Dan J. Harkey

Master Educator | Business & Finance Consultant | Mentor

AB-463 (likely AB 462): Speeds Approvals for Coastal & Disaster Area ADUs

A complete length policy analysis for homeowners, local officials, lenders, and advocates (October 2025

by Dan J. Harkey

Share This Article

Summary:

The measure, described by the Governor’s office as “speeds approvals for coastal and disaster‑area ADUs,” is AB 462 (Lowenthal), which was enrolled on 24 September and included in the Governor’s housing package on October 10.  There is no enrolled AB 463 on this topic; what you’re seeking is almost certainly AB 462.

AB-462 significantly alters California’s ADU landscape, particularly in two high-friction contexts:

·       Coastal zone approvals — providing targeted relief from Coastal Development Permit (CDP) requirements for ADUs in Los Angeles County and in any county under a Governor-declared state of emergency on or after 1 February 2025; outside those areas, local governments need no public hearing when processing CDPs for ADUs.  The bill took effect immediately as an urgency statute, offering a sense of relief and support to homeowners and local officials.

·       Disaster recovery — aligning with executive actions taken after the LA/Ventura firestorms that suspended CEQA and Coastal Act permitting to accelerate rebuilding and temporarily expand shelter options; AB 462 codifies a durable path for ADU delivery amid future emergencies rather than relying solely on emergency orders. ,

The result is faster, more predictable ADU permitting, particularly in areas where bottlenecks have been most acute, while preserving the Coastal Act’s broader protections elsewhere.  AB-462’s alignment with ongoing statewide efforts to streamline processes and broader housing and environmental policies gives a sense of a comprehensive strategy, reassuring the audience of its place in the larger policy landscape.

Background: ADUs meet the Coastal Act (and disaster recovery)

ADUs are a central pillar of California’s housing strategy, with state Law requiring ministerial approvals under consolidated Government Code sections (§§ 66310–66342) and a widely used 60-day clock.  HCD’s 2025 ADU Handbook documents these rules, clarifies “66323 Units,” and flags coastal‑zone nuances where the Coastal Act still applies.

Inside the coastal zone, proposed ADUs typically need a CDP, processed under a local coastal program (LCP) or by the California Coastal Commission.  Recognizing persistent friction, SB 1077 (2024) directed the Commission, in coordination with HCD, to publish LCP guidance for ADUs/JADUs by 1 July 2026—a medium-term fix that AB 462 complements with near-term, targeted relief.

Disaster contexts add another layer.  Following the January 2025 LA firestorms, the Governor issued executive orders suspending CEQA and Coastal Act permitting to expedite rebuilding and explicitly called out ADUs as part of the housing response.  A subsequent order (N‑14‑25) reaffirmed that suspension and directed the Commission not to impede it—illustrating both the urgency and the uncertainty of relying solely on emergency powers.

What AB 462 does (as enacted)

1) CDP exemption in two circumstances

  • Los Angeles County: Construction of an ADU is exempt from the requirement to obtain a CDP.
  • Any county under a Governor‑declared state of emergency on/after 1 February 2025: ADU construction is likewise exempt from a CDP during the emergency.
  • The bill amends Government Code § 66329 and declares an urgency statute, effective immediately.

These exemptions directly address the two settings where the state determined delays were most acute: (i) LA County’s post-fire rebuilding and (ii) counties facing declared disasters—allowing compliant ADUs to move without the extra Coastal Act layer.  The Governor’s 10 October 2025 release characterizes the measure as one that “speeds approvals for coastal and disaster‑area ADUs.”

2) Streamlining elsewhere in the coastal zone

Outside of LA County and disaster-declared counties, AB 462 does not displace the Coastal Act.  Still, it removes the public hearing requirement for ADU CDP applications—reducing administrative friction while the Commission and localities work toward broader guidance under SB 1077.

3) Legislative intent and statewide concern

The bill’s findings frame housing scarcity and disaster response as statewide concerns that justify preemptive streamlining; the Legislature also found a special statute necessary for LA County, given the wildfire devastation.

How AB 462 fits with California’s broader streamlining push

The 2025–26 budget’s housing and infrastructure package (AB 130/SB 131) created sweeping CEQA streamlining for infill housing and related projects.  Legal analyses emphasize new exemptions and accelerated procedures, which are applicable statewide and take effect immediately.  AB 462 complements this framework by bridging a persistent gap at the coast and in declared disaster areas, where CDP timelines often hinder standard ADU streamlining.

At the same time, HCD’s 2025 Handbook continues to anchor the ministerial ADU regime and 60-day timing outside the coastal overlay, while SB 1077 aims to normalize coastal ADU procedures via guidance by mid-2026—a longer runway that AB 462 effectively shortens in targeted locations.  

Practical implications

For homeowners in LA County and disaster-declared counties.

  • No CDP for ADU construction (during the emergency in the latter case), eliminating a significant layer of review while all building, fire, floodplain, and utility standards still apply.
  • Faster paths for disaster recovery: ADUs can provide immediate on-site shelter during reconstruction, aligning with the Governor’s emergency orders that prioritize rapid housing solutions post-fire.

