How to Legalize Your ADU  

Step 1:  Contact Us
Step 2:  Site Visit - Optional
Step 3:   Plan Submittal and Fees
Step 4:   Inspections
  1. Contact Us. Have questions about legalizing your unit? Email property address to Nancy Concepcion or call Nancy at (831) 420-5112 to review your property, the legalization process, and typical timeframe. A meeting can be scheduled to review any documentation you have. It is recommended that you obtain a copy of the “Residential Building Records” at the County Assessor’s office at 701 Ocean Street prior to the meeting (see Legalization Documents for form). 
  2. Site Inspections – Optional. Only for units built before January 1, 2020 and 5 Year Code Delay requested. Complete Checklist.

    In the Notice of Corrections/ Determination Notice/ Notice of Violation of an Unpermitted Dwelling Unit, AND if the unpermitted accessory dwelling unit was built before January 1, 2020, per State Law, you may apply for a five year stay of enforcement. The Property Owner is required to complete the Checklist (LINK) and pay FEES for an Inspection (range $75 - $250 per inspection). There may be supplemental reports required to be prepared by a structural engineer, a licensed plumber or electrician to verify the unpermitted unit’s safety. Also, evidence to confirm facts and substantiate statement of an item on the checklist may be required.

    NOTE: In cases where it is determined that there is a health and safety concern, the stay will not be granted. 

  3. Plan Submittal and Fees. You will need to find a design professional to prepare plans. Plan specifications and submittal details are on the City website (LINK) under Applying for a Building Permit.  A yearly inspection while going thru the process to legalize the unit to verify no health and safety concerns that are discernable is required. NOTE: This yearly inspection does not legalize the unpermitted unit; only plans and final of a building permit will. In general, the legalization of the unpermitted unit is typically completed within a year of the submittal. 
  4. Inspections. Once your building permit has been issued, timely inspections will be expected. Compliance Assessments will be done. NOTE: As an unpermitted unit the City of Santa Cruz has the ability to issue and charge for Compliance Assessment. (see Fee Schedule)

         legalization

 

How Recent Changes in the ADU Ordinance Make Legalization Possible

Recent changes in our ADU Ordinance (24.16.100), addressed items that prevented people from legalizing their ADUs. Reduced costs, and changes to things like parking requirements, setbacks, building heights, lot size, and whether the ADU was owner-occupied or not made legalization impossible for some. The Understanding 2014, 2015, and 2017 Changes to ADU Ordinance  document summarizes these changes that turn keeping an ADU a reality.

 

Obtaining Copies of Your Records

In preparation for meeting with us about your ADU, there are two places you can obtain records about your property.

  • County of Santa Cruz Assessor: Residential Building records that describes the buildings on your property. You can submit your request to the County using the Authorization to Access Confidential Files form
  • City of Santa Cruz Planning & Community Development: Permit history information. Submit your request for information online using our Public Information Request form. 

 

General questions and information about ADUs: 

Have questions about legalizing your ADU or if your ADU is legal?

Have questions about building codes and what applies to your existing or new ADU or permit?

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