Legal Considerations for Renting Out Accessory Dwelling Units (ADUs) in Santa Rosa - Article Banner

Accessory Dwelling Units (ADUs) are generally defined as small residences that are allowed in conjunction with another primary residence on the same property in most residential, mixed-use, or agricultural zones. With affordable housing being more and more difficult to find, ADUs have been considered a good option for people who want to provide housing and move into a property that doesn’t have too high a rent. 

We’re considering what ADUs can provide for owners and tenants, and also taking a look at the legal considerations which cannot be ignored. There are specific guidelines and requirements you’ll have to follow if you decide to rent out an ADU. 

Benefits of Renting Out an ADU

An ADU is often better known as a granny flat, in-law unit, guesthouse, backyard home, or second home.  

ADUs can provide some great opportunities for additional rental income, whether you want to rent one out on your own property or you have a home with space to add an additional property. They cannot be sued for short term rentals in Santa Rosa. This is an important disclaimer as we talk about the potential of adding an ADU to your own property. You cannot rent it out for a period less than 30 days.

There are some really good reasons to consider renting out an ADU. 

The Santa Rosa housing market is in a crunch. Inventory is low but there’s a high demand for well-maintained rental housing. As prices have increased over the last few years, there’s a need for affordable housing within the community. Homeowners are looking for ways to leverage their own property and space. 

When you have or construct an ADU, you have a built-in rental unit that contributes to housing solutions around the neighborhood and provides you with some extra income potential. 

An ADU is a great investment. Especially if you’re renting it out with the following conditions in place:

  • You expect to own your home for several more years and rent out the ADU either in the short term or the long term.
  • You already own the land that the ADU is on.
  • The equity in your main home will allow you to access the capital you may need for construction or improvements.
  • You need a granny flat or an extra space for aging parents or adult children.

The main residence on the site or the ADU are no longer required to be occupied by the property owner, however if you’re adding a Junior Accessory Dwelling Unit (JADU), the laws and requirements are different. The main residence OR the JADU will have to be occupied by the owner. 

ADUs and the City of Santa Rosa

The City of Santa Rosa allows property owners to develop an accessory dwelling unit (ADU) on any lot that allows a single-family or multifamily residential use and includes a proposed or existing dwelling. A junior ADU is also permitted, with junior ADUs being defined as a specific type of ADU that is built within an existing residence, utilizing an existing bedroom, and providing a small efficiency kitchen. 

For owners who have an ADU already present on the property, the process of turning that into a rental unit is fairly straightforward. However, if you decide that you want to build an entirely new ADU, or if you want to convert a portion of your property into an ADU, you might find there are some complex guidelines and requirements that must be followed. 

The City is willing to provide as much help as necessary. Before you begin building an ADU, make sure you understand the requirements and are prepared to meet them. You’ll want to understand the costs associated with building and maintaining an ADU. The City of Santa Rosa keeps a lot of helpful information on their website. This is where you can find ADU-specific information: 

https://www.srcity.org/2280/Accessory-Dwelling-Units#Requirements 

Applying for an ADU Permit in Santa Rosa

Before you can begin building an ADU on your property, make sure you know what the requirements and costs are. The City of Santa Rosa will provide a breakdown of general development standards for ADUs. The requirements will depend on if you’re working within a single-family or multi-family zoning district. 

 

You’ll have to consider the zoning as well as specific setback requirements. These are likely to vary depending on where your property is located. Check the above website, where you’ll find a guide to the City’s online mapping resources. You’ll know where your zoning district is, and what that means for standards and setbacks. 

  • Materials to Submit

Before you get started, you’ll need to submit the following materials in order to get a building permit for an ADU, a Junior ADU, or both. To begin the permit process with Santa Rosa, you will need to submit the following materials:

  • Site plan
  • Floor plan 
  • Foundation plan
  • Interior cross sections
  • Construction details
  • Elevations for new structures
  • Deed Restriction as applicable (see the owner occupancy information below)
  • Historic Resource Survey as applicable (see the historic preservation district information below)

Building Division staff have prepared checklists for design professionals to ensure a complete submittal and minimize the need for plan revisions and related delays. You can find those checklists on the website as well. 

  • Parking Requirements 

It’s also important to be aware of the parking requirements. For any new detached ADU, an additional parking space must be made available. However, you do not have to worry about any parking spaces at all if one of the following conditions exist:

  • The ADU is 750 square feet or less or a studio unit
  • The property is located in a historic preservation district 
  • The property is within 1/2 mile walking distance of a transit stop 
  • The ADU is part of the existing residence or within an existing accessory structure
  • When on-street parking permits are required but not offered to the occupant of an ADU
  • The property is within one block of a car-share vehicle

For an internal conversion ADU or for a JADU, additional parking is also not required

An ADU that is detached from the proposed or existing single-family residence may include a detached garage.

  • Fire Sprinklers 

There are state laws in place that exempt many ADUs from fire sprinklers, however there are some specific situations in which you will need to install fire sprinklers. Three of these factors are:

  • Distance for fire response and access during emergency operations. Fire sprinklers may be required if any portion of the ADU is more than 150 feet from Fire Department access (usually the street or road).
  • Distance to fire suppression water supply. Fire sprinklers may be required If any portion of the ADU is more than 400 feet from a water supply (typically a fire hydrant).
  • ADU over a garage or carport. Fire sprinklers are required throughout a garage or carport with habitable space above. Garage or Carport AND an ADU require sprinklers.

There may be additional factors that can require the installation of fire sprinklers, so you’ll want to communicate with the City of Santa Rosa about whether these need to be installed. You can also check with Santa Rosa Fire to determine the need for fire sprinklers. Fire Department personnel are available at Planning & Economic Development. 

Once you apply for your permit, you can expect an approval or a denial within 60 days. 

Sonoma County and ADU Permits 

Santa Rosa has its own set of requirements for any properties inside the city. When you have a home outside of Santa Rosa and you’re considering an ADU, you’ll need to check in with Sonoma County, which has requirements and an application process that’s similar to Santa Rosa, but also a bit nuanced. You can get a lot of good information on the county’s website for permits, which is: www.permitssonoma.org. You’ll find information about standards, setbacks, sanitation, and water availability. 

Choosing an ADU Contractor 

Unless you’re converting a dwelling or a guesthouse that you already have on your property into an ADU, you’ll need a contractor to build the residence you’re looking for. 

By partnering with a qualified construction team who understands the requirements of the city and has specific models and plans already available, you can expect a turnkey solution that helps you take advantage of the ADU opportunity. Look for a crew that offers:

  • Pre-designed floor plans and models
  • Style options that include customized finishes
  • Permit processing and project management
  • Introductions to lenders

A consultation and feasibility study should cost you nothing.

Property ManagerYou’ll also need a property manager in Santa Rosa to help you lease, manage, and maintain your ADU, especially if it’s located on a property where you have another rental. We’d be happy to tell you more about how the application and approval process works. We can also give you our thoughts on whether your property is an ideal fit for an ADU. Please contact us at Prestige Real Estate & Property Management. We manage homes in Sonoma County, including Santa Rosa, Windsor, Sebastopol, Petaluma, and Rohnert Park.