For coastal homeowners elsewhere

  • CDPs for ADUs still apply, but no public hearing is required—meaning a quicker, more administrative process while remaining under the protection of coastal resources.  Expect the Commission/HCD SB 1077 guidance by July 2026 to further clarify consistent, objective standards across LCPs. ,

For local governments

  • Workflow shifts: Planning departments in the coastal zone can calibrate to administrative (non-hearing) CDP processing for ADUs, freeing staff time and shortening queues; LA County and disaster‑area jurisdictions see one fewer permit in the stack.
  • Policy alignment: Jurisdictions should update public guidance to reflect AB 462, the budget streamlining (AB 130/SB 131), and HCD’s 2025 Handbook, and track the SB 1077 guidance timeline. 

What AB-462 does not do

  • It does not waive building, fire‑life‑safety, floodplain, or geotechnical requirements; it removes the coastal permit layer only where specified.  Ministerial approvals under ADU Law remain subject to objective standards and inspections.
  • It does not universally exempt all coastal ADUs from CDPs—only LA County and disaster-declared counties qualify for the exemption; elsewhere, CDPs still apply, but with no hearing requirement under AB 462.

Legal and policy context: Why this compromise?

Earlier committee analyses and support letters show the policy tension: removing coastal barriers to modest, homeowner-driven ADUs versus preserving the Coastal Act’s environmental safeguards.  The Assembly Housing Committee analysis described AB 462’s core aim: to minimize CDP friction for ADUs in Los Angeles and in emergency-affected counties.  At the same time, committee testimony from planners supported targeted relief to unlock near-term production.

The final text strikes a middle path: full CDP exemption is granted only where the Legislature deems that urgency and scale justify it (e.g., LA County, declared disaster counties); administrative processing (without a hearing) is permitted elsewhere.  This approach acknowledges executive-order precedents from January 2025, when the Governor temporarily suspended the Coastal Act/CEQA for post-fire rebuilding, yet codifies a predictable route that does not depend on emergency powers.

Implementation playbook

A. Homeowner/Builder checklist (coastal parcels)

·         Confirm location

1.        LA County? → CDP exemption for ADU applies (still meets all building and hazard standards).

2.        Other county under current state of emergency (post‑2/1/2025)? → CDP exemption during emergency for ADU.

3.        All other coastal parcels? → CDP still required, but no public hearing for the ADU application.

·         Leverage ministerial ADU rules

1.        Align submittals with HCD 2025 Handbook (e.g., qualifying “66323 Units,” height/parking rules, 60-day timing), then add any coastal resource documentation required by the local agency—even for administrative CDPs.

·         Disaster recovery strategy

1.        In declared emergency counties, use ADUs (detached preferred for fastest paths) to rehouse on‑site while primary structures are rebuilt—consistent with the state’s post-fire executive orders.  Coordinate with insurers and lenders on temporary occupancy and risk mitigation (debris removal, utilities, temporary power).

B. Local government SOP

  • Publish a one-page AB 462 coastal ADU guide distinguishing exempt vs. administrative CDP scenarios; remove CDP hearing calendars for ADU items; align completeness checklists with objective ADU standards from the HCD Handbook.
  • Coordinate with Coastal Commission staff on documentation expectations pending SB 1077 guidance (due 7/1/2026) to ensure consistency and avoid re‑work.
  • Track CEQA/streamlining synergies under AB 130/SB 131 for non-coastal aspects of the project (utilities, frontage, off-site work), and train counter staff to route questions appropriately.

Risks and open questions

  • Environmental oversight & coastal hazards.  Even with CDP relief, coastal parcels often face erosion, flooding, and wildfire WUI risks.  Jurisdictions should maintain objective hazard standards and require documentation to ensure ADUs remain resilient and code‑compliant—consistent with HCD guidance and CEQA streamlining guardrails in budget bills.
  • Administrative capacity.  Removing hearings helps, but intake backlogs and plan check bottlenecks can persist.  Cities should adopt pre-check plan sets, leverage digital permitting, and monitor 60-day timelines from state ADU laws.
  • Policy harmonization.  As SB 1077 guidance lands by July 2026, localities may need LCP amendments to lock in standardized coastal ADU procedures—reducing case-by-case negotiation and aligning with AB 462’s direction.

Metrics to watch (2026–2028)

  • Time to permit for coastal ADUs (LA County vs. other coastal counties).
  • Volume of ADU completions on coastal parcels and in declared emergency counties.
  • Use of ADUs in rebuild sequences (temporary vs. permanent occupancy) following disasters.
  • Consistency of administrative CDP documentation across jurisdictions before SB 1077 guidance. ,

Bottom line

AB 462 (the measure the Governor billed as “speeds approvals for coastal and disaster‑area ADUs”) removes the Coastal Act CDP hurdle for Los Angeles County and for counties under declared emergencies, while administratively streamlining ADU CDPs elsewhere in the coastal zone.  It aligns with the state’s broader CEQA modernization and ministerial ADU regime, providing near-term certainty where it’s needed most—on the coast and following disasters.  The policy’s success will hinge on clear local SOPs, early utility/hazard coordination, and forthcoming SB 1077 guidance to standardize coastal ADU practice statewide.

Sources