Design Now, Permit the Second After January 1, 2027: What Encino Owners Should Hire For Before AB 956 Becomes Law

Published:
September 10, 2026
Updated:
September 10, 2026
Author: 121 Design Build
Encino backyard with one detached ADU and reserved lawn space for a possible second pad

Quick answer: As of September 9-10, 2026 PT, AB-956 (Quirk-Silva, 2025-2026, Accessory dwelling units and junior accessory dwelling units) is Active Bill - Enrolled, at the Governor after enrollment on 09/01/26 and presentation on 09/04/26 at 4pm - not signed or chaptered yet. The Governors return deadline is about September 30, 2026 (Cal. Const. Art. IV Sec. 10(b)(2)). If enacted in 2026 as a non-urgency measure, it would take effect January 1, 2027. Until then, Encino (City of Los Angeles) still follows current Government Code Sec. 66323(a)(2): one detached new-construction ADU on a single-family lot (4 ft side/rear; local may cap 800 sf livable). Hire now for a site plan that is legal under todays one-detached rule, and that reserves setbacks, access, utilities, and open area for a possible second pad after January 1, 2027 if the law takes effect. Do not pour a second foundation as if you are entitled today. If vetoed, keep the one-detached plan.

An ADU is an attached or detached dwelling with independent living facilities on the same lot as a primary residence. A JADU is a smaller Article 3 unit within the primary dwelling or attached garage. Gov. Code Sec. 66323 lists statewide ministerial ADU/JADU paths. AB-956 (Quirk-Silva) would amend Civil Code Secs. 714.3 and 4751 and Gov. Code Sec. 66323: change Sec. 66323(a)(2) from one to two detached new-construction ADUs on an SF lot (same setbacks / optional 800 sf-per-unit local cap); add Sec. 66323(b) so local need not ministerially approve a JADU where two detached already built under (a)(2); update HOA language from zoned-for wording to to-allow wording SF residential use. Multifamily Sec. 66323(a)(4) caps unchanged. SB 1117 (750 sf fee cliff) is separate - not the Jan 2027 second-detached right. Encino is City of Los Angeles (LADBS / Planning). HCD handbook, LADBS IB 2026-150, and ZA Memo 143 still show current one-detached; no AB 956 guidance yet.

Key Takeaways

  • AB-956 status (Sep 9-10, 2026 PT): Active Bill - Enrolled; House Location Governor; enrolled 09/01/26; presented 09/04/26 at 4pm; not signed/chaptered. Return deadline ~Sep 30, 2026 (Art. IV Sec. 10(b)(2)). Non-urgency -> if enacted in 2026, effective Jan 1, 2027.
  • Todays law: Sec. 66323(a)(2) = one detached new-construction ADU on an SF lot (4 ft side/rear; local may cap 800 sf livable).
  • AB 956 change: one -> two detached new-construction ADUs on an SF lot (same setbacks / 800 sf-per-unit local option). New Sec. 66323(b): local not required to ministerially approve a JADU on a lot where two detached already built under (a)(2). HOA: zoned-for -> to-allow SF residential use. Multifamily Sec. 66323(a)(4) caps unchanged.
  • SB 1117 is separate (750 sf fee cliff) - do not conflate it as the Jan 2027 second-detached right.
  • HCD handbook / LADBS IB 2026-150 / ZA Memo 143 still show current one-detached; no AB 956 guidance yet.
  • Hire timing (this posts spine): design now under one-detached; reserve second pad; permit second after Jan 1, 2027 if law takes effect; do not pour second foundation today; if vetoed, keep one-detached plan.
  • Distinct from prior 121 AB 956 two detached and JADUs first AB 956 posts - this is hire timing, not a unit-count reprint. No invented fees or case studies.

What is AB-956s status as of September 9-10, 2026 PT?

LegInfo status for bill_id 202520260AB956 shows Active Bill - Enrolled, House Location Governor. It was enrolled 09/01/26 and presented to the Governor 09/04/26 at 4pm. It is not signed or chaptered. Under Article IV Sec. 10(b)(2), the Governors return deadline is about September 30, 2026. Because AB 956 is not an urgency statute, enactment in 2026 would make it effective January 1, 2027 - not the day after a signature.

What does current Sec. 66323(a)(2) allow on an Encino single-family lot?

Todays Government Code Sec. 66323(a)(2) requires ministerial approval of one detached new-construction ADU on a lot with a proposed or existing single-family dwelling, with side and rear setbacks of no more than four feet, and with a local option to impose a maximum of 800 square feet of livable space for that unit. Encino owners hire under City of LA windows (LADBS / Planning). Until AB 956 is chaptered and effective - and until HCD / LADBS / ZA guidance catch up - do not treat a second detached new-construction ADU as entitled under (a)(2).

What would AB 956 change - and what would it leave alone?

If signed and chaptered, AB 956 would change Sec. 66323(a)(2) from one to two detached new-construction ADUs on a single-family lot, keeping the same setback and optional 800 sf-per-unit local rules. It would add Sec. 66323(b): a local agency is not required to ministerially approve a JADU on a lot where two detached ADUs were already built under (a)(2). HOA Civil Code language would shift from zoning for single-family residential use to zoning to allow that use. Multifamily caps in Sec. 66323(a)(4) are unchanged by AB 956. SB 1117 may sit on the same desk but addresses a different dial (750 sf fee cliff) - it does not create the January 2027 second-detached count.

