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Burbank, CA Accessory Structures: ADU Rules (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified June 2026

ADU rules in Burbank, CA, also called accessory dwelling unit regulations or granny flat ordinances, cover setbacks, owner-occupancy, parking, and permit requirements.

Key Facts

Code Section
BMC 10-1-620.3
Ordinance
No. 23-4,002, eff. 12/8/23
State law
Cal. Gov. Code 65852.2
Permitted zones
R-1, R-2, R-3, R-4, MDR-3, MDR-4, R-1-H
Max ADU size
850 sq ft (1,000 sq ft if more than 1 bedroom)
Max JADU size
500 sq ft
Side/rear setback
4 ft minimum
Detached ADU height
17 ft (18 ft near transit; 20 ft top-of-plate atop a garage)
Parking
Max 1 space per ADU or per bedroom; waived near transit, conversions, historic districts
Owner occupancy
Not required (Gov. Code 65852.2(a)(8))
Review
Ministerial, 60-day clock

Summary

Burbank permits accessory dwelling units ministerially in all residential zones (R-1, R-2, R-3, R-4, MDR-3, MDR-4, R-1-H) under BMC 10-1-620.3, capping detached and attached ADUs at 850 square feet (1,000 with more than one bedroom) and a junior ADU at 500 square feet, with 4-foot side and rear setbacks.

F. SQUARE FOOTAGE. 2. All new attached and detached ADUs shall not exceed 850 square feet, except for an ADU with more than one bedroom shall not exceed 1,000 square feet. ADU square footage shall be measured from exterior wall to exterior wall, unless the ADU shares a wall with the primary dwelling, in which case, it shall be measured from the midpoint within the shared wall to the exterior wall. ... H. SETBACK. 1. Unless otherwise provided in this Division, any new attached or detached ADUs must have a minimum setback of 4 feet to the rear property line and 4 feet to the side-yard property line including ADUs constructed on top of a garage or accessory structure.

Source: Burbank Ordinance 23-4,002 (ADU/JADU Update)View official code

Official source re-checked September 8, 2026: no newer edition of the code had been published (publisher’s edition: current through Ordinance 26-4,038, passed February 24, 2026).

Full Breakdown

Ordinance No. 2. Applications deemed complete for ADUs and Junior ADUs on lots with existing single-family or multifamily dwellings must be approved or denied ministerially within the 60-day review period required by state law. ADUs and Junior ADUs are a permitted use in the R-1, R-2, R-3, R-4, MDR-3, MDR-4, and R-1-H zones, and where required by state preemption (Gov. 2(e)) on any lot with an existing or proposed single-family or multifamily dwelling. New attached and detached ADUs may not exceed 850 square feet, except an ADU with more than one bedroom may reach 1,000 square feet; a Junior ADU is limited to 500 square feet and must be created within the existing walls of the single-family residence or attached garage.

New attached ADUs follow the height limits of BMC 10-1-603(A); detached ADUs not built atop a garage are capped at 17 feet (18 feet, plus up to 2 feet for a matching roof pitch, near a high-quality transit corridor or major transit stop), and an ADU built atop a detached garage or accessory structure may reach a 20-foot top-of-plate height (23 feet to architectural features). New ADUs require a minimum 4-foot setback from the rear and side property lines. Required parking may not exceed one space per ADU or per bedroom, whichever is less, and is fully waived when the ADU is within one-half mile walking distance of public transit, is part of an existing structure, is in a historic district, or where on-street parking permits are not offered to the ADU occupant.

2(a)(8), Burbank does not impose owner-occupancy on ADUs. ADUs may be rented (terms longer than 30 days, and not as short-term rentals of fewer than 90 days) but may not be sold or conveyed separately from the primary residence.

Violations & Fines

Under BMC 10-1-620.6, willfully providing a false statement, or failing to provide a required statement, under Section 10-1-620.3 is a misdemeanor. A violation of any provision of the ADU section is a misdemeanor carrying a penalty of at least $100 per day for a first violation, a minimum of $500 per day for a second violation, and a minimum of $1,000 per day for any further violation, and does not preclude probation or other terms or conditions.

Frequently Asked Questions

How large can an ADU be in Burbank?
New attached and detached ADUs may not exceed 850 square feet, except an ADU with more than one bedroom may be up to 1,000 square feet. A junior ADU is limited to 500 square feet and must be built within the existing walls of the single-family residence or attached garage.
What setbacks apply to a new ADU in Burbank?
Under BMC 10-1-620.3(H), any new attached or detached ADU must maintain a minimum setback of 4 feet to the rear property line and 4 feet to the side-yard property line, including ADUs constructed on top of a garage or accessory structure. A converted legal garage or accessory structure may keep its existing nonconforming setback.
Does Burbank require the owner to live on the property with an ADU?
No. Pursuant to California Government Code Section 65852.2(a)(8), Burbank does not impose owner-occupancy requirements on ADUs. The code notes the requirement would spring back into effect only if state law is amended to again allow owner-occupancy restrictions. Junior ADUs remain subject to owner-occupancy of either the primary dwelling or the JADU.
Can a Burbank ADU be used as a short-term rental?
No. BMC 10-1-620.3(Q) provides that, unless otherwise allowed by the Municipal Code, ADUs and Junior ADUs that are rented must be rented for terms longer than 90 days, which precludes short-term vacation rental use.

Sources & Official References

Other rules in Burbank

All Burbank rules

How Burbank compares: Easiest Cities to Build an ADU·California rules heatmap·Compare Burbank to another location·View the California accessory structures overview

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