CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY

DEVELOPMENT

ACCESSORY DWELLING UNIT

HANDBOOK
January 2025
Table of Contents
ADUs in California ............................................................................................................................. 4
The California Department of Housing and Community Development .......................................... 6
Glossary ............................................................................................................................................. 8
Summary of Recent Changes to ADU Law..................................................................................... 13
Frequently Asked Questions........................................................................................................... 18
66323 Units .................................................................................................................................. 18
ADUs ........................................................................................................................................... 21
Bedrooms..................................................................................................................................... 21
Building Code Violations .............................................................................................................. 21
Coastal Commission .................................................................................................................... 21
Deed Restrictions ......................................................................................................................... 22
Fees ............................................................................................................................................. 22
Fire Protection and Fire Sprinkler Requirements ............................................................................ 23
Funding ........................................................................................................................................ 24
Height Requirements .................................................................................................................... 25
Homeowners Associations (HOAs) .............................................................................................. 26
Housing Elements and Prohousing Designation ........................................................................... 27
JADUs .......................................................................................................................................... 28
Local ADU Ordinances and Local Agencies ................................................................................. 30
Manufactured Homes ................................................................................................................... 31
Mobilehome Parks ....................................................................................................................... 32
Multifamily ADUs .......................................................................................................................... 32
Nonconforming Zoning ................................................................................................................. 33
Owner-Occupancy ....................................................................................................................... 34
Parking Requirements .................................................................................................................. 34
Permit Applications and Permitting Agencies ............................................................................... 35
Rental Terms ............................................................................................................................... 37
Sales and Separate Conveyance ................................................................................................. 37
Senate Bill 9 (SB 9) (Chapter 162, Statutes of 2021).................................................................... 37
Setbacks ...................................................................................................................................... 38
Size Requirements and Restrictions............................................................................................. 39
Solar Requirements ..................................................................................................................... 40
Tiny Homes .................................................................................................................................. 40
Types of ADUs ............................................................................................................................. 41

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 Unpermitted Structures and ADUs ............................................................................................... 42
Utilities ......................................................................................................................................... 43
Zoning, Development, and Other Standards ................................................................................ 43
Resources ........................................................................................................................................ 46
Changes to State ADU Laws ........................................................................................................ 46
AB 2533 ................................................................................................................................. 46
SB 1211 ................................................................................................................................. 47
SB 477 ................................................................................................................................... 47
AB 976 and AB 1033 .............................................................................................................. 48
AB 1332 ................................................................................................................................. 49
AB 434 ................................................................................................................................... 49
AB 345 ................................................................................................................................... 49
AB 3182 ................................................................................................................................. 50
AB 68, AB 881, and SB 13 ..................................................................................................... 50
AB 587, AB 670, and AB 671 ................................................................................................. 51
Summary Table of Statutory Changes .......................................................................................... 53

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 ADUs in California
Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs) are innovative
and effective options for adding much needed housing in California. Since 2016, State ADU
Laws have continued to evolve to further lower barriers to the development of more affordable
housing as the Legislature works to address the housing crisis across the state. As these laws
change, HCD’s goal is to ensure consistency and clarity in the application of these laws
through education, technical assistance, and enforcement. 1

Benefits of ADUs
ADUs provide a wide range of benefits, including:

• ADUs are an affordable type of home to construct in California because they do not
require paying for land, major new infrastructure, structured parking, or elevators.
• ADUs can provide a source of income for homeowners.
• ADUs are often built with cost-effective wood frame construction, which is
significantly less costly than homes in new multifamily infill buildings.
• ADUs allow extended families to be near one another while maintaining privacy.
• ADUs can provide as much living space as many newly built apartments and
condominiums, and they’re suited well for individuals, couples, small families, friends,
young people, and older adults.
• ADUs give homeowners the flexibility to share independent living areas with family
members and others, allowing older adults to age in place.

Indeed, Californians are increasingly recognizing the benefits of ADUs, and ADUs are making
a difference. Between 2016-2023, the number of ADUs permitted annually in the state grew
from 1,336 to 26,924, a 20-fold increase. In 2023, ADUs comprised more than 21 percent of all
homes permitted statewide.

ADUs as an Infill Development Strategy

ADUs are, by definition, created in areas that are already developed but where land may be
underutilized. Moreover, restrictions on parking requirements for ADUs that are located near
transit create further incentives to build ADUs, particularly in places that provide easy access
to jobs and other amenities, further reducing reliance on vehicles.

As a result, ADU construction is a key infill development strategy that contributes to, among
other things, reducing greenhouse gas emissions and improving air quality by reducing the
distance people need to travel; reducing conversion of agricultural land, sensitive habitat, and
open space for new development; reducing costs to build and maintain expensive
infrastructure; and facilitating healthy and environmentally friendly active transportation.

1 This updated ADU Handbook references the law as amended by recent legislation that goes
into effect on January 1, 2025.

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In light of changing laws around ADUs and the growing importance of this housing type, HCD
has updated this ADU Handbook and continues to be committed to facilitating housing
production at all income levels.

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 The California Department of Housing and
Community Development
With the vision that one day, every California resident can live, work, and play in healthy
communities of opportunity, it is the mission of HCD to provide safe, affordable homes and
vibrant, inclusive, sustainable communities for all Californians. HCD accomplishes this by
increasing and preserving the supply of affordable places to live in California and by creating
effective solutions to the housing crisis through policy and research.

Housing Accountability Unit

California’s housing crisis has reached historic proportions despite the passage of numerous
laws intended to increase the supply of housing affordable to Californians at all income levels.
As part of the 2021-2022 state budget, HCD received additional staff to grow its accountability
efforts and formed the Housing Accountability Unit (HAU). While education and technical
assistance are always the first step in HCD’s accountability efforts, the HAU holds jurisdictions
accountable for meeting their housing element commitments and complying with state housing
laws. Violations of state housing laws, including State ADU Law, may lead to consequences,
including revocation of housing element certification and referral to the California Office of the
Attorney General.

Technical Assistance
There may be uncertainty, or a need for education at the local level about how to comply
with state law, especially as state laws evolve. HCD provides technical assistance to
property owners and developers who are seeking to create ADUs, as well as to advocates,
local agencies, and other interested parties.

Any questions regarding the application of State ADU Law may be submitted to HCD via
the online ADU Portal. Please provide as much detail as possible in the online form. HCD
may request additional information, including, but not limited to denials and
communications from the local agency.

Local agencies seeking assistance or submitting an ADU ordinance to HCD, must also use
the online portal.

For those experiencing technical issues with the ADU Portal, please email:
[email protected].

Questions beyond what this Handbook provides are encouraged to contact their local
permitting agency (e.g., city or county) or private attorney.

Enforcement of State ADU Law

Since 2016, HCD has had statutory authority to review local agencies’ ADU ordinances,
and as of January 1, 2024, HCD also has the authority to enforce all State ADU Laws.
HCD’s ADU team reviews local ordinances for compliance with State ADU Law and sends

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findings letters and, when necessary, may escalate its enforcement. To ensure
consistency, the HAU works closely with other HCD divisions.

The ADU team is committed to supporting the public, local agencies, and partner agencies
with understanding and complying with State ADU Law.

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Glossary
66323 Units
One of the four delineated types of ADUs (and JADUs) that must be permitted pursuant to
Government Code section 66323. Source: Government Code section 66323

Accessory Dwelling Unit (ADU)

An attached or a detached residential dwelling unit that provides complete, independent
living facilities for one or more persons, and is located on a lot with a proposed or existing
primary residence. It shall include permanent provisions for living, sleeping, eating, cooking,
and sanitation on the same parcel as the single-family or multifamily dwelling is, or will be,
situated.
An ADU also includes the following:
(A) An efficiency unit.
(B) A manufactured home, as defined in Section 18007 of the Health and Safety Code.
Source: Government Code section 66313, subdivision (a)

Accessory Structure
A structure that is accessory and incidental to a dwelling located on the same lot. Source:
Government Code section 66313, subdivision (b)

Applicant
The person or party responsible for the submittal of an application seeking a permit.

Application
A formal request to perform work, which includes all information as required.

Certificate of Occupancy
A document issued by local California Building and Safety departments which certifies that a
commercial space or newly constructed residential building has been inspected for compliance
with the California Building Standards Code and local ordinances which govern construction
and occupancy. Source: 2022 California Residential Code section R110

Common Interest Development

Any of the following:
(a) A community apartment project.
(b) A condominium project.
(c) A planned development.
(d) A stock cooperative.
Source: Civil Code section 4100

Covenants, Conditions, and Restrictions (CC&Rs)

A set of rules governing the use of a certain piece of real estate in each community.
“Governing documents” includes declarations, bylaws, operating rules, articles of
incorporation, or articles of association, which govern the operation of the common interest

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development or association. Source: Civil Code section 4150

Efficiency Dwelling Unit

A dwelling unit which contains a minimum of 150 square feet in living space, a separate
closet, kitchen sink, cooking appliance, refrigerator, and a separate bathroom containing a
water closet, lavatory, bathtub, or shower. Source: Government Code section 66313,
subdivision (a)(1); California Building Code section 1208.4

Habitable Space
A space in a building for living, sleeping, eating, or cooking. Bathrooms, toilet rooms,
closets, halls, storage or utility spaces and similar areas are not considered habitable
spaces. Source: 2022 California Building Code section 202

High Quality Transit Corridor

A corridor with fixed route bus service with service intervals no longer than 15 minutes
during peak commute hours. Source: Public Resources Code section 21155, subdivision
(b)

Impact Fee
“Impact fee” has the same meaning as the term “fee” as defined in subdivision (b) of Section
66000, and includes the fees specified in Section 66477. “Impact fee” does not include any
connection fee or capacity charge charged by a local agency, special district, or water
corporation. Source: Government Code section 66324, subdivision (c)(2)

Junior Accessory Dwelling Unit (JADU)

A unit that is no more than 500 square feet in size and contained entirely within a single-
family residence. A JADU may include separate sanitation facilities or may share sanitation
facilities with the existing structure. Source: Government Code section 66313, subdivision
(d)

Livable Space
A space in a dwelling intended for human habitation, including living, sleeping, eating,
cooking, or sanitation. Source: Government Code section 66313, subdivision (e)

Living Area
The interior habitable area of a dwelling unit, including basements and attics, but does not
include a garage or any accessory structure. Source: Government Code section 66313,
subdivision (f)

Local Agency
A city, county, or city and county, whether general law or chartered. Source: Government
Code section 66313, subdivision (g)

Major Transit Stop

A site containing any of the following:
(a) An existing rail or bus rapid transit station.

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 (b) A ferry terminal served by either a bus or rail transit service.
(c) The intersection of two or more major bus routes with a frequency of service interval
of 15 minutes or less during the morning and afternoon peak commute periods.
Source: Public Resources Code section 21064.3

Manufactured Home
A structure that was constructed on or after June 15, 1976, is transportable in one or more
sections, is eight body feet or more in width, or 40 body feet or more in length, in the
traveling mode, or, when erected on site, is 320 or more square feet, is built on a permanent
chassis and designed to be used as a single-family dwelling with or without a foundation
when connected to the required utilities, and includes the plumbing, heating, air
conditioning, and electrical systems contained therein. Source: Health and Safety Code
section 18007, subdivision (a)

Ministerial Approval
Considered and approved without discretionary review or a hearing. Source: Government
Code section 66317, subdivision (a)

Multifamily Dwelling
For the purposes of State ADU Law, a structure with two or more attached dwellings on a
single lot is considered a multifamily dwelling. Multiple detached single-family dwellings on the
same lot are not considered multifamily dwellings for the purposes of State ADU Law.

Nonconforming Zoning Condition

A physical improvement on a property that does not conform with current zoning standards.
Source: Government Code section 66313, subdivision (h)

Objective Standards
Standards that involve no personal or subjective judgment by a public official and are
uniformly verifiable by reference to an external and uniform benchmark or criterion available
and knowable by both the applicant or proponent and the public official prior to submittal.
Source: Government Code section 66313, subdivision (i)

Passageway
A pathway that is unobstructed, clear to the sky, and extends from a street to one entrance
of the ADU. Source: Government Code section 66313, subdivision (j)

Permitting Agency
Any entity that is involved in the review of a permit for an ADU or JADU, and for which there
is no substitute, including, but not limited to, applicable planning departments, building
departments, utilities, and special districts. Source: Government Code section 66313,
subdivision (k)

Planned Development
A real property development other than a community apartment project, a condominium
project, or a stock cooperative, having either or both of the following features:

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 (a) Common area that is owned either by an association or in common by the owners
of the separate interests who possess appurtenant rights to the beneficial use and
enjoyment of the common area.
(b) Common area and an association that maintains the common area with the power
to levy assessments that may become a lien upon the separate interests in
accordance with Article 2 (commencing with Section 5650) of Chapter 8.
Source: Civil Code section 4175

Proposed Dwelling
A dwelling that is the subject of a permit application and meets the requirements for
permitting. Source: Government Code section 66313, subdivision (l)

Public Transit
A location, including, but not limited to, a bus stop or train station, where the public may
access buses, trains, subways, and other forms of transportation that charge set fares, run
on fixed routes, and are available to the public. Source: Government Code section 66313,
subdivision (m)

Qualified Buyer
Persons and families of low or moderate income, as defined in Section 50093 of the Health
and Safety Code. Source: Government Code section 66340, subdivision (a); Health and
Safety Code section 50093

Qualified Nonprofit Corporation

A nonprofit corporation organized pursuant to Section 501(c)(3) of the Internal Revenue
Code that has received a welfare exemption under Section 214.15 of the Revenue and
Taxation Code for properties intended to be sold to low-income families who participate in a
special no-interest loan program. Source: Government Code section 66340, subdivision (b)

Reasonable Restrictions
Restrictions that do not unreasonably increase the cost to construct, effectively prohibit the
construction of, or extinguish the ability to otherwise construct, an ADU or JADU. Source:
Civil Code section 4751, subdivision (b), and Civil Code section 714.3, subdivision (b)

Single-Family Dwelling
For the purposes of State ADU Law, a single-family dwelling is a single unit providing
complete, independent living facilities for one family, including permanent provisions for living,
sleeping, eating, cooking, and sanitation, and existing as a separate interest of real property,
such as a detached single-family dwelling or a townhouse.