Why hire design now instead of waiting for January 1, 2027?

Waiting until after January 1, 2027 to start site planning can waste the months when a one-detached plan can still be filed under current law while AB 956s fate is known. The hire that fits this window: open a site plan that is legal under todays one-detached rule; reserve setbacks, access, utilities, and open area so a second pad can be added after January 1, 2027 if the law takes effect; do not pour a second foundation or sell a two-detached entitlement as if it exists today. If the Governor vetoes, you still have a one-detached buildable plan - not a stranded second pad.

Design-build versus architect-now, contractor-later on a maybe-second pad

Architect-now / contractor-later is how owners get a schematic that assumes two detached pads are already entitled, then meet a contractor who first opens LegInfo after retainers clear. Design-build hire gate: confirm SF lot and Sec. 66323(a)(2) one-detached under current law; reserve room for a possible second pad after Jan 1, 2027 if AB 956 is enacted; keep JADU/multifamily assumptions separate; do not conflate SB 1117s 750 sf cliff with a second-unit right. One file should tie LegInfo status, site reserves, and LADBS submittal to the same calendar.

How can 121 Design Build help Encino owners who want to design now and permit a second after January 1, 2027?

121 Design Build is an Encino design-build firm. We will not take a retainer to permit two detached ADUs today under AB 956 while the bill is still enrolled and not chaptered. For owners who want a hire that is legal under current Sec. 66323(a)(2) and that reserves a growth path if AB 956 becomes law on January 1, 2027, our ADU and JADU diligence habits apply: one file for todays one-detached entitlement, reserved second pad, and a calendar that waits for chaptered law before pouring a second foundation.

We have not published fees or case studies for this path, and will not invent them. 121 Design Build Inc., 17801 Ventura Blvd, 2nd floor, Encino, CA 91316. Call (424) 600-1100 or (424) 600-2100, email info@121designbuild.com, or visit https://www.121designbuild.com/. To review an Encino one-detached plan with a reserved second pad for after Jan 1, 2027, contact 121 Design Build or call (424) 600-2100. Bring the address, any two detached already law flyer, and the LegInfo status page.

Frequently Asked Questions

Is AB 956 already law for a second detached ADU on an Encino lot?

No. As of Sep 9-10, 2026 PT it is enrolled and with the Governor - not signed or chaptered. Current Sec. 66323(a)(2) still allows one detached new-construction ADU.

If AB 956 is signed in September 2026, when would two detached ADUs be effective?

Non-urgency -> January 1, 2027 if enacted in 2026. Do not treat signature day as the entitlement day.

What should I hire for now?

A site plan legal under todays one-detached rule that reserves setbacks, access, utilities, and open area for a possible second pad after Jan 1, 2027 if the law takes effect.

Can I pour a second foundation now to get ahead?

No. Do not pour a second foundation as if entitled today. If vetoed, keep the one-detached plan.

Does AB 956 change multifamily ADU caps?

No. Sec. 66323(a)(4) multifamily caps are unchanged by AB 956.

Is SB 1117 the same as the January 2027 second-unit right?

No. SB 1117 is a separate 750 sf fee-cliff measure. Do not conflate it with AB 956s one->two detached change.

Do HCD, LADBS IB 2026-150, or ZA Memo 143 already implement AB 956?

No. They still reflect current one-detached rules. No AB 956 guidance yet.

Is Encino under County Building and Safety for this path?

No. Encino is City of Los Angeles - LADBS and City Planning.

Has 121 published fees or case studies for this hire-timing path?

No. We will not invent them.

Is this legal advice?

No. General information from a design-build/permitting perspective. Confirm LegInfo, HCD, LADBS, and City Planning on the specific address.

Sources

This article is general information from a design-build and permitting perspective and is not legal, tax, or investment advice. Confirm live statutes on LegInfo and permit path with LADBS and City Planning on the specific address. Research date September 9-10, 2026 PT. AB-956 (Quirk-Silva, 2025-2026) amends Civil Code 714.3, 4751 and Gov. Code Sec. 66323; status Active Bill - Enrolled / Governor; enrolled 09/01/26; presented 09/04/26 4pm; not signed/chaptered; return deadline ~Sep 30, 2026 (Art. IV Sec. 10(b)(2)); non-urgency -> if enacted 2026, effective Jan 1, 2027. Current Sec. 66323(a)(2)=one detached new-construction ADU on SF lot (4 ft side/rear; local may cap 800 sf). AB 956: one->two; new Sec. 66323(b) JADU not required where two detached already built under (a)(2); HOA for->to allow; multifamily (a)(4) unchanged. SB 1117 separate (750 sf fee cliff) - not the Jan 2027 second-unit right. HCD / LADBS IB 2026-150 / ZA Memo 143 still current one-detached. Encino=City of LA. Hire: design now under one; reserve second pad; permit second after Jan 1, 2027 if law; do not pour second foundation today; if vetoed keep one-detached. Distinct from prior 121 AB 956 unit-count posts. 121 has not published fees or case studies for this path.

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