Hesperia's Development Services Department issues ADU permits ministerially under HMC 16.12.360. California Gov. Code 66317 mandates approval or denial of a complete ADU application within 60 days (the Hesperia ordinance still references the older 120-day window).
ADU permits in Hesperia are issued by the Development Services Department (City Hall, 9700 Seventh Avenue, Hesperia, CA 92345; (760) 947-1200) under Title 15 (Building Code) and Title 16 (Zoning) of the Hesperia Municipal Code. HMC 16.12.360 currently states the city shall act on an ADU or JADU application within 120 days of receiving a completed application; however, California Gov. Code 66317(b) (formerly Gov. Code 65852.2(b)) supersedes this and requires ministerial approval or denial within 60 days. The California HCD's June 19, 2025 ordinance review letter to Hesperia flagged the 120-day language as non-compliant with state law - the 60-day state deadline controls. No public hearing, Planning Commission action, or discretionary review is allowed for code-compliant ADUs. Applicants must submit building plans, a site plan demonstrating setbacks, and structural calculations. JADUs additionally require a recorded deed restriction memorializing the owner-occupancy obligation before final permit issuance per California Gov. Code 66333.
Building an ADU without a permit violates HMC Title 15 (California Building Code adoption) and triggers stop-work orders plus after-the-fact permit fees. If Hesperia fails to act within the state-mandated 60 days, Gov. Code 66317(b) deems the application approved by operation of law.
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