Substandard Building
Any building or portion thereof, or premises on which the building is located, in which there
exists any of a long list of conditions that endanger the life, limb, health, property, safety, or
welfare of the public or occupants thereof. Source: Health and Safety Code section
17920.3

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Tandem Parking
Two or more automobiles that are parked on a driveway or in any other location on a lot,
lined up behind one another. Source: Government Code section 66313, subdivision (n)

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 Summary of Recent Changes to ADU Law
In Government Code section 66310,
subdivision (d), the California Legislature
declared that allowing ADUs in zones
that allow single-family and multifamily
uses provides additional rental housing
and is an essential component in
addressing California’s housing needs.
Over the years, State ADU Law has been
revised to improve its effectiveness in
creating more housing units. Major
changes to State ADU Law, effective
January 1, 2023, January 1, 2024, and
January 1, 2025, further reduced barriers
to the development of ADUs and JADUs.
Within this context, HCD developed –
and continues to update – this Handbook to assist local governments, homeowners,
attorneys, architects, and the public in understanding and applying the requirements of
state law. Below is a summary of recent legislation that amended State ADU Law.

Please visit https://leginfo.legislature.ca.gov for the complete statutory changes.

All local permitting agencies and interested parties should review the amendments to
California law, effective January 1, 2023, 2024, and 2025, regarding the creation of ADUs and
JADUs.

2022 legislation includes the following changes to State ADU Law (effective January 1, 2023):

Assembly Bill (AB) 2221 (Chapter 650, Statutes of 2022, Section 1) and Senate Bill (SB) 897
(Chapter 664, Statutes of 2022, Sections 2.5, 4, 5, and 6) built upon recent changes to State
ADU and JADU Law and further addressed barriers to the development of ADUs and JADUs.
Due to SB 897 being chaptered after AB 2221, section 2.5 of SB 897 incorporated
amendments to ADU Law proposed by both SB 897 and AB 2221.

• Objective Standards. Requires local agencies to only impose objective standards on

ADUs, which “involve no personal or subjective judgment by a public official and are
uniformly verifiable by reference to an external and uniform benchmark or criterion
available and knowable by both the development applicant or proponent and the public
official prior to submittal” of an ADU permit application. (Gov. Code, § 66313, subd. (i). See
also Gov. Code, §§ 66314, subd. (b)(1); 66323, subd. (g).)

• Detached Garages. Allows ADUs detached from the proposed or existing primary
dwelling, including in detached garages (Gov. Code, § 66314, subd. (d)(3)).

• Occupancy Change. Provides that the construction of an ADU does not constitute a

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 Group R occupancy change under the local building code, unless the local agency makes a
written finding based on substantial evidence in the record that the construction of the ADU
could have a specific, adverse impact on public health and safety (Gov. Code, § 66314,
subd. (d)(8)).

• Fire Sprinklers. Precludes ADU construction from triggering a requirement that fire
sprinklers be installed in the existing primary dwelling (Gov. Code, § 66314, subd. (d)(12)).

• Permitting Process. Requires a permitting agency to either approve or deny (replacing the
former language “act on”) an application to create or serve an ADU or JADU within 60 days
from when a completed application is received, if there is an existing single-family or
multifamily dwelling on the lot (Gov. Code, §§ 66317, subd. (a); 66320, subd. (a); 66335,
subd. (a)(2)).

• Concurrent Permitting. Clarifies that permitting agencies may concurrently approve or

deny a proposed ADU and new single-family or multifamily dwelling when submitted
simultaneously for permitting. The application for the ADU shall be considered without
discretionary review or hearing. Clarifies that permitting agencies may concurrently approve
or deny a proposed JADU and new single-family dwelling when submitted simultaneously
for permitting. (Gov. Code, §§ 66317, subd. (a); 66320, subd. (a); 66335, subd. (a)(3).)

• Permitting Agency Denials. Obligates a permitting agency, when it denies an ADU or

JADU application, to “return in writing a full set of comments to the applicant with a list of
items that are defective or deficient and a description of how the application can be
remedied by the applicant” within 60 days from when a completed application is received.
(Gov. Code, §§ 66317, subd. (b); 66320, subd. (b); 66335, subd. (b).)

• Demolition Permits. Adds a requirement for a local agency to review and issue a
demolition permit for “a detached garage that is to be replaced with an ADU” at the same
time it reviews, and issues permits for, the ADU construction. (Gov. Code, § 66314, subd.
(e).) Also prohibits permitting agencies requiring applicants to “provide written notice or
post a placard for the demolition of a detached garage ... unless the property is located
within an architecturally and historically significant district.” (Gov. Code, § 66314, subd. (f).)

• Zoning & Setbacks. Prohibits a local agency from requiring “a zoning clearance or
separate zoning review or any other minimum or maximum size for an accessory dwelling
unit, size based upon a percentage of the proposed or existing primary dwelling, or limits
on lot coverage, floor area ratio, open space, front setbacks, and minimum lot size, for
either attached or detached dwellings that does not permit at least an 800 square foot
accessory dwelling unit with four-foot side and rear yard setbacks to be constructed in
compliance with all other local development standards.” (Gov. Code, § 66321, subd. (b)(3).)

• Detached ADU Height Limitations. Establishes a base height limitation of 16 feet for
detached ADUs (Gov. Code, § 66321, subd. (b)(4)(A)). Increases the maximum height
limitation on a detached ADU to 18 feet if the ADU is “either within a half-mile walking
distance of a major transit stop or a high-quality transit corridor” and provides for an

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 additional two feet for roof pitch to align with the roof pitch of the primary dwelling unit.”
(Gov. Code, §§ 66321, subd. (b)(4)(B); 66323, subd. (a)(2)(B).) Increases the height to 18
feet for a detached ADU that is “on a lot with an existing or proposed multifamily, multistory
dwelling.” (Gov. Code, § 66321, subd. (b)(4)(B).)

• Attached ADU Height Limitations. Establishes the maximum height limitation that may be
imposed by a local agency on an attached ADU to 25 feet, or the existing primary dwelling
height limit if lower than 25 feet. Does not require a local agency to allow an ADU to exceed
two stories (Gov. Code, § 66321, subd. (b)(4)(D)).

• Parking Standards. Prohibits local agencies from imposing parking in a number of specific
circumstances (Gov. Code, § 66322, subd. (a)).

• Zoning Nonconformance & Building Code Violations. Prohibits local agencies from
denying an ADU permit due to the correction of “nonconforming zoning conditions, building
code violations, or unpermitted structures that do not present a threat to public health and
safety and are not affected by the construction of the accessory dwelling unit.” (Gov. Code,
§ 66322, subd. (b).) The prohibition was also added to Government Code section 66336 to
apply to JADUs.

• Multifamily Dwellings. Prohibits a permitting agency from requiring “any modification of

the existing multifamily dwelling as a condition of approving the application to construct an
accessory dwelling unit” if the existing multifamily dwelling has “a rear or side setback of
less than four feet...” (Gov. Code, § 66323, subd. (a)(4)(B)).

• Permitting Agency Definition. Adds definition of a permitting agency as “any entity that is
involved in the review of a permit for an accessory dwelling unit or junior accessory
dwelling unit and for which there is no substitute, including, but not limited to, applicable
planning departments, building departments, utilities, and special districts.” (Gov. Code, §
66313, subd. (k).)

• Unpermitted ADUs. Precludes a local agency from denying a permit for an unpermitted
ADU that was constructed before January 1, 2018, because the ADU violates building
standards or because the ADU does not comply with State ADU Law or a local ordinance.
(Gov. Code, § 66332, subd. (a).) This prohibition does not apply if the local agency makes
a finding that “correcting the violation is necessary to protect the health and safety of the
public or occupants of the structure” (Gov. Code, § 66332, subd. (b)) or to a building that is
deemed substandard pursuant to Health and Safety Code section 17920.3 (Gov. Code, §
66332, subd. (c)).

• Enclosed Uses. Considers enclosed uses within the residence, such as attached garages,
to be “a part of the proposed or existing single-family residence” for the purposes of JADUs
(Gov. Code, § 66333, subd. (d)).

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• JADU Separate Entrance. Requires a JADU without a separate bathroom to “include a
separate entrance from the main entrance to the proposed JADU, with an interior entry to
the main living area.” (Gov. Code, § 66333, subd. (e)(2).)

2023 legislation includes the following changes to State ADU Law (effective January 1, 2024):

AB 976 (Chapter 751, Statutes of 2023) and AB 1033 (Chapter 752, Statutes of 2023) made
changes to State ADU Law. AB 1332 (Chapter 759, Statutes of 2023) added Government
Code section 65852.27 to expedite the approval of ADUs. AB 434 (Chapter 740, Statutes of
2023) modified Government Code section 65585 to require enforcement of State ADU Law,
ADU amnesty laws, and lot split / duplex laws, among others.

• Owner Occupancy. Removes the existing 2025 sunset of the prohibition on owner-
occupancy requirements and instead mandates no owner-occupancy requirement for ADUs
(Gov. Code, § 66315). Authorizes a local agency to adopt a local ordinance to allow the
separate conveyance of the primary dwelling unit and ADU(s) as condominiums (Gov.
Code, § 66342).

• Pre-Approved ADU Plans. Requires the local agency to develop a program for the
preapproval of ADU plans by January 1, 2025. The local agency shall accept ADU plan
submissions for preapproval from any party and shall approve or deny applications
pursuant to standards established in Government Code sections 66314-66332. The local
agency shall post preapproved ADU plans and the contact information of the applicant on
the local agency’s website. The local agency may also post plans pre-approved by other
local or state agencies. (Gov. Code, § 65852.27.)

• Enforcement Authority. Amends Government Code section 65585, subdivision (j), by

adding to the list of laws about which HCD is authorized to notify a local jurisdiction or the
Attorney General when the local jurisdiction fails to comply with those laws, including
Chapter 13 (commencing with Section 66310) and Government Code sections 65852.21,
65852.24, 65852.28, 65913.4.5, and 66411.7, among others.

2024 legislation includes the following changes to State ADU Law (effective March 27, 2024,
and January 1, 2025):

SB 477 (Chapter 7, Statutes of 2024) made changes to the numbering of the government code
sections related to ADU and JADU Law. AB 2533 (Chapter 834, Statutes of 2024) and SB
1211 (Chapter 296, Statutes of 2024) made changes to State ADU Law.

• Updated Government Code Sections. Government Code sections related to ADU and
JADU law were updated from 65852.2, 65852.22, 65852.23, and 65852.26 to Government
Code sections 66310-66342.

• Unpermitted ADUs and JADUs. Changes the date from January 1, 2018, to January 1,
2020, such that a local agency is precluded from denying a permit for an unpermitted ADU
that was constructed before January 1, 2020, because the ADU violates building standards

16
 or because the ADU does not comply with State ADU Law or a local ordinance. (Gov.
Code, § 66332, subd. (a).) A local agency shall inform the public about the provisions of
this section through public information resources, including permit checklists and the local
agency’s internet website, which shall include both of the following: (1) a checklist of the
conditions specified in Section 17920.3 of the Health and Safety Code that would deem a
building substandard, and (2) information that, before applying for a permit, the homeowner
may obtain a confidential third-party code inspection from a licensed contractor to
determine the unit’s existing condition or potential scope of building improvements before
applying for a permit. (Gov. Code, § 66332, subd. (d)(1), (d)(2).)

• Objective Standards. Prohibits a local agency from imposing any objective development
standards on 66323 Units that are not authorized by the provisions of Government Code
section 66323, subdivision (a).

• Livable Space. Defines “livable space” as a space in a dwelling intended for human
habitation, as the term appears in Government Code sections 66313, subdivision (e), and
66323, subdivision (a)(3)(A).

• Uncovered Parking. Specifies that uncovered, off-street parking spaces demolished in

conjunction with the construction of an ADU do not need to be replaced.

• Detached ADUs. Authorizes up to eight detached ADUs on a lot with an existing

multifamily dwelling, provided that the number of ADUs does not exceed the number of
existing units on the lot.

For additional summaries of ADU legislation, please see the Resources section.

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 Frequently Asked Questions
66323 Units
What are “66323 Units”?
HCD uses the term “66323 Units” to refer to ADUs and JADUs that are created pursuant to
Government Code section 66323. They have also been referred to as “State mandated” or
“State exempt” ADUs. Government Code section 66323 creates four categories of ADUs (and
JADUs) that must be approved ministerially and are not subject to standards set forth in
Government Code sections 66314-66322. For example, 66323 Units do not have to comply
with lot coverage, front setbacks, and design standards. However, these ADUs must comply
with building code and health and safety requirements for dwellings. The four categories are:

1. Single-Family Converted ADUs and JADUs

One ADU per lot is permitted within the converted space of a proposed or existing
single-family dwelling or accessory structure. This type of ADU must have exterior
access and setbacks for fire and safety but is not subject to a four-foot side and rear
yard setback. (Gov. Code, § 66323, subd. (a)(1).)

