Stockton processes accessory dwelling units under Stockton Municipal Code Β§16.80.310 (Title 16, Development Code, Chapter 16.80 Standards for Specific Land Uses). Applications are reviewed ministerially without a public hearing, consistent with California Government Code Β§65852.2. The Community Development Department's Planning Division and Building & Life Safety Department jointly review applications at 501 W. Weber Avenue.
SMC Β§16.80.310 implements Cal. Gov. Code Β§65852.2 in Stockton. Property owners submit a building permit application β including a scaled site plan showing setbacks and easements β to the Building & Life Safety Department, which routes the application to Planning for zoning review. State law (Cal. Gov. Code Β§65852.2(b)(1)) requires the city to act on a complete ADU application within 60 days; if not acted upon, the application is deemed approved. Stockton allows attached ADUs up to 1,200 sf (or 50% of the primary unit's living area, whichever is less) and detached ADUs up to 1,200 sf, with a 4-foot maximum required side and rear setback for new construction. JADUs are capped at 500 sf and must be entirely within the walls of the existing single-family dwelling. SB 9 (Cal. Gov. Code Β§Β§65852.21 and 66411.7) provides a separate ministerial pathway for two-unit development and urban lot splits on single-family lots. AB 1033 (Cal. Gov. Code Β§65852.26) allows but does not require Stockton to authorize separate condominium conveyance of ADUs; Stockton has not adopted that opt-in ordinance to date. The California HCD reviewed and provided technical assistance on Stockton's ADU ordinance most recently in December 2025.
Building an ADU without permits violates SMC Title 15 (Buildings) and Β§16.80.310, enforced by Stockton Code Enforcement under SMC Β§1.04 (General Penalty) and the city's nuisance-abatement procedure. Health and Safety Code Β§17920.3 governs substandard unpermitted dwellings statewide and is the legal basis for the city's legalization program for ADUs built before January 1, 2020.
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See how Stockton's adu permits rules stack up against other locations.
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