory Dwelling Unit (ADU) you wish to be included in the SB 13 program and any other detached structures. Indicate the distance to property lines from the unpermitted ADU and distance to other structure(s) on the parcel.
  • Pay the Special Inspection fees.
  • Retain a copy of the permit card and the County-stamped site plan onsite for the Building Inspector.
  • This permit will remain open for 5 years should the project be deemed eligible.

This step does not legalize the structure

Schedule a Special Inspection here. The results of the inspection will determine the next steps.

  • Structure complies: If the unpermitted ADU meets the minimum Life Safety & Health Standards and is substantially compliant with the current California Building Code, please skip to Step 3 (optional) and/or Step 4 below.
     
  • Structure will comply with minor repairs: If the Special Inspection reveals additional issues that require minor repairs to meet minimum Life Safety & Health standards, a correction notice will be issued by the Building Inspector. This will require you to apply for a new EZ Permit. If there are multiple items to address, it is recommended to make an in-person appointment, so all items are listed and tied to the SB 13 application.
    • Applicants have 1 year to complete the list of corrections.
    • Please schedule another in-person appointment with the Building Counter staff to apply for a new OTC permit to address the corrections and become eligible for SB13.
    • Once the permit has been issued, and all corrections have been addressed, please schedule a building inspection to close-out the permit. Please note that the SI permit will remain open with an expiration date set for 5 years from issuance. 
      This step does not legalize the structure.
       
  • Structure does NOT comply: The scope of work on the permit will be updated to reflect that this project is NOT eligible for SB13 and the special inspection permit will be closed and complete.
    NOTE: Next steps are project specific; please make an appointment or contact Code Compliance to determine next steps.

Prepare a new ePlan Review package that includes:

APP File (application file):

  • ePlan Submittal Checklist PLG-230 must be the first page.
  • Building Permit Application PLG-200 must be the second page. Indicate in the scope of work section that this is a “SB 13 Cursory Review / Pre-Clearance” application. Confirm the square footage, bedroom/bathroom count, any attached decks or any other information that may be relevant to the project.
  • Owner-Agent Authorization form PLG-210 must be the third page if someone other than the property owner is applying on their behalf.

PLN File (plan files) Prepare a set of plans that includes:

  • Site plan - The site plan must be formatted 18 x 24 inch minimum, and clearly identify the parcel property lines, location of the existing primary dwelling, location of the septic system/leach field (as applicable) and the unpermitted structure(s) you wish to be included in the SB 13 program.   Indicate the distance to property lines from the unpermitted structure(s), and distance to other structure(s) on the parcel.
  • Floor Plans and Supporting Information - The plan must be drawn to scale with all rooms labeled, showing interior partitions, doors and windows, stairs, etc.  Plans must include the square footage of the unpermitted structure(s), number of stories, number of bedrooms, number of bathrooms, number of kitchens, current utility connections (either gas and/or electric), the foundation type (concrete slab, continuous perimeter footings or pier-and-block, etc.), the potable water source (private well, private provider, or public source), and the sanitary connection (onsite septic or County Sanitation).

Submit to ePlan Review for Routing and Comments
Please refer to the Info & Help section on the bottom of the ePlan home page for instructions on submitting.The application package will be routed to the following agencies:

  • Zoning.
  • Building.
  • Environmental Health (EH) if served by an Onsite Wastewater Treatment System (OWTS), e.g., septic.
  • Environmental Planning (EP).
  • Fire Department.
  • Code Compliance. 

Note: No review fees will be charged for Building, Zoning, Code and EP, however, the applicant may have to pay EH and Fire independently. 

Review Results 
The reviewing agencies will provide the applicant with a List of Required Information (LORI) which will list the items that are required to be submitted in the formal application. Once the LORI is provided, the permit will be closed.

Please note, you have 5 years from the date of issuance of the Special Inspection Permit to submit a complete set of plans, have them reviewed and approved, and complete all construction related activities to pass a final inspection

Create a new project in the ePlan portal to submit the application package to legalize the structure(s).  This package should address / include any items identified by the cursory review / pre-clearance and LORI.

Prepare a new ePlan Review Package
The package must include the following three PDF files:

  1. APP File (application file):
    • ePlan Submittal Checklist form PLG-230must be the first page.
    • Building Permit Application  PLG-200 must be the second page.  Indicate in the scope of work section that this is related to an SB 13 application.
    • Owner-Agent Authorization form PLG-210 must be the third page if someone other than the property owner is applying on their behalf.
    • EH Clearance for (if on septic).
  2. SUP File (supplemental file)
    • The supplemental index from PLG-235 must be the first page.
    • Soils Report or an Approved Soils Waiver from Environmental Planning. The Waiver Request form, PLG-310 and must be approved by EP prior to submitting to Building.
    • Structural engineering calculations – Please refer to PLG-280 to see if your project requires engineering.
    • Appendix A – Project Information and Threshold Determination Form. See Public Works’ Building Permit Guidance webpage.
    • Any other spec sheets or documentation that has been requested and is not on a full-size plan sheet.
  3. PLN File (plan files): Prepare a set pf plans that includes:
    • A full and complete set of plans. Standard requirements for plan check include but are not limited to: a cover sheet, site plan, elevations, floor plans, foundation plan and energy compliance.
    • Please refer to PLG-280 to learn more about requirements for residential structures.

Submit Application to ePlan Review for Routing and Comments

  • Refer to the Info & Help section on the bottom of the ePlan Review home page for instructions on submitting.
  • Once the intake requirements are sufficient, staff will process the application and provide the permit number and fees due through the ePlan Review portal.
  • The plan will only route for review once all the intake fees are paid.
  • The project will be reviewed and if corrections are required, a resubmittal may be necessary.
  • Once all agencies have approved, final fees will be provided and once paid, a permit will be issued. 
    Note: All notifications are sent through the ePlan Review Portal to the account holder. For those without access to the ePlan account, the application's status is provided on the Check Status webpage by entering the Assessor's Parcel Number or permit number. 

With this permit, the applicant must:

    • Do the necessary construction work to bring the project into compliance. (If applicable).
    • Release any HOLDs that may be on the permit, including contacting Code Compliance (C.C.) and paying any outstanding (C.C.) fees relative to the structure(s).
    • Schedule a final inspection and once passed, the project will be closed out.

  • All SB 13 related permits must be closed and complete. This can be verified by entering permit number(s) or the associated parcel number here Check Status.
  • SB 13 projects that do not complete the program within 5 years (Steps 1 through 5, with Step 4 being optional) become void and will be referred to Code Enforcement for resolution.

 

Additional Information

  • For parcel-specific information concerning Zoning (setbacks/lot coverage), Environmental Planning (soils report/flood zone) or Environmental Health (septic or wells), please schedule an appointment using the Appointment Scheduler. A separate appointment must be scheduled for each section / department.

  • For questions regarding the inspection for minimum Life Safety & Health Standards, please make an appointment with Building Inspections - general questions.

  • For all other questions regarding the SB 13 program, please make an appointment with the Building Counter.

  • For general ADU information, please visit our ADU webpage.

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