ADUs converted from accessory structures are eligible for a 150 square-foot expansion
to accommodate ingress and egress. For example, if a second story from a single-
family dwelling is converted into an ADU, a stairwell of not more than 150 square feet
could be added, among other types of ingress and egress configurations that comply
with the local building code. (Gov. Code, § 66323, subd. (a)(1)(A).)

In addition, one JADU per lot is permitted within the proposed or existing space of a
single-family dwelling or accessory structure and must have exterior access, side and
rear setbacks for fire and safety. (Gov. Code, § 66323, subd. (a)(1).) JADUs must also
comply with the provisions of JADU Law found in Government Code sections 66333-
66339. For the purposes of constructing a JADU, attached garages are part of a single-
family dwelling. (Gov. Code, § 66333, subd. (d).)

For more information, please see the Handbook section on JADUs.

2. Single-Family Detached ADUs

One detached new construction ADU that does not exceed four-foot side and rear yard
setbacks is permitted on lots with an existing or proposed single-family dwelling (Gov.
Code, § 66323, subd. (a)(2)). The maximum unit size is 800 square feet with a height
limitation of 16, 18, or 20 feet depending on conditions specified in Government Code
section 66321, subdivision (b)(4). (Gov. Code, § 66323, subd. (a)(2)(B).)

3. Multifamily Converted ADUs

ADUs may be created within the portions of existing multifamily structures that are not
used as livable space (Gov. Code, § 66323, subd. (a)(3)(A)). Local agencies shall allow

18
 at least one ADU within an existing multifamily dwelling and up to 25 percent of the
existing multifamily dwelling units (Gov. Code, § 66323, subd. (a)(3)(B)). Examples of
structures that are not used as livable space include, but are not limited to: storage
rooms, boiler rooms, passageways, attics, basements, or garages (Gov. Code, § 66323,
subd. (a)(3)(A)).

4. Multifamily Detached ADUs

Up to two detached ADUs are allowed on a lot that has a proposed multifamily dwelling,
or up to eight detached ADUs are allowed on a lot with an existing multifamily dwelling,
not to exceed the number of existing units on the lot. These ADUs are subject to four-
foot rear and side yard setbacks and height limits of 16, 18, or 20 feet depending on
conditions specified in Government Code section 66321, subdivision (b)(4). (Gov. Code,
§ 66323, subd. (a)(4)(A).) A local agency may not require that a setback be modified for
an existing multifamily dwelling with setbacks less than four feet as a condition of ADU
application approval (Gov. Code, § 66323, subd. (a)(4)(B)).

The local agency must allow the four categories of ADUs listed above to be combined as
allowed by the site and lot conditions. For example, pursuant to Government Code 66323,
subdivision (a), local governments must allow units created pursuant to subparagraphs (1)
and (2) together or (3) and (4) together. This means that on single-family lots, local agencies
must allow at least one ADU constructed from existing space, one JADU, and one newly
constructed detached ADU. For multifamily lots, local agencies must permit at least one ADU
constructed from existing non-livable space (or up to 25 percent of the number of multifamily
units), and two detached ADUs.

Allowable 66323 ADU Combinations

All formats listed below may be combined as explained in the preceding section

Single-Family Multifamily
Primary Dwelling Primary Dwelling
Gov. Code, §
• Sometimes referred to as
66323, subd.
“Conversions,” “Interior,”
(a)(1)
“Created within.”
ADU
• May expand 150 square feet Does not apply
constructed
from the existing accessory
from
structure for ingress and egress.
proposed or
existing space • Must have exterior access.

Gov. Code, §§ • Created within existing or

66323, subd. proposed dwelling.
(a)(1); • 500 square-foot maximum. Does not apply
66333-66339 • May be created from within
JADUs attached garage.

19
 Gov. Code, §
66323, subd.
(a)(2) • May be in front setback.
Does not apply
New • 800 square-foot maximum.
construction
detached

Gov. Code, §
66323, subd.
• Existing non-livable space (e.g., gyms,
(a)(3)(A)
enclosed parking, etc.) within the
Constructed
Does not apply multifamily structure.
in existing
• Allows at least one ADU or up to 25% of
space not
existing primary units.
used as
livable

Gov. Code, § • Up to two units detached from proposed

66323, subd. primary dwelling, or
(a)(4) • Up to eight units detached from existing
Does not apply
Detached primary dwelling, not to exceed the number
from primary of existing units on the lot.
dwelling • Four-foot side and rear setbacks.

What design, zoning, or other local standards can be imposed on 66323 Units?
A local agency may not impose development or design standards, including both local
standards and standards found in State ADU Law, on 66323 Units that are not specifically
listed in Government Code section 66323. (Gov. Code, § 66323, subds. (a), (b).) This includes,
but is not limited to, parking, height, setbacks, or other zoning provisions (e.g., lot size, open
space, floor area ratio, etc.).

Additionally, rentals of 66323 ADUs must be for terms longer than 30 days. (Gov. Code, §
66323, subd. (e).) Fire sprinklers are not required for the ADU if not required for the primary
residence, and the construction of an ADU may not trigger the requirement for fire sprinklers in
an existing multifamily dwelling. (Gov. Code, § 66323, subd. (d).)

Can a 66323 ADU created by converting an existing accessory structure be expanded?

Yes. An ADU created within the existing space of an accessory structure can be expanded
beyond the physical dimensions of the structure up to 150 square feet solely for the purpose of
accommodating ingress and egress. (Gov. Code, § 66323, subd. (a)(1)(A).) An example is the
construction of a staircase to reach a second story ADU. The ADUs shall conform to setbacks
sufficient for fire and safety. (Gov. Code, § 66323, subd. (a)(1)(C).)

NOTE: A JADU may be created within the walls of a single-family residence and not
within an accessory structure. JADUs may not be expanded beyond the existing
dimensions of the single-family dwelling.

For more information regarding 66323 multifamily accessory units, please see Multifamily
ADUs.

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ADUs
What is an ADU?
An ADU is accessory to a primary residence and has complete independent living facilities for
one or more persons. ADUs are either “detached from,” “attached to,” or located within the
proposed or existing primary dwelling. This includes attached garages, storage areas or similar
spaces, and accessory structures. The ADU can also be detached from the proposed or
existing primary dwelling, including detached garages, provided it is located on the same lot.
(Gov. Code. §§ 66313, subd. (a); 66314, subd. (d)(3).) 2

Bedrooms
Can a limit on the number of bedrooms in an ADU be imposed?
A limit on the number of bedrooms could be construed as a discriminatory practice towards
protected classes, such as familial status, and would be considered a constraint on the
development of ADUs (Gov. Code, § 65008). Building code standards for minimum bedroom
size still apply.

Can an ADU have no bedrooms?

A limit on the number of bedrooms could be construed as a discriminatory practice towards
protected classes, such as familial status, (Gov. Code, § 65008) and could also unreasonably
restrict the ability of homeowners to create ADUs (Gov. Code, § 66311). Building code
standards for minimum bedroom size still apply.

Building Code Violations

Can an ADU application be denied due to building code violations?
An ADU application pursuant to Government Code section 66314 may be denied due to
building code violations on the primary unit only if the violations present a threat to public
health and safety and are affected by the construction of the ADU (Gov. Code, § 66322, subd.
(b)). However, all ADUs must comply with building code and health and safety requirements
for dwellings.

Coastal Commission
Do state ADU laws apply to jurisdictions located in the California Coastal Zone?
Yes. ADU laws apply to jurisdictions in the California Coastal Zone, but do not alter or lessen
the effect or application of Coastal Act resource protection policies (Gov. Code, § 66329).
Coastal localities should seek to harmonize the goals of protecting coastal resources and
addressing housing needs of Californians. For example, where appropriate, localities should
amend Local Coastal Programs for California Coastal Commission review to comply with the
California Coastal Act and new State ADU Laws. For more information, see the California

2Note that certain federal financing programs mentioned in the section on “Funding,” below,
may have different definitions of an ADU.

21
Coastal Commission 2020 Memo and reach out to the local Coastal Commission district office.

Deed Restrictions
Can an affordable housing deed restriction be imposed on an ADU?
No. A local agency cannot impose a deed restriction on an ADU. Government Code section
66315 states, “Section 66314 establishes the maximum standards that a local agency shall
use to evaluate a proposed accessory dwelling unit on a lot that includes a proposed or
existing single-family dwelling. No additional standards, other than those provided in Section
66314, shall be used or imposed, including an owner-occupant requirement, except that a local
agency may require that the property may be used for rentals of terms 30 days or longer.”
Section 66314, subdivision (b)(1) allows for local objective standards, but the examples
provided all relate to design and development standards (e.g., parking, height, setback,
landscape, maximum size of a unit). A deed restriction is not such a standard and thus cannot
be imposed.

Can a deed restriction be imposed on a JADU?

Yes. A local agency may adopt an ordinance for the creation of JADUs (Gov. Code, § 66333).
That ordinance must “[r]equire the recordation of a deed restriction” that includes only a
prohibition on the sale of the JADU separate from the sale of the single-family residence and a
restriction on the size and attributes of the JADU that conforms with state law (Gov. Code, §
66333, subds. (c)(1), (c)(2)).

Fees
What types of fees are considered impact fees?
Impact fees charged for the construction of ADUs must be determined in accordance with the
Mitigation Fee Act and include any monetary exaction other than a tax or special assessment
that is charged by a local agency in connection with the approval of an ADU for the purpose of
defraying all or a portion of the cost of public facilities relating to the ADU. (Gov. Code, §§
66324, subd. (a); 66000.) A local agency, special district, or water corporation shall not
consider ADUs as a new residential use for the purposes of calculating connection fees or
capacity charges for utilities, including water and sewer services. However, these provisions
do not apply to ADUs that are constructed concurrently with a new single-family home. (Gov.
Code, § 66324, subds. (b), (d).)

Can impact fees be charged for an ADU less than 750 square feet?
No. An ADU is exempt from incurring impact fees from local agencies, special districts, and
water corporations if it is less than 750 square feet. If an ADU is 750 square feet or larger,
impact fees shall be charged proportionately in relation to the square footage of the ADU to the
square footage of the primary dwelling unit. (Gov. Code, § 66324 subd. (c)(1).) In this specific
instance, impact fees also include Quimby fees specified in Government Code section 66477
(Gov. Code, § 66324 subd. (c)(2)).

For ADUs that include a 150 square-foot exterior expansion, the 150 square feet count
towards the 750 square-foot limit. For example, a 700 square-foot interior conversion ADU with

22
a 150 square-foot exterior expansion for ingress and egress would count as an 850 square-
foot ADU for the purposes of calculating fees, thus triggering the proportionate fee requirement
of Government Code section 66324, subdivision (c).

What is “Proportionality”?
“Proportionality” is some amount in relation to a total amount, in this case, an impact
fee for a single-family dwelling. For example, a 2,000 square-foot primary dwelling
with a proposed 1,000 square-foot ADU could result in 50 percent of the impact fee
that would be charged for a new primary dwelling on the same site. (Gov. Code, §
66324, subd. (c)(1).)

Can school districts charge impact fees?

Yes. School districts are authorized to, but do not have to, levy impact fees for ADUs larger
than 500 square feet pursuant to Section 17620 of the Education Code and the Mitigation Fee
Act (Gov. Code, § 66000). ADUs less than 500 square feet are not subject to school impact
fees. Local agencies are encouraged to coordinate with school districts to carefully weigh the
importance of promoting ADUs and to ensure appropriate nexus studies are conducted on fees
to facilitate construction or reconstruction of adequate school facilities, as required by the
Mitigation Fee Act. Local agencies should not withhold the issuance of a permit to create an
ADU or JADU due to the imposition of school fees.

Can I still be charged water and sewer connection fees?

ADUs constructed from existing space and JADUs shall not be considered by a local agency,
special district, or water corporation to be a new residential use for purposes of calculating
connection fees or capacity charges for utilities, unless constructed concurrently with a new
single-family dwelling (Gov. Code, § 66324, subd. (b)). The connection fee or capacity charge
shall be proportionate to the burden of the proposed ADU, based on its square footage or
plumbing fixtures as compared to the primary dwelling (Gov. Code, § 66324, subd. (e)).

Fire Protection and Fire Sprinkler Requirements

Can fire sprinklers be required for ADUs?
Only when sprinklers are required for the existing primary residence. Installation of fire
sprinklers shall not be required in attached, detached, or converted ADUs if sprinklers are not
required by building codes for the existing primary residence. For example, a detached single-
family home designed and constructed decades ago would not have been required to have fire
sprinklers installed under the applicable building code at the time. However, if the same
primary dwelling recently underwent significant alteration and is now required to have fire
sprinklers, any ADU created after that alteration must be provided with fire sprinklers.
Additionally, the construction of an ADU under this code section shall not trigger a requirement
for fire sprinklers for the primary residence. Finally, if a primary dwelling currently does not
have fire sprinklers, and an attached ADU is proposed which would trigger fire sprinkler
requirements due to the increase in livable space, that requirement shall not be imposed upon
the primary dwelling unit. (Gov. Code, §§ 66314, subd. (d)(12); 66323, subd. (d).)

