Bakersfield processes accessory dwelling units under Bakersfield Municipal Code Chapter 17.65 (current through Ord. 5199, June 11, 2025). Applications are reviewed ministerially without a public hearing, consistent with California Government Code Β§65852.2. The Development Services Department (Planning Division and Building Division) reviews ADU site plans and building permits at the Development Center.
BMC Chapter 17.65 implements the ministerial-approval regime required by Cal. Gov. Code Β§65852.2. An applicant submits a site plan review application to the Planning Division showing the proposed ADU footprint, setbacks, parking, and architectural compatibility, then files for a building permit with the Building Division. Detached new-construction ADUs must respect a 4-foot maximum required side and rear setback (the city may not require more). ADUs and JADUs must be architecturally compatible with the primary dwelling β same exterior materials and architecture per BMC Ch. 17.65. State law (Cal. Gov. Code Β§65852.2(b)(1)) requires the city to act on a complete ADU application within 60 days; if denied, the city must supply a full list of objective defects. SB 9 (Cal. Gov. Code Β§66411.7 and Β§65852.21) allows ministerial two-unit development and urban lot splits on single-family lots, separate from the ADU pathway. AB 1033 (Cal. Gov. Code Β§65852.26) authorizes β but does not require β Bakersfield to adopt an ordinance permitting separate condominium conveyance of an ADU; Bakersfield has not yet opted in.
Building an ADU without permits is a violation of BMC Title 15 (Building Code) and Chapter 17.65, enforced by Code Enforcement with stop-work orders, administrative citations, and required permit-or-remove resolution under BMC Ch. 8.80 (Abatement of Public Nuisances). Failure to obtain a building permit also subjects the project to investigation fees equal to the permit fee, per the California Building Code adopted at BMC Β§15.05.
Bakersfield, CA
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