San Jose processes ADU applications ministerially under San Jose Municipal Code Section 20.30.150 with a 60-day decision deadline mandated by California Government Code Section 65852.2. Detached new-construction ADUs are capped at 800 sq ft with a 4-foot rear and side setback. Conversions of existing space (garage, basement) face no separate setback, and attached ADUs may reach 1,200 sq ft or 50 percent of the main dwelling, whichever is less. Submittal is through the Permit Center.
ADU applications in San Jose are reviewed under SJMC 20.30.150, the ADU and Junior ADU section of the Zoning Code adopted in 2018 and amended repeatedly to track state law (most recently AB 976 and AB 1033). The review is ministerial: city staff check the plans against objective standards in the zoning code and California Building Code and must act within 60 days under Gov. Code 65852.2. Two submittal paths exist: the standard Permit Center process for custom designs, and the Pre-Approved ADU Plan Program where the homeowner picks a vetted plan and skips most plan-check. Detached ADUs are limited to 800 sq ft (16-foot height by right, up to 18 feet if within a half-mile of transit), with 4-foot rear and side setbacks. Conversion ADUs in existing legal structures are exempt from setback requirements. Junior ADUs (up to 500 sq ft inside the main house) still require owner occupancy of the primary dwelling.
Building an ADU without a permit triggers a Stop Work Order from the Building Division and double permit fees on the after-the-fact application. Unpermitted ADUs that cannot be retroactively permitted must be removed or restored. Code Enforcement may issue administrative citations of $100 to $500 per day until compliance.
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See how San Jose's adu permits rules stack up against other locations.
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