23
Funding
Is there financial assistance or funding available for ADUs?
Possibly. While at the time of this writing the funds have been exhausted, the California
Housing Finance Agency’s (CalHFA) ADU Grant Program provided up to $40,000 in
assistance to reimburse qualifying homeowners for predevelopment costs necessary to build
an ADU or JADU on a lot with an owner-occupied single-family dwelling unit. The ADU Grant
Program was intended to create more housing units in California by providing a grant to
reimburse qualifying homeowners for predevelopment costs. Predevelopment costs include,
but are not limited to, architectural designs, permits, soil tests, impact fees, property surveys,
and energy reports.

Some local agencies are creating funding opportunities for ADU/JADU predevelopment and
construction costs, or they are waiving fees.

For local agencies wanting to apply for funding for ADUs and JADUs, some of HCD’s funding
programs, such as the CalHome Program, the Permanent Local Housing Allocation program,
the Prohousing Incentive Program, and the Local Housing Trust Fund Program, do include
funding for these housing types as eligible activities.

For more information on local and state funding opportunities for ADU/JADU predevelopment
or construction, or funding options for local agencies, please see the Grants and Funding
section of our ADU webpage: https://www.hcd.ca.gov/policy-and-research/accessory-dwelling-
units.

The Federal Housing Administration (FHA), Freddie Mac, and Fannie Mae also provide loans
to support ADUs. The links below include information on these finance programs, including
relevant definitions and criteria.

FHA
The FHA recently expanded access to mortgage financing for homes that have or will include
ADUs. Specifically, the updated loan policies allow for the inclusion of rental income from the
ADU in the borrower’s qualifying income and would allow more borrowers to qualify for FHA
financing for properties with ADUs. This includes the 203(k) Rehabilitation loan. Note that the
203(k) Rehabilitation loan may only be used to construct an attached ADU.

For more information on the updated policies, please reference the FHA Single Family
Housing Policy Handbook at https://www.hud.gov/sites/dfiles/OCHCO/documents/40001-hsgh-
update15-052024.pdf, or the 2023 Mortgagee Letter that includes specific ADU finance
changes in the handbook https://www.hud.gov/sites/dfiles/OCHCO/documents/2023-
17hsgml.pdf. Interested parties should look to HUD’s website for any updates.

Freddie Mac
Freddie Mac now offers several options for adding an ADU to an existing home and financing a
purchase with the intention to rent or build an ADU. This includes allowing rental income from
ADUs to be included in qualified income for a loan.

24
For more information, please visit https://sf.freddiemac.com/docs/pdf/fact-sheet/adu-fact-
sheet.pdf.

Fannie Mae
Fannie Mae now offers financing options for adding an ADU to an existing property, building a
home with an ADU using Construction-to-Permanent Financing, and buying a home with an
existing ADU.

For more information, please visit https://singlefamily.fanniemae.com/originating-

underwriting/mortgage-products/accessory-dwelling-units.

Height Requirements
Is there a limit on the height of an ADU?
There is no height limit contained in State ADU Law, but local agencies may impose height
limits pursuant to Government Code section 66321, subdivision (b)(4). A local agency may
impose a height limit by adopting a compliant ADU ordinance.

A local agency may not impose a height limit that is less than the following:

Detached ADUs

16 feet on a lot with a proposed or existing single-family or multifamily dwelling unit (Gov.
Code, § 66321, subd. (b)(4)(A)).

18 feet on a lot with an existing or proposed single-family or multifamily dwelling, including an

additional 2 feet to accommodate roof pitch that aligns with the primary dwelling, when the lot
is a half-mile from a major transit stop or high-quality transit corridor (Gov. Code, § 66321,
subd. (b)(4)(B)). Please see the ADU Glossary for definitions of these terms.

18 feet height on a lot with an existing or proposed multifamily, multistory dwelling (Gov. Code,
§ 66321, subd. (b)(4)(C)).

If a detached two-story ADU can be built according to the height allowances required under
State ADU Law while remaining compliant with the building code, a local agency cannot deny
an ADU application to create a two-story ADU, irrespective of the underlying zoning that might
restrict a primary dwelling to one story. (Gov. Code, §§ 66321, subd. (b)(4)(D); 66314, subd.
(d)(8).)

Attached ADUs

25 feet or the height limitation that applies to the primary dwelling in the local zoning
ordinance, whichever is lower (Gov. Code, § 66321, subd. (b)(4)(D)).

25
Is there a limit on the number of stories of an ADU?
There is no limit on the number of stories contained in State ADU Law. A local agency must
allow at least two stories, and an attached ADU may be built to the height of the zoning for the
primary dwelling or up to 25 feet, whichever is lower. (Gov. Code, § 66321, subd. (b)(4)(D).)

Are there tools available to determine if a project qualifies for 18 feet in height?
The California State Geoportal features an interactive map and searchable database to assess
whether any California address is within a High-Quality Transit Corridor (HQTC) (as described
in Public Resources Code sections 21155, 21064.3, and 21060.2). This can assist with
determining if your projects are eligible for an extra two feet in height. However, the State ADU
Law does not designate a definitive resource for making HQTC proximity determinations.
Applicants should go to their Metropolitan Planning Organizations first to find out if they are in
a HQTC. If there is not one in their area, then they should go to their local agency.

Homeowners Associations (HOAs)

Can CC&Rs prohibit the construction or use of an ADU or JADU?
No. Sections 714.3 and 4751 of the Civil Code nullify covenants, conditions, and restrictions
(CC&Rs) that either effectively prohibit or unreasonably restrict the construction or use of an
ADU or JADU on lots zoned to permit single-family residential uses. Such CC&Rs, including
operating rules, are void and unenforceable. Applicants who encounter prohibitions of ADUs
and JADUs within CC&Rs, whether implicit or explicit, are encouraged to reach out to their
local agency.

What restrictions can be placed on an ADU or JADU?

HOAs may impose some limited objective standards on an ADU or JADU, such as requiring,
within reason, specific materials, architectural styles, or other design and aesthetic restrictions.
However, these standards may not be more stringent than State ADU Law and thereby
unreasonably increase the cost to construct or effectively prohibit or extinguish the ability to
create or serve an ADU or JADU. (Civ. Code, § 714.3, subd. (b).)

Examples of effective prohibitions, unreasonable costs, and extinguishments of the ability to

construct an ADU or JADU may include, but would not be limited to:
• Any delay in reviewing an ADU or JADU for compliance with reasonable restrictions
beyond the timeframes required of local agencies (60 days) or that significantly delay
the construction or use of an ADU or JADU.
• Requiring alteration to an ADU or JADU application that would cause the property
owner to incur substantial costs or forgo the development.
• Imposing a condition that would necessitate re-applying or amending a building permit
application that substantially complies with State ADU and JADU Laws.
• Mandating neighboring property owners’ approval or agreement for an ADU or JADU
application or considering any disapproval or disagreement to the construction or use of
an ADU or JADU by the neighbors as part of the local agency’s ministerial process to
approve or deny the application.
• Restricting the placement or location of an ADU or JADU such that it would be rendered
infeasible or unusable by the property owner.

26
 • Requiring major structural elements or design changes beyond the requirements set
forth in State ADU and JADU Law that would extinguish the ability to construct or use
the ADU or JADU.
• Imposing restrictions that are not objective or not knowable or available to the property
owners in advance of submitting the application.
• Levying excessive application fees, conditions, or other financial requirements that
would cause the property owner to incur substantial costs or forgo the development,
such as requiring owner-occupancy of an ADU or charging excessive maintenance fees
that would be unreasonable considering the size of the ADU proportionally to the
primary dwelling.

Property owners whose construction or use of an ADU or JADU is impeded by an HOA (or
their representatives or agents) are encouraged to reach out to their local agency and to seek
legal counsel.

Can an HOA review or influence a local agency’s ministerial approval to create or serve
an ADU or JADU?
No. An HOA may not influence a local agency’s ministerial approval of an ADU or JADU. Local
agencies must provide an approval process that only includes ministerial provisions for the
approval of ADU permit applications. This approval process shall not include discretionary
processes, provisions, or requirements except as provided in Government Code section
66315. Thus, third party reviews by an HOA or their representatives or agents would violate
State ADU Law. (Gov. Code, § 66315.) No other local ordinances, policies, or regulations may
be applied in the approval or denial of an ADU or JADU permit application (Gov. Code, §
66317, subd. (c)). If a local agency allows an HOA to be involved in any part of an ADU or
JADU application process, the local agency is in violation of State ADU Law.

Housing Elements and Prohousing Designation

Do ADUs and JADUs count toward a local agency’s RHNA?
Yes. Pursuant to Government Code sections 66330, and 65583.1, ADUs and JADUs may be
utilized towards the RHNA and the Housing Element Annual Progress Report (APR) required
by Government Code section 65400. To credit a unit toward the RHNA, HCD and the
Department of Finance (DOF) utilize the U.S. Census definition of a housing unit. Generally,
an ADU, and a JADU with shared sanitation facilities, and any other unit that meets the U.S.
Census definition and is reported to DOF as part of the DOF annual City and County Housing
Unit Change Survey can be credited toward the RHNA based on the appropriate income level.
The housing element or APR must include a reasonable methodology to demonstrate the level
of affordability. Local governments can track actual or anticipated affordability to assure ADUs
and JADUs are counted towards the appropriate income category. For example, some local
governments request and track information such as anticipated affordability as part of the
building permit or other local applications.

For more information, please refer to the Housing Element Building Blocks or contact
[email protected].

27
What analysis is required to count ADUs toward the RHNA in the housing element?
To count ADUs towards the RHNA in the housing element, local agencies must generally use a
three-part approach: (1) development trends, (2) anticipated affordability, and (3) resources
and incentives. Development trends must consider ADUs permitted in the prior planning period
and may also consider more recent trends. Anticipated affordability can use a variety of
methods to estimate the affordability by income group. Common approaches include rent
surveys of ADUs, using rent surveys and square footage assumptions and data available
through the APR required by Government Code section 65400. Resources and incentives
include policies and programs to encourage ADUs, such as prototype plans, fee waivers,
expedited procedures, and affordability monitoring programs.

Are ADUs required to be addressed in the housing element?

Yes. The housing element must include a description of zoning available to permit ADUs,
including development standards and analysis of potential constraints on the development of
ADUs. The element must include programs to address identified constraints. In addition,
housing elements must include a plan that incentivizes and promotes the creation of ADUs that
can offer affordable rents for very low-, low-, or moderate-income households and requires
HCD to develop a list of state grants and financial incentives in connection with the planning,
construction, and operation of affordable ADUs. (Gov. Code, § 65583; HSC, § 50504.5.)

Can ADUs and JADUs impact a local agency’s Prohousing Designation status?
Yes. To qualify for a Prohousing Designation, a local agency must be in compliance with all
applicable state housing laws, such as those mentioned in Government Codes section 65585,
subdivision (j), which includes State ADU Law. An approved housing element and any
associated programs which promote ADU development will also need to be enacted and in
compliance to meet the minimum threshold requirements for a Prohousing Designation.
Additionally, ADUs and JADUs are specifically identified within the Prohousing Designation
Program as designation criteria under California Code of Regulations, Title 25, section 6606,
meaning that an ADU ordinance or program which promotes ADU development beyond the
minimum requirements of State ADU Law may score additional points towards their
Prohousing Designation. In other words, local agencies that are in violation of State ADU Law
will be ineligible for a Prohousing Designation, while local agencies that promote additional
ADU development can score additional points towards their Prohousing Designation, and all
the benefits that designation provides. (CCR Title 25, §§ 6600-6608).

JADUs
What is a JADU?
A “junior accessory dwelling unit” or JADU is a unit that is no more than 500 square feet in size
and contained entirely within a single-family residence. A JADU may include separate sanitation
facilities or may share sanitation facilities with the existing structure. (Gov. Code, § 66333.)

Are two JADUs allowed on a lot?

No. Only one JADU may be created per lot zoned for single-family residences with an existing
or proposed single-family residence (Gov. Code, § 66333, subd. (a)). The JADU may be
created within the walls of the proposed or existing single-family residence, including attached

28
garages (Gov. Code, § 66333, subd. (d)). If there are multiple detached single-family
residential units on one lot, there can only be one JADU.

Can a JADU be created within a “half-plex”?

Yes, a JADU is permitted in a half-plex. A half-plex consists of two primary dwelling units on
separate lots that share a dividing wall. One JADU is permitted in each half-plex in areas
zoned for single-family use. (Gov. Code, § 66333, subd. (a).) If two units are attached on a
single lot (i.e., a duplex), the primary dwelling is considered multifamily and would not qualify
for a JADU.

Are JADUs required to have an interior connection to the primary dwelling?

JADUs are required to be within the walls of the primary dwelling but are not required to have
an interior connection to the primary dwelling. However, if the JADU does not include a
separate bathroom, the JADU must include an interior entrance to the main living area. (Gov.
Code, § 66333, subd. (e)(2).)

Are JADUs allowed in detached accessory structures?

No, JADUs are not allowed in accessory structures. The creation of a JADU must be within the
single-family residence. As noted above, “enclosed uses” within the residence, such as
attached garages, are eligible for JADU creation. (Gov. Code, § 66333, subd. (d).)

Are JADUs allowed to be increased by up to 150 square feet when created within an
existing structure?
No. Only ADUs that are created from existing accessory structures are allowed to add up to
150 square feet “beyond the physical dimensions of the existing accessory structure” to
provide for ingress or egress (Gov. Code, § 66323, subd. (a)(1)(A)).

Are there any owner-occupancy requirements for JADUs?

Yes. The owner must reside in either the remaining portion of the primary residence or in the
newly created JADU. Owner-occupancy is not required when the owner is another
governmental agency, land trust, or housing organization. (Gov. Code, § 66333, subd. (b).)

What can local agencies require as part of an “efficiency kitchen”?

An efficiency kitchen is a cooking facility with appliances, a food preparation counter, and
storage cabinets that are of reasonable size in relation to the size of the JADU (Gov. Code, §
66333, subds. (f)(1), (f)(2)). A local agency cannot be more restrictive than this definition. Thus,
requirements such as counter or cabinet sizes, specified electrical or gas connections, or
appliance types are not authorized by State JADU Law.

Are JADUs required to provide parking?

No. Local agencies may not require parking as a condition to permitting a JADU, even when
the JADU is converted from an attached garage (Gov. Code, § 66334, subd. (a)).

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Local ADU Ordinances and Local Agencies
Should a local ordinance encourage the development of ADUs?
Yes. Pursuant to Government Code section 66310, the California Legislature found and
declared that, among other things, California is facing a severe housing crisis and ADUs are a
valuable form of housing that meets the needs of family members, students, the elderly, in-
home health care providers, people with disabilities, and others. Therefore, ADUs are an
essential component of California’s housing supply.

Recent changes to State ADU Law intend to address barriers, streamline approval, and expand
potential capacity for ADUs, recognizing their unique importance in addressing California’s
housing needs. The preparation, adoption, amendment, and implementation of local ADU
ordinances must be carried out consistently with Government Code section 66310 and must
not unduly restrict the creation of ADUs. Local governments adopting ADU ordinances should
carefully weigh the adoption of zoning, development standards, and other provisions for
impacts on the development of ADUs.

State ADU Law provides the statutory minimum requirements for ADUs and JADUs. Local
governments may elect to go beyond this statutory minimum to further the creation of ADUs.
(Gov. Code, § 66325, subd. (b).) Many local governments have embraced the importance of
ADUs as an important part of their overall housing policies and have pursued innovative
strategies.

Can a local agency adopt an ADU “bonus program?”

Yes. One common strategy used by local agencies to promote ADU development is to adopt
ADU bonus programs. HCD supports this approach to go above and beyond State ADU Law’s
requirements to address California’s ongoing housing crisis. A successful ADU bonus program
should meet the following criteria:

1. The ADU bonus program is completely optional – There is no requirement, and no

consequence for not taking part in a local bonus program.
2. The ADU bonus program only offers benefits in addition to the provisions of State ADU
Law, not in lieu of them – All state-mandated requirements are granted unconditionally.
3. The ADU bonus program removes one or more physical constraints, such as a limitation
on the number of allowable units on a lot, ADU size, height, setback requirements, or a
waiver of design and development criteria.

Does HCD have enforcement authority over ADU ordinances?

Yes. Pursuant to Government Code section 66326, subdivision (a), local agencies are required
to submit a copy of newly adopted ADU ordinances to HCD within 60 days of adoption. HCD
may thereafter provide written findings to the local agency as to whether the ordinance
complies with State ADU Law. If HCD finds that the ADU ordinance does not comply with State
ADU Law, the local agency must respond to HCD’s written findings within 30 days. The local
agency shall either amend its ordinance in accordance with HCD’s findings, or adopt the
ordinance without changes, but include findings in its resolution explaining why the ordinance
complies with State ADU Law despite HCD’s findings. (Gov. Code, § 66326, subd. (b).)

30
Although not required by State ADU Law, HCD may continue to offer further technical
assistance to the local agency. However, if the local agency does not amend its ordinance in
accordance with HCD’s findings or adopt a resolution explaining why the ordinance is
compliant, HCD shall notify the local agency and may notify the Attorney General that the local
agency is in violation of State ADU Law. (Gov. Code, § 66326, subd. (c)(1).) While an
ordinance is non-compliant, the local agency shall apply state standards for the approval of
ADUs, until the local agency adopts a compliant ordinance. (Gov. Code, § 66316.)

In addition, HCD may review, adopt, amend, or repeal guidelines to implement uniform
standards or criteria that supplement or clarify State ADU Law (Gov. Code, § 66327).

Do local agencies have to adopt an ADU ordinance?

No. Local agencies may choose not to adopt an ADU ordinance. Should a local government
choose not to adopt an ADU ordinance, any proposed ADU development would be subject
only to the standards set forth in State ADU Law. (Gov. Code, §§ 66315, 66316.) A local
agency that adopts an ADU ordinance may impose objective development and design
standards in compliance with Government Code section 66314.

Is a local agency required to send an ADU ordinance to HCD?

Yes. A local government, upon adoption of an ADU ordinance, must submit a copy of the
adopted ordinance to HCD within 60 days after adoption. After the adoption of an ordinance,
HCD may review and submit written findings to the local agency as to whether the ordinance
complies with the State ADU Law. (Gov. Code, § 66326, subd. (a).)

Are charter cities and counties subject to the new ADU laws?
Yes. State ADU Law applies to a local agency, which is defined as a city, county, or city and
county, whether general law or chartered (Gov. Code, §§ 66312; 66313, subd. (g)).

Do ADU laws apply to areas governed by the Tahoe Regional Planning Agency (TRPA)?
Possibly. The TRPA was formed through a bistate compact between California and Nevada,
which elevates its authority above state laws. Under this authority, TRPA has adopted certain
restrictions that effectively limit lot coverage on developed land. State ADU Law may conflict to
a degree with the TRPA standards, and to the extent that it does, the TRPA law preempts or
overrides State ADU Law. For more information, please see: https://www.trpa.gov/adus/.

Manufactured Homes
Can a manufactured home be used as an ADU?
Yes. By definition, an ADU includes manufactured homes (Gov. Code, § 66313, subd. (a)(2);
HSC, §§ 18007, 18008).

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 Health and Safety Code section 18007, subdivision (a): “Manufactured home,” for the purposes
of this part, means a structure that was constructed on or after June 15, 1976, is transportable in
one or more sections, is eight body feet or more in width, or 40 body feet or more in length, in
the traveling mode, or, when erected on site, is 320 or more square feet, is built on a permanent
chassis and designed to be used as a single-family dwelling with or without a foundation when
connected to the required utilities, and includes the plumbing, heating, air conditioning, and
electrical systems contained therein. “Manufactured home” includes any structure that meets all
the requirements of this paragraph except the size requirements and with respect to which the
manufacturer voluntarily files a certification and complies with the standards established under
the National Manufactured Housing Construction and Safety Act of 1974 (42 U.S.C., Sec. 5401,
and following).

For more information on Manufactured Homes please contact the Division of Codes and
Standards at [email protected].

Mobilehome Parks
Are ADUs permitted on lots within mobilehome parks or special occupancy parks?
No. A lot, as defined in Health and Safety Code sections 18210 and 18862.23, allows for only
one manufactured home, mobilehome, or recreational vehicle. Health and Safety Code section
18862.23 also allows one tent, camp car, camping cabin, or camping party on a lot within a
special occupancy park.

For more information, please contact the Division of Codes and Standards at:
[email protected] for Northern CA or [email protected] for Southern CA.

Multifamily ADUs
What is considered a multifamily dwelling under State ADU Law?
For the purposes of creating an ADU, a structure with two or more attached dwellings on a
single lot is considered a multifamily dwelling structure. Multiple detached single-unit dwellings
on the same lot are not considered multifamily dwellings for the purposes of State ADU Law.

Does a local agency have to permit ADUs on lots zoned for multifamily use?
Yes. A local agency must permit an attached, detached, or converted ADU on a lot that is
zoned to allow single-family or multifamily residential use and includes an existing or proposed
dwelling (Gov. Code, § 66314, subds. (d)(2), (d)(3)). An applicant may build a detached or a
converted ADU on a site in a residential or mixed-use zone with a proposed or existing
multifamily dwelling. (Gov. Code, § 66323, subds. (a)(3), (a)(4).) (See next question for more
information.)

How many ADUs are allowed on a multifamily site under Government Code section
66323?
Under Government Code section 66323, an applicant may apply to build up to eight detached

32
ADUs (Gov. Code, § 66323, subd. (a)(4)(A)) and at least one conversion ADU within an
existing multifamily dwelling and up to 25 percent of the number of units in the existing
multifamily dwelling (Gov. Code, § 66323, subd. (a)(3)(B)).

Can JADUs be created in multifamily dwelling structures?

No. JADUs may only be constructed on a site with a proposed or existing single-family
dwelling in an area zoned for single-family residences; a JADU cannot be constructed on a
multifamily site (Gov. Code, § 66333, subd. (a)).

Can a permitting agency impose accessibility standards on ADUs converted from

existing space?
Maybe. For more information on ADA standards as they apply to your specific dwelling, please
contact the Division of Codes and Standards at [email protected].

Can a leasing office be converted into an ADU?

Yes. A leasing office within an existing multifamily dwelling structure can be converted to at
least one ADU – and up to 25 percent of the existing multifamily dwelling units – provided the
ADUs comply with state building standards for dwellings. (Gov. Code, § 66323, subd.
(a)(3)(A).)

In addition, a leasing office on a lot with an existing multifamily dwelling may be converted into
up to eight detached ADUs, not to exceed the number of existing units on the lot and subject to
height limitations in section 66321, subdivision (b), and to rear yard and side setbacks of no
more than four feet. (Gov. Code, § 66323, subd. (a)(4)(A).)

Finally, an ADU can be created from an accessory space, including a leasing office, that is
either attached to or located within the multifamily structure or an accessory structure, or is
detached from the primary dwelling and located on the same lot as the primary dwelling, and
complies with other applicable standards. (Gov. Code, § 66314, subd. (d)(3).)

Nonconforming Zoning
Can a local agency refuse to permit an ADU or JADU because of nonconforming zoning
conditions?
No. State ADU Law limits a local agency’s ability to deny a permit application due to the
correction of existing, nonconforming zoning conditions. Nonconforming zoning conditions are
physical improvements on a property that do not conform to current zoning standards. (Gov.
Code, § 66313, subd. (h)). For 66323 Units, a local agency cannot condition approval on the
correction of nonconforming zoning conditions (Gov. Code, § 66323, subd. (c)). For all other
ADUs, a local agency may only deny a permit to create an ADU due to zoning non-
conformance when the non-conformance creates a threat to public health and safety and is
affected by the construction of the ADU (Gov. Code, §§ 66322, subd. (b)).

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Owner-Occupancy
Can local agencies require owner-occupancy for an ADU?
No. A local agency cannot impose an owner-occupancy requirement on any ADU (Gov. Code,
§ 66315).

Parking Requirements
Can ADU parking requirements exceed one space per unit or bedroom?
No. Parking requirements for ADUs shall not exceed one parking space per unit or bedroom,
whichever is less (Gov. Code, § 66314, subd. (d)(10)(A)). These spaces may be provided as
tandem parking on a driveway (Gov. Code, § 66314, subd. (d)(10)(B)). Guest parking spaces
shall not be required for ADUs under any circumstances. In addition, a local agency may not
require off-street parking spaces to be replaced when a garage, carport, covered parking
structure, or uncovered parking space is demolished in conjunction with the construction of an
ADU or converted to an ADU (Gov. Code, § 66314, subd. (d)(11)).

Local agencies may choose to eliminate or reduce parking requirements for ADUs, such as
requiring zero or a fraction of a parking space per each ADU (such as a ½ space per unit), to
further reduce barriers to ADU construction and to facilitate more development of mixed-modal
transportation such as walking and public transit.

Are certain ADUs exempt from parking requirements?

Yes. A local agency shall not impose parking standards on any of the following ADUs, pursuant
to Government Code section 66322, subdivision (a):
1) ADUs located within one-half mile walking distance of public transit.
2) ADUs located within an architecturally and historically significant historic district.
3) ADUs that are part of the proposed or existing primary residence or an accessory
structure.
4) When on-street parking permits are required but not offered to the occupant of the ADU.
5) When there is a car share vehicle located within one block of the ADU.
6) When a permit application for an ADU is submitted with a permit application to create a
new single-family dwelling or a new multifamily dwelling on the same lot, provided that
the ADU or the parcel satisfies any other criteria listed in Government Code section
66322, subdivision (a)(1)-(5).

Parking requirements for ADUs may not exceed one parking space per ADU or per bedroom,
whichever is less (Gov. Code, § 66314, subd. (d)(10)). ADUs which have no bedrooms
because they are an “efficiency unit” or studio do not increase the bedroom count.

In addition, local agencies may not impose parking requirements on 66323 Units.

Is flexibility for siting ADU parking recommended?

Yes. Local agencies should be flexible when siting parking for ADUs. Off-street parking spaces
for the ADU shall be permitted in setback areas in locations determined by the local agency or
through tandem parking unless specific findings are made otherwise based on specific site or

34
regional topographical or fire and life safety conditions. (Gov. Code, § 66314, subd. (d)(10)(B).)

When a garage, carport, or covered parking structure is demolished in conjunction with the
construction of an ADU, or converted to an ADU, the local agency shall not require that those
off-street parking spaces for the primary unit be replaced (Gov. Code, § 66314, subd. (d)(11)).

Permit Applications and Permitting Agencies

What is an ADU permitting agency?
A permitting agency is “any entity that is involved in the review of a permit for an accessory
dwelling unit or JADU and for which there is no substitute, including, but not limited to,
applicable planning departments, building departments, utilities, and special districts.” (Gov.
Code, § 66313, subd. (k).) See also the Glossary section of this Handbook for this definition.

Are ADUs permitted ministerially?

Yes. ADUs subject to State ADU Law must be considered, approved or denied, and permitted
ministerially, without discretionary review or a hearing (Gov. Code, § 66317, subd. (a)).
Development standards must be objective to allow for ministerial review (Gov. Code, § 66314,
subd. (b)(1)). Objective standards require a uniform benchmark or reference that is knowable
by both the permit applicant and the permitting agency prior to the submission of an application
to create or serve an ADU (Gov. Code, § 66313, subd. (i)).

What are considered objective standards for ministerial approval?

Examples include numeric and fixed standards such as heights or setbacks, or design
standards such as specified colors or materials. See also the Glossary section of this
Handbook for the definition of objective standards.

What would be considered subjective standards?

Subjective standards require independent judgement and are open to multiple interpretations.
Language such as “privacy,” “compatibility with neighboring properties,” “promoting design
harmony and balance,” “must maintain similar architecture style,” or requiring “high quality
materials” are subjective and may not be imposed on ADU development (Gov. Code, § 66313,
subd. (i)).

What is the process and timeline for reviewing and approving ADU and JADU
applications?
Under the Permit Streamlining Act, and whether or not a local agency has adopted an
ordinance, a local agency has 30 calendar days to determine whether or not an ADU
application is complete. If an application is deemed incomplete, the local agency must provide
an exhaustive list of items that were not complete. That list shall be limited to those items
actually required on the lead agency’s submittal requirement checklist. (Gov. Code, § 65943,
subd. (a).)

If the application is complete, it must be approved or denied ministerially within 60 days from
the date the permitting agency received the complete application (Gov. Code, §§ 66317, subd.
(a); 66320, subd. (a)). Applicants are responsible for paying all applicable processing and

35
permitting fees that may be due at the time of application.

What kind of environmental review is required for ADUs and JADUs?

ADUs and JADUs approved ministerially are statutorily exempt from CEQA pursuant to
Section 15268 (Ministerial Projects) of the CEQA guidelines and Section 21080, subdivision
(b)(1) of the Public Resources Code. In addition, ADUs can be categorically exempt from
CEQA pursuant to Sections 15301 and 15303 of the CEQA guidelines, authority cited under
Public Resources Code Sections 21083 and 21084. ADU and JADU ordinances are statutorily
exempt from CEQA pursuant to Section 21080.17.

What does ministerial review of a permit application involve?

A ministerial review ensures that the permit application meets all the applicable objective
standards effective at the time of the review and uses no discretionary judgment, opinion, or
subjective standards. Agency staff inspect the submitted application, site plan, and building
plans for compliance with applicable standards. This often means that the permitting agency
(i.e., planning, building, fire departments and utilities) reviews the application using only
checklists. (Gov. Code, §§ 66316, 66317, 66320.)

Can an applicant delay the 60-day timeline?

Yes. If an applicant would like to request a delay on their application for any reason, they may
do so. The 60-day period to approve or deny the permit shall be tolled for the period of the
delay. (Gov. Code, § 66317, subd. (a).)

When is an ADU permit application “deemed approved” without formal review?

An ADU permit application is “deemed approved” when the permitting agency fails to approve
or deny a completed application within 60 days of receiving a completed application (Gov.
Code, §§ 66317, subd. (a); 66320, subd. (a)).

Do ADUs need a Certificate of Occupancy?

Yes, property owners must obtain a Certificate of Occupancy from the local agency prior to any
residential occupancy of an ADU or JADU (Gov. Code, § 66328; 2022 CBC, § 111).

Can the local agency deny a permit application for an unpermitted ADU that was built
before 2020?
A local agency shall not deny a permit for an unpermitted ADU that was constructed before
January 1, 2020, due to the ADU being in violation of building standards, non-compliance with
State ADU Law, or any local ordinance regulating ADUs (Gov. Code, § 66332, subd. (a)).
However, the local agency may deny the permit if the local agency makes a finding that
correcting the violation is necessary to protect the health and safety of the public or occupants
of the structure, or if the building is deemed substandard pursuant to section 17920.3 of the
Health and Safety Code (Gov. Code, § 66332, subds. (b), (c)).

What happens when an application for an ADU is denied?

The permitting agency denying the application must provide the applicant a full set of
comments listing items that are defective or deficient and include a description of how the
application may be remedied. A full set of comments includes all comments from all reviewers,

36
from every permitting agency. The 60-day countdown continues until the complete list is
provided. (Gov. Code, §§ 66317, 66320.) A local agency which has provided a complete set of
correction comments has fulfilled this requirement. Following a denial, a subsequent
application resets the 60-day period.

The applicant may address the proposed remedy and resubmit the application to the permitting
agency. A local agency may charge a fee to process a resubmitted application. (Gov. Code, §
66335 subd. (c).)

How can I request technical assistance from HCD about the denial of my ADU
application?
Questions and requests for technical assistance should be submitted through HCD’s ADU
Portal, which is available on HCD’s ADU webpage: https://www.hcd.ca.gov/policy-and-
research/accessory-dwelling-units. To reach the portal, navigate to “Contact the ADU Team.”
Applicants should first work to address the denial with the permitting agency via the agency’s
process. HCD may provide technical assistance after an application has been submitted.
However, HCD may not respond or follow up with a permitting agency if there is no pending
application.

Rental Terms
Are rental terms allowed?
Yes. Local agencies may require that ADUs be used for rentals of terms longer than 30 days
(Gov. Code, § 66315). ADUs created pursuant to Government Code section 66323 must be
rented for terms longer than 30 days (Gov. Code, § 66323, subd. (e)).

Sales and Separate Conveyance

Can ADUs be sold or separately conveyed?
A local agency may adopt a local ordinance to allow separate conveyance of the primary unit
and the ADU as condominiums if the ordinance meets specific requirements laid out in
Government Code section 66342. In addition, Government Code section 66341 creates a
narrow exception to allow separate conveyance of an ADU to a qualified buyer if the property
was built or developed by a qualified nonprofit corporation and meets other requirements
specified in section 66341.

Senate Bill 9 (SB 9) (Chapter 162, Statutes of 2021)

How does SB 9 work with ADUs?
SB 9 (Gov. Codes, §§ 65852.21, 66411.7) and State ADU Law are complementary. Both laws
can be implemented in ways that result in developments with both “SB 9 Units” and ADUs.
However, in no case does SB 9 require a local agency to allow more than four units on a single
lot, in any combination of primary units and ADUs or JADUs. For example, when a lot split has
not occurred, the lot is eligible to receive a second primary unit on the lot under SB 9 and to
receive up to two ADUs under State ADU Law. When a lot split occurs under SB 9, each lot is

37
eligible for up to two units, including, for example, a primary unit and an ADU or JADU. In the
case that a lot owner both splits a lot and builds two primary units on each resulting lot under
SB 9, State ADU Law is superseded (i.e., neither lot is entitled to an ADU or JADU); in all other
cases, State ADU Law applies, up to SB 9’s four-unit cap. (Gov. Code, § 66411.7, subd. (j).)

Members of the public with SB 9 complaints are encouraged to share them to the Housing
Accountability Unit Portal. Please also see HCD’s SB 9 Fact Sheet.

Setbacks
Can setbacks be required for ADUs?
Yes. A local agency may impose objective development standards, such as setbacks, for the
creation of ADUs. A setback of no more than four feet from the side and rear lot lines shall be
required for an attached or detached ADU (Gov. Code, § 66314, subd. (d)(7)). Additional
setback requirements may be required in the Coastal Zone if required by a local Coastal
Program (Gov. Code, § 66329).

Are setbacks required for ADUs/JADUs created within an existing structure or replacing
an existing structure?
No setback shall be required for an ADU or JADU created within an existing living area or
accessory structure or an ADU created in a new structure in the same location and to the
same dimensions as an existing structure (Gov. Code, § 66314, subd. (d)(7)).

Can a local agency impose front setbacks?

Yes. A local agency may apply front yard setbacks for ADUs, but front yard setbacks cannot
preclude an ADU of at least 800 square feet from being built on the property, even if that ADU
would exist partially or wholly within the front setback (Gov. Code, § 66321, subd. (b)(3)).

Can a local agency require an ADU be built in an alternate location to comply with front
setback requirements?
Maybe. Local agencies may set objective standards, including front setbacks. However, a
permitting agency may not require that an ADU of up to 800 square feet be built in an
alternative location based on discretionary, or non-objective, standards. Requiring an
alternative site, using objective standards, to comply with front setback requirements must not
be overly burdensome such that it unreasonably restricts the ability of homeowners to create
ADUs in zones in which they are authorized by local ordinance. (Gov. Code, §§ 66321, subd.
(b)(3); 66311.)

Is there a distance requirement between an ADU and other structures on the lot?
State ADU Law does not address the distance between an ADU and other structures on a lot.
A local agency may impose objective development standards for the creation of some ADUs,
and all ADUs must comply with local building codes. However, development standards should
not unreasonably restrict the creation of ADUs. (Gov. Code, § 66311.) Minimum distance or
other requirements may not be applied if they would unreasonably restrict the creation of
ADUs, unless they are a requirement of a Building or Fire Code (Gov. Code, § 66314, subd.
(d)(8)).

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Size Requirements and Restrictions
How is the square footage of an ADU or JADU calculated?
The CBC provides the minimum standards to which all buildings in California must be
built (California Building Code, Vol. 2, 1.1.3). The CBC also allows local agencies to adopt
amendments, additions, or deletions to the provisions of the CBC which are reasonably
necessary and are more restrictive than the CBC’s standards (California Building Code, Vol. 2,
1.1.8).

The CBC defines “Floor Area, Gross” as “[t]he floor area within the inside perimeter of the
exterior walls of the building under consideration, exclusive of vent shafts and courts, without
deduction for corridors, stairways, ramps, closets, the thickness of interior walls, columns or
other features. The floor area of a building, or portion thereof, not provided with surrounding
exterior walls shall be the usable area under the horizontal projection of the roof or floor above.
The gross floor area shall not include shafts with no openings or interior courts.”

Government Code section 66314, subdivision (d)(8) states that a local ADU ordinance must
require ADUs to comply with local building codes. Thus, when a local agency has not adopted
specific changes to the CBC in its local building standards, then the CBC standards, and in this
case the definition of floor area, shall apply. If the local agency has made specific
amendments, additions, or deletions relating to the definition of “Floor Area” within its local
building standards, then those altered definitions shall apply.

Can minimum lot size requirements be imposed on ADUs?

No. Local governments may not include minimum lot size requirements for ADUs (Gov. Code,
§ 66314, subd. (b)(1)).

Can lot coverage or floor area ratio preclude an ADU?

Limits on lot coverage or any floor area ratio requirements cannot preclude the creation of an
ADU of at least 800 square feet that maintains four-foot rear and side setbacks. While floor
area ratio and lot coverage requirements can be applied to other ADUs, such requirements
must not unreasonably restrict the creation of ADUs. (Gov. Code, §§ 66321, subd. (b)(3);
66311.)

Can minimum and maximum unit sizes be established for ADUs?

Yes. A local government may, by ordinance, establish minimum and maximum unit size
requirements for both attached and detached ADUs; however, maximum unit size
requirements must allow an ADU of at least 850 square feet, or 1,000 square feet for ADUs
with more than one bedroom. (Gov. Code, § 66321, subd. (b)(2).) For local agencies without a
compliant ADU ordinance, maximum unit sizes are 1,200 square feet for a new detached ADU
(Gov. Code, § 66314, subd. (d)(4)) and up to 50 percent of the floor area of the existing
primary dwelling for an attached ADU (at least 800 square feet) (Gov. Code, §§ 66314, subd.
(d)(5); 66321, subd. (a)(3)). Finally, the local agency must not establish by ordinance a
minimum square footage requirement that prohibits the development of an efficiency unit as
defined in Health and Safety Code section 17958.1. An efficiency unit may be as small as 150
square feet in floor area (HSC, § 17958.1).

39
The conversion of an existing accessory structure or a portion of the existing primary residence
to an ADU is not subject to unit size requirements. (Gov. Code, § 66323, subd. (a)(1).)

Can open space or landscaping requirements be used to limit the size of or deny an
ADU permit?
No. A local agency's open space zoning requirements may not deny an ADU of at least 800
square feet with four-foot rear and side setbacks (Gov. Code, § 66321, subd. (b)(3)). In
addition, 66323 Units are not subject to local open space and landscaping requirements in an
ADU ordinance (Gov. Code, § 66323, subd. (b)).

Can a percentage of the primary dwelling be used to limit the maximum size of an
attached ADU?
Yes. Local agencies may utilize a percentage (e.g., not greater than 50 percent) of the existing
primary dwelling as a maximum unit size for attached ADUs, but only if it does not restrict an
ADU’s size to less than 850 square feet, or 1,000 square feet for ADUs with more than one
bedroom (Gov. Code, §§ 66314, subd. (d)(4); 66321 (b)(2)).

Can maximum unit sizes exceed 1,200 square feet for ADUs?
Yes. Maximum unit sizes can exceed 1,200 square feet for ADUs through the adoption of a
less stringent local ADU ordinance. State ADU Law does not limit the authority of local
agencies to adopt less restrictive requirements for the creation of ADUs. (Gov. Code, § 66325,
subd. (b).)

Solar Requirements
Are solar systems required for newly constructed ADUs?
Yes, newly constructed ADUs are subject to the California Energy Code requirement
(excluding manufactured homes) to provide solar systems if the unit(s) is a newly constructed,
detached ADU (though some exceptions apply). Per the California Energy Commission (CEC),
the solar systems can be installed on the ADU or on the primary dwelling unit. ADUs that are
constructed within existing space, or as an addition to existing homes, including detached
additions where an existing detached building is converted from non-residential to residential
space, are not subject to the California Energy Code requirement to provide solar systems.

Please refer to the CEC on this matter. For more information, see the CEC’s website at
www.energy.ca.gov. You may email your questions to [email protected], or contact the
Energy Standards Hotline at 800-772-3300. CEC memos can also be found on HCD’s website
at https://www.hcd.ca.gov/policy-and-research/accessory-dwelling-units.

Tiny Homes
Are “tiny homes” considered ADUs?
Possibly. While State ADU Law does not specifically reference “tiny homes,” “tiny home” is an
industry term that can mean different structures or vehicles. If the unit meets the definition of
an ADU in Government Code section 66313, subdivision (a), it is subject to ADU Law. For

40
more information on “tiny homes,” see Information Bulletin 2016-01 at
https://www.hcd.ca.gov/policy-research/docs/hcd-bulletin-tiny-home-ib-2016-01.pdf. You may
also contact HCD’s Division of Codes and Standards at [email protected].

Types of ADUs
What are attached ADUs?
An attached ADU is a newly created (constructed) dwelling structure that structurally abuts
(and connects to) an existing or proposed primary dwelling or accessory structure (Gov. Code,
§ 66314, subd. (d)(3)). This can be constructed on top of or below the primary dwelling. The
attached ADU extends beyond the building plane of the existing or proposed primary dwelling
unit. An attached ADU shall not exceed 50 percent of the existing primary dwelling’s floor area
size. (Gov. Code, § 66314, subd. (d)(4).)

Examples of attached ADUs include, but are not limited to:

• An ADU addition to a duplex.

• An ADU built on top of an attached garage.
• An ADU built as a new second story of a single-family dwelling.
• An ADU built in a newly constructed basement.

What are converted ADUs?

Converted ADUs are dwelling units that are created from existing space within proposed or
existing primary dwelling units or existing accessory structures. For single family residences,
the converted ADU is created from the proposed or existing space of the single-family
residence or the existing space of an accessory structure. For multifamily dwelling structures,
the converted ADUs are created from portions of the multifamily dwelling structures that are
not used as livable space (i.e., storage rooms, passageways, etc.). (Gov. Code, § 66323,
subds. (a)(1), (a)(3)(A).)

What standards apply to ADU conversions?

Objective standards related to height, lot coverage, landscape, design, development, and
architectural standards in the local ADU ordinance do not apply to ADU conversions. However,
since ADU conversions are created within an existing structure, the height of ADU conversions
are limited to the dimension of the original structure. ADU conversions are not subject to
setback requirements because they are created within an existing living area or are
constructed in the same location and to the same dimensions as an existing structure. (Gov.
Code, § 66323, subds. (a)(1), (a)(3)(A).) ADU conversions are subject to all applicable
building, health and safety, and fire standards for dwellings.

Can accessory structures be converted into an ADU?

Yes. The conversion of detached garages, sheds, and other existing detached accessory
structures into ADUs is permitted by State ADU Law (Gov. Code, §§ 66314, subd. (d)(3);
66323, subds. (a)(1), (a)(3)(A)).

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What are Detached ADUs?
Detached ADUs are newly constructed dwelling units that are created on a lot with an existing
or proposed single-family or multifamily dwelling structure but are detached from the primary
dwelling (Gov. Code, §§ 66314, subd. (d)(3); 66323, subds. (a)(1), (a)(2), (a)(4)(A)).

Can detached ADUs on multifamily lots be attached to each other?

Yes. Multifamily lots qualify for two detached, new construction ADUs on lots with a proposed
multifamily dwelling, or up to eight detached ADUs on a lot with an existing multifamily
dwelling, not to exceed the total number of existing units on the lot. These ADUs are detached
from the primary multifamily structure but do not have to be detached from each other or other
accessory structures on the lot. (Gov. Code, § 66323, subd. (a)(4)(A).)

For more information on 66323 Units, please see the “66323 Units” section above.

Unpermitted Structures and ADUs

Can a local agency deny a permit for an unpermitted ADU or JADU built prior to January
1, 2020?
Local agencies may not deny a permit for an unpermitted ADU or JADU created prior to
January 1, 2020. An inspector from the local agency may inspect the unit for compliance with
health and safety standards and provide recommendations to comply with health and safety
standards necessary to obtain a permit. If the inspector finds noncompliance with health and
safety standards, the local agency shall not penalize an applicant for having the unpermitted
ADU or JADU and shall approve necessary permits to correct noncompliance with health and
safety standards (Gov. Code, § 66332, subd. (f)). However, the local agency may deny a
permit if it finds that the building is substandard. This does not preclude the local agency from
pursuing enforcement action on these violations, and an applicant may be required to make
alterations or repairs accordingly. (Gov. Code, § 66332.)

How does an applicant know what items are related to health and safety and may lead to
needing corrections for an unpermitted ADU or JADU?
A local agency shall inform the public about the provisions of this section through public
information resources, including permit checklists and the local agency’s internet website,
which shall include both of the following: (1) a checklist of the conditions specified in Section
17920.3 of the Health and Safety Code that would deem a building substandard, and
(2) information that, before applying for a permit, the homeowner may obtain a confidential
third-party code inspection from a licensed contractor to determine the unit’s existing condition
or potential scope of building improvements (Gov. Code, § 66332, subd. (d)(1), (d)(2)). 3

Can a local agency charge impact, connection, or capacity fees for an unpermitted ADU
or JADU built prior to January 1, 2020?
No. A homeowner applying for a permit for a previously unpermitted ADU or JADU constructed

3 See the Department of Consumer Affairs’ Contractors State License Board’s contractor
license check resource, available at
https://www2.cslb.ca.gov/onlineservices/checklicenseII/checklicense.aspx.

42
before January 1, 2020, shall not be required to pay impact fees or connection or capacity
charges to obtain a permit if they provide written evidence that their household income does
not exceed the definition of a low- or moderate-income household, as defined in Section 50093
of the Health and Safety Code (Gov. Code, § 66332, subd. (e)).

Utilities
Can a local agency, special district, or water corporation require a new or separate
connection for an ADU?
ADUs and JADUs created from the existing space of a primary dwelling or accessory structure
pursuant to Government Code section 66323, subdivision (a)(1), cannot be required to install a
new or separate connection unless the ADU is constructed concurrently with a new single-
family dwelling. For all other ADUs not created pursuant to Government Code section 66323,
subdivision (a)(1), a new or separate connection directly from the utility to the ADU may be
required (Gov. Code, § 66324, subds. (d), (e)).

What if I have questions about electrical or gas utilities in connection with an ADU?
HCD does not have authority over issues related to gas and electrical services. If an applicant
believes that a local utility provider is not complying with connection requirements, fee
schedules, or other issues that impact the creation of or service of an ADU, the applicant can
file a complaint with the appropriate agency.

For privately owned public utilities such as PG&E, contact the California Public Utilities
Commission (CPUC) by using CPUC’s online complaint form, by calling 1-800-649-7570, or by
sending a letter to:

California Public Utilities Commission

505 Van Ness Avenue
San Francisco, CA 94102–3298

For publicly owned utilities such as SMUD, the applicant will need to contact the utility directly
and follow their complaint process.

Zoning, Development, and Other Standards

Are ADUs allowed jurisdiction-wide?
No. Local agencies may, by ordinance, designate where ADUs are permitted within zones that
allow residential use. However, any limits on where ADUs are allowed may only be based on
the adequacy of water and sewer service and on the impacts on traffic flow and public safety.
(Gov. Code, § 66314, subd. (a).)

Local governments may not preclude the creation of ADUs altogether, and any limitation
should be accompanied by detailed findings of fact explaining why ADU limitations are
required and consistent with these factors. If a lot with a residence has been rezoned to a use
that does not allow for residential uses, that lot is no longer eligible for an ADU. (Gov. Code, §§

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66314; 66323, subd. (a).) Impacts on traffic flow should consider factors like lower car
ownership rates for ADUs. Finally, local governments may develop alternative procedures,
standards, or special conditions with mitigations for allowing ADUs in areas with potential
health and safety concerns.

Can local agencies restrict ADUs based on Fire Hazard Severity Zones or other
environmental hazards?
HCD understands that extreme weather conditions occur, and the threat of destructive wildfires
cannot be ignored. Some agencies have used the High (HFHSZ) and Very High Fire Hazard
Severity Zone (VHFHSZ) maps provided by CAL FIRE to mark areas where ADUs may be
restricted or prohibited altogether. However, according to CAL FIRE, the HFHSZ and VHFHSZ
maps are intended to govern building materials used in construction and defining zones of
defensibility around structures. These are not intended to restrict housing development. The
presence of a High Fire Hazard Severity Zone is not a conclusive rationale to warrant
restricting ADUs. A restriction based on the threat to public safety should be supported with
findings detailing the impact of ADUs on public safety. (Gov. Code, § 66314, subd. (a).)

Can an ADU application be denied due to lot density?

No. An ADU ordinance shall provide that ADUs do not exceed the allowable density on the lot
(Gov. Code, § 66314, subd. (c)). Additionally, ADUs which conform to Government Code
section 66314 shall not be considered to exceed the allowable density for the lot (Gov. Code,
§§ 66314, subd. (c); 66319).

Can ADUs serve to qualify a project for a density bonus pursuant to State Density
Bonus Law (SDBL), even though the general plan designation on the site allows less
than five primary units?
Yes. A project initially qualifies under the SDBL when the project’s “total units,” as defined in
the SDBL (i.e., the number of units in the project before a density bonus is received) meet or
exceed five units (Gov. Code, § 65915, subd. (o)(8)). Although the SDBL makes no mention of
ADUs in its text, it likewise does not expressly narrow the definition of unit to exclude ADUs.
Provided they are counted within the total units of the project, ADUs are a type of housing unit
that may be counted for the purposes of achieving the five total unit minimum.

If ADUs can be used to qualify a project under the SDBL’s minimum total unit
requirement, can they likewise be used to calculate a density bonus?
No. The calculation of a density bonus is based solely on a site’s maximum allowable
residential density, which does not include ADUs. A density bonus is defined as “a density
increases over the otherwise maximum allowable gross residential density…” (Gov. Code, §
65915, subd. (f)). Maximum allowable residential density is defined as “the greatest number of
units allowed under the zoning ordinance, specific plan, or land use element of the general
plan.” (Gov. Code, § 65915, subd. (o)(6).) As an example, if the zoning ordinance allows up to
two units and the general plan allows up to three, the applicable maximum allowable
residential density (i.e., base density) on the site is three units, even though the addition of two
ADUs brings the total units to five (see question above). The density bonus would then be
calculated on top of a base density of three units, not five.

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Can a local government apply design and development standards?
Yes. With an adopted ADU ordinance in compliance with State ADU Law, a local government
may apply objective development and design standards that include, but are not limited to,
parking, height, setback, landscape, architectural review, maximum size of a unit, and
standards that prevent adverse impacts on any real property that is listed in the California
Register of Historical Resources. These standards must be objective to allow ministerial review
of an ADU. (Gov. Code, §§ 66314, subd. (b)(1); 66316.) ADUs created under Government
Code section 66323 shall not be subject to design and development standards except for those
that are specified in section 66323. (Gov. Code, § 66323, subds. (a), (b)).

Can an ADU be built in a historic district or if the primary residence is subject to historic
preservation?
Yes. ADUs are allowed within a historic district and on lots where the primary residence is
subject to historic preservation. State ADU Law allows for a local agency to impose standards
that prevent adverse impacts on any real property that is listed in the California Register of
Historical Resources. (Gov. Code, § 66314, subd. (b)(1).)

As with non-historic resources, an agency may impose objective standards that do not
unreasonably restrict the creation of ADUs (Gov. Code, § 66311). Local agencies are
encouraged to incorporate these standards into their ordinances and to submit these
standards along with their ordinances to HCD.

How should demolition of garages in conjunction with the permitting of an ADU be

handled by a local or permitting agency?
The local or permitting agency must review and issue the demolition permit and ADU
application at the same time. The applicant shall not be required to provide written notice or
post a placard for the demolition of the garage unless the property is located in an
architecturally and historically significant historic district. (Gov. Code, § 66314, subds. (e), (f).)

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 Resources

Changes to State ADU Laws

AB 2533

AB 2533 (Chapter 834, Statutes of 2024) made various changes to State ADU Law (Gov.
Code, § 66332) regarding unpermitted ADUs and goes into effect on January 1, 2025. This bill:
• Prohibits a local agency from denying a permit for an unpermitted ADU or JADU that
was constructed before January 1, 2020, for those violations, unless the local agency
makes a finding that correcting the violation is necessary to comply with conditions that
would otherwise deem a building substandard.
• Requires a local agency to inform the public about the provisions prohibiting denial of a
permit for an unpermitted ADU or JADU.
• Requires this information to include a checklist of the conditions that deem a building
substandard and to inform homeowners that, before submitting a permit application, the
homeowner may obtain a confidential third-party code inspection from a licensed
contractor.
• Prohibits a local agency from requiring a homeowner to pay impact fees or connection
or capacity charges except under specified circumstances.
• Authorizes an inspector from a local agency, upon receiving an application for a permit
for a previously unpermitted ADU or JADU constructed before January 1, 2020, to
inspect the unit for compliance with health and safety standards and provide
recommendations to comply with health and safety standards.

46
 • Prohibits the local agency from penalizing an applicant for having the unpermitted ADU
and would require the local agency to approve necessary permits to correct
noncompliance with health and safety standards.

SB 1211

SB 1211 (Chapter 296, Statutes of 2024) made various changes to State ADU Law (Gov.
Code, §§ 66313, 66314, 66323) with regard to replacement parking and 66323 Units on lots
with existing or proposed multifamily dwellings and goes into effect on January 1, 2025. This
bill:
• Defines “livable space” as a space in a dwelling intended for human habitation, as the
term appears in Government Code sections 66313, subdivision (e), and 66323,
subdivision (a)(3)(A).
• Specifies that uncovered, off-street parking spaces demolished in conjunction with the
construction of an ADU do not need to be replaced.
• Authorizes up to eight detached ADUs on a lot with an existing multifamily dwelling,
provided that the number of ADUs does not exceed the number of existing units on the
lot.
• Prohibits a local agency from imposing any objective development standards on 66323
Units that are not authorized by the provisions of Government Code section 66323,
subdivision (a).

SB 477
SB 477 (Chapter 7, Statutes of 2024) made changes to the numbering of the sections of
Government Code for State ADU and JADU Laws. The bill went into effect on March 25, 2024.

New Government Code Sections Previous Government Code Sections

Article 1. General Provisions
66310 65852.150 (a)
66311 65852.150 (b)
66312 65852.150 (c)
66313 General Definition Section
65852.2 (j)
65852.22 (j)
Article 2. Accessory Dwelling Unit Approvals
66314 65852.2 (a)(1)(A),
(D)(i)-(xii),
(a)(4)-(5)
66315 65852.2 (a)(8)
66316 65852.2 (a)(6)
66317 65852.2 (a)(3),
(a)(7)
66318 65852.2 (a)(9)
65852.2 (a)(2)

47
 New Government Code Sections Previous Government Code Sections
66319 65852.2 (a)(10)
66320 65852.2 (b)
66321 65852.2 (c)
66322 65852.2 (d)
66323 65852.2 (e)
66324 65852.2 (f)
66325 65852.2 (g)
66326 65852.2 (h)
66327 65852.2 (i)
66328 65852.2 (k)
66329 65852.2 (l)
66330 65852.2 (m)
66331 65852.2 (n)
66332 65852.23.
Article 3. Junior Accessory Dwelling Units
66333 65852.22 (a)
66334 65852.22 (b)
66335 65852.22 (c)
66336 65852.22 (d)
66337 65852.22 (e)
66338 65852.22 (f)-(g)
66339 65852.22 (h)
Article 4. Accessory Dwelling Unit Sales
66340 65852.26 (b)
66341 65852.26 (a)
66342 65852.2 (a)(10)

Note: The statutory references below have been adjusted to the new numbering described
above.

AB 976 and AB 1033

AB 976 (Chapter 751, Statutes of 2023) and AB 1033 (Chapter 1033, Statutes of 2023) made
changes to State ADU Law (Gov. Code, §§ 66310-66342) regarding the occupancy, sale, and
separate conveyance of ADUs and went into effect on January 1, 2024. These bills:
• Removed the existing 2025 sunset prohibition on a local agency imposing an owner-
occupancy requirement on any ADU and would instead prohibit a local agency from
requiring owner-occupancy for an ADU (Gov. Code, § 66315).
• Authorized a local agency to adopt a local ordinance to allow the separate conveyance
of the primary dwelling unit and ADU(s) as condominiums, subject to certain conditions
(Gov. Code, §§ 66340-66342). Specifically:
o Condominiums shall be created pursuant to the Davis-Stirling Common Interest
Development Act.
o Condominiums shall be created in conformance with the Subdivision Map Act.

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 o Requires a safety inspection of the ADU prior to recordation of the condominium
plan.
o Requires lienholders’ consent prior to recordation of the subdivision map or
condominium plan.
o The local agency shall provide notice to consumers regarding requirements,
establishment of condominium, and lienholder consent.
o Requires homeowner notice to utilities.
o The owner of a separate interest in an existing planned development must obtain
express written authorization from the association.

AB 1332

AB 1332 (Chapter 759, Statutes of 2023) added section 65852.27 to the Government Code
to expedite the approval of ADUs and went into effect on January 1, 2024. This bill:
• Requires the local agency to develop a program for the preapproval of ADU plans by
January 1, 2025.
• Requires the local agency to accept ADU plan submissions for preapproval from any
party and approve or deny applications pursuant to standards established in
Government Code sections 66314-66342.
• Requires the local agency to post preapproved ADU plans and the contact information
of the applicant on the local agency’s internet website.
• Allows the local agency to also post plans pre-approved by other local or state
agencies.
• Authorizes a local agency to charge a fee to an applicant for the preapproval of an ADU
plan.
• Requires a local agency to approve or deny within 30 days an application for a
detached ADU that utilizes either a plan preapproved by the local agency or another
agency within the state, or a plan that is identical to a plan in a previously approved
application for a detached ADU. The plans must be valid within the current triennial
California Building Standards Code rulemaking cycle.

AB 434

AB 434 (Chapter 740, Statutes of 2023) modified amended Government Code section 65585,
subdivision (j), by adding State ADU Law (Gov. Code, §§ 66310-66342) and SB 9 (Gov. Code,
§§ 65852.21, 66411.7), among others, to the list of laws that HCD is authorized to enforce,
including HCD’s authority to notify a city, county, city and county, or the Attorney General when
the planning agency of a city, county, or city and county fails to comply with those laws. The
bill went into effect on January 1, 2024.

AB 345

AB 345 (Chapter 343, Statutes of 2021) built upon recent changes to State ADU Law, to
require cities to allow the separate conveyance of ADUs from the primary dwelling in certain

49
circumstances, provided they meet certain conditions, including those listed below, found in
Government Code section 66341:

• The ADU or primary dwelling was built or developed by a qualified nonprofit (Gov.
Code, § 66341, subd. (a)).
• There is an enforceable restriction on the use of the property between the low-income
buyer and nonprofit that satisfies the requirements of Section 402.1 of the Revenue and
Taxation Code (Gov. Code, § 66341, subd. (b)).
• The entire property is subject to the affordability restrictions to assure that the ADU and
primary dwelling are preserved for owner-occupied, low-income housing for 45 years
and are sold or resold only to a qualified buyer (Gov. Code, § 66341, subd. (c)).
• The property is held in a recorded tenancy in common agreement that meets certain
requirements (Gov. Code, § 66341, subd. (c)).

AB 345 does not apply to JADUs, and local ordinances must continue to prohibit JADUs
from being sold separately from the primary residence.

AB 3182
AB 3182 (Chapter 198, Statutes of 2020) built upon recent changes to ADU Law, specifically
Government Code sections 66310-66342 and Civil Code Sections 4740 and 4741, to further
address barriers to the development and use of ADUs and JADUs.

This legislation, among other changes, addressed the following:

• States that an application for the creation of an ADU or JADU shall be deemed
approved (not just subject to ministerial approval) if the local agency has not approved
or denied the completed application within 60 days (Gov. Code, § 66317, subd. (a)).
• Requires ministerial approval of an application for a building permit within a residential
or mixed-use zone to create one ADU and one JADU per lot (not one or the other),
within the proposed or existing single-family dwelling, if certain conditions are met (Gov.
Code, § 66323, subd. (a)(1)(A)).
• Provides for the rental or leasing of a separate interest ADU or JADU in a common
interest development, notwithstanding governing documents that otherwise appear to
prohibit renting or leasing of a unit, and without regard to the date of the governing
documents (Civ. Code, §§ 4740, subd. (a); 4741, subd. (a)).
• Provides that not less than 25 percent of the separate interest units within a common
interest development be allowed as rental or leasable units (Civ. Code, § 4741, subd.
(b)).

AB 68, AB 881, and SB 13

AB 68 (Chapter 655, Statutes of 2019), AB 881 (Chapter 659, Statutes of 2019), and SB 13
(Chapter 653, Statutes of 2019) built upon recent changes to State ADU and JADU Law
and further address barriers to the development of ADUs and JADUs.

50
This legislation, among other changes, addresses the following:

• Prohibits local agencies from including in development standards for ADUs

requirements on minimum lot size. (Gov. Code, § 66314, subd. (b)(1)).
• Clarifies that areas designated by local agencies for ADUs may be based on the
adequacy of water and sewer services, as well as on impacts on traffic flow and public
safety (Gov. Code, § 66314, subd. (a)).
• Eliminates all owner-occupancy requirements by local agencies for ADUs approved
between January 1, 2020, and January 1, 2025 (Gov. Code, § 66315).
• Prohibits a local agency from establishing a maximum size of an ADU of less than 850
square feet, or 1,000 square feet if the ADU contains more than one bedroom and
requires approval of a permit to build an ADU of up to 800 square feet (Gov. Code, §
66321, subds. (b)(2), (b)(3)).
• Clarifies that when ADUs are created through the conversion of a garage, carport or
covered parking structure, replacement of off-street parking spaces cannot be required
by the local agency (Gov. Code, § 66314, subd. (d)(11)).
• Reduces the maximum ADU and JADU application review time from 120 days to 60
days (Gov. Code, §§ 66317, subd. (a); 66335, subd. (2)).
• Clarifies that “public transit” includes various means of transportation that charge set
fees, run on fixed routes, and are available to the public (Gov. Code, § 66313, subd.
(m)).
• Establishes impact fee exemptions and limitations based on the size of the ADU. ADUs
up to 750 square feet are exempt from impact fees, and ADUs that are 750 square feet
or larger may be charged impact fees but only such fees that are proportional in size (by
square foot) to those for the primary dwelling unit (Gov. Code, § 66324, subd. (c)(1)).
• Defines an “accessory structure” to mean a structure that is accessory and incidental to
a dwelling on the same lot (Gov. Code, § 66313, subd. (b)).
• Authorizes HCD to notify the local agency if HCD finds that the local ADU ordinance is
not in compliance with state law (Gov. Code, § 66326, subd. (b)(1)).
• Clarifies that a local agency may identify an ADU or JADU as an adequate site to satisfy
its Regional Housing Needs Allocation (RHNA) (Gov. Code, § 65583.1, subd. (a)).
• Permits JADUs even where a local agency has not adopted an ordinance expressly
authorizing them (Gov. Code, § 66320).
• Allows a permitted JADU to be constructed within the walls of the proposed or existing
single-family residence and eliminates the required inclusion of an existing bedroom
and an interior entry into the single-family residence (Gov. Code, § 66333, subd. (d)).
• Requires, upon application and approval, a local agency to delay enforcement against a
qualifying substandard ADU for five years to allow the owner to correct the violation, so
long as the violation is not a health and safety issue, as determined by the enforcement
agency (Gov. Code, § 66331; HSC, § 17980.12).

AB 587, AB 670, and AB 671

In addition to the legislation listed above, AB 587 (Chapter 657, Statutes of 2019), AB 670
(Chapter 178, Statutes of 2019), and AB 671 (Chapter 658, Statutes of 2019) also have an

51
impact on State ADU Law, particularly through Health and Safety Code section 17980.12.

These pieces of legislation, among other changes, address the following:

• AB 587 creates a narrow exemption to the prohibition for ADUs to be sold or otherwise
conveyed separately from the primary dwelling by allowing deed-restricted sales to
occur if the local agency adopts an ordinance. To qualify, the primary dwelling and the
ADU are to be built by a qualified nonprofit corporation whose mission is to provide units
to low-income households. (Gov. Code, § 66340, 66341.)
• AB 670 provides that covenants, conditions, and restrictions that either effectively
prohibit or unreasonably restrict the construction or use of an ADU or JADU on a lot
zoned for single-family residential use are void and unenforceable (Civ. Code, § 4751)).
• AB 671 requires local agencies’ housing elements to include a plan that incentivizes
and promotes the creation of ADUs that can offer affordable rents for very low-, low-, or
moderate-income households and requires HCD to develop a list of state grants and
financial incentives in connection with the planning, construction, and operation of
affordable ADUs (Gov. Code, § 65583; HSC, § 50504.5)).

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Summary Table of Statutory Changes

Bill Statute Amended Section Year Effective

AB 670 (2019) Civil Code 4751 2020

AB 671 (2019) Government Code 65583 (c)(7) 2020

AB 671 (2019) Health and Safety Code 50504.5 2020
4740
AB 3182 (2020) Civil Code 2021
4741
AB 345 (2021) Government Code 65852.26 2022
65852.21
SB 9 (2021) Government Code 2022
66411.7
AB 1584 (2022) California Civil Code 714.3 2022
SB1069 (2016)
AB 2299 (2016)
SB 229 (2017)
AB 494 (2017)
AB 881 (2019)
AB 68 (2019)
SB 13 (2019) Government Code 65852.2 2023
AB 3182 (2020)
AB 345 (2021)
AB 2221 (2022)
SB 897 (2022)
AB 976 (2023)
AB 1033 (2023)
AB 2406 (2016)
AB 881 (2019) Government Code 65852.22 2023
SB 897 (2022)

SB 897 (2022) Health and Safety Code 17980.12 2023

AB 1332 (2023) Government Code 65852.27 2024

AB 434 (2023) Government Code 65585 (j) 2024

65852.150
65852.2
SB 477 (2024) Government Code 65852.22 2024
65852.23
65852.26
AB 2533 (2024) Government Code 66322 2025

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 66313
SB 1211 (2024) Government Code 66314 2025
66323
AB 3057 (2024) Public Resources Code 21080.17 2025

SB 1077 (2024) Public Resources Code 30500.5 